to Dag a Fish Lastly Juno or Astarte takes the figure of a Cow because Hastaroth signifies Herds of Oxen. 'T is not to be doubted but from the time of Moses the Egyptians worshipped their Gods under the figure of Animals since Moses himself answers That the Israelites could not offer a solemn Sacrifice in Egypt lest they should expose themselves to be stoned by the Egyptians whose Gods they must sacrifice to the true God ANNA PERENNA This fabulous Story is told of her This Anna according to some Authors was the Daughter of Belus and Sister of Dido who fled to Battus King of the Isle of Malta after the death of her Sister when Hierbas the King of the Getuli attempted to take Carthage When she perceiv'd herself not safe with Battus because of the Threats of Hierbas she fled into Italy to Laurentum where Aeneas was settled and as he walked one day along the Bank of the River Numicius he met Anna and presently knew her and conducting her to his Palace he treated her according to her Quality Lavinia was troubled at it and sought her Destruction as being her Rival but she being admonished of it in a Dream escaped to the River Numicius whereof she was made a Nymph as she told them that searched for her and ordered them to call her for the future Anna Perenna because she should be for ever under these Waters Placidi sum Nympha Numici Amne perenne latens Anna Perenna vocor Ovid. Fast Lib. III. v. 653. This News oblig'd the Albans to make great Rejoycings along the Banks of the River in Dances and Feasting and in imitation of them the Romans did the same on the Banks of Tiber. The Virgins took very undecent Liberties dancing and Iasciviously sporting without any Modesty Ovid has describ'd these Feasts which were made on the 15th of March They sacrific'd to her to obtain a long Life Annare Perennare Some have thought that she was an old Woman of Bovillae who brought Meat to the People of Rome of old and then fled into the holy Aventine-Mount and in Gratitude this Feast was appointed in Honour of her by the Romans Pace domi fact â signum posuêre perenne Quod sibi defectis illa ferebat opem Ovid. Fast Lib. III. v. 673. ANNALES Annals a chronological History which describes the remarkable Events of a State yearly as the Annals of Cornellus Tacitus Whereas History says Aulus Gellius descants upon those Events and upon the Causes which produc'd ' em It was allow'd at first to the Chief-Priests only to write the Annals of the People of Rome that is to say the considerable things that happen'd every year and from thence they were called Annaies Maximi non à magnitudine sed quòd eos Pontifex consecrasset says Festus ANNALIS LEX The Law which appointed the Age at which any Person was promoted to Offices of State Eighteen Years was required for one to be made a Roman Knight and Twenty five to obtain a Consulship and so for other Offices The Romans took this Law from the Athenians ANNALIS CLAVUS The Nail which the Praetor Consul or Dictator fix'd every Year in the Wall of Jupiter's Temple upon the Ides of September to shew the Number of Years But this Custom was after changed and the Years were reckon'd by the Consuls ANNIBAL an African the Son of Amilcar and General of the Carthaginians in the Wars against the Romans whom he beat and defeated in several Battels He pass'd from Spain to the foot of the Alps in his way to Italy and went up to the top of those Mountains in Nine days time notwihstanding the Snow with which they were covered and in spight of the Resistance of the Mountaineers which inhabit there whom he shut up in a Rock which they used for a Retreat and by an unheard of Invention he cut a way through that part of this Mountain which most obstructed his passage with Fire and Vinegar After this he over-run all Italy and brought Terrour and Dread with him into all Parts and chiefly after the Battel of Cannae which is a small Village of Apulia in which the Romans lost Forty Thousand Men together with the Consul Aemilius Annibal sent Three Bushels of Gold Rings to Carthage and made himself a Bridg of dead Bodies 'T was at this Battel that he shew'd that the greatest Men commit the greatest Faults for he forgot himself and lost by his own Carelesness a complete Victory for instead of attacking Rome he went and drown'd all his Glory and Hopes in the Pleasures of Capua He dyed at the Palace of Prusias King of Bithynia having poyson'd himself because he apprehended that this barbarous King would deliver him into the hands of the Romans Thus dyed this great General after he had made War Sixteen Years in Italy won several Battels brought several Nations to a Submission either by Force or Agreement besieg'd Rome and made himself Master of divers Cities Juvenal having briefly run over the great Exploits of Annibal concludes that all this Glory ended at last with being conquer'd banish'd and living as a Fugitive reduc'd to so mean a condition as to court a petty King of Asia and lastly with killing himself by a Ring which was a sort of Revenge on him for that incredible multitude of Rings which he had taken from the Roman Nobles slain in the Battel of Cannae Lucian makes him speak thus of himself in one of his Dialogues of the Dead Having pass'd out of Africk into Spain with an handful of Men I first made my self famous by my Valour and after the death of my Wives Brother having the command of the Armies I subdu'd the Spaniards and Western Gauls then marching over the Alps I conquer'd all Italy as far as Rome after I had gain'd Three great Battels and slain in one day so many Enemies that I measured the Gold Rings which the Knights were by the Bushel and marched upon a Bridg of dead Bodies Being recall'd into Africa to oppose Scipio I obey'd as if I had been one of the meanest of the Citizens and after being unjustly condemn'd I bore my Banishment patiently ANNONA the Victuals or the provision of Corn for a Year Annona Civilis the Corn with which the Granaries of Cities were fill'd every Year for the Subsistance of the Citizens Annona Militaris the Corn which was laid up in the Magazines for the Subsistance of an Army during the Campaign ANNULUS a Ring which the Antients wore on their Fingers There are Three sorts of 'em one sort was call'd Annuli Sponsalitii Pronubi or Geniales Rings of Espousals or Marriage-Rings which the Bride-groom gives his Bride at their Marriage others were call'd Annuli Honorarii Rings of Honour which were us'd as Marks of Honour and distinction between the different Orders of Men and with which those also were rewarded who had done some signal Service to the Common-wealth the Third sort were call'd Annuli Signatorii or
an Hecattomb of these Artificial Creatures to the Gods BRABEIA the Rewards which the Ancients gave to Actors Dancing-Women Jack-puddings Vaulters and Stage-players BRABEUTES was he who in the publick Shows and Plays ordered them provide the Expence and distributed the Rewards BRACCAE Breeches the Linnen which covers the secret Parts as our Linings This word is from the Celtae who gave the Name of Gallia Bracata to that part of France called afterward Gallia Narbonensis They were a sort of Breeches or as others think a short Gown Mr. Du Cange accounts them that part of the Cloaths that cover the Thighs as our Breeches do that the word comes from Brace or Braccae because they were short Salmasius will have it to be derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and others think it comes from the Hebrew Borec which signifies a Knee because that Garment reached no further than their Knees BRACHIALE a defensive Armour to secure the Arm. The Compleat Horsemen of Old wore them The Switz-Foot also do so now but they are only the Pike-men BRACHMANES Brachmans Philosophers and Poets among the Indians Strabo gives us an elegant Description of these Brachmans and represents them to us as a Nation devoted as much to Religion as the Jews were As soon as their Children are born their Doctors come and bless their Mothers and give them some virtuous Instructions While they are in their Infancy they appoint them Masters and accustom them to a thrifty way of Living They teach their Philosophy in Woods and allow none to marry till they are Thirty Seven Years of Age Their Life is very laborious and mortifying but after that they allow something more Liberty Their Doctrine was that this Life is only a preparation and passage to an eternal and happy Life to those who live well That the joy and grief good and evil of this World are but Dreams and Fantoms They were much of the same Opinions with the Greeks that the World had a beginning and should have an end That God made it governs it is present in it and fills it Strabo afterward relates a Discourse which Alexander the Great had with one of the most famous Brachmans named Calanus who laughed at the rich Garments of Alexander telling him that in the Golden Age Nature produced a great Plenty of those things but now Jupiter had changed the State of Affairs and obliged Men to procure themselves another sort of Plenty by Arts Labour and Thriftiness that Men began to abuse this second Favour which was a just Reason to think that the World was now quite changed St. Clement of Alexandria speaks of the Brachmans almost in the same manner as Strabo He assures us that they would not eat any living Creature nor drink Wine observed a continual Continency eat but once a Day and some of them only once in Two or Three Days and that they looked upon Death as a Passage into another Life BRANCHIDAE the Priests of Apollo Didymaeus who uttered his Oracles near the Promontory of Ionia This Name was from one Branchut a Thessalian who affirmed himself to be the Son of Apollo and to whom Sacrifices were offered as to a God BRIAREUS one of the Giants the Son of Coelum and Terra who had an Hundred Arms according to the Fable He was chosen by the Sun and Neotune to decide their difference about the Territory of Corinth which he adjudged to Neptune and gave the Sun the Promontory above the City BRITANNICUS the Son of the Emperor Claudius and Messalina His mother-in-Mother-in-Law Agrippina raised Nero to the Empire to his Prejudice by means of Tiberius He was poisoned at the Age of Fourteen Years by Nero's Order The Account which Tacitus gives of him is this Among other Pastimes which the Youth used at the Feast of the Saturnalia there was a certain Play in which they made a King who commanded all the Company It fell to Nero's Lot to be chosen who gave trifling Commands sometimes to one and sometimes to another but when he came to Britannicus he ordered him to rise up and reherse some Verses thinking to make him laughed at but he not seeking to excuse himself began a Poem wherein he complained of the Wrong done him and described the Misfortune of a Prince who had been deprived of his Kingdom where by he moved the Compassion of all present Then Nero being nearly touched with this Affront resolved to kill him immediately by poisoning him and to that end gave a Commission to the Captain of the Praetorian Band named Pollio who had in his Custody that famous Woman for poisoning named Locusta whom he had before made use of to destroy the Father of Britannicus It was a Custom for the Emperors Children to dine with the other Princes who were of the same Age at a Table that was not served with so much State Wherefore to prevent that the Person who was to tast Britannicus's Meat and Drink should not be poisoned they gave him some Drink a little too hot which when he had tasted he gave to the young Prince who refusing to drink it they gave him some cooler Water which was poisoned and seized all his Members in such a manner that he lost his Speech and Life in an Instant He was carried into Mars's Field with very little Ceremony but in so great a Tempest that the People took it for a mark of the divine Anger who detested so black and infamous an Action BRONTES one of the Cyclops who wrought in Vulcan's Forge so called from the Greek Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Thunder because of the Noise and Clatter which he makes upon his Anvil Hesiod makes him the Son of Coelum and Terra as well as the other Cyclops Styropes and Piracmon BROTHEUS the Son of Vulcan and Minerva who seeing himself derided for his Deformity cast himself into the Fire preferring Death before a contemptible Life BRUMALIA the Saturnalia which were kept at the Winter Solstice or upon the shortest Day of the Year See SATURNALIA BRUTUS the Name of several Romans Lucius Junius Brutus the Founder of the Liberty and Common-wealth of Rome which had been governed by Seven Kings Successively He had seemed till the Death of Lucretia to be of a very dull and slow Wit but the Death of that famous Woman changed him on a sudden for he delivered a funeral Oration in praise of her so well that the People looked upon this Proof of his excellent Wit and Eloquence for a Prodigy and Miracle from the Gods The People at the Conclusion of this Speech cried out LIBERTY and made Brutus Consul giving him an absolute Power He was slain in a single Fight with Aruns the Son of Tarquinius but slew his Enemy at the same time The Roman Matrons lamented him and wore Mourning for him a whole Year acknowledging him the Revenger of the violated Ghastity of their Sex in the Person of Lâ—â—retia M. and Decius Brutus were the Institutors
