If J? ^ . 9Say)na . ) ^(^■h^^ 533. KEMETT B. "Romae Antiquae Notitia; or the Antiquities of Rome" on temples, coins, religion and moral- ityj sacrificesj etCo l869o illus, v;ith copper plates of sacrifices, the circus, etc, full calf, hinges strained, ^_ *^( Csteiidunt Lern^ aium twUum^icUaSuprcmu< luncjaltcm cLCcurnuUm dcnuf, etjitn^ar inani. MuncrtL . RomiS Antiques Notitia : OR, THE A N T I q^U TIES R O M E. IN TWO PARTS. I. A Short H I S T O R Y of the Rife, Progrefs, and Decay of the Commonwealth. II. A Defcri'tion of the C I T Y : An Account of the Raligion, Civil Government, and Art of War ; with the Remai kable Ctt/ioms and Ceremonies, Publick anc Frivate. With Copper CUTS of the Frificipal Buildings, &c. To which are prefixed Two ESS ATS ^ ronccrr.irig the Roman Learning, and the Roman Education. By B A ^IL KENN Etr, of C. C. C. 0-on, Ne dfifmat ufi^uam Tecum Graia loqui, tecum Romana Vetuflas, Claudian. The Fourteenth Edition, Correfted and Improved, L O N D N: Printed for C. Bathurst, J. Beecroft, J. Fuller, J. Rivinc- TOM, R. Baldwin, Hawes, Clarke, and Collins, R. Hors- Fi'ELD, W. Johnston, W. Owen, G. Keith, T. Caslon, S. Crowder, T. Longman,- B. Law, J. FletcheRj and Robinson and Roberts. MDCCLXIX To His Highness the Duke of Gloucester. SIR, MONG all the Noble Pre- fages cf Wit and Honour^ there is not One by which YocjR Highness hath given greater Encouragement to the Hopes of thefe Kingdoms, than by a furpriftng CurioHty, and impatient De- fire of Knowledge. For the Satlsrying of fo Generous Inclinations, Your High- a 3 NESS ^he Kpiftle Dedicatory. KEss cannot but feek an early Acquaint- ance with the Ro7?mn State. It muft needs pleafe You, Sir, to underftand the Con- ftitution of that People, before You ap- pear the Rival of their Glory : And the firft Steps to' both thefe Attainments will be alike uneafy. Many Fatigues are to be undergone ere You furpafs them in Action and Conduct : And in the fame Manner, before You are introduced into the more delightful Scenes of their Policy and Go- vernment, Yo UR Highness f]:iculd be firji prefented with the rougher Profped of their Cuftoms and Ceremonies. For Your Direction in fo noble (though intricate) a Path of Ancient Story, Your Highness is defired to accept this fmall Endeavour ; no other wife than You would a i^\w Shadows^ or a little JMcdelj to give You, Sir, the firfl No- tion The Eprflle 'Dedicatory. tion of fome admired Picture, or fome magnificent Building. There is one Cuftom which, I make m\ feif believe. Your Highness wiH read with fome Pleafure ; I mean. Sir, the Trojan Game, a Martial Exercife, per- formed by the Yoiich of the fir ft Qua- iity in Rome under fuch a Captain as Yourself; and deriving its Original from young Afcojihis ; whom I need not fear to mention as Your Precedent, fince You have already honoured him with Your Imitalion. It may be expelled, perhaps, that, out of the many rllufcrious Romans^ I fhould here propcfe to Your Highness fome o( the mod Celebrated Examples of Virtue and orreat Atchieveme?2ts. But o this would prove a needlefs Piece of a 4 Service^ T'he Epifile Dedicatory. Service; fince You cannot mifs Your Way in the Purfuit of the Firjl^ while Your Highness goes on like the Trojan Prince, Matre Dea monjlrante Viam, And to the Second^ the fhort Advice, which that Hero gave his Son, will en- gage You as the Higheft Motive: — Z^, a7iimo repetCTite^n exempla tiwrum^ Et Pater JEneas &^ Avmiculus excitet Hedor. / am^ SIR, Your Highnes s's Moji Humble and Mof Obedient Servant <^ Bafil Kennett. THE PREFACE. as m "^^^MfM. ^^ TJfefuhefs of fiich a Befign a f|j^S^i^% this f20t being like to be called i\ q' 'jf&2 -quejlion^ I am obliged no farther than =i.4/'^\ to give a fiort Hijlory of what At- tempts have hitherto been made of the fame Nature^ with Jome Account of the prefcnt JJndertaking, Not to make a Catalogue of the many 'TraBs oji particular SubjeBs ^' Roman Antiquities, the Two Authors mof in ufe for this Knowledge are Roiinus and Godwin ; thefrfl as afidl Syjlem^ the other as an Abridgement or Compendium. iVe have 720thing more complete than Rofinus taken all together : But he will appear very deficient in many Foiiits^ if com-^ fared with other learned Men^ who have laboured in the adorning fome one Part of his General SubjeB. ^ThuSi I believe, his Book of War has jcarce beeji looked into f nee the Puhlijhing c/ Lipfius'j admirable Com- ment on Poly bi us. Ilis Accounts of the Habits, Senate, Laws and Funerals, will never be Jet in Com- petition with the more accurate Pieces of Ferrarius and Rubenius, ^^Paulus Manutius and Kirchman. ISIot to urge that the Names, the Money, the Private Games, with feveral lejj'er Topicks, are entirely omitted, and many more fubftantial Cufioms but lighUy touched* The Paralipomena of Dempfter, which PREFACE. ivhicb are added in the befi Editions^ under the Name of Notes on this Auihor, feem, for the moft Part, bar eh a Travfcript of Common F laces gathered from the Clafich. and other Writers, with little ConneBion; and thrpfore though theyferve, new and then, for a Siipjl mint to Rofinu>, yet it is impojjlble they jhould bt; very injlruciive. Godwin'i Anthologia (i^hich we ifiially meet with in our Scl ods) be fides thai it ivonts all the Ad- vantages which W'' have received from the Lcarn-'d wi:lin thfe three/core 2>a'^Sy is ffjkort and urjanf- faEfory in Subje6is cf the grcateji Cony q- ence \ fa crowded with Phraje., wiotch are to he j out id in all our Dictionaries ; Jo Jiuffed ii:irh >nng Pnija^es of Latin, iintranfated; has fo little M.tbod, ana rum Jo dry and heavy in the Reaclirii^^ flat LjunCy^ttts a general Wi(hy it were "xchau'sed pr Jom^^ihn g .■'/ 'n the fame Kind, of greaier Ufe, and more ao,, ■-'. k Rntertaiiimenc. For Cantclius de Romana Repnblica, To me the Jefuity^'c"/«j very unhappy, that by jperdifg haij his Bock in giving u> a long Kelaiion of the Ronian Wars, Battles^ Deaths, &c. which m^i'-: Pefo^s would rather learn from the Original Uijiorian.i, Lie has fo Jtraitened himj^'f in the remaining Pari, as i9 fajs J or no exiraor dinar v Epi'Cr/iizLr. Bifdes that he caunot fpare Kocm to Jet down one Wora oj Au- thority for what he Jays. As for Theje Papers : I'be Iwo Hflavs oj' • 29 Chap. II. Of the Bivifton of the City into Tribes and Re- gions i and of the Gates and Bridges. P- 34- Chap. III. Of the Places of PForfrJip ; particularly of the Temples and huc'i. P 3^ Chap. IV. Of the Theatres, Amphitheatres, Circos, Naumachiae, Odea, Stadia, and Xyfti, and of tb: Campus Martius. p. 43 Chap. V. Of the Curiae, Senacula, Bafilic^, Fora and Comitium. p. 47 Chap. VI. Of the Porticos, Arches, Columns and Trophies. p. 51 Chap. VII. Of the Bagnios, Nymphaea, Aqiisedufts, Cloacas, and Publick Ways. p c^6 BOOK II. Of the Religion of the Romans. CH A P. I. Of the Religion and Morality of the Koma.ns in ge?ieral. p. 61 Chap. II. Of the Luperci, Lupercalia, C^c. Of the Potiti and Pinarii •, and of the Arval Brothers, p. 64 Chap. III. Of the Augurs, Auguries, i^c. p. 67 Chap. IV. Of the AruToices and Pontifices. p- 69 Chap. V. Of the Flamines, Rex Sacrorum, Saiii, Feciales and Sodales. p. 72 Chap. VI. Of the Veftals. p. jj Chap. CONTENTS. Chap. VII. Of /y&5 Duumviri, Decemviri, andQmn^t- cemviri. Keepers of the Sibylline /F'nV/^g-jr, and of the Co- rybantes, or Priejts • 89 Chap. XI. Of the Kalends, Nones, and Ides. P- 9t Chao. XII. The mofi remarkable Fefiivals of the Romans, as they ft and in the Kalendar. /'• 92 BOOK IIL Of the Civil Government of the Romans. CHAP. I. Of the general Bivifwns of the People, p. 97 Chap. II. Of the Senate. p. lor Chap. III. Of the getter al Divijions of the Magijiraies, and the Candidates for Offices. p' i. 185 Chap. III. The Military Qath^ and the Levies of the Con- federates, p. 1 8 Ji Chap. lY. 0/ /^^ Evocati. p. 189 Chap. V. Of the fever al Kinds of the Roman Foot ; and iheirlJivifton into Manipuli, Cohorts, and Legions, p. 190 Chap. VI. The Divtfion of the Cavalry % and of the Al- lies. . _^. 192 Chap. VII. T'he Offices in the Roman Army : ArJ^firfl, C)f the Centurions and Tributes ; ijoitk the Cormnanders cf the Horfe, and of the Confederate Forces. p. 195 Chap. VIII. Of the i.egati, and the Imperator, or Ge- neral, p. ig6 Chap. IX. Of the Roman A/WS and TVedpons. p. 199 Chap. X. The Order of the Roman Army drawn tip in Battalici. p. 203 Chap. XI. The Enjigns and Colours % the Mujick ; the Word in Engagements ; the Harangues of the General, p. 207 Chap. XII. The Form and Blvifion of the Roman Camp, p. 210 Chap. XIII. Of the Duties, JFcrks^ and Exercifes cf the Soldiers. p. 212 Chap. XIV. Of the Soldiers Pay. p. 7.14 Chap. XV. Of the Military Punifhments. p, 21^ Chap. XVI. Of the Military Re-Lvards. p. 220 Chap. XVII. The Roman fVay ofdc^bring War, and of making Leagues. p. 22g h Chap. CONTENTS, Chap. XVIII. ^he Roman Method of treating the People they conquered ; zvith the Conftitmion of the Colonise, Municipiaj PrjEfed:urce, and Provinces. /*• 231 Chap. XIX. The Roman PFay of taking Towns j with the mofi remarkable Inventions and Engines mude Ufe of in their Sieges. P- '^35^ Chap. XX. Thi Naval Jffairs cf the Romans, p, 239. BOOK V, MiJceUany Ciijloms of the R q M A N &r CHAP. I. Of the private Sports and Games, p.. 247- Chap. II. Of the Circenjian Shows ! andfirfl of tin Fentathlum^ the Chariot- Races, the Ludus-Trojs, and the Pyrrhica Salcatio. p. 252 Chap. III. Of the Shows cf w-ild Beafis, and of the Nau- machine. p. 26 ^^ Chap.. IV. Of the Gladiators. p. 270- Chap. V. Of the Ludi-Scenici, or Stage-Flays •, and,. firjl. Of the Satyres ; and the Mimi^k-Pieces j with th&. Rifs and Advances cf fiich Entertainments among ths Romans. />. 282 Chap. TI. Of the Roman Tragedy and Comedy, p. 2S6 Chap. VII. Of the fac?-edrVotive, andfuthralGames.p. 296 Chap. VIIL Of theRom^LU Habit. p. 30^ Chap, IX. Of the Roman Marriages.^ f. 236 Chap. X. Of the Roman Funerals. p. 334- Chap. XI. Of the Roman Entertainments, $» 365 Chap.-XIf. Of the \\oir\m Names. P- Z7^ Chap. XIII. Of the Roman ?Aoney. P-Zl'^ INDEX Rcriiiii U ¥erboram. ESSAY ESSAY r, Of the Roman Learni?ig^ ^ H O E V E R confiders the ftrange Begin- ning of the Ro?nan State, the JVame and Conrtitution on which it was firft fettled^ together with the Qiiality of the original Members, will think it no Wonderthat the People, in that early Age, fhould have a Kind of Fiercenefs, or rather Wildnefs in their Tennper, utterly averfe to every Thing, that was polite and agreeable. This favage Difpofition by Degrees turned into at rigid Severity, xvhich encouraged them to rely folely on the Force of their Na- tive Virtue and Honour, without being beholden to the Advan-^ tage ofArt^ for the Improvement of their Reafon, or for the Affiftance of their Courage. Hence a Grofihefs of Invention pafTed current with them for Wit, and Study was looked on as an unmanly Labour; efpecially while they found, that their exadl Difcipline, and unconquered Refolutionj rendered them Maflers of Nations much more knowing than themfelves. All this is frankly acknou'ledged by their own Authors : L'ttcra in hotnlne Romano go for a Worrder with Tidly [a). And Virgil^ in a Reign when all the Civility and Learjiing of the World were tranf- planted to Rcme^ chufeth to make the Arts of Government and War the diftinguifhing Excellencies of his Country-men : Excudent alii fplrantia moU'ius esra, . Credo equidem : vivos ducent de viarmore vultus .* Orabunt cattfas melius ; ccelique meatus Defcribent radio, l^ furgentin fidera dicent : jTa regere i^nperio populos^ Romane., memento : (fl) De Nn:. Dcor. lib. i. De SiKiHuie, b a Ma n E S S A r I. Ha t'lhi erunt artes ', padfque imponere tnorent, ■ Parcere fuhjeSl'is^ Cff debellare fuperbos[a). Others (halJ beft infpire the mimick Brafs, Or out of Marble carve a \\\*\no Face; Plead with more Force, and trace the heavenly Roadsj Defcribing the wide Empire of the Gods : The wand'i'ing Stars to fleady Rules connne. And teach expecting Mortals when they'll fhinc. Thee'Heavens, brave Roman, form'd for high Command 9 Be thefe thy Arts, from thy viftorious Hand To make glad Nations own their Peace beftow'd, To fpare tl>e Siippltant, and pull down the Proud. The Reafon^t, which Horace gives for the flow Advances of Poefy, will hold in every other Part of polite Learning: Sa'us enirn Greets admovit acum'ma charth{b)^ Their little Acquaintance with the fine Wits of Greece, who had fettled the Staple of Arts and Learning in that Country, deprived them of an Opportunity to cultivate and beautify their Genius, which was formed by Nature capable of the highefl: Attainments. Some Kir.d of Poetry, indeed, they had in their ruftick Times ; but then the Verfes were fuch rude doggre! Stuff, as old Ennius defcribes : ^ialis Faunl vntefque ceinehant. ^lum neque Mujarwn fcopitlos quijquam fupercfrat. Nee d'lii'i JliuUoj'm erat. Cicero is inclined to think. That the old Romans might pro- bably have gained fome little Knowledge in Philofophy from the Inflrudions ox Pythagoras, the famous Author of the Italick Seil, who fiourifhed in Italy about the fame Time as the Tar- quhis were expelled the City. But the ancient Cuftom of Sing- ing to the Flu*e t-he Pr^ifes of famous Men at great Entertain- ments, is the only Relick he can isA of this Doctrine which was delivered in Poetical Numbers (r). Their InLerrourfe with Greece began upon their Undertaking the Defence of that Country, againfi: Philip oH Macedon^.\v\\xx had a Defign on its Liberty, about the Year of Rome 555 ; (a) ^i:eld. 6. {c) Lib. 2. Ep.f:.!. (;) Cken Ti-Sc Sluaf. . lib. 5, when^ Of the R o M A N Ijearnmg, \i\ v/hen, according to their ufual Prrici:ice, under the Name of Deliverers, they made themfelves rather the Alafters of that People. And then GrcEcia capta fcrum vi^ioran cepit, ^ srtes Intulit agrejii Latio (^). The greateft Number of eminent Poets, efpecially Dramatick Writers, flourifhed beteen the End of the Firll and the Third Punic Wars ; or from the Year of the City 512 to 607. The moft confiderable were Livius Andron'icus^ Navlus^ Emiius^ Paciwlus^ AcduSf Ccccilius^ Plautus^ Afran'ius, Terence, and LiicHius. And therefore Horace means only the iirfl Punick War, when he fays, Et poji Punica Bella quietus, quarere ccepit, ^icl Sophocles, iff Thefpis, & Mfcbylus utile farent : Tentavit quoqiie, rem fi cligne vcrtere pojfct (b). The Studies of Philofophy and Rhetoric never made any tole- rable Progrefs before the Arrival of the Achaians, who in the Year of Rome 586 or 587, to the Number of a Thoufand or more, were fent for out of their own Country, where they had ihown themfelves difaffetSled to the Romans, and were difperfcd iii feveral Parts o( Italy. Among thefe was the famous Polykius the Jidegalopolitan,, whofe great Parts and Learning not only gained him the entire Friendfhip of Scipio Mmilianus and Lalius, two of the greateft Romans in that Age, but procured too the Releafe of all his Countrymen that remained after fome Years Exile. Moft of that Company, though not equal to Polyhius, yet being the principal Members of the chief Cities in Greece, brought away a great Share of the Politenefs and relined Arts of that Country: And being now reduced to a State of Life, which took from them all Thoughts of Publick Adtion, they ap- plied themfelves wholly to the Purfuit of Letters, as well to divert the fad Reflexions of their Banifhment, as to improve and cul- tivate their Mind {c). \\\ a few Years their Examples and Inftru£tions had wrought fuch a ftrange Converfion in the Roman Youth, tliat the Senate, fearing left the ancient Di'cipline fhould by this Mejins be cor- rupted, and the Alinds of the People foftencd aJid enervated by Study, confulted how to put a Stop £0 this Vein of Politenefs, . {a) Lib. 2, Epifl:. i. [b) Ibid, (c) Cafauhon, Chroncl, ad Polj!>, & Comment, ad Suefoit. di Gratipniat, b z (o IV E S S A r L To contrary to the rough and warlike Dirpofitlons ©f theif Anceftors. To this Purpofe we meet with a Decree bearing Date in the Confulfhip of C. Fannius Strabo and AI. p^n'terius AleJJala A. U. C. 392; by which it appears, that^ whereas Mar- cus Pomponius the Prstor had made a Report to the Senate about the Philofophers and RhetorkianSy the Fathei's did hereby order the Jaid Praetor to take Cogr^izaucc of the Bufinefs^ and to fi'-jfer no Juch Men in Rome (e than ordinary. That ih£ Romans woidd certainly he dejlroyed, when they began once to be in- feHedwith Greek. But it is very likely that he afterwards altered 'his Mind ; fince his Learning Greek in his old Age is a known Story, and depends oa good Authority [a). The Lord Bacon fays, Jt was a Judg?neHt upon him f&r his former Blafphemies[b). The Ambafladors, upon the Motion of Cato^ had a quick Plfmiflion, but left fo happy an Inclination in the young Gen- tlemen to Philofophy ai^d good Letters, that they grew t^ciy Day more enamoured of Study ; and fhowed as much diligence in their Purfuits of Knowledge as they had ever done in their Applications to War. In the Year of the City 608 or 609, Greete^ which had hitherto retained fome Shadow of Liberty, though it had been a long while at the Romans Command, was, upon fome flight Occafion, en- tered with an Army under L. Miimmius^ and reduced to th« common State of the other conquered Nations, This Exploit happening in the very fame Year that Carthage was deftroyed by P. Scipio M?nilianus, it will be very pleafant to obferve the diffe- rent Genius of the two Commanders, who had the Honour of thefe Atchievements J and to fee how Politenefs and the ancient Simplicity were now at Strife in B-ome, Muinmius was fo far un- skilled in the curious Indentions of Art, that after the Taking of Corinth^ when a great Number of admirable Piitures and (a) Cicero Academ. i. De ScncSl. SiuinalHan. Ir.Jl, lib. 12. cap. u. (h) Ad- Xancei^ent ol' Learning, Boijk i. b 4. Statues, Statues, by the beft IVlaflers, came into his Hands, he told the Ser^ ,yants that were to carry them into Italy, If they lojl any by the IVay, they Jhould certainly find him new ones in their room [a). Scipioy on the other Hand, to the Courage and V irtue of an- cient Heroes, had joined a profound Knowledge of the Sciences, Vv'irh z:]\ the Graces and Ornaments of Wit. His Patronage was fourted by every one that made any Figure in Learning. Pa~ iiatiiiSf whom Ttdly calls the Piince of the o/au/'j, and the in- comparable Hiftorian P.clylius^ were his Bofom Friends, the Affifters of his Studies at Home, and the conflant Cornpanions of his Expeditions [b). To which may be added the Remark of a very great Man, That he 'pajjed the foft Hours of his Life in the Convcrfation of Terence, and was thought to have a Part in the CofTipoJition of his Comedies (t). The highefi: Pitch of the Ro:nan Gr2indem; in the Time of the Commonwealth, is thought to have been concluded before the final Reduction o{ Carthage and of Greece (d) ; and the common Keafon afiigned for its Decay, is, that Athens, being now become the Mart of the World, for W^it and Breeding, imported the i\rts of Debauchery, am.ong her more noble Produifions, to Rome; and maintained their Luxury, as well as their Studies and Converfations, at her Charge. But, however their ancient Provv- efs might decline, it is certain the Conqueft of the great Empire of Science was now carried on more vigorouHy than ever. The J ide of Learning and Humanity ran every Day v/ith greater Force, and, after the famous Cato., fcarce met with any to oppofe jr. Between this Period and the Death of Sylla (fcarce Seventy Years) the moft renowned Orators, Crafius and Antony, ruled |;he Forum, who were fucceeded by Sulpicius, Coita, Hortenfins^ and other great Names recorded by 'X^dly in his Brutus. At the fame Time, the two ScavolcS, the Augur and the Pontiff, ad- vanced Civil Law to its full Perfection. And Lucretius (who ■yvrote about the Time of the JuaurthineW ^i) as he excelled ev^n the Gracian Difcipics of Epicurus, in explaining and defend- ing his Dotfirine, fo he directs us where to be^in, in fixing the Height and Purity of the ^^??/<2/2 Poeiy and Styie (d). Philofo- pheis were now in univerfal Honour and Requeil, being invited from all Parts for the Education and Inftruciion of young No- blemen.,, and for Advice and Alnftance of the greatefl Miniilers (a) VeU ¥.Herc. lib. i. cap. 13. (/) lb, ' c) Sir WiU. TmpU-% MJcdL "^.1. Ef.a-. 4. • {d) Cafa-,!>or:, 'Cbreno'c^. id Po! i>. ' (e) Siv IFi/t. TtfifipiYs of Of the Roman L,earnlng. vil of State. And, what is moft furprizing. Arts and Civility were rather encouraa;ed than frighted away by the Wars, and the Mufes, like their Patronefs Minerva^ had very often their Refi- dence in the Camp. Sylla himfelf wrote two and twentv Books of Memoirs («), and contributed in an extraordinary Manner, to the Advancement of Knowledge, by tranfporcing to Rome the famous Library o{ Apellicon the PcripaietkJc, in which were moft of AryhtWh and Tbeophrajius's Works, which had beea long unknown to the greateft Part of their Followers {b). Syllas Rival, Marius, was the only Man of Note, in thgt Age, who retained the old Sournefs and unpoliihed Manner of the firft Romans. He indeed would never ftudy Greeks nor fuf- ier that Language to be ufed in any Matters of Confequence j as thinking it ridiculous to beftow Time in that Learning, ths Teachers whereof were little better than Slaves (r). But then Lucullus^ who fucceeded Sylla in the Military Glory, as to Matters of Learning, was much his Superior. Li his Youtli he had fo abfolute a Command of the Two only Tongues then in Requeft, that, upon a Project of compiling an Hiftory, he fairly took his Chance, whether he fliould write in Greek or Let- tin, in Profe or Verfe. And after all his Feats of Ariiis in the JUkhridutick War, when he was deprived of his Command by the prevailing Failion of Pompe)\ the great Employment of his privacy and Retreat was the Promoting of Knowledge. With this DeHgn he built a Library, furniflied it with a vaft Num- ber of Books fairly tranfcribed, and made it free to all Comers. The Walks and Schools, which he raifed near the Library, were always full oi Gvesciam, who, retiring thither from Bufinefs, di- verted one another with Conferences and Debates, in the fame Manner, as was ufed in their own Country ; making Advantage of friendly Converfation toward the Improvement of their Un- derflandings. Lucidlus himfelf often ftudied there, fometimes difputjng with the learned Men, and fometimes giving his Ad- vice in Matters of State, to thofe that defned it ; though he meddled with no publick Bufinefs in Perfon. He was very well verfed in all the Seits of Philofophy, but adhered clofely to the old Academy, whereas his Friend Cicero was a great Stickler for the New. Hence it is that we find the latter Boc/k of the Aea- demick ^iefiions infcj-ibed L'ucullus% where that great Man is thought in defending the Opinions of his Sccl(<'-/j. {n) Vlutr.rchi:s -n SyUa. [I?) ILid. Sc Sh-jI);^ lib, 13; [.') P/:::jrct:a in AUris. (4) F..!aicbui in Li.^d.'o. The ma. E S S A r I. The whole Majefty of Language, and Height of Eloquence, (hone out, as it were, all at once, in TuUy\ fo that Patercubiz has well c bierved, DeleSl<;.ri ante eum paucijjijnis^ mirari vero n&- minem pojfis^ nlfi aut ab iilo v'lfwn^ aut qui ilium viderit [a). Perhaps the iame Remark will hold good in his Philofophy ; or, at leail, with Refped: to his Pjedeceffors., the latter Study ■will yield him an equal Praife with the former. For to handle this Subject in Latin Profe was purely a new Province referved for his Management, and left untouched tiJJ that Time by the Learned. Thus much he lets us know in feveral Parts of his Works, particularly in his Poem to the Tufcan Q^ieftions ; \vhere at the fame Time he gives us a fliort Account of the Pro- grefs and Advances of Arts among the Romans^ infinitely worth the tranfcribing: Meum Jemper judicium fuit^ &c. It was always rny Opinian^ fays he, That either our Countrymen have been imre happy in their Inventions of every Kivd, than the Greeks ; or, That they have made a vnji Improveiiient in whatever they borrowed from that Nation^ and thought worth their while to polifh and refine. For (IS to the ConduSl of Life ^ and the Rules of Breeding and Behaviour, to^rether zvith the Management of Family Concerns^ we are Majlers of more ExaSinefs., and have a much genteeler Air. If we afcend tQ the Goverriinj and Regulating of publick Spirits^ cur Anccjiors may jujily claim the Preference in this Part of IFijdom., on Account of their lidhiirable Lavjs and hijlitutions. In miliiary Affairs we have Jnade a more confidcrable Advance than any before us, zvhich is owing no lefs io our DifcipUne^ than to our native Bravery. It is true, Greece has always had the Renoivn beyond us for their Attainments in every Part of Learning, and it was on eafy Matter to conquer, when they met with 7io Oppofttion. Poetry, tb( tnoft ancient Sort of IPriiijig, had but a late Reception among us : For I/ivius Andronicns prefented his firjl Dramatick Piece 510 (it ftiould be 514) Tears after the Building of Rome, in the Confulihip cf C. Claudius, ^on to Appius Csecus, cmd M. Tuditanus, a Tear before the Birth of Ennjus, who is Senior ta Plautus and Nacviys. As he goes on, he attributes the flow Prpgrefs of Poefy to the Want of due Reward and Encouragement, and tells us, that, jn a public!: Oration of Gate's, it was objedted as a Reproach V) Marcus Nobilier, that he had carried the Poet Ennius with hirn ituo /Eiolia, when he went to rehde there as Governor : That ^■j) mjl, lib, 1. cap. 17, there Of the Roman L,earning, Ix thjere was no Part of the Mathemailcks (which the Gracians efieemed fo honourable a Study) of Ufe in Rome, but the bare Practice of Meafuring, and carting Accompts. For Oratory, he pbleryes, that the Romans embraced this very foon, but at fird v/ithout the Advantages of a learned Inftitution ; which were afterwards added with fo much Succefs, as to fet them on equal Terms with the mofl eloquent Mafters of Greece : But that Philofophy had lain negle£led till that Time, and had met with no eminent Author to adorn it in the Latin Tcngue. This therefore he prpfefTeth to undertake as his proper Office ; and, how happilv he fucceeded in the Attempt, his Worko on thaf Subjetfl will b^ a lafting Argument. If we compare Tul/y with his Friend Jtiicus, we f.n4 them both together anfwering the two excellent Ends of Philofophy, the Servjce of the Publick, and the private Eafe and Tranquillitv pf an inoffenfive Life: The former directed all his Studies to Ailion, in the Defence of the Commonwealth, ana the Cp- polino; all Defigns on its Liberty : The latter, by never enter-; \n>). ^dntilian [[or Tacitus) \n the Dizlogue ^e Oratoribus, gives an excellent Account of the old Way of breeding Children, and fets it off with great Advantage, by comparing it with the Modern : " As foon as the Child was born, he was not given in Charge *' to an hired Nurfe, to live with her in fome pitiful Hole that ** ferved her for Lodgings ; but was brought up in the Lap and *' Bofom of the Mother, who reckoned it among her chief *' Cominendations, to keep the Houfe, and to attend on the *' Children. Some sncient Mntron was pitched on out of the " Neighbours, whofe Life and Manners rendered her worthy *' of that Office, to whofe Care the Children of every Family *' were committed ; before whom it was reckoned the moft *' heinous Thing in the World, to fpeak an ill Word, or to do *' an ill Aftion. Nor had fhc an Eye only on their Inftru6tion, " and the Bufinefs that they were to follow, but, with an equal *' Modefty and Gravity, Ihe regulated their very Divertifements (iij Plutarch, Compar, of Niiv.a and Lycurg, («) Archifliop Tilhtjon's Ser- jnon of Education. «' and Of the R o M A N TJiicatlon. xvll *' and Recreations. Thus Ccrndia, Aurel'xa^ and Attica^ Mo- ** thers to the Gracchi, 'Julius Cafar, and Augvjius.) are reported ♦' to have undertaken the O^c^ of Govemeffes, and to have ** employed themfelves in the Education of Noblemen's Chil- <' dren. The Stri6tnefs and Severity of fuch an Inflitution had *' this very qood Defign, That the Mind being thus preferved *' in its primitive Innocence and Integrity, and not debauched " by ill Cuftom or iU Example, might apply itfelf with thd ** greateft VVillingners to liberal Arts, and embrace them with *' all its Powers and Faculties : Thar, whether it was particu- ** larly inclined either to the Profeffioii of Arms, or to the Un- *' derftanding of the Law, or to the Prafllce of Eloquence ; it- *' might make that its only Bufinefs, and greedily drink in the ** whole Knowledge of the favourite Study. " But now the young Infant is given in Charge to fome poor •* Gr«?a<3K Wench, and one or two of the Serving- men, per- <' haps, are joined in the CcmmiiTion ; generally the meaneft <' and mofl: ill-bred of the whole Pack, and fuch as are unfit *' for any ferious Bufmefs. From the Stories and Tattle of fuch *>'■ fine Com>panions, the foft and flexible Nature muft take its •* firft ImprefTion and Bent, Over the whole Family there is «' not the leaft Care taken of what is faid or done before the! ** Child ; while the very Parents, inftead of inuring their dear <' little Ones to Virtue and Modefty, accuftom them, on the *' quite Contrary, to Licentioufnefs and Wantonnefi-, the na- ** tural Refult of which is a fettled impudence, and a Con- *' tempt of thofe very Parents, and every body elfe." Thus although the Care and InflrucSlion of Youth, among the old Romans^ had been provided for by the Publick Laws, as in the Spartan State, yet the voluntary Diligence of Parents would have made all fuch Regulations fuperfluous. Among the Domeftick Cares, it will not be from the Purpofe to take particular Notice of one, which required little Trouble or Difficulty, and yet proved as beneficial and ferviceable as any other inftitution : I mean the uling Children to fper.k the Lan- guage purely at firft, by letting them hear nothing but the truefl and m.ofl proper Phrafe. By this only Advantage feveral Perfons arrived at the ordinary Repute in the Forum., who v/ere fo un- happy as to want many other Qiialifications. Tully fays, thatthe Gracchi were educated, r.on tarn tv gremls ^uam in fer?none Matris : And he reports of C. Curio^ who was reckoned the third Orator of his Time, that he underrnood no Poet, had read no Books of Eloquence, had made no Kiflorical c 2 Col- xvlli E S S yl r IL J ColkiStions, and had no Knowledge of the Publick or Private JPart of the Law. The only Thing which gained him his Ap- plaufe was a clean, {liinins; Phrafc, and a fudden Qiiicknefs and Fluency of Expreffion. This he got purely by the Benefit of his Private Education, being uCed to fnch a correct and polifhed Way orrpeaking in the Houfe where he was brouf^ht iip(rt). P'or Mafters, in the firft Place, they had the LiteratoreSy or rf«/Aj!AaTtrc^, wbo taught the Children to read and write : To thefe they were copimitted about the Age of Six or Seven Years [h). Being come from under Their Care, they were fent to the Granunar Schools, to learn the Art of fpeaking well, and the underftanding of Authors : Or more frequently in the Houfe of great Men fome eminent Grammarian was entertained for that Employment. It is pleafant to confider, what Prudence was ufed in thefe early Years to inftil into the Children's Minds a Love and In- clination to the Forum, whence they were to expecSt the greateft Share of their Honours and Preferments. For Cicero tells Jiticus-y in his Second VxooV- cle Legi/ms, That, when they were Boys, they lifed to learn the fainous Laws of the Twelve Tables by Heart, \n the fame Manner as they did an excellent Poem. And Plu- tarch relates in, his Lite of the younger Cato, That the very Children had a Play, in which they afted Pleadings of Caufes before the Judges , accuiing one ar>other, and carrying the condemned Party to Prilbn. The A'laiters already mentioned, together with the Inilructors ill the fevera! Sorts of manly Exercifes, for the improving of their natural Strength and Force, do not properlv deferve that Name, if fet in Viev/ with the Rhetoricians and Philofophcrs ; who, after that Reafon had difplayed her P'aculties, and efta- bliilied her Command, were employed to cultivate and adorn the Advantages of Nature, and to give the lap. Hand toward the Forming of a Itoman Citizen. Few Pcrfons nroAQ any great Fi- gure on the Scene of Aci:ion in their own Time, or in Hiffory afterwards, who, befidcs tpe conliunt FiequciUing of Publick Ledturcs, did not keep with them in tlic iioufc fome eminent PrnfeiTor of Oratory or Wifdom. I have oftsa (ihoisgbt, lliajc one maiir Reafor^ of the prodigi- ow Progrcfs made by young Gentlemeir, under thefe private Tutors^ was. the perfect- Love and Endearrnent v.'hich we find (a) Cic. ifi Unit* {,&) Dac^w in Iloret, Sat, i Lib. i. to Of the Roman Education. xlt to have been between Mafter and Scholar, by which Means Government and InftrutStion proceeded in the fweeteft and ea- fieft Way. All Perfons in the happy Ages of Rome had the fame Honour and RefpecEl for their Teachers, as Perfius had for his Mafter, Cornutus the Stoic, to whom addrefling himfclf \r\ his firft Satyr, he thus admirably defcribes his own Love and Piety to his Governor, and the ilrict PVieiidfhip that was be- tween them ; Cujnque iter amb'iguiim eft, iff v'lt^ nefcius error Diducit trepidas ramofa in compita menteSy Me tibi Juppojui : tcncros tu Jujcipis annos Socratico, Cornute, _y?//Zi! ; tunc fallere folcrs Appofita intortos extendit rcgula rnores ; Et pretmtiir rati one miimus, vincique labor at ^ Artificeviqiie tuo ducit fub p'oHice vultum. Tecum ctenim longos memini confuniere foles % Et tecum pritnas epulis decerperc noSles. JJnum opus, &' requiem pariter cUfponibus amho, Ataue verecundd laxamus fcria 7nenfa. Non eqiiidcm hoc dubiies amborum feeder e certo Conf entire dies, & ab uno fidcre duct. Nojira vel aquali fufpcndit tempora libra Parca tenax veri, jeu nata fidelibus hora Dividii in Geminos concordia fata duorum : Saturnumque^r(7ww nofro Jove fregimus una. JSiefcio quod.y cert} eji quod 7ne tibi temperat ajirum. Juft at the Age when Manhood fet tne free, I then depos'd myfelf, and left the Reins to thee: On thy wife Bofom I repos'd my Head, And by my better Socrates was bred. Then thy ilraight Rule fet Virtue in my Sight, The crooked Line reforming by the R.ight. My Reafon took the Bent of thy Com.mand ; Was form'd and polifli'd by thy fkilful Hand. Long Summer Days thy Precepts I rehearfe. And Winter Nights were fhort in our Converfe, One was our Labour, one was our Repofe ; One frugal Supper did our Studies clofe. Sure on our Birth fome friendly Planet fhone. And, as our Souls, our Horofcope was one : c 3 Whethc^ %x E S S A r II. Whether the mounting Twins did Heaven adorn. Or with the rifing Balance we were born. Botii have the lame Imprcffion from above, And both have ii^turn's Rage, repeli'd by yove. What Star I know not, but Come Star, I hnd. Has given thee an Afcendant o'er my A'lind. [Mr. Dry den f Nor was the Reverence, paid by the Public to the Informer? of Ycuth, Icis remarkable than the Efteem and Duty of their Scholars. Which makes Juvenal break out into that elegant Jlapture : D'li major um umbris iennem ijj fine ponder e terram^ Spirantefgtis crocos, Iff in urnd pcrpetuum ver^ ^ui priEceptorem Jan^'i volv.ere parentis Ejje loco (a). In Peace, ve Shades of our great Grandfires, reft } No heavy Earth your facred Bones molefh Eternal Springs and rifmg Flowers adorn The Reliqiies of each venerable Urrj : Who pious Reverence to their Tutors paid. As Parents honour'd, and as Gods obev'd. [Mr. Charles Dryden, At the Age of Seventeen Years, the young Gentlemen, when they put on the }7:anly Goivn, were brought in a folemn Manner to the Forum, and entered in the Study of Pleading : Not only if they defigned to make this their chief Profeffion, but altho' their Inclinations lay rather to the Camp. For we fcarce meet with any famous Captain who was not a good Speaker, or any eminent Orator, v/ho had not ferved fome Time in the Army. Thus it was requifite for all Perfons, who had any Thoughts of rifing in the World, to make a good Appearance, both at the Bar, and in the Field ; becaufe, if the Succefs of their Valour and Condudl fhould advance them to any confiderable Port, it V/ould have proved almoft impoffible, without the Advantage of Eloquence, to maintain their Authority with the Senate and Peo- ple: Or, if the Force of their Oratory fhould in Time procure i^.) Sat. 7, Of the Roman 'Education. xxi •them the honourable OiEce of Prcstor or Confuly they would not have been in a Capacity to undertake the Goverment of the Pro- vinces (which fell to their Share at the Expiration of thofc Ein- ploytnents) without fome Experience in military Command. Yet becaufe the Profeflion of Arms was an Art which would eafily give them an Opportunity of fignalizing thcmfelves, and in which they would almoft naturally excel, as Occafions ftiould be afterwards offered for their Service; their whole Application and Endeavours were directed at prei'ent to the Study of Lavy and Rhetorick, as the Foundations of their futtire Grandeur : Or, perhaps, they, nov/ and then, made a Campaign, as well for a Diverfion from feveral Labours, as for their Improvement in martial Difcipline. In the Dialogue de Oratorihus^ we have a very good Account of this Admiflion of young Gentlemen into the Forurn^ and of the Neceffity of fuch a Courfe in the Commonwealth ; which, coming from fo great a Mafter, cannot fail to be very pertinent and inftrudive. " Among our Anceflors, fays the Author, the Youth who was defigned for the Forian^ and the Pradlice of Eloquence, being now furniflied with the liberal Arts, and the Advan- tage of a Domeftick Inftitution, was brought by his Father, or near Relations, to the moft celebrated Orator in the City. Him he conftantly ufed to attend, and to be always prefent at his Performance of any Kind, either in judicial Matters, or in the ordinary Affemblies of the People : So that by this Means he learned to engage in the Laurels and Contentions of the Bar, and to approve himfelf a Man at Arms in the Wars of the Pleaders. " For in that ancient Conftitution of a mixed State, when the Differences were never referred to one fupreme Perfon, the Orators determined Matters as they pleafed, by prevailing on the Minds of the ignorant Multitude. Hence came the Am- bition of popular AppLafe : Hence the great Variety of Laws and Decrees: Hence the tedious Speeches and Harangues of the Magiftrates, fometimes carried on whole Nights in the Rojira : Hence the frequent Indidment and Impleading of the powerful Criminals, and the Expofmg of Houfes to the Vi- olence and Fury of the Rabble: Hence the Factions of the Nobility, and the conftant Heats and Bickerings between the Senate and People. All which, though in great Meafure they diftradled the Commonwealth, yet had this good £ffe6f, that they exercifed and improved the Eloquence of thofe Times, C 4 '* by XXII E S S y7. T 11. *' by propofing the hi;^hcfl Rewards of that Study. Bccaufe, ** the more excellent any Perfdn appeared in the Art of Speak- ^' ing, the more cafdy he arrived at Honours and Employments; " the more he furpafled his Colleague in the fame Office, the ♦' greater was his Favour with the leading Men of the City, his *' Authority with the Senate, and his Renov/n and Efteem *' among the Commons. Thefc Men wcie courted and waited *' on by Clients even of Foreign Nations: Thefe, when they *' undertook the Com.mand of Provinces, the very Magutrates *' reverenced at their Departure, and adored at their Return : ** Thefe the higheft OfEccs oiPrator or Confui feemed to require ♦5 and call for, and court their Acceptance : Thefe, when in a *' vate Station, abated very little of their Authority, while they ^' guided both the Senate and the People by their Counfcl. For ^^ they took this for an infallible Maxim, That without Elo- ** quence it was impoffible either to attain or to defend a confide- ^* rable Truft in the Commonwealth : And no Wonder, when *' they were drawn to Bufinefs, even againft their Will, ancj *' compelled to fliew their Parts in Publick. When it was reck- ^' pned but an ordinary Matter to deliver one's Opinion in fhort ^' before the Senate, unlefs a Man could maintain and improve it *' v/ith the engaging Ornaments of Wit and ElegJince. When, *!*• If they had cojitradled any Envy or Sufpicion, they were to *' anfwer the Accufcr's Charge in Perfon. VVhen they could not ^' fo much as give their Evidence, as to publick Matters, in *' Writing; but were obliged to appear in Court, and deliver it *^ with their own Mouth. So that there was not only a vaft En- ^' couragement, but even a Neceflity of Eloquence : To be a fine ^^ Speaker was counted Brave and Glorious ; on the other Hand, '^ to a6l only a mute Perfon^ on the Publick Stage, was Scanda- ^* lous and Reproachful. And thus a Senfe of Honour, and De- *' (ire of avoiding Infamy, was amain Incitement to their Endea- *^ vours to thefe Studies ; left they fnould be reckoned among the v Clients rather than among the Patrons ; left the numerous ^^ pependances tranfmitted to them from their Anceftors fliould ^^ now at laft pafs into other Families, for want of an able Sup- ^S porter ; left, like a Sort of ufelcfs and unprofitable Creatures, *? they fhould either be fruftrated in their Pretenfions to Ho- ^' nour and Preferments, or elfe difgrace themfelves and their f^ Office by the P»'Iifcarriac;es of their Adminiftration." {Jniljm and Av.tov.lus^ Ti;e Two thi^^f .Managers of the Dif- fpurlc in 'Jul!'f& ftril Book de Orciiore, are reprefcnted as very ppppfite in their Judgments, concerning the necellary Improve- fljcnts Of the Roman Education, xxiii pients of an accomplifhcd Oi :itor. The former denies any Per- fon the Honour of his Name, who does not pofiefs, in fomc Degree, all the Qiialities, both native and acquired, that enter into the Compofition of a general Scholar. The Force of his Argument lies in this, That an Orator ought to be able to de- liver himfelf copioufly on all Manner of Subjccis; and he does not fee how any one can aniwer this Character, without fome Excellency in all the Myfteries of Arts and Learning, 3s well as in the happy Endowments of Nature. Yet he would not have thefe Acquifitions fit fo loofe about him, as to be laid open to the Bottom on every Occafion 5 but that (as a great .Man expreiTeth it) they fliould rather be enamelled in his Mind, than i:mbc£ed upon it. That, as the Critics in Gaits and Gef- tures will eafilv difcover, by the Comportment of a Man's Bo- dy, whether he has learned to dance, though he does not pra£tifc his Art in his ordinary Motion : So an Orator, when he delivers himfelf on any Subje6l, will eafily make it appear whether he has a full Underftanding of the particular Art or Faculty on which the Caufe depends, though he does not difcourfe of it in the j\Ianner of a Philolbpher or a ^Mechanic. Jnirjuiw:^ on the other Hand, retieciing on the Shortnefs of human Life, and how great a Part of it is commpnly taken up in the Attain- ment of but a {tv,' Parts of Knowledge, is inclined to believe, that Oratory does not require the acceH'ary Attendance of its Sifter Arts ; but that a Man may be able to prol'ecute a Theme of any Kind, wiihout a Train of Sciences, and the Advantages of a learned Inftiiution. That as few Perfons arc to feek in the Cultivating of their Land, or the Contrivance and Elegance of their Gardens, though they never read Cata de Re Riifliea^ or Mago the Carthaginian : So an Orator may harangue, \v:th a great Deal of Reafon and Truth, on a Sub- je61: taken from any Part of Knowledge, without any farther Acquaintance with the nicer Speculations, than his common Senfe and Underft-anding, improved by Experience and Con- verfatior., fnail lead him to : " For who ever (fciys he) w-hen he *^ comes to m.ove the Affeftions of the Judges or People, ftops *' at this, that he hath not Philofophy enough to dive into tiic ^' firft Springs of the Paffions, and to difcover their various ^' NatuKfs and Operations? Befides, at this Rate we mud quite ^' lay afidf: the Way ofraifnig Pity in the Audience, by repre- *^ fenting the Milfrv of a diffreiled Party, or defcribing (perhaps) ^' the Slavery wiuch he endures : When Philofophy tells us, *^ Tba^ xxiv E S S A r 11. *' That a good Man can never be miferable, and, that Virtue *' is always abfolutely free." Now as Cicero, without Doubt, fat himfelf for the Pidure, which, in Crajus's Name, he there draws of an Orator, and therefore ftrengthens his Ar&uments by his own Example as well as his Judgment ; fo .Sitonius, in the next Dialogue, does not ftick to own, than his former AfTertion was rather taken up for the Sake of Difputing and Encountering his Rival, than to deliver the juft Sentiments of his Mind. And therefore, the genteel Education, in the politer Ages of Rome, being wholly dirciQed to the Bar, it feerrs probable, that no Part of ufeful Knowledge was omitted, for the Improving and Adorning of the main Study ; and that all the other Arts were courted, though not with an equal PafTion. And upon the Whole it appears, that a flrange Afliduity, and unwearied Application, were the very Life and Soul of their Defigns. When their Hiftorians defcribe an extraordinary Man, this always enters into his Charailer as an efTential Part of it, that he was ificre- dibili induftrid, dlUgsnUd fingulari ; of incredible Indujlry, of fai- gular Diligence (a). And C^J/o in -S<2///y/'? tells the Senate, That it was not the Arms fo much as the Induftry of their An- ceftors, which advanced the Grandeur of Rome: So that the Founders and Regulators of this State, in making Diligence and Labour necefTary Qualifications of a Citizen, took the fame Courfe as the Poets will have fnpitcr to have thought on, when he fucceeded to the Government over the primitive Mortals : Pater ipfe.colendi Maud facilem effe viam voluit ; primufque per artem Jllovit agros, curis acuens mortalia corda. Nee torpere gravi pajjus fua regna veterno [b]. To confirm the Opinion of their extreme Induftry and per- petual Study and. Labour, it may not fecm impertinent to in- Itance jn the three common Exercifes of Tranflating, Declaim- ing, and Reciting. Tranflation the ancient Orators o{ Ro?7te looked on as a moft ufeful, though a moft labprious Employment. All Peifons that {a) Archbiihop Ti!h*fons Sermcn of Educiticn. {}>) firg. Cecrg. i. applied Of the Roman Education. xxv applied themfelves to the Bar, commonly propofed fome one Orator of Greece for their conrtant Pattern ; cither Lvfias^ Hy~ perUes, DemaJ^kcncsy or ^/chines, as their Genius was inclined. Him they continually iludied, and, to render themfelves abfo- lutely A'laikrs of his Excellencies, were always making him fpeak their own Tongue. This Cicero^ ^intillany Z'-A PHkj yunior, injoin as an indifpenfable Duty, in order to the ac- quiring any Talent in Eloquence. And the iirft of thefc great Men, befides his many Verfions of the Orators for his private U(e, obliged the Public with the Tranflation of fe- deral Parts of Plato and Xenophon in Profe, and of Homer and Aratus in Verfe. As to Declaiming, this was not the only main Thln^, at which they laboured under the Mafters of Rhetoric, but what they pradtifed long after they undertook real Caufes, .3nd had gained a confiderable Name in the Forum. Sueto- ion'ius^ in his Book of Famous Rhetoricians, tells us, That Ci- cero declaimed in Greek till he was ele6ied Frator^ and in Latin till near his Death. That Pompey the Great, juft at the Breaking out of the Civil War, refumed his old Exercife of Declaiming, th^t he might the more eafily be able to deal with Curio, who undertook the Defence of Caja/s Caufe, in his public Harangues. That Mark Aniotiy and Augiijius did not lay afide this Cuftom, even when they were engaged in the Siege oiMidina: And, That A'^ro was not only conftant at Jiis Declamations, while in a private Station, but for the firft Year after his Advancement to the Empire. It is worth Remarking, That the Subjcifl of thefe old Declamations was not a mere fanciful 'Thefts, but a Cafe which might probably be brought into the Courts of Judi- cature, The contrary Practice, which crept into fome Schools after the Auguflan Age, to the great Debafing of Eloquence, is what Pctronius inveighs fo feverely againft, in the Beginniag pf his Satyricon, in a Strain fo elegant, that it would lofe a great Part of the Grace and Spirit in any Tranflation. When I fpeak of Recitation, I intend not to infill on the public Performances of the Poets in that Kind, for which Purpofe they commonly borrowed the Houfe of fome of their nobleft Patrons, and carried on the whole Matter before a vaft Concourfe of People, and with Abundance of Ceremony. For, confidering the ordinary Circumltances of Men of that Pro- feffion^ jhis may be thought not fo much the EfFed of an induftri- xxvi ^ S S A r II. induftrious Temper, ns the necefiary Way of raifing a Namfe* among the Wits, and getting a tolerable Livelihood. And it is rvident, that, under Tome Princes, the moft celebrated of this Tribe, for all their Trouble and Pains in proclaiming their Parts to the Multitude, could hardly keep themfelves from ftarving, as Juvenal obferves of Siatius : Std cum freg'it fid'fellia verfu. Efurit, intaHam Paridi tiijl 'vendiU Ag«ven. I would mean, therefore, the Rehcarfal of all Manner of Compofitions in Profe or Verie, performed by Men of fome Rank and Quality, before they obliged the World with their Publication. This was ordinarily done in a Meeting of Friends and Acquaintance, and now and then with the Admiffion of a more numerous Audience. The Defign they chiefly aimed at was the Corredtion and Improvement of the Piece. For the Author, having a greater Awe and Concern upon him on thefe Occafions than at other Times, muft needs take more Notice of every Word and Sentence, while he fpoke them before the Company, than he did in the Compofure, or in the com- mon Supervifal. Befides, he had the Advantage of all his Friends Judgments, whether intimated to him afterwards in private Conference, or tacitly declared at the Recital by their Looks and Nods, with many other Tokens of Diflike and Ap- probation. In the fuller Auditories he had the Benefit of feeing what took or what did not take with the People ; whofe common Suffrage was of fo great Authority in this Cafe, that Vomponlus Secw7dus, a' celebrated Author of Tragedies, when he ccnfulted with his Friends about the Polifhing any of his Writings, if they happened to differ in their Opinion about the Elegance, juftnefs, and Propriety of any Thought or Ex- preffion; ufcd always to fay, J D PO PULUM PROVOCO, J J P PEAL rO THE PEOPLE, as the beft Decider* of the Controvcrfy [a). The Example of the younger PUny, in this Practice, is very obfervable, and the Account which we have of it is given us by himfelf. 1 om'if (fays he) no JVay or Method that 7nay feein frcper for Correciion : And firji J take a JlriSi View of what I () Eiitrcpiu, lib, 2. (t) Ibid. m ^ m CHAP. 10 ^he Rife and Progrefs Part I. CHAP. IV. Of the Roman Affairs from the Beginning of the firfl Punick War, to thefirfi Triumvirate. B UT the Command of the Continent could not fatisfy the Roman Courage j efpecially while they faw fo delicious an Ifle as Sicily almoft within their Reach : They only waited an Occafion to pafs the Sea, when Fortune prefented as fair an one as they could wi(h. The Inhabitants oi Mejfma^ a Sicilian City, made grievous Complaints to the Senate, of the Daily Encroach- ments of the Carthaginians^ a People of vaft Wealth and Power, and that had the fame Defign on Sicily as the Romans [a). A Fleet was foon manned out for their Afliftance ; and, in two Years Time, no lefs than fifty Cities were brought over [b). The entire Conqueft of the Ifland quickly followed ; and Sardinia and Corfica were taken in and- about the fame Time by a feparate Squadron. And now, under the Command of Regidus and Manlitis, theConfuls, the War was tranflated \i\X.o Jfrica. Three hundred Forts and Caftles were deftroyed in their March, and the victorious Legions encamped under the very Walls of Carthage. The Enemy, reduced to fuch Straits, were obliged to apply them- felves to XantippuSy King of the Lacedamonians^ the greatefl: Cap- tain of the Age; who immediately marched to their Afliftance with a numerous and well-difciplined Army. In the very firft Engagement with the Romans^ he entirely defeated their whole Power : Thirty thoufand were killed on the Spot, and fifteen thoufand, with their Conful Regulus^ taken Prifoners. But as good Succefs always encouraged t\\t Romans to greater Defigns; fo a contrary Event did but exafperate them the more. The new Confuls were immediately difpatched with a powerful Navy, and a fufficient Number of land Forces. Several Campaigns were now wafted, without any confiderable Advantage on either Side : Or if the Romans gained any thing by their Viftories, they generally loft as much by Shipwrecks ; when at laft, the "whole Power of both States being drawn together on the Sea, the Carthaginians were finally defeated, with the Lofs of 125 (fl) Fkrus, lib. 2. cap, :, (*) Eutrop. lib. 2. Ships Book I. of the Rom AN Empire. 1 1 Ships funk in the Engagement, 73 taken ; 32,000 Men killed, and 13,000 Prifoners. Upon this they were compelled to fue for a Peace i which, after much Entreaty, and upon very hard Conditions, was at laft obtained (a). But the Carthaginians had too great Spirits to fubmit to fuch unreafonable Terms any longer than their NecefFities obliged them. In four Years Time (b) they had got together an Army of 80,000 Foot, and 20,000 Horfe (r), under the Command of the famous Hannibal; who forcing a Way through the Pyrenaan Mountains and the y^ips, reputed till that Time impafTable, defcended with his vaft Army into Italy. In four fucceflive Battles he defeated the Roman Forces ; in the laft of which, at Canna^ 40,000 of the latter were killed [d) ; And had he not been merely caft away by the Envy and Ill-will of his owa Countrymen, it is more than poffible that he muft have entirely ruined the Roman Sate [e) : But Supplies of Men and Money being fometimes abfolutely denied him, and never coming but very flowly, the Romans had fuch Opportunities to recruit, as they little expelled from fo experienced an Adverfary. The wife Management of Fabius Maxitnus was the firft Revival of the Roman Caufe. He knew very well the Strength of the Enemy ; and therefore marched againft him without intending to hazard a Battle; but to wait conftantly upon him, to ftraiten his Qiiarters, intercept his Provifions, and fo make the vidlorious Army pine away with Penury and Want. With thisDefign he always encamped upon the high Hills, where the Horfe could have no Accefs to him : When they marched, he did the fame ; but at fuch a Diftance, as not to be compelled to an Engage- ment. By this Policy he fo broke Hannibars Army, as to make him abfolutely defpair of getting any Thing in Italy (f). But the Conclufion of the War was owing to the Conduct of Scipio : He had before reduced all Spain into Subjeilion ; and, now taking the fame Courfe as Hannibal at firft had done, he marched with the greateft Part of the Roman Forces into Africa ; and, carrying all before him to the very Walls of C^r/A*?^^, obliged the Enemy to call Home their General out of Italy^ for the Defence of the City. Hannibal obeyed ; and both Armies coming to an Engagement, after a long Difpute, wherein the Commanders and Soldiers of both Sides are reported to have outdone themfehes, the Vi6lory fell to the Romans, Where- upon {a) Eutrof. lib. 2. [b) Florui lib. 2. cap, 6. (c) Eutrop. lib. 3; (J) Ihid, {e) Cornelius Nepa in vit. Hannibal, (fj Plutarcb, In vit. Fab,. Max. 12 T^he Rife and Progrefs Part L upon the Enemy were obliged once more to fue for a Peace xvhich was again granted them, though upon much harder Conditions than before. The Romans^ by the happy Conclufion of this War, had (o highly advanced themfelves in the Opinion of the neighbouring States, that the Athenians^ with the greateft Part of Greece^ be- ing at this Time miferably enflaved by King Philip of Macedon, unanimoufly petitioned the Senate for Affiftance. A Fleet, with a fufficient Number of land Forces, was prefently dif- patched to their Relief; by whofe Valour the Tyrant, after fe- veral Defeats, was compelled to reftore all Greece to their an- cient Liberties, obliging himfelf to pay an annual Tribute to the Conquerors [a). Hannibal^ after his late Defeat, had applied himfelf to Jntlo' thus King of Syria, who at this Time was making great Pre- parations againft the Romans. Acilius Glabrio was firft fent to oppofe him, and had the Fortune to give him feveral Defeats ; ■when Cornelius Scipio, the Ro?nan Admiral, engaging with the Kings Forces at Sea, under the Command oi Hannibal y en- tirely ruined the whole Fleet. Which Viftory being immedi- ately followed by another as fignal at Land, the effeminate Prince was contented to purchafe a Peace at the Price of almoft half his Kingdom {b). The vidorious Romans had fcarce concluded the publick Re- joicings on Account of the late Succefs, when the Death of King Philip of Macedon prefented them with an Occafion of a more glorious Triumph, His fon Perjes, that fucceeded, re- folving to break with the Senate, applied himfelf wholely to raifmg Forces, and procuring other Neceffaries for a War. Ne- ver were greater Appearances in the Field than on both Sides, moft of the confiderable Princes in the World being engaged in this Quarrel. But Fortune ftill declared for the Romans, and the greateft Part of Perfes's prodigious Army was cut off by the Con- ful /Emiliusy and the King obliged to furrtnder himfelf into the Hands of the Conqueror (c). Authors that write of the four Monarchies, here fix the End of the Macedonian Empire. But Rome could not think herfelf fecure amongft all thefe Conquefts, while her old Rival Carthaoe was yet ftar.ding : So that, upon a flight Provocation, the City after three Years Siege, was taken, and utterly rafed, by the Valour of Publius Scipio, Grandfon, by Adoption, to him that conquered Hanmbal[d.) {a) Eutyrp. 1. 4. [b) ricvus, 1. 2. cap. 8. (f) Fell. Parerc. 1. I. (^)'. In the firft Engagement he received a confiderable Defeat : But the whole Power on both Sides being drawn up on the Plains of TheJJaly, after a long Difpute the Victory fell to Ccsfar, with the intire Ruin of the adverfe Party. Pompey fled diredlly towards Egypt, and Cafar with his vidorious Legions immediately followed. Hearing, at his Arrival, that Pompey had been killed by Order of King Ptolemy y he laid clofe Siege to Alexa7idria the capital City ; and having made himfelf abfolute Mafter of the Kingdom, committed it to the Care of Cleopatra, Sifter to the late King {e). Scipio and Juba he foon after overcame in Africa, and Pompeys two Sons in Spain (f). And now being received at his Return with the general Applaufe of the People and Senate, and honoured with the glorious Titles ©f Father of his Country, and perpetual DiSfator, he was defign- ing an Expedition into Parthia, when, after the Enjoyment of the fupreme Command no more than five Months, he was mur- thered in the Senate-houfe (g) ; Brutus and Cajfms, with moft of the other Confpirators, being his particular Friends, and fuch as he had obliged in the higheft Manner. («) Plutarch, in Crafo. {b) Paten. I. a. (c) Eid. c. 49 (; 2nd to reftore the Commonwealth to the ancient Conftitution, > they unanimoufly agreed in this Opinion, That their Liberty was fooner to be parted with, than fo excellent a Prince. However, to avoid all Offence, he rejected the very Names he thought might be difpleafmg, and, above all Things, the Title of DUla-^ tor, which had been fo odious in Sylla and Cafar. By this Means he was the Founder of that Government which continued ever after in Rome. The new Acquifitions to the Empire were, ia his 'T'ime, very confiderable ; Ca^itabria, Aqidtcmia^ Fannon'ia^ Dalmatia^ and Ulyricum being wholely fubdued : 1 he Germans were driven beyond the River Albis, and two of their Nations, the Suevi and Sicambri, tranl'planted into Gaul (a). Tiberius^ though in Augnjius's Time he had given Proofs of an extraordinary Courage in the Gcrinan War (/;) ; yet upon his own Acceffion to the Crown is memorable for no Exploit but the Reducing of Cappadocia into a Roman Province [c^ \ and this was owing more to his Cunning than his Valour. And at laft, upon his infamous Retirement into the Ifland Caprea^ he grew fo ftrangely negligent of the publick Affairs, as to fend no Lieu- tenants for the Government of Spain and Syria^ for Ic^veral Years ; to let Armenia be over-run by the Parthians, Mcefta by the Dacians and the Sarmatia/ts, and almoft all Gati! by the Ger^ mans ; to the extreme Danger as v^^ell as Difhonour of the Em* pire (d). Caligula^ as he far exceeded his Predeceffor in ail Man- ner of Debauchery, fo, in relation to martial A ffairs, v/as much his Lnferior. However, he is famous for a Mock-Expedition that he made againft the Ger?nans ; when, arriving in tiiat Part of the Low-Countries which is oppofite to Britain., and receiving into his Protection a fuo;itive Prince of the ifi:ind, he fent glo- rious Letters to the Senate, giving an Account of the hiippy Conqueft of the whole Kingdom (^). And foon after making his Soldiers fill their Helmets with Cockle-fliells and Pebbles, {a) Sueton. in Augujl. c. 21. {!>) Paterc. 1. 2. cap. 106, £'f. (.} Europ. 1, 7. (}, upon x'\pplication made to the Srildiers, eafily procured the Mur- ther of the old Prince and his adopted Son ; and by that Means was himfelf advanced to the ImneriaJ Dignitv. About the fame Time the German Army under Fiiellius hav- ing an equal Averfion to the old Emperor with thofe of Rcme^ had fworn Allegiance to their own Commander. Otho^ upon the firft Notice of their Defigns, had fent to otter Vitcllius an equal Share in the Government with himfelf (r). But all Pro- pofals for an Accommodation being refufed, and himfcif com- pelled, as it were, to march againfi the Forces that w^rc fent towards Italy^ he had the good Fortune to defeat them in three fmall Engagements. But having been worried in a greater Fight, zt Bebriaci/m, though he had ftill fufficient Strength for carrying on the War, and expefted daily a Reinforcement from feveral Parts (d) ; yet he could not, by all the Arguments in the World, te prevailed with to hazard another Battle; but, to end the Con- tention, killed himfelf with his own Hands. On this Account Pagan Authors, though they reprefent his Life as the moft ex- a£l Pidure of unmanly Softnefs, yet they generallv confefs hi-s Death equal to the nobleft of Antiquity; and the fame Poet (^), that has given him the lafting Title o\' Mollis Otho^ has yet Jet him in Competition v.'ith the famious Cato^ in Reference to the final Adion of his Life. (a) Suet, in Gall>. cap. 8. (L) Idem, cap. 17. (c) Snet^r.. ir. Otkorif CJp. S. (d) Ibid. cap. 9, (e) Martial. B 2 It 20 _ ^ he Rife and Progrefs Parti. It has been obferved of VitelUm^ that he obtained the Empire by the fole Valour of his Lieutenants, and loft it purely on his own Account. His extreme Luxury and Cruelty were for this Reafon the more deteftable, becaufe he had been advanced to that Dignity, under the Notion of the Patron of his Country, and the Reftorer of the Rights and Liberties of the People. Within eight Months Time the Provincial Armies had una- nimoufly agreed on Vefpafian [a) for their Emperor ; and the Tyrant, after he had been flrangely mangled by the extreme Fury of the Soldiers and Rabble, was at laft dragged into the River Tiber {b). The RepuWicIc was fo far from making any Advancement under the Dirturbance of the three laft Reigns, that fhe muft necefTarily have felt the fatal Confequences of them, had (he not been reafonahly relieved by the happy Management of Vef- pajian. It v/as a handfomeTurn of fome of his Friends, when, by Order of Caligula^ his Bofom had, bv Way of Punifhment, been ftufFed with Dirt, to put this Interpretation on the Acci- dent, that the Commonwealth being miferably abufed, and even trodden under Foct^ (hould hereaftery^y to Ms Bofom for Pro- tection [c). And indeed, he feems to have made it his whole Care and Defign to reform the Abufes of the City and State, occafioned by the Licentioufnefs of the late Times. Nine Provinces he added to the Empire («i), and was fo very exadl ia all Circumftances of his Life and Condufl, that one, who has examined them both with all the Nicenefs imaginable, can find nothing in cither that deferves Reprchenfion, except an immo- derate Defue of Riches (^). And he covertly excufes him for this, by extolling at the fame Time his extraordinary Magnifi- cence and Liberality (f). But perhaps he did not more oblige the World by his own Reign, than by leaving fo admirable a Succeflbr as his Son Titus ; the only Prince in the World that has the Charader of never doing p.n ill A(5lion. He had given fufficient Proof of his Courage in the famous Siege of JeruJaUfn^ and might have met with as good Succefs in other Parts, had he not been prevented by an untimely Death, to the univcrfal Grief of Mankind. But then Dornilian fo far degenerated from the two excellent Examples of his Father and Brother, as to feem more emulous (^) Sutcn. in VileU. cap. 15, ih'] Id. ib, cap. 17. [c) Sueton, in Vefpaf, cap. 5. {d) kutiif. iii;. 7. {ej Id, ib. va;-. j6. (fj Id. ib, cap. 17, 18. of i Book L Of the Roman Empire. 21 of copying Nero and Caligula. However, as to martial Af- fairs, he was as happy as moft of his Predeceflbrs, having, in four Expeditions, fubdued the Cattt, Dad, and the Sarmatlaus^ and extinguiftied a Civil War in the firft Beginning («). By this Means he had fo entirely gained the AfFe6tions of the Sol- diers, that when we meet with his neareft Relations, and even his very Wife engaged in his Murther (/<), yet we find the Army fo extremely diflatisfied, as to have wanted only a Leader to revenge his Death [c). (a) Sueton. in Djir.it. cap. 6. {b) Id, ib. cap. 14. (f) Id. ib. cap. 23. CHAP. VI. Of the Roman A fairs from Domltian to the EJid of Conilantine the Great. T 'HE two following Emperors have been defervedly ftiled The Reftorers of the Roman Grandeur ; w^hich, by Reafon of the Vicioufnefs or Negligence of the former Princes, had been extremely impaired. Nerva^ though a Perfon of extraordinary Courage and Virtue, yet did not enjoy the Empire long enough to be on any other Account fo memorable, as for fubftiiuting fo admirable a Suc- ceflbr in his Rooms as Trojan. It was He, that for the Happinefs which attended his Un- dertakings, and for his jufl and regular Adminiftration of the Government, has been fee in Competition even with Romulus himfelf. It was he that advanced the Bounds of the Empire farther than all his Predeceflbrs ; reducing into Roman Pro- vinces the five vaft Countries of Dacia, JJ/yrm, Armenia^ Me- jopotamia^ and Arabia (a). And yet his prudent Management in Peace has been generally preferred to his Exploits in War ; his Juftice, Candour, and Liberality having gained him fuch an univerfal Efteem and Veneration, that he was even deified before his Death. (a) Eutrop. ];b. 8. B 3 Adrian'^ 21 TXv Rife and Progrejs Part I. Adrians Charader was generally more of the Scholar than the Soldier: Upon which Account, as much as out of Envy to his Predeceffor, he flighted three of the Provinces that had been taken by Trajan, and was contented to fix the Bounds of the Empire at the hiver Euphrates (a). But perhaps he is the firft of the Roman Emperors that ever took a Circuit round his Do- niinions, as we are afliired he did (b). Avtoninus Pius ftudied more the Defence of the Empire, than the Enlargement of it. However, his admirable Prudence, and firict Reformation of Manners, rendered him perhaps as fervice- able to the Commonwealth as the greateft Conquerors. The two Jntonini, Marcus and LuciaSy were they that made the firft Divifion of the Empire. They are both famous for a fuccefsful Expedition agz'inik the Part hians : Ard the former, who was the longeft Liver, is efpeciaily remarkable for his ex- traordinary Learning, and ftri^l Profeflion o{ Stoicifm-t whence he has obtained the Name of the Phikjopher. Coirmcdus Was as noted for all Manner of Extravagancies, as his Father had been for the contrary Virtues, and, after a very fliort Enjovment of the Empire, was murthered by one of his Miftrefies (>). Periiriax too was immediately cut off by the Soldiers, who found him a more rigid Exador of Difcipline, than they had been lately ufed to. And now claiming to themfelves the Piivilege of chufing an Emperor, they fairly expofed the Dig- pity to Sale(^i). Didius Ju'ian was the higheft Bidder, and was thereupon in- verted with the Honour. But as he only expofed himfelf to Ridicule, by fuch a mad Projedi, fo he was in an Inftant made away with, in Hopes of another Bargain. Zofimus makes him no better than a Sort of an Emperor in a Dream [e). But the Roman Valour and Difcipline were in a great Mea- fure relfored by Severus. Befides a famous Victory over the FarthianSy the old Enemies of Ro^ne^ he fubdued the greateft Part of Perfia and Arabia, and marching into This Ifland, Britain, delivered the poor Natives from the miferable Tyranny of the Scots and Pi^s ; which an excellent Hillorian (fj calls the greateft Honour of his Reign. A'ltonmus Caracalla had as much of a martial Spirit in him as hi? Father, but died before he could defign any Thing memo- es) Eump. lib. 8. {h) Id. ibid, (c) Zofimus, Hill. lib. i. {d) Ibid, (0 Ibid, ^f) Mliui ofartian. in Sever. Book I. of the K OMAN Ewpire. '2 % rable, except an Expedition againfl: the Parthiam, which he had juft undertaken. Opilius MacrintiS and his Son Dladwnen had made very little Noife in the World, when they were cut oiF without much Difturbance, to make Room for Heliogabalus, Son of the late Emperor. If he was extremely pernicious to the Empire by his extra- vagant Debaucheries, his Succefibr Alexander Severus was as fer- viceable to the State in reftoring Juftice and Difcipiine. His nobleft Exploit was an Expedition againft the Per/tans^ in which he overcame their famous King Xerxes [a). Maximln., the firft that from a common Soldier afpired to the Empire, was foon taken ofF by Pupietius^ and he, with his Colleague Balbhius, quickly followed, leaving the fupreme Command to Gordian, a Prince of great Valour and Fortune, and who might probably have extinguifhed the very Name of the Perfians (b), had he not been treacheroufly murthcred by Philip, who, within a very little Time, fuftered the like For- tune himfelf. Deciusy in the former Part of his Reign, had been very fuc- cefsful againft the Scythians and other barbarous Nations ; but was at laft killed, together with his Son, in an unfortunate Engagement [c). But then Gallus not only ftruck up a fhameful League with "the Barbarians, but fuffered them to over-run all Thrace^ Thcf- faly, Macedon, Greece^ (d) iffc. They were juft threatening Italy, when his Succefibr Mmi- lian chaced them off" with a prodigious Slaughter : And, upon his Promotion to the Empire, promifed the Senate to recover all the Roman Territories that had been entirely loft, and to clear thofe that were over-run [e). But he was prevented after three Months Reign, by the common Fate of the Emperors of that Time. After him Valerian was fo unfortunate as to lofe the greateft Part of his Army in an Expedition againft the Perfians, and to 'be kept Prifoner himfelf in that Country till the Time of his Death C/;. Upon the Taking of Valerian by the Perfians, the Manage- ment of Affairs was committed to his Son GalUcnus ; a Prince fo extremely negligent and vicious, as to become the equal * (d) Eutrof. lib. 8. [b') Pompon. Lattis in G^rdian. (f) Idem, Jn Duio, ^J Jdan, in Gulk, {c) Idem, 'Lid, (f) Idem, in VaUriang^ B A. Scorn .24 ^'^^ -R^ ^^^^ Progrefs Part I. Scorn and Contempt of both Sexes () ; and he was very fortunate in the. War againll the famous Attila \.\\z Hun ; but his Imprudence, in putting to Death his beft Commandt-r Mtius, haftened very much the Ruin of the Roman Cauie, the barbarous Nations now carrying all before them, without any confiderable Oppofition. By this Time the State was given over as defperate ; and what Princes followed 'till the Taking of the City by 0^(jc7ffr, were on- ly a Company of m.iferable, (hort-lived Tyrants, remarkable for nothing but the ^vleannefs of their Extraction, and the Poornefs of their Government ; fo that Hiftorians generally pafs them over in Sdence, or at moft with the bare Mention of their Names. (a) Pj-jL Dij::r.. Cf Pompcfl, Lat, {h) Pomto-i. Lat. The -2S The Rife, &c. Part I. The beft Account of them v/e can meet with, is as follows : AlaximuSy who, in order to his own Promotion, had procured the Murther of Valenthiian, foon after compelled his Widow Eudoxia to accept of him as a Hufband ; when the Emprefs, entertaining a mortal Hatred for him on many Accounts, fent to Genferic^ a famous King of the Vandals^ and a Confederate of the late Emperor's, defuing his Affirtance for the Deliverance of herfelf and the the City, from the Ufurpation of the Tyrant. Genferic eafily obeyed ; and, landing with a prodigious Army in Italy^ entered Rome without any Oppofition ; where, contrary to bis Oath and Promife, he feifed on all the Wealth, and carried it, with feveral Thoufands of the Inhabitants, into Jfrick {a). Avitus^ the General in Gaul^ v;as the next that took upon him the Name of Emperor, which he refigned within eight Months {b). Majorianus fucceeded ; and after three Years left the Honour to Seve?-us, or Severian ; who had the Happinefs, after four Years Reign, to die a natural Death (c). After h\m, "Jnthemius was eleded Emperor, who loft his Life and Dienity in a Rebellion of his Son-\n-L,aw Ricimer [d). And then Olybrius was fent from Conjlautinopk too, with the fame Authority ; but died within feven A4onths {e). LiariiiSy or Glycer'ius^ who had been eledled in his Room by the Soldiers, was immediately almoft depofed by Ncpos ; and he himfelf quickly after by Orejles (f) ; who made his Son Auguftns, or Augujlulus^ Emperor. And now Odoacer, King of the He-' ruli, with an innumerable Multitude of the barbarous Nations, ravaging all Italy^ approached to Rome^ and entering the City without any Refinance, and depofing Augujlulus^ fecured the Imperial Dignity to himfelf; and though he was forced after- wards to give Place to Theodor'ic the Goth, yet the Romans had never after the leaft Command in Italy. {a) Paul. Diacon. & Ei'agrius Hi/i. Err/ef. lib. 2. can. 7. [hj Id. ihid. (e) Paul. Diacon. lib. i6. (d) Ibid. («) Ibid. (J) Jcnandes de Regn, Succe£\ THE THE Antiquities of R O 7i4 E, P A R T II. B O O K I. Of the C I T Y, CHAP I. Of the Pomoerium, and of the Form and Bignefs of the City, according to the Seven Hills. l^j^Aj^j^g^jj^.jiJt-^ EFORE we come to pleafe ourfelves with '^^^^^^^^"%f^ a particular View of the City, we mufi, by if&Wfi^ffi^^:S'% all Means, take Notice o^. the Porr.osrium. ^G^ they/^/^«rj, at the firft Building of Cities, folemnly confecrated, and on which no Edifices were fuffered to be raifed [a). But the Account which Plutarch gives us of this Matter, in Reference to Rotne itfelf, is fufficient to fatisfy our Curiofity ; and is delivered by him to this Purpofe : Romulus having fent for fome of the Tufcam^ to inftrucTt him in the Cere- monies to be obfcrved in laying the Foundations of his new Citv, the Work was begun in this Manner : Firft. They dug a Trench, and threw into it the Firfl- Fruits of all Things, either good by Cuftom, or neceiTary by Nature ; And every Man taking a fm'all Turf of Earth o^ the Country from whence he came, they all caft them in promifcuoufly to- gether ; making this Trench their Centre, they de.'cribed the City in a Circle round it; Then the Founder fitted to a Plough I (:/) Li-v. uc. :. a bruresi 30 Of the CiT Y. Part II. a brafen Plough-fliare ; and yoaking together a Bull and a Cow, drew a deep Line or Furrow round the Bounds ; thofe, that followed after, taking Care that all the Clods fell inwards toward the City. They built the Wall upon this Line, which they called Pomcerium, from Pone Moenia {a). Though the Phrafe of Po7ncernan profcrre be comnicnly ufed in Authors, to fignify the Enlarging of the City ; yet it is certain the City might be enlarged without that Ceremony. For Tacitus and GcUius declare no Perfon to have had a Right of extending the PoTncerium^ but fuch an one as had taken away fome Part of an Enemy's Country in War ; whereas it is manifeft, that feveral great Men, who never obtained that Honour, increafed the Buildings with confiderable Additions. It is remarkable, that the fame Ceremony, with which the Foundations of their Cities were at firft laid, they ufed too in defiroying and rafing Places taken from the Enemy ; which we find was begun by the Chief Commander's turning up fome of the Walls with a Plough {b). As to the Form and Bignefs of the City, we muft follow the common Diredion of the Seven Hills, whence came the Phrafe ofUrbs S^pticoIIis, and the like, fo frequent with the Poets. Of thefe Jl^ons Palaiinus has ever had the Preference ; whe- ther fo called from the People P^jZ???;/^'^, ov Palatini ; or from the Bleating and Strolling of Cattle, in Latin, Balare and Palare ; or from Pales, the Paftoral Goddefs ; or from the Burylng-Placc of Pallas, we find difputed, and undetermined among the Au- thors. It was in this Place that Romulus laid the Foundations of the City, in a Quadrangular Form ; and here the fame King and TuHus Hofiiliiis kept their Courts, as did afterwards Augufius, and all the fucceeding Emperors ; on which Account, the Word Pahftium came to fignify a Royal Seat {c). T'his Hill to the Eall has Mo7is Ccel'us -, to the South, Mom Avejitinus ; to the Weft, Mons Capitolinus i to the North, the Forum [d). In Compafs twelve hundred Paces {e). Mons Tarpeius took its Name from Tarpeia, a Roman Virgin, who betrayed the City to the Sah'mes in this Place f/). It was called too Mons Saiurni and Saturnius, in Honour of Saturn, who is reported to have lived here in his Retirement, and was ever (a) Plutarch, In Rcmitl. {b) Der.pjler. ParaUfcm, ad Rofn. lib. i. cap. 3. (c) R'-Jin. Antiq. Jib. I. cap. 4. {d) FuLii.ii Ronui, cap. 3. (t) Martian Topo- graph. Aftiq. Ri/na; lib. 1. cap. 14. {/) Plutarch, in Riwul. reputed Book I. Of the City. 31 reputed the tutelar Deity of this Part of the City. It had after- wards the Denomination of CapitoUnus^ from the Head cf a Man cafually found there in digging for the Poundadons of the fa- mous Temple of 'Jupiter [a]^ called CapitoUiim^ for the fame Reafon. This Hill was added to the City by Titus Tatius^ K^'f^g of the Sab'mes, when, having been firft overcome in the Field hy Romulus, he and his Subjects were permitted to incorporate with the Romans [h). It has, to the Eaft, M:ns Palatinus and the Forum ; to the South, the Tiber ; to the Weil, the level Fart of the City ; to the North, Collis ^drijuiUs [c). In Compafs kvcn Stadia or Furlongs [d). Collis ^uirinalis was fo called either from the Temple of ^7//- rinus, another Name of Romulus ; or more probably from the CureieSy a People that removed hither with Tatius from Cures, a Sabine City [e). It afterwards changed its Name to CaballuSy Mons Caballi., and Caballivus, from the two marble Horfcs, with each a Man holding him, which are fct up here. They are ftill ftanding; and, if the Infcription on the Pilaflers he true, were the Work of Phidias and Praxiteles (f) ; made by thofe famous Maflers to reprefent Jlexa7:der the Great, and his Buce- phalus, and fent to Nero for a Prefent by Tiridates King of yfr- menia. This Hill was added to the City by Nurna{g). To the Eaft, it has Mons Efquilinus and Mons Vitninalis ; to the South, the Forums of Cccfar and Nerva; to the Weft, the level Part of the City ; to the North, Collis Hortulorum, and the Campus Mariius (/;). In Compafs almoft three Miles (/"). Mons Ccelius owes its Name to Ccelius or Cceles, a famous Tufcan General, who pitched his I cnts here, when he came to the Afliftance of i2) Dicnyjlus. (f) Falridi R'ina,C3.^. 3. [d) Mar- Jian. lib. i. cap. l. {e) Sext.Pcmp. Fejltn. (/) Fi>hric:i R(,ma,Qi^. 3. (g) D:c\f. HaliC. Lb. 2, {h) Fahridi Rima, cap, 3. (;') Marl:an. 1. i. c. i, {k) Varrc de. Ling. Lat. lib. 4. (/j Lib. i, cap. 50. (w.-) Lib. 3, (») Geog). 1. 5. {0) Tat.t. Ann, 4. Svet, in T^ib. cap. 48. (p) Faovidi 'Rama, cap. 3. To 32 Of the Ci T Y. Part II. To the Eaft, it has the City- Walls; to the South Mom Avent'inia ; to the Weft, Mons Palatlnus ; to the North, Mom Efqii'dinns [a). In Compafs about two Miles and a Half (Zi). Mons EfquUinus was antiently called Cijpius and Opplus [c) : The Name of EfgidHnus was varied for the eafier Pronunciation, from E.rquilinusy a Corruption of Excuhinus^ ab Excubiis, from the Watch that Ro?nulus kept there [d). It was taken in by Ser- vius TuUius (^), who had hete his Koysl Seat [f). Varro will have the EfquU'ne to be properly tv\o Mountains (^) ; which Opinion has been fince approved of by a curious Obferver (/;j. To the Eaft, it has the City-Walls ; to the South, the Via Lahicana ; to the Weft, the Valley lieing between Mons Cccdus and Mons Palatinus; to the North, CoUis Viminalis [i). In Compafs about four Miles [k), ^jy • Mons Vdninalls derives its Name from the *Of!ers . ^j^^j. grew there in great Plenty. This Hill was taken in by Servius TuUius [I). To the Eaft, it has the Campus Efquincdis ; and to the South, Part of the Suhurra and the Forum ; to the Weft, Mons ^dri~ nalis ; to the North, the VaUis ^drinalis (m). In Compafs two Miles and a Half (7^). The Name of Mons Aventinus has given great Caufe of Dif- pute among the Criticks, fome deriving the Word (ycAn Aventi- nus zn J/han King (o) ; fome from the R'wer Avens (p) i and others ab Avibus^ from the Birds which ufed to fly thither in great Flocks from the Tiber (q). It was called too Aiitrcius^ from Murcia^ the Goddefs of Sleep, who had there a Sacedum, or lit- tle Temple (r) ; Codis Diana, from the Temple of Diana [s] ; and Rcmoniiis from Remus, who would have had the City begun in this Place, and was here buried [t). A. Gcdius affirm.s [u)^ That this Hill, being all along reputed facred, was never in- clofed within the Bounds of the City 'lill the Time of Claudius. But Eutropius {iv) exprefsly attributes the Taking of it in to Ancns Martius; and an old Epigram inferted by Cufpinian, in his Comment on Cnjfiodorus, confirms the fame. To the Eaft, it has the City-Walls ; to the South, the Cam- [a) Jbid, [b) Marl'rati, lib. I. cap I. (c) Fahrkii Rofna, C3p. 3. (d) Profert. lib 2, Elig. 8. (?) Li'v, lib. I. c.ip. 44. (_/") lb. [g) De Lir.g. J.itiin. 1. 4.. {h) Murlian. lib. I. cap. I. {i) FairUt! Ror>a, cap. 3. {k) Marlian. 1. I. c. I. (/) DIcnyf. L 4. [m) Fabricii Ryma, c. 3, (r) Marliar. lib. j. cap, I. (5) Vtnn ) lb. {q) lb. {>■) S>:xt. Pom/>. Fcjiuu (i) MayUal. (r) Flut.'mRcmul. (k) Lib. 13. cap. 14. . (li) Lib, 1. tus :&ookL Of the City. 33 tm Figulinui \ to the Weft, the Tihcr j to the North, Mom Palatinus{a). In Circuit eighteen Stadia, or two Miles and a Quarter [b). Befides thefe feven principal Hills, three other of inferior Note were taken in in later Times. Collls Hortuloriim, or Hortorum, had its Name from the fa- mous Gardens of Salluji adjoining to it(<:). It was afterwards called Pincius, from the Pinciiy a noble F'amily who had here their Seat [d). The Emperor Jurelian firft inclofed it within the City- Walls {e). To the Eaft and South it has the plaineft Part of Mons ^l- rlnalis ; to the Weft the rallis Martia ; to the North the Walls of the City (/). In Compafs about eighteen Stadia (g). 'Janiadum, or Janicularis^ was fo called either from an old Town of the fame Name, faid to have been built by "Janus '^ or, becaufe Janus dwelt and was buried there (Z') ; or, becaufe it was a Sort of * Gate to the Romans, * Janua. whence they iflued out upon the Tzifcans (i). The iparkling Sands have at prefent given it the Name of Mons . Aureus, and by Corruption Mo-ntorius [k). We may make two Obfervations about this Hill, from an Epigram of Martial: That it is the fitteft Place to take one's Standing for a full Pro- fpe6l of the City ; and that it is lefs inhabited than the other Parts, by Reafon of the Groflhefs of the Air (/). It is fiill fa- mous for the Sepulchres of Numa^ and Statins the Poet {m). To the Eaft and South it has the Tiber j to the Weft the Fields j to the North the Vatican («). In Circuit (as much of it as ftands within the City- Walls) five Stadia {o). Mons Faticanus owes its Name to the Anfwers of the Fates or Prophets, that ufed to be given there ; or from the God Fa- iicanus or Fagitanns (p). It feems not to have been inclofed within the Walls 'till the Time oi Aurelian. This Hill was formerly famous for the Sepulchre of Scipia Africaniis ', feme Remains of which are ftill to be feen (q). But it is more celebrated at prefent on Account of St. Pe^ {a) Fabrici: Roma, cap. 3. (i) Marliar., lib. i. cap. i. \c) Rcfiii. lib. I, cap. 11. (i) Ibid. (e) Ibid. (/) Fabricii Roma, cap. 3. {g) Mariian. lib. 1. cap, i. \h') Rofin. lib. I. cap. 11. (;) Fejius, {k) Fabricii Rcn:a, cap. 3. (/) Martial. Epig. lib. 4. Ep. 64. [m] Fabricii Roma, lib. 1. cap. 3, (n) Hid. {0) Marliatt. iib, I, cap, I. (/>) Fefius, {q) fFarcufs Hift. oi I:a{y, Book II. C tir'i 34 Of the City. Part II. ter% Church, the Pope's Palace, and the nobleft Library in the World. To the Eaft it has the Campus Faticanus, and the River ; to the South the Jiwiciilu7n ; to the Weft the Campus FiguUnus, or Potters Field; to the North the Praia ^intia[a). It lies in the {hape of a Bow drawn up very high ; the con- vex Part ftretching almoft a Mile [b). As to the Extent of the whole City, the greateft we meet with in Hiftory was in the Reign of Valerian^ who enlartjed the Walls to fuch a Degree as to furround the Space of fifty Miles [c). The Number of Inhabitants, in its flcurifhing State, Z//y/«J computes at four Millions {^/). At prefent the Compafs of the City is not above thirteen, Miles [e). {a) Fabricii Roma, cap. r;. {b) Murliati. lib. I. cap. I, [c) Vopijc. In Auieliano. (d) De Mognitud, Rom, [e) Fabricii Roma, cap. 2. CHAP. II. Of the Divifon of the City z;^/(? Tribes ^;z^/ Regions j and of the Gates and Bridges. jyO MULUS divided his little City into three Tribes ', and •**• Servius Tullius added a Fourth ; which Divifion continued till the Time o'i Aiigujius. It was he firft appointed the Four- teen i?!£'_^/5«5 or JVards : An Account of which, with the Num- ber of Temples, Baths, isc. in every Region, may be thus taken from the accurate F anvin'ms . REGION I. PORrA CAPENA. Streets 9. Arches 4. Luci 3. Barns 14. Temples 4. Mills 12. jEdcs 6. Great Houfes 121. Publick Baths 6. The whole Compafs 13223 F>et. REGION II. COELIMONTIUM. Streets 12. Private Baths 80. Luci 2 The great Shambles Temples Book t. Of the CiT y. ^^ Temples 5. Barns 23. The publick Baths of the Mills 23. City. Great Houfes 133* The Compafs 13200 Feet. REGIONIII. ISIS 2ind SERJPIS. Streets 8. The Baths of T/V«;, Trojon^ Temples 2. and Philip. The Amphitheatre of Vefpa- Barns 2g, or 19. fian Mills 23. Great Houfes 160. The Compafs 1245Q Feet. REGION IV. VIA SACRA, or r EM PLUM PACIS. Streets 8. and Conjlantine. Temples 10. Private Baths 75. The ColoJJus of the ^un^ 120 Barns 18. Feet high. Mills 24. The Arches of Titus., Severus, Great Houfes 138. The Compafs 14000 ; as fome fay, only Scco Feet. REGION V. ES^UILINA. Streets 15. Piivate Baths 75. Luci 8. Barns 18. Temples 6. Mills 22. /Edes 5. Great Houfes 180. The Compafs 15950 Feet. REGION VI. ACTA SEMITA, Streets 12, or 13. Private Baths 75. Temples 15. Barns 19. Porticos 2. Mills 23. Circi 2. Great Houfes 155. Fora 2. The Compafs 15600 Feet. C 2 P>. E- 3^ Of the City. Part 11. REGION VII. VIA LA'TA. Streets 40. Temples 4. Private Baths 75. Arches 3. Mills 17. Barns 25. Great Houfes 120. The Compafs 23700 Feet. REGION VIII. FORUM ROMANUM. Streets 12. Temples 21. Private Baths 66. Mdes 10. Porticos g. Arches 4. Fo7-a 7. Curia 4. Bajilica 7; Columns 6. Barns 18. Mills 30. Great Houfes 150. The Compafs 14867 Feet. REGION IX. CIRCUS FLAMINIUS, Streets 20. Curia 2. Temples 8. Therma 5. Mdes 20. Arches 2. Porticos 12. Columns 2. Circi 2. Mills 32. Theatres 4. Barns 32. Baftlicce 3. Great Houfes 189. The Compafs 30560 Feet. REGION X. PALAriUM. Streets 7. Temples 10. Mdes 9. Theatre i. Curia 4. Private Baths 15. Mills 12. Barns 16. Great Houfes 109. The Compafs 11 600 Feet. REGION Book I. Of the Cir y. 37 REGION XI. CIRCUS MAXIMUS, Streets 8. Barns 16. /Edes 22. Mills 12. Private Baths 15. Great Houfes 189. The Compafs 11 600 feet. REGION XII. PISCINA PUBLIC A, Streets 12. Barns 28. Mdes 2. Mills 25. Private Baths 68. Great Houfes 128. The Compafs 1 2000 Feet. REGION XIII. AVENTINUS. Streets 17. Barns 36. Luci 6. Mills 30. Temples 6. Great Houfes 155. Private Baths 74. The Compafs 16300 Feet. REGION XIV. TRANSriBERINA. Streets 23. Barns 20. /Edcs 6. Mills 32. Private Baths 136. Great Houfes 150. The Compafs 33409 Feet. As to the Gates, Romulus built only three, or (as fome will have it) four at moil. But, as the Buildings were enlarged, the Gates were accordingly multiplied i fo that P///:;' tells us, there were thirty-four in his Time. The moft remarkable were, Porta Flumei:tana, fo called, becaufe it flood near the River. Porta Flamhna^ owing its Name to the Flaminian Way, which begins there. Porta Carmentalis, built by Romulus^ and fo called from Car^ menta the Prophetefs, Mother of Evander, Porta Navia^ which Farro derives a nemorlbus^ from the Woods which formerly flood near it. C 3 Porta 3$ Of the City. Part 11. Pcrta Saliafic7, deriving its Name from the Salt which the Sab'ines ufed to bring in at that Gate -from the Sea, to fupply the City. Porta Capena, called fo from C^pua, an old City of Italy ^ to which the Way lay through this Gate. It is fometimes called Appia^ from Jppius the Cenfor; and Tr'iumphalis, from the Triumphs in which the Proceflion commonly pafTed under there ; and Fontinalis, from the JqueducJs which were raifed over it : Whence Juvenal czlhky Madida Cap£naj zx\i Martial, Capena, grandi Portzi quts plu'it guiia. The Tiber was pafled over by eight Bridges ; the Names of which are thus fet down by MarUan, Alilvius, /Elius, Vatkanus, yan'iaiknfis, Ccjl'ius^ Fabricius, PalatinuSy and Sublicius. CHAP. III. Of the Places of Worfhip ; particularly of the Temples and L u c i. "DEFORE we proceed to take a View of the moft remark- ^ able Places fet apart for the Celebration of Divine Service, it may be proper to make a fiiort Obfervation about the general Names, under which we meet with them in Authors. Ternplum then was a Place which had not been only dedi- cated to fome Deity, but withal formerly confecrated by the Augurs. Mdes Sacra;, were fuch as wanted that Confecration ; which if they afterwards received, they changed their Names to Tem- ples. Vid. Jgell. L. XIV. C. 7. Delulrum, according to Servius, was a Place that, under one Roof, comprehended feveral Deities. Md'iada is only a Diminutive, and fignifies no more than a little /TJei. Sacellum may be derived the fame Way from ALdcs Sacra, "^ejlus tells us, it is a Place facred to the Gods without a Roof. It were endlefs to reckon up but the bare Names of all the Temples we meet with in Authors. The moft celebrated ori all Accounts were the CaUtd and the Pantheon. The /'.v>-. Ca-PXT OLIJJI^ Book I. Of the C I T Y. 39 The Capitol^ or Temple of Jupiter Capiiollfws, was the Effect of a Vow made by Tarquiniiis Prifais in the Sabine War [a). But he had fcarce laid the Foundations before his Death. His Nephew, Tarquin the Proud., finiftied it with the Spoils taken from the neighbouring Nations [b). But upon the Expulfion of the Kings, the Confecration was performed hy Horatius the Con- ful(^). The Structure flood on a high Ridge, taking in four Acres of Ground. The Front was adorned with three Rows' of Pillars, the other Sides with two(r/). The Afcent from the Ground was by a Hundred Steps (e). The prodigious Gifts and Ornaments with which it was at I'everal Times endowed, almoft exceed Belief. Suetonius (/) tells us, that Augujlus gave at one Time two Thoufand Pounds Weight of Gold : And in Jewels and precious Stones, to the Value of Five Hundred Sejlertia. Livy and Pliny [g) furprife us with Accounts of the brafen Threfholds, the noble Pillars that SyUa rem.oved thither from Athens out of the Temple of Jupiter Olympius j the gilded Roof, the gilded Shields, and thofe of folid Silver ; the huge Veffels of Silver, holding three Meafures ; the Golden Chariot, is'c. This Temple was firft confumed by Fire in the Marian War, and then rebuilt hy Sylla; who, dying before the Dedication, left that Honour to ^dntus Caiulus. This too was dem.olifhed in the Vitellian Sedition. Vefpafian undertook a Third, which was burnt about the Time of his Death. Domitian raifed the laft and moft glorious of all : in which the very Gilding amounted to twelve Thoufand Talents (/;). On which Account Plutarch [i) has obferved of that Emperor, that he was, like Jlfidas, defnous of turning every Thing into Gold. There are very little Remains of it at prefent; yet enough to make a Chrijiian Church [k). TOjC Pantheon was built by Alarcus Jgrippa^ Son-in-Law to Augujlut Cafar ; and dedicated either to Jupiter TJltor^ or to Aian and Venule or, more probably, to all the Gods in general, as the very Name {quafi Twv '^kvi^v ©sav) implies. The Struc- ture, according to Fabricius (/}, is a Hundred and Forty Feet High, and about the fame Breadth. But a later Author has in- creafed the Number of Feet to a Hundred and Fifty-eight. The Roof is curioufly vaulted, void Places being left here and there for the greater Strength. The Rafters were Pieces of Brafs of (a) Li-v. lib. 1. [h) Ibid, (f) Plutarch, in Pop!, col. (■/) Diovyf. Halu.v. (c) Tacitus. (/) In Auguji. cap. 30. {g) Li-v. 1. 35. 58, Plin. \. 33, &c. {ly) Fhtarcb, in PopUctia. (/) Ibid, {k) Fabricii RDV.a, cap. 9, (/} Uid. C 4 Forty 40 Of the City. Part II. Forty Feet In Length. There are no Windows in the whole Edihce, only a round Hole at the Top of the Roof, which ferves very well for the Admillion of the Light. Diametrically under, is cut a curious Gutter to receive the Rain. The Walls on the Infidc are either fulid Marble, or incrufted [a). The Front oti the Outfide was covered with brafen Plates gilt, the Top with filver Plates, which are nov/ changed to Lead (/;). The Gates were Brafs, of extraordinary Work and Bigners(<:). This Temple is ftill {landing with little Alteration, befides the Lofs of the old Ornaments, being converted into a Chriftian Church by Pope Boniface ilL (or, as Pclydore Vtrgil^d) has it, by Boniface IV.) dedicated to St, Mary and all Saints, though the general Nairic be St. Mary clc Roionda [e). The moft re- markable Difference is, that, whereas heretofore they afcended by tvv-elvr Steps, they now go down as many to the Entrance (yj. The Ceremony of the Confecration of Temples (a Piece of Superflition very wsll worth our Notice) we cannot better ap- prehend, than by the following Account which Tacitus gives us of that Solemnity in Reference to the Capitol, when repaired by Vefpafian : Though, perhaps, the chief Rites were celebrated upon the entire Raifing of the Structure, this being probably intended only for the Hallowing the Floor. Undccimo Kakndas Julias [g). &c. * Upon the 2ift o^'Juney < being a very clear Day, the whole Plot of Ground defigned tor * the Temple, was bound about with Fillets and Garlands. Such ' of the Soldiers as had lucky Names, entered firft with Boughs ' in their Hands, taken from thofe Trees, which the Gods more * efpecially delighted in. Next came the Veflal Virgins, with ' Boys and Girls whofe Fathers and Mothers were living, and *■ fprinkled the Place with Brook- Water, River-Water, and ' Sprii:g- Water. Then Hchidius Prifcus the Pnetor [Plautus * MUan., one of the Chief Priefts, going before him) after he * had performed the folemn Sacrifice of a Swine, a Sheep, and a < Bullock, for the Purgation of the Floor, and laid the Entrails * upon a green Turf; hua".bly befought Jupiter, Juno, Adinerva ' and the other Deities Protestors of the Empire, that they * would be pleafed to profper their prefent Undertaking, and ' accomplifli, by their Divine Affiftar.ce, what human Piety had * thus begun. Having concluded this Prayer, he put his Hand * to the Fillets, to which the Robes, with a great Stone faitened (a) M.7;v'ww. Topogiavh. Rem. AnUq. lib. 6. cap. 6. {I) Ibid. & Fabric Roma. cap. 9. (c) T.'Iarl-atf, Ibid, {d) hib. 6. cap. 8. (f) Fabric, cap. 9. (/) Ibid, (^-) H//2«/-.Ub.4. m Book I. Of the City. 4t ' in them, had been tied for this Occafion ; when Immediately « the whole Company of Priefts, Senators, and Knights, with < the greateft Part of the common People, laying hold together < on the Rope, with all the Expreflions of Joy, drew the Stone < into the Trench defigned for the Foundation, throwing in < Wedges of Gold, Silver, and other Metals which had never ' endured the Fire.' Some curious Perfons have obferved this Similitude between the Shape of thefe old Temples and our modern Churches : That they had one Apartment more holy than the reft, which they termed Cella, anfvvering to our Chancel or Choir : That the Porticos in the Sides were in all Refpcds like to our Ifles ; and that our Navis, or Body of the Church, is an Imitation of their BafiHca [a). There are two other Temples particularly worth our Notice; not fo much for the Magnificence of the Struiture, as for the Cuftoms that depend upon them, and the remarkable Ufe to which they were put. Thefe are the Temples of Saturn and Janus. The firft was famous upon Account of ferving for the Publick Treafury : The Reafon of which fome fancy to have been, be- caufe Saturn firft taught the Italians to coin Money; or, as Plutarch conjeilures, becaufe, in the Golden Age under Saturn, all Perfons v/ere honeft and fincere, and the Names o{ Fraud and Covetoufnefs unknown to the World [b). But, perhaps, there might be no more in it, than that this Temple was one of the ftrongeft Places in the City, and fo fitteft for that Ufe. Here were preferved all the public Regifters and Records, among which were the Libri Elephantlni, or great Ivory Tables, containing a Lift of all the Tribesy and the Schemes of the publick Accounts. The other was a fquare Piece of Building, (fome fay of entire Brafs) fo large as to contain a Statue of 'Janus five Feet high ; with brafen Gates on each Side, which ufed always to be kept open in War, and fhut in Time of Peace (c). But the Romans were fo continually engaged in Quarrels, that we find the laft Cuftom but feldom put in Pradice. Firft, all the long Reign of Nunia. Secondly, A. U. C. 519. upon the Conclufion of the firft PunickWzx. Thirdly, by Au- gitjlus A, U. C, 725. and twice more by the fame Emperor A. U. C. 729. and again about the Time of our Saviour's Birth. Then by Ncroy A. U. C. 811. Afterwards by Vefpaftan A. U. C. 824. And hiftly by Conjlantius, when, upon Magnen- [a) FoUetus Hift. Rowan. Fioii, lib. I. cap. 3. (i) Plutarch, in Problem, (<.) Marlhtn, Topog. Ram, Antiq. lib, 6. cap. 8. iius't ,1 42 Of the C IT Y, Part II. tius's Death, he was left fole PofTeflbr of the Empire, J. U. C. iic5(«). Of this Cuftom Firgil gives us a Noble Defciiptlon : Sunt gemin^s belli portip, fic no?n'ine dicunt^ Religione facns^ (^ favi formidtne Marti s : Centum arei claudunt vedles aternaque ferr'i Robora ; nee cujios abjijlit limine Janus. Has.) ubi certa fedet patribus fentcntia pugnce ; Ipfe^ ^uirinali trabca cin£luqiic Gabino Jnfignis^ referat Jiridentia limina Conful ; Jpfe vocat piignas [b). Sacred to Mars two fiately Gates appear, Made aweful by the Dread of Arms and War ; A hundred brafen Bolts from impious Pow'r And everlafting Bars the Dome fecure,_ And watchful "Janus guards his Temple Door. Here when the Fathers have ordain'd to try The Chance of Battle by their fix'd Decree, The Conful, rich in his Gabinian Gown, And Regal Pall, leads the Proceffion on ; The founding Hinges gravely turn about, Rouz€ the imprifon'd God, and let the Furies out. Near the Temple of 'Janus there was a Street which took the fame Name, inhabited, for the moft Part, by Bankers and Ufurers. It was very long, and divided by the different Names of 'Janus Summus^ Janus Aledius^ and Janus hnus. The firft and the laft of thefe Partitions are mentioned by Horace, Lib. i, Epift. I. Hoc Janus fummus ab imo Perdocet. The other fully fpeaks of in feveral Places of his Works [c]. The Superftition of confecrating Groves and Woods to the Honour of the Deities, was a Practice very ufual with the Ancients : For, not to fpeak of thofe mentioned in the Holy Scripture, Pliny affures us. That Trees in old Time ferved for the Temples of the Gods. Tacitus reports this Cuftom of the old Germans ; ^. Curtius of the Liaians, and almoft all Writers {a) Cafjuhor.. Not. Id. Suet-^n. A'gt'Jl, tap. 22. [b) Virg. /En, 7. (c) Lib. 2. d« Offic. Pbl/!j>. 