Jupiter Assistance against the Grants he by way of Acknowledgment ordered the Gods to swear by its Water and that if they perjured themselves they should be deprived of Life and Feeling for 9000 Years Servius gives us the Reason of this Fable and says that the Gods being possest of all Bliss and Immortal swore by Styx which is a River of Grief and Sorrow as by a Thing that was quite contrary to them and the Oath was taken by way of Execration Hesiod in his Theognis says that when one of the Gods lyed Jupiter sent Irts to fetch some of the Water of Styx in a Gold Cup by which the Lyar was to swear and if he perjured himself he was to be for a Year without Life or Motion but it must have been a great Year that continued several Millions of Years SUADA and SUADELA the Goddess of Perswasion owned by the Romans and called Pitho by the Grecians SUETONIUS named Tranquillus wrote the Lives of the first Twelve Emperors and was Secretary to the Emperor Adrian his History reaches to the Year of our Redemption 98 and comprehends 144 Years SUFFRAGIUM a Suffrage given by the Romans either at the Choosing of Magistrates for the Receiving of Laws or in Judgments The People for a long time gave their Suffrages by Word of Mouth in Matters relating to the Commonwealth which were taken by the Officers of the Tribes called Rogatores who afterwards acquainted the President of the Assembly with the Sentiments of their Tribes This Method continued to the Year 615 after the Building of Rome under the Consulship of Q. Calpurnius Piso and M. Popilius Lenas when Gabinius Tribune of the People passed the first Law of Ballotting for the Choosing of Magistrates that enjoyned the People from thence forward no longer to give their Suffrages viva voce but that they should throw a Ballot into a Box or Urn whereon the Name of the Person they were minded to choose should be written This Law they called Tabellaria because their Ballots were named Tabellae Papyrius Carbo who was also Tribune of the People got another Law passed called Papyria in the Year 625 whereby the People were required to give their Suffrages by Ballots in enacting of Laws And Cassius Tribune of the People likewise obliged the Judges by a Law to give their Votes by Ballots in Matters of Judgments All these Laws were very good for the Commonalty who before durst not give their Votes freely for fear of offending the Great ones And this Cicero tells us in his Oration pro Plancio Grata est tabella quae frontes aperit hominum mentes tegit datque eam libertatem ut quod velint faciant And 't is also in the Agrarian Law called Vindex libertatis and in the Cornelian Principium justissimae libertatis Now these Ballots were little pieces of Wood or other Stuff made very narrow and marked with several Letters according to the Nature of the Business in hand For Example if they were about to choose a Magistrate they wrote down the first Letters of the Candidates Names and gave as many of them to every one as there were Competitors for the Place In the Assemblies held for Receiving of a Law they gave every one two one of which was marked with these two Letters V. R. signifying as much as uti rogas and the other only with an A which denoted Antiquo I reject the Law In Matters of Judgments or Sentences to pass they gave three of them one marked with an A and signified Absolvo I acquit the Persons accused the other with a C. Condemno 〈◊〉 condemn him and the third with these two Letters L. N. non liquet Judgment cannot pass the Matter is not clear enough The Ballots were delivered at the Entry of a Bridge by the Distributors of them who were called Diribitores and the Place of Office where they were given was named Diribitorium They went up to the Tribunal of the Consul or of him who sate as President of the Assembly qui cistellam deferebat and threw what Ballot they thought fit into the Urn and then the Centuria or Tribe whose Right it was first to draw the Lots gave its Suffrage having done they told the Suffrages and the Crier said with a loud Voice Praerogativa renunciat talem Consulem If the Matter related to the Enacting of a Law Praerugativa legem jubet or non accipit The Magistrates afterwards ordered the Centuria of the first Class to be called those of the Cavalry first and the Infantry next When there were not a sufficient Number of Suffrages for the entituling of a Person to an Office the People might chuse whom they pleased and this in Latin they called Non conficere legitima Suffragia non explere trihus SUMMANUS an Epithet which the Poets gave Pluto being as much as to say Summus Manium the Chief of the Manes SYLLA surnamed Lucius Cornelius a Roman General of a Patrician Race he was chosen Quastor and had a great Quarrel with Marius the Consul which proved fatal to the Common-wealth of Rome for he banished divers Illustrious Citizens and filled Rome with Blood and Slaughter He was surnamed the Happy He died of the lowsie Disease SYLVANUS or SILVANUS A God whom the Poets said did preside over Forests and Land-marks Some made him to be the Son of Faunus but Plutarch in his Parallels will have him to have been begotten incestuously by Valerius on his Daughter Valeria Fenestella says that Pan Faunus and Sylvanus were the same Deity The Luperci were their Priests and their Feasts the Lupercalia See Lupercalia c. SILVIUS POSTHUMUS King of Alba the Son of Ascanius and Grandson to Aeneas he was named Sylvius because he was born in a Forest and Posthumus by reason his Birth happened to be after his Father's Death SYRE ES. See Sirenes SYRINX and SYRINGA were Pipes or Reeds of a different Length joined together wherein they blew as Tinkers and Boors do now-a-days who are the Inheritors of the wretched Musick of the Satyrs Pan was the Inventor of this Instrument who running like a hair-brained Fellow after the Nymph Syringa whom he was desperately in Love with could catch nothing but Reeds into which she was transformed so comfort himself for his Loss he made Muical Instruments of those Reeds join'd together which bore the Name of his Nymph and were in Request with Shepherds Ovid gives the Story of it in these Verses Panaque cum prensam sibi jam Syringe putaret Corpora pro Nymphae calamos tenuisse palustres Dumque ibi suspir at motos in arundine ventos Effecisse sonum tenuem similemque querenti Arte nova vocisque Deum dulcedine captum Hoc mihi concilium tecum dixisse manebit Atque it a disparthus calamis compagine cerae Inter se junctis nomen tenuisse puellae SYRTES Two Gulphs in the farthest Part of Africa full of quick Sands and so called from the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉
The Original of the Tuscan Order was in Tuscany one of the most considerable parts of Italy whose Name it still keeps Of all the Orders this is the most plain and least ornamental 'T was seldom us'd save only for some Country Building where there is no need of any Order but one or else for some great Edifice as an Amphitheatre and such like other Buildings The Tuscan Column is the only thing that recommends this Order The Doric Order was invented by the Dorians a People of Greece and has Columns which stand by themselves and are more ornamental than the former The Ionic Order has its Name from Ionia a Province of Asia whose Columns are commonly sluted with Twenty four Gutters But there are some which are not thus furrow'd and hollow'd but only to the third part from the bottom of the Column and that third part has its Gutters fill'd with little Rods or round Battoons according to the different height of the Column which in the upper part is channell'd and hollow'd into Groves and is altogether empty The Corinthian Order was invented at Corinth it observes the same measures with the Ionic and the greatest difference between them is in their Capitals The Composite was added to the other Orders by the Romans who plac'd it above the Corinthian to show as some Authors say that they were Lords over all other Nations and this was not invented till after Augustus had given Peace to the whole World 'T is made up of the Ionic and Corinthian but yet is more ornamental than the Corinthian Besides these Five Orders there are some Authors who add yet Two more viz. the Order of the Cargatides and the Persic Order The former is nothing but the Ionic Order from which it differs only in this that instead of Columns there are Figures of Women which support the Entablature Vitruvius attributes the Origine of this Order to the Ruine of the Inhabitants of Carya a City of Peloponnesus He says That these People having joyn'd with the Persians to make War upon their own Nation the Gracians routed the Persians and obtain'd an entire Victory over them after which they besieg'd the Inhabitants of Carya and having taken their City by force of Arms they reduc'd it to Ashes and put all the Men in it to the Sword As for the Women and Virgins they carried them away captive but to perpetuate the Marks of their Crime to Posterity they represented afterwards the Figure of these miserable Captives in the publick Edifices which they built where by making them serve instead of Columns they appear'd to be loaded with a heavy burden which was as it were the Punishment they had deserv'd for the Crime of their Husbands The Persic Order had its rise from an Accident like this For Pausanias having defeated the Persians the Lacedemonians as a Mark of their Victory erected Trophees of the Arms of their Enemies whom they represented afterwards under the Figure of Slaves supporting the Entablatures of their Houses From these Two Examples divers kinds of Figures were afterwards made use of in Architecture to boar up the Cornishes and support the Corbels and Brackâ—â—s There are still some ancient footsteps to be seen near Athens of those Figures of Women which carry Panniers on their Head and supply the room of the Cargatides There are also Figures of Men who are