8, &c. of /" i. Theatrum Cosxiiii IBjvlbi Gaditaxi A:MPJiITHi:ATilTJ3^ CXAUDII Book I. Of the C IT Y. 4^ of the old Druids. The Romans too were great Admirers of thisWay of Worfhip, and therefore had their Luci in moft Parts of the City, generally dedicated to fome particular Deity. The moft probable Reafon that can be given for this Practice, •s taken from the common Opinion, That Fear was the main Principle of Devotion among the ignorant Heathens. And therefore fuch darkfome and lonely Seats, putting them into a fudden Horror and Dread, made them fancy that there muft ne- cefTarily fomething of Divinitv inhabit there, which could pro- duce in them fuch an Awe and Reverence at their Entrance. CHAP. IV. (y/^/^^ Theatres, Amphitheatres, Circi, Nauma- chis. Odea, Stadia, and Xyfli, a?jd of the Campus Martius. CT^Heatres^ fo called, from tht Greek ^iioixai^ to fee ^ owe their ■*■ Original to Bacchus [a]. They were ufual in feveral Parts oi Greece \ and at laft, after the fame Manner as other Inftitu- tions, were borrowed thence by the Romans : That the Theatre and Amphitheatre were two different Sorts of Edifices, was never queftioned, the former being built in the Shape of a Semicircle, the other generally Oval, fo as to make the fame Figure as if two Theatres fhould be joined together [h). Yet the fame Place is often called by thefe Names in feveral Authors. They feem too to have been defigned for quite different Ends ; the Thea- tres for Stage- Plays, the Amhithcatrcs for the greater Shows of Gladiators, wild Beafts, ^c. The Parts of the Theatre and Am- phitheatre^ beft worth our Obfervation, by Reafon of their fre- quent Ufe in Claflicks, are as follow : Scena was a Partition reaching quite crofs the Theatric being either Verfatilis^ or Du^ilis^ either to turn round or to draw up, for the prefenting a new Profpedl to the Spe£tators, as Ser'- vius has obferved [c). Profcefiium was the Space of Ground juft before the Scene, where the Pidpitmn flood, into which the Adlors came from behind the Scenes to perform [d). {a) Pcl,dor, Virg. de Rer. invent, lib. 3. cap, 13. {b) Ibid, [c) laCiorg. 3. {d) Refill, lib. 5. cap. 4. The 44 Of the City, Part. II. The middle Part, or jJrea^ of the Amphitheatre^ was called Cavca, becaufe it was confiderably lower than the other Parts ; v/hence perhaps the Name o( Fit in our Play-houfes was bor- rowed : And Arena, becaufe it ufed to be ftrown with Sand, to hinder the Performer from flipping. Lipfms has taken No- tice, that the whole Amphitheatre was often called by both thefe Names {a). And the Veronefe ftill call the Theatre, which re- mains aimoft entire in that City, the Arena [b). There was a threefold DiftiniSlion of the Seats, according to the ordinary Divifion of the People into Senators, Knights, and Commons ; the nrft Range was called Orchejlra^ from d^x''^^^^'> becaufe in that Part of the Gracian Theatres the Dances were performed; the fecond, Equejiria', and the other Popular/a (^c). Theatres, in the firft Ages of the Commonwealth, were only Temporary, and compofed of Wood, which fometimes tumbled down with a great Deftrudion, as Dio{d) and Pliny (?) fpeak of one particularly. Of thefe temporary Theatres, the moft celebra- ted was that o^M. Scaurus, mentioned by Pliny (j) ; the Scenes of which were divided into three Partitions one above another; tha firft confifting of 1 20 Pillars of Marble ; the next of the like Num- ber of Pillars, curioufly wrought in Glafs : The Top of all had ftill the fame Number of Pillars adorned with gilded Tablets. Between the Pillars were fet 3000 Statues and Images of Brafs. The Cavea would hold 80000 Men. The Structure which Curio afterwards raifed at the Funeral of his Father, tho' inferior to the former in Magnificence, yet was no lefs remarkable upon account of the admirable Artifice and Contrivance. He built two fpacious theatres of Wood, fo ordered with Hinges and other NecefTaries, as to be able to turn round with very little Trouble. Thefe he iet at firll: Back to Back for the Celebation of the Stage-plays and fuch like Diverfions, to prevent the Diforder that might othervvife arife by the Confufion of the Scenes. Toward the latter End of the Day, pulling down the Scenes, and joining the two Fronts of the Theatres, he compofed an exa61: Ainphitheatre, in which he again obliged the People with a Show of Gladiators [g). Pompey the Great was the firft that undertook theRaifing of a fixed Theatre, which he built very nobly with fquare Stone; on wliich Account, Tacitus[h) tells us he was feverelv reprehended for introducing a Cufi:om fo different from that of their Forefathers, (a) /,;//. in Am;^hithcat, {b) IVarcup'i Hiftory of Italy. (c) Cafalius de Uib. Rom. & Imp. SolenJore lib. 2. cap, 15, («/) Lib. 37, [e] Lib, 36, c. 15. (/} Ibid. {£j Ibid, (Z') j^nn. 14. who Book I. Of the C IT y. 45 who were contented to fee the like Performances, in Seats built only for the prefent Occafion, and in ancient Times ftanding only on the Ground. To this Purpofe, 1 cannot omit an ingenious Re- flection of Ovid^ upon the Luxury of the Age he lived in, by comparing the honeft Simplicity of the old Romans with the Va- nity and Extravagance of the modern in this Particular : Tunc ncqiie marmoreo pendebant vela TheatrOy Nee fuerant liquido pulpita rubra croco. lllic quas tulerant^ nemorofo Palatia, frondes Simpliciter pofita : Scenajine arte fuit. In gradibus fedit populus de cefpite faSi'is^ ^ualibet h'lrjutas fronde tegente comas (a). No Pillars then of Egypt's coftly Stone, No Purple Sails hung waving in the Sun, No Flowers about the fcented Seats were thrown. But Sylvan Bowers and fliady Palaces, . Brought by themfelves, fecured them from the Rays. Thus guarded and refrefli'd with humble Green, Wond'ring they gaz'd upon the artlefs Scene : Their Seats of homely Turf the Crowd would rear, And cover with green Boughs their more diforder'd Hair. Juvenal intimates, that this good old Cuftom remained flill uncorrupted in feveral Parts of Italy : « ' ■' ■ . 1 . .. ipja die rum Fejlorum herbofo colitur ft quando Theatro Majejlas ; tandetnque rcdit ad pulpita noium Exodium, cum perfoms pallcntis hiatutn In gremio matris formidat rujiicus infans j Mquales habitus illic, Ji^nilemque videbis Orchejlram i^ popidian [b). On Theatres of Turf in homely State, Old Plays they adl, old Feafts they celebrate ; The fame rude Song returns upon the Crowd, And by Tradition is for Wit allow'd. The Mimiclc yearly gives the fame Delights, And in the Mother's Arms the clownifh Infant frights. Their Habits (undiftinguifli'd by Degree) Are plain alike ; the fame Simplicity Both on the Stage, and in the Pit you fee, Mr. Dryden. («) Ovid, it Arte At^ardi. (i) Juv, Sat. 3. Some 46 Of the CiT Y. Part II. Some Remains of this Theatre of Pompey are ftill to be feen a^ Rome, as alfo of thofe other oi Marcellus, Statilius Taurus^ 77- beriuSy and Titus., the fecond being almoft entire [a). The Circi were Places fet apart for the Celebration of feveral Sorts of Games, which wc will fpeak of hereafter. They were generally oblong, or almoft in the Shape of a Bow [b], having a Wall quite round (t), with Ranges of Seats for the Convenience of the Spectators. At the Entrance of the Circus flood the Carceres^ or Lifts, whence they ftarted ; and juft by them one of the Mctce, or Marks ; the other ftanding at the farther End to conclude the Race. There were feveral of thefe Circi in Rome^ as thofe of Flami~ Jiius, Nero, Caracalla, and Severus : But the moft remarkable,' as the very Name imports, was Circus Maxijnus, firft built by Tarquinius Prifcus {d). The Length of it was four Stadia, or Furlongs, the Breadth the like Number of Acres ; with a Trench of ten Feet deep, and as many broad, to receive the Water ; and Seats enough for 150,000 Men {e). It was extremely beau- tified and adorned by fucceedlng Princes, particularly hv y alius Cafar^ Augujlus, Caligula, Domitian, Trajan, and Heliogabalus ; and enlarged to fuch a prodigious Extent, as to be able to con- tain, in their proper Seats, 260,000 Spedlators (f). The Kau7nachia, or Places for the Shows of Sea Engagements, are no where particularly defcribed ; but we may fuppofe them to be very little dift^erent from the Circos and Amphitheatres, fince thofe Sort of Shows, for which they were defigned, were often exhibited in the aforementioned Places [g). Odeum wzs a publick Edifice, much after the Manner of a Tljeatre [h), where the Muficians and Adtors privately exercifed before their Appearance on the Stage (i). Plutarch has defcribed one of their Qdcu7ns at Athens (whence to be fure the Romans took the Hint of theirs) in the following Words : For the Contri- vance of it, irithe Injide it luas full of Seats and Ranges of Pillars ; and, on the Outfide, the Roof or Covering of it zvas made from one Point at Top, with a great many Bendings, all foclving downivard, in Imitation of the King (j/'Perfia'j Pavilion (/). The Stadia were Places in the Form ot Circi, for the Run- ning of Men and Horfes (/). A very noble one Suetonius [m) tells us was built by Domitian. [a) Fj/r::. Ren. cjp. iz. [i) MarUan. Topog. Rem. Ant. lib. 4. cap. 10. (f) Polyd:r. Virg. de Rer. invent, lib. 2. cap. 14. {d) Liv. & Dionyf. Halic, (e) Dionyj. lib. 3,. (/) Plia. lib. 36. {g) MarUan. T 0^0^. Rom. Ant. lib. 4. cap. 13. (/j) Fali'u. Rom. cap. 12. (»') Rofin. lib. 5. cap. 4. (A) In Ptrick, (I) Fabric, Rem, cap. jz, (/o) In Domitian;. The i n Ml,<^ 5 jl5_{r^lil!5l!l« ll(?__^ IG |Uf l» ' iimrr iT r Timnr '.iiin -'n' nTiin'^'ffjiir ' mrnifiiiiM" - t ., ---T?^"~~ Tfei iN i minm i i : i i ;i i immi i i i i| i ii il lllill ll i , i ii;iiiiiil| ' |IJ||liaHllllMllliaiM»ail ' iamm iilMMlll '~~ um^ ^ Wi, 'W^ "'K m\\\ ^M \m\mm mM^{m^uw--\iA ui^_ |Ciia[aiD|ciQ|a;ci|cijgiQ{a |£i,}cL^[a|Q'a[L}r-gTfi c r 11 c u s Book I, Of the CiT Y. 47 The Xyjii were Places built, after the Fafliion of Porticos, for the Wreftlers to exercife in [a). The Campus Martius, famous on fo many Accounts, was a large plain Field, lying near the Tiber, whence we find it fome- times under the Name of Tiberinus. It was called Martius, be- caufe it had been confecrated by the old Rotnans to the God Mars* Befides the plealant Situation, and other natural Ornaments, the continual Sports and Exercifes performed here, made it one of the moft diverting Sights near the City. For, Here the young Noblemen pra6lifed all A-lanner of Feats of : Activity ; learned the Ufe of all Sorts of Arms and Weapons. I Here the Races, either with Chariots or fingle Horfes, were j undertaken, Befides this, it was nobly adorned with the Statues iof famous Men, and with Arches, Columns, and Porticos, and Li other magnificent Struiturcs. Here flood t\\e Villa Publica, or ^'-Palace for the Reception and Entertainment of Ambafl^adors 5T from foreign States, who were not allowed to enter the City. ;^ Several of the publick Comitia were held in this Field ; and for 3that Purpofe were the Septa or Ovilia, an Aparment inclofed iwith Rails, where the Tribes or Centuries went in one by one to Jgive their Votes. Cicero, in one of his Epiftles to Jtticus, inti- mates a noble Defign he had to make the Septa of Marble, and lito cover them with a high Roof, v/ith the Addition of a ftately Portico or Piazza all round. But we hear no more of this Pro- jeft, and therefore may reafonably fuppofe, he was difappointed by the Civil Wars which broke out prefently after. (ij) Fabric. Rom. cap. 12. CHAP. V. Of the Curiis, Senacula, BafilictC, Fora, and Comitium. 'T^HE Roman Curia (it fignifies a publick Edifice) was of ■■• two Sorts, Divine and Civil : In the former, the Priefts and Religious Orders met for the Regulation of the Rights and Cere- monies belonging to the Worfhip of the Gods : In the other the Senate ufed to aflemble, to confult about the publick Concerns of the Commonwealth. («) The Senate could not meet in fuch a (i, and refcued them here, after they had been ftolen by Cacus. Suarium, for Swine. Pijlorium, for Bread. Cupedinarium, for Dainties. Holitorium, for Roots, Salads, and fuch-like. The Comitium was only a Part of the Forum Romanum, which ferved fometimes for the Celebration of the Comitia, which will be defcribed hereafter. {a) Lipf. in Magn. Rom. (/>) Rcma, cap. 7. (f) MarUan. lib. 5. cap. 14. (4) Idt-m, Wh. 3. c. 13. (e) Amiiijn Marcellin. Hift. lib. 16. (f) Ibid. Ig) Lib. 4. Eleg. 10. ver. 20. In Book I. Of the Q IT v. 5I In this Part of the Forum flood the Rof.ra^ being a Sugge/inyrt, or fort of Pulpit, adorned v.-ith the Beaks of Ships taken in a Sea- Fight from the Inhabitants o^ Antium in Italy^ as Livy(a) informs us. In this theCaufes were pleaded, the Orations made, and the funeral Panegyricks fpoke byPerfons at the Death of their Relati- ons; which pious Action they termed DeJun£iipro rojiris landatio. Hard by was fixed the Putcal, of which we have feveral and very different Accounts from the Criticks ; but none more pro- bable than the Opinion of the ingenious Monfieur Dachr (/>), which he delivers to this Purpofe : *' The Romans^ whenever a Thunderbolt fell upon a Place without a Roof, took Care, out of Superftition, to have a Sort of Cover built over it, which they properly called Piiteal^ This had the Name of Futeal Libonis, and Scriboniimi Puteal, becaufe ScriboJiius L'lho ereded it bv Order of the Senate. ' The Pr^fi?r's Tribunal ftandingjuft by, is often fignified in * Authors by the fame Exprelfion." (a) Lib. S. (b) Dacier, Notes on Horace, lib. 2. Sat. 6. verfe 35, CHAP. VI. Of the Vox tico^, Arches, Columns, ^W Trophies. T N Accounts of the eminent Buildings of the City, the -*• PORTICOS have ever had an honorable Place. They were Structures of curious Work and extraordinary Beauty, annexed to publick Edifices, Sacred and Civil, as well for Orna- ment as Ufe. They generally took their Names either from the Temples that they flood near, as Porticus ConcordiiS, ^urini, Herculis^ &c. or from the Authors, as Porticus Pompeia^ O^a- via^ Livia, &c. or from the Nature and Form of the Building, as Porticus curva^ Jiadiata^ porphyretica ; or from the Shops that were kept in them, as Margaritaria, and Argentaria ; or from the remarkable Paintings in them, as Porticus Ifidis, Europe, Sec. or elfe from the Places to which they joined, as Porticus Am- phitheatri, Porticus Circi^ &c. («). Thefe Porticos were fometimes put to very ferious Ufes, ferv- ing for the Aflemblies of the Senate on feveral Accounts. Some- times the Jewellers, and fuch as dealt in the mofl precious Wares, took up here their Standing to expofe their Goods to Sale: [a) rabricii Rtma, cap. 13. D 2 But 52 Of the Ci T Y . Part II. But the general Ufe that they were put to, was the Pleafure of walking or riding in them ; in the Shade in Summer, and in Winter in the dry ; like the prefent Piazzas in Italy, Vellcius Paterculus (a), when he deplores the extreme Corruption of Manners that had crept into Rome,, upon the otherwife happy Conclufion of the Carthaginian War, mentions particularly the Vanity of the Noblemen, in endeavouring to outfhine one ano- ther in the Magnificence oi' ihc'ir Porticos, as a great Inftance of their extravagant Luxury, And Juvenal in his Seventh Satyr complains : Balnea fexcentis, i^ pluris Porticus,, in qita Gefletur Dominus quoties pltiit : anne ferenum Expend, fpargatve Into ]ianenta recent i ? Hie f otitis ; namque hie mundcs nitet wi^ula mulcs. On fumptuous Baths the Rich their Wealth beftow. Or fome expenfive airy Portico; Where fafe from Showers they may be borne in State : And, free from Tempers, for fair Weather wait : Or rather not expeci: the clearing Sun; Through thick and thin their Equipage mud run : Or flaying, 'tis not for their Servants Sake, But that their Mules no Prejudice may take. Mr. Charles Dryckn. Arches were publick Buildings, defigned for the Reward and Encouragement of noble Enterprifes, ereiled generally to the Honor of fuch eminent Perfons as had either won a Vidfory of extraordinary Confequence abroad, or had refcued the Common- wealth at Home from any confiderable Danger. At firft they were plain and rude Structures, by no Means remarkable for Beauty or State. But in latter Times no Expences were thought too great for the Rendering them in the higheft Manner fplendid and mag-nificent : Nothing bein* more ufual than to have the greatelt Actions of the Heroes they flood to honor curioufly expreffed, or the whole ProcefTion of the Triumph cut out on the Sides. The Arches built by P^ornulus were only of Brick ; that of Camillus, of plain fquare Stone; but then thofe oi'Cafar, Drufiis, Titus, Trajan, Gordian, he were all entirely Marble [b). As to their Figure, they were at firft Semicircular, whence probably they took their Names. Afterwards they were built {a] Lib. z. tap. I, Ij) Fatikii Ritr.a, cap. 14. Four- Book I. Of the CiT y. 53 Four-fquare, v/ith a fpaclous arched Gate in the Middle, and h't- tle ones on each Side. Upon the vaulted Part of the middle Gate, hung little winged Images, reprefenting Victory, with Crowns in their Hands, which when they were let down, they put upon the Conqueror's Head as he pafied under in Triumph [a). The Columns or Pillars were none of the meaneft Beauties of the City. They were at laft converted to the fame Defign as the Arches, for the honorable Memorial of fome noble Vic- tory or Exploit, after they had been a long Time in Ufe for the chief Ornaments of the Sepulchres of great Men; as may be gathered from Horner^ Iliad 16, where y-uno^ when fiie is fore- telling the Death of Sarpedon^ and fpcaking at Jaft of carrying him into his own Country to be buried, has thefe Words ; Ty,aCsjT£ rnyn t£, to ya^ ys^^i s-n ^avovlcov. There fhall his Brothers and lad Friends receive The breathlefs Corpfe, and bear it to the Grave, A Pillar fliall be rear'd, a l^omb be laid. The nobleft Honor Earth can give the Dead. & The Pillars of the Emperors Trajan and Jntoninus have been extremely admired for their Beauty and curious "Work ; and therefore deferve a particular Defcription. The former was fet up in the Middle of T'rajmis Forum^ be- ing compofed of 24 great Stones of Marble ; but fo curioufly ce- mented, as to feem one entire natural Stone. The Height was 144 Feet, according to Eutropius [b) ; though Mar/ian (c) feems to make them but 128; Vet they are eafily reconciled if we fuppofe one of them to have begun the Meafure from the Pillar itfelf, and the other from the Bafis, It is afcended on the In- fide by 185 winding Stairs, and has 40 little Windows for the Admiflion of the Light. The whole Pillar is incrufled with Marble ; in which are exprefied all the noble Actions of the Em- peror, and particularly (heDecian War. One may fee all over it the feveral Figures of Forts, Bulwarks, Bridges, Ships, &'c. and all Manner of Arms, as Shields, Helmets, Targets, Swords, Spears, Daggers, Belts, &c. together with the feveral Offices and Employments of the Soldiers ; fome digging Trenches, fome meafuring cut a Place for the Tents, and others making a tri- (a) Fatridi Roma, cap. 15. {l>) Hifi. lib. ?. {c) Lib, 3. cap. 13. D 2 umphal 54'^ Of the C I T Y. Part II. umphal Proceffion {a). But the nobleft Ornament of this Pillar was the Statue of Trajan on the Top, of a gigantick Bignefs ; being no lefs than twenty Feet high. He was reprefented in a Coat of Armour proper to the General, holding in his Left- Hand a Sceptre, in his Right a hollow Globe of Gold, in which his own Afhes were depofited after his Death {b). The Column o^ Antoninus was raifed in Imitation of this, which it cjiceeded only in one Refpect, that it was 176 Feet high (r) : Yor the Work was much inferior to the former, as being under- taken in the declining Age of the Empire. The Afcent on the Infide was by 106 Stairs, and the Windows in the Sides 56. The Sculpture and the other Ornaments were of the fameNature as thofe of the firft : And on the Top flood a ColoJJus of the Em- peror naked, as appears from fome of his Coins [d). Both thefe Columns are ftill {landing at Rome, the former mod entire. But Pope Sixius, the firft, inftead of the two Sta- tues of the Emperor, fet up St. Peter's on the Column of Trajan, and St. Paul's on that oi Antoninus {e). Among the Colum.ns we muft not pafs by the MUlarlum au- reum^ a gilded Pillar in the Forum, ere6led by Augujliis Cafar^ at which all the High-ways of Italy met, and were concluded (f). From this they counted their Miles, at the End of every A^Iile letting up a Stone ; whence came the Phrafe of Primus ab Urbe Lapis ^ and the like. This Pillar, as Mr. La£els informs us, is ftiJl to be feen. Nor muft we forget the Colianna Bellica, thus defcribed by Ovid; Projpicit a tergo fummum brevis area Clrcum, Eji ibi non parv^ parva columna notce : Jlinc jolet haj}a manUy belli pranuncia, miiti In regetn ^ gentem^ cum placet arjna capi [g^ Behind the Circus on the level Ground, Stands a fmall Pillar, for its Ufe renown'd : Hence 'tis our Herald throws the fatal Spear, Denotes the Quarrel, and begins the War. But thofe who admire Antiquity, will think all thefe inferior to the Columna Ro/lrata, fet up to the Honour of C. Duilius, when he had gained \'c I'air.ous a V iiSlory over the Carthaginian and Sici- lian Fleets, A. U. C. 493, and adorned with the Beaks of the Vef- fels taken in the Engagement. This is ftill to be feen in Rome, (a) Fahricius. c. 7. {b) Cafaliui Par. \. c. II. (f) Hdarhan, 1. 6. c. 13. {d) Id. (if:. S6, [4] Lib. ',3. cap. 12, See Book I. Of the CiT y. 57 See where with noble Pride the doubtful Stream Stands fix'd in Wonder on the {hining Brim : Survej'S its Riches, and admires its State ; Loth to be ravifh'd from the glorious Seat. The mofl: remarkable Bagnios were thofe of the Emperors D'lodcfian and Jntonius Caracalla \ great Part of which are ftanding at this Time, and with the vaft high Arches, the beau- tiful and ftately Pillars, the extraordinary Plenty of foreign Marble, the curious Vaulting of the Roofs, the prodigious Number of fpacious Apartments, and a Thoufand other Orna- ments ^nd Conveniencies, are as pleafing a Sight to a Traveller, as any other Antiquities in Rome. To thefe may be added the Nymph^ea; a kind of Grottos fa- cred to the Nymphs, from whofe Statues which adorned them, or fiom the Waters and Fountains which they afforded, their Name is evidently derived. A fhort Eflav of the famous Lucas Holftcnius^ on the old Picture of a Nympheeum dug up at the Foundation of the Palace of the Barbarim.^ is to be met with in the fourth Tome of Gfavius''s Thefaurus^ \). 1800. The Aquadiids were, without Qiieflicn, feme of the nobleft Defigns of the old Romans. Sextus 'JiiUui Froniinus, a Roinati Author, and a Perfon of Confular Dignity, who has compiled a whole Treatife on this Subjeft, affirms them to be the cleareft Token of the Grandeur of the Empire. The fiifl: Invention of them is attributed to App'ius Claudius.^ A. U. C. 441. who brought Water into the City by a Channel of eleven Miles in Length. But this was very inconfiderable to thofe that were afterwards carried on by the Emperors and other Perfbns ; feveral of which were cut through the Mountains, and all other Impedi- ments, for above forty Miles together ; and of fuch a Height, that a Man on Horfeback, as Procopius informs us, might ride through them without the leaft Difficulty [a). But this is meant only of the conftant Courfe of the Channel ; for the Vaults and Arches were in fome Places IC9 Feet high (^). Procopius (c) makes the Aqucsdu^s but fourteen : ViSior (d) has enlarged the Number to twenty : In the Names of them the Waters only were mentioned ; as Aqua Claudia^ Aqua Appia^ Sic. The noble Poet Ruiilius thus touches on the AquaduSfs, \t\ his ingenious Itinerary : {a) Procopius de Bell. Gctb. lib. I. (*) Sext. Tul. FrontiK. [c) De Bill. Gotb, l^b. I. {d) Delcrip. Urb. Region, ^lid 5? Of the City. Part II. ^u'ld hquar aerio pendentes fornice rivos, ^ua vix imbriferas toller et Iris aguas ? Hos potius dicas crevifje in fidera monies, Tale Giganteum Graecia laudat opus [a). What fhould I fing how lofty Waters flow From airy Vaults, and leave tlie Rain below, "While conquer'd his yields with her unequal Bow ? Bold Typhon here Ijad ipar'd his Strength and Skill, And reach'd Jove's Walls from any fingle Hill. } But that which Pliny calls Opus omnium maximum were the Cloaca, or common Gutters for the Conveyance of Dirt and Filth. And, becaufe no Authoi ity can be better than his, we may venture to borrow the whole Account of them from the fame Place, Cloaca, opus omnium maximum, &c. ' The Cloaca, the greateft of all the Works, he contrived by * undermining and cutting through the feven Eiills upon which * Rome is feated, making the City hang, as it were, between * Heaven and Earth, and capable of being failed under. Mt * Agrippa, in his iEdilefhip, made no lei's than feven Streams ' meet together under Ground in one main Channel, with fuch * a rapid Current, as to carry all before them that they met ' with in their Paflage. Sometimes, when they are violently < fwelled with immoderate Rains, they beat with excefliveFury « againft the Paving at the j'ottom, and on the Sides. Some- < times, in a Flood, the Tiber Waters oppofe them in their * Courfe : and then the two Streams encounter with all the * Fury imaginable ; and yet the Works preferve their old *■ Strength, without any lenfible Damage. Sometimes huge * Pieces of Stone and Timber, or fuch-like Materials, are car- * ried down the Channel, and yet the Fabrick receives no De- ' triment. Sometimes the Ruins of whole Buildings, deftroyed * by Fire or other Cafualties, prefs heavily upon the Frame, ' Sometimes terrible Earthquakes ftiakc the Very Foundations, * and yet they l^ill continue impregnable almoft 8oo Years < fince they were firft laid by Tarquinius [b]." Very little inferior to the V/orks already mentioned were the publick Ways, built with extraordinary Charge, to a great Diftance from the City on all Sides. They were generally paved with Flint, though fometimes, and efpecially without the City, (fl) Ruti!, Jancrar. lib. I. (/;) PUn. lib. 36. cap. 15. with Book I. Of the C I T Y. ^q with Pebbles and Gravel. The moft noble, in all Refpedts, was the Via Jppia, taking its Name from the Author Jppius, the fame that invented the JquaduSfs, Vide p. 57, 58. This was carried to fuch a vaft Length, x.\\7\t Procopius [a) reckons it a very good five Days Journey to reach the tnd : And Lipfius (b) computes it at 350 Miles. An Account of as much of this Way as lies between Rome and Naples the Right Reverend the prefent Lord Bifhop oi Sarum has obliged us with in his Letters \c) : He tells us it is twelve Feet broad j all made of huge Stones, moft of them blue ; and they are generally a Foot and a half large on all Sides. And prefently after, admiring the extraor- dinary Strength of the Work, he fays, that though it has lafted above i8co Years, yet, in moft Places, it is for feveral Miles {d) together as entire as when it was firft made. And as to the Via Flaminia, the next Caufey of Note, the fame Author obferves, that though it be not indeed fo entire as the former, yet there is enough left to raife a juft Idea of the Roman Greatnefs. I muft defire Leave to conclude this Subjefl with the ingeni- ous Epigram of Janus Vitalis^ an Italian Poet : ^lid Romam in media quieris novus advena Roma, Et Romae in Roma nil reperis media P j^fpice viuroruni moles^ praruptaque faxa, Ohrutaque horrenti vajla Tbeatra Jitu : Hcec flint Roma : Viden' velut ipfa cadaver a tan fa Urbis adhuc fpirent imperiofa niinas ? Vicit ut heec jfiundum, nija eji fe vincere : vicit, A fe non viSfum ne quid in orbe foret. Mine vida in Roma vi£irix Roma ilia fepulta efi, Atque eadcm vi5irix viSlaque Roma _/«//. Albula Rc?nani rejlat nunc nonnnis index, ^ui quoque nuyic rapidis fertur in cequor aquis, Difce hinc quod pojfit fortuna ; immota labafcu7it, Et qua perpetuo Junt agiiatOff manent. To feek for Rome, vain Stranger, art thou come. And find'ft no Mark, v/ithin Rome's Walls, of Rome? See here the craggy Walls, the Towers defac'd, And Piles that frighten more than once they pleas'd : See the vaft Theatres, a fhapelefs Load, And Sights more tragick than they ever Ihow'd, {a) Di Be'tl, Goth. lib. i. {b) De Magn. Rem. (0 Letter 4th. {d) Ibid. This, 6o Of the City. Part. II. This, this is Rome: Her haughty Carcafe fpread Still awes in Ruin, and commands when dead. The fubjeft World firft took from her their Fate ; And when (he only flood unconquer'd yet, Herfelf fhe lalT: fubdued, to make the Work complete. But ah ! fo dear the fatal Triumph coft, That conquering Rome is in the conquer'd loft. Yet rolling Tiber ftill maintains his Stream, Swell'd with the Glories of the Roman Name. Strange Power of Fate ! unfhaken A4oles mufl wade ; While Things that ever move, for ever laft. I PART P A R T II. B O O K II. Of the Religion of the Romans. CHAP I. Of the Religion and Morality of the Romans in General. ^^^^^^^iS-^ HAT Religion is abfolutely neceflary for the Eftabliftiing of Civil Government, is a Truth fo far from being denied by any Sort of Perfons, that u'e meet with too many who are unvvilHng to allow any other Defign in facred Inftitutions. As to the Romans^ it has been univerfally agreed, That Virtue and Fortune were eno-ao-ed in a Sort of noble Contention for the Advancement of the Grandeur and Happinefs of that Peo- ple. And a Judge, not fufpeded of Partiality in that Cafe* has concluded the latter to be only a Confequence of the former : For Religion^ fays he (^), produced good Laws^ good Laws good FortU7iey and good Fortune a good End in whatever they undertook. Nor, perhaps, has he {trained the Panegyrick much too fiigh, when he tells us. That, for fever al Jges together^ never was the Fear of God more eminently confpicuous than in that Republick [b). It was thi? Confideration which made the great St. Aujlin obferve (<:), That God would not give Heaven to the Romans^ becaufe they were Heathens ; but he gave therh the Empire of theWorld, becaufe they v/cre Virtuous. And, indeed, in their more ge- {a) MiJ-Zi/.iWs Difcourfe onLiiy, lib, i, cap. ii. {h) Ibid, Deiy lib. 4. cap. 5. ((•) CivitJfc r.eral 62 Of the Religion of Part 11. neral Virtues, their Pradice inclined rather to the Excefs than the Defe(Sl : Thus were they devout to Superftition; valiant to a Contempt of Life, and an inconfiderate Courting of Dan- ger : Frugal and temperate in the firft Ages, to a voluntary Abftinence from agreeable Pleafurcs and Conveniencies ; con- ftant, feveral Times, to the Occafion of their own Ruin, and rather rigorous than juft. A tedious Account of the Deciiy Reguliis^ Fabriciust Curius, Sasvola^ &;c. would be needlefs even to a School-Boy, who is feldom unfurnifhed with a Stock of fuch Hiftories. But we muft by no Means omit a mofl: noble Saying of C/- cero to this Purpoie, in his Oration about the Anfwer of the Arujp'iccs : ^lam volunius licet, Patres Confcripti^ nos amemus : iamen nee numero Hifpanos^ nee robore Gallos, nee ealliditate Pes- ■nos, nee artibiis Greseos ; nee denlque hoc ipfo hiijus Gentis is' Terres domejiico nat'ivoque fenfu Italos ipfos iff Latinos^ fed P'letate ac Religione, atque hac una fap'ientia quod Deorum immortalium Nu- mine omnia regi gubernarique perfpeximus^ omnes Gentis Nati- cnefque fuperavimus. But it will naturally be objected, that whatever Harangues we make upon the Juflice, Temperance, and other celebrated Vir- tues of the old Romans, they at lafl: degenerated into the moft luxurious and extravagant People in the World. Every Page of their own Satyrifts is a very good Argument for this Opini- on J befides the numerous Complaints of their Hiftorians and other Writers. Now though Lipfius has undertaken to bring them off clear from all fuch Imputations; yet, 1 think, we mufi: be forced to allow, that they did indeed debafe the noble and ge- nerous Spirit of their Anceftors ; and this Corruption was, without Doubt, the only Caufe of the Declenfion and final Ruin of the Empire. But as we are not to give over the Caufe of Virtue, on Account of the Debauchery of latter Times, fo we have little Reafon to exalt the eminent Qualities of the old Ro' mails to fo high a Pitch as fome imagine. There is no Neceflity of making a Hero of every Conful, or fancying every one, who was eminently ferviceable to the Republick, to have been a Per- {on of confummate Virtue. So that when we meet in Roman Authors with fuch extravagant Encomiums of their Anceftors, we may conclude, that what Horace had obferved with Refe- rence to Poetry, will hold altogether as well in this Cafe : The Generality of People being fo flrangely tranfported with the Love and Admiration of Antiquity, that nothing was more ufual than to meet with fuch a Perfon as he defcribes. Book II. the Romans. 63 ^i redit ad Fojios^ ^ virtutem ajiimdt annis, Miraturque nihil nift quod Libitina facravit. That, when he tried a Man's Pretence to Fame, Runs to his Chronicle to find his Name ; Thinks Virtue better for its Age, like Wine; And only likes what Death has made Divine. For we may often obferve, that their very Panegyrlcks upon the honeft People of the firft Ages of the Commonwealth re- prefent them rather as a Sort of rude, unpolifhed Mortals, than as Perfons eminent for any noble Endowments. So Juvenal^ Sat. 14: Saturabat glebtda talis Patrem ipfum turbamque cafa ; qua fceta jacebat XJxor^ iff infantes ludebant quatuor, uniks Vernula.) tres domini : fed magnis fratribus horum A fcrobe velfulco redeuntibus altera cosna Amplior, iff grandes fumabant pultibiis oUa, This little Spot of Earth, well till'd. A numerous Family with Plenty fill'd. The good old Man and thrifty Houfewife fpent Their Days in Peace, and fatten'd with Content; Enjoy'd the Dregs of Life and liv'd to fee A long, defcending healthful Progeny. The Men were fafhion'd in a larger Mould: The Women fit for Labour, Big and Bold. Gigantick Hinds, as foon as Work was done. To their huge Pots of boiling Pulfe would run. Fell to, with eager Joy, on homely Food, And their large Veins beat ftrong with wholefome Blood. Mr. John DrydeUi Jun, But the Account which Perfius gives us of Titus ^intiuSy the old Country Dictator, has fomething more of the Ridicu- lous in it : Unde Remus, fulcoque terens dentalia^ Quinti, ^lem irepida ante boves DiSiatorem inditit uxor, Et tua Jratra do?num Li£ior tulit (a), — — («} Pert. Sat. 1. Where 64 Q/* i^^ Religion of Part IL Where Romulus was bred, and ^Iniius born, Whofe fhiniiig Plough-fhare was in Furrows worn. Met bv his tren^bling Wife returning Home, And ruftically joy'd as Chief of Rome. . She wip'd the Sweat irom the Didtator's Brow 3 T And o'er his Back his Robe did rudely throw ; C TheLi6tors bore in State the Lord's triumphant Plough. 3 [Mr. DrydetJ. We muft therefore allow every Age its proper Charader and Commendation ; and conclude with the ingenious Mon- fieur St. Evremont, That the excellent Citizem lived among the ancient Romans, and th^ moji accomplijhed Generals among thi latter {a). (.ites he com-^ mitted to the Care of the Potitii and Finar'ii^ two of the no- blefl Fam.ilies, and of beft Repute in thofe Parts, There goes a Story, that the Pinarii happening to come too late to the Sa-^ orifice, fo as to Jofe their Share in the Entrails, they were, by Way of Puniftment, debarred from ever tailing them for the Future: And hence feme derive their Name from 'STsrva Hun- ger. But tliis I take to be but a trifling Fancy ; for we may as well derive Potitii frcni pK/f'ni, bccaufe they enjoyed the Entrails, as Pwarii from Tc-^iv^i becaufe they wanted them. We meet with fomething x'ery remarkable of the Potitii in Livy{a), 7ir\A Valerius Maximus^b). That when, upon Application made to Jpplus Claudius the Cenfor, thev got Leave to have their hereditary Miniftry dif- charged by Servants, in the Compafs of one Year the whole Family v/as entitely extindl-, though no lefs than thirty of them were lufly young Men. And Applus Claudius loft his Eyes, as a Judgement for his Part in the Offence. Jcca Laurcntia.f Romulush Nurfe, had a Cuftom once a Year to make a folemn Sacrifice for a Bleffing upon the Fields : Her twelve Sons affifiing her always in the Solemnity. At laft fhe had the ill Fortune to lofe one of her Sons; when Romulus^ to fhow his Gratitude and Refpe£t, offered himfelf to fill up the Number in his Room, and gave the Company the Name oi Fra- tres Arvales. 'Fhis Order v^as in great Repute at Roriie; they held the Dignity always for their Lives, and never loft it upon Ac- count of Imprifonment, Banifhment, or any other Accident [c). They wore on their Heads, at the Time of their Solemnity, Crowns made of Ears of Corn, upon a Tradition that Lauren- tia at firft prefented Romulus with fuch an one [d). Some vviil have it that it was their Bufinefs to take Care of the Bounda- ries, and the Divifion? of Lands, and to decide all Controver- fies that might happen about them : The Proceflions, or Per- ambulations made under their Guidance, being termed Anif bar-valia : Others make a different Order inftituted for that Purpofe, and called Sodalcs Arvales^ on the fame Account as the Fratres Arvalcs. {a) Lib. 9. (*) Lib. i.e. i. (i) P/;n. J. 17. c. 2. \d) Ptrnp. Lat. dc^iaccrd. C H A P. Book li. V the Romans, tj CHAP. III. Of the Augurs, Auguries, ^e, *~r^ HE Invention of Soothfaying is generally attributed to the -'■ Chaldeans ; from them the Art pafled to the G-r^cians ; the Gnscians delivered it to the T^fcanSy and they to the Latifis^ and the Romafis. The Name of Augur is derived by fome ah Avium gejiu ; by others, ab Avhirii garrifu : Either from the Motion and Actions, or from the Chirping and Chattering of Birds. Rcmu- his was himfelf an extraordinary Proficient in this Art(<7), and therefore as he divided the City into three Tribes, fo he confli- tuted three AuguySy one for every Tribe. There was a fourth added fome Time after, probably by Servius Tuliins, who in- crcafed the Tribes to that Number. The(e four being all chofen out of the Patriciiy or Nobility, in the Year of the City 454, the Ti ibunes of the People, with much Difficulty, pro- cured an Order, that five Perfons, to be elecPced out of the Com- mons, fliould be added to the College {b). Afterwards Sylla the Dilator, A. U. C. 671, made the Number upFifteen (t). The Eldeft of thefe had the Command of the refl, and was honoured with the Title o( Magijler CoUcgii (d). Their Bufinefs was to interpret Dreams, Oracles, Prodigies, &c. and to tell whether any AiStion fliould be fortunate or pre- judicial to any particular Perfons, or to the whole Common- wealth. Upon this Account, they very often occafioned the Dilplacing of Magiftrates, the Deferring of publick Aflernblies, &c. VA'heiiever the Omens proved unlucky. Before we proceed to the feveral Kinds oi Auguries, it may not be improper to give an Account of the two chief Terms by which they are diftinguiflied in Authors, dextra and fmijlrd. Thefe being difterently applied by the Greeks and Latins, and very often by the Latins themfelves (who fometimes fpeak agree- ably to the Grecian Cuftoms, fometimes according to their own) have given Occafion to many Miftakes, which may be all cleared up by This eafy Obfervation : That, the Greeks and Romans both deriving the Happinefs of their Omens from the Eaftern Quarter, the former turned towards the North, and fo had the Eaft on the Right Hand ; the latter towards the South, (a) Plutarch, in Romul. [t) Liii. lib. lo. (r) F.'trus Ep item, Liv. lib. 89. {it) jiUx. ob Akic, lib, 5. cap. 19. E % and 68- Of the Religion of Part. it. and therefore had the Eaft on their Left. Vide Bullcnger. de Au^ gw. Sc Jufpic. L. 2. C. 2. There are five Sorts oi Auguries mentioned in Authors. 1. From the Appearances in Heaven ; as Thunder, Light- ning, Comets, and other Meteors. As fuppofe of Thunder, whether it came from the Right or the Left: Whether the Number of Strokes u'ere even or odd, iffc. Only the Mafter of the College could take this Sort of Augury {a). 2. From Birds ; whence they had the Names o^ Aufpices of avis zndjpec!/}. Some Birds furnifhed them with Obfcrvations from their chattering and fmging, others from their flying. The former they called Ofcines^ the latter Prapctcs. Of the firft Sort were Crows, Pies, Owls, &c. of the other, Eagles, Vul- tures, Buzzards, and the like. For the taking of both thefe Sort of Auguries^ the Obferver flood upon a Tower with his Head covered in a Gown peculiar ta his OfE.ce) called Lcsna^ and turning his Face towards the Eaft, marked out the Heavens into four 'fempla or Quarters, with his Lituus, a (hort ftraight Rod, only a little turning at one End : This done, he ftaid waiting for the Omen ; which never fignified any thing, unlefs confirmed by another of the fame Sort. 3. From Chickens kept in a Coop or Pen for this Purpofe. The Manner of divining from them was as follows: Betim.es in the Morning the Augur that was to make the Obfervation, called from hence Pullnrtus (though perhaps the Keeper of the Chickens had rather that Name) in the firft Place commanding a general Si- lence, ordered the Pen to be opened, and threw down a Handful of Crumbs or Corn. If the Chickens did not immediately run fluttering to the Meat; if they fcattered it with their Wings; if they went by without taking Notice of it, or if they flew away, the Omen was reckoned unfortunate, and to portend nothing but Danger or A'li (chance : But if they leaped prefently out of the Pen, and fell too fo greedily, as to let fome of their Meat drop out of their Mouths upon the Pavement, there was all the Aflur- ance in the World of Happinefs and Succefs(^). Tb.'xs Augury was called Tripudium quafiTerripavium^ from ftriking the Earth : The old Word pavire fignifying as much z^ferlre. W^e meet with Tripudium^ SoUftlmum^ and Tripudium Sonivium in Fe/ius^ both derived from the Crumbs falling to the Ground. 4. From Beafts. 'I'hefe, as Rofinus reckons them up, were Wolves, Foxes, Goats, Heifers, Aftcs, Rams, Hares, Weefels, and Mice. The general Obfcrvations about them were. Whe- ther they appeared in a ftrange Place, or croffcd the Wav ; or whether they ran to the Right or the Left, i^c. 5. The {^) AUx, alt Al 1. From the Beafts before they were cut up. 2. From the Entrails of thole Beads after they were cut wp, 3. From the Flame that ufed to rife when iJiey were burring. 4. From the Flour of Bran, from the Frank'ncenfe, Wine, and Water that they ufed in the Sacrifice In the Beails, before they were cut up, they took Notice, w!ie- ther they were forcibly dragged to the> A^tar; whecher they -;ot , (i) ^ix, aS> A/tK, J, I, 23, {l>) Cicero de Div, 1. 2« (fj id, u'eliv, i, 1. £ 3 loois ^o Of the Religion of Part IL loofe out of the Leaders Hands ; whether they efcaped the Stroke or bounded up, and roared very loud when they received it ; ■whether they died with a great Deal of Difficulty, all v/hich, with fcveral other Omens, were counted unfortunate: Or v/he- ther, on the other Side, they followed the Leader Vv'ithout Com- pulfion ; received the Blow without Struggling and Refiftance ; whether they led eafily, and fcnt out a great Qiiantity of Blood, which gave equal Afibrance of a profperous Event. In the Beafi, when cut up, they oblerved the Colour of the Parts, and whether any were wanting. A double Liver was counted highly unfortunate : A little or a lean Heart was always unlucky : If the Heart was wholely miHing, nothing could be thought more fatal and dreadful ; as it happened in two Oxen to- gether, offered by 'Julius Ccejiu\ a little before his Murther ; if the Entrails fell out of the Prieft's Hands ; if they were be- imeared rnore than ordinarily with Blood : if they were of a. pale livid Colour, they portended fuddcn Danger and Ruin. As to the Flame of the Sacrifice, it furnifhed them with a good Omen, if it gathered up violently, and prefentiy confumed the Sacrifice : If it was clear, pure, and tranfparent, v.'ithout any Mixture of Smoke, and not difcoloured with red, pale, or black; if it was quiet and calm, not fparkling or crackling, but ran up directly in the Shape bferve, whether they had their due Quantity, their proper Taftc, Colour and Smell, ^c. There were fcveral lefler Signs which fupplied them with Conjectures, too irifignificant to be here mentioned. Molt of thofc ill Omens are hinted at by Firgily Geor. 3. v. 486, S£ 4 Fca{!s, 72 Of the Religion of Part II, Fcafts, Sacrifices, and all otlier facred Inftitutions. Tull)\ in his Oration to them for his Houfe, tells them, that the Honour and Safety of the Commonwealth, the Liberty of the People, the Houlcs and Fortunes of the Citi>:,ens, and the very Gods them- fel-'cs were all entrufted to their Care, and depended wholely on their Wiulom and Management. The Marter or Superi!\tendant of the Ponilfices was one of the mo't honourable OiHccs in the Ccmmonwcaith. A^aww, when he inftit-Jted the Order, inverted himfelffirft with this Dignity, as Plutarch informs us j though Livy attributes it to another Per- fon of the fame Name. Fejiui's Definition of this great Prieft is, Judex atque Arbiter Reriim Humanaru7n Dk^^narutnque, the Judge and Arbitrator of Divine and Human Affairs. Upon this Account all the Emperors, after the Examples of Julius Cafar and Jugufius, either actually took upon them the Office, or at Jeaft ufcd the Name. And even the Chrijiian Emperors, for fome Time, retained this in the ordinary Enumeration of their Titles, 'rill the Time of Gratian, who (as we learn from [a) 'Zifimus) abfolutely refufed it, Folydore VirgU(b) does not queftinn but this was an infallible Omen of the Authority which the Bilhop o^ Rome enjoys to this Day, under the Name oi Poiitifcx jfiaximus. {a) filler, lib. 4. (i) Direrum in'vent. lib. 4. cap. 14, CHAP. V. Of the Flamines, Rex Sacrorum, Salii, Feciale§ and Sodales, 'T^ H E Name of Flamines is not much clearer than the for- -*■ mer. Plutarch makes it a Ccrruption oi Pilamines from Pi- leus^ a fort of Cap proper to the Order. Varro^ FeJIus, and Servius will have it to be a Contradtion oi Filamines^ from Filutn; and tell us, that, finding; their Caps too he.;\ v and troublefome, they took up a lighter Faf^iion, only binding a Parcel of Thread about their Heads. Others derive the Woid from Flamina or Flameum^ 3 Sort of Turban^ which they make them to have worn ; through this generally fignifies a Woman's Veil. Rofinus and Mr. Dod- %Vcil declare for the Second of thefe Opinions j Polydore Virgil has given hii Judgement in Favour of the Third {a). ; ■' ■ ' ' J ('hen they were comforted on a fuddcn by the Report of a Brafen Target, which (they fay) fell into Nmna'sHzuds from Heaven. The King was afilired by the Conference he maintained with the Nymph Bgeria and the Mufes, that the Target was fent from the Gods for the Cure and Safety of tiTe Cityj and this was foon verified by the miraculous Ceafing of the Sicknefs. They advifed him too to make eleven other Targets, fo like in their Dimenfions and Form to the Original, that, in Cafe there fhould be aDefign of ftealing it away, the true might not be diftinguifhed or known from thofe which were counterfeited •, by which Means it would be more difficult to defeat the Counfels of Fate, in which it had been determined, that, while this was preferved, the City fhould prove happy and viflorious. This difficult Work one Vetur'ius Mamurvui very luckily performed, and made eleven others that Nmna himfelf could not know from the firft. They were v/orked into an oval Form, with feveral Folds or Plaits clofmg one over another. They exa611y fitted the Elbow by their Figure; and were thence called Ancylic^ from 'A.f«j.vv^, which fignifies a crooked Javelin; or from \\\}, a Conful, or the Pr^tor, being obliged to give them the Way (i). And if in their Walk they cafually lighted upon a Malefadtcr leading to Execution, they had the Favour to deliver him from the Hands of Juffice, provided they made Oath that their Meeting was purely acci- dental, without any Compa£l or Defign [d). [a) Plutarch, in Nuk. {b) Ihid. (<:) A!cx. c.b Ahx. lib. 5, cap. 12, (fi) Plutanh. in Num. CHAP. VII. Of the Duumviri, Decemviri, and Quindecem- viri. Keepers of the Sibylline JVritings -, And of the Corybantes, or 'Briefs of Cybele, and the Epulones. 'npHE firft of thefe Orders, famous only on Account of -*■ the Relicks they preferved, owe their Original to this Occafion. A ftrange Old V/oman came once to Tarqninhn Siiperhus with nine Books which, (he faid, were the Oracles of the Sibyls^ and proffered to fell them. But the King making fome Scruple about the Price, fhe went away and burnt three of them ; and returning wnth the fix, afked the fame Sum as before. Tarqiiin only laughed at the Humour : Upon which the Old Woman left him once more; and, after fne had burnt three others, came again with them that were left, but flill kept to her old Terms. The King begun now to wonder at her ObiHnacy, and thinking there might be fomething more than ordinary in the Bufmefs, fent So Of the Religion of Part IL fent for the Augurs to confult what was to be done. They, when their Divinations were performed, foon acquainted him what a Piece of Impiety he had been guilty of, by refufing a Treafure fent to him from Heaven, and commanded him to give whatever flie demanded for the Books that remained. The Woman received her Money, and delivered the Writings ; and only charging them by all Means to keep them facred immedi- ately vanifhed. Tvvo of the Nobility were prefently after chofen to be the Keepers of thefe Oracles, which were laid up with all imaginable Care in the Capitol^ in a Cheft under Ground. They could not be confulted without a fpecial Order of the Senate, which was never granted, unlefs upon the receiving fome notable Defeat, upon the rifing of any confiderable Mutiny, or Sedition in the State ; or upon fome other extraordinary Occafion [a) j ftveral of which we meet with in L'lvy (b). The Number of Priefts, in this, as in moft other Orders, were feveral Times altered. The Duutri' They had the common ijifi continued 'till about the Year of the Name of Duumji (De- ^- gg ^ ^ Tribunes of the Peo- em-vin, or SiuindecemTiri) ,''riT i i n 111 Sacrh faciundis. pls preferred a JLaw, that there Ihould be ten Men elected for this Service, Part out of the Nobility, and Part out of the Commons. We meet with the Decemviri all along from hence, 'till about the Time of Sylla the Diftator, when the !^4indece?nviri occur : Which Addition of five Perfons may, with very good Reafon, be attributed to him, who increafed fo many of the other Orders. It were j^ecdlefs to give any farther Account of the Sibyls, than that they are generally agreed to have been ten in Number ; for which we have the Authority of FaJTo ; though fome make them nine, fome four, fom.e three, and fome only one (^). They all lived in different Ages and Countries, were all Prophetefles ; and, if we believe the common Opinion, foretold the Coming of our Sa- viour. As to the Writing, Dempjier tells us, it was in Linen [d). But one would think the common Phrafe of Folia Sibylla, ufed by Virgil, Horace, and other credible Authors, fhould argue, that they wrote their Prophecies on Leaves of Trees ; efpecially if we confider the great Antiquity which is generally allowed them, and that we are allured at the fame Time hy Pliny {e)y that this was the oldeft Way of Writing. (a) Dioityf. Ant'iq, lib. 4. {h) Particularly lib. 3. cap. 10. lib. 5. cap. J3. lib, 7. cap. 28. lib. 4, cap, 21, (f) Dcv-pjle^, afiRoJin, lib, 3. e, 24. -(:ornari^ ^'ogf^i dignitatis, ad quam 7ne provexit indulgcntia tua^ vel augur atum^ vcl feptcmviratum^ quia vacant^ adjiccre digmris : ut jure facerdotii prccari dcoi pro tc public} pojfem, quos nunc precor pietate privata, CHAP. VIII. Of the Roman Sacrifices. 'T'HE Word Sacrificiim more properly fignifies the Thing ■■■ offered, than the A6tion of Offering. The two common Words to exprefs the former, were Vi£iima and HojVia ; which though they are very often confounded, yet by the firft Word are properly meant the greater Sort of Sacrifices, by the other the lefs. Though every Deity had feme peculiar Rites and Inftitutions, and confequently different Sort of Sacrifices, in which the greateft Part of the publick Worfhip then confilled yet there were fome Handing Rules and Ceremonies to be obferved in all. The Prieft (and fometimes the Perfon that gave the Victim) went before in a white Garment free from Spots and Figures : For Cicero tells us, that White is the moft acceptable Colour to the Gods ; I fuppefe, bccaufe it feems to denote Purity and Innocence. The ■^I^sv *■< Book II. the Romans. 85 The Beafi to be facriHced, if it was of the larger Sort, ufed to be marked on the Horns with Gold ; if of the lefler Sort, it was crowned with the Leaves of that 'l\ee which the Deity was thought moft to delight in, for whom the Sacrifice was de- hgned. And befides thefe, they wore the Infula and Vittce^ a Sort of white Fillets, about their Head. Before the Proceflion went a publicic Crier, proclaiming Hoc age to the People, to give them Notice that they Oiould forbear Working, and attend to the Solemnity. The Pipers and Harp- ers too were the Foierunners of the Show ; and what Time they could fpare from their Initruments, was fpent in aflirting the Critr to admonifli the People. The Sacrifice being brought to the Altar, the Prieit took hold of the Altar with one Hand, and ufhered in the Solemnity with a Prayer to all the Gods ; men- tioning Janus and Vejhi always firft and laft, as if through them they had Accefs to the reft. During the Prayer, fome publick Officer was to command the ftrideft Silence, for which the common ExprefEon was, Favete Liiiguis, a Phrafe ufed by Ho- race (a), Juvenal (b), TihuUus (<:), he. And the Piper played all the while to hinder the Hearing of any unlucky Nojfe. After his Prayer, the Prieft began the Sacrifice with what they called ImmolaUo (though, by Synecdoche., the Word is often taken for the whole Ad of Sacrificing) the Throwing fome Sort of Corn and Frankincenfe, together with the Mola^ i. e. Bran or Meal mixed with Salt, upon the Head of the Beaft. In the next Place, he fprinkled Wine between the Horns ; a Cuftom very often taken Notice of by the Poets j fo Virgil: Jpfa tenens dextra pateram pulcherrima Dido., Candentis vaccce media inter cornua fundit [d). O'er the white Heifer's Horns the beauteous Queen Holds the rich Plate, and pours the Wine between. And Ovid more exprefsly : Rode caper vitem ; tamen hinc cumjlahis ad aras^ In tuo quod fundi cornua poffit., erit [e). Go wanton Goat., about the Vineyard browze On the young Shoots^ and ftop the rifing Juice ; You'll leave enough to pour between your HornSi When for your Sake the hallow'd Altar burns. [a) Lib. 3. Od. I. {b) Sat, u. (c) Lib. 2. EUg. i. {d) ^neid. 4. v. 60. F 3 But S6 0/ the Religion of Part IL But before he poured the Wine on the Bead, he put the Plate to his own A'louth, and juft touched it with his Lips, giving; it thofe that flood near hiin to do the hke. This they termed L'lhaUo. In the next Place, he plucked ofF feme of the rougheft Hairs growing between the Horns of the Beaft, and threw them into the Fire, as the prima Labim'ina : Et fummas capiens media inter coryiua fctaSy Jgnilus imponit facris, libamina prima [a). The bridling Hairs that on the Forehead grew, As the firft Offering on tlie Fire fhe threw. And now turning himCelf to the Eajl, he only made a Sort of crooked Line vviih his Knife from the Forehead to the Tail ; and then delivered the Beaft to the publick Servants to kill. We find thefe inferior Officers under the feveral Names of Popcs^ Agones, Cultrarii, and ViSiiinarii : Their Bufmefs. befides the Killing of the Beaft, was to take ofF his Skin, to bowel him, and to wafli the whole Body. Then the Aurufpex's Duty came in Place, to fearch the Entrails for good and bad Omens. When this was over, the Priefts had nothing elfe to do but to lay what Parts they thought fitteft for the Gods upon the Altar, and to go and regale themfclvcs upon the reft. See Alex, ab Alex. lib. 4. cap. ly. (c) Mncid, 6, V. 246, w- CHAP. IX. Of the Roman Tear, E meet with three Accounts in Ufe at feveral Times among the Romans \ which owe their Original to Rovm- luSf Nutria, and Julius defar. Romulus divided his Year into ten Months, wiiich Plutarch would perfuade us had no certain or equal Term, but confifted fome of twenty Days, fome of thirty-five, and fome of more(fl). But he is generally allowed to (<:) P/W. in KuOia, iiave Book II. //^^ Romans. 87 have fettled the Number of Days with a great deal more Equa- lity, allotting to Alarch, May, ^iintU'is, and 05loher^ one and thirty Days : To April, 'June, Sextllis, November, and December, thirty, making up in all three hundred and four Days [a] : Scilicet arma 7nagis qmm fidera, Pvomule, yiorau Scaligcr indeed is very angry that People fliould think the R.omans had ever any other Account, than by twelve Months {b). But it is probable that the Teftimonies of rarro, Macrohius, Ceti" forir.us, Ovid, he. will over-rule the bare Words of Licinius Macer, and Fcnejiella, which are all he produces. As to the Names of i^^ww/^j's Months, the firfl: to be fure was confecrated to Alars, the Father of the State. The next too may be fetched from Fenus, the other Guardian Parent of the Romans, if we ad- mit of the Allwfion betv/een the Word Aprilis and 'A^pS'jVrj, her Name in Greek: Though it is generally derived from Aperio, to open, becaufe this is the chief Part of the Spring, in which the Buds and Flowers open and difclofe themfelves (c). May he named fo from Maia the Mother o^ Mercury, according to Plu- tarch [d) ; though Macrobius makes the Maia, to whom May was dedicated, the fame as Rhea, Ops, or the Earth, and diffe- rent from Mercury?, Mother [e). Ovid brings it a Senibus, i. e. *? Majoribus (f). Jimo either comes from 'Juventus, becaufe this is the youthful and gay Part of the Year (^) ; or elfe it is a Contradion of Junonius, and dedicated to the Goddefs Juno {h). The other Months he denominated as they ilood in Order : So ^intilis is no more than the fifth Month, Sextilis than the fixth ; and fo on : But thefe two afterwards changed their Names to July and Auguji, in Honour oi Julius Cafar, and his Succeflbr Augujliis. As Nero had afterwards called April Nero- nius (J) ; fo Plutarch tells us, that Domitian too, in Imitation of them, gave the two Months immediately following the Names of Germanicus and Domitianus ; but he being flain, they recovered their old Denominations [k) Numa was a little better acquainted with the Celeftial Motions _than his Predeceffor; and therefore undertaking to reform the Kalendar, in the firft Place he added the two Months of Ja- («) Macrob. Saturn. 1. i. rap. 12. Cenjor. de die Natal, c. 20, &c. [b) De Emendat, Tcttifcr. !. 2. (c) Plut, in N::m. Macrob. Sat. 1. i. c. 12. {d) In ■Numa. (4 Sat.l.j. c. 12. (f) Faji. .1. v. 41. (g) Plut. in Numa, {i>) Macrob. ubi'jufra. (/) Suet, in Nir. c. 55, {k) Plut. ia N^nta, F 4 nuarjf 88 Of the Religion of Part II. nuary and February ; the fiifl of which he dedicated to the God 'Janus ', the other took its Name from Fcbruo^ to purify, becaufe the Feafts of Purification were celebrated in that ^^onth (^?). To compofe thefe two Monihs, he put fifty Days to the old three hundred and four, to make them anfvver the Courfe of the Moon ; and then took fix more from the fix Months that had even Days, adding one odd Day more than he ought to have done, merely out of Superftition, and to make the Number fortunate. However, he could get but eight and twenty Days for February ; and therefore that Month was always counted unlucky (^). Befides this, he obfeived the Difference between the Solar and the Lunar Courfe to be eleven Days ; and, to re- medy the Inequality, he doubled thofe Days after every two Years, adding an Interflitial Month to follow February^ which Plutarch calls in one Place Mercedinus (r), and in another Mercedonius (d). But the Care of this Intercalation being left to the Priefts they clapped in, or left out the Month whenever they pleafed, as they fancied it lucky or unlucky, and fo made fuch mad Work, that the Feftivals and folemn Days for Sacri- fice were removed by little and little, 'till, at laft, they came to be kept at a Seafon quite contrary to what they had been for- merly ((?). 'Julius Cafar was the firft that undertook to remedy this Dif- oraer; and to this Purpofe he called in the beft Philofophers and Mathematicians of his Time, to fettle the Point. In order to bring Matters right, he was forced to make one confufed Year of fifteen Months, or four hundred and forty-five Days ; but, to preferve a due Regulauon for the future, he took away the In- tercalary Months ; and adding ten Days ioNwna's three hundred and lifty-five, equalled them to the Courfe of the Sun, except fix odd Hours. The ten Days he diPu ibuted among thofe {t\tn Months that had before but nine and twenty : and as for the fix Hours, he ordered them to be let alone 'till they made up a whole Day ; and this every fourth Year he put in the fame Place where the Month ufcd to be inferted before f/j ; and that was juft five Days before the End oi February^ or next before the ilxth of the Calends of March. For this Reafon the fuper- numerary Day had the Name oi Dies BiJJextus-y and thence the Leap- Year came to be called Annus Bijfextilis. (*) Jbid. {h) Cc-njirin. de die Natali. cap. 20. (f) In Numa, {d) In JuU Caf. {e) Ibid. (f) Cenforin. cap. 20. But Book II. the RomAxNs. S9 But the Priefts, who had been the Authors of the old Confu- fion, committed as great a Blunder in the New Computation, by interpofing the Leap-Day at the Beginning of every fourth Year inftead of the End ; 'till Auguftui Ctsjar brought it into the right Courfe again («), in which it has continued ever fince, and is followed by a great Part oi Europe at this Day. Yet becaufe there wanted eleven Minutes in the fix odd Hours of julitii^s Year, the jEquincxes and Soljiices lofing fome- thing continually, were found, about the Year 1582, to have run back ten whole Days : For which Reafon, Pope Gregory at that Time undertook a new Reformation of the Kalendar^ cutting ofFten Days to bring them to their proper Places. This Account they call the Gregorian or Neim Style^ which is obferved too in many Parts of Europe. (a) Macrob, Sat. lib. i. cap. 14. Sueton, \n Augufi, cap. 31. CHAP. X. ^he DtJiinBion of the Roman Days. "Vf/'HEN Nima divided the Year into twelve Months, he ' made a Di(lin6tion too in the Days, ranking them in thefe three Orders: Dies Fejii, Profejii^ and Intercifi : The firft Sort was confecrated to the Gods : The fecond allotted for the civil Bufinefs of Men : The third divided between facred and ordinary Employ- ments. The Dies Fejli were fet apart for the Celebration of thefe four Solemnities, Sacrijicia, Epul(^^ Ludi^ and Eerics, Sacrificia, were no more than publick Sacrifices to the Gods. Epula, were a Sort of Banquets celebrated to the Honour of the Deities. Ludiy were publick Sports inftituted with the fame Defign. Ferice, were either publick or private. The publick were of four Sorts : Stativa^ Concepiiva, Impe- rativa, and Nundina. Fence ^tativa^ were publick Feafts kept bv the whole City, according to the fet Time appointed in the Kalendar for their Obfervation \ as the Jgonalia, Garment alia ^ Lupercalioy &c. Feriee 90 Of the Religion of Part 11. Fer'ia Concepttva, were fuch as, the Magiftrates, or Priefts, appointed annually to be celebrated upon what Days they pleafed, as the Lathia, Paganalia^ Compltalia, &c. Ferics Imperatives^ were fuch as the CgijIuIs, Prastors, or Dictators, inftituted by Virtue of their own Authority, and commanded to be obferved upon folemn Occafions, as the Gain- ing of a Victory, and the like. Nundincey were Days fet apart for the Concourfe of the Peo- ple out of the Country and neighbouring Towns, to expofe their Commodities to Sale, the fame as our greater Markets or Fairs. They had the Name of Nundina^ becaufe they were kept every ninth Day, as Ovid informs us ( ^'""^ O^ober\\?id fix A'ones a-piece, the others only four, 'rherefore in the nrft, the Nones were the 7th, and the Ides the 15th ; in the laft, the Nones the 5 th, and the Ides the 13th. In reckoning thei'e, they always went backwards, thus, jfa- nuary I, was xhtfirji of the Kalends oi 'January : December 31, Pr'id. Kal. Jan. Decemb. 30. tertio Kal. Jan. and fo on to the 13th; and that was Idus Decembris ; and then the 12th Prid. Jduum. Decern, the 1 ith, 3 Idiium Decemb. and fo on to the 5th Day, and that was Nona Decemb. And then again the 4th Prid. Nonarum Decemb. the third 3 Non. Decemb. the fecond 4 Non. Decemb. and the firfl: Kaletida Decemb. We muft obferve, That when we meet with Kalcndas Nonas^ or Idu!., in the Accufative Cafe, the Prepofition ante is always underflood : As tertio Kalendas, Idus, or Nonas., is the fame as tertio Die ante Kal. Non. or Idus. [a) Lt-u. lib. 5. cop. 46, &c. CHAP. XII. The moji remarkable Fi^divals of the Romans, as they fland in the Kalendar. 'T^HE Kalends, or the firft Day of January., was noted for "*■ the entering of the Magiflrates on their Office; and for the wifhing of good Fortune, and fending Prefents to one ano- ther among Friends f^jj. [p) Ovid, Faji. i, v, 71. The Book II. the Romans. 9.0 The Ninth (or quint. Id.) was the Feaft of the JgonalM, in- ftitutcd bv Niima Pomptlius, in Honour of ynnus, and attended with the ayuvB^y the iolemn Exercifes and Combats ; whence, in Ovid's Judgement (rt), it took its Name. The Eleventh (or tcrt. Id.) was the Fead of ths Carmenta/iai in Memory of Carmenta, EvarukrH Mother. February the Fiiteenth, or the Fifteenth of the Kalends of Anarch., was the Fcaft of the Ltipercalu^ when the Liiperci make their wild Proceflion (/>), which has been defcribed before. February the Eleventh, or the Third of the Jdes^ was the Feralia, or Fead in Honour of the Ghofts ; when People car- ried fomc little Sort of Ottering to the Graves of their deceafed Friends. Ovid give us fo handlome an Account of it, that we muft not pafs it by : ' Ej} honor ^ tumuli s ; animas fhcare paternas (^), Parvaque in extru^ias munera ferre pyras : Parva peturit manes : pietas pro divite grata ejl Munere ; non avidos Styx habet ima Deos. Tegula porreoiis fatis eji velata coronis ; Et fparfa fruges y parvaque mica falis. Tombs have their Honours too ; Our Parent^ crave Some flender Prefent to adorn the Grave. Slender the Prefent which the Ghofis we owe ; Thofe Powers obferve not what we give, but how. No greedy Souls difturb the happy Seats below. They only afk a Tile with Garlands crown'd. And Fruit and Salt to fcatter on the Ground. The Day after the Feralia, were the Charijiia^ or Feftival of Love, when all the Relations in every Family met together and had a Feaft. On the 22d or 23d (according to the difFerent Length of this Month) were the Termina/ia^ hcred to Terminus, the Guardian of Boundaries and Land-marks; on which they now cfFered to him Cakes and PVuits, ^nd fometime Sheep and Swine, not- withftanding the ancient Prohibition of bloody Sacrifices in this Cafe; the Reafon of which Prohibition P/zon People with Corn out of her own Store. The Celebration of this Day confifted in Drinking and Feafting largely among Friends. The common People met for this Purpofe in the Fields near the Tiber, and, building themfelves Booths and Arbours, kept the Day with all Manner of Sports and Jollity ; wifhing one another to live as many Years as they drank Cups(i'j. The fame Day was, by a Decree of Senate, ordered to be called Parr'icidium, for the Murther of J'tdius defar, which hap- pened on it [c). Appian, in his fecond Book, tells us of a very different Law that Dolabella the Conful would have preferred upon this Occafion ; and that was, to have the Day called ever after, Natalis urbis, the Birth-day of the City; as if their Liberty had revived upon the Death of Cccfar. March the 19th, or the 14th of the Kalends oi April, began the ^uinquatrus, or ^uinqnatria, the P'eaft of Minerva, conti- nuing five Days. It was during this Solemnity, that the Boys and Girls ufecl to pray to the Goddefs for Wiidom and Learn- ing, of which ftie had the Patronage : To which Cuftom 'Ju- venal alludes : Eloqtnum i^ famafn Demojfhenis aut Ciceroni s Incipit optare, ^ tot is quinqiiatribus opt at (d). [a) Ovtd, FaJ}. 3. V. 233. [b) Ibid. v. 513, &c, (c) Suetsn. in Jul. cap. 8G. {i) Sat. 10. To Book il. //&;«^, there wds' fuch an univerfal Grief in the' City, that "the Anniverfary Feaft of Ceres was forced to be omitted [a), ' Jpril the' 2 ifl, or the iith of the Kalends of A%', was th'e Pcliiiay or Feaft of Pales, 'Goddefs of Shepherds. This 13 fometimes called Parilta a parkndo, becaufe Prayers Vv'ere no*v made for the Fruitfulnefs of the Sheep. Ovid tells us a very 'tedious Cour'fe of Superftition that the Shepherds ran though U^on this Day. They always contrived to have a great Fe^ft at Night ; and, when moft of them were pretty merry, they concluded all with dancing over the Fires that they made in the Field with Heaps of Stubble (^3. The fame Day was called Urbis Natalis, being the Day on which the City Vv^as built (^). Jpril the 25th, or the 7th of the Kalends of May, was the Robigalia, a Feaft of the Goddefs Rohigo, or the God RobiguSy ■ who took Care to keep off the Mildew and Blafting from the Corn and Fruit {d). April the 27th, or the 5th of the Kalends of Mny^ was the Fhralia^ or Feaft of Flora, Goddefs of Flov/ers (>), when the publick Sports were celebrated that will be hereafter de- fcribedC/;. In the remaining Part of the Year, we meet with no Fefti- val of extraordinary Note, except the Poplifugium and the Sa- turnalia. The Original of the famous Nonce Caprotince, or Poplifugium, is doubly related by Plutarch, according to the two common Opinious. Firft, becaufe Romulus difappeared on that Day, when an Afiembly being held in the Palus Capras, or Goafs-marJ}}, (a) Li-v. lib. 22. {b) 0-vid. Fajl. v. 771, &c. (c) Jhid. v. 806. {d) Jiid, V. C)Oi, (f) Uid. V. 943. {/J See Book v. cap. 7. on g6 Of the Religion of Part II. on a fudden happened a moft wonderful Tempeft, accompanied with terrible Thunder, and other unufual Diforders in the Air. The common People fled all away to fecure themfelves; but, after the Tempeft was over, could never find their King(fl). Or elfe from Capr'ificus a wild Fig-Tree, becaufe in the Gallic War, a Roman Virgin, who was Prifoner in the Enemies Camp, taking the Opportunity when fhe faw them one Night in Diforder, got up into a v.ild Fig-Tree, and holding out a lighted Torch toward the City, gave the Romans a Signal to fall on ; which they did with fuch good Succefs as to obtain a confiderable Vidory [b). The Original of the Saturnalia^ as to the Time, is unknown, Macrolius alluring us, that it was celebrated in Itcly^ long be- fore the Building oi Rome[c)', the Story of 5tf/w;'«, in whofe Honour it was kept, every Body is acquainted with. As to the Manner of the Solemnity, befides the Sacrifices and other Parts of Publick Worfhip, there were feveral lefTer Obfervations worth our Notice. As firft, the Liberty now allowed to Ser- vants to be free and merry with their Mafters, fo often alluded to in Authors. It is probable this was done in Memory of the Liberty enjoyed in the Golden Age under Saturn, before the Names of Servant and Mafter were known to the World. Be- fides this, they fent Prefcnts to one another among Friends : No War was to be proclaimed, and no Offender executed : The Schools kept a Vacation, and nothing but Mirth and Free- dom was to be met with in the City. They kept at firft only one Day, the 14th of the Kalends of January : But the Num- ber was afterwards increafed to three, four, five, and iotnQ fay, feven Days [d]. {a) Plutarch, in Romulo. (A) Plutarch, in Rctnulo, & in Camilh. [c) Macr»h, Saturn, lib, J. cap. 7. {d) LifJ. Saturnal. lib. i, cap, 3. PART PART O O K III. Of the Civil Government of the Romans. CHAP I. Of the General Divifion of the People. O MU L US, as foon as his City was tole- rably well filled with Inhabitants, made a Diftindion of the People according to _^^ Honour and Quality; giving the better _,^^^[,11J||K^ Sort the Name of Ptf/r^i", or Patricli, and ^W'-S^^Jvli^ the reft the common Title of Plebeii. To ^^{^^^M^h^ bind the two Degrees more firmly toge- '^^^^^^^^ " ther, he recommended to the Patricians fome of the Plebeians to protect and countenance ; the former being ftyled Patroiii, and the latter CUniies. The Patrons were always their Clients Counfellors in difficult Cafes, their Advo- cates in Judgements ; in fliort, their Advifers and Overfeers in all Affairs whatever. On the other Side, the Clients faithfully ferved their Patrons, not only paying them all imaginable Refpccl and Deference, but ifOccafion required, allifting them with Money tov/ards the defraying of any extraordinary Charges. But afterwards, when the State grew rich and great, though all other good Offices continued between them, jet it was thought a difhonourable Thing for the better Sort to take a ny Money of their Inferiors [a]. [a) Vide Dionyj. lib. 2. L;z/, lib. I, Pk'iercb, \n RcnuJa. G The 98 Of the Civil Government of Part II. The Divifion of the People into the three diftincS: Orders of Senators^ Knights^ and Commons^ took its Rife about the Time of Tarqiuns Expulfion. The Senators were fuch Perfons as had been promoted to fit in the fupreme Council of State, either out of the Nobility or Commons. If out of the latter Order, they had the Honour of a Gold Ring, but not of a Horfe kept at the publick Charge; as Maniitius hath nicely obferved. The Ktiights were fuch Perfons as were allowed a Gold Ring and a Horfe at the publick Charge. The Commcus were all the Refl: of the People, befides thefe two Orders, inJuJing not only the inferior Popu- lacy, but fuch of the N(^bi!ity too as had not yet been eledcd Senators^ and fuch of the Gentry as had not a complete Knight's- Eftate : For Perfons were admitted into the tv/o higher Ranks according to their Fortunes ; one rhat was worth eight hundred Sejlcrtia^ Vv^as capable of being chofe Senator: one that had four hundred, might be taken into the Equejlrian Order. Augitjlus afterwards altered the Scnatorian Ellate to twelve hundred Sejierces ; but the EqitcJIrian continued the fame.. The three common Terms by which the Knights are men- tioned in Roman Authors, are Equc;., EqueJIris ordinis^ and Eqiicjlri loco tiatus. Of which the V^o former are, in all refpeds, the very fame. But the latter is properly applied to thofe EquiteSy whofe Fathers were indeed of the fame Order, but had never reached the Senatorian Dignity. P'or, if their Fathers had been Senators, they v/ould have been faid to have been born of the Se- natorian, and not of the EquefJriaii Rank. When we find the Optimatcs and the Popularcs oppofed in Authors, we muft fuppoie the former to have been thofe Per- fons, of what Rank foever, who Hood up for the Dignity of the chief Magldrates, and the rigorous Grandeur of the State ; and who cared net if the inferior Members fiiifered for the Ad- vancement of the commanding Powers. The latter we muft take likewife for thofe Perfons of what Rank foever, who courted the Favour of the Coir.mons, by encouraging them to fue for greater Privileges, and to bring Things nearer to a Le- vel. For it would be unreafonahle to make the fame Dirtinc- tion between thefe Parties, as Sigonius and others lay down, " That the Populares were thofe who endeavoured by their *' Words and Aclions to ingratiate themfelves with the Alul- ** titude; and the Optimates thofe who io behaved themfelves in (d) Vid. P. Mar.ut. de Crv. Ro>r. p. 5. « all JBook III. //6^ Romans. ^d *' all Affairs, as to make their Condu(St approi'cd by every good ** Man." This Explication agrees much better with the Sound of the Words, than with the Senfe of the Things, for, at this Rate, the Optirmtes and the Populares will be only other I'erms for the Virtuous and the Vicious, and it would be equally hard in fuch large Divifions of Men to acknowledge one Side to have been wholely honeft, and to affirm the other to have been entirely wicked. I know that this Opinion is built on the Authority of Cicero ; but if we look on him not only as a pre- judiced Pcrfon, but as an Orator too, we {hall not wonder, that, in diflinguifhing the two Parties, he gave fo infamous a Mark to the Enemies Side, and fo honourable a one to his own. Otherwife the Murtherers of Ccefar (who were the Optimates) ttiuft pafs for Men of the higheft Probity ; and the Followers of Augujlus (who were of the oppofite Fa6tion) muft feem in ge- neral a Pack of profligate Knaves. It would therefore be a much more moderate Judgement to found the Difference rather on Policy, than on Morality; rather on the P;inciples of Go- vernment, than of Religion and private Duty. There is another common Divifion of the People into Nobiles, Novi, and Ignobiles^ taken from the Right of ufing Pidtures, or Statues ; an Honour only allowed to fuch whofe Anceftors or themfelves had borne fome Curule Office, that is, had been Curule JEdile^ Cenfor^ Pr^to?', or Confid, He that had the Pictures or Statues of his Anceftors, was termed Nobilis : he that had only his own, Novus ; he that had neither Ignobtlis. So that yus imaglnis was much the fame Thing among them, as the Right of bearing a Coat of Arms among us : And their Novus Homo is equivalent to our upftart Gentleman. For a great while none but the Patricli were the Nobiles, be- caufe no Perfon, unlefs of that fuperior Rank, could bear any Curule Office. Hence in many Places of Livy, Salluji^ and other Authors, we find Nobilitas ufed for the Patncian Order, and fo oppofed to Plebs. But in After times, when the Com- mons obtained a Right of enjoying thofe Curzde Honours, they by the fame Means procured the 'Fiile of Nobiles^ and left it to their Polterity (^). Such Perfons as were free of the City, are generally diftin- guiftied into Ingcmii, Liberti, and Liberiini. The Ingenm were fuch as had been born free, and of Parents that had been al-» (a) Vide Sigon, de j^nr. Clij. Rom. Ub, 2. cap. 20. G 2 ways lOo Of the Civil Government of Part. II. ways free. The Lihertini were the Children of fuch as had been made free : Liberti, fuch as had been a6tually made free themfelves. The two common Ways of conferruig Freedom were by Tejlamcnt^ and by Manumijjion. A Slave was faid to he free by Tejiamentf when his Mafler, in Confideration of his faith- ful Service, had left him free in his laft Will : Of which Cuftom we meet with Abundance of Examples in every Hif- torian. Thefe kind of L'therti had the Title of Orcitii, becaufe their Mafters were gone to Onus. In Allufion to which Cuftom, when, after the Murder of Julius defar, a great Number of un- worthy Perfons had thruft themfelves into the Senate, without any juft Pretenfions, they were merrily diftinguifhed by the Term of Sena tores Orcini[a). The Ceremony of Manumijjion was thus performed : The Slave was brought before the Conful, and in After-times be- fore the Prater., by his Mafter, who laying his Hand upon his Servant's Head, faid to the Frator.^ Hunc Hominem libe' rum ejje volo ; and with that, let him go out of his Hand, which they termed } manu emittere. Then the Prator, laying a Rod upon his Head, called Vindi£fay faid, Duo eum liberum eJJe more ^Iritum. Hence Perfms^ Vindi^a pojlquam meus a Pratore recejji. After this the Li^or taking the Rod out of the Prator\ Hand, ftruck the Servant feveral Blows on the Head, Face, and Back ; and nothing now remained but Pileo donari, to receive a Cap in Token of Liberty, and to have his Name entered in the common Roll of Freemen, with the Reafon of his obtaining that Favour. There was a third Way of beftowing Freedom, which we do not fo often meet with in Authors ; it was when a Slave, by the Confent and Approbation of his Mafter, got his Name to be inferted in the Cenfors Roll : Such a Man was called liber cenju ; as the two already mentioned were liber teJla7nento.y and liber manumijfione. {a) Suelon, in Oilav, cap. 55. CHAP. Book III. the Romans, ioi Of CHAP. II. the S E N A T E. THE Chief Council of State, and, as it were, the Body of Magiflrates, was the Senate ; which, as it has been ge- nerally reckoned the Foundation and Support of the Roman Greatnefs, fo it was one of the earlieft Conftitutions in the Re- publick : For Romulus lirft chofe out a hundred Perfons of the beft Repute for Birth, Wildom, and Integrity of Manners, to affift him in the Management of Affairs, with the Name of Sena- tores^ or Patres, from their Age and Gravity (vel cetate^ vel cures fimilitud'ine Patres apellahantur, fays Sallu/i :) a Title as honoura- ble, and yet as little fubjeil to Envy, as could poflibly have been pitched upon. After the Admiflion of the Sabines into Rome, an equal Number of that Nation were joined to the for- mer Hundred [a). And Tarquinius Prifcus, upon his firft Suc- ceflion to the Crown, to ingratiate himfelf with the Commons, ordered another Hundred to be fele<3:ed out of that Body, for an Addition to the Senate [b)^ which before had been ever filled with Perfons of the higher Ranks. Sylla the D'lSiator made them up above four Hundred ; yulius Ccefar nine Hundred ; and, in the Time of the fecond Triumvirate^ they were above a Thoufand ; no Diftinition being made with Refpe6l to Merit or Quality. But this Diforder was afterwards redlified by Auguftus, and a Reformation made in the Senate, according to the old Conflitution [c). The Right of naming Senators belonged at firfl to the Kings ; afterwards the Confuls choie, and referred them to the People for their Approbation : But, at laft, the Cenfors engrofled the whole Privilege of conferring this Honour. He that ftood firft in the Cenfor\ Roll, had the honourable Title o^ Princeps Sena- ius [d] : Yet the chief Magiftrates, as the Confuls, Diclator, ^c. were always his Superiors in the Houfe. Beildes the Eflate of eight Hundred, or, after Auguf.us^ of twelve hundred Sejlertia, no Perfon was capable of this Dignity, but one who had already borne fome Magiflracy in the Com- monwealth. And that there was a certain Age (even in latter {a) Dionyf, lib. 2. [b) Hem, lib. 3, {c) Sueun. in Augujl, cap. 35. (<0 -^ Cfll. lib, 3. cap. 18, G 3 TimesJ 102 Of the Civil Government of Part II, Times) required, is plain, from the frequent Ufe of Mtas Sena- toria in Authors. Dio Cajftus pofitively limits it to five and twenty («), which was the foonell Time any one could have difcharged the ^ajiorjhip, the firft Office of any confiderable Note : Yet we meet Vv^ith very many Perfons promoted to this Order, with- out any Confideration had to their Years ; as it ufually happened in all other Honours whatever. As to the general Title of Pat res Confcripti given them in Au-« thors, it was taken as a Mark of Di(lin6tion, proper to thofe Senators who were added to Romulus^s Hundred either by Tar- quinlus Prifcus, or by the People upon the Eftablifhment of the Commonwealth : But in After-times, all the Number were pro- mifcuoufly ftiled Patres, and Patres Confcripti [b). We may take a further View of the Senators, confidered all together as a Council or Body. The Magirtrates, who had the Power of alTembling the Sena-< tors, were only the Dilator, the Confuls^ the Prceton^ the Tribunes of the Commons, and the Interrex. Yet upon extraordinary Ac- counts, the fame Privilege was allowed to the Tributii Militum in- veJledwithConfidar Power ^ and to the Decemvirs, created for the regulating the Laws; and to the other Magiftrates chofen upon fome unufual Occafion. In the firft Times of the State, they were called together by a publick Crier; but when the City grew larger, an Edi£t was publifhed to command their Meeting (^). The Places where they aflembled were only fuch as had been formerly confecrated by the Jugurs, and moft commonly within the City ; only they made Ufe of the Temple of Bellona without the Walls, for the giving Audience to foreign Ambafladors, 9nd to fuch Provincial Magiftrates as were to be heard in open Senates., before they entered the City; as when they petitioned for a Triumph, and the like Cafes. Pliny too has a very re- markable Obfervation, that whenever the Augurs reported that an Ox had fpoke, which we often meet with among the ancient Prodigies, the Senate was prefently to i\tfub Dio, or in the open Air {d). As for the Time of their Sitting, we muft have Recourfe to the common Diftindlion of Senatus legiiimus, and Senatus indi^us. The former was when the Senate met of Courfe, upon fuch Days as the Laws or Cuftom obliged them to. Thefe were the Kalends, Nones, and Ides in every Month, 'till the Time of Ju- gujliis, who confined them to the Kalends and Ides. In the Months (a) 7-w. ^z. (6) p. Manut. de Stnat. & C. S^gon. de Antiq. Jur. C. R, .) P. Manui, deSetia:. Rom. {) Plut, in CalsreUiicenf, (fays Book III. the Romans, 107 (fays he) dojl ufe to walk upon thy Hands P The Clown was fo far from being pleafed with this Piece of Wit, that he complained of the AfFront, and loft the Gentleman the Honour which he fued for. Such Perfons as openly favoured their Defigns, have been di- ftinguifhed by the Names of Salutatores, Dedudlores^ and Se^a- tores {a). The firft Sort only paid their Compliments to them at their Lodgings in the Morning ; and then took their Leave. The feeond waited upon them from thence, as far as the Forum, The laft compofed their Retinue through the whole Circuit. Pliny has obliged us with a farther Remark, that not only the Perfoii who flood for an Office, but fometimes too the moft confiderable Men of their Party, went about in the fame formal Manner, to beg Voices in their Behalf: And therefore when he would let u$ know his great Diligence in promoting the Intereft of one of his Friends, he makes Ufe of the fame Phrafes which are commonly applied to the Candidates themfelves ; as Ambire domos^ Prenfare flmicosy Circu7nireJlationes{b)^ Sic. The Proceedings in the Eledions will fall more properly un- der the Account of the AfTemblies where they were managed. (a) Rcftn, lib. 7. cap. 8. (i) Plin. Epifi, lib. 2. ep. g. CHAP. IV. Of the CONSULS. ^T^HE Confular Office began upon the Expulfion of the TaV" ^ quins^ in the Year of the City 244. There arc feverel De- rivations given of the Word, that o( Cicero a Confulendo (a)y is generally followed. Their Power was at firft the fame as that of the Kings, only reftrained by Plurality of Perfjns and Short* nefs of Time : Therefore Tul/y calls it Regmn Imperium [b), and Regia PoteJlas{c). In War they commanded in Chief over Ci- tizens and AfTociates, nor were they lefs abfolute in Peace, ha- ving the Government of the Senate itfelf, which they afTembled or difmified at their Pleafure. And though their Authority was very much impaired, firft by the Tribunes of the People, and afterwards upon the Eftabhfliment of the Empire ; yet they were ilill employed in confulting the Senate, adminiftering Juftice, (fj) Cicero de leg. lib. 3. i^b) Ibid, {c) JJcm de Petttiont Cor.JuIatus. managing io8 Of the Civil Goverme7it of Part II. managing Publick Games, and the like; and had the Honour to characterize the Year by their own Names. At the firft Inftitution this Honour was confined to the No- bility ; but in the Year of the City 387, the Commons ob- tained the Privilege of having one of their own Body always an Aflbciate in this Office. Sometimes indeed the Populacy were fo powerful, as to have both Confuls chofe out of their Order ; but generally /peaking, one was a Nobleman, and the other a Commoner. No Perfon was allowed to fue for this Office, unlefs he was prefent at the Ele6tion, and in a private Station ; which gave Occafion to the Civil Wars between Pompcy and C^far ; as has been already obferved. The common Age required in the Can- didates was forty-two Years. This Cicero himfelf acquaints us with, if we allow a little Scope to his Way of fpeaking, when he fays that Alexander the Great, dying in the thirty-third Year, came ten Years fhort of the Confular Age {a). But fometimes the People difpenfed with the Law, and the Emperors took very little Notice of the Reftraint. The Time of the Confuls Government, before Julius Cafar, was always a complete Year : But he brought up a Cuftom of fubftituting Confuls at any Time for a Month or more, accord- ing as he pleafed. Yet the Confuls^ who were admitted the firft of January^ denominated the Year, and had the Title of Ordinarii ; the others being ftiled Snff'eSii[b). The chief Ornaments and Marks of their Authority were the white Robe edged with Purple, called Pratexta ; which in after- times they changed for the Toga Pabnota, or Pi£la^ be- fore proper only to fuch Perfons as had been honoured with a Triumph ; and the twelve Lidors^ who went before one of them one Month, and the other the next, carrying the Fafccs and the Securis, which, though Valerius Poplicola took away from the FafceSf yet it was foon after added again. Their Authority was equal ; only in fome fmaller Matters, he had the Precedency, according to the Valerian Law, who was oldeft ; and he, according to the Julian Law who had moft Children. (a) Ciceron, Philip 5. (i) Dio, lib, 43, Sueton. in Julio, cap. 76, &c. CHAP. Book III. tJoe Romans. log CHAP. V. Of the Dictator and his Majier of Horfe, *~T^ H E Office of Di£iator was of very early Original : For, ■■• the Latins entering into a Confederacy againft Kome to fup- port Tarquins Caufe after his Expulfion, the Senate were under great Apprehenfions of Danger, by Reafon of the Difficulty they found in procuring Levies to oppofe them : While the poorer Commons, who had been forced to run themfelves into Debt with the Patricians., abfolutely refufed to lift themfelves, unlefs an Order of Senate might pafs for a general Remiiuon. Now the Power of Life and Death being lately taken from the Con- fuls by the Valerian Law, and Liberty given for an Appeal from them to the People, they could not compel any Body to take up Arms. Upon this Account they found it neceflary to create a Magiftrate, who for fix Months (hould rule with abfolute Authority, even above the Laws themfelves. The firft Perfon pitched upon for this Honour, was Titus Largiiis Flavins, about J. U. C. 253, or 255 [a). This fupreme Officer was called Diiiator, cither becaufe he was Di^us^ named of the Conful, or elfe from his dictating and commanding what (hould be done (/>). Though we fometimes meet with the Naming of a DiSiator upon a fmaller Account, as the Holding the Comitia for the Election of Confuls, the Celebra- tion of publick Games, the Fixing the Nail upon J-oves Temple (which they called clavurn pangere., and which was ufed in the Times of primitive Ignorance, to reckon the Number of the Years, and in the Times of latter Superftition, for the averting or driving away Peftilences and Seditions) and the like ; yet the true and proper Dit^ator was he, who had been inverted with this Honour upon the Occafion of dangerous War, Sedition, or any fuch Emergency as required a fudden and abfolute Command (c). And therefore he was not chofen with the ufual Formalities, but only named in the Night, viva voce., by the Conful (^), and con- firmed by the Divination from Birds {e). The Time affigned for the Duration of the Office was never lengthened, except out (3) Dionyf. y^ntif. lib. 5, Liv. lib. 2. (i) Il»'J. (c) Lipf. d^^Mugtjlrat. rap, 17. {d) Liv. lib. 4. {e) Cicero de Leg. lib. 3. of no Of the Civil Oovernment of Part IL of mere Neceflity : And as for the perpetual DiSlatorJhips of Sylla and Julius Cafar, they are confefTed to have been notorious Vi- olations of the Laws of their Country. There were two other Confinements which the Dilator was obliged to obferve. Firft, he was never to ftir out oi Italy ^ for Fear he fhould take Advan- tage of the Diftance of the Place to attempt any Thing againft the common Liberty [a). Befides this, he was always to march or» Foot ; only upon Account of a tedious or fudden Expedition, he formally afked Leave of the People to ride [b). But fetting afide thefe Reftraints, his Power was moft abfolute. He might pro- claim War, levy Forces, lead them out, or difband them, with- out any Confultation had with the Senate : He could punifli as he pleafed ; and from his Judgement lay no Appeal {c) ; at leaft not till in latter Times. To make the Authority of his Charge more awful, he had always twenty-four Bundles of Rods, and as many Axes, carried before him in publick, if we will believe Plutarch (d) and Polybhts {e). Though Livy attributes the firft Rife of this Cuftom to Sylla (f). Nor was he only inverted with the joint Authority of both the Confuh\ (whence the Gro'cians czWd him Aicru'^alog^ or Double Conful •,) but during his Admi- niftration, all other Magiftrates cealed, except the Tribunes, and left the whole Government in his Hands [g). This Office had the Repute to be the only Safeguard of the Commonwealth in Times of Danger, four hundred Years to- gether : Till Sylla and Cafar h2.v'mg converted it into a Tyranny and rendered the very Name odious: Upon the Murther of the latter, a Decree pafled in the Senate, to forbid the Ufe of it upon any Account whatfoever for the future (/;). The firft Thing the Dilator did, was to chufe a Magijler Equ'itum, or Mafter of the Horfe, (he himfelf being in ancient Times, by a more general Name, termed Magijler Populi) who was to be his Lieutenant-General of the Army, but could a6l nothing without his exprefs Order, yet, in the War with Han-' nibaly when the flow Proceeding of Fabius Maxinius created a Sufpicion in the Commons, they voted, that Minutius, his Ma- tter of the Horfe, fhould have an equal Authority with Fabiut- himfelf, and be, as it were, another Z)/^^/5r(/). The like was afterwards pra^lifed in the fame War upon the Defeat atC<3««/?, uhen, the Diclator, M. Junius, being with the Army, Fabius (fl) Eio Hiji. lib. -!,(,. (*) Plut. in Fab. Max. (f) Di-^ryf. A'.tiq. lib. S. [d) In lab. Max. [e) BiJl.Wh. 3. (f) Epitom.Wh. Z<). {g) Flut. in Fah. Max, {t) Dip, lib. 44. ^f-.iian, lib, 3. (/) P'.utarcb. in Fab, Max. Polybius, lib. 3. Butst Book III, /^^ Romans* hi Buteo was chofe a fecond Dilator at Rome^ to create new Sena- tors for the fupplying of their Places who had been killed in the Battle : Though as foon as ever the Ceremony was over, he immediately laid down his Command, and aited as a private Perfon [a). There was another Expedient ufed in Cafes of extreme Emergency, much like this Cuftom of creating a DiSiator; and that was, to inveft the Confuls, fometimes the other chief Ma- giftrates, as the Prsetors, Tribunes, i^c. with an abfolute and uncontroulabie Power. This was performed by that fhort vet full Decree of Senate, Dent operam Confides^ Sic. ne quid Detri- rnenti capiat Refpuhlica. Let the Confuls^ &c. take Care that the Commonwealth juff'er no Damage^ {a) Plutarch. Ibid. C H A p. VI. Of the P R iE T O R S. '"pHE Original of this Office, inftituted in the Year of the ^ City 389, is owing to two Occafions : Partly becaufe the Confuls being very often wholely taken up with foreign Wars, found the Want of fome Pei (on to adminifter Juftice in the City; and partlv becaufe the Nobility, having loft their Appro- priation of the Confulfhip, were ambitious of procuring to therrt- felves fome new Honour in its Room [a). At the firfl, only one was created, taking his Name a prceeundo \ and for the fame Reafon moft of the old Latins called their Commanders Prato^ res : And the Confuls are fuppofed to have ufed that Title at their firft Inftitution. A. U. C. 501 another Prator was added ; and then one of them applied himfelf wholely to the preferving of Juftice among the Citizens, with the Name of Prcstor UrbanttSy while the other appointed Judges in all Matters relating to Fo- reigners. But upon the Taking in of Sicily and Sardinia, A. U. C. 520, two more Prators, were created to aflift the Confuls in the Government of the Provinces ; and as many more upon the entire Conqucft of Spain, A. U. C. 551. Sylla increafed the Number to («) Liv. lib. 7. circa Prircif), eighti 112 Of the Civil Government of Part II. eight ; Julius C^far firft to ten, and then to fixteen ; the fecond Triumviri, after an extravagant Manner, to fixty-four. After this, fometimes we meet with twelve Prators^ fome- tlmes fixteen or eighteen ; but, in the Dcclenfion of the Empire, they fell as low again as three. When the Number of the Pnstors was thus increafed, and the ^ueeJlioncSy or Enquiries into Crimes, made perpetual, and not committed to Officers chofcn upon fuch Occafions, the Prcctor JJrhanus (and, as Lipjius thinks, the Prcetor Pcregrinui) undertook the Cognizance of private Caufes, and the other Pr.