commonly call'd Atlantes according to Vitrutius tho' the Romans call'd them Telamones The Greeks had some reason to call them Atlantes from Atlas whom the Poets feign'd to bear up the Heavens but it does not appear why the Latins gave them the name of Telamones Boudus in his Dictionary upon Vitruvius says that 't is probable he who first us'd this Word to signifie these Statues which bear some burden wrote not Telamones but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Greek Word signifies those that are miserable and labour hard which exactly agrees to these sort of Figures which support Cornishes or Corbels and which we commonly see in the Pillars of our ancient Temples under the Images of some Saints or some great Persons ARCHITECTURE consists of Three Parts The first treats of the Building of publick and private Edifices the second is about the Art of Dialling which treats of the Course of the Stars and the way of making several sorts of Dials the third is about the Engines which are made use of for Architecture and for War ARCHITECTUS an Architect He ought says Vitruvius to be skill'd in Writing and Designing to be instructed in Geometry and to have some knowledge of Opticks He ought to have learn'd Arithmetick and to be well vers'd in History to have studied Philosophy very well and to have some insight in the Musick Laws Astronomy and Physick He should be well skill'd in Designing that he may the more easily perform all the Works he has projected according to the Draughts he hath made of them Geometry is also a great help to him especially to teach him how to make use of the Rule and Compass how to lay out things by the Line and do every thing by the Rule and Plummet Opticks serve to teach him how to admit the Light and to make Windows according to the Situation of the Heavens Arithmetick instructs him how to calculate the Charges which his Work amounts to History furnishes him with matter for the greatest part of the Ornaments in Architecture of which he should be able to give a rational account Philosophy is also necessary to make a perfect Architect I mean that part of Philosophy which treats of things Natural which in Greek is call'd Physiology As for Musick he should be a perfect Master of it that he may know how to Order the brasen Pipes which are lodg'd under the Stairs of Theatres so that the Voice of the Comedians may strike the Ears of the Auditors with more or less force clearness and sweetness An Architect ought also to be skill'd in the Laws and Customs of places that he may know how to make partition Walls Spouts Roofs and Common-shores how to order the Lights of Houses the Drains for Water and several other things of that nature Astronomy is also useful to him for making of Sun-dials by teaching him to know the East West South and North the Equinoxes and Solstices c. He ought to be knowing in Physick to understand the Climates and Temperament of the Air which is wholsome and which Infectious also the Nature of Waters For without considering these things he cannot build an healthful Habitation If so much knowledge is necessary to make a complete Architect 't is to be fear'd there are but few perfect Masters of that Art ARCHON the chief Magistrate of Athens The Nine Magistrates who took upon them the Government of that City after the Death of Codrus who was the last King of it were also call'd so At first they were chosen to be perpetual Governors but in process of time their Office was limited
me so much and torment your selves for me who am happier than you Is it because the Darkness wherein I am frights you or because you think I am smothered with the Weight of my Tomb But a Dead Man has nothing to fear since now he is past all Apprehensions of Death and my burnt or putrified Eyes have no need to see the Light Besides were I miserable what good could all your Complaints do or the smitings of your Breasts to the Tunes of Instruments and this crowned Tomb these Tears and Lamentation of Women Do you think this Wine which you pour out runs down to Hell or is good to drink in another World as for the Beasts which you but in Sacrifice one part of them rises in Smoke and the rest is consumed into Ashes whic are very indifferent Food This sort of mourning for the Dead was much alike at Rome and Greece But their Burials differ according to the Diversity of Nations for the one burn or bury them and the other embalm them I have been present at the Feasts in Aegypt where they set them at the end of their Table and sometimes a Man or Woman is forced to deliver up the Body of his Father or Mother to conform to that Custom As for Monuments Columns Pyramids and Inscriptions nothing is more useless there are some that celebrate Plays in Memory of the Dead and make Funeral Orations at their Burials as if they would give them a Certificate or Testimonial of their Life and Manners After all this some treat the Company where the Friends comfort you and desire you to eat How long say they will you lament the dead You can't recall them to Life again by all your Tears Will you kill your selves with Despai◠for your Friends and leave your Children Orphans You ought at least to eat because by this means you may mourn the longer Thus far Lucian When the Body is laid upon the Pile of Wood to be burnt some Person opens his Eyes as it were to make him look up to Heaven and having called him several Times with a loud Voice his next Relation sets Fire to the Pile of Wood with a Torch turning his Back upon it to shew that he does that Service for the Dead with Regret Pliny is of Opinion that burning of the Bodies of the Dead was not ancient at Rome We do not says he find that any of the Cornelian Family were burnt till Sylla but Pliny seems to contradict himself when he writes that King Numa forbad to pour Wine upon the Fires which were kindled for the burning of the Dead and Plutarch assures us that Numa did strictly forbid that his Body should be burnt after his Death but he ordered Two Tombs of Stone to be built in one of which his Body should be laid and in the other those holy Books which be had written about Religion and the Worship of the Gods which is Proof that burning of Bodies was very ancient and that it was at least used in his Time The Laws of the XII Tables which were made Three Hundred Years after the building of Rome which forbad the Burial or burning of Bodies within the City does not at all favour the first Opinion of Pliny for nothing else can be concluded but that there were Two ways of disposing of dead Bodies in use burying or burning and both were forbidden within the City to avoid Infection and secure it from the danger of Fires which might happen by that means Cicero teaches us that the Custom of burying Bodies was introduced at Athens by Cecrops and that they buried them with their Faces to the West whereas at Megara they turned their Faces to the East The Custom of burying Bodies lasted a very long time throughout all Greece and that of burning them came from the Gymnosophists of India who had used it long before The Aegyptians embalm the Bodies of the Dead to preserve them from Corruption The Aethopians had diverse ways sometimes they cast them into the Currents of Brooks and Rivers sometimes they burnt them or put them in Earthern Vessels according to the Testimony of Herodotus and Strabo The Indians eat them that by this curious Secret they might give them a second Life by converting them into their own Substance Those People whom Herodotus calls the Macrobies or Long-lived dry the Bodies then paint their Faces with white and so restore them to their Natural Colour and Complexion Then they wrapt them up in a Pillar of Glass in which having kept the Body a whole Year they set it up in some place near the City where all might see it Diodorus Siculas relates that there were certain People who after they had burnt the Bodies put their Ashes and Bones into Statues of Gold Silver and Earth covering them over with Glass The Garamantes bury their dead on the Shore in the Sand that they may be washed by the Sea When the Body of the dead is consumed by the Fire and all present have taken their last farewell Vale aternum nos eo ordine quo Natura vlouerit sequemur the nearest Relations gather up the Ashes and Bones which they sprinkle with holy Water and then put them into Urns of different Matter to set them in their Tombs pouring out Tears upon them which being catched in small Vessels called Lacrymatoriae they are likewise reposited with the Urn in the Tomb. It is very uncertain how they could gather the Ashes and keep them mingling with those of the Wood and other things which were burnt with the Bodies Pliny mentions a sort of Linnen which grows in the Indies called by the Greeks Asbestos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be burnt of which is made a Cloath that will not burn although it be cast into the Fire In this the Body being wrapped up the Ashes of it may easily be kept together without mixing with those of the Wood but this is not probable since the same Pliny tells us that this Cloth was very rare and was preserved for the Kings of the Country only Perhaps they made use of another Cloath made of the Stone Amiantus which Pliny says they had the Art of spinning at that Time and Plutarch assures us that in his Age there was a Quarry of that Stone in the Isle of Negropont and the like is found in the Isle of Cyprus Tines and elsewhere They might have also some other Invention as to set the Body upon the Fire in a Coffin of Brass or Iron from whence it was easy to gather the Ashes and Bones that were not consumed CADMUS the Son of Agenor King of Phoenicia who was sent by his Father to find out Europa which Jupiter had taken away but not hearing of her after several long and dangerous Voyages he went to consult the Oracle of Delphi who ordered him to build a City in the Place whither an Ox should lead him And preparing in the first place to sacrifice to the Gods he sent