«'?«/ri that of Crimes. The latter therefore were fometimes called ^iccfttores quia quarehant de Crimine ; the firft barely jus dicebat. Here we muft obferve the Difference between jus dicere zndjudiairei, the former relates to the Prestor, and fignifies no more than the allowing an Action, and grantimj yudices for determining the Controverfy; the other is the pro- per Officer of the yudices allowed by the Prcetcr^ and denotes the actual hearing and deciding of a Caufe [a). {a) p. Mamit. dc hgilus, p. 826. CHAP. VII. Of the CENSORS. ^T^HE Cenfus^ or Survey of the Roman Citizens and their Ef- ^ tates (from Cenj'eo^ to rate, or value) was introduced by S,er- vius TuUins the fixth King, but without the Affignment of any particular Officer to manage it : And therefore he took the Trou- ble upon himfelf, and made it a Part of the regal Duty. Upon the Expulfion of the Tarquins^ the Bufinefs fell to the Conjuls^ and continued in their Care, 'till their Dominions grew fo large as to give them no Leifure for its Performance. Upon this Ac- count, it was wholely omitted feventeen Years together, 'till A. U. C. 311, when they found the Neceffity of a new Magif- flracy for that Emplf»yment, and thereupon created two Cenfors : Their Office was to continue five Years, becaufe, every fifth Year, the general Survey of the People ufed to be performed : But when they grew to be the moft confiderable Perfons in the State, for fear they fliould abufe their Authority, A. U. C. 420. a Law Book III. M^ R o M A N a. 113 Law pafTed, by which their Place was confined to a Year and a half; and therefore, for the future, though they were eleded. every five Years, yet they continued to hold the Honour no longer than the Time prefixed by that Law. After the fecond Punick War, they were always created out of fuch Perfons as had been Confuls, though it fometimes hap- pened otherwife before. Their Station was reckoned more ho- nourable than the Confulfhip, though their Authority, in Mat- ters of State, was not fo connderable. And the Badges of the two Officers were the fame, only that the Cenfors were not allowed the LiSiors to walk before them, as the Confrds had. Lipfius divides the Duty of the Cenfors into two Heads ; the Survey of the People, and the Cenfure of Manners. As to the former, they took an exa6l Account of the Eftates and Goods of every Perfon, and accordingly divided the People into their proper Chjfes and Centuries. Befides this, they took Care of the publick Taxes, and made Laws in Reference to them. They were In fpedors of the publick Buildings and Ways, and defrayed the Charges of fuch Sacrifices as were made upon the common Account. With Refpefl to the latter Part of their Office, they had the Power to punifh an Immorality in any Perfon, of what Order foever. The Senators they might expel the Hcufe, which was done by omitting fuch a Perfon when Senatu ejicere, they called over the Names. The Equites they punifhed by taking away the Morje allov.'ed them ^''"'" " '**''^* at the publick Charge. The Commons they Tribu mwere. might either remove from a higher Tribe to a lefs honourable; or quite dijable them to give In Caritum Ta- their Votes in the Aifcmblies; or fet a Fine f-^'" ^ f^7Z upon them to be paid to the Treafury. And fome- facers. times when a Senator., or Eques, had been guilty of any notorious Irregularity, he fuffered two of thefe Punilh- ments, or all three at once. The greateft Part of the Cenfors publick Bufinefs was per- formed every fifth Year, when, after the Survey of the People, ^nd Inquifition into their Manners, taken anciently in the Foruniy and afterwards in the Villa Publico, the Cenfors made a folemn Lujlration, or expiatory Sacrifice, in the Name of all the Peo- ple. The Sacrifice confided of a Sow, a Sheep, and a Bull, whence it took, the Name cA Suoveiautilia. T'he Ceremony of performing it th^y c??^t6, Luftrtim'condcj-e \ and upon this Ac- count the Space of five Years came to be fignified by the Word Liiftrum. H ' It 114 Of the Civil Government of Part II. It is very remarkable, that, if one of the Cenfors died. No- body was fu'oftituted in his Room 'till the next Lujirum, and his Partner was obliged to quit his Office; becaufe the Death of a Cenfor happened jud before the facking of Rome by the Gauls^ and was ever after accounted highly ominous and un- fortunate {a). This Office continued no lonp;er than to the Time of the Emperors, who performed the fame Duty at their Pleafure : And th^ Flavian Family^ i. e. Vejpafian and his Sons took a Pride (as Mr. lFalker{b) obferves, to be called Cenfors^ and put this among their other Titles upon their Coins. Decius the Emperor entered on a Defign of reftoring the Honour to a particular Magiftrate, as heretofore, but without any Succefs (r). (^) L/rr. lib.4. cap, 9. Plui. Proil. S9. {b) Of Coins and Midats. {c)Tr:btl. Foil, in Deao. CHAP. VIII. Of the QJLJ ^ S T O R S. 'TpHE Original of the ^lajlors [a qu/srendo^ from getting -■■ in the Revenues of the Scate) Dinnyjius [a) and Livy [b) place about J. U. C. 269. Plutarch indeed, with fome fmall I)ifference, refers their Inflitution to the Time of Valerius Pop- lic']la, when he allotted the Temple of Saturn for the Treafury (to which Ufe it always ferved afterwards) and granted the Peo- ple the Liberty of chufing two young Men for the Treafurers (c). This was the wliole Number at the Beginning : But afterwards, two others were created, Ji.V.C. 332, to take Care of the Payment of the Armies abroad, of the felling Plunder and Booty* ^c. For which Purpofe they generally accompanied the Cc'w/I'/jjn their Expeditions ; and upon this Account were diftinguifhed from the other ^ajlors^ by the Name of P^r^- grini^ and gave them Occafion to afTume the Title of Urbam. This Number continued till the entire Conquefl: of Italy j and tlien it was again doubled, yl. U. C. 439. The four that were now added, had their Refidence with the Proconfuh and Pro- pratars \n the Provinces^ where they employed themfelves in re- gulating the Taxes and Cuftoms due from thence to the Stale. {a) Lib. 8. (/■) Lib. 3. (<-; PJut. in P;^!ic»l. Syh'a Book III. the Romans. ii^ ^ylla the DiSiator^ as Tacitus informs us (^), created twenty fiejiors to fill up the Senate, and Dio (b) mentions the creating forty by 'Jul'im Ca:far upon the fame Defigi. The chief Offices of the ^levjlors were the receiving, lodgino-, and carrying out Ambafladors, and the keeping the Decrees of the Senate appointed them hy Jugii/ius[c)^ which before had been under the Care of the /Ed'iles and Tribunes. From hence came the two Offices of ^ajior Prijidpis, or yfu- gujii^ called fometimes Cmididatus Principis, defcribed by Briffo' nius [d)^ and refembling the Office of our Secretary of State, and ^ueejior Palatii, \n{{\i\i\.td hy Co7iJiantine the Great \ anfwerin? in moft Refpeds to the Place of the Lord Chancellor amongft us. Perhaps we ought not here to make a Diftindion of Offices ; the ^lajhres Candldati being honoured by Conjlantine with the new Title of ^ajlores Palatii, and admitted to greater Truft, and more important Bufinefs [e). The ^tsjiorjhip v^zs the firft Office any Perfon could bear in the Commonwealth, and might be undertaken at the Age of twenty-four or twenty-five Years. _ {a) Avnal. lib. r. () Lib. 43. (c) Dlo. lib. 54. (d) SeleB. Anquitat, lib. I. cap. 16. {c) Notit. Dignitat. Imp, Orient, c. 73. CHAP. IX. Of the Tribunes of the People. 'TpHIS Office owes its Original to a Quarrel between the -*■ Nobility and Commons, about y/. U. C. 260 ; when the latter making a Defedion, could not be reduced into Order, 'till they had obtained the Privilege of chufing feme Magiftrates out of their own Body, for the Defence of their Liberties, and to interpofe in all Grievances and Impofitions offered by their Superiors (^). At firft only two were elected ; but three mo.f-a were quickly added ; and about A. U. C. 297, the Number was made up ten, which continued ever after. Their Authority v/as extraordinary : For, though at firfl they pretended only to he a Sort of Proteclors of the Commons, and RedrefTers of publick Grievances, yet afterwards they ufurped the Power of doing almofi: whatever thcv pleafed, having the («} Dlcriyf. Jib. 9. V.f. I'b, 2, i^c. H 2 whole ii6 Of the Civil Government of Part. II. whole Populacy to back and fecure them : And therefore they ailembled the People, preferred Laws, made Decrees, and exc- cvited them upo*.i the Magiftrates themfelves ; and fometimes commanded the very Confuls to be carried to Prifon : And were, without Queftion, the Authors of far greater Animofities between the Nobles and Commons, than they were at firft created to appeafe. That which gained them the greateft Security, was their Re- pute of being Sacro-fanH't^ Which they confirmed by a Law : So that it was reckoned the higheft K6k of Impiety to offer them the lead Injury, or fo much as to interrupt them when they were fpeaking. Their interpofrng in Matters determined by the Senate, or other Magiftrates, was called Intcrcejfto^ and was performed by Handing up, and pronouncing only one Word, VETO.. As for theEnfigns of their Office, they had no Pratexta, LiSlcrs^ nor Curule Chair ; and only a Sort of a Beadle, whom they called fTiatoi^ went before them. Sylla the Dilator was the firft who dared to put a Stop to the iiKioachmenrs of theTrilnw.es; but they foon recovered their old Power again, till the Time of the Emperors, who left them very little but the Name and Shadow of Magiftrates : This they efte<51ed as by feveral Means, fo particularly by obliging the People to confer the fame Power and Authority on themfelves : Whence they were faid to be Tribimitia Potejlate donati : For they could not be directly Tribimii unlefs their Family had been PitiJilan. C H A P. X. Of the .^ D I L E S. 'Tp H E Commons had no fooner prevailed with the Senate to ■*■ confirm the Office of Tribums^ but they obtained further the Privilege to chufe yearly, out of their own Body, two more Oilicers, to afHit thofe Magiftrates in the Difcharge of fome par- ticular Services («), the Chief of v.'hich was the Care of pubiick f^dfiices, whence they borrowed tlieir Name. Rofmiis, for Dif- tinclion's Sake, c.!!s them /Ed'dcs Plehis. Befides the Duty men- tioned above, they had feveral other EiDpIoyments of IcfTer Note; as to attend on the Tribunes of the People, and to judge {a) Di-.r.yf. lib. 6. fome Book IIJ[. the Romans. 117 fome inferior Caufcs by their Deputation, to rcciify the Weights and Meafures, prohibit uniawful Games, and the ]ike. A. U. C. 389, two more Md'iles were clewed out of the Nobi- lity, to infped: the public Games {a). They v/ere called /Ediles Curtilcs, becaufe they had the Honour o{ iiiliig the Sella Curulis ; the Name of which is generally derived ii curru[h)^ becaufe they fat upon it as they rode in their Chariots ; but Lipfeus fan- cies it owes its Name, as well as i:s Invention, to ihcCureifs, R People of the Sab'mes. The Curiiles Mdiki^ befiJes their proper Office, v.'ere to take Care of the Building and Reparation of Temples, Theatres, Baths, and other noble Structures ; and were appointed Judges in all Cafes relating to the felling or exchanging of Jflft^tes. . 'Julius Cafar, J.U.C. 710, added two more /EdiL s o\it of t^e Nobilitv, with the Title oi MdilesCereales, from Ceres, be- caufe their Bufmefs was to infpeiSl: the publick Stores of Corn and other Provifions ; to fupervife all the Commodities expofed in the Markets, and to punifli Delinquents in all Matters concern- ing buying and felling (c). {a) Li-v. lib. 6 & 7. (/-) JgeU. lib. 3. cap. 18. (r) Dio. lib. 43. ic Fompan. lib. 2, F. dc Orig. juris. CHAP. XL €/ the DECEMVIRI. A Bout the Year of Rome 291, the People thinking themfelves ■^^ highly wronged, that though they had freed themfelves from the Government of the Kings, yet ftill the whole Decifion of Equity and Jurtice fhould lie in the Breaft of the fupreme Magiftrates, without any written Statue to direit them ; pro- pofed to the Senate by their Tribunes^ that ftanding Laws might be made which the City fliould ufe for ever. The Bufmefs hung in Sufpenfe feveral Years; at laft: it was concluded to fend Am- bafladors to Athens, and other Grcscian Cities, to make Collec- tions out of the beft of their Conftitutions, for the Service of their Country in the new Defign. Upon the Return of the Commifiioners, the Tribunes claiming the Promife of the Senate^ to allow them a new Magillracy for the putting the Projedt in Execution, it was agreed, that ten Men out of the chief Sena- tors fhould be eleded : That their Power (hould be equal to that H 3 of 1 1 8 ^f the Civil Governme?2t of Part II. of the KlngSy or Confulsy for a whole Year : And that, in the mean Time, all other Offices fhouM ceafe. The Decemviri having now taken the Governmenc upon them, agreed that only one of them fhould at any Time enjoy the Fafces and other Confiilar Ornaments, fhould aiTemhle the Senate^ confirm De- crees, and act in all Refpecfts as Aipreme Magiftrate. To this Honour they were to fucceed by Turns, 'till the Year was outj and the Reft were obliged to differ very little in their Habits from private Perfons, to give the People the lefs Sufpicion of Tyranny and abfolute Government. At length, having drawn up a Model out of fuch Laws as had been brought from Greece ^ and the Cuftoms of their own Country, they expofed it to the publick View in ten Tables, Liberty being given for any Pcrfon to make Exceptions. Upon the general Approbation of the Citizens, a Decree paffed for the Ratification of the new Laws, which was performed in the Pre- fence of the Priefts and Augurs^ in a moft folemn and religious !Manner. This Year being expired, a farther Continuance of this Office was voted neceffarv, becaufe fomething feemed yet to be wanting for the perfecitng of the Defign. The Decemviri-^ who had pro- cured themfelves the Honour in the newEleition, quickly abuied their Authority ; and, under Pretence of reforming the Com- monwealth, fhowed themfelves the greateft Violators of Juflice and Honefty. Two more Tables, indeed, they added to the firlh and fo feemed to have anfwered the Intent of their Inftitu- tion : Yet they not only kept their Office the remaining Part of that Year, but ufurped it again the next, without any Regard to the Approbation of the Senate or People. And though there was fome Stir made in the City for putting a Stop to their Ty- raimy ; yet they maintained their abfolute Power, 'till an Action of their chief Leader Jpp'ius gave a linal Ruin to their Au- thority ; For he, falling delperately in Love with Virginia^ the Daughter of a Plebeian^ and profecucing his Paffion by fuch un- lawful Means, as to caufe the killing of her by her own Father (the Story of which is told at large by Livy) gave an Occafion of a Mutiny in the Army, and a general Diflike through the whole City; io that it was agreed in the Senate, to let the fame Form of Government return, which was in Force at the Creation of the Dec£r:vir: (V?). f«^ A:-:', lib. 5. Cicyvf. lib. S. C H A P, Book III. //6^ Romans. 119 CHAP, XII. 'Tribiini MUitu?n Confidari Potejlate. [ T TPON the Conclufion of the Decemvirate, the firfl Confuls ™ ^^ that were elected, appearing highly inclined to favour the Commons, gave them fuch an Opportunity of getting a Head in the State, that, within three Years afterwards, they had the Confidence to petition for the Privilege of being made capable of the Coni'uilhip, which had been hitherto denied them. The ilifFeft of the Patricians violently oppofed their Requef}, as 2 fair Means to ruin their Honour and Authority, and to bring all Perfons, of whatever Qi^iality, upon the fame Level. But a War cafuaily breaking out at the fame Time in the Confederate Countries, which the Romans were obliged to affift, the Ccnfuh, by Reafon of the DiiFenfions upon this Account in the City, could not, with all their Diligence, procure any Levies to be made, becaufe the Tribunes of the Commons oppofed ail their Orders, and would let no Soldiers be lifted, 'till their Petitioa had been canvaffed in the Senate. In this Exigency, the Fa^ thers were called together j and, after the Bufinefs had been a long Time debated v.^ith great Heat and Tumult, at lafl pitched upon this Expedient: That three Magiftrates fhould be elected gut of each Order, who being invefted with the whole Confular Power, at the End of the Year it fhould be in the Liberty of the Senate and People to have that Office or Confuls for the fol- lowing Year. Both Parties readily embraced this Propofa], and accordingly proceeded to an Election; where, though the whole Defign of this Stir had been purely to increafe the Honour of the Com- mons, yet, when the Matter came to be put to the Vote, they chofe none of that Order to the new Magiftracy, but conferred the Honour on three of the moft eminent P:>:o pirducLoKurco. after Book III. /y^^ Romans. i-?,, after the Csnfiih were denied that Privilege, and before the ^uajliones were made ferfttual. The puhliclc Servants ^.^i the Magiflrates had the common Name of Jpparitorcs, from the Word Jppnreo^ becaufe they al- ways flood ready to execute their Malters Orders. Ofthefc, the moft remarkable were the Scriba:; a Sort of publick Notaries, who took an Account of all the Proceedings in the Courts: In fome Meafure too they anfwered to our Attornies, inafmuch as they drew up the Papers and Writings which wer:^ produced before the Judges j Notarlus and Aquarius fignifying much the fame Office. Accenfi and Pracones, the publick Cri';rs, who were to call Witnefles, fignify the Adjournment of the Court, and the like. The former had the Name from Accieo^ and the other from Pracieo. The Pracones feem to have had more Bufinefs afligned them than the Jccoifi ; as, the proclaiming Things in the Street; the aflifting at pubUck Sales, to declare how much every one bids ; whereas the Accenfi more nearly attended on the Magif- trates : And, at the Bench of 'Jujllce^ gave Notice, every three Hours, what it was o'Clock. LiSiores : The Serjeans, or Beadles, who carried the Fojces before the fupreme Magiflrates ; as the Interreges^ DiSlators^ Con- fuh and Prators. Befides this, they were the publick Execu- tioners in fcourging and beheading. The Liters were taken out of the common People, whereas the Accenji generally belonged to the Body of the Libertim^ and fometimes to that of the Liberti (a). The Viator es were little different from the former, only that they went before the Officers of lefs Dignity, and particularly before the Tributics of the Commons. In ancient Times they were ufed to call the plain Senators out of the Country, whence Tully in his Cato Major derives their Name ; as if they were to ply about the Roads and Parks, and to pick up an Aflembly of rural Fathers, who perhaps were then employed in driving, or keeping their own Sheep. We mufl: not forget the Carnifex^ or common Hangman, whofe Bufinefs lay only in Crucifixions. Cicero has a very good Obfer- vation concerning him : That, by Reafon of the Odioufnefs of his Office, he was particularly forbid by the Laws to have his Dvvelling-houfe v.'ithin the City(Z'). (a) Sigoij. d: u-ln'.n. jf:ir, Cizi. Rom. lib. 2, cap. 15. [h] Cicers pro Rahirio. CHAP, 124 Of the Civil Government of Part II. CHAP. XIV. Of the Provi?2cial Magijirates ; and frjl of the Proconsuls. *TUHE Chief of the Provincial Officers were the Proconfuls. * Whether the Word ought to be written Proconfuly and declined, or FroconjuU^ and undeclined, Grammatlci cert ant, t^ adhuc fub judke lis eji. We may divide thefe Magiftrates into four Sorts ; Firft, Such as being Confuh, had their Office prolonged be- yond the Time prefixed by Law. Secondly, Such as were inveded with this Honour, either for the Government of the Provinces, or the Command in War, •who before were only in a private Station. Thirdly, Such as immediately upon the Expiration of their Confuljhlp went Proconfuh into the Provinces, in the Time of the Commonwealth. Fourthly, Such Governors as in the Times of the Empire, were fent into thofe Provinces which fell to the Share of the People. Proconfuh of the two former Sorts we meet with very rarely, only Lxvy gives us an Example of each [a). The third Kind more properly enjoyed the Name and Dig- nity, and therefore deferve to be defcribed at large, with Re- ference to their Creation, Adminiftration, and Return from their Command. They were not appointed by the People, but when at the Comii'ia Ccntur'iata nevy Confuls were defigned for the following Year ; one of the prefent Confuls propofed to the Senate what Province they would declare Confular^ and what Pratcrian^ to fce divided among the defgned Ccnfids and Prators. According to their Determination, the defigned Confuls., or Confuls ele5l, prefently agreed what Provinces to enter upon at the Expira- tion of their Office in the City, the Bulinefs being generally de- cided by caPiing Lots. («) Liv. Ub. 2. cap. 26, Afterwards, Book III. />^^ Romans. 125 Afterwards, in the Time of their Confiilfiip, they formally got Leave of the People to undertake the military Command, which could not be otherwife obtained. Bcfides this, they procured a Decree of the Senate^ to determine the Extent of their Provinces, the Number of their Forces, the Pay that fhould be allowed them, with all other Neceffaries for their Journey and Settlement. By the paffing of this Decree, they were faid Ornari Provincial and Cicero ufes in the fame Senfe Omari Jpparitof^ibus, Scribis^ &C. who made a Part of the Proconfurs Retinue. Nothing now remained, but at the End of the Year to fet forward for their new Government. But we muft obferve, that though the Senate had given them Leave to depart, yet the Tri- bunes of the Commons had Power to ftop their Journey ; and therefore becaufe Crajjus went Proconful into Parthia^ contrary to the exprefs Order of the Tribune^ he was generally believed to have loft the Roman Army, and his own Life, as a Judgement on him for defpifing the Authority of that Officer, whom they always counted Sacro-fanilus, At their firft Entrance on their Province, they fpent fome Time in Conference with their immediate PredeccfTors, to be in- formed of the State of Things, though their Adminiftration be- gan the very Day of their Arrival. Their Authority, both civil and military, was very extraordi- nary. The Winter they generally fpent in the Execution of the firft, and the Summer in the Difcharge of the latter. They decided Cafes of Equity and Juftice, either privately In their Prcstorium^ or Palace ; where they received Petitioners, heard Complaints, granted Writs, !;nde.r their Seals, and the like ; or elfe publickly in the Common- Hall, with the ufual Cere- monies and Formalities obferved in Courts of Judicature, the Proccfles being in all RefpecSts the fame as thofe at Rome. B^Tides this, by Virtue of their Edicts, they had the Power of ordering all Things relating to the Tribunes, Taxes, Contiibu- tions, and Provifions of Corn and Money, and whatever elfe belonged to the chief Adminiftration of Affairs. Their Return from the Command was very remarkable ; They either met their Succeffor at his Arrival, and immediately delivered into his Kands the Charge of the Army, being obliged to leave the Province in thirty Days j or elfe they came away beiorehand, and left a Deputy in their Room to perform ths Solemnity of a Refignation, having firit made up their Accounts ap.d left them in Wricing in the two chief Cities o^ their feveral V. Upon 126 Of the 011)11 Government of Part II, Upon their Arrival at Rome^ if they had no Thoughts of a Triumph, they prefently difmiflcd their Train, and entered the City as private Perfons. If they afpired to that Honour, they flil] retained the Fafces^ and other Proconfular Ornaments, and gave the Senate (affembled for that Purpofe in the Temple of Bellona) a Relation of their Actions and Exploits, and peti- tioned for a Triumph. But in both Cafes they were obliged to give in their Accompts into the publick Trcafury within thirty Days. Though the Pr5<:5«/i//j.- ordered Matters as they pleafed during their Honour; yet at their R.eturn, a very ftricl Account was made into the whole Courfe of their Government ; and upon the Difcovery of any ill Dealing, it was ufual to prefer Bills . againft them, and bring them to a formal Tryal. The Crimes niofl: commonly objected againtl them yNtrt Crhnen Peculatus y relating to the ill Ufe of the publick Money, and the Deficiency of their Accompts ; Majejlaiis^ of Treachery and Perfidioufnels againft the Commonwealth ; or Repetundarurn^ of Oppreflion or Extortion exercifed upon the Inhabitants of the Provinces, whom, as their Allies and Confederates, ihQ Ramans were obliged to patronize and defend. Jugnjliii^ when, at the Defire of the Senate and People, he afTumed the fole Government of the Empire, among other Con- liitutioDS at the Beginning of his Reign, divided the Provinces into two Parts, one of which he gave v/holely over to the Peo- ple, and referved the other for himfelf. After which Time, only the Governors fent into the firft Divifion bore the Name of Proconj'uh ; though they were denied the whole military Power, and fo fell (Lort of the old Procanjuh. To thefe four Sorts oi Proconfids^ we may add two more from Alexander o^ Naples. Firll, Such as the Senate created Proconfuh without a Province^ purely for the Command of the Army, and the Care of the mi- litary Difcipline : And, fecondly, fuch dcfigned Confuls as en- tered on their Proconjidar Office, before they were admitted to the CoPifulfhip. CHAP. Book III. /Z'^ Romans. 127 C H A. P. XV. Of the Provincial Prsetors and Propraetors ; of the Legati, Qu;iEflors, and Proquaeilors. TN the firft Times of the Commonwealth, the Provinces were governed by Prators, and as the Dominions of the State were enlarged, the Number of thofe Magiftrates was accordingly in- creafed ; yet even in thofe Times, if they continued in the Com- mand of the Province beyond the Time prefixed for the Continu- ance of their Pratorjhipy they took upon them the Names o^ Pro- frcstors^ though they ftill kept the fame Authority as before. About J. U. C. 604, the dcfigncd Pr^tors began to divide th« Prato7-'wn^ or lefler Provinces, by Lot, in the f^me Manner as the Confuh did the Coyifular ; and, w^hen at the End of the Year, they repaired to their refpecfiive Governments, afllimed the Title of Proprators. As their Creation was the fame as that of the Prs^ conjuls; fo their Entrance upon their Office, and the whole Courfe of their Adminiftration, was exactly anfwerabie to theirs; only that they were allowed but fix Li^ors, with an equal Number of Fa[ce^^ whereas the Proconfuls had twelve of each- Now though before the Time of Augnjlus^ the Proprietors^ by Reafon of their prefiding over the Provinces oflefll^r Note and Importance, were always reckoned inferior to the Proconfuls ; yet upon his Divifion of the Provinces, the Governors of thofe which fell to his Share, bearing the Name of Proprietors^ got the Pre- ference of the Proconfuls, in Refpt'6t of Povver and Authority ; being inverted with the military Command, and continuing in their O^cc as long as the Emperor pitafed. The chief AfTiftants of the Proconfuls and the Proprietors^ were the Legati and the Provincial ^lafiors. The former being dif- ferent in Number, according to ihe Quality of the Governor, whom they accompanied, ferved for the judging of inferior Caufes. and the Management of all fmaller Concerns, remitting everr Thing of Moment to the Care of the Governor, orPrefident. But though inftitiited at firft for Counfel only (h'ke ihc Deputies cfti:6^ Civil Government of Part 11. the fame Privilege was allowed to moH of the chief Magif- "trates, and fomctimes to the Pontifices. The Perfons who had the Liberty of voting here, were fuch Roman Citizens as belona^ed to th^ Curies ; or fuch as a61ually lived in the City, and confof-mcd to the Cuftoms and Rites of their proper C?///« j all thofe being excluded who dwelt with- out the Bounds of the City, and retaining the Ceremonies of their own Country, though they had been honoured with the Jus ChJtatis, or admitted free Citizens of Rome (a). The Place where the Ctiria met was the Comitium, a Part of the Forum defcribed before (If). ■ No (et Time was allotted for the holding of thefe or any of the other C5W//?<.7, but only as Bufinefs required. The People being met together, and confirmed by the Report of good Omens from the Augurs (which was necefTary irvall the Ailenihlies) the Rogatio, or Bufinefs to be propofed to them, was publickly read. After this, (if none of the Magiftrates in- terpofed) upon the Order of him that prcfided in the Comitia, the People divided into their proper Curj^^ and confulted of the T\.iatter J and then the Curia: h^xng called out, as it happened by Lot, gave their Votes, Man by Man, in ancient - ffabella. Times viva voce, and afterwards by Tablets; the ''^- moft Votes in every Curia going for the Voice of the whole Curia, and the mofl: Curia for the general Confent of the People (f). In the Time of Cicero, the Comitia Curiata were fo much oufe cf Faihinn, that they were formed only by thirty Li^ors re- prefentiiig the thirty Curia", whence in his fecond Oratiorz againft RuI'ms, he calls them Comitia adutnhraia. The Ccmitia Centuriaid were inltituted by Serviiis Tullius \ who obliging every one to give a true Account of what they were worth, according to thofe Accounts divided the People into fix Ranlc"?, or ClaJJes, which he fubdivided into 193 CentU" rics. The firjft Clajfis containing the Equites and richeft Citi- zens, conlifted of ninety-eight Cmturies. The fecond, taking in the Tradefmen and Mechanicks, made up two and twenty Centuries. The third, the fame Number. The fourth, twenty. Tiif fifth, thirty. And the laft, filled up with the poorer Sort, iud but. one Century (i). {a) £i£}n. de Antij. jur. Friyvinc. lib. 2. cap. I. (^) Se^ Part II. Book I, cy>. 5. 'c) Rtfiv. lib. 7. cap, 7. {d) Ha. DiinyftS'ih, 4. And / I- Book III. //^^ Romans, 131 And this, though it had the fame Name with the reft, was feldom regarded, or allowed by any Power in pubiick Matters. Hence it is a common Thing with the Roman Authors, when they fpeak of the ClaJJes^ to reckon no more than five, the fixth not being worth their Notice. This laft Clajfis was divided into two PartSj or OrderSj the Proletarii^ and the Capite Cenfi, The former, as their Name implies, were defigned purely to ftock the Commonwealth with Men, fince they could fupply it with fo little Money. And the latter, who paid the loweftTax of all, were rather counted and marfhalled by their Heads, than their Eftates [a). Perfonr of the firft Rank, by Reafon of their Pre-eminence, had the Name of Clajfici ; whence came the Phrafe of Claffici Aiithores^ for the moft approved Writers. All others, of what Clajfis foever, were faid to be infra Claffetn (I?). The Aflembly of the People by Centuries was held for the Ele(Sling of Confuls^ Cenfors, and Prcetors ; as alfo for the Judg- ing of Perfons accufed of what they called Crimen FerdiidUonisy or Ailions by which the Party had fhowed himfelf an Enemy to the State ; anJd for the Confirmation of all fuch Laws as were pro- pofed by the chief Magiftrates, and which had the Privilege of calling thefe AiTemblies. The Place appointed for their Meeting was the Campus Mar- tins ', becaufe in the primitive Times cjf the Commonwealth, when they were under continual Apprehenfions of Enemies, thfe People, to prevent any fudden Aflault, went armed, in martial Order, to hold thefe Aflemblies; and were for that Reafon for- bid by the Laws to meet in the City, becaufe an Army was upon no Account to be marfhalled within the Walls : Yet, in latter Ages it was thought fufficient to place a Body of Soldiers as a Guard in iht Janiculum^ where an Imperial Standard was eredled, the taking down of which denoted the Conclufion of the Comitia. Though the Time of thefe Comitia for other Matters was un- determined ; yet the Magiftrates, after the Year of the City 6oi, when they began to enter on their Place on the Kalends of Ja- nuary^ were conftantly defigned about the End of Julyy and the Beginning of Auguji. All the Time between their Ele£Hon and Confirmation, they continued as private Perfons^ that Inquifition might be made into the Eledion, and the other Candidates might have Time to enter Objedions, if they met with any Sufpicion of foul Dealing. (a) 4 Gdl, kb. cap. 13. (b) AGeU. lib. 7. 16. cap. IQ. I 2 Yet 132 Of the Civil Covernnmit of Part II. Yet at the Election of the Cenfors, this Cuftom did not hold ; but as Coon as they were pronounced elected, they were imme- diately invefted with the Honour [a). By the Inftitution of thefe Cornitia, Scrvlus TuU'tus fecretly conveyed the whole Power from the Commons : For the Cen- turies of the firfi: and richePc ClaCs being called out firft, who were three more in Number than all the Reft put together, if they all agreed, as they generally did, the Bufinefs was already decided, and the other C/tfz/t'J were nccdlefs and infignihcant. Howeverj the three laft fcarce ever came to votc(^). The Commons, in the Time of the free State, to reilify this Difadvantagc, obtained, that, before they proceeded to voting any Matter at thefe Ccmltia^ that 6V«/m' fhould give their Suf- frages firll, upon whom it fell by Lot, with the Name o'i Cenfu- ria Prarogatlva ; the Reii being to follow according to the Or- rder of their Chffgs. After the Conftituiion of the five and thirty Tribes into which the Claljes and their Centuries were divided, in the firil Place, the Tribes caft Lots, which Ihould be the Pre- rogative Tribe ; and then x}[\t. Centuries o{xhzTrihey for the Ho- nour of being the Prerogative Century. All the other Tribes and Centuries had the Appellation of "Jure vocatce^ becaufe they were called out according to their proper Places. The Prerogative Century being chofe by Lot, the chief Ma- giftrate fitttine in a * Tent in the Middle of * Tuber7U}culum, the Campus Martiu;^ ordered that Century to come out and give their Voices ; upon which ^Jiey prcfehtly feparated from the Reft of the Multitude, and came into an inclofed Apartment, which they termed Sepia^ or Oviliu, paffing over the Ponies^ or narrow Boards, laid there ior the Occaf:on; on which Account, de Ponte dejici is to be denied the Privilege of voting, and Perfons thus dealt with, arc called Depontani, At the hither End of the Pontes^ flood the Diribitores (a Sort ttf Under-Officerg, called fo from dividing or marfhalling the People) and delivered to every Man, in the * Tabelldf^. Llefiion of Magiftrates, as many * Tablet^ as there appeared Candidates, one of whofe Names was written upon every Tablet. A fit Number of great Chefts were fet ready in the Septa^ and every body threw in which Tablet he pleafed. {a^ Lht lib, j,o» (*'! Dionyf, liVi i^ By Book III. the Romans. 133 By the Cherts were placed fome of the publick Servants, who taking out the Tablets of every Century for every Tablet, made a Prick, or a Point, in another Tablet which they kept by them. Thus the Bufinefs being decided by moft Points, gave Occafion to the Phrafe o^ Onme iul'it p!oi^um[a), and the like. The fame Method was obferved in the judiciary Proccfles at thefe Com'itia^ and in the Confirmation of Laws ; except that in both thefe Cafes only two Tablets were offered to every Perfon, on one of which was written L^. R. and on the other A. in Capital Letters; the two firft {landing for Uti Rogas^oxy Be it as you difire^ relating to the Magiftrate who propofed the Queltion ; and the laft for Antlquo^ or, I for hid it. It Is remarkable, that though in the Eietftion of Magiftrates, and in the Ratification of Laws, the Votes of that Century, whofe Tablets were equally divided, fignificd nothing; yet in Trials of Life and Death, if the l^ablets pro and cofi were the fame in Number, the Perfon was a6tual!y acquitted (/;). The Divifion of the People into Tribes, was an Invention of Romulus, after he had admitted the Sabines into Rorne ; and though he conftitutcd at that Time only three, yet as the State increafed in Power, and the City in Number of Inhabitants, they rofe by Degrees to five and thirty. For a long Time after this Infti- tution, a Tribe fignified no more than fuch a Space of Ground with its Inhabitants. But at laft the Matter was quite altered, and a Tribe was no longer Pars Urbis, but Civitatis ; not a Quarter of the City but a Company of Citizens living where they pleafed. This Change was chiefly occafioned by the original Difference between the Tribes in Point of Honour. For Ro?nuIus having committed all fordid and mechanic Arts to the Care of Strangers, Slaves, and Libertines, and referved the more honeft Labour of Agriculture to the Freemen and Citizens, who, by this adlive Courfe of Life, might be prepared for martial Service : the Tribus Rujlica were for this Reafon efteemed more honourable than the Urbana: And now all Perfons being defirous of gettinjo; Into the more creditable Divifion, and there being feveral Ways of accomplifhing their Wiflies, as by Adoption, by the Power of the CenforSy and the like ; that Ru/Iick Tribe which had moft worthy Names in its Roll, had the Preference to all others, though of the fame general Denomination. Hence all of the fame great Family, bringing themfelves by Degrees Into the fame Tribe, gave the Name of their Family to the Tribe they honoured ; (♦») flor, de Artt ?'jct, (b) Dionyf. lib, 7. I 3 whereas $34 Of the Chil Government of Part IL whereas at firft, the Generality of the 1^/116$ did not borrow their Names from Perfons but from Places [a). The firft Aflembly of the Tribes we meet with, is about the Year of Rome 263, convened by iS/*. Sicinius, Tribune of the Commons, upon Account of the Trial oi Coriolanus. Soon after the Tribunes of the Commons were ordered to be elected here j and at laft all the inferior Magiftrates and the Collegiate Priefts. The fame Comitia ferved for the enabling Laws relating to War and Peace, and all others propofed by the Tribu7ies and Plebeian Officers, though they had not properly the Name of Leges, but Plebifcita. They were generally convened by Tribunes of the Commons; but the fame Privilege was allowed to all the chief Magiftrates. They were confined to no Place, and therefore fometlmcs we find them held in the Comitiumy fometimes in the Campus Alartius^ and now and then in the Capitol. The Proceedings were, in moft Refpe6ts, anfwerable to thofe already defcribed in the Account of the other Comitia, and there- fore need not be infifted on; only we may further obferve of the Comitia in general, that when any Candidate was found to have moft Tablets for a Magiftracy, he was declared to be dcfigncd or ele^edhy the Prefident of the Aflembly: And this they termed renunciari Co)7fulj Prator^ or the like : And that the laft Sort of the Comitia only could be held without the Confent and Appro- bation of the Senate, which was neceflary to the convening of the other two [b). (d) Mr. Walker of Coins, p. 126. {i) D:tn\f. lib, 9. ^Bf ^r£ l fu.j'r'um pririr.ricfitiruis, ^ MJlimaUo Book III. the Romans, 141 Mjllmat'io litis, or the Rating of the Damaecs, was in Ufe only in Cafes of Bribery, and Abufe of the Publick Money. Animadverfio^ was no more than the putting the Sentence in Execution, which was left to the Care of the Pra;tor. But in Cafe the Party was abfolved, there lay two Actions againft the Accufer ; one of Calumny, the common Punifliment of vyhich was Frontis inujiio, burning in the Forehead : And the other of Prevarication, when the Accufer, inftead of urging the Crime home, feemed rather to hide or extenuate the Guilt : Hence the Civilians define a Prevaricator, to be One that betrays his Caufe to the Adverfary^ and turn on the Criminal's Side, whom he ought to profecute. CHAP. XIX. Jiidgejnents cf the ivhole People, ^T^ H E People were fometimcs the Judges, both in privatt -''• and publick Caufes ; though of the firft we have only one Example in Livy ; the other we frequently meet with iii Authors. Thefe Judgements were made firft at the Comitla Ctiriata, and afterwards at the Centuri^ta and Trihtita j the Proceedings in all which Ail^mblies have been already fhovvn : What we may further obierve is this : When any Magiftratc defigned to im- peach a Perfon of a Crime before the whole People, he afcended the Rojira^ and calling the People together by a Crier, fignified to them, That, upon fuch a Day, he intended to accufe fuch a Perfon of fuch a Crime: This they termed Reo diem dicere : The fufpe6ted Party was obliged immediately to give Sureties for his Appearance on the Day prefixed, and, in Default of Ball, was committed to Prifon. On the appointed Day, the Magiflrate again afcended the Rojlra., and cited the Party by the Crier; who unlefs fome other Magiftrate of equal Authority interpofed, or a fufficient fxcufe was offered, was obliged to appear, or might be pu- piftied at the Pleafure of the Magiflrate who accufed him. If he apf)eared, the Accufer began his Charge, and carried it on every •thgr Day? for fix Pays together ; at the End of the Indictment mentioning 142 Of the Civil Government of fart. II^ mentioning the particular Punifhment fpecified In the Law for fuch an Offence. This Intimation thf^v termed Inquijiiio. The fame was immediately zhcr exp'-elljJ in Writing, and then took the Name of ^(?^«^/5, in refpecl of the People, who vere to be afked or confulted about it; ?.nd Iirogatio, in refpedl of the Criminal, as it imported the Mu!6t or Punifhment alTigned him by the Accufer. This Rogatlo was publickly cxpofed three ISundmtE^ or Market-days together, for the Information of the People. On the third Market-day, the Accufer again afcended the RoJ}ra\ and, the People being called together, undertook the fourth Turn of his Charge, and, having concluded, gave the other Party Leave to enter upon his Defence, either in his own Perfon, or by his Advocates. At the fame Time as the Accufer finiflied his fourth Charge, hd gave Notice what Day he would have the Comitia meet to re- ceive the Bill ; the Comma Trihuta to confider of Mul£ts, and the C-enturiata for capital Punifhments. But in the mean Time, there were feveral Ways by which the accufed Party might be relieved ; as firft, if the Tribunes of the Commons interpofed in his Behalf; or if he excufed him- felf by voluntary Exile, Sicknefs, or upon Account of providing for a Funeral ; or if he prevailed with the Accufer to relinquifh his Charge, and let the Caufe fall ; or if upon the Day ap- pointed for the Comitia, the Augurs difcovered any ill Omens, and fo foj-bad the Affembly. If none of thefe happened, the Ccmitia met, and proceeded as has been already defcribed ; and as for their Animachjerfwy or putting Sentence in Execution, this was performed in the fame Manner as in the Pr^torian Judgements. The Forms of Judgements which have been thus defcribed, muft be fuppofed to have prevailed chiefly in the Time of the free State: For as the Kings before, fo the Emperors after- wards, were themfelvcs Judges in what Caufes, and after what IVlanner they pleafed, as Suetonius particularly informs us of al- moft all the twelve C^fars. It was this gave Occafion to the Rife of the Mandator es and Delator es, a Sort of Wretches to be met with in every Part of Hiftory. The Bufmefs of the former was to mark down fuch Perfons as upon Inquifition they pre- tended to have found guilty of any Mifdemeanour ; and the latter were employed in accufmg and profecuting them upon the other's Order. This mifchievous Tribe, as they were coun- tenanced and rewarded by ill Princes, fo were they extremely detefted by the good Emperors. Titui profecuted all that could be Book III. the Romans. 14^ be found upon the moft diligent Search, with Death or perpe- tHal Banifhment (rt) : And Pliny reckons it among the greateft Praifes of Trajan, that he had cleared the City from the perjured Race of Informers [b). {a) Siieton. in Tit. cap. 8. {h) Plin. in Panegyric. CHAP. XX. Of the Roman Fiinijlmicnfs. 'TpHE accurate Sigonius has divided the Punifhments into -*■ eight Sorts, Damnmn, Vlncula^ Vcrheraj Talio, Jgmm'ima^ Exilium, Sdfvitus, Mors. Damnum was a pecuniary MuIiSl or Fine fet upon the Of- fender, according to the Qi^iality of the Crime. Vinculum fignifies the guilty Perfons being condemned to Imprifonment and Fetters, of which they had many Sorts, as Manka^ Pedica, Nervi^ Boi^, and the like. The publick Prifon in Rome was built by Jncus Afarcius, hard by the Foru7n [a) : To which a new Part was added by ServiusTidliusy called thence Tullianum : Salluji defcribes the TidUanuin as an Apartment under Ground {b), into which they put the moft notorious Criminals. The higher Part, raifed by Ancus Martius^ has commonly the Name of the Robur, from the oaken Plants which compofed it. For the keeping of the Prifon, befides the Triumviri, was appointed a Sort of Gaoler, whom P^aleriuS Maximus calls Cujios Carccris {c)^ and Pliny Co?nmcntarienfis(d). Ferbera, or Stripes, were infiicfed either with Rods [Firgal . or with Batons [Fti/les] : The firil commonly preceded capital Punifhments properly fo called : The other was moft in Ufe in the Camp, and belonged to the military Difcipline. Talio was a Punifhment by which the guilty Perfon fufFered exaftly after the fame Manner as he had ottended ; as in Cafes of maiming, and the like. Yet J. Gellius informs us, that the Criminal was allowed the Liberty of compounding with the {a) Li-v. lib. r. {i>) I^i Bilk CgrHin^r, (^ Lib, j. (./) Lib. 7. cap. 58, Perfon 144 ■ Of the Civil Goverment of Part II* Perfon he had injured ; fo that he needed not fufFer the Talio, unlefs he voluntarily chofe it [a). Ignojmnia was no more than a publick Shame which the of- fending Perfon underwent, either by Virtue of the PratGr\ Edidl; or more commonly by Order of the Cenfor : This Pu- niftiment, befides the Scandal, took away from the Party, on whom it was inflided, the Privilege of bearing any Office, and almoft all other Liberties of a Roman Citizen. ExiltMn was not a Punifhmcnt immediately, but by Confe- quence; for thePhrafe ufed in the Sentence and Laws, was Jqiic^ y Ignis InterdiSl'io^ the Forbidding the tJfe of Water and Fire, which being neceflary for Life, the condemned Perfon was ob- liged to leave his Country. Yet in the Times of the latter Em- perors, we find it to have been a pofitive Punifliment, as appears from the Civil Law. Reiegatio may be reckoned under this Head, though it were fomething different from the Former; this being the fending a Criminal to fuch a Place, or for fuch a Tinrfe, or perhaps for ever, by which the Party was not deprived of the Pri- vilege of a Citizen of Rome., as he was in the firft Sort of Ba- nifhment, which they properly called Exilium. Suetonius fpeaks of a new Sort of Reiegatio invented by the Emperor Claudius ; by which he ordered fufpedled Perfons not to ftir three Miles from the City [h). Befides this Reiegatio they had two other Kinds of Banifhment, which they termed i)^/>5r/(7//«, and P?-o- fcriptio-y though nothing is more common, than to have them confounded in moft Authors. Deportatio, or Tranfportation, dif- fered in thefe Refpe£ls from Reiegatio ; that whereas the Relegaii were condemned either to change their Country for a fet Time, or for ever, and loft neither their Eftate and Goods, nor the Pri- vilege of Citizens .- On the contrary, the Deportati were banifhed always for ever, and loft both their Eftates and Privileges, being counted dead in the Law(i-)i And as for the Profcripii., they are defined by the Lawyers to he fuch Perfons ivhofe Names ivere •fixed up in Tablets at the Forum^ to the End that they might be h'ought to Jujiice : A Reward being propofed to thofe that took them, and a Punijhtnent to thofe that concealed them (d). Sylla was the firft Inventor of this Pradtice, and gave himfelf the greateft Exanple of it that we meet with, profcribing 2000 Knights and Senators at once [e). It is plain, that this was not a pofitive (a) A. Cell. lib. II. cap. t. {b) Sutt. inClaud.QZ^. 33. (c) Calvin. Lexicon, ytirijdic. in -vet. Veftrtdti Qf Rtlegati, () In voce ItiTTSfSo;. (c) Cisln'-n, in ■voc. ad B0'ai dari, {<£) Ibid, in Bejiiarii, K 2 over 148 Of the Civil Government of Part 11, over with Pitch, and then fetting it on Fire. Thus when Nero had burnt Rome^ to fatisfy his Curiofity with the Profpedl, he contrived to lay the Odium on the Chrijiians, as a Sort of Men generally detefted ; and, feifing on all he could difcover, ordered them to be lighted up in this Manner, to ferve for Tapers in the Dark; which was a much more cruel Jeft than the former, that occafioned it. Juvenal alludes to this Cuftom in his eighth Satyr : Aufi quod I'ueat tunica punire molejid. To rctompenfe v/hofe barbarous Intent, Pitdfd Shirts would prove a legal Punifhment. ■jC X X X- !'*•" X .'■•' X X '••. X X X ';*" X X^ X X X X X oS X X CHAP. XXI. Of the Roman Laws in general. 1 N the Beginning of the Roman State, we are aflured aH Things were managed by the fole Authority of the King, without any certain Standard of Juftice and Equity. But when the City gfcw tolerably populous, and was divided hy Romulus into thirty Curits, he began to prefer Laws at the Affembly of thofe Curia:, which were confirmed, and univerfally received. The like Pradiice was folIoV/ed by Numa^ and feveral other Kings ; all whofe Conftitutions being colledled in one Body, by Sextui Papirius, who lived in the Time oiTarquin the Proudy took from him the Name of "Jus Papirianum. But all thefe were abrogated foon after the Expulfion of the Royal Family, and the judicial Proceedings for many Years together depended only on Cuftom, and the Judgement of the Court. At laft, to redrefs this Inconvenience, Coitimiffioners were fent into Greece^ to make a Colleftion of the beft Laws for the Service of their Country ; and at their Return, the Decem- viri were created to regulate the Bufinefs, who reduced them into twelve 'I'ables, as has been already {hewn. The Excellency of which Infiitution, as it is fufficiently fet forth by moft Au- thors, fo it is efpecially beholden to the high Encomium of CicerOy when he declares it as his pofuive Judgement and Opinion, That Book III. //6^ Romans. 14^ That the Laws of the Twelve Tables are jujlly to he preferred to whole Libraries of the Philofophers {a). They were divided into three Parts, of which the firfl related to the Concerns of Religion ; the fecond to the Rif^hts of the Publick ; and the laft to private Perfons. Thefe Laws being eftablifhed, it neceflarily followed, that there (hould be Difputations and Controverfies in the Courts, imce the Interpretation was to be founded upon the Authority of the Learned. This Interpretation they called Jus Civile^ though at prefent we underftand, by that Phrafe, the whole Syftem of the Koman Laws. Befides, out of all thefe Laws the learned Men oF that Time compofed a Scheme of Forms and Cafes, by which the Pro- ceiles in the Courts were dire^ed. Thefe were termed A5iioms Legis. We may add to thefe the Laws preferred at the public Aflem- blies of the People ; and thfi Plebtjcita, made without the Au-* thority of the Senate, at the Cvnitia Tributa, which were al- lowed to be of equal Force with other Conftitutions, though they were not honoured with the Title of Leges. And then the Senatus-confulta^ and Edids of the fupreme Ma- giftrates, particularly of the Prators, made up two more Sorts of Laws, the laft of which they called Jus Honorarium, And laftlv, when the Government was intruded in the Hands of a fingle f erfon, whatever he ordained, had the Authority of a Law, with the Name of Pri??cipalis Conjlitutio. Moft of thefe daily increafing, gave fo much Scope to the Lawyers for the Compiling of Reports and other Labours, that, in the Reign of Jujiinian^ there were extant two thoufand dif- tin£l Volumes on this Subje(ft. The Body of the Law being thus grown unwieldy, and rendered almoft ufelefs by its exceflive Bulk, that excellent Emperor entered on a Dtfign to bring it into juft Dimenfions; which was happily accomplifhed in the conftituting thofe four Tomes of the Civil Law, which are now extant, and have contributed, in a great Meafure, to the Regulating of all the States in Chrijiendom : So that the old Fancy of the Romans^ about the Eternity of their Command, is not fo ridiculous as at firft Sight it appears ; fince, by their admirable Sanations, they are ftili like to govern for ever. (d) Ckcn dt Oratcre, lib, i. K 3 CHAP. jro Of the Civil Government of Part. II, CHAP. XXII. Of the Laws in particular -, and frjl, of tbofe relating to Religion. A' S for the Laws of the Twelve Tables, and other more an- cient Inftitutions, as it would require no ordinary Stock of Criticil'm barely to explain their Words; fo is the Knowledge of them almoft ufelefs, fmce they arc fo feldom mentioned by the Clafficks. Thofe which we generally meet with, are fuch as were preferred by fome particular Magiftrate, from whom they took their Names ; thefe, by Reafon of their frequent Oc- currence in the bell Writers, dcferve a fliort Explication, ac- corilins; to the common Heads laid down by thofe Authors, who have hitherto managed this Subject ; beginning with fuch as concerned the publiclc Worfliip, and the Ceremonies of Religion. Sulpicia Sempronia Lex^ the Authors P. SuJpicius Saverrio and P. Sempronius Sopbus^ in their Conlulfliip, A. 449, ordaining. That no Pcrlbn (houid confecrale any Temple, or Altar, with- out the Older of the Senate, and the major Part of the Tri- bunes (rt). Papiria Lt'\\ the Author L. Papiiiris, Tribune of the Com- mons ; commanding, that no Perfon fhould have the Liberty of confecrating any Edifice, Place, or Thing, without the Leave of the Commons {i). Cornelta Lex, the Author L. Cornelius Sylla, defining the PIx- pcnces of Funerals [c). Sexta Lidnia Lex, the Authors L. Sextus and Licinius, Trilunes of the Commons, J. 385, commanding, that inftcad of the Du- umviri facris faciundis, a Deamvirate fhould be created. Part out of the Patrician:, and Part out of the Commons (d). Ogulnia Lex, the Authors ^. and Cn. Ogulnius, Tribimes of the Commons, A. 453, commanding, that whereas there were then but four Poniipcei, and four Augurs, five more fhould be addtd out of the Commons to each Order (/'). (a) Li-v. nil. 0. (^) Ciccio ir. Oret. fro Domo f:ia. [c] P'ut, in Sylla. [d) Liv. lib. 6. (f) Lii'. lib. IC. Manii-: Book III. the Romans. r^i Manila Lex, the Author P. MauUus, Tribune of the Com- mons, J. S57j enabled for the Revival of the Trefvlri Epulones, an old Inftitution of Numah [a). Clodla Lex, the Author P. Clodlus in \\hTrlbuneJblp, A. 664, diverting the Prieft oi Cybelc (or the Great Mother, who came from Pejfimim) of his Office, and conferring it on Brotigarus a Gallo - Gravel an [b). Papia Lex, ordering the Manner of chufing the Fe/lal Vir- gins (f), as has been already defcribed. The Puniftiment of thofe holy Recliifes is grounded on the Laws of Numa. Llclnla Lex, preferred by C. Liclnlus Cra//us, Tribune of the Commons, y/. 608, for the transferring the Right of chufing Priefts, from the College to the People [d) ; but it did not pafs (e). Domitta Lex, the Author Cn. Domltius Ahenoharbus, Tribune of the Commons, A. 6^0, actually transferring the faid Ri) Cic. pro Balbo, [i) J/pian, lib. li Confc- 154- Cf the Civil Govermnenf of Part II, Confederate Cities, and had a Dwelling in Italy at the Time of the making of this Law, and had carried in their Name to the Prtctor in lixty Days Time, ihould have the Privilege of Citi- zens of Rime (a). Sulpkia Lex\ the Author P. Sulpicius, Tribune of the Com'- mons, yf. 665, ordaining, That the new Citizens, who com- pofed the eight Tribes, fhonld be divided among the thirty-five old Tribes, as a greater Honour (b). Cornelia Lex, the Author L. Cortielius Sylla, A. 670, a Con- firmation of the former Law, to pleafe the Italian Confede- rates (f). Cornelia Lex de Municipiis^ the Author the fame Sylla, in his Diciatorniip, taking away the Privilege formerly granted to the Corporate Towns, from as many as had affifted Marius^ Ciiwa, Sulpicius, or any of the contrary Fadlion [d). Gellia Cornelia Lex, the Authors L. Gellius PopUcola, and Cn. Cornelius Lentulus, A. 681, ordaining. That all thofe PerfoiiS whom Pc?npey, by his own Authority, had honoured with the Privilege of the City, (hould actually keep that Liberty {e). fa) Ctc. fro Acehia. (b) Plut. in Sylla, Fpit Li-j. 'jj. (c) Epil. L'l-v. 6*. {d) Cic. f'o Domo jua (e) Cic. pre Bal'jo. CHAP. XXIV. J^ AW s ccncerning Meetings and Ajjhnhlies., TTTLI A Lex, ordaining. That, in all Aflemblies of the ■^^-^ People, the Augurs (hould ma":;e Obfcrvations from the Heaven?; and, Thar the Magifliate (hould have the Power *>f declaring againft the Proceedings, and of interpofing in the Decifion of any Matter. Fufia Lex, ordaining. That upon feme certain Days, though they were Fajli, it fhould be unlawful to tranfadf any thing in a Meeting of the People. The Authors of thefe two Law? are unknown j but P. Aia- r.utius conjet^urcs, that the firft is owing to ^. ALlim Pectus^ Conful wi;b M. Junius Pcnnus, A. 5S6. 1 he other to P. Fu- rius, or Fufnis, Coniul with S. Atfiiius Set anus, A. 617. The Laws themfehes occur frequently in Writers. Chdi.j Lex^ the Atithor P. Clodius, Trihune of the Commons, A. 695, containing an Abrogation of thj greatefl Part of the x.\\o former Book III. //6d' Romans. ic^ former Laws, and ordering. That no Obfervation fhould be made from the Heavens upon the Days of the Comitia ; and. That on any of the Dies Fajli^ Laws might be enaded in a publick Affembly {a). Curia Lex, the Author M. Curius Dentatus, Tribune of the Commons, J. 454, ordaining, That no Comitia fhould be con- vened ior the Eledion of Magiftrates, without the Approbation of the Senate : Ut ante Comitia Magijiratuum Patres auSlores jierent (^). Claudia Lex, the Author AL Claudius Marcellus, Conful with Serv. Sulpicius Ruffus, A. 702, ordering. That at the Comitia for the Election of Magiftrates, no Account fhould be takea of the Abient (r). Galinia Lex, the Author A. Gahinius, Tribune of the Com- mons, J. 614, co-nmanding, That in the Comitia for the Elec- tion ■X)f Magiftrates, the People fhould not give their Suffrages viva voce, but by Tablets, for the greater Freedom and Im- partiality of the Proceedings (d). CaJJia Lex, enacted about two Years after, commanding. That in the Courts of Juftice, and in the Comitia Tributa, the Votes fhould be given in a free Manner; that is, by l^ablets(f). Papyria Lex, the Author C. Papyrius Carbo, Tribune of the Commons, A. 621, ordaining. That in the Comitia about the pafling or rejedling of Laws, the Suffrages fhould be given by Tablets {f). Caelid Lex, the Author Ccclius, Tribune of the Commons, A. 635, ordaining, That in the judicial Proceedings before the People, in Cafes of Treafon (which had been excepted by the Cajftan Law) the Votes fhould be given by Tablets [g], Sempronia Lex, the Author C. Sempronius Gracchus, in the fame Year as the former ; ordering, that the Centuries fhould be chofen out by Lot to give their Votes, and not according to the Order of the Clajfes (/;). Maria Lex, the Author C. Marius, Tribune of the Commons^ A. 634, ordering the Bridges, or long Planks, on which the People flood in the Comitia to give their Voices, to be made narrower, that no other Perfons might ftand there, to hinder the Proceedings by Appeals or other Difturbances [i). {a) Afcon. in Pifsn. (*} Cic. de claris Oratorihus, {c) Suet, in Julio, (d) Cic, At Amtcir, & pro Ptancio, & de Leg. lib. 3, {e) Cic. in Lalio. (f) Cic. de Leg. Jib. 3. {^) Id. Ibid, {b) Sal'.uft. ir. Crat. z. ad Cecjarcm. {i) Cic. dcLeg. lib. %. Pluf. in Mario. Sent* 1^6 Of t^e Civil Government of Part IL Sempronla Lex^ the Author C. Sempronius Gracchus^ Tribune of the Commons, J. 565, ordaining, That the Latin Confe- derates fhoii'.d have the Privilege ol giving their Suffrages, ^s well as the Roman Citizens [a). Manilia Lex^ the Author C Maniliu!, Tribune of the Com- mons, J. 6S7, ordaining. That the Libertini (hould have the Privilege of voting in all the IVibes [h). Gahinia Lex^ a Confirmation of an old Law of the twelve Tables, making it a capital Offence for any Perfon to convene s clandefline Aflembly {c). [a) Cic, Jap'JJims, (b) Cic. fro hge Matillia. (c) Sallujl, in Catilir.a<\ CHAP. XXV. Laws relating to the Senate. ^J S S I A LeXf the Author L. Cajfius Longinus, Tribune of ^^ the Commons, A. 649, ordaining. That no Perfon, whq had been condemned or deprived of his OiKce by the People, fliould have the Privilege of coming into the Senate [a). Claudia Lex^ the Author j^. Claudius^ Tribune of the Com- mons, J. 535, commanding. That no Senator, or Father of a Senator, fhould poffefs a failing V^eifel of above three hundred Jmphora ; this was thought big enough for the bringing over Fruits and other Neceffaries ; and as for Gain, procured by Trading in Merchandize, they thought it unworthy the Dignity of that Order (Z*). Sulpicia Lcx^ the Author Servius Sulpicius^ Tribune of the Gommons, J. 665, requiring, That no Senator fhould owe above two Thoufand Drachma {c). Scntia Lex^ the Author (probably) C. Sentius^ Conful with ^ Lucretius^ A. 734, in the Time o^ Augujlus ; ordpring, T})gt in the Room of fuch Noblemen as w^ere wanting in the Senate, others fhould be fubflitutcd [d). Gabinia Lfx^ the Author A. Gabinius^ Tribune of the Com- mons, A. 685, ordering. That the Senate fhould be convened {fl) Afar.. ]n- Cornelian, [h] Cic. Vtrrfin. 7. (f) Tlut, in S^-lie. (J) Taa's. ^"t- a. from Book III. /'^^RoMAtJSi tcy from the Kalends of February, to the Kalends of Maf-chy every Day, for the Giving Audience to foreign Minifters [a). Pupia Lex, ordaining that the Senate fliould not be convened from the Eighteenth of the Kalends of February, to the Kalends of the fame Month ; and that before the EmbafTies were either accepted or rejected, the Senate fhould be held on no other Account {b). TulUa Lex, the Author M. TuUius Cicero, Conful with C. An- twy, A. 690, ordaining, that fuch Perfons to whom the Senate had allowed the Favour of a Libera Legat'io, fhould hold that Honour no longer than a Year. Libera Lcgatio was a Privilege that th€ Senators often obtained for the going into any Province, or Country, where they had fome private Bufinefs, in the Qua- lity of Lieutenants ; though with no Command, but only that the Dignity of their Titular Office might have an Influence on the Management of their private Concerns {c). {a) Ck. Epifi, ad^int. Frair. lib. 2. Ep. 12. {b) Cic. lib. I. Ep. 4. ad Lcntul. iib. 2. Epilt. 2. adS^int. Fratr. &c. (c) Cic. dc Leg. lib. 3. L CHAP. XXVL Laws relating to the Magistrates. EX Villia Annalis, or Annaria, the Author L. V'dUus (for whom we fometimes find L. Julius, or Lucius TuUius) Tri- Jjune o{ the Commons, A. 574, dehning the proper Age requif.te for bearing of all the Magiftracies (a). Livy, who relates the Making of this Law, does not infift on the particular Ages ; and learned Men are much divided about that Point. Lipfius dates the Difference after this Manner : The Age proper to fue for the ^ajiorjhip, he makes twenty-five Years ; for the Mdila and Tribunes, twenty-feven or twenty-eight i thirty for thePr^e- t&r, and forty-two for the Co7ifuls. Genutia Lex, the Author L. Genutius, Tribune of the Com- mons, v/. 411, commanding, That no Perfon fhould bear the fame Magiftracy within ten Years Diftance, nor fhould be in- vefled with two Offices in one Year(^). Cornelia Lex, the Author Cornelius Sylla, the Didator, A, 673, a Repetition and Confirmation of the former Law [c). (d) Liv. lib, 40. (i) Idim, lib, 7. (0 ^t^ian, lib, i, de Bell. C*W/. Sem- 158 Of the civil Gover7nent of Part II. Seinprcnia Le}:^ t\it Aiitboi C. Semproiilus Gracchus^ Tribune of the Commor.3, Jl. 630. ordaining. That no Perfon, who ha'i been lawfully deprived of his Adagitlracy, fhould be capable of bearing an Office again. This was abrogated afterwards by the Author (a). Cornelia Lex, the Author L. Cornelius Sylla^ Dictator ; or- daining. That fuch Perfons as had embraced his Party in the late Troubles, fhould have the Privilege of bearing Honours before they were capable by Age ; and that the Children of thofe who had been profcribedy fliould lofe the Power of land- ing for any Office {b). Hirtta Lex, the Author J. Hirtius ; ordaining, that none of Pompeys Party fhould be admitted to any Dignity [c). Scxtia Licinia Lex, the Authors C. Licinius and L, Sexiiuy, Tribunes of the Commons, ^. 316, ordaining. That one of the Confuh fhould be chofen out of the Body of the Commons {d). Genutia Lex, the Author L. Genutius, Tribune of the Com- mons, J. 411, making it lawful that both Cow/«/j might be taken out of the Commons [e). Cornelia Lex, the Author L. Cornelius Sylla, Dictator, A. 673, ordaining, That the Prcctors fhould always ufe the fame Me- thod in judicial ProcelTes. For the Prators ufed, upon the En- trance on their Office, to put up an Edi(S to fhow what Way they defigned to proceed in all Caufes during their Year : Thefe Edicts, which before commonly varied, were by this Law or- dered to be always the fame, for the preferving a conftant and regular Courfe of Jufticef/j. Marcia Lex, the Author Alarcius Cenforinus, forbidding any Perfon to bear the Cenforjbip twice (o-). Clodia Lex, the Author P. Clodius, Tribune of the CommonSj Jj. 695, ordering. That the Cenfors fhould put no Mark of In- famy on any Perfon in their general Surveys, unlefs the Perfon had been accufed and condemned by both the Cenfors ; whereas before they ufed to punifh Perfons, by omitting their Names in their Surveys, and by other Means, whether they were accufed or no : And what one Cenfordld, unlefs the other a6lually interpofed, was of equal Force, as if both had joined in the Adion (h). Caciliu Lex, the Author ^. Cacilius Metellus Pius, Conful with Pompey the Great, A. 701, reftoring their ancient Dignity (<;) Plut. in GrtKchit. (b) Plin. lib. 7. ^intil. lib. it. cap. 1. Cic in Fifott. (c) Cic. Fhilip. 13. {d) Li-v. lib. 6. (e) Idtm, lib. 7. (f) Cic. Philip, z. {g) Plut, in CcrirJ, (i) Qc, ia PiJ) jlpplan. d: Bdl. Civ. lib. 3. [c) Fkr. Epit. Liv, lib. 120. {d) Liv. lib. 2. Pint, in Fcplicol. {e) Dicnjf. lib. 6. (f) A. Gel!. lib. 14. cap. tilt, {g) Cic. de Leg. lib. ;. C^far. Comm.'di Bdl. Gall. lib. J. Flor. P/ut. Sec, (i>) Patercul. lib. 2. uifin. in Cornel, in ver. I. (») Fiut. in Ponf. 4[iun. "Jdr^ I, Sf z. Cafar. de Bill, Ciu, lib. I. CHAR i^o Of the Civil Governmetit of Part li, CHAP. XXVII. Laws relating to Publlck Coyijiitutions, Laws, and Privileges, TjOrtenJia Lex^ the Author ^. Hortenfius^ Didator, A. 467, ■^ ordaining, 7^hat whatever was enadted by the Commons, fhould be obferved by the whole Roman People ; whereas the Nobility had been formerly exempted from paying Obedience to the Decrees of the Populacy [a). Concilia Didta Lex, the Authors ^. Cacilius Metellus and T. Didius^ Confuls J. 655, for the regulating the Proceedings in enacting Laws ; ordaining. That in one ^cjlian {una roga- i'lone) but one fingle Matter fhould be propofed to the People, left, while tliey gave their Suffrage in one Word, they fhould be forced to aiTent to a whole Bill, if they liked the greateft Part of it, though they difliked the reft; or throw out a Bill for fe- veral Claufes which they did not approve of, though perhaps they would have been willing to pafs fome Part of it. Requiring alfo. That, before any Law was preferred at the Comitia^ it fhould be expofed to the publick View three Market-days {tribui 7iundinis) before-hand [b). P. Alanutius makes the Ceecilian and Did'ian twodiftindt Laws ; the firil: Part cornpofing the former, and the other the latter. Juiiia Licin'ia Lex^ the Authors D. Junius Silanus, and L. Licinius Mur^na, Confuls, A. 691, ordaining, That fuch as did not obferve the former Law, relating to the Publifhing the Draughts of new Bills for three Nundin^y fhould incur a greater Penalty than the faidLaw enjoined [c). Lidnia Mbutia Lex, the Authors Licinius and /EbutiuSy Tribunes of the Commons j ordaining, That when any Law was preferred relating to any Charge or Power^ not only the Peribn who brought in the Bill, but likewife his Coolleagues in any Office which he already enjoyed, and all his Relations, fhould be inca- pable of being inveited with the faid Charge or Power (}. (a) Liv. lib. 2. P'ahr. Max. lib. 5,. cap. 8. {I) Li-j, \b, 6. Appian. A, GeUniiy Plih. Patm-J. Plutarch, So:. L 2. Flaminig 1 64 Of the Civil Government of Part IL Plam'tma Lex, the Author C. Flaminlusy Tribune of the Commons, J. 525, ordaining, that Picenum^ a Part of Gallia, whence the Senones had been expelled, fliould be divided among the Romaiz So1diers(<7). Scmpronia Lex prima, the Author T. Si-mprotiius Gracchus^ Tribune of the Commons, J. 620, confirming the Licinian Law, and requiring all Perfons who held more Land than that Law allowed, immediately to refign it into the Commons, to be divided among the poorer Citizens, conftituting three Officers to take Care of the Bufinefs [b). This Law being levelled dire£ily againfl the Intereft of the richer Men of the City, who had by Degrees contrived to en- grols almofl: all the Land to themfelvcs, after great Heats and Tumults, at tad: coll the Author his Life. Si/nproma Lex altera, preferred by the lame Perfon, upon the Death of King Jtfaitis, who left the Roman Stare his Heir : It ordatned, that all ready Money found in the King's Treafury ll>ould be bellowed on the poorer Citizens, to fupply them with Inftrumtnts and other Convenienctes required for Agri- cviUure : And that the King's Lands fliould be farmed at an annual Rent by the Ccnfors ; which Rent fhould be divided among the People (t). Thsria Lex, the Author Sp. Thorim, Tribune «f the Commons, ordainhig, that no Perfon fliould pay any ELent to the People, of tlie Lands which he poffefTed ; and regulating the Affair of (jrwy/trtg and P^fture(//)- Two large Fragments of this Law, which was of a great Length, are copied from two old brazen Tables, by Sigonitii {e). Cornelia Lex, the Author L. Cornelius Sylla, Dilator, and Cmfrd wkh ^ Metellus, A. 673, ordaining, that the Lands of profcribcd Perlbns /hould be common. This is chiefly to be underftood of the Lands of Tufcany, about Volaterra and Fefula, which Sylla divided amongft his Soldiers (yj. Strvilia Lex, the Author F. Servilius Rullus, Tribune of the Commons, A. 690, in the Confulftiip oi Cicero and Antony, con- taining many Particulars, about felling feveral Houfes, Fields, iSc. that belonged to the Publick, for the purchafino; Land in ether Parts oi Italy, about creating ten Men to be Supervifors of the Bufinefs, and Abundance of other Heads, feveral of which {a) Cii. in Cat. Major. (i) CU. fro Sextio, Pint. Sen. [c) Cic. Vcrr. 5. Plkt. Arc. {d) CJ(. J- Oral. lib. Z. Ciu in Bruto. (f) Ds Artiq. Jur. ha', lib. 2. (f) Cic. in BmHuiii. ^:« Reja't, Salh'Ji. in Ctitnin. are Book III. the Romans. 165 are repeated by Cicero in his three Orations extant awainft thi# Law, by which he hindered it from palHng. Flav'ia Lex^ the Author L. Flavins^ Tribune of the Commons, J. 693, about dividing a fufficient Quantity of Land amono- Pompeys Soldiers, and the Commons [a). Juiia Lex^ the Author Julius C^far, Conful w'nh Bibulus, A. 691, ordaining. That all the Land in Campania^ which ufed formerly to be farmed at a fet Rent of the State, (hould be di- vided among the Commons : As alfo. That all Members of the Senate {hould fwear to confirm this Law, and to defend it af^ainft all Oppofers. Cicero calls this Lex Campania (b), Manilia Lex-, the Author C. Manilitts^ Tribune of the Com- mons, in the Time of the y/z^wr/Zi/W War ; ordaining. That in the Bounds of the Lands, there (hould be left five or fix Feet of Ground, which no Perfon fhould convert to his private Ufe, and that Commiffioners fhould be appointed to regulate this Af fair(<:). From this Law de Limitibus, the Author took the Surname of LimentanuSj as he is called by SaUuJi[d). {a) Cicero ad Attic, lib. l. {b) Veihius Paeerc. lib. 3, Plut.ittPcmp.Cijp olp oGp CHAP. XXX. Laws relating to Corn. CEmprofiia Lex., the Author C. Sempronius Gracchus (not T, *^ SeTJipronius Gracchus., as Rojinus has it) ordaining. That a certain Quantity of Corn fhould be diftributed every Month among the Commons, fo much to every Man ; for which they were only to pay the fmall Confideration of a SemiJJis and a Triem [a], Terentia Cajjia Lex, the Authors M. Terentius Varro LuculJus and C. Cajjius Confuls^ A, 680, ordaining. That the fame fet Price fhould be given for all Corn bought up in the Provinces, to hinder the Exadions of the ^aJiors{b). Clodia Z(?.v, the Author P. Clodius, tribune of the Commons, A. 695, ordaining. That thofe Quantities of Corn, which were (j) Flor. Ebit. Liv. lib. 60. Viil, Pat. lib. 2, £?.-. {b) 0\\ in Tfrnff. 5. L 3 formerly J 66 Of the Civil Government of Part II. formerly fold to the poor People at fix JJfes and a Triens the Bufhelj fhr>uld be diftributed among them gratis [a). Hieronka Lex, the Author Hiero^ Tyrant of Sicily, regulating the Affair betv^een the Farmers and the Decwnani (or Gatherers of the Corn-Tax, which, becaufe it confifted of a tenth Part, they called Decumai) ordaining the Quantity of Corn, the Price, and the Time of receiving it; which, for the Juftice of it, the l^omans ftill continued in Force, after they had pofTelled them? (elves of that Ifland {h). {a) Cicere pro Sextio, in Pifon. &c, [i>) Clcere in Ver, 4. CHAP. XXXI. L Aws for the 'Regulating of E x p e n c e s. ^\Kchia Lex^ the Author C. Orchius, Tribune of the Comm.ons, ^^ A. 566, defining the Number of Guefts which were allowed to be prefent at any Entertainment [a). Fqnnia Lex^ the Author C. Fannius, Conful, A. 588, ordain- ing. That upon the higher Feftivals, no Perfon fhould expend more than a hundred JJ/es in a Day ; on ten other Days in every Month, thirty JJps; and at all other Times, ten {b). Didia Lex-, enacted about eighteen Years after the former, ordaining, that the Laws for regulating Expences fhould reach all the Italians, as well as the Inhabitants of Rome ; and that not only the Mafters of extravagant Treats, but the Guefts too, fhould incur a Penalty for their Offence {c). Lex Licinia, the Author P. Licinius Crajffus the Rich, agree- ing, in mofi Particulars, with the Fannian Law ; and further preicribing, that on the Kalends, Nones, and Nimdines, thirty jfjfes ihould be the moft that was fpent at any Table ; and that on ordinary Days, which were not particularly c A Dtt excepted, there Ihould be fpent only three f^''/JfL^mo,Cz'. Pounds of dry Flefh, and one Pound of fait faubon in A. Cell. Meat; but allowing as much as every Body eTc^^Ox'" ^^^" P^^^^^^ °^ ^"y ^""^'^^ °^ ^^^ Ground. ' ' '"'"' Cornelia Lex, the Author L. Cornelius Sylla, ena£led, not fo much for the retrenching of 1" _■■ '■■' - ■ (a) Mtfcrobii Saturn, lib. 1. cap. J4. {b) Jiid, Sf J. Cell. lib. 2. cap. 24. {f) Ibid,' & 4. Cell, Ijb, 2. tap. 14. extravagant Book III. fh Romans. 167 extravagant Treats, as for the lowering the Price of Provi- fions (a). Mmilia Lex, the Author 'M. Emilias Lepidus, Conful, about J. 675, refped^ing the feveral Sorts of Meats in Ufe at that Time, and dating the juft Quantities allowable of every Kind (b), Antia Lex, the Author Antius Rc/Uo : A further Eflay to- ward the fupprefling of Luxury, the Particulars of which we are not acquainted with. But Macrobius gives uj this remarkable Story of the Author, that finding his Conftitution to be of very little Force, by Reafon of the great Head that Prodigality and Extravagance had gained in the City, he never afterwards fup- ped abroad as long as he lived, for fear he fbould be forced to be a Witnefs of the Contempt of his own Injundions, without being in a Condition to punifh it [c). Julia Lex, preferred in the Time o{ Augiijlus, allowing two hundred Sejiertii for the Provifions on the Dies Profejii, three hundred on the common Feftfvals in the Kalendar, and a thou- fand at Marriage Feafts, and fuch extraordinary Entertain- ments {d), A. Gellius further adds, that he finds in an old Author an Edid either of Augu/ius or Tiberius, (he is uncertain which) raifing the Allowance according to the Difference of the Fefti- vals, from three hundred to two thoufand Se/iertii(e). Hither may be referred the Lex Oppia, the Author C. Oppius, Tribune of the Commons, A. 540, in the Heat of the fecond Punick War, ordaining. That no Woman fhould have above half an Ounce of Gold, wear a party-coloured Garment, or be carried in a Chariot in any City, Town, or to any Place within a Mile's Diftance, unlefs upon the Account of celebrating fome facred Solemnity (f), (j) A. Cell. lib. 2. cap. 24. (i) Ibid. (<:) Macrtb. £? A. Gcll. (d) A. Cell. (e) Ihid. (f) Liv, lib. 34, Ttfc.Ann, 3. I, 4 CHAP, ;68 Of the Civil Govemmejtt of Part. II. CHAP. XXXII. L A ws relating to Martial Affairs. QJCRJTJ Lex Mill taris, the Author, probably, M. Va^ *-' lerlus CorvuSy Di^ator^ A. 411, ordaining, That no Sol- dier's Name which had been entered in the Mufter-Roll, fhould be ftruck cut, unlefs by the Party's Confent : And that no Perfon, who had been military Tribune^ fhould execute the Office of Du^or Ordinum (a). Setiipronia Lex^ the Author C. Semprontus Gracchus, Tribune of the Commons, J. 630, ordaining, That the Soldiers fhould receive their Clothes ^;V7//V at the publick Charge, without any Diminurion of their ordinary Pay : And that none fhould be obliged to ferve in the Army, who w^s not full feventeen Years old (b). Maria Porcia Lex, the Authors L. Marius and Porcius Cato, 7r;^«wj of the Corpmons, -^,691, ordaining, That a Penalty fhould be inflifled on fuch Commanders as writ falfely to the Senate, ^bout the Number of the fl^in on the Enemies Side, and of their own Party : And that they fhould be obliged, when they firft entered the City, to take a folemn Oath before the Slucejlorsy that the Number which they returned was true, according to the befl Computation {c). Sulpicia Lex, the Author P, Sulpicius, Tribune of the Com- mons, J. 665, ordaining. That the chief Command in the Mithridatick War, which was then enjoyed by L. Sylla, fhould be taken from him and conferred on C. Marius [d), Gabinia Lex, the Author A. Gabinius, Tribune of the Com- mons, A. 685, ordaining, 1 hat a Commiflion fhould be granted to Cn. Pompfy-y for the Management of the War aggiinft the Pirates for three Years, with this particular Claufe, that upon all the Sea ont his Side Hercules's Pillars, and in the Maritime Provinces as far as 400 Stadia from the Sea, he fhould be im-r powered to command Kings, Governors, and States, to fupply him with all th« Necetlaries in Expedition [e). {a) Li-v. lib. 7. (/i) P::r. in C. Crjo^h. (,) F.'jlir. Max. lib. 2. cap. 8. fd) Vfll. Fatcrc. lib, a. Fkr. £//.•. 77. TLtanh, in Sylla & Mario, Sec. 'e) ^^"ioniiit \n Cjri.li^r; Veil. Patuc, Jib. *. flutarct. Jn Powf, Qaro de f.cge Manilla Book III. the Romans. i6a Manitia Lex^ the Author C. Man'ilius^ Tribune of the Com- mons, A. 687, ordaining. That all the Forces oi LucuUus, and the Province under his Government, fhould be given to Pompeyi together with Bitbynia, which was under the Command of Glor- brio ; and that he fhould forth vi'ith make War upon Mithrldates ; retaining flill the fame naval Forces, and the Sovereignty of the Seas, as before [a). {a) Cicero dt Lege Munilia, Plurarcb. in Pgrnp. Fhr. Epitom. 100. CHAP. XXXIII. De Tutelis, or Laws concerning Wardships. aTTILI A Lext the Author and Time unknown, pre- -^ fcribing. That the Pnvtor-, and the major Part of the Tribunes^ fliould appoint Guardians to all iuch Minors, to whom none had been otherwife afligned [a). The Emperor Claudius I'eems to have abrogated this Lavtr, when, as Suetonius informs us, he ordered, that the Affignment of Guardians ihould be in the Power of the Confuls (b). Leetoria Lex^ ordaining. That fuch Perfons as were diflradted, or prodigally fquandered away their Eftates, fliould be committed to the Care of fome proper Perfons, for the Security of them- felves and their Pofleflions : And that whoever was convicSled of defrauding any in thofe Circumftances, fliould be deemed guilty of a high Mifdemeanor {c). (a) Liti. lib, 39, {b) Sueton. in Claud, cap. 23. (f) C/Vcra de Offic. lib. 3? de Nat. Psur» Uh, 3. kj«^ CHAP. 170 Of the Civil Government of Part II. TTh oCP qtt Qi CP *jP *P *P 4P 4^ ip 4P a5 »CP i5 55 *lP *P C> 31 3^ 5j q[5 55 CHAP. XXXIV. L A ws concerning Wills, Heirs, and Legacies, T^JJ RIA Lex^ the Author C. Furius^ Tribune of the Com- •* mons, ordaining. That no Perfon fhould give, by Way of Legacy, above a thoufand Affes, unlefs to the Relations of the Mafter who manumized him, and to fome other Parties there excepted {a). Voconia Lex, the Author ^. Voconius Saxa, Tribune of the Commons, J. 584, ordaining, that no Woman Ihould be left Heirefs to an Eltate ; and that no Cenfus fhould, by his Will, give above a fourth Part of what he was worth to a Woman. This feems to have been enaded, to prevent the Decay and Extinftion of noble Families [b]. By the Word Ctnfus is meant any rich Perfon, who was rated high in the Cenjor\ Books. (a) Cic. fro Balbo. (b) Cicero in Ver. 3. SeniS}. de Tinib. CHAP. XXXV. Laws concerning Money y JJfury, &c. ^EMPRONIJ Lexy the Author i^. SemproJiius^ Tribune ^ of the Commons, J. 560, ordaining, That, in lending Money to the Allies of Rome and the Latins, the Tenor of the Roman Laws fhould be flill obferved, as well as among the Citizens (a). Valeria Lex, the Author Valerius Flaccus, Conful with L. Cor- nelius Cinna, ordaining (to oblige the poorer Part of the City) that all Creditors fhould difcharge their Debtors upon the Re^ ceipt of a fourth Part for the who!e Sum. This Law, as moft unreafonable, is cenfured by P ater cuius [b). (^) Lw. lib. 35. Cicero dt Offc. 2. [b] Lib. 2, cap. 23. Gabinia Book III- //&f Romans. i^i Gab'inia Lex^ the Author Aul Gabinws^ Tribune of the Com- mons, J. 685, ordaining, Taat no A :lirn fhould be granted for the Recovery of any Money taken up, verfwd facia, i. e. firft borrowed upon a fmall Ufe, and then lent out again upon a greater; which Praftice was highly unreafonable(tf). Claudia Lex, the Author Claudius Ctefar; commanding. That no Uiurer fhould lend Money to any Perfon in hi: I\^onaoe, to be paid after the Death of his Parents [b). Vefpafian added a great Strength to this Law, when he or- dained, That thofe Ufurers who lent Money to any Filius Fa^ milice, or Son under his Father's Tuition, fljould have no Right ever to claim it again, not even after the Death of his Parents (t). {a.) Cicero ad Attic, lib. 5. Epift. ult. lib. 6. Epift, i. [h] Tacit. Annal. 11. (c) Suttcn. in Vtfp. cap. 11, >C0COet. lib. 2. de Oratore iji Brute, in Orat. pro Scauro, [c) Cicero de Orattr, %.Fior. Epit. 7 J, be 172 Of the Civil Goverment of Part II. be placed in the Hands of an equal Number of Senators and Knights [a). But this, among other Conftitutions of that Author, was abrogated the very fame Year, under Pretence of being made inaufpicioufly. Plaidla Lex^ the Author M. Plautius Silvanus^ Tribune of the Commons, A. 664, ordaining, That every Tribe fhould chufe out of their own Body fifteen Perfons to ferve as Judges every Year ; by this Means malting the Honour common to all three Orders, according as the Votes carried it in every Tribe [b). Cornelia Lex, the Author L. Cornelius Sylla, Di£iator, A. 673, taking away the Right of Judging entirely from the Knights, and reftoring it fully to the Senators (r ). Aurelia Lex, the Author L. Aurelius Cotta, Preetor, A. 653, ordaining. That the Senatorian and Equejirian Orders, together with the Tribuni /Erarii, fhould fhare the judicial Power be- tween them {d). Pompeia Lex, the Author Pompey the Great, Conful with CraJJiiS, A. 698, ordaining. That the Judges fhould be chofen ©therwife than formerly, out of the richeft in every Century ; yet, notwithftanding, fhould be confined to the Perfons men- tioned in the Aurelian Law [e). 'Julia Lex, the Author Julius Ccffar, confirming the afore- faid Privilege to the Senators and Knights, but excluding the Tribuni Mrarii (f). Rojinus fets this Law before that oi Pompey; but it is very plain, it was not made 'till afterwards. Antonia Lex, the Author M. Antony, Conful with Julius Ccefar.^ A. 709, ordaining, Th»t a third Decury of Judges fhould be added to the two former, to be chofen out of the Centurions [g). {a) Ajconius in Cornelian. [b) Ciciro pro Corntl, & ad Att. 4. [c) Fhr. Epit. 89. AJ on. in D'^nat. (^. i. & ^, CHAP. Book III. the Romans. in^ "'"^^^'^^'^^^^'^^'^^'^^^^^ CHAP. XXXVII. Laws relating to Judgements. pO MP E I A Lex, the Author Pompey the Great, fofe ''' Confid^ A, 701, forbidding the Ufe of the Laudatores in Tr3'als(<7). Manmia Lex, ordaining, that no Perfbn's Name Hiould be received into the Roll of Criminals, who was abfent upon the publick Account (^). Remfnia Lex, ordaining, that Perfons convided of Calumny (hould be ftigmatized [c). Both thefe Laws fometimes go under the Name of Memmiay and fometimes of Remmla ; the Diftindtion here obfcrved is owing to P. Manutius, Cmcia Lex, the Author M. Cim'ius, Tribune of the Com- mons, A. 549, forbidding any Perfon to accept of a Gift upon Account of judging a Caufc. This is commonly called Lex Muneralis [d). <-• [a) Plutarch, in Pomp. £?. in Catone Uticcnf, Vakr. Max. lib. 6. cap. 2. (i) Cr'- ccrt in Vatin. Val. Max. lib. 3, cap. 7. (f) Cictro fro Stxt. Roj'cio. {d) Uv, hb. 34. Tacit. Ann. 14. Cicero ad Attie. lib. i. dc Oratore 1, de Scne3. CHAP. XXXVIII. L Aws relating to Crimes. '■pHE Crimes or Alliens, that tended to the Prejudice of ^ the State, have been already reckoned up, and briefly explained. The Laws on this Subjedl are very numerous, and, by Rcafon of their great Ufefulnefs, have been preferved at large in the Labours of the Civilians, with the particular Heads of which they confided. It will be fufficient to the prefent Dcfi^n 174 Cf the Civil Government of Part Tl. Defign to mention fuch as are hinted at in the ordinary Clafficks, and to (peak of thofe only in general. De Majestate. Gahlnla Lex, already defcribed among the Laws relating to Aflemblies. Jpuleia Lex, the Author L. Apuleius^ Tribune of the Com- mons, J. 652. It feem? to haVc been ena£ted for the Reftraint of publick Force and Sedition in the City (a). Sigonius thinks, that it was this Law, which made the Queflion de MajeJiaU perpetual. Var'ia Lex^ the Author L. Farius, Tribune of the Commons, ji. 662, ordaining, That all fuch Perfons fhould be brought to a publick Ttya], who had any Way encouraged or aflifted the Confederates in the late War againft Rome(b). Cornelia Lex, the Author L. Cornelius Sylla, DiSlator, A. (i']0, making it Treafon to lead an Army out of a Province, or to engage in a War without fpeciai Orders ; to endeavour the in- gratiating one's felf fo wiih the Army as to make them ready to ferve his particular Intereft •, or to fpare, or ranfom a Commander of the Enemy when taken Prifoncr; or to pardon the Captains of Robbers and Pyrates ; or for a Roman Citizen to refide with- out Orders at a foreign Court; and afligntng the Punifhment of jlquis tff Ignis InterdiSiio to all that fhould be convi£led of any of thefe Crimes {c). Julia Lex, the Author Julius Ctsfar, either in his firft Con- fuKhip, or after the Pharjalian Victory, ordaining the Punifh- ment mentioned in ^ylla% Law, to be inflided on all that were found guilty de Majejlate ; whereas Sylla intended it only for the Particulars which he there fpecifies [d], Antonia Lex, the Author Mark Antony, allowing thofe who were condemned de Majejlate an Appeal to the People ; which before was allowed only in the Crime which they called Per- duellio, one Part of the Crimen Majejlatis, of the moft heinous Nature J which the Lawyers define, Hojlili animo adverfus Rem^ publicam ejje. This Law was repealed by Augujius [e]. {a) Cictro de Oratcr. lib. 2. {h) C.Utra frrj Scauro, pro Cornel. Tufeulan. i, in Bruto, Valirius Muxirr.us, lib. 8. cap. 6. (c) CUero in Pifon. pro Cluciit. &c. {^) Cicero, Pii.'i/p. j, {t) P. Manut, lib. de L(g-buu De Book III. the Romans. \ne De Jduherio & Pudicitia. Jtdlx Lex, the Author Aicgujliis dvfar^ as Suetonius informs us (.'?}. "Juvenal mentions this Law in his fecond Satyr, and Teenis to intimate, that it was afterwards confirmed, and put in full Force by the Emperor Domhian; the Rigour of it is there very handfomely exprefled : Leges revocabat amaras {h) OmnibuSi atque ipfis Veneri Martique^ timendas. Scatinla Lex^ the Author C. Scatinlus yh'uhius^ Tribune of the Commons ; though fome think it was called Lex Scantinia^ from one Seantinius^ Tribune of the Commons ; againft whom it was put in Execution. It was particularly levelled againft the Keep- ers of Catamites, and asainft fuch as prollituted themfeives for this vile Service [c). The Penalty enjoined by the Author, was only pecuniary ; but Augujlus Ccsfar made it afterwards capital [d). Cornelia Lex inter ficarios i^ veneficos \ ' The Author Cornelius Sylla^ Dilator. It was direded againft fuch as killed another Perlbn with Weapons or Poifon, or fired Houfes, or took away any Perfon's Life by falfe Accufation j with feveral other Heads. It was a Claufe in this Law, That the Perfon who flood ac- cufed of the Crimes therein mentioned, might have his Choice of letting the Jury give their Verdict Clam, vel Palam, by Voices or by Tablets (<-). De Parricidis. The old Law which profcribed the odd Sort of Punifhment proper to this Crime, was rertored and confirmed by Pompey the Great, with the Title of Lex Pompeia (fj. Cornelia Lex falft. Sylla., the Di^atir, as he appointed a proper Prator to make Inquifition into what they called Crimen falfi^ fo he enabled this (a) In Aug. cap. 34, (I) Juv. Sat. 2. t. 30. (c) ^uinvl. lib. 4.. cap. 2. lib. 7. cap. 4. CiitTo Philip. 3. Juv. Ss'c. {d) Juji, Jn/ht. lib, 4. (*) Cic. fn Cluer.t. (fJ J-uJ}. lr.fi. lib. 4. ST alii. Law 176 Of the Civil Government of Part II. Law as the Rule and Standard in fuch Judgment (/?). It takes in all Forgers, Concealers, Interliners, ^V. of Wills ; Coun- terfeiters of Writs and Edi^^s ; faile Accufers, and Corrupters of the Jury ; together with thofe that any Wavs debafed the publiclc Coin, by fhavjng or filing the Gold, or adulterating the Silver, or publifhing any new Pieces of Tin, Lead, i^c. and making thofe incur the fame Penaltv (which was Aqua: and Ignh interdiSlio) who voluntarily connived at the Offenders in thefe Particulars. Leges dc v'l. Platitia^ or Plot! a Lexy the Author P. Plautius., Tribune, oi the Commons, A. 675, againft thofe that attempted any Force againft the Scate or Senate j or ufed any Violence to the Ma- giftrates, or appeared armed in publick upon any ill Defign, or forcibly expelled any Perfon from his lawful Pofleflion. The Puniftiment afligned to the Convided was Aqua & Ignis xnterdi^io [b). Clodia Lex, the Author P. Clodins,, Tribune of the Commons, A- 695, ordaining. That all thofe (hould be brought to their Tryal, who had executed any Citizen of Rome without the Judgement of the People, and the Formality of a Trval (t). The Author, being « mortal Enemy of Cicero^, levelled this Law particularly againfl: him ; who in the Time of the Catili' narian Confpiracy, for the greater Expedition and Security, having taken feveral of the chief Parties concerned, firft impri- foned and afterwards executed them, only upon a Decree of the Senate. Clodius having highly ingratiated himfelf with the Peo- ple, by feveral popular Laws, eafily got this Acl to pafs j and lb obliged Cicero to go into P^xile. Psmpcia Lex^ the Author Pompey the Great^ In his third Confiil- fliip, A. 701. It was directed efpecially againii the Authors of the late Riot, upon the Account of Clodius and Milo ; in which one of the Curia had been fet on Fire, and the Palace of Lepidus the Interrex, aflaultcd by Force. This Law introduced a much fliorterForm of Judgement than had been formerly ufed, ordain- ing. That the firft three Days in every Tryal fhould be fpent in hearing and examining Witnefles, and then allowing only one Day for the two Parties to make their formal Accufation and Defence j the firft being confined to two Hours, and the other (1) Ci:. de Net, D^r. lib. 3. Suet, in ^g. cap. 33. (/;) Sueton. in Julio, cap. 3. £)/s, lib. 39. Cicen f.rij Scxiit, fn Mi lone. (f) I'e'l. Ptiien, lib. 2. Ck. ad ji.ti6. hl>. 3. Dio, liki. 3S. to Book III. the Romans. 177 to three. Hence the Author of the Dialogue concerning fa- mous Orators, attributed to ^nntilian^ or Tacitus^ obferves. That Pompey was the firft who deprived Eloquence of its old Liberty, and confined it to Bounds and Limits ( l8o Of the Civil Government of Part II. CHAP. XXXIX. Mifcellany Laws notjpoken of wider the getieral Heads, /^LODIA Lex de Col/rgh's, the Author P. CiocUus^ Tribune ^ of the Commons, A. 695, ordaining, That the Collegia^ or Companies o( Artificers inftituted by Nimi a, which had in a great Meafure been laid down, fhould be all revived, and ob- ferved as formerly, with the Addition of feveral new Compa- nies (a). Ca:ciUn Lex de Jure Italics, & tributts tollendii ; the Author ^. Ciscilius Metellus Nepos, Pfcstor, J. 693, ordaining. That the Tax called Poj-toria fliould be taken off from all the Italian States {b). Portoria^ according to Slgorilus's Explication, was a Sort of Toll paid always at the carrying of any exportable Goods to the Haven j whence the Colledors of it were called Portitores. Lex yuUa de maritandls ordlnlkis. The Romans^ confultino; the Grandeur of their Republiclc, had always a particular Honour for a married State j and no- thing was more ufual than for the Cenjors to impofe a Fine upon old Batchelors. Dlonyjius HallcarnaJJcus [c) mentions an old Conftitution, by which all Perfons of full Age v/ere obliged to marry : But the firft Law, of which we have any Certainty, was this of Angujhis Cafar, preferred A. 736. It did not pafs before it had received feveral Amendments, being at firfl: rejected for its extreme Severity. This is the Subje6l of Propertius's feventh Elegy of the third Book: Gavifa eji eerte fublatam Cynthia legem, &c. My Cynthia laugh'd to fee the Bill thrown out, ^c. Horaee calls it Lex Mar it a [d). A. 672, this Law, being improved and enlarged, was pre- ferred in a new Bill by Papius and Poppcsus, the Confuls at (fl) Ck. pro Sextio ; in Pijln, fro Demo. Ajcon. inCorr.el. [h) Dio, lib, 37. Cic. in Epiji, ad Attic, {c) Lib. 9. (f/) In Cam.ir.e Sacuiari, that Book III. //6^ Romans. iSi that Time : whence it is fometimes called Papla Poppaa Lexy and generally "Julia Papia. A great Part of the general Heads arc collecled by Lipjiut, in his Comment on Tacitus [a) ; among which, the moft re- markable are thofe which contain the Sandlions of Rewards and Punifliments, As to the firft of thefe, it was hereby ordained, That all the Magiftrates (liould take Precedence according to their Number of Children ; or a married Man before a Batchelor : That in Eledions, thofe Candidates fhould be preferred, who had the moft numerous Offspring: And that any Perfon might ftand fooner than ordinary for any Office, if he had as many Chil- dren as he wanted Years to be capable of bearing fuch a Dio-- nity [b) : That whoever in the City had three Children, in the other Parts of Italy^ four, and in the Provinces five (or as fome fay, {tv&n) fhould be excufed from all troublefome Offices in the Place where he lived. Hence came the famous yaj trium li- herorum^ fo frequently to be met with in Pliiiy, Martial^ &c. by which the Emperor often obliged fuch Perfons with this Privi- lege, to whom Nature had denied it. Of the Penalties incurred by fuch as in Spight of this Law lived a fingle Life, the chief was. That unmarried Perfons fhould be incapable of receiving any Legacy or Inheritance by Will, unlefs from their near Relations : And fuch as were mar- ried, and yet had no Children, above half an Eftate. Hence, Plutarch has a fevere Refieclion on the covetous Humour of the Age : That fevcrol of the Romans did not 7narry for the Sake of Heirs to their owfi Fortunes ; but that they thcmfehes might, upon this Account, be capable of inheriting the Eftate s of other ]\4en (r). And Juvenal alludes to the fame Cuftom : Jam Pater -^j dedimus quod f am (8 opponere poffis (d). Jura Parentis habes : propter me fcriberis Hares j Legatum omnc capis, nee non iff duke caducum. Now by my Toil thou gain'ft a Father's Fame ; No more fhall pointing Crowds atteft thy Shame, Nor hooting Boys thy Impotence proclaim. Thine is the Privilege our Laws aiTord To him that ftands a Father on Record ; } (a) Excurf. ad Tucit. AnnA, 3. Lher. C. Vid, Suet. inOSlavio, c, 34, (i) Plin. Epijl, 1. 7. {c) Plut. 