his Companions to the Fountain of Dirce which was near to fetch him some Water but they were devoured by a Dragon Minerva to comfort him for this Loss advised him to go and slay the Monster and to sow its Teeth upon the Earth This being done he saw armed Men immediately to grow up who slew one another except Five who surviving that Slaughter helped him to build the City which he called Thebes and reigned there several Years He married Harmonia or according to Ovid Hermione the Daughter of Mars and Venus by whom he had several Children which came all to miserable ends Cadmus was expelled out of Thebes by Amphion and went into Europe with the Phaenicians 'T is said that he brought with him Sixteen Letters of the Greek Alphabet that he taught to write in Prose and that he was the first that set up Images in the Temples of the Gods He was changed into a Serpent with his Wife through the Anger of the God Mars because he slew the Dragon which kept the Fountain of Dirce. Cadmus was one of the Graecian Heroes of which the Pagans often made their Gods Bochart informs us that Cadmus was one of those Cadmonites of whom Moses speaks in Genesis The Name of Cadmonites was given them because they lived about Mount Hermon which was the most Easterly Country It is probable that Hermione Cadmus's Wife might have taken her Name from that Hill And because these People were part of the Hivites it was feigned that Cadmus and Hermione were changed into Serpents because the Syriack Word Hevaeus signifies a Serpent The Fable says that Cadmus having sown the Serpents Teeth there came up armed Souldiers which slew one another and there survived Five of them only which subdued Baeotia Bochart ingeniously conjectures that these are only Allusions to the Phoenician or Hebrew words for these Two Terms seni naas signify both the Teeth of Serpents and Points of a Sword Hyginus tells us that Cadmus found out Steel first at Thebes as also the Metallick Stone of which Steel and Copper is made still called Cadmia The armed Souldiers were at length reduced to Five because the word Hames signifies Five It imports also a Soldier girded and ready for Battle because the Souldiers girded their Body about the fifth Rib. Nevertheless some Interpreters of Finder relate that Cadmus and Hermione lived to a very old Age and were by the special Favour of the Gods carried into the Elysian Fields in a Chariot drawn by two Dragons which doubtless was the Occasion of the Fable Euhemerus of the Isle of Cos in the third Book of his sacred History will have it that Cadmus was the Cook of the King of the Cydonians one of whose Maids a Player the Flute he debauched and had by her Semele whom she put in a Chest with Bacchus and cast her into the Sea because she prostituted her self to Jupiter Such as have allegorized this Fable say that Cadmus was a very valiant Prince who conquered the Kingdom of Boeotia by force of Arms which was then governed by a King named Draco that he endeavoured to divide it among his Subjects but they quarrelled and destroyed one another and so he invaded the Kingdom This History made the Poets feign that he slew a Dragon and sowing the Teeth their sprung up Men which killed one another CADUCA BONA Escheats Goods which are forfeited to the Kings Treasury by the Laws of Escheats which were made in the Time of Augustus to encrease the Treasure which was exhausted by the civil Wars These Laws were contained in several Articles 1. That all Persons who lived a single Life should enjoy no Legacy if they did not marry within the time limited by that Law and if they did not whatever they had bequeathed to them by Will should be paid into the Treasury 2. That those who had no Children should lose one Moyety of what was left them by Will and this is that which the civil Law calls Poena orbitatis 3. All that was given by Will to any Person who died in the Life of the Testator or after his Decease before the Will was opened was an Escheat and belonged to the Treasury 4. Every Heir who was negligent in revenging of the Death of him whose Estate he inherited was deprived of his Inheritance and it came to the Treasury In a Word Caducum in the sense of the civil Law is meant of any Legacy or Gift of Inheritance which is void There is a Title in the Civil Law de caducis tollendis CADUCA AUSPICIA Vain Signs by Birds which are of no Use CADUCA VOTA CADU CAe PRECES Fruitless Vews and vain Prayers which are not heard CADERE CAUSA or LITE to lose his Suit or Cause An ancient Term of Law CADERE VOTIS to make Vews in vain which are not heard To hope vainly CADUCEUM an Heralds Staffe The Wand which Mercury according to the Fable received of Apollo in exchange of the Seven-stringed Harp which he gave him was so called The Poets speak of many Vertues which this Wand of Mercury had as to lay Men asleep and to raise the Dead The Word comes from the Latin Cadere which signifies to fall because this Wand had a force in it to appease all Differences and make Mens Arms to fall out of their Hands as Mercury proved by Two Serpents which were fighting for he threw it down between them and they were Friends and from that time Mercury always carried it as an Ensign of Peace This Wand according to the Aegyptian Mythology was streight adorned with Two Serpents twining round it and as it were joined together about the middle of their Bodies which seek to kiss one another making an Arch of the highest part of their Bodies The Ambassadours of Rome sent to make Peace carried a Wand of Gold in their Hand and were upon that account called Caduceatores as those who were sent to declare War were called FECIALES The Ancients have attributed many wonderful Effects to the Cadinoeans alluding to the Rod or Staff of Moses with which he did such Miracles in Aegypt before Pharoah and the Magicians of that Country CAECIAS the East Wind which blows from the Parts where the Sun rises and raises Clouds from whence comes the Proverb It is attended with Mischief as the Cecias with Clouds CAECILIUS of Epirus who was the Freedman of Atticus a Roman Knight He taught Grammar at Rome and was the first who read Virgil and the other Latin Poets to his Scholars There was another of that name who was a Gaul who has written of the civil-Civil-Law and of the signification of its Terms CAECUBUM a Town of Campania whence came the excellent Wines which Horace and others of the Poets speak so often of Their Vineyard was destroyed by Nero as Pliny relates CAEDERE pignora or Sectionem pignorum instituere or pignora auctione distrahere In the Roman Law are used to signify to sell by Auction or by
the River Tiber. Some Authors affirm that Romulus consecrated it to the God Mars from whom he said he was descended and that he devoted it to the Exercises of the Roman Youth Others as particularly Titus Livius think that Tarquinius Superbus challeng'd to himself the Use of it and that when he was driven away upon the Account of his Cruelty and the impudent Rape of his Son committed on the Body of the chaste Lucretia the Romans confiscated all his Goods and particularly a great Field cover'd with Corn without the City which they consecrated to the God Mars by throwing all the Corn into the Tiber Ager Tarquinius qui inter Vrbem Tiberim fuit consecratus Marti Martius deinde campus fuit Liv. This Field contain'd all that great Plain which reaches to the Gate call'd Popolo and even as far as the Pons Milvius or Ponte-mole according to the Topography of Cluverius It had on one side the Tiber and on the other the Quirinal Mount the Capitol and the little Hill of Gardens It s lowermost part was call'd Vallis Martia which reach'd from the Arch of Domitian as far as the Gate Popolo Strabo speaking of the Beauties of the City of Rome takes particular Notice of the Field of Mars which was of a prodigious Compass and much longer than it was broad In this Field the People assembled to chuse Magistrates Review was taken of the Armies and the Consuls listed Souldiers This Place serv'd also for the Exercises of the Youth as to ride the Horse to Wrestle to shoot with the Bow to throw the Quoit or Ring And after these Exercises they bath'd themselves in the Tiber to refresh themselves and to learn to swim In this Place the People beheld the Naumachiae or Sea-fights which were shown there for their Pleasure and Diversion Here also were to be seen the Statues of illustrious Men and a vast Gallery built by Antoninus Pius together with that Pillar 70 Foot high whose Ascent was 106 Steps that were enlightned by 36 Windows Here also was the Obelisk which Augustus fetch'd from Egypt that supported a Sun-dial Moreover in this Place were to be seen the Arch of Domitian the Amphitheatre of the Emperor Claudius the Naumachia of Domitian the Mansoleum of Augustus the Sepulchre of Marcellus his Nephew the Trophies of Marius and a vast Number of Sepulchres and ancient Monuments all along the River-side At one End of this Place there was a little rising Ground call'd Mons Citorius or Citatorum on which the People mounted to give their Votes at Elections Very near to this was the Town-house where Foreign Ambassadors were receiv'd lodg'd and entertain'd at the Charge of the Commonwealth during the Time of their Embassy as Titus Livius relates upon occasion of the Macedonian Ambassadors Macedones deducti extra Vrbem in villam publicam ibique eis locus lautia praebita In this Place also the Censors made the first Assessment and the Enrolment of the People and their Estates in the Year 319. In Cicero's Time C. Capito made a Proposal to build the Campus Martius and inclose it within the City He offer'd to make the Septa or Inclosures into which the People entred one by one to give their Votes of Marble which before were only of Wood But the Civil Wars which fell out unexpectedly hindred the Execution of this great Design CAMPUS FLORAE the Field of Flora a Place consecrated to that Goddess wherein were shown the Games call'd Floralia instituted to her Honour CAMPUS SCELERATUS a Place which was near the Porta Collina where the Vestal Virgins which were lewd Prostitutes were enterr'd alive CAMPUS RIDICULI a Place where Hannibal encamp'd when he besieg'd Rome which he might easily have taken if he had not been frighted with vain Dreams and Fancies which kindred him from continuing the Siege for the Romans perceiving the Siege to be raised and their City by this means to be deliver'd upon this occasion burst out into a very loud Laughter and henceforth erected an Altar to the God of Laughter CANCELLARIUS he who went by this Name in the Roman Empire had neither the Dignity nor the Power of him whom we now call Chancellor in England for he was only a little Officer of very small Esteem among the Romans who sate in a Place shut up with Grates or Bars to write out the Sentences of the Judges and other Judicial Acts very much like our Registers or Deputy-Registers They were paid by the Roll for their Writing as Salmasius has observ'd when he relates a Passage out of the Laws of the Lombards Volumus ut nullus Cancellarius pro ullo judicio aut scripto aliquid amplius accipere audeat nisi dimidiam libram argenti de majoribus scriptis de minoribus autem infra dimidiam libram Doubless this Officer was a very inconsiderable Person since Vopiscus tells us that Numerianus made a very shameful Election when he preferr'd one of these Officers to be Governour of Rome Praefectum Vrbi unum è Cancellariis suis fecit quo â—oedius nec cogitari potuit aliquid nec dici Mons Menage says that this Word comes à Cancellis from the Bars or Lattice within which the Emperor was when he administred Justice because the Chancellor stood at the Door of that Apartment which separated the Prince from the People M. Du Cange following herein the Opinion of Joannes de Janua thinks that this Word comes from Palestine wherein the Tops of Houses were flat and made in the Form of Terrass-walks having Bannisters with cross Bars which were call'd Cancelli and that those who mounted upon these Tops of Houses to repeat an Oration were call'd Cancellarii and that this Name was extended to those who pleaded within the Bars which were call'd Cancelli forenses and that afterwards those were call'd Chancellors who sate in the first Place between these Bars The Register in Sea-Port-Towns i. e. in the Maritime Places in the Levans was also call'd Chancellor CANDELA BRUM a Candlestick The Candlestick of the Temple at Jerusalem which was of Gold which weigh'd 100 Minae i. e. Pounds differ'd from the Candlestick of the Romans in this that the latter had but one Stem with its Foot and one Lamp at top whereas the Candlestick of the Temple of Solomon had seven Branches three on each side and one in the middle together with seventy Lamps as Josephus says Du Choul in the Religion of the ancient Romans has given seven Branches to their Candlestick as Joseph did to that in Solomon's Temple but then he allows to it only seven Lamps whereof that in the middle is greater than the rest and represents the Sun as the six other do the Planets This Candlestick with the Vessels and other Rarities of the Temple at Jerusalem serv'd for Ornaments to the Triumph of Titus and Vespasian after the Sacking of Jerusalem and it was laid up in the Temple of Peace together with the Sacred Vessels of
speak The God of Speech FACTIO Factions distinguished by Colours Gruter in his Inscriptions mentions four chief Factions viz. Russatam the Red Prasinam the Green Venetam the Blue Albatam the White 'T is thought that the Ancients intended thereby to represent the four Seasons of the Year when Nature puts on new Cloaths each Faction or Troop of Horse representing one of the Seasons with his Colour The Green represented the Spring the Red the Summer the Blue the Autumn and the white the Winter covered with Snow and Ice Domitianus says Suetonius added to these four Factions the Gold and the Purple i. e. two new Troops who went by the name of their Colours These Factions in the Games grew sometimes so hot one against the other that they came to Blows Zonoras tells us that at Bizantium in Justinian's time two Factions conceived so factious an emulation one against the other that forty thousand Men of both sides were killed on the spot Caligula took a great fancy for the green Colour and had his Horse Incitatus put among them FALCIDIUS A Roman Tribune Author of the Law called Falcidia so remarkable in the Roman Law This Law was made sometime before the Empire of Augustus during the Triumviratus By the Law Falcidia it was ordered that Men should dispose by their last Will but of the three parts of their Estate and were bound to leave the other fourth part to their lawful Heir And if they transgressed against this Rule the Heir deducted the fourth part of each particular Legacy to make up the Sum adjudged to him by this Law FALERNUM A Country in Campania near Capua abundant in excellent Wine so much commended by Horace and others FAMA Fame Ovid has left us a description of Fame and the Graces that commonly attend her and represents her wonderful Palace surrounded with a thousand reports true or false Mistaque cum veris passim commenta vagantur Millia rumorum Credulity Error false Joys Fears Suspicions and Seditions commonly meet here FAMES Hunger Poets have very ingeniously described Hunger and in particular Ovid who hath left us her Image in the eighth Book of his Metamorphoses under the shape of a tall lean Woman with a dreadful Countenance and hollow Eyes her Body transparent out of leanness lying upon the ground and feeding upon Grass Virgil places her abode at the entry of Hell with Griefs Tears Diseases and Old Age. Luctus ultrices posuere cubilia Curae Pallentesque habitant Morbi tristisque Senectus Et malè-suada Fames FANNIUS A Roman Consul Author of the Law Fannia whereby the charges of publick and private Feasts were fixed and Excesses and Superfluities forbid FANA Temples consecrated by the Pontiffs pronouncing certain words Fantur FANUS A God of the Heathens protecting Travellers accounted also the God of the Year The Phaenicians represented him says Macrobous under the Figure of a Snake with his Tail in his Mouth FARONIA See Feronia FASCES These Fasces were Axes fastned to a long Staff tied together with a bundle of Rods which the Officers called Lictors carried before the great Roman Magistrates Romulus was the first who instituted Fasces to inspire a greater respect and fear in the mind of the People and to punish Malefactors J. Lictor expedi virgas When the Magistrates who by right had these Axes carried before them had a mind to shew some deference for the People or some person of a singular merit they sent back the Lictors or bid them to lower the Fasces before them which was called submittere Fasces For that same reason the Consul Publicola a great Politician being ready to make a Speech to the Roman People sent back his Lictors Fasces says Livy Majestati populi Romani submisit And Pompey the Great coming into the House of Possidonius the Philosopher when he was at the Door sent back the Lictors in honour of Possidonius's Learning FASCINUM A Man's Yard At the Wedding the Bride sat upon the Knees of a naked Priapus to prevent by that Ceremony charming and bewitching FASTI The Roman Calendar wherein all days of Feasts Games and Ceremonies were mark'd The six last Books of the Fasti of Ovid are lost See Calendarium Fasti were also Table-Books whereupon they wrote the Names of the Consuls and the most memorable things that were transacted in the Commonwealth The Consuls gave also some small Pocket-books of Silver or Ivory wherein their Names were written as Sidonius Apollinaris says speaking of the Consulship of Asterius datique fasti FASTIDIES During these days the Romans were allowed to sue at Law and the Praetor to pronounce these three words Do Dico Abdico FATUA See Fauna FATUM Fate Destiny It was represented as of a Goddess treading upon the Globe of the World because all that is contain'd in it is submitted to her Laws She holds in her hand a Vessel or the fatal Urn wherein as Poets say all the names of mortal men were deposited The Heathens complained in their Epitaphs of the malice envy and cruelty of the Fates that were inflexible and could not be moved with tears It can't be objected that the Latin word Fatum is not of the feminine gender and therefore the Destiny should not be represented by the figure of a Goddess for we see that many Divinities as Venus the Moon and Bacchus were accounted both male and female And this seems to have been taken from the opinion of the Stoicks who maintain'd that the Gods were of both Sexes And the Greeks themselves who were Authors of the Roman Superstitions called Destiny by a feminine name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as we learn of Phurnutus in his book of the nature of the Gods Destiny says he is that which disposes and rules all things according to the order of an eternal principle There is a Golden Medal of Dioclesian ingraven in Pignorius's observations upon the Images of the Gods where the Destinies are represented on the reverse thereof by the figures of three women Procopius tells us that the Temple of Janus was built at Rome in the Market-place near the three Destinies called by the Romans Parcae This Writer like Apuleius confounds the Parcae with the Destinies The Ancients reckoned the Fates to be three in number because said they all things that are under Heaven have their beginning progress and end Wherefore these same Fates are represented by three different female terms i. e. by three Women represented only with half-bodies like the terms as we may see by the following Inscription FATIS Q. FABIUS NISUS EX VOTO For the terms were the Gods of bounds and the Fates sets bounds to our Life and put an end to all our undertakings Lucan in many places of his Books has confounded Fortune with Fate Ovid introduces Jupiter speaking to Venus and telling her that 't is to no purpose to attempt to break the decrees of the three Parcaes which are immutable and eternal and rule all things that are done Sola
made him spin and beat him with her Distaff and after all his great Atchievements he put an end to his Life on Mouut Oeta for having put on the Garment of Nessus the Centaur which Dejanira his Wife had sent him by Lycas the malignity of Nessus's blood which was a strong Poyson put him into so violent a rage that he cast himself into a burning pile of wood and there was consumed HERCULES the LIBYAN or HORUS Several Illustrious Men went by the name of Hercules yet amongst them there were three very famous two whereof signaliz'd themselves in Italy viz. Hercules the Libyan and Hercules of Greece the Son of Alomena and Jupiter whom we have lately mention'd Horus or Hercules the Libyan the Son of Osiris and Isis as Berusus and Natalis Comes tells us applied himself to deliver Men from oppression and injustice To that purpose he went into Libya where he put Antaeus to death from Lybia he passed over into Spain where he killed Geryon the Tyrant and from Spain he came into Italy where he reigned thirty years Herodotus reports that he was the last of the Gods and says that he reigned twelve hundred years wherefore Diodorus Siculus tells us that the Egyptians reckon'd their years by the course of the Moon and that their years are like our months HERCULES GALLICUS or OGMIUS The Gauls draw him with a white Beard bald wrinkled and tawny like old Marriners or rather like Charon himself or Japetus who is reckon'd the most ancient of Men. In short to see him you would take him for any thing rather than Hercules tho he wears the same Ensign viz. a Lion's skin a Massy-Club with a Bow bent in his left hand and a Quiver at his back I thought at first says Lucian they did it out of mockery or out of revenge for the incursions he made into their Country in his Expedition of Spain But I have not yet told you of the greatest mystery of the Picture which is that he held enchain'd by the ears an infinite number of People who are ty'd to his Tongue by small twists or wires of Gold as by so many chains and follow him willingly without struggling or hanging back insomuch that a Man would say they delighted in Captivity As I was wondering with some Indignation at this spectacle a Doctor of that Country who spoke very good Greek told me he would unriddle me the mystery that was contained under that Aenigma and begun in the manner following We do not with the Greeks believe that Mercury is the Symbol or rather the God of Eloquence as he is stil'd but rather Hercules who is much more powerful and our opinion is that he affected all that we admire not by the strength of his Arm but by that of his Reason Wherefore we paint him under the figure of an old Man because Reason is not accomplish'd until that Age. This God holds all Mankind tied by the Ears which is the effects of Ratiocination and his Tongue to which they are fasten'd is the Instrument of their Captivity His Darts are the force of his Reasons being feather'd because that words are wing'd as Homer calls them Many Temples and Altars were erected to Hercules the Gaulish at Tyrus in Spain and at Rome and one of these Altars was called Aramaxima because of the great quantity of Stones employed in the building thereof whereon they took solemn Oaths and offered the tenth part of the Booty And a Merchant whom Hercules had rescued from the Hands of Pirates built him a Temple of a round figure under the Title of Deo Herculi Invicto 'T is reported that neither Flies nor Dogs entered into this Temple because he had driven away Myagros the God of Flies and had left his Massy-Club at the entrance of this Temple Hercules was represented stark naked except the Lion's skin which cover'd his Body or twisted about his Arm and holding with one hand his Massy-Club He is yet expressed by a figure holding three Golden Apples in his right hand and his Club in the left And a great brass Figure of Hercules holding an Apple in his hand was lately found at Rome in the Market for Oxen. The Poplar-tree was dedicated to him as Virgil says Populus Alcidae gratissima and Phaedrus populus Herculi wherefore his Figure is yet visible on a Greek Medal crowned with Branches of Poplar-tree and a Lion's skin about his neck The Emperor Commodus slighted the sirname of his Family and instead of Commodus Son to Marcus Aurelius took the name of Hercules the Son of Jupiter and leaving off the Imperial Badges he put on a Lion's skin and wore a Massy-Club the badges of Hercules and appeared publickly in this dress And yet not contented with it he order'd that Coins of Gold Silver and Brass should be stamp'd with his Effigies on one side crown'd with a Lion's skin and on the other side a Massy-Club a Bow a Quiver and Arrows with this Inscription Herculi Romano Invicto and when he wrote to the Senate he stiled himself Romanus Hercules