'S7ifi 4>i>i((ro3-y»'aj. (.d) SJt, 9, V, 86. M 3 In 182 Of the Civil Government, b.Q. Part II, In Mifers Wills you ftand unqueftion'd now. And reap the Harveft which you could not fow. Claudia Lex defer ibarum negotlatione. This Law is barely mentioned by Suetonius [a) \ and feems a Part of the Lex Claudia^ or Clodia^ about the Trading of the Senators, already explained. It appears therefore, that not only the Senators, but the Scribes too, or at leaft thofe Scribes who afTifted the ^iceftors^ were forbid to make Ufe of a Veflel of above three hundred Amphorce : We may reafonably fuppofe, that this Prohibition was not laid upon them, in refpedl of their Order and Degree, v./hich were not by any Means eminent : But rather, upon Account of their particular Place or Office : Becaufe it looked very improper, that Perfons who were con- cerned in the publick Accounts, fhould at the fame Time, by dealing in Traffick and Merchandize, endeavour rather the filling their own Coffers, than improving the Revenues of the State (/>). Manilla Lex; this Law, as well as the former, depends upon a fingle Authority, being jufl named by Salluji (c), and not explained by Manutius or Roftnus. It feems to have been to this Purpofe, that fince Affairs had been very often ill managed by the TS^obility; thofe Perfons, whofe Anceftors had borne no Magiftracy in the State, fuch as they called Homines noviy (hould, for the future, be allov;ed the Privilege of holding pub- lick Offices (^}. Jti'riia Lex de Furtis, ordaining. That no Prefcription fhould fecure the Pofleffion of ftolen Goods ; but that the proper Owner fhould have an eternal Right to them (e). (a) In Domit. cap. 9. [b) V. Torrent, in net. ad locum, {c) In Bell, jfugurtbln. [d] V, Ri-viuK in net. ad Lcum. (i) Cic. Verr. 3. A. Cell. cap. 7. CHAP. [ i83 ] PART II. O K IV. Of .the Roman Art of TVAR. CHAP. I. T^he Levies of the Roman Foot. T the fame Time of the Year, as the Confuls were declared Ele£i or Defigned, they chofe the Military Tribunes^ fourteen out of the Body of the Equttes^ who had ferved in the Army five Years ; and ten out of the Commonalty, fuch as had made ten Campaigns. The former they called Tr'ibunl junior es^ the latter Seniores. The. Conjuh having agreed on a Levy (as, in the Time of the Commonwealth, they ufually did every Year) they iflued out an Edicl, commanding al! Perfons who had reached the Military Age (ahout feventeen Years) to appear (commonly) in the Capitol, or in the Area before the Capitol, as the moft facred and auguft Place, on fuch a Day. The Peo- ple being come together, and the Confids, who prefided in the Ailembly, having taken their Seat, in the firft Place, the four M 4 and 1 84 I'he Roman Part. II. and twenty Tribunes were difpofed of, according to the Number of Legions they defigned to make up, which was generally four. The junior Tribunes were afligned, four to the firft Legion, three to the fecond, four to the third, and three to the lafl. The fenior Tribunes ^ two to the firft Legion and the third ; three to the fecond and lafl. After this, every Tribe, being called out by Lot, was ordered to divide into their proper Centuries; out of each Century were Soldiers cited by Name, with Refpeft had to their Eftate and Clafs ; for which Purpofe there were Tables ready at Hand, in which the Name, Age, and Wealth of every Perfon was exadly defcribed. Four Men, as much alike in all Circumftances as could be pitched upon, being prefented out of the Century, firfl: the Tribunes of the firfl Legion chofe one, then the Tribunes of the fecond ano- ther, the Tribunes of the third Legion a third Man, and the remaining Perfon fell to the Tribunes of the fourth. Then four more were drawn out; and now the Right of chufing firft be- longed to the Tribunes of the fecond Legion ; in the next four to theTribunes of the third Legion ; then to the Tribunes of the fourth Legion, and fo round, thofe Tribunes chufing laft the next Time, who chofe firft the Time before ; the moft equal and regular Method imaginable. Cicero has remarked a fuperftitious Cuftom obferved in thefe Proceedings : That the firft Soldiers pitched upon, fhould, for the Omen's Sake, be fuch as had fortunate Names, as Salvius, Valerius, and the like (c). There were many legal Excufes w^hich might keep Perfons from the Lift ; as, in Cafe they were fifty Years old ; for then they could not be obliged to ferve ; or if they enjoyed any Civil or Sacred Office, which they could not conveniently relinquifli; or if they had already made twenty Campaigns, which was the Time required for every Foot Soldier ; or if, upon Ac- count of extraordinary Merit, they had been by publick Au- thority releafed from the Trouble of ferving for fuch a Time ; or if they were maimed in any Part, and fo ought not to be ad- mitted into the Legions ; as Suetonius tells us of a Father, who cut oft^ the Thumbs of his tv/o Sons, on purpofe to keep them out of the Army {b). And Valerius Maximus gives a Re- lation of the like Nature [c). («) Cic. d( Diiinat, lib. J. {b) Suetori. Auguji. cap. 24, (f) Val. Max, \\\. 6. cap. 3. Othefwife Book IV. 'Jrt of War. iS^ Otherwife they were ncceflitated to fubmit; and in Cafe of a Refufal, were ufually punifhed either with Imprifonment, Fine, or Stripes, according to the Lenity or Severity of the Conful. And therefore it feems ftrange that Machiavel fhould particularly commend the Roman Difcipline, upon Account of forcing no one to the Wars, when we have in all Parts of Hiftory fuch large Intimations of a contrary Practice. Nay, we read too of the Conquifitores^ or Imprefs-Mafters, who were commiflioned upon fome Occafions to go about, and compel Men to the Service of the State. Valerius Jldaximus (a) gives us one Example of changing this Cuftom of taking out every particular Soldier by the Tribunes., for that of chufing them by Lot. And Jppianus Alexandrinus (b) acquaints us, That in the Spatiijh War ma- naged by Lucullus, upon Complaint to the Senate of feveral unjuft Prailices in the Levies, the Fathers thought fit to chufe all the Soldiers by Lot. Yet the fame Author aflures us, That within five Years Time the old Cuftom returned, of making the Levies in the A'Tanner already defcribed. However, upon any extraordinary Occafion of Immediate Service, they omitted the common Formalities, and, without much Diftindlion, lifted fuch as they met with, and led them out on an Expedition. Thefe they termed Milites Subitarii. {a) Lib. 6. cap. 3, [h) In lifric, CHAP. II. The Levy and Review of the Cavalry. D OMUL USf having eftablifiied the Senate, chofe three -**■ hundred of the ftouteft young Men out of the moft noble Families to ferve on Horfeback: But, after the Liftitution of the Cenfus by Servius TulHus., all thofe Perfons had the Ho- nour of being admitted into the Order of the Equites^ who were worth four hundred Sejhrtia; yet no Man was thus enrolled by the Kings or Confulsy or afterwards by the Cenfors^ unlefs, be- fjdes the Eftate required, no Exception could be taken againft his Perfon or Morals. If thefe were unqueftionable, his Name was entered among the Knights, and a Horfe and Ring given him 1 86 The Ro M A N Part 11. him at the publick Charge ; he being obliged to appear for the future on Horfeback, as often as the State fhoiild have Occafion for his Service. So that there being always a fufRcient Number of Equites in the City, there needed only a Review in order to fit them for Service. Learned Men have very h'ttle Agreement in this Point; yet we xmy venture to take Notice of three feveral Sorts of Reviews, Probotio, TranfveSiio^ and what they termed properly Recenfw ; though they are ufually confounded, and fel- (Iqm underttood. The Probatio we may conceive to have been a diligent Search into the Lives and Manners o^ iht Equites^ and a firift Obfervation of iheir Plights of Body, Arms, Horfer, <^c. This is fuppofed to have been commonly made once a Year. Tranjveciio L'lpfim makes fhe fame as Probatio^ but he is cer- tainly miftaken; fince all the Hints we meet with concerning it in Authors, argue it to have been rather a pompous Ce- remony and ProcelTion, than an Examination. The moft learned Gravius obferves it to have been always made in the Forum (a). Dioayf-us defcribes it in the following Mariner : The Sacrifices being f.nifocd^ all thoje ivho arc allozucd Horfes at the Expence of the State ^ ride along in Order ^ as if returning fro?n a Battle^ being habited in the Togae Palmatne, or the Trabeae, and crowned %vith Wreaths of Olive. The Proceffion begins at the Temple of Mars, zvithout the Walls^ and is carried on through all the eminent Parts of the City, particularly the Forum, and the Temple of Caftor and Pollux. The Number fmietimes reaches to five Thoufand ; every Man hearing the Gifts and Ornamerits re- ceived, as a Reward of his Valour, from the General. A mojl glo- rious Sight, and worthy of the Roman Grandeur (b). This Solemnity was inftituted to the Honour of C?/?(?r and Pollux, who, in the Battle with the Latins, about the Year of the City 257, appeared in the Field perfonally affifling the Ro- mans ; and, presently after the Fight, were ken at Rome (jufl by the Fountain where their Temple was afterwards built) upon Horfes all foaming with white frothy Sweat, as if they had rode Poft to bring Tidings of the Vi6tory(r). The proper Rccenfio was the Account taken by the Ceifrs every Litjhuni, when all the People, as well as the Equites, (a) Prafat. ad I. Vol. TLe^-^ur. Ant. Rom. {h) Di-y.yf. Ualic. lib. 6. (f) tlut. ill Ccriolan. were Book IV. Art of War. 187 were to appear at the General Survey : So that it was only a more folemn and accurate Sort of Probation^ with the Addition of enrolling new Names, cancelling old ones, and other Cir- cumftances of that Nature. Befides all this, it was an ufual Cuflom for \.\\e Equites^ when they had ferved out their legal Time in the Wars, to lead their Horfe folemnly into the Forum, to the Seat of the two Cenfors, and there having given an Account of the Commanders under whom they had ferved, as alfo the Time, Places, and Adions relating to their Service, they were difcharged every Man with Honour or Difgrace, according as he deferved. For this Ac- count we are beholden to Plutarch, who gives a particular Re- lation how this Ceremony was performed with univerfal Ap- plaufe by Pcmpey the Great. It might be brought as a very good Argument of the Ob- fcurity and Confufion of thefe Matters, that, of two very learned Men, one makes this Equi redditio the fame as the Probatio{a), the other the fame as the Xrarifue^lo [b). -Non nojirurn tanias componere Utes. The Em.perors often took a Review of the Cavalry ; and Au- guftus particularly reftorcd the old Cuftom of the TranfueSiio, which had before been difcontinued for fome Time. It is hard to conceive that all the Roman Horfe in the Army {hould confift of Knights; and for that Reafon Sigonius, and many other learned Men, make a Diftinition in the Cavalry, between thofe who ferved Equo publico, and thofe that ferved Equo privato ; the former they allow to have been of the Order of Knights, the latter not. But Gravius and his noble Coun- trymen Schelius have proved this Opinion to be a groundlefs Conje(?l:ure. They demonftrate from the Courfe of Hiftory, that from the Beginning of the Roman State, till the Time of Marius, no other Horfe entered the Legions but the true and proper Knights, except in the Midft of publick Confufion, when Or- der and Difcipline were negle<5led. After that Period, the military Affairs being new modelled, the Knights thought not fit to expofe themfelves abroad in the Legions, as they had formerly done, but generally kept at Home to enjoy their Eftatcs, and to have a Hand in the (a) Herman, Huge de Militia Equejiri, I, 2. c. 5. {b) bigon, Annot. ad Liv, }. 9. c. 46, Tranfadions i88 7)&^ Roman Part II. Tranfadions of the City ; and their Piaces in the Army were filled by foreign Horfe ; or if thev ever made Campaigns themfelves, they held fome Poft of Honour and Command, Hence under the Emperors a Man might be a Knight, and have the Honour of a Publick Horfe, without ever engaging in the publick Caufe, or fo much as touching Arms ; which Con- fideration made fome Princes lay afide the Cuftom of allowing the Knights a Horfe, and leave them only their Gold Ring to diftinguifli their Order, as Pliny [a] Senior affirms to have been done in his Time. («) Lib. 33. cap. I. -vid. Grce-vr. Praf, ad Vol. I. Th. Rom. X X. X A. »^. A. .*••. .»"v .•^. .»•'. •*•- ^u •**, •••- .* CHAP. IIL The Military Oath, and tJoe Le'-oies of the Confederates. 'T'HE Levies being finilhed, the Tribunes of every Legion ^ chofe out one whom they thought the fittelt Peribn, and gave him a folemn Oath at large, the Subftance of which was. That he fliould oblige himfelf to obey the Commanders in all Things to the utmoft of his Power, be ready to attend when- ever they ordered his Appearance, and never to leave the Army but by their Confent. After he had ended, the whole Legion, pafling one by one, every Man, in (hort, fwore to the fame EfFe<3:, crying, as he went by. Idem in me. This, and fome other Oaths, were fo efl'ential to the military State, that 'Juvenal ufeth the Word Sacramenta for Milites or J^ilitia. Sat. xvi. 35. Pramia nunc alia, atque alia emolumenta notemus Sacramentorum. As to the raifing the Confederate Troops, Polybius informs us, that at the fame Time as the Levies were made in Rome, the Confuh gave Notice to the Cities of the Allies in Italy, in- timating the Number of Forces they fliould have Occafion to borrow of them, together with the Time and Place when and Book IV. Art of War 189 and where they would have them make their Rendezvous. The States accordingly convened their Men, and chufing out their defired Number, gave them an Oath, and affigned them a Commander in Chief, and a Pay-Mafter General. We may oblerve. That in the Time of Polybius all Italy was indeed fubje£t to the Romans ; yet no State or People in it had been reduced into the Form of a Province j retaining, for the Generality, their old Governors and Laws, and being termed Socii^ or Confederates. But, after all, the Itallam were not only divided into feparate Provinces, but afterwards honoured with the Jus Ctvitatis ; the Name of Socii ceafed, all the Natives of Italy being accounted Romans ; and therefore, inftcad of the Social Troops, the Auxilia were afterwards procured, which are carefully to be diflinguifhed from the former. They were fent by foreign States and Princes, at the Defire of the Roman Senate, or Gene- rals, and were allowed a let Pay from the Republick ; whereas the Soci'i received no Confideration for their Service, but a Diftribution of Corn. CHAP. IV. Of the E V o c A T I. 'T^HE moft eminent Degree of Soldiers were the Evocati^ *- taken as well out of Allies as Citizens, out of Horfe as Foot, not by Force, but at the Requeft and Intreaty of the Confuls, or other Officers : For which Purpofe Letters were commonly difpatched to every particular Man whom they defigned thus to invite into their Service. Thcfe were old experienced Soldiers, and generally fuch as had ferved out their legal Time, or had received particular Marks of Favour as a Reward of their Valour, on which Accounts they were ftyled Emtriti, and Bejiefidaru : Scarce any War was under- taken, but a great Number of thofe were invited into the Army, therefore they had the Honour to be reckoned almoft equal with the Centurions. In the Field they ufually guarded the chief Standard, being excufed from all the Military Drud- gery, of ftanding on the Watch, labouring in the Works, and other fervile Employments. ^ The 190 T'he RoNiAN Part II. The Emperor Galba gave the fame Name of Evocati to a feleft Band of young Gentlemen of the Equejlrian Ranksj whom he kept as a Guard in his Palace [a]. {a) Suct'M. in Galb. cap. 10. C H A P. V. *Tbe fever alKi7jds of the Roman Foot, and their Divi^ fon into Manipuli, Cohorts, a?id Legions, 'T*HE whole Koman Infantry was divided into four SortSj '■■ V elites, Hajiati, Principes, and Triarii. The Velites were commonly fome of the Tiros^ or young Soldiers, of mean Condition, and lightly armed. They had their Name a volando, or a veJncitate, from their Swiftnefs and Expedition. They feem not to have been divided into diftindt Bodies- or Companies, but to have hovered in loofe Order before the Army. The Hajiati were fo called, becaufe they ufed in ancient Times to fight with Spears, which were afterwards laid afide,- as incommodious ; thefe were taken out the next in Age to the Vc'Utes The Principes were generally Men of middle Age, and of greateft Vigour ; it is probable that, before the Inftitution of the HaJ^ati, they ufed to begin the Fight, whence they bor- rowed their Name. The Triarii were commonly Veterans, or hardy old Sol- diers, of long Experience and approved Valour. They had their Name from their Pofition, being marlhalled in the third Place, as the main Strength and Hopes of their Party. They are fometimes called Pilarii, from their Weapons the Pi/a. Every one of thefe grand Divifions, except the Velites, com- pofed thirty Mo.nipuli, or Companies ; every Manipulus made two Centuries, or Or dines. Three Manipuli, one of the Hajiati, another of the Prin^ cipes, and a third of the Triarii, compofed a Cohors. Among thefe, one was filled with fome of the choiceft Soldiers and Officers, obtainiPii the honourable Title of Prima Cohors. We Book IV. Art of War. 1 9 1 We meet too with the Prcctorla Cohors^ inftituted by Scipio Numant'ius ; felected for the moft Part out of the Evocati or Reformades, and obliged only to attend on the Pr^ior or General : And this gave Original to the Prcctcrlani, the Life- Guard of the iiinperors. Ten Cohorts made up a Legion ; The exa6t Number of Foot, in luch a Battalion, Romulus fixed at three thoufand ; though Plutarch alTures us, that, after the Reception of the Sabines into Rome^ he encreafed it to fix thoufand. The common Number afterwards, in the firfl Times of the Free State, were four thoufand : In the War with Plannihalt it arofe to five thoufand. After this, it is probable they funk to about four thouland, or four thoufand two hundred again ; which was the Number in the Time of Poiylnus. In the Age of yulius Ccsfar.^ we do not find any Legions exceeding the Polyhian Number of Men ; and he himfelf ex- prefsly fpeaks of two Legions, that did not make above ks^vi thoufand between them [a). The Number of Legions kept in Pay together, was difFe- rent, according to the various Times and Occafions. During the Free State, four Legions were commonly fitted up every Year, and divided between the Confids : Yet, in Cafes of Ne- ceffity, we fometimes meet with no iefs than Sixteen or Eighteen in Livy. Augujius maintained a ftanding Army of twenty-three, or (as fome will have it) of twenty-five Legions ; but in After- times we feldom find fo many. They borrowed their Names from the Order in which they were raifed, ^s Prima ^ Sccunda., TcrUa\ but becaufe it ufually happened, that there v.'ere feveral Prvna:^ Secundce^ Sec. in feveral Places, upon that Account they took a Sort of Surname be- fides, either from the Emperors v/ho firfl confticuted them, as Augiijia., Claiidiana^ Galh'iona^ Flav'ia., Ulpia, Trojana^ Anioniana, or from the Provinces which had been conquered chiefly by their Valour ; as Parthica^ Scytbica, Gidlica^ Andnca^ he. Or from the Names of the particular Deities, for whom their Commanders had an efpecial Honour, a^ Mincrvla., and Apol- Unaris : Or from the Region where they had their Quarters ; as Cretenfis^ Cyrenaica^ Britannica, &c. Or fometimes upon Ac- count of the leirer Accidents ^ as Adjiiirix, Martia, Fulminatrix, RapaXf &c. (a) CimmaUar. lib. 5. CHAP. 1 92 'The Roman Part II, \ /"•: ,••"••. .•''••. .••"'•- .••"•'. ."•*' V '•' CHAP. VI. ne Divijion of the Cavalry, and of the Allies. 'TpHE Horfe required lo every Legion was three hundred, -•■ divided into ten Turma, or Troops, thirty to a Troop, every Turrna making three Decuria;^ or Bodies of Men. This Number of three hundred they termed Jiijius Equiiatus, and is underflood as often as we meet with Legio cum fuo Eqid- tatUy or Lcgio ami jujio Eqtiitotu. And though we now and then find a different Number, as two hundred in a Place or two of Livy and Ccefar; yet we muft fuppofe this Alteration to have proceeded from fome extraordinary Caufe, and confe- quently to be of no Authority againft the common Current of Hiftory. The foreign Troops, under which we may now comprife the Socii and Auxiliaries, were not divided as the Citizens, into Legions, but firft into two great Bodies, termed Alce^ or Cor- niia^ and thofe again into Companies, ufually of the fame Na- ture with thofe of ^^ Romans \ though, as to this, we have little Light in Hillory, as being a Matter of fmall Importance. We may further remark, That the Forces which the Romans borrowed of the Confederate States were equal to their own in Foot, and double in Horfe ; though by difpofing and di- viding them with great Policy and Caution, they prevented any Defign that they might poflibly entertain againft the na- tural Forces ; for about a third Part of the foreign Horfe, and a fifth of the Foot, was feparated from the reft, under the Name of Extraordinarii ; and a more choice Part of thofe with the Title of Jble^i. In the Time of the Emperors, the Auxiliary Forces were commonly honoured with the Name and Conftitution of Le- gions, though the more ancient Appellation of jflcs frequently occurs. They were called y^la from their Pofitlon In the Army ; and therefore we muft expedl fometimes to find the fame Name applied to the Roman Soldiers, when they happened to have the fame Stations. CHAP, Book IV. Art of War, 193 CHAP. VII. ^he Officers in the Roman Army \ and firjl of the Centurions and Tribunes ; with the Commanders , of the Horfe, and of the Corifederate Forces. 'T'HE military Officers may be divided, according to Lip- -*■ ftus, into proper and common, the firil: prefiding over fome particular Part, as the Cctiturions and Tribunes, the other ufing an equal Authority over the whole Force, as the Legati and the General. We cannot have a tolerable Notion of the Centurions, with- out remembering what has been already delivered : That every one of the Thirty Manipidi in a Legion was divided into two OrdineSf or Ranks ; and confequently the three Bodies of the Haftati, Principes, and Tricirii, into twenty Orders a-piece, as into Ten ManipuU. Now every Manipulus was allowed two Centurions, or Captains ; one to each Order or Century : And, to determine the Point of Priority between them, they were created at two different Ele£lions. The thirty, who were made firft, always took the Precedency of their Fellows, and therefore commanded the Right-hand Orders, as the others did the Left. The Triarii, or Pilani, being efteemed the moft honourable^ had their Centurions defied firft ; next to them the Principcs^ and afterwards the i/<7/?rt^/ ; whence they were crMed prim 2(s iff fe- cundus Pilus, primus ) Idem, in Camill, () Mwct. Variar, LeEi. lib. 13. cap. 20. CHAP. XVI. Of the Military Rewards. T> U T the Encouragements of Valour and Induftry were much ^ more confiderable than the Proceedings againft the contrary Vices. The moft confiderable (not to fpeak of the Promotion from one Station to the other, nor of the occafional Donatives jn Money, diftinguiflicd by this Name from the Larizefles be- ftowed on the common People, and termed Cong'iaria) v/ere firft the Dona Imperatoria, fuch as The Hfjjia pura., a fine Spear of Wood without any Iron on it : fuch an one as Virgil has given Sylvius in the Sixth of the /Etjeids : 760. Ille a, C^yrtma 71) Flut. in Marcdl. (c) Vlut. in Pomp. larger y^ 2 2^ Book IV. Art of War. 225^ larger Difquifition about the feveral Parts and Appendages that belonged to it. And this the excellent Plutarch has favoured us with, in his Defcription of Pauks /Emilius's Triumph after the taking King P^r/^«; Prifcner, and putting a final Period to the Macedonian Empire. This muft be owned to be the moft glorious Occafion imaginable; and therefore we may expe£l the moft complete Relation that can poflibly be defired. The Ceremony then oi Mtnilius's Triumph was performed after this Manner : " The People ereded Scaffolds in the Forum and Ctrcjis^ and « all the other Parts of the City where they could beft behold " the Pomp. The Spedators ' were clad in white Garments ; *' all the Temples were open and full of Garlands and Per- *' fumes; the Ways cleared and cleanfed by a great many Offi- »' cers and Tipftaffs, that drove away fuch as thronged the Paf- *' fage, or ftraggled up and down. This Triumph lafted three *' Days : On the firft, which was fcarce long enough for the " Sight, were to be feen the Statues, Pidures and Images of an «' extraordinary Bignefs, v/hich were taken from the Enemy, " drawn upon kvtn hundred and fifty Chariots. On the fe- ** cond was carried, in a great many Wains, the faireft and ** the richeft Armour of the Macedonians, both of Brafs and *' Steel, all newly furbifhed and glittering; which, although " piled up with the greateft Art and Order, yet feemed to be *' tumbled on Heaps carelefsly and by Chance; Helmets v/ere " thrown on Shields, Coats of Mail upon Greaves, Cretan *' Targets, and Thracian Bucklers and Q[uivcrs of Arrows lay " huddled among the HorfesBitts; and through thefe appeared *' the Points of naked twords, intermixed with long Spears, *' All thefe Arms were tied together with fuch a juft Liberty, *' that they knocked againfl: one another as they were drawn *' along, and made a harfti and terrible Noife ; fo that the very *' Spoils of the Conquered could not be beheld without Dread. *' After thefe Waggons loaded with Armour, there followed *' three thoufand Men, who carried the Silver that was coined, *' in feven hundred and fifty Veflels, each of v.'hich weighed ** three Talents, and was carried by four Men. Others brought ** Silver Bowls, and Goblets, and Cups, all difpofed in fuch *' Order, as to make the beft Show, and all valuable, as well *' for their Bignefs, as the Thicknefs of their engraved Work. *' On the third Day, early in the Morning, firft came the *' Trumpeters, who did not found as they were wont in a Pro- P " ceflion 226 The Ko MAN Part II. *« ceflion or folemn Entry, but fuch a Charge as the Romans ufe ** when they encourage their Soldiers to fight. Next followed *' young Men girt about with Girdles curioufly wrought, which I *' led to the Sacrifice 120 ftalled Oxen, with their Horns gilded, *' and their Heads adorned with Ribbands and Garlands ; and *' with thefe were Boys that carried Platters of Silver and Gold. *' After this was brought the Gold Coin, which was divided '* into Veflels that weighed three Talents, like to thofe that *' contained the Silver; they were in Number fourfcore want- " ing three. Thefe were followed by thofe that brought the " confecrated Bowl, which Mvuiius caufed to be made, that " weighed Ten Talents, and was all befet with precious Stcmes: *' Then were expofed to View the Cups o^ Jntigomis zndSeleu- *' cuSy and fuch as were made after the P afhion invented by *' ThericleSy and all the Gold Plate that was ufed at Perfeus's " Table. Next to thefe came Pcrfeus's Chariot, in the which *' his Armour was placed, and on that his Diadem : And after " a little Intermiffion, the King's Children were led Captives, " and with them a Train of Nurfes, Mafters, and Governors, " who all wept, and ftretched forth their Hands to the Speda- *' tors, and taught the little Infants to beg and intreat their '* Compaflion. There were two Sons and a Daughter, who, " by Reafon of their tender Age, were "altogether infenfible of "' the Greatnefs of their Mifery ; which Infenfibility of their *' Condition rendered it much more deplorable ; infomuch that *' Perfeus himfelf was fcarce regarded as he went along, whilft *' Pity had fixed the Eyes of the Romans upon the Infants, and *' many of them could not forbear Tears : All beheld the Sight *' with a Mixture of Sorrow and Joy, until the Children were " paft. After his Children and their Attendants, came Perfeus *' himfelf, clad all in Black, and wearing Slippers, after the "^' Falhion of his Country : He locked like one altogether afto- ^^ nifhed and deprived of Reafon, through the Greatneis of his ^' Misfortunes. Next followed a great Company of his Friends *' and Familiars, whofe Countenances were disfigured with *' Grief, and who teftified to all that beheld them by their " Tears, and their continual Looking upon Perfeus, that it was *' his hard Fortune they fo much lamented, and that they were *' regardlefs of their own. — After thefe were carried four hun- *' dred Crowns :;11 made of Gold, and fent from the Cities by ^' their refpedlive AxmbafTadors to Mmilius, as a Reward due to ** his Valour. Then he himfelf came feated on a Chariot mag- ** nificently adorned (a Man worthy to be beheld, even with- *' out Book IV. Art of War, 227 *' out thefe Enfigns of Power;) he was dad in a Garment of *' Purple interwoven with Gold, and held out a Laurel-Branch <' in his Right-hand. All the Army in like Manner, with <« Boughs of Laurel in their Hands, and divided into Bands and *« Companies, followed the Chariot of their Commander, fome *' finging Odes (according to the ufual Cuftom) mingled with <' Raillery J others. Songs of Triumph, and the Praifes^'of .^^w/- ** /m's Deeds, who was admired and accounted happy by all *' Men, yet unenvied by every one that was good." There was one remarkable Addition to this Solemnity, which j though it feldom happened, yet ought not to efcape our Notice: This was when the Roman General had, in any Engagement, killed the chief Commander of the Enemy with his own Hands : For then, in the triumphal Pomp, the Arms of the flain Captain were carried before the Victor, decently hanging on the Stock of an Oak, and fo compofing a Trophy. In this Manner the Proceffion went on to the Temple of 'Jupiter Feretrius (fo called a ferimdo) and the General making a formal Dedication of his Spoils (the Spolia opima, as they termed them) hung them up in the Temple. 1 he tirft, who performed this gallant Piece of Religion, wzs Romulus^ when he had flain Jcron, King of the Caninenfes ; the fecond Cornelius Cojfus.^ with the Arms of 'Tolum- niusy a General of the Veientes : the third and laft M. Marcellus^ with thofe taken from Viridomariis-^ King of the Gauls; whence yirgil fays of him, ^n. vi. 859 : Tertiaque arma pairi fufpendet capta Qiarino. Where ^uirino muft be underftood only as an Epithet ap- plied to Jupiter^ as denoting his Authority and Power in War } as the fame Word is attriouted to Janus^ by Horace and Suetonius. Therefore Servius is moft certainly guilty of a Miftake, when he tells us, that the firft Spoils of this Nature were, according to Numa's Laws, to be prefented to Jupiter \ the fecond 10 Mars', and the third to ^drinus, or Romulus ; for that Decree of Numa only took Place, if the fame Perfon had the good Fortune to take thefe Spoils three Times; but we are aflured, that not only Romulus but CcJ/iiS and Alar alius too all made the Dedication to Jupiter. The Admirers of the Roman Magnificence will be Infinitely pleafed with the Relation already given from Plutarch of the Triuniphal Pomp : While others who fancy that People to have P 2 been 22^ ^he Roman Part IL been poflefTed with a ftrange Meafure of vain Glory, and attri- bute all their military State and Grandeur to ambitious Often- tation, will be much better fatisfied with the fatyrical Account which "Juvenal furnifhes us with in his Tenth Satyr. He is faying, that Democritus found Subject enough for a continual Fit of Laughter, in Places where there was no fuch formal Pageantry, as is commonly to be feen in Rome: And then he goes on, 36. ^idf ft vidijjet Pratorem currihus oltis Extant em,, & medio fubUmem in pulvere C'lrci In tunica Jovis,, ^ pidte Sarrana ferentem Ex humeris aule^a toga.^ magmeque coroncs Tantum orb em,, quant cervix non fuffcit uUa? ^uippe tenet fudans banc publicus,, bf fibi Conful Ne placeat,, curru fervus portatur eodem. Da nunc iff valuer em,, Sceptro quee furgit eburno, mine cornicines^ hinc pracedentia longi Jlgminis officio, iff niveos adfrajia ^uirites, Defoja in loculis, quos fportula fecit ami cos. What had he done, had he beheld on high Our Conful feated in mock-Majefty: His Chariot rolling o'er the duity Place, While with dumb Pride, and a fet formal Face, He moves in the dull ceremonial Track, With Jove's embroider'd Coat upon his Back : A Suit of Hangings had not more oppreft His Shoulders, than a long laborious Veft. A heavy Gewgaw (call'd a Crown) that fp read About his Temples, drown'd his narrow Head ; And would have crufh'd it with the mafTv Freight, But that a fweating Slave fuftain'd the Weight, A Slave in the fame Chariot feen to ride, To mortify the mighty Madman's Pride. And now th'Imperial Eagle rais'd on high. With golden Beak (the Mark of Majefty) Trumpets before, and on the Left and Right A Cavalcade of Nobles all in white : In their own Natures falfe and flattering Tribes ; But made his Friends by Places and by Bribes. [Mr. Dryden, CHAP. Book IV. Art of War. ^ 229 C H A P. XVII. T^he Roman Way of declaring War^ a?id of making Leagues. 'THE Ro?nans ufed Abundance of Superftition in entering •*■ upon any Hoftility, or clofing in any League, or Confe- deracy : The Publick Minifters, who performed the ceremonial Part of both thefe, were the Fcciaks, or Heralds already defcribed among the Priefts ; nothing remains but the Ceremonies them- felves, which were of this Nature. When any neighbouring State had given fufficient Reafon for the Senate to fufped a De- fign of breaking with them ; or had offered any Violence or Injuftice to the Subje6^s of Rome^ which was enough to give them the Repute of Enemies ; one of the Feciales, chofen out of the College upon this Occafion, and habited in the Veft be- longing to his Order, together with his other Enfigns and Ha- biliments, fet forward for the Enemy's Country. As foon as he reached the Confines, he pronounced a formal Declaration of the Caufe of his Arrival, calling all the Gods to witnefs, and imprecating the divine Vengeance on himfelf and his Country, if his Reafons were not juft. When he came to the chief City of the Enemy, he again repeated the fame Declara- tion, with fome Addition, and withal defired Satisfaftion. If they delivered into his Power the Authors of the Injury, or gave Hoftages for Security, he returned fatisficd to Ro7ne ; if otherwife they defired Time to confider : he went away for ten Days, and then came again to hear their Refolution. And this he did in fome Cafes, three Times : But, if nothing was done toward an Accommodation in about thirty Days, he declared that the Romans would endeavour to affert their Right by their Arms. After this the Herald was obliged to return, and to make a true Report of his Embafly before the Senate, afTuring them of the Legality of the War, which they were now confulting to undertake; and was then again difpatched to perform the laft Part of the Ceremony, which was to throw a Spear into, or towards the Enemy's Country, in Token of Defiance, and, as a Summons to War, pronouncing at the fame Time a fet Form of Words to the like Purpofe. P 3 As ^20 ^^ Roman Part IL As to the making of Leagues, Polybuis acquaints us, That the Ratification of the Articles of an Agreement, between the Ro- mans and the Carthaginians, was performed in this Manner : "^Vho. Carthaginians fwore by the God of their Country : and the Ro- mans, after their ancient Cuftom, fwore by a Stone, and then by Mars. They fwore by a Stone thus ; The Herald who took the Oath, having fworn in Behalf of the Publick, takes up a Stone, and then pronounces thefe Words : If I keep my Faith, may the Gods vouchfafe their AJfiflance, and give me Succefs , if, on the contrary, I violate it, then may the other Party be entirely jafe and preserved in their Country, in their Laws, in their Pojfejftons, and, in a Word, in all their Rights and Liber- ties ; and may Iperijh and fall alone, as now this Stone does ; And then he lets the Stone fall out of his Hands [a). Livy's Account of the like Ceremony is fomething more par- ticular; yet differs little in Subftance, only that he fays the Herald's concluding Claufe was, Otherwife may ]ovt Jirike fhe 'Roman People, as I do this Hog; and accordingly he killed a Hog that Itood ready by, with the Stone which he held in his Hand. This laft Opinion is confirmed by the Authority of Virgil, when, fpeaking of the Romans and /^IbanianSy he fays, viii, 641 ; . Et cafa jungebant feeder a Porca. And perhaps both thefe Cuftonis might be in Ufe in difFerent Times. {a) Pdyb. lib. 3. CHAR Book IV. Art of War, 231 CHAP. XVIII. '^he Roman Method of treating the People they con- quered, with the Confiitiition of the Colonise, Municipia, Praefedlur^, and Provinces. 'T~^HE civil Ufage and extraordinary Favours, with v.?h!ch "*■ the Romans obliged the poor conquered Nations, has been reafonably efleemed one of the prime Caufes of the Ex- tent of their Dominions, and the Eftablifliment of their Com- mand: Yet when they favf Occafion, they were not to feek in feverer Methods, fuch as the feizing on the greateft Part of the Enemy's Land, or removing the Natives to another Soil. If a State or People had been neceiTitated to furrender themfelves into the R.oman Power, they ufed fuh juguni ?nitti, to be made pafs under a Yoke, in Token of Subjection : For this Purpofe they fet up two Spears, and laying a third crofs them at the Top, ordered thofe who had furrendered their Perfons to go under them without Arms or Belts. Thofe who could not be brought to deliver themfelves up, but were taken by Force, as they fuf- fered feveral Penalties, fo very often fub corona venibajit, they were publickly fold for Slaves. Where by Corona fome under- ftand a Sort of Chaplets which they put about the Captives Heads for Diflinclion ; others would have it mean the Ring of the Ro7nan Soldiers, who ftood round the Captives while they were expofed to Sale. J. GclUus prefers the former Reafon [a). The feveral Forms of Government, which the Ro?nans efta- blifhed in their Conquefts, are very well worth our Knowledge, and are feldom rightly diftinguiflied ; we may take Notice of thefe four : Colonies^ Municipia, Prcefe£lures, and Provinces. Colonies (properly fpeaking) were States, or Communities, where the chief Part of the Inhabitants had been tranfplanted from Ro7ne : And though mingled with the Natives who had been left in the conquered Place, yet obtained the whole Power and Authority in the Adminiflration of Affairs. One great Ad- vantage of this Inftitution was, that by this Means the Veteran (a) Lit. 7 cap. 4, P 4 • Soldiers, '232 ^he Roman Part II. Soldiers, who had ferved out their legal Time, and had fpcnt their Vigour in the Honour and Defence of their Country, might be favoured with a very agreeable Reward, by forming them into a Colony, and fending them where they might be Maflers of large Pofleflions, and fo lead the Remainder of their Days in Eafe and Plenty. Municipia were commonly Corporations, or enfranchifed Places, where the Natives were allowed the Ufe of their old Laws and Conftitutions, and at the fame Time honoured with the Privilege of Roman Citizens. But then this Privilege, in fome of the Municipia., reached no farther than the bare Title, without the proper Rights of Citizens, fuch as voting in the Aflemblies, bearing Offices in the City, and the like. The former Honour gave them the Name of Cives Romania, the other only of Romani ; as P. Manutius with his ufual Exa£tnefs has diftinguifhed [a). Of this latter Sort, the firft Example were the Caritesy a People of Tufcany^ who preferving the facred Re- licks of the Romans, when the Gauls had taken the City, were afterwards dignified with the Name of Roman Citizens ; but not admitted into any Part of the Publick Adminiftration. Hence the Cenfors Tables, where they entered the Names of fuch Perfons as for fome Mifdemeanour were to lofe their Right of Suffrage, had the Name of derites Tabulae (b). The RrafeSlurcE were certain Towns in Italy, whofe Inhabi- tants had the Name of the Roman Citizens ; but were neither allowed to enjoy their own Laws nor Magiftrates, being go- verned by annual PrafeSis fent from Rome. Thefe were gene- rally fuch Places as were either fufpedtcd, or had fome Way or other incurred the Difpleafure of the Roman State ; this be- ing accounted the hardeft Condition that was impofed on any People of Italy {c). The Differences between the proper Citizens of Rome, and the Inhabitants of Municipia, Colonies, and PrafeSiune, may be thus in fhort fummed up. The firft and higheli Order were regiftered in the Cenfus, had the Right of Suffrage, and of bear- ing Honours, were affeffed in the Poll-Tax, ferved in the Le- gions, ufed the Roman Laws and Religion, and were called ^i- rites and Populus Romanus. The Municipes were allowed the four firft of thefe Marks, and were denied the four laft. The Coloni were in thefe three Refpecls like the true Citizens, (ij) De Ci-vitat, Rom. p, 29. (i) A Gill, lib, i6, cap. 13. [c) Calv. Lexicon yuridi:, in 'OOft, that Book IV. Art of War, 233 that they ufed the Roman Laws and Religion, and ferved in the Legions ; but they were debarred the other five Conditions. The People in the PrcsfeSfura had the hardeft Meafure of all; being obliged to fubmit to the Roman Laws, and yet enjoying no farther Privilege of Citizens (a). All other Cities and States in Italy^ which were neither Co- lonies^ Municipia, nor Prafe^urce^ jiad the Name of Fcederata Civitates, enjoying entirely their own Cuftoms, and Forms of Government, without the leaf!: Alteration, and only joined in Confederacy with the Romans^ upon fuch Terms as had been adjufted between them {b). The Provinces were foreign Countries of larger Extent, which, upon the entire reducing them under the Pieman Domi- nions, were new modelled according to the Pleafure of the Conquerors, and fubje6led to the Command of annual Gover- nors fent from Rome^ being commonly afligned fuch Taxes and Contributions as the Senate thought fit to demand. But becaufe the feveral Towns and Communities in every Country did not behave themfelves in the fame Manner toward the Romans^ fome profefling more Friendfhip, and a Defire of Union and Agreement ; while others were more obftinate and refraitory, and unwilling to part with their own Liberty upon any Terms ; therefore, to reward thofe People who deferved well at their Hands, they allowed fome Places the Ufe of their own Conftitutions in many Refpeits, and fometimes excufed the Inhabitants from paying Tribute ; whence they were termed Imrnunes-, in Oppofition to the Ve5iigales. The Tribute exadted from the Provinces, was of two Sorts, either certain or uncertain. The certain Tribute, or Stipen- dium^ was either a fet Sum of Money to be collected by the Provincial ^lajior, which they called Pecunia ordinaria ; or elfe a Subfidy railed on the Provincials for particular Occafi- ons, fuch as the Maintaining of fo many Soldiers, the Rigging out and paying fuch a Number of Vefi'els, and the like, termed Pecunia extraordinaria. The uncertain Tribute confiftcd of what they called Portorium^ Scriptura^ and Dccutna. The Portorium was a Duty impofed upon all Goods and Wares imported and exported. The Scriptura was a Tax laid upon Paftures and Cattle. {a) P. Manut. de Civ, Rm, p. 30. (i) liij. The 234 ^^-^^ Roman Part II. The Decumu was the Quantity of Corn which the Farmers were obliged to pay to the Roman State, commonly the tenth Part of their Crop. But befide this, which they properly termed Sriimentum Decumanum^ and which was farmed by the Pubhcans, hence called Decumani, there was the Frumeiitum emptum, and Frumentum ajiimatum, both taken up in the Provinces. Tlie Frumentum ernptutn was of two Sorts, either dccumanum, or bn- feratum -, the former was another Tenth paid upon the Confi- deration of fuch a Sum as the Senate had determined to be the Price of it, who rated it fo much a Bufliel at their Pleafure. The Frumentum Imperatiun was a Quantity of Corn equally exafted of the Provincial Farmers after the two Tenths, at fuch a Price as the two Magiftrates pleafed to give. Frumentum aji'imatum^ was a Corn-Tax required of the chief Magiftrate of the Province for his private Ufe, and the Occafions of his Fa- mily. This was commonly compounded for in Money, and, on that Account, took its Name ah ajiimando^ from rating it at fuch a Sum of Money. Belides all thefe, Sigonlus mentions Frumentum hotiorarh/m, upon the Authority of Cicero, in his Oration againft P//^* ; But perhaps Cicero, in that Place, does not reftrain the Honorarium to Corn, but may mean, in general, the Prefent ufually made to Provincial Governors, foon after their Entrance on their Office. After Augujlui had made a Divifion of the Provinces be- tween himfelf and the People, the annual Taxes, paid by the Provinces under the Emperor, were called Stipendia ; and thofe that were gathered in the People's Provinces, Tributa [a). (a) Cahin. Lexicon Jurid. in Tributa. C H A P« Book IV. Ari of War, 235 CHAP. XIX. ihe Roman Way of taking Towns -, with the mofl remarkable Inventions and Engines made Ufe of in their Sieges. TjEfore we enquire into this Subject:, a very memorable Cuftom ^ prefents itfelf to our Notice, v*'hich was praftifed almoft as foon as the Roman Army invefted any Town ; and that was the evocntio Dcorum tutclariutn^ or inviting out the Guardian De- ities : The Reafon of which feems to have been, either becaufe they thought it impoffible to force any Place, while it enjoyed fuch powerful Defenders; or elfe, becaufe they accounted it a moft heinous A£l of Impiety, to a^ in Hoftility againft the Perfons of the Gods. This Cuftom is defcribed at large by Macrobius in his Saturnalia, lib. 3. cap. 9. The Romans were feldom defirous of attempting any Town by Way of Siege, becaufe they thought it would fcarce anfwer the Expence and Incommodity of the Method ; fo that this was generally their laft Hopes ; and in all their great Wars, there are very few Examples of any long Leaguers undertook by them. The Means, by which they pofTefTed themfelves of any important Places, were commonly either by Storm, or imme- diate Surrendery. If they took a Town by Storm, it was either by open Force, or by Stratagem. In the former, they made their Attacks without battering the Walls, and were only faid, aggredi urhem cum corona, to begirt a Town ; becaufe they drew their whole Army round the Walls, and fell on all the Quarters at once. If this Way was inefFedual, they battered down the Walls with their Rams and other Engines. Sometimes they mined and entered the Town under-ground ; Sometimes, that they might engage with the Enemy upon equal Terms, they built wooden Towers, or raifed Mounts to the Height of the Walls, from whence they might gall and moleft them within their Works. The Befieged were in moft Danger in the firft Cafe, upon a general Aftault ; for their Walls were to be made good in all Places at once; and it fell out many Times, that there were not Men enough to fupply and relieve all the Parts ; and if they had a fufficient Number of Men, yet all perhaps were not of equal Courage j and if any gave Ground, the whole 236 ^he Roman Part II. whole Town was in a great Hazard of being loft : So that the Romans oftentimes carried very confiderable Places at one Storm. But if they battered the Walls with Engines, they were under fome Diladvantage, their Quarters being of Neceflity to be ex- tended, fo that they muft be thinner and weaker in fome Places than in others, and unable to make a ftout Oppoiition againft any confiderable Sally. Befides, the Befieged were not at a Lofs for Ways of defeating their Stratagems: as, they eluded the Force of their Mines by countermining, or by difturbing them in their Works ; particularly putting Oil and Feathers, with other finking Stuff, into Barrels of Wood ; then fetting them on Fire, they tumbled them among the Romans^ that the Noifomnefs of the Stench might force them to quit their Sta- tions. Their Towers of Wood, their Rams and other Engines, they commonly fet on Fire and deftroyed ; and then for the Mounts which were raifed againft the Walls, they ufed, by digging underneath, to fteal away the Earth, and loofen the Foundations of the Mount till it fell to the Ground. Upon this Account the Romans (as was before obferved) much preferred the fudden and brifk Way of attacking a Place; and if they did not carry it in a little Time, they frequently raifed the Siege, and profecuted the War by other Means. As Sdpio^ in his African Expedition, having afTaulted IJiica without Suc- cefs, changed his Refolution, drew off his Men from the Place, and addreffed himfelf wholly to bring the Carthaginian Army to an Engagement. And therefore, though fometimes they conti- nued a tedious Siege, as at Ve'n^ C*rthage^ and Jeriifalem^ yet generally they were much more defirous of drawing the Enemy to a Battle j for by defeating an Army, they many Times got a whole Kingdom in a Day; whereas an obftinate Town has coft them feveral Years. See Machiavel'j Art of JVA R, Book 11. The Inventions and Engines, which the Romans made Ufe of in their Sieges, were very numerous, and the Knowledge of them is but of little Service at prefent; however we may take a fliort View of the moft confiderable of them, which moft frequently occur in Ccefar and other Hiftorians : Thefe are the Turres msbilis, the Tcjiudines^ the Mufculiis^ the Vinae^ and the Plutei, together with the Aries, the Balijia, the Catapuita, and the Scorpio. The Book IV. Art of War. 237 The Turres mollies, or moveable Turrets, were of two Sorts, the lefler and the greater: The lefTer Sort were about fixty Cu- bics high, and the fquare Sides feventeen Cubits broad j they had five or fix, and fometimes ten Stories or Divifions, every Divifion being made open. on all Sides, The greater Turret was 120 Cubits high, 23 Cubits iquare ; containing fometimes fifteen, fometimes twenty Divifions. They were of very great Ufe in making Approaches to the Walls, the Divifions being able to carry Soldiers with Engines, Ladders, Cafting-Bridges, and other Neccflaries. The Wheels, on which they went, were contrived to be within the Planks, to defend them from the Enemy, and the Men who were to drive them forward, ftood behind, when they were moft fecurej the Soldiers in the Infide were protecSled by raw Hides which were thrown over the Turret, in fuch Places as were moft expofed. The Tejludo was properly a Figure which the Soldiers caft themfelves into; fo that their Targets fhould clofe all together above their Heads, and defend them from the miffive Weapons of the Enemy ; as if we fuppofe the firft Rank to have flood upright on their Feet, and the Reft to have ftooped lower and lower by Degrees, 'till the laft Rank kneeled down upon their Knees ; fo that every Rank covering with their Target the Heads of all in the Rank before them, they reprefented a Tor- toife-fhell or a Sort of Pent-houfe. This was ufed as well in Field-Battles as In Sieges. But befides this, the Romans called in general all their covered defenfive Engines, Tejiudtnes : Among which, thofe, which moft properly obtained the Name, feem to have been almoft of an oval Pigure, compofed of Boards, and wattled up at the Sides with Wickers; ferving for the Conveyance of the Soldiers near the Walls, on feveral Occa- fions ; they run upon Wheels, and fo were diftinguifhed from the Vinece-, with which they are fometimes confounded. The Mufcitlus is conceived to have been much of the fame Nature as the Tejludlnes ; but it feems to have been of a fmaller Size, and compofed of ftronger Materials, being expofed a much longer Time to the Force of the Enemy ; for in thefe Mujculi the Pioneers were fent to the very Walls, where they were to continue, while with their Dolabrce, or Pick-Axes, and other Inftruments, they endeavoured to undermine the Foundations. Cafar has defcribed the Mujculus at large In his fecond Book of the Civil Wars. The Vinece were compofed of Wicker Hurdles laid for a Roof on the Top of Pofts, which the Soldiers, who Vt^ent under it 23S ^he Roman Part II. it for Shelter, bore up with their Hands. Some will have them to have been contrived with a double Roof; the firft and lower Roof of Planks, and the upper Roof of Hurdles, to break the Force of any Blow without dlfordering the Machine. The Plute'i confifted of the fame Materials as the former, but were of a much different Figure, being fhaped like an arched Sore of Waggon ; and having three Wheels, fo con- veniently placed, that the Machine would move either Way with equal Eafe. They were put much to the fame Ufe as the Mufculi. The Engines hitherto defcribed were primarily intended for the Defence of the Soldiers ; the Offenfive are yet behind. Of thefe the mofl: celebrated, and which only deferves a particular Defcription, was the Aries or Ram : This was of two Sorts, the one rude and plain, the other artificial and compound. The former feems to have been no more than a great Beam which the Soldiers bore on their Arms and Shoulders, and with one End of it by main Force affailed the Wall. The compound Ram is thus defcribed hy J oft phus : " The Ram (fays he) is a vaft long Beam, like the Maft of a Ship, ftrengthened at one End with a Head of Iron, fomething refembling that of a Ram, whence it took its Name. This is hung by the Midll with Ropes to another Beam, which lies crofs a Couple of Ports, and hanging thus equally balanced, it is by a great Number of Men violently thruft forv.'ard, and drawn backward, and fo fhakes the Wall with its Iron Head, nor is there any Tower or Wall fo thick or ftrong, that, after the firft Affault of the Ram, can afterwards refift its Force in the repeated Affaults(fl)." Plutarch informs us that Mark Anthony^ in the Parthian War, made Ufe of a Ram of fourfcore Feet long: And Vitruvius tells us. That they were fometimes io6, fometimes 120 Feet in Length ; and to this perhaps the Force and Strength of the Engine was in a great Meafure owing. The Ram was ma- raged at one Time by a whole Century or Order of Soldiers ; and they, being fpent, were feconded by another Century ; fo that it played continually without any Intermiflion, being ufu- ally covered with a Vinea^ to prote£l: it from the Attempts of the Enemy. (a) Flav. Jojcph, de Excidio Hierofolym. lib, 3, As Book IV. Art of War, 239 As for the other Engines, which ferved not for fuch great Ui'es, and are not fo celebrated in Authors, a mechanical De- fcription of them would be vexatious as well as needlefs : Only it may in fhort be obferved, that the Balijia was always em- ployed in throwing great Stones, the Catapulta in cafting the j.irger Sort of Darts and Spears, and the Scorpio in fending the lefler Darts and Arrows. CHAP. XX. 7he Naval Affairs of the Romans. 