and had the Massy-Club and the Lion's skin carried before him in his Travels HERE 's An Heir one who succeeds to Lands or Estate either by right of Family or by a last Will. The Roman Laws established three kinds of Heirs The necessary Heirs were the Slaves made Heirs by their Masters who freed them and are called necessary because being appointed by their Masters they were forced to accept of his Will and were not allowed to quit the Inheritance tho' it was very much incumber'd with Debts and subject to great charges The other kind of Heirs called Sui and Necessarij were the Children who were in the power of the deceased Person in the time of his death and were called necessarij because willing or unwilling they are Heirs and Sui because they are the Testator's own and proper Domesticks and the owners of the Lands and Estates of their Parents The third kind of Heirs were Strangers viz. those who were neither Children nor Slaves to the deceased person and these were voluntary Heirs for they were free to accept or quit what was left them As for the former who were the Slaves of the Testator they are freed and Heirs by the only benefit of the law without any other act of acceptation and are not admitted to refuse the Will On the contrary they are bound to pay all the Debts even out of the Estate or Goods that they had purchas'd since they had obtain'd their freedom unless the Praetor granted them a benefit of separation And the Children who were under the deceased person's authority in the time of his death they were like Slaves as to the necessity of accepting the Inheritance being necessary Heirs to their Parents and after the death of their Father the Inheritance was rather a continuation of Patrimony than a new purchase The third kind of Heirs called Strangers who were neither Slaves nor Children to the dead
to build Towns and create Magistrates has also taught them to make Laws and assume to themselves a private and particular right to be the tye and rule of their Societies and this is called the Civil Law i. e. the Law of the City or Countrey The Civil Law which is now taught in Schools is a body composed of Roman Laws viz. a Collection of the Law received introduced and observed in the City of Rome and all the extent of the Roman Empire during the space of more then twelve hundred years during which time the Roman people who seem'd born to command not only made a considerable Progress by their Valour towards the general Empire of the Universe but also carefully and diligently inquired after the best methods and rules to govern themselves and their Subjects with Justice and Equity and render to every particular Man what was due to him keeping withal all Men in their Duty And to succeed in their design not being satisfied with their own they lent to Greece then flourishing in all kinds of Learning to inquire after their Laws Wherefore the Body of the Roman Law is not the work of a man only nor of some few Years but the work of many Nations and Ages together brought to perfection by a long and laborious Observation of humane affairs that the greatest wits of that flourishing State fully instructed by the exercise of inferiour Magistrates and from thence raised to the highest Offices of the Empire have collected and reduced under certain Principles and general Maxims of which it was formed and perfected And because so many Men having put their hand to this work the number of Volumes were grown almost infinite Justinian the Emperour gave order to Trebonianus his Chancellor and some other great Lawyers of his Age to reduce it to a perfect Body which they divided into three Volumes which are remaining still viz. Pandectae or Digests the Code and Institutes as we may see in the Preface of the Institutions of Justinian and by the title of the Code de veteri jure enucleando The Digests contain the Opinions and Resolutions of antient Lawyers The Code is composed of the Constitutions and Rescripts of the Emperours since Adrian to Justinian The Institutes is an excellent Abridgment of all that is contained in the two former Volumes i. e. an Abridgment of the Roman Law To these three Volumes they have since added the Constitutions of Justinian called Novellae or Authenticae which altho' they are not contained in the body of the Law collected and published by the order of Justinian yet they have obtained such an Authority that tho' they were published last by Justinian's order yet they have exceeded the former in many things And this Work was so excellent that even after the ruine of the Roman Empire the best polited Nations in the World make still use thereof to decide all their differences The Civil Law is twofold the written and the unwritten The written Law is that which being collected into Writing is published in a manner usual to each state In the Roman Dominions there were six kinds of this written Law called by several names viz. Lex Senatur Consulta Plebiscita Principum Placita Magistratuum Edicta Responsa Prudentium These several Definitions are related by Justinian in the 2. Cap. of his first Book The unwritten Law is that which has introduced it self by Practice and Tacit consent of them who use it and this is called Custom These two several kinds of Laws are much in request in France for they have there the Edicts and Ordinances of their Kings for a Written Law and as for Custom there is almost no Province but has Laws called customs particular to themselves The Canon Law is nothing else but a collection of Ecclesiastical rules definitions and constitutions taken out of the antient General and Provincial Councils the writings and resolutions of the Fathers of the Church and constitutions and rescripts of the Popes whereby are decided all controversies of the Ecclesiastical State not only concerning the administration of Sacraments management of the Estates and regulating of Clergymen but also in what concerns the Laity and Secular men in Spiritual matters and this Law which was lately collected and composed on the Model of the Civil Law is contained and reduced into three Volumes the first whereof is called the Decree of Gratian composed of the ancient Canons or rules taken from the ancient Councils and Writings of the Fathers The Second is called the Decretals containing the Decretal Epistles i. e. the constitutions or rescripts of the Popes chiefly since Alexander III. till Gregory IX by whose authority it was compiled and some Chapters taken out of the Epistles of Pope Gregory and some other Antients The last volume is called Sextum containing the rescripts of the Popes since Gregory IX till Bonifacius VIII by whose authority it was collected but this volume is hardly received in France because of the difference between Bonifacius and Philip called le Bel King of France and for many things inserted therein contrary to the liberties of the Gallican Church At the end of this volume are added the Clementina which are the constitution of Clement V. decreed in the Councel of Vienna and some rescripts of John XXII and other Popes commonly called extravagantes because they are out of the Body of the Canon-law composed in three volumes JUSTITIA Justice A Goddess called by the Ancients Astraea Daughter of Jupiter and Themis She is reprenseted by the figure of a naked and blindfolded Virgin holding an even ballance with one hand and a naked Sword with the other to shew that Justice has no regard to persons and punishes and rewards equally Hesiod says that Justice the Daughter of Jupiter is tied to his Throne in Heaven and demands revenge of him every time that her Laws are violated whereupon a long Succession of calamities is poured upon Nations who are punished for the Crimes of Kings and great men Aratus in his Phaenomena gives us still a finer description of the Goddess Justice who during the Golden Age was conversant night and day on the earth amongst People of all sorts of Age Sex and Condition teaching her Law During the Silver Age she appeared only in the night and in secret reproaching men with their unlawful ways but in the Iron Age she was forced to quit the Earth and retire into Heaven because of the multitude and enormity of Crimes JUTURNA A Fountain in Latium disimboguing itself into the River Numicius The Fable tells us that she was Daughter of Danaus and Sister to Tutnus King of the Rutnll whom Jupiter loved and enjoyed she assisted her Brother against Aenaeas but having perceived that the Fates were averse to him out of despair she cast herself headlong into the River Numicius Ovid in the 6th Book of his Fasti speaks of the Temple of Juturna the Sister of Turnus so often mentioned by Virgil in his Aeneids
place This was done cociii after the Foundation of Rome And the following year something being yet wanting for the perfection of the Roman Law the Decemviri added still two other Brass Tables to the ten before mentioned which made up the number of twelve Dionysius Halicarnassaeus Livy and Plutarch speak at large of these Laws and may be consulted thereupon by those who would have a full knowledge of them Finally Tully prefers these Laws to all the libraries in the World l. 1. de Orat. Est in duodecim Tabulis Antiquitatis Effigies quod verborum prisca vetustas cognoscitur actionum genera quaedam Majorum consuetudinem vitamque declarant Sive quis civilem scientiam contempletur totam hanc descriptis omnibus civitatis utilitatibus ac partibus duodecim Tabulis contineri videbitis Sive quem ista praepotens Gloriasa Philosophia delectat dicant audacius hosce habet fontes omnium disputationum suarum qui jure civili legibuâ—â—continentur Bibliothecas mehercle omnium Philosophorum unus mihi videtur xii Tabularum libellas si quis legum fontes capita videret auctoritatis pondere utilitatis ubertate superare These Laws were lost by the misfortune of time there remains only some fragments thereof dispersed in the Books of several Authors which we will insert here for the Reader 's sake PRAECO fonus endeicito quom fonus ecfertor nei encorumitiato That the publick Cryer invite to the Funerals and during the time of the Burial let no Assembly meet Fonus instead of funus endeicito instead of indicito quom instead of quum ecfertor instead of est efferendum nei instead of ne encomitiato instead of ito in comitium These were the words used by the publick Cryer when he invited the People to the Funerals of the Great Men of Rome OLLUS QUIRIS LETO DATUS EST or L. TITIUS VIXIT L. TITIO EXEQUIAS IRE CUEI COMMODUM EST JAM TEMPUS EST OLLUS EFFERTUR Lucius Titius is dead those who have time to come to his Burial 't is time they are carrying the Corps out of the House MOLIERES fa cium nei carpunto neive cenat radunto lesum foneris nec habento These three fragments are found in several Writers This law ordered the mourning and prescribed bounds to grief Molieres is here written instead of mulieres nei instead of ne conas instead of genas This law forbids Women to tear their faces and make lamentions Tully assures us l. 2. Tuscul that this law was made by Solon and collected by the Decemviri Postea quà m ut scribit Phalereus sumptuosa fieri funera lamentabilia coepissent Solonis lege sublata sunt quam legem iisdem propè verbis nostri Decemviri in decimam tabulam conjecerunt ENDO fonere tribos ricinieis ricâ porporeâ decemque tibicinebos vetier liceto hoc plous nei facito Endi instead of in fonere instead of funere tribos ricineis instead of tribus ricinieis porporeâ instead of purpureâ tibicinebos instead of tibicinibus vetier instead of utier It was ordained by this Law that Women should be dressed with three Gowns of purple colour and that only ten Pipers should be employ'd in Funeral Pomps SERVALIS unctura circumpot atioque quom fonus exsequiantor neive respersio fuat acerras sepolchris aut longas koronas nei endepâ—nito This Law forbad to anoint the Corps of Slaves and make a Funeral Feast at their Burials and effusions of Wine or Crown their Graves with Garlands or burn Frankinsence Servalis instead of Servilis quom instead of cùm fonus instead of funus exsequiantor instend of exsequius ire nei instead of ne fuat instead of fiat sepolcris instead of sepulcris koronas instead of coronus endeponito instead of imponito MURINAM mertuo nei endito That they should not make use of that excellent drink at Funerals Writers don't agree about the composition of that artificial Drink but all unanimously say that it was very chargeable Wherefore the Decemviri who intended to lessen the great Charges of Persons of Quality's Funerals forbad the use thereof PLUSA fonera unei nei facito neive pluses lectos endoserto It was not allowed to have many Beds carried in Funeral Pomps Notwithstanding Augustus honoured Marcellus's Funeral with six hundred Beds and there were six thousand reckoned at the Funeral of Sylla This was accounted a great honour As for the common People their Corps were only carried in Coffins Plusa instead of plura fonera instead of funera unei instead of uni pluses instead of plures endoserto instead of inserto AUSUM in fonere nei addito ast quoi auso denteis vinctei sieut im cum ole sepelire urereve se fraude liceto Ausum instead of aurum ast instead of at quoi instead of cui auso instead of auro denteis instead of dentes vinctei instead of vincti ole instead of illo It was forbidden to burn Gold with the Corps of the dead unless his teeth were tied with golden Thread For in this case it was not lawful to burn it with the Corps ROGUM asciâ nei poleito That the pile of Wood should not be of polished Wood but of Wood as it grows HONORATORUM virorum laudes endo conscione memorantor easque naeniae ad tibicinem prosequantor That the Funeral Speech of Illustrious Persons should be made in publick and that lamentations should be sung at the sound of Musical Instruments P. Valerius Publicola was the first who made publickly the Funeral Speech of Junius Brutus his Colleague in the Consulat This custom was afterwards followed by others during the Commonwealth and in the time of the Emperors DOMINUS foneris endo ludeis Accenso Lictorebosque actitor Endo instead of in ludeis instead of ludis Lictorebosque instead of Lictoribusque octitor instead of utitor That the President of the Funerals should make use of the Officers Accensi and Lictores in the Games Dominus ludorum the Master of the Games whom Augustus first named according to Quintilian Munerarius This custom of representing Games to honour the Funerals of great Men is very ancient since Homer and Virgil make mention thereof These Games were solemnized with Fights of Gladiators or Horse-races HOMINI mortuo osa nei lecito quo post fonus faciat extra quam sei quis foris militiaeque mortuos siet This Law is mentioned by Tully l. 11. de Legib. HOMINI inquit mortuo ossa ne legito quo post funus faciat excipit bellicam peregrinamque mortem And afterward he explains this Law Ut posteaquam corpus crematam esset ossa à cineribus legantur statimque loco proximo in terram condantur ne si alium in locum sepeliendi causâ deportarentur luctus duplicaretur sumtus left they would renew the Mourning and Charges Those who died in the Wars or foreign Countries whose Bones were brought to Rome to be laid in the Sepulchre of their
Deoerviri attempted to breed divisions between the Nobility and the Populace and by that means render their Magistracy perpetual SEI VIR aut molier alter alterei nontiom miseit devortium ested molier res souas sibei habetod vir molierei claves adimitod exicitoque Sei for si molier for mulier alterei for alteri nontiem miseit for nuntium misit devortiem for divortium estod for esto sonas for suas sibei for sibi habetod for habeto molierei for mulieri adimitod for adimito exicitoque for exigitoque Divorces were not known to the ancient Romans before the Law of the twelve Tables neither do we find it to have been put in practice till one and twenty years after the Law made by Spurius Carvilius Ruga who put away his Wife because of her barrenness in the Year of Rome DXXIII when M. Pomponius Matho and C. Papyrius Maso were Consuls for which Valerius blames him in that he preferred the desire of having Children before his Conjugal Affection This was afterwards observed in the Roman Empire not only during the time of Paganism and the ancient Oeconomy but also under the first Christian Emperors and continued to and even after the Reign of Justinian and this was so certain and looked upon to be so reasonable that the parties concerned were not allowed to divest themselves of that liberty by a penal agreement but must be content to undergo the penalties which the Law prescribed in respect to the person that was the cause of an unjust Divorce The Divorce was made by a mutual consent of the parties which they called Bona Gratia and in this case the same depended wholly upon the Parties agreeting to discharge each other of their Nuptial Rights and to advance themselves as they thought good or else by the sole motion and obstinacy of the one against the inclination of the other and if there were no lawful cause for it he who sued was liable to the penalty of injusti dissidii but if there were just cause for it then the Husband restored her Fortune to his Wife took the Keys of his House from her and sent her away as Cicero tells us frugi factus est mimam illam suam suas res sibi habere jussit ex duodecim Tabulis claves ademit exegit SEI QUIS injuriam altâ—rei fault xxv aris panae sunto If any man wrongs another he shall pay him XXV As's in brass Money The word Injuria injury in the Roman Law comprehended every thing a Man did in prejudice to his Neighbour An injury was done three ways by action when one Man had received more blows and wounds in his body than the other by words when one spoke words of another that touch his Reputation and Honour and by writing defamatory Libels and Verses The first sort of injury was variously punish'd by the Roman Law for if it proceeded so far as to break a Member the Laws of the twelve Tables allowed the maimed person to take satisfaction himself by laying the same punishment upon the other that is to maim him or break the same bone and this they called Talio for the punishment was and ought to be equal to the wrong and when there was nothing broke but only a blow of buffet given with the Fist he was only to pay five and twenty Ai's As to Wrongs done and Satyrs made upon the Great Men of Rome they were punished by a pecuniary mulct or banishment and sometimes by death it self as St Augustin relates from Cicero l. 4. De Repub. Our Laws of the twelve Tables are very contrary to that for tho' they are very tender in the point of punishing Offenders with death yet they enjoyn it in respect to those who blast the Reputation of another by Verses or injurious Representations for which there is great reason for our lives ought to be liable to the lawful censures of the Magistrates and not to the unbridled liberty of Poets and we ought not to be allowed to speak ill of any one but upon condition that we are able to answer it and vindicate our selves by Law QUEI cum telo hominis occidendi conâ—a deprehensos fouerit kapital estod He who is found ready to kill another with an Arrow ought to be punish'd with death Wilful murther was always punish'd most severely by the Ancients and this punishment according to the vigour of the Law was not only inflicted when death ensued but also when a person was bent upon the execution of an ill design which he could not accomplish and so that person was punished who armed waited for or set upon any one with a design to kill him tho' he in reality should escape So also he that gave another poyson who bought sold and prepared it tho' it wrought not the effect was punished in the same manner as a murtherer QUEI nox fortum faxsit sei im aliquips occisit joure caeses ested Sei loucoi fortom faxsit tâ—lâ—ve se tefenderit sei im aliquips cum clamore occisit joure caefos estod Sei loucei fortom faxsit utque telo se defenderit sei leber siet Praetor im vorberarier joubetod eique quoi fortom factum esit addeicito Sei servos siet virgis caesos ex saxo deicitor sei impobes siet Praetoris arbitratu verberatos noxsiam sarceito It was lawful to kill him that stole any thing by night and if it was day and that the Thief stood armed upon his defence it was also lawful to kill him but if he did not so defend himself and got away the Praetor sentenced him only to be whipped but if he was a Slave they were after he had been first whipped to throw him down head-long over the Tarpâ—ian Rocks If the Thief was not yet at age he was to be whipped and be sentenced to such Damages as the Praetor pleased QUEI falsum testimonium dixserit ex saxo dicitor That he who bore false Witness against any one should be thrown down head-long over the Tarpeian Rock This Law agrees with the Eighth Commandment which God gave his people Falsum Testimonium non dices Plato and other Greek Philosophers had undoubtedly read the Books of Moses wherein the Decalogue is set down and took the greatest part of their Laws from thence which the Decemviri compiled I shall not in this place set down several Fragments of the Laws of the twelve Tables concerning the way of judging and ordering an Accusation which will be found under the word Accusatio jus judicium No more than those which refer to the Assemblies of the people of Rome by Tribes Centuries Curiae which will be found under the word Comitia But now we come to speak of the particular Laws of the Romans and their Emperours LEX SULPITIA The Sulpitian law made by the Consuls P. Sulpitius Samurius and P. Sempronius Sophius in the year of Republick ccccl. NESCILICET quis templum vel aram lajussu Senatus aut Tribunorum
Danae But she refusing to agree to his love and yield herself up to his passion he resolv'd at last to force her and the better to cover his Design he remov'd her Son Perseus a great way off and sent him to the Garganes with an Order to bring back to him the Head of Medusa that he might make a Present of it to his Mistress Hippodamia hoping that Perseus would be kill'd in this Enterprize and then he should be in a condition to prevail with his Mother to condescend to his Desires But things fell out quite otherwise than he imagin'd for Perseus by good luck return'd safe from this Expedition brought back the Head of Medusa and was married in his Voyage to Andromeda whom he deliver'd from the Sea-Monster which was just ready to devour her He returning to Argos with his new-married Spouse to present her before Acrisius his Grandfather found him celebrating Funeral-Games whereupon he having a mind to exercise himself with throwing a Bar of Iron it happen'd unluckily that the Bar hit against Acrisius's his Leg and gave him a Wound whereof he died in some days after and thus the Oracle was fulfill'd ACROBATES a sort of Dancers upon the Rope We learn from Boulanger in his Treatise of Dancers on the Rope that there were Four sorts of 'em The First were those who vaulted about a Rope as a Wheel turns about its Axeltree and hang'd upon it by the Feet or the Neck Nicephorus Gregora says that in his time these Dancers vaulting about a Rope were to be seen at Constantinople The Second sort of them were those who flew from a high place down to the ground upon a Rope which supported their Breast their Arms and Legs being extended Of these Manilius Nicetas and Vopiscus speak in the Life of Carinus The Third sort were those who are mention'd by the same Manilius who run upon a sloping Rope or came down it from a higher to a lower place The Fourth sort were those who not only walk'd upon a distended Rope but jump'd high and cut Capers upon it as a Dancer would do upon the ground at the sound of a Flute And of this kind Symposius is to be understood ACROSTOLIUM a kind of Ornament for a Ship made in the form of a Hook which was plac'd at the end of the Stem or Stern To these may be compar'd those polish'd and sharp pieces of Iron resembling the Neck of a Duck which the Venetians use at the Stem of their Gondoles It may also be that Ornament of a Stern which they call'd Anserculus a little Goose whereof Bayfius gives us the Figure like the Head of a Goose ACROTERIA 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the extremities of any thing This word in Greek signifies generally any extreme part such as are in Animals the Nose the Ears and the Fingers and in Buildings the Turrets or Battlements of Houses and the little Pedestals on which Statues were plac'd and which were scituate at the middle and the two Extremities of a Frontispiece or the Statues of Earth or Copper which were plac'd on the top of Temples to adorn 'em in Ships this word signifies the Beaks which are call'd Rostra they are also Promontories or high places which are seen afar off at Sea ACTA which has in the Genitive Actae Cicero and Virgil use this word speaking of a Meadow pleasant for its greenness and Vossius thinks that it must only be us'd in speaking of Sicily as these two Authors did ACTA PUBLICA the Records or publick Registers wherein were written what concern'd publick Affairs to preserve the Memory of ' em ACTA DIURNA a Diurnal wherein is set down what passes every day ACTA CONSISTORII the Edicts the Declarations of the Council of State of the Emperors which were express'd in these Terms IMPERAT DIOCLESIANUS ET MAXIMIANUS A. A. IN CONSISTORIO DIXERUNT DECURIONUM FILII NON DEBENT BESTIIS OBJICI The August Emperors Dioclesian and Maximian in Council declar'd That the Children of the Decurions ought not to be expos'd to wild Beasts in the Amphitheatre The Senate and Soldiers swore often either through Flattery or by Compulsion upon the Edicts of the Emperors Tacitus tells us that Nero raz'd the Name of Apidius Meru'a out of the Register of the Senators because he would not swear upon the Acts of the Emperor Augustus ACTEIUS one of the six envious and malign Demons whom the Greeks call Telchines who bewitch Men out of their sense and of whom fabulous Antiquity would make us believe that they sprinkle the Earth with the infernal Stygian Water from whence arose Pestilence Famin and other publick Calamities ACTAEON the Son of Aristeus and Autonoe the Daughter of Cadmus who was brought up in the School of Chiron the Centaur He was a great lover of Hunting and continually follow'd this Sport One day as he was pursuing a Hart he spy'd Diana bathing her self with her Nymphs But the Goddess enrag'd to be seen in that condition threw Water upon him which chang'd him into a Hart and afterwards he was torn in pieces by his own Dogs Pausanias mentions a Fountain of Acteon near Megara on the side whereof the Hunter was wont often to repose himself when he was tyred with the Chase and there it was that he saw Diana bathing her self Plutarch mentions another Acteon the Son of Mclistus a Corinthian who was carryed away by force and whom his Friends tore in pieces while they endeavour'd to recover him out of the hands of his Kidnappers ACTIACA VICTORIA the Actiat Victory which Augustus obtain'd over Mark Antony near the Promontory and City of Actium This Prince to perpetuate the Memory of that Victory to Posterity built the City Nicopolis i. e. the City of Victory he adorn'd with great Magnificence the old Temple of Apollo wherein he dedicated the Beaks or Rostra of the Enemies Ships he increas'd also the Pomp of the solemn Games call'd Ludi Actiaci which were celebrated every fifth Year in Honor of this God after the manner of the Olympic Games Stephans would have 'em observ'd every Third Year and thinks they consisted of a Race by Sea and Land and Wrestling ACTIUM a City and Promontory of Epirus a place famous for the Defeat of Antony and all the Forces of the East by Caesar-Augustus who built there a new City call'd Nicopolis i. e. the City of Victory ACTIO in the Law an Action in a Court of Justice a Process entred either by the Prosecutor or the Defendant There were many Formalities observ'd in judicial Actions that were commenc'd against any Person First A Petition must be presented to the Judg to have leave to bring the Person before him The Judg answer'd this Petition by writing at the bottom of it Actionem do I give leave to bring him On the contrary he wrote Actionem non do when he deny'd the Petition All Actions especially Civil and Pecuniary commenc'd after the Petition was presented by a Citation or
summoning the Party which is call'd in Law Vocatio in jus and in jus vocare This was antiently done vivâ vote by the Party himself who meeting him against whom he intended to bring his Action declared his Intention to him and commanded him immediately to go before a Magistrate and make his Defence if he would not go willingly he might force and drag him along against his will unless he gave Security to appear at a day agreed upon but if he fail'd to appear at the day appointed then the Plaintiff whensoever he met him might take him along with him by force calling any By-standers to bear witness by asking them Vis antestari who presently turn'd their Ear towards him in token of their Consent to do it This Horace expresses in these Verses in his Satyr against the Impertinent lib. 1. Satyr 9. Casu venit obvius illi Adversarius Et quò tu turpissimè magnâ Exclamat voce Et licet antestari Ego verò Oppone auriculam rapit in jus clamer utrinque By chance says Horace he meets his Adversary and crys to him with a loud voice Whither art thou flying thou infamous Fellow and then addressing himself to me he prays me to bear witness whereupon I turn my Ear to him and then he seizes upon the Party and drags him before a Court of Justice with a great Noise on both sides The Verses preceding these discover that he had fail'd to appear at the day and hour appointed by the Citation But because this kind of Proceeding was attended with some sort of Outrage and Violence therefore Persons of Honour who were advanced to any Dignity were not thus to be summoned into Court without desiring express leave of the Magistrate by a Petition as we have remarked before Afterwards this manner of proceeding was changed and that other introduced of summoning the Party by a Sergeant and a Writ per Libellum which they call in Law Libellum Conventionis a Writ of Summons This Writ was to contain the Pretensions of the Prosecutor that the other Party being made acquainted with them might either resolve to satisfie them or else come prepar'd to defend himself And so the Summons was to express the Cause of Action i. e. to contain the Complaint of the Prosecutor which they called edere Actionem ACTOR upon the Theatre an Actor one who acts a Part and represents some Person in a Tragedy or Comedy In former times many Regulations were made about their Salary and for punishing those who indulg'd themselves in too great a Liberty The chief of them as Tacitus says were these That a Senator could not visit them at their Houses nor a Roman Knight walk with them in the Street That they could not act but upon a publick Theatre The Senate had a mind to give the Praetor a Power of chastising the Actors with Rods But Haterius Agrippa the Tribune of the People oppos'd it and by his Opposition gain'd the point because Augustus had declar'd the Actors exempt from whipping and Tibarius would not violate his Orders ACTOR in the Law He who has an Action against another he who prosecutes another in a Court of Judicature ACTOR the Name of one of Hercules's Companions in the War against the Amazons He was married to the Nymph Aegina the Mistress of Jupiter by whom he had Menetius who was the Father of Patroclus who from thence was call'd Actorides ACTUARIOLUM and ACTUARIUM NAVIGIUM a Brigantine a little Vessel at Sea very light for sailing or rowing ACTUARIUS a Notary or Scribe who in former times wrote very swiftly at the Bar the Pleadings of the Advocates and for that end used Cyphers or single Letters or certain Abbreviations to signifie a whole word ACTUARII PALI Stakes which were set up in a piece of Ground of twenty six feet which was the Length of one of the sides of the Measure for Land which the Latins call'd Actus quadratus ACTUMEST a Phrase antiently used in the Comick Poets 'T is done there is no Remedy ACTUMNE AGAS 'T is done withal it cannot be helpt ACTUM AGIS 'T is lost labour this is to begin a thing after 't is done withal ACTUS a piece of Ground of 120 feet There were three sorts of this Measure Actus minimus the least which contained 120 feet in Length and four only in Breadth the second which they call Actus quadratus a Square had 120 feet every way and the third was a double Square being 240 feet long and 120 broad which made an Acre of Ground or as much as a Yoke of Oxen could plough in a day ACTUS an Act the name of certain Divisions which are made in Dramatic Poems to give some Respite to the Actors and Spectators Comedies sometimes consisted of three Acts but generally of five ADAD the Worship which was given to Adad i. e. to the Sun was easily transfer'd to Adad the King of Syria and the Founder of many Temples dedicated to the Sun in the City of Damas as Josephus tells us Some think that the Prophet Isaiah speaks of this Worship of the Sun under the name of Achad for the Hebrew word Achad is the same with the Chaldee Adad and it signifies unicus i. e. One only which agrees to the Sun ADDICERE a Term of the Roman Law to adjudge a piece of Land or an Inheritance to any person Licetur Aebutius deterrentur emptores partim gratiâ partim pretio fundus addicitur Aebutio Aebutius bid money the Buyers were hindred by Favour and Money whereupon the Land was adjudg'd to Aebutius for the Price he had offer'd The Custom was then as it is at this day not to adjudge a piece of Land to any Person upon the first Offers that are made but to prescribe a certain time for admitting Buyers to come in which being expir'd the thing was adjudg'd for the Price that was offer'd And upon this account 't is commonly said at this day T is adjudg'd saving the eighth or fifteenth day i. e. provided that in eight or fifteen days no more is offer'd Ille fundus centumque esto tibi emptus si quis intra Calendas Januarias proximas meliorem conditionem non fecerit quo res à domino abeat This Land shall be yours for an hundred Crowns provided another do not give more for it before the first day of January ADDICERE an Augural Term to approve to authorize an Enterprize After the Augurs had consulted the Will of the Gods by the Flying of Birds if the Signs were favourable they answer'd thus Id addicunt aves the Gods favour this Enterprize Cùm omnium Sacellorum exaugurationes admitterent aves in Termini fano non addixere The Birds having approv'd the Prophanation of all the other Temples did not approve of this Prophanation in the Chappel of the God Terminus ADDICTIO a Judgment for delivering the Goods of the Debtor into the hands of his Creditor when he had not satisfied him