'T~*HE Romans, though their City was feated very conveniently -''■ for Maritime Affairs, not being above fifteen Miles diftant from the Tyrrhenian Sea ; and having the River Tyber running through it, capable of receiving the fmaller Veffels ; yet feem to have wholly negledled all naval Concerns for rnany Years after the Building oi Rotne. And fome are willing to affign this as one of the main Caufes which preferved that State fo long in its primitive Innocence and Integrity : free from all thofe Cor- ruptions which an Iiitercourfe with Foreigners might probably have brought into Fafhion. However Z);V«ji)';«5 uiTures us, that Ancus Martius built Ojlia at the Mouth of the Tyber for a Port, that the City might, by this Means be fupplied with the Com- modities of the neighbouring Nations [a). And it appears frotii the Reafons of the Turentine War agreed upon by all Hiftorians, that the Romans in that Age had a Fleet at Sea, Yet Polybius exprefsly jnaintains, that the firll: Time they ever adventured to Sea was in the lirll Punick War (/;) ; but he muft either mean this only of Ships of War, or elfe contradict himfelf : For in another Part of his Works, giving up a Tranfcript of fome Articles agreed on between the Romans and the Carthaginians in the ConfuHliip of M. Brutus and Horatius^ foon after the Expultion of the Royal Family ; one of the Articles is to this Effect, That the Romans, and the Allies of the Romans, Jhall not navigate beyond the Fair Promontory, unlejs con/trained hy IVeathery or an Enemy, &cc. And after this. in two other Treaties, which he has prelented us with, there are feveral Claufes to the fame () Lib. I. Purpofe 240 TZv Roman Part II. Purpofe (a). But howfoever thefe Matters are to be adjufted, we are aflured, that about the Year of the City 492 (b), the Romans obferving that the Coaft of Italy lay expofed to the De- predations of the Carthaginian Fleet, which often made De- Icents upon them, and confidering withal that the War was likely to laft, they determined to render themfelves Matters of a Naval Army. So wonderful was the Bravery and Refolution of that People in Enterprizes of the greateft Hazard and Moment; that having hitherto fcarce dreamed of Navigation, they fliould, at one Heat, refolve on fo adventurous an Expedition, and make the firft Proof of their Skill in a Naval Battle with the Carthaginians^ who had held the Dominion of the Sea uncon- tefted, derived down to them from their Anceftors. Nay, fo utterly ignorant were the Romans in the Art of Ship-Building, that it would have been almoft impofTible for them to have put their Defign in EfFeft, had not Fortune, who always efpoufed their Caufe, by a mere Accident inftruiled them in the Me- thod. For a Carthaginian Galley, which was out a cruifing, venturing too near the Shore, chanced to be ftranded, and be- fore they could get her off, the Romajis^ intercepting them, took her ; and by the Model of this Galley, they built their firfl Fleet. But their Way of inftrucling their Seamen in the Ufe of the Oar is no lefs remarkable, wherein they proceeded after this Manner: Theycaufed Banks to be contrived on the Shore in the fame Fafhion and Order as they were to be in their Gallies, and placing their Men with their Oars upon the Banks, there they exercifed them : An Officer for that Purpofe, being feated in the Midft, who, by Signs with his Hand, inftrudted them how at once and all together they were to dip their Oars, and how in like Manner to recover them out of the Water : And by this Means they became acquainted with the Manage- ment of the Oar. But in a little Time, finding their Veffels were not built with extraordinary Art, and confequently proved fomewhat unwieldy in working, it came into their Heads to remedy this DefecSt, by contriving fome new Invention, which might be of Ufe to them in Fight. And then it was that they devifed the famous Machine called \k\%J^orvus \ which was framed after the following Manner : They erected on the Prow of their VefTels a round Piece of Timber, of about a Foot and a half Diameter, and about twelve Feet long ; on {a) Puljb. lib. 3. (b) Cajaubtn. Chronolog. ad Polyb, the Book IV. Art of War, 241 the Top whereof, they had a Block or Pulley. Round this Piece of Timber, they laid a Stage or Platform of Boards, four Feet broad, and about eighteen Feet long, which was well framed, and failened with Iron. The Entrance was long-ways, and it moved about the aforefaid upright Piece of Timber, as on a Spindle, and could be hoilted up within fix Feet of the Top: About this a Sort of Parapet, Knee high, which was de- fended with upright Bars of Iron, fharpened at the End ; to- wards the Top whereof there was a Ring : Through this Ring, fattening a Rope, by the Help of the Pulley, they hoifted or lowered the Engine at Pleafure ; and fo with it attacked the Ene- my's VelTels, fometimes on their Bow, and fometimes on their Broad-fide, as Occafion beft ferved. When they had grappled the Enemy with thofe Iron Spikes, if they happened to fwing Broad-fide to Broad-fide, then they entered from all Parts; but in cafe they attacked them on the Bow, they entered two and two by the Help of this Machine, the foremoft defending the Fore-Part, and thofe that followed the Flanks, keeping the Bofs of their Bucklers level with the Top of the Parapet. To this Purpofe Po/yii/z/^ (according to the late moft excel- lent Verfion) gives us an Account of the firft warlike Prepara- tions which the Romans made by Sea. We may add, in fliort, the Order, which they obferved in drawing up their Fleet for Battle, taken from the fame Author : The twoConfuls were in the two Admiral Gallies in the Front of their two diftindl Squa- drons, each of themjuft a-head of their Divifions, and a-breaft of each other ; the firft Fleet being pofted on the Right, the fecond on the Left, making two long Files or Lines of Battle. And, whereas it was necelFary to give a due Space between each Galley, to ply their Oars, and keep clear one of another, and to have their Heads or Prows looking fomewhat outwards ; this Manner of drawing up did therefore naturally form an Angle, the Point whereof Vv'as at the two Admiral Gallies, which were near together ; and as their two Lines were pro- longed, fo the Diftance grew confequently wider and wider towards the Rear. But, becaufe the Naval, as well as the Land Army, confifted of four Legions, and accordingly the Ships made four Divifions, two of thefe are yet behind : Of which the third Fleet, or third Legion, was drawn uo fVont-ways in the Rear of the firft and fecond, and fo ftretching along from Point to Point compofed a l^rianglc, vv'hercof the third Line was the Bafe. Their Veflels of Burthen^ that carried their CL Horfcs 242 'The Roman Part II. Horfes and Baggage, were in the Rear of thefe ; and were, by the Help of fmall Boats provided for that Purpofe, towed or drawn after them. In the Rear of all, was the fourth Fleet, called the Triarlans, drawn up likewife in Rank or Frontways, parallel to the third : But thefe made a longer Line, by which Means the Extremities ftretched out, and ex- tended beyond the two Angles at the Bafe. The feveral Divi- fions of the Army, being thus difpofed, formed, as is faid, a Triangle ; the Area within was void, but the Bafe was thick and folid, and the whole Body quick, adive, and very difficult to be broken. If we defcend to a particular Defcription of the feveral Sorts of Ships, we meet commonly with three Kinds, Ships of War, Ships of Burthen, and Ships of Pafi'age : The firft for the moft Part rov/ed with Oars; the fecond Iteered with Sails; and the laft often towed with Ropes. Ships of Paflage were either for the Tranfportation of Men, fuch as d'urXjTaraj'yoi or rfalicoTi^t; j or of Horfes, as the Hippagines. The Ships of Burthen, which the Roman Authors call Naves onerari^^ and the Grecian (poplinoit and 'o>^Ha.hi;, (whence the Name of Hulks may properly be de- rived) ferved for the Conveyance of Victuals and other Provi- fions, and fometimes too for the carrying over Soldiers, as we find in Cafar. Of the Ships of War, the moft confiderable were the Naves longa-, or Gallies, fo named from their Form, which was the moit convenient to wield round, or to cut their Way ; whereas the Ships of Burthen were generally built rounder and more hollow, that they m.i2;ht be the more eafy to load, and might hold the more Goods. The moft remarkable of the Naves longis were the Trire/ziis, the ^{adriremisy and the ^iilnqueremls. T^iy)^r];^ ^{l^-n^n;, and HEvlyi^wj ; exceeding or\Q another bv one Bank of Oars ; Vv'hich Banks were raifed flope- imjly one above another; and confequently thofe which had mcA Bank? were built higheft, and rowed with the greateft Strength. Some indeed fancy a different Original of thefe Names, as that in the Triremis^ for Example, either there were three Banks one after the other on a Level, or three Rowers fat upon one Bank ; or elfe three Men tugged all together at one Oar : But this is contrary, not only to the Authority of the Claflicks, but to the Figures of the Triremes ftill appearing in ancient Monuments. Befides thefe, there were two other Rates, one higher and the other lower. The higher Rates we meet with are the Hexeres, the Hepieres, the Ocleres^ and fo on the '5rEy7£«ai5'£;wfn> j nay, Pilybius relates, that P/;;7;/) of Macedon^ Father Sook iV. Art of Wttn 243 Father to Perjeus^\izi an \HKaihm^Y\(;{a) ; which Livy tranflates, navis quam jeicclcchn verfus remorufn agebdnt (h), a Ship with Sixteen Banks ; Yet this was much inferior to the Ship bUilt by Philopater^ which Plutarch tells us had forty Banks [c). The lower Rates were the Biremis and the Moneres. The Btremts in Greek Jjw^nj, or ^i>,^oloi, confided of two Banks of Oars : Of thefe, the fitteft for Service, by Reafon of their Lightnefs and Swiftnefs, were called Liburmcd^ from the Libtirm, a Peo- file in Dahnatia^ v^ho firft invented that Sort of Building; for, being Corfairs^ they rov/ed up and down in thefe light Veflels, and maintained themfelves by the Prizes they took {d). Yet in latter Times, all the fmaller and more expedite Ships, whe- ther they had more or Icfs than two Banks, were termed in general Liburna: or L'lbiirnlcd. Thus Horace and Propertius call the Ships which Augnjltis made Ufe of in the Sea-Engagement at ASlhim: And FIcrus informs us, that his Fleet was made up of Veflels from three to fix Banks [e). Suetonius mentions an extravagant Sort of Ltburnu^s invented by the Emperor Caligula, adorned with Jewels in the Poop, with Sails of many Colours, and fini(hed with large Portico's, Bagnio's, and Dining-rooms, befides the curious Rows of Vines and Fruit- Trees of all Sorts (f). The Moneres mentioned by Livy^ was a Gallery, having but one fingle Bank of Oars, of which we find five Sorts in Authors, the sliio^o^ogy or AHuari., the Tfiff^ioi^of oj, the Tsa-caoakovlo^o^^ the '^ilaaovlo^og, and the haTovlo^og of twenty, thirty, forty, fifty, and a hundred Oars. It may be obferved, that though thefe Under-Rates are fup- pofed to have been built in the Form of the Naves longa, yet they are not fo generally honoured with that Name; and fome-* times in Authors of Credit we find them dire6l]y oppofed to the Naves hngee^ and at other Times to the |W£i%i,w.oi, or War-Ships. But the Ships of V/ar occur under (everal other difFererife Denominations, as the Te£ies^ or Conjlrata^ or the Aperies, The Te£ia:^ or «ara(?pK7oi, were fo called, becaufe they had «aTarp/xa7:x, or Eiatches ; whereas the Aperia, or u(p^aKlo\ had none. The greater Ships, as the ^tadriretms and upwards. \a) Po'yb.'in rragment. (i) Lib. cj. (c) tn Demetrio. (d) Dacier oa Jtoraci, Epod. i. («) Lib. 4. caf>. 11. ff) hucton. in Calig. cap. 37. Q^ 2 fecm i44 ^^^ Roman Part 11. feem always to have had Hatches ; the 'Triremes and Biremes are fometimes defcribecJ otherwife ; s;nd all below thefe were Jperta. Cicero and othei" Authors fometimes ufe the W,ord Jphra£ium for a particular Sort of Ship ; and Polykius Karacp^anlog for a ^uinqueremis. Befides thefe we meet with the leaves rojiratis and Naves turrites : The firfl: were fuch as had Beaks or Rojira^ necefTary to all Ships which were to engage in a Battle. The others were fuch as had Turrets eredled on their Decks, from whence the Soldiers ufcd all Manner of Wea- pons and Engines, as if it had been on Land, and fo enraged with the greateft Fury imaginable ; as Virgil defcribes the Fight at Aiiium : Pelago credai imiare revulfas Cydadas^ aut montes concurrere montihus alios ; Tanta mole viri turritis puppibus injlant. /En. viii. 69 T. The Officers in the Navy vi^ere, Prafe^us Clajjis^ or Ad- tniral, and fometimes the Duumviri, when two were joined in Commiflion together with the Trierarchus, or Captain of a particular Ship, mod properly of the Triremis ; the Gu- bernator^ or Mafter ; the Celeujles^ or Boatfvvain, and others of inferior Note. Under the Emperors, as there were Legions eftabliflied in moft Part of the Roman Dominions, fo they had conftantly Fleets in thofe Seas, which lay conveniently for the Defence of neighbouring Countries. As Angujius kept one Navy at Mifenurn in the Mare Inferum, to protect and keep in Obe- dience France, Spain, Mauritania, /Egypt, Sardinia, and Sicily: Another at Ravenna in the Ma}-e Sup£?-um, to defend and bridle Epi^-us, Macedon, Achaia, Crete, Cyprus, together with all Afia. Nor were their Natives only maintained on the Seas, but (everal too on the principal Rivers, as the Germanica Clajfis on the Rhine, the Danubiana, the Euphratenjis, &c. to be met with in in Tacitus, and other Hiftorians. [See Sir Henry SavilV DiJJertaiion at the End of his TranJIa- tion 0/' Tacitus.] To this Subjedl of the Reman Shipping, we may add a very remarkable Cuftom of fuch as had efcaped a Wreck at Sea, which Book IV. Art of War. 245 which we find hinted at in almoft every Place of the Poets, and often alluded to by other Authors j on which a great modern Critick delivers himfelf to this Purpofe. It was a Cuftom for thofe who had been faved from a Ship- wreck, to have all the Circumftances of their Adventure repre- fentcd on a Tablet. Some Perfons made Ufe of their Tablet to move the Compaflion of thofe that they met, as they tra- velled up and down ; and by their Charity to repair their For- tunes, which had fuffered fo much at Sea. Thefe Juvenal defcribes, Sat. xiv. 301. -Merfa rate naufragus ajfern Dum rogat, & pi£ia fe te?npejiate iuetur. His Veflel funk, the Wretch at fome Lane's End A painted Storm for Farthings does extend, ^ And lives upon the Pidlure of his Lofs. For this Purpofe they hung the Tablet about their Necks, and kept finging a Sort of canting Verfes, exprefling the Man- ner of their Misfortunes; almoft like the modern Pilgrims, Pejfius, Sat. i. 88. -Cantet fi Naufragus^ ('JJeni Protuler'un ? Cantas cum fra5ta te in trabe piSlum Ex humero porta ? Say, fhould a fhipwreck'd Sailor fmg his Woe, Would I be mov'd to Pity ; or beftow An Alms ? Is this your Seafon for a Soao-, -I When your defpairing Phiz you bear along, i Daub'd on a Plank, and o'er your Shoulders hung ? J Others hung up fuch a Tablet in the Temple of the par- ticular Deity, to whom they had addrefTed themfelves in their Exigence, and whofe AfTiftance had, as they thought, efFefted their Safety. This they termed properly votiva Tabella. Juvenal has a Fling at i\\t Roman Superftition in this Point, when he in- forms us, that it was the Bufinefs of a Company of Painters to draw PJdures on thefe Accounts for the Temple of Ifts: 0.3 — ^«^« 246 ^he Roman, &c. P^rt II. ^ ' ■■^■tam votiva tejlantur fana iabella Flurima, pidlores quis r.ejclt ab Iflde pafci? xii. 27. Such as in Ifis* Dome may be furvey'd, On votive Tablets to the Life pouitiay'd, TV^here Painters are employ 'd and earn their Bread. I But the Cuftom went much farther ; for the Lawyers at the Bar ufed to have the Cafe of the Client exprefled in a Pi6lure, that by (bowing his hard Fortune, and the Cruelty and Injuftice of the adverfe Party, they might move the CompaiTion of the Judge. This ^intiliian declares himfelf ai^ainft in his fixth Book. Nor was this all ; for fuch Perfons as had efcaped in any Fit of Sicknefs, ufed to dedicate a Picture of the Deity whom they fancied to have relieved them. And this gives us a, Light into the Meaning of TibuIluSy Lib. i. £le;r. 3. Nunc Dea., nunc fuccurre jnihi ; na?n pojje mederi PiSia docet I'emplis ?nulta tabella tuis. Now Goddefs, now thy tortur'd Suppliant heal j For votive Paints atteft thy facred Skill. Thus fome Chriftians, in ancient Times («), upon a fignal Recovery of their Health, ufed to offer a Sort of Medal in Gold or Silver, on which their own Effigies were expreffed, in Ho- nour of the Saint whom they thought themfelves obliged to for their Deliverance. And this Cuftom ftill obtains in the Popifli Countries (b). () Dacier Ctn Horace, lib. j, I, Od. 5, PART Book V. [247] P A R T II. B O O K V. Mifcellaity Cnjlojns of the Romans. CHAP. I. Of the Private Sports and Games. Great Part of the Roman Pomp and Super- ftition was taken up in their Games and Shows, and therefore very many of their Cuftorr.s have a Dependence on thofe So- lemnities. But, in our Way, we fhould not pafs by the private Sports and Diver- fions: not that they are worth our Notice in themfelves, but becaufe many Palfages and Allufions in Authors would otherwife be very difficult to comprehend. The private Games, particularly worth our Remark, are the LatruncuU^ the Tali^ and TeJJera^ the Piles, the Par impar^ and the Trochus. The Game at Lat7'uncuU feems to have been much of the fame Nature as the modern Chefs ; the Original of it is gene- rally referred to Palamedes's Invention at the Siege of Troy : Though Seneca attributes it to Chilon^ one of the feven Gracian Sages ; and fome fancy that Pyrrhus King of Epirus contrived this Sport, to inftruit his Soldiers, after a diverting Manner, 0.4 '^ 248 The Private Sports Part II. in the Military Art. However, it is certain, it exprefles the Chance and Order of War fo very happily, that no Place can lay fo juft a Claim to the Invention as the Camp. Thus the ingenious Fida begins his Poem on this Subjedt : Ludwnis effMem bell't^ Jtmulataque verts Prt^lia, huxo ac'ies fi£las^ i^ lud'icra regna : Ut gemini inter fe regcs^ alhufque, nigerque^ Pro laude oppofiti^ certant bicoloribus armis. War's harmlefs Shape we fing, and Boxen Trains Of Youth, encount'ring on the Cedar Plains : How two tall Kings, by different Armour known, Traverfe the Field, and combat for Renown. The Chefs Men, which the Romans ufed, were generally of Wax or Glafs ; their common Name was Calculi^ or Latrun- culi : The Poets fometimes term them La'.rones^ whence La- irunculus was at firfl derived : For Latro among the Ancients fignified at firft a Servant (as the Word Knave in Engl'ijh) and afterwards a Soldier. Seneca has mentioned this Play oftener, perhaps, than any other Roman Author ; particularly in one Place, he has a very remarkable Story, in which he defigns to give us an Example of wonderful Refolution and Contempt of Death ; though fome will be more apt to interpret it as an Inftance of infenfible Stupidity. The Story is this : One Canius Julius (whom he extols very much on other Accounts) had been fentenced to Death by Caligula : The Centurions coming by with a Tribe of Malefactors, and ordering him to bear them Company to Exe- cution, happened to find him engaged at this Game. Canius, upon his firft Summons, prefently fell to counting his Men, and bidding his Antagonift be fure not to brag falfely of the Vidlory after his Death ; he only defired the Centurion to bear Witnefs, that he had one Man upon the Board more than his Companion ; and fo very readily joined himfelf to the poor Wretches that were going to fuffer [a). But the largefl and the moft accurate Account of the Latrun-^ culi^ given us by the Ancients, is to be met with in the Poem to Pijo; which fome will have to be Oz;z^s, others Lucans, and many the Work of an unknown Author. [a) Sensea di Tranquil, Animi, cap. 14, The Book V. and €f a m e s. 249 The Tall and TeJJerce^ by Reafon of fo many Paflagcs in Au- thors equally applicable to both, have oftentimes been con- founded with one another, and by fome diftinguifhed as a fe- parate Game from the Lujm akis^ or Dice : Whereas, properly fpeaking, the Greeks and Romans had two Sorts of Games at Dice, the Lucius talorwn^ or Play at Cock- all, and the Ludus iejferanim^ or what we call Dice. They played at the firft with four Tali^ and at the other with three TeJJera. The Tali had but four Sides, marked with four oppofite Numbers ; one Side with a Tres^ and the oppofite with a ^latre ; one with an Ace^ and the Contrary with a Sice. The Dice had ^\x Faces, four marked with the fame Number as the Tali^ and the two others with a Deux and a Cinque, always one againfl: the other ; fo that in both Plavs the upper Number and the lower, either on the Talus or Tefjercs^ conftantly made feven. There were very fevere Laws in Force againft thefe PJays^ forbidding the Ufe of them at all Seafons, only during the 5^- iurnalia : though they gamed ordinarily at other Times, not- withftanding the Prohibition. But there was one Ufe made of them at Feafts and Entertainments, which perhaps did not fall under the Extent of the Laws ; and that was to throw Dice, who fhould command in Chief, and have the Power of pre- fcribing Rules at a Drinking Bout j who in Horace is called jirbiter Bibendi. They threw both the Tali and the Tefjcrce out of a long Box, for which they had feveral Names, as Fritillumi Pyrgus^ Turri- cula, OrcUy &c. There are many odd Terms fcattered up and down in Au- thors, by which they fignified their fortunate and unfortunate Caft ; v/e may take Notice of the beft and the worft. The bed Caft with the Tali was, when there came up four different Numbers, as Tres^ ^atre. Sice, Ace : The beft with the Dice was three Sices; the common Term for both was Fenus or Ba- filicus ; the pooreft Caft in both having the Name of Cams. Perftus oppoies the Senio^ and the Canicula, as the beft and worft Chances : -^uid dexter fenio ferrety Scire erat in votis ; damnofa canicula quantum Raderety angujicc collo non fallicr Orces. Sat. iii. 48. But then my Study was to cog the Dice, And dextroufly to throw the lucky Sice j Td 250 7^^ Private Sports Part II. To fhun Amei-Ace that fwept my Stakes away, And watch the Box for fear they (hould convey Flalfe Bones, and put upon me in the Play. Mr. Dryden. ' The wifer and feverer Rofmns thought this fedentary Diverfion fit only for aged Men, who could not fo well employ themfelves in any fcirring Recreation. Let thetn (fays old Cato in Tully) have their Armour^ their Horfes^ and their Spears ; let them take their Club and their "Javelin ; let them have their Jwimming batches and their Races^ fo they do but leave usy among the nu- merous Sports^ the Tali and the TeiTerae. But the general Corrup- tion of Manners made the Cafe quite otherwife : Juvenal y\v . \, Si damnofa fenem juvat alea^ ludit ^ heres BullatuSy parvoque eadem movet arma fritillo. If Gaming does an aged Sire entice, Then my young Mafter fwiftly learns the Vice, And (hakes, in Hanging-fleeves, the little Box and Dice. Mr. Dryden. Nor was it probable, that this Game (hould be pra£lifed with any Moderation in the City, when the Emperors were com- monly profeffed Admirers of it. Augujius himfelf played unrea- fonably without any Regard to the Time of the Year (.c$ ivn^. To.iCi' KUi o'l axyEig Ati?§oi sip oi-j EZTB^xivi, ;ifoVij ^!.i?\U(rciv t{^:x>Jla,g' E»o:/A. k^. 1 17. To drive the Chariot, and with fteady Skill To turn, and yet not break the bending Wheel, Ampbytrio kindly did inftru(5t his Son : Great in that Artj for he himfelf had won Vaft precious Prizes on the Argive Plains : -^ And Hill the Chariot which he drove remains, f Ne'er hurt i'th' Courfe, tho' Time had broke the falling X Reins. -J [Mr. Creech. They who defire to be informed of the exa£l: Manner of thefe Races, which certainly were very noble and diverting, may polfi- bly receive as much Pleafure and SatisfaiStion from the Defcrip- tion which Virgil has left us of them in Short, as they could expedl from the Sight icfelf. Georg, iii. 103. Nonng Book V. Of the Roman s. 2^9 Nonne vtdes ? cum praciptti certamme campum Corripuere, ruuntque effuji car cere currus ; Cum /pes o.rreSics juvenum^ exultantiaque haurit Corda pavor pulfa?is : illi tnjlani verhere tortOj Et proni dant lor a : volat vi fervidus axis. Jamque humiles^ jamque elad juhlitne videntur Aera per vacuum ferric atque affiirgere in aia'as. Nee mora nee requies : at fulvce nlmhus arencs TolUtur \ humefcmit fpumis Jiatiiqiie fequentum : ^ Tantus ajnor laudum^ tantce eji viP.oria cures. ^ Haft thou beheld, v^hen from the Goal they ftart. The youthful Charioteers with beating Heart Rufh to the Race; and panting fcarcely bear Th' Extremes of fev'rifli Hopes and chilling Fear; Stoop to the Reins, and lafh with all their Force j The flying Chariot kindles in the Courfe. And now a-low, and now a-loft they fly. As borne thro' Air, and feem to touch the Sky : No Stop, no Stay; but Clouds of Sand arife, Spurn'd and caft backward on the Follower's Eyes ; The hindmoft blows the Foam upon the firft : Such is the Love of Praife, and honourable Thirft. \}Ax. Dryden.. The Troja^ or Ludus Trojis^ is generally referred to the In- vention of Ajcanius. It was celebrated by Companies of Boys neatly drefTed, and furniflied with little Arms and Weapons, who muftered in the publick Circus. They were taken, for the mod Part, out of the nobleft Families; and the Captain of them had the honourable Title o^ Princeps "Juventutls ; being fometimes next Heir to the Empire ; and feldom lefs than the Son of a principal Senator. This Cuftom is fo very remark- able, that it would be an unpardonable Omiffion, not to give the whole Account of it in Virgil's own Words ; efpecially, be- caufe the Poet, ufmg all his Art and Beauties on this Subje£l, as a Compliment to Augujhis (a great Admirer of the Spoxtj has left us a moft inimitable Defcripi;ion. B. 2 iEneid 5. 26o 'The Circenfian Sbcivs Part II. iEneid 5. Ver. ^j^.^. At pater Mmas, noJidu.ni certamoie mijjb^ Cujlodem ad fefe comiternque irnpubis lull Epyt'idem voiat, iff pdam fx fatur ad aurem : Fade age^ & Jfcanio^ ft jam puerile paratum Agmen hahei fecurny curjvjqne inJJ>uxit equorum. Ducat avo tu> was^ ^ feje ojlendat in armis. Die, ait. Ipfe cmmm longo dccedere circo Jnfufum pcpulumy tff canipos jubet effe patentes. Incidf.nt pwri^ patiterque aiite ora parentum Frcenatis lucent in equis : que: cnniis eimtes Trinacria ndrata frcmit Trojaquc juventus. Omnibus in moron tonfa coma prfjja corona : Cornea bina ferunt prajixa hajlilia ferro ; Pars leves humero pharetras : It peSiore jummo Fhxilis obtorti per colluin circulus auri. Tres equitum niimero turma:^ ternique vagantur DuBores : Pueri his feni quemque fecuti. Agmine partita fulgent paribufquc Magijlris. Una acies juvenum^ ducit quam parvus ovaniem {Nomen avi refer ens) Priamus, tua clara. Polite^ Progenies, auSlura Italos j quern Tbracius albis Portat equus bicolor maculis : vejligia primi Alba pedis, frontemque ojlentans arduus alba?n. Alter Atys, genus unde Atti duxere Laiini : Parvus Atys, pucroquc puer dileSius lulo. Extremus^ formaque ante omucs pidcher lulus Sidonio eji inve£ius cquo ; queyn cariaida Dido EJJe ftii dederat monimentutn ef pignus amoris. Ccetera Tririacriis pubcs jcnioris Acejics Fertur equis. Excipiunt plaiiju pavidos, gaudentque tuenies Dardanida, veterumque agnojcunt ora parentum. Pojlquam omnem lati conpjjurn oculajque fucrum Lujlravere in equis : fignum clamor e paratis Epytides longe dedit, tnfonuitque Jlagello. Olli difcurrere pares, atque aginina Terni Diduttis folvere ckoris : rurfufque vocati Converter e vias, infe/?aque tela tulere. Inde alios inciint curfuij aliofque recurfus, Advcrfx Book V. cf tbe R o M A N s. 261 Advcrfis Jpat'm^ alternofque orbilms orbes Impedhmt^ pugnesque dent fimulachra Jub armis : Et nunc terga fug(S nudant^ nunc fplcula vcrtunt Infenji, fa5ia paritcr nunc pace ferutitur : Ui quonda?n Creta fertur lahynnthus in alta Pariet'ihus textuin ccefis iter^ ancipitemque Jldi/Ie viis hahu'ijje dolum^ qua fig^ia jcqusndi Falleret indeprenfus ^ irrtmeabUis error. Haud allter Teucrum nnti vejiigia curfu Impediunt, tocuntque fugas 6^ pralia ludo : Delphinum fimiles^ qui per maria humida nando Carpathium Libycumquc ftcant luduntque per undas. Hjnc morem^ has curfus^ atque hac certamina primus AJcanius^ longam /nuris cum cingeret Albam^ Kettulit, y prifcos docult cclcbrarc Latinos ; !^io puer ipje modo, fecum quo Trdia pubes, Albani docuere fuos : bine maxima porro Accepit Roma^ &" patriuni fcrvavit ijonorem : Trojaque nunc pueri, Trojauum 'dicitur agmcn. But Prince Mncas^ e're the Games were done, Now call'd the wife Infti uftor of his Son, The good Epytides, vvhofe faithful Hand In noble Arts the blooming Hero train'd : To whom the Royal Chief his Will declar'd. Go bid Afcanius, if he (lands prepar'd To march h's youthful Troops, begin the Courfe, And let his Grandfire's Shade commend his growing Force, Thus he; and order'd ftrai^ht the fwarmins Tide To clear the Circus ; when from every Side Crowds bear back Crowds, and leave an open Space, Where the new Pomp in all its Pride might pafs. The Boys move on, all glittering lovely bright. On well rein'd Steeds in their glad Parents Sight. Wond'ring, the Trojan and Sicilian Youth Crown with Applaufe their Virtue's early Growth, Their flowing Hair clofe flow'ry Chaplets grace, And two fair Spears their eager Fingers prefs. Part bear gay Quivers on their Shoulders hung. And Twi(is of bendina; Gold lie wrcath'd alonji: Their purple Veft ; which at the Neck begun. And down their Breads in fliining Circles run, R 3 Three 262 The Circenjian Shows Part II. Three lovely Troops three beauteous Captains led. And twice fix Boys each hopeful Chief obey 'd. The firft gav Troop young Priam marfhals on, "x Thy Seed, PoliteSy not to Fame unknown, C That with Jtalian Blood fiia!! join his own : j Whofe kinder Genius, rip'ning with his Years, His wretched Grandfire's Name to better Fortune bears. A Thracian Steed with Spots of fpreading White He rode, that paw'd, and crav'd the promis'd Fight. A lovely White his hither Fetlock ftains ; And White his hit>h erected Forehead fnines. And next with flately Pace young Atys mov'd. Young Atysy by the young JJcanius lov'd. From this great Line the noble Jttian Stem, In Lat'ium nurs'd, derive their ancient Name. The third with his Command Ajcaniui grac'd ; "^ Whofe Godlike Looks his Heavenly Race confefs'd j \ So beautiful, fo brave, he fhone above the reft. J His fprightly Steed from Sidofis Failure came, t The noble Gift of the fair Tyrian Dame, I And fruitlefs Pledge of her unhappy Flame, J The reft Sicilian Courfers all beftrode, Which old Acejles on his Guefts beftow'd. Them, hot with beating Hearts, the Trojan Crew Receive with Shouts, and with frefti Pleafure view j Difcovering in the Lines of every Face Som.e venerable Founder of their Race. And now the youthful Troop their Round had made. Panting with Joy, and all the Crowd furvey'd j When fage Epytides^ to give the Sign, Cr'ack'd his long Whip, and made the Courfe begin. At on-ce they ftart, and fpur with artful Speed, 'Till in the Troops the little Chiefs divide The clofe Battalion : Then at once they turn. Commanded back j while from their Fingers borne. Their hoftilc Darts a-loft upon the Wind Fly fhivcring: Then in circling Numbers join'd. The manag'd Courfers with due Meafures bound. And run the rapid Ring, and trace the mazy Round. Files facing Files, their bold Companions dare. And wheel, and charge, and urge the fportive War. Now Flight they feign, and naked Backs expofe ; Now with turn'd Spears drive headlong on tne Foes ; And nowj confederate grown, in peaceful Ranks they clofe Bock V. of the Romans. 263 As Crete's fam'd l^abyrinth to a thoufand Ways, And thoufand darken'd Walls theGucft conveys; Endlefs, inextricable Rounds amufe, ■ And no kind Track the doubtfid Paflage flievvs. So the glad Trojan Youth their windino; Courfe Sporting purfue : and charge the rival Force. As fprightly Dolphins in fome calmer Road ' Play round the filent Waves, and fbout along the Flood. Jtfcanius^ when (the rougher Storms o'erblown) With happier Fates he rais'd fair Jlba's Town ; This youthful Sport, this folemn Race renevv'd. And with new Rites made the plain Latins proud. From Alkan Sires, th' hereditary Game To matchlefs R.ome by long Succcffion came : And the fair Youth in this Diverfion train'd, Troy they ftill call, and the brave Trojan Band. Lazius in his Commentaries S Rcpnh. Romana fancies the Jufts and Tournaments, fo much in Fafnion about two or three hundred Years ago, to have owed their Original to this Ludus Troja^ and that Tournamcnta is but a Corruption of Trojamenta. And the learned and noble Du Frefne accquaints us that many are of the fame Opinion. Flowever, though the Word may perhaps be derived with more Probability from the FrenchTourner, to turn round with Agility ; yet the Exercifes have fo much Re- Jemblance, as to prove the one an Imitation of the other. The Pjn-hice^ or Sahaiio Pyrrhica, is commonly believed to be the lame with the Sport already defcribed. But, befides, that none of the Ancients have left any tolerable Grounds for fuch a Coiijecture, it w\\\ appear a different Game, if we look a little into its Original, and on the Manner of the Perform- ance. The Original is, by fome, referred to Minerva^ who led up a Dance in her Armour, after the Conqueft of the Tltavs : By other?;, to the Curctes^ or Corybantes^ Jupiter's Guard in his Cradle ; v/ho leaped up and dov/n, clafhing their Weapons, to keep old Saii'.rn from hearing the Cries of his infant Son. Pliny attributes the Invention to Pyrrhus, Son to Jchilles^ who infti- tuted fuch a Company of Dancers at the Funeral of his Fa- ther [a). However, that it was very ancient is plain from (7. In the Show of wild Beads exhibited by 'JuUui Citfar in his third Confulfl:iip, twenty Elephants were oppolcd to five hun- dred Footmen; and twenty more with ']"urrets on their Back.«;, fixty Men being allowed to defend each Turret, engaged with five hundred Foot, and as many Horfe (i?> Cisfars Gladiators : Gladiatores Pojhdatitiiy commonly Men of great Art and Experience, whom the People particularly dcfi- red the Emperor to produce : Gladiatores Catervarii, fuch as did not fight by Pairs, but in fmall Companies : Suetonius ufes Catervariii Pugiles in the fame Senfe [a). Gladiatores Ordinarily fuch as were prefented according to the common Manner, and at the ufual Time, and fouo;ht the ordinary Way ; on which Account they were diftinguifhed from the Catervarii, and the Pojlulatitii. As for the feveral Kinds already reckoned up, thev owed their Diftindion to their Country, their Arms, their Way of fighting, and fuch Ciicumftances, and may be thus, in fhort, defcribed : The Retiarins was drefled in a fliort Coat having a Fufcina or Trident in his Left-Hand, and a Net in his Right, with which he endeavoured to entangle his Adverfary, and then with his Trident might eafily diTpatch him ; on his Head he wore only ( A Fencer, and the Scandal of the Town. 3 Nor will he the MyrmiUo's Weapons bear, The mcdeji Helmet he difdains to wear. As Retiaritis he attacks his Foe : ' Firft waves his Trident ready for the Throw. Next calts his Net, but neither levelTd rightj ^ He flares about, expos'd to publick Sight, > Then places all his Safety in his Flight. 3 Room for the noble Gladiator ! fee His Coat and Hatband lliow his Quality. Thus when at iafl the brave Myrniillo knew ^Twas Gracchus v/as the Wretch he did purfuej S 2 Tc 276 The Gladiators. Part II. To conquer fuch a Coward griev'd him more, Than if he many glorious Wounds had bore. [Mr. Stepney. Here the Poet feems to make the MyrmUlo the fame as the Sicntor, and thus all the Comments explain him. Yet LipJJus will have the Myrmillcnes to be a diftin£t Order, who fought completely armed : and therefore he believes them to be the Crupellarii of Tacitus (a), fo called from fome old Gallick Word, exprelJing, that they could only creep along by Reafon of their heavy Atmour. The Throrians made a great Part of the choiceft Gladiators, that Nation havinti; the general Repute of Fierccnefs and Cruelty beyond the Relf of the World. The particular Weapon they ufcd was the Sica^ or Faulchion ; and the Defence confided in z Farina, or little round Shield, proper to their Country. The Original of the Samnite Gladiators is given us by Livy : The Cafnpanians, fays he, bearing a great Hatred to the Samnitcs, they armed a Part oF their Gladiators after the Fafliion of thiit Country, and called them Saimiites [b). What thefe Arms were, he tells qs in another Place j they wore a Shield broad at the l\)p to defend the Breafts and Shoulders, and growing more narrow towards the Bottom, that it might be moved with the greater Convenience ; they had a Sort of Belt coming over their Breafl-s, a G reave on their Left Foot, and a crelled Helmet on their Heads ; whence it is plain that Defcription of the Jmazo- 7uan Fencer, already given from Juvenal, is exprefsly meant of afl'uming the Armour and Duty of a Sa?nmte Gladiator: Balteus y mnnica & crtJliS, critrifqiie finJftri Dzmidhtm iegmen. The F'vnncs which adorned the Samnite''?, Helmet, denom.i- nated another Sort of Gladiators Pinnirapi, becaufe, being malched v/ith the Samnites, they ufed to catch at thofe Pinna, and bear them off in Triumph, as A4arks of their Vi6iory. Dr. Holiday takes the Pinnirapus to be the fame as the Re- tiarius [c) . Lipjius: fancies the Procuratores, mentioned by Cicero in his Oration for P. Scxtius, to have been a diftincSl Species, and that thev were generally matched with the Samnites ; though perhaps the Words of Cicero may be thought not to imply fo much. {,2) A'.nal, lib. 5. 'J>) Lib. 9. (t) Uluftration en Jirvc::al, Sat. 3. • The Book V. l^he Gladiators. 277 The Hoplomachi, whom we meet with in Ssncca (a) and Sucio- nius (b), may probably be the fame either with the Samnites or Myrm'illones^ called by the Greek Name 'o':^-Ko^!j:x:Ay becaufe they fought in Armour. "i^he EJJcdar'iu mentioned by the flime Authors (d), and by Tully (d), were fuch as on fome Occa/ions engaged one another out of Chariots *, though perhaps at * E£eda, other Times they fough on Foot like the reft. The Ejjedum was a Sort of Waggon, from which the Gauh and the Britons ufed to afTail the Romans in their Enga^jcments with them. Tht Judc4bat) liiCaiig, 3. (-) Scr:iC, Epift. 3-. Sue.'vi. Cal'g. 35. CaiJ.zi. {d) LiEpif.oUi. S 3 At 278 7he Gladiators. Part II. At the appointed Day for the Show, in the firft Place the Gladiators were brought out all together, and obliged to take a Circuit round the Arena in a very folemn and pompous Manner. After this they proceeded paria coyvfonere^ to match them by Pairs, in which Care was iifed to maV^e the Matches equal. Before the Combatants fell to it in earneft, they tried their Skill againft one another with more harmlefs Weapons, as the Rudes^ Spears without Heads, the blunted Swords, the Foils, and fuch- ]ike. This Cicero admirably obfervcs : Si in illo ipfo gladiator io vita ccrtamine, quo fnro decernitur^ tamen ante congrejjiim multa jiunt^ qua ncn ad vulnus^ Jed ad/pecian vahre videantur \ quaJiio magis hoc in Oratione expeiiandum eji? If in the mortal Combats of the Gladiators, where the Victory is decided by Arms^ before they aSlually engage^ there are feveral Fiourijhes given.) more for a Show ef Art than a Defign of hurting ; how much more proper would this look in the Contention of an Orator f This Flour ifhing before the Fight was called in common Pralujlo^ or, in Refpedl to the Swords only, Ventilatio. This Exercife was continued, 'til! the Trumpets founding gave them Notice to enter on more defpe- rate Encounters, and then they were faid vcrtere Anna : » Ita rern natani ejfe intelUgo^ NeceJJum eJi verfis arniis depugnarier. Plaut. The Terms of ftriking were Petere and Repetere : of avoiding a Blow, exire. Virg. ^n. v. 438. Corpore tela modo^ atque oculis vigilantlbus exit. When any Perfon received a remarkable Wound, either his Adverfary or the People ufed to cry out, habet^ or hoc hahet. This Virgil alludes to, Mneid xii. 294. 1 Teloque arantem multa trabali Defuper alt us equo graviter ferit., atque ita fatur : Hoc habet : hac magnis melior data viifima divis, = Him, as much he pray'd. With his huge Spear AieJJapus deeply ftruck From his high Courfer's Back, and chacing fpoke. He has it ; and to this aufpicious Blow A nobler Victim the great Gods (hall ov»e. The Book V. THoe Gladiators. 279 The Party who v.'as worfted fubmitted his Arms, and ac- knowledged himfelf conquered ; yet this would not fave his Life, unlefs the People pleafed, and therefore he made his Application to them for Pity. The two Signs of Favour and Diflike given by the People were, premcre PoU'uem^ and vertere Polllmn, Phrales which the Criticks have quarrelled much about to little Purpofe. But M. Dacier feems to have been more happy in his Explanation than his i'redeceilbrs. The former he takes to be a clenching of the Fingers of both Hands between one another, and fo holding the tv/o Thumbs upright clofe together. This was done to exprefs their Admiration of the Art and Cou- rage fliowed bv both Combatants, and a Sign to the Conqueror to fpare the Life of his Antagonift, as having performed his Part remarkably well. Hence Horace^ to Tignify the extraordinary Commendation that a Man could give to one of his own Tem- per and Difpofition, fays, Ep. xviii. 66 : Faiitor utroqite titum laudabit poUice liidum. And Meander has ^socliiXisg -zcie^EiV, to prefs the Fingers, a Cuftom on the Gracian Stage, defigned for a Mark of Approba- tion, anfwerable to our Clapping. But the contrary Motion, or bending back of the Thumbs, fignified the DilTatisfadion of the Spedators, and authorized the Victor to kill the other Combatant outright for a Cow- ard : Verfo poUice vulg'i ^uemlibet occidunt populariter. Juv. Sat. 3. 36. Where influenc'd by the Rabble's bloody Will, With Thumbs bent back, they popularly kill. Befides this Privilege of the People, the Emperors feem to have had the Liberty of faving whom they thought fit, when they were prefent at the Solemnity, and, perhaps, upon the bare Coming in of the Emperor into the Place of Combat, the Gla- diators, who in that Inllant had the worft of it, were delivered from farther Danger : Ct^farls adventu tuta Gladiator arena Exit, i^ auxilium non Icve vultus habct. Martial. S 4 Where gSo T'^^ Gladiators- Part II, Where Cafar comes, the worfted Fencer lives, And His bare Prefence (like the Gods) reprieves. After the Engagement there were feveral Marks of Favour conferred on the Viftors, as many Times a Prefent of Money, perhaps gathered up among the Spectators, which Juvenal al- ludes to, Sat. 7 : Mcipe viSiori populus quodpojiulat aurum. Take the Gains A conqu'ring Fencer from the Crowd obtains. But the moft common Rewards were the Pilcus and the Rud'is : The former was given only to fuch Gladiators as were Slaves, for a Token of their obtaining Freedom. The Rudis feems to have been beftowed both on Slaves and Freemen, but with this Difference, that it procured for the former no more than a Difcharge from any further Performance in Publick, upon which they commonly turned Lmi/Ia:, fpending their Time in training Vp young Fencers. Ovid calls it, tuta Rudis : Tutaque depofito pofcitur enfe rudis. But the Rudis, when given to fuch Perfons as, being free, had hired themfelves out for thefe Shows, reftored them to a full Enjoyment of their Liberty. Both thefe Sorts of Rudiarii^ being excufed from further Service, had a Cuflom to hang up their Arms in the Temple of Hercules, the Patron of their Pro- feffion, and were never called out again without their Confent. Horace has given us a full Account of this Cuftom, in his firil: Epiftle to Macenas : Pritna dlSIe mihi, fumma dicende camena, Spcilatum fat is i^ donatum jam rude, qucsi'is, Jvlcccenas, iterum antiquo me includero ludo. Koij eadem eji at as, non mens. Vejanius, armis HercuUs ad pojiem fixis, latet ahditus agro : Ne populum. cxtrema toties exoret arefia. Mipcenass Book V. T'he Gladiators. 281 Ma:cenas, you whofe Name and Title grac'd My early Labours, and fhall crown fny laft : Now, when I've long engag'd with wifli'd Succefs, And /uil oi Fame, obtain'd my Writ of Eaie •, While fprishtly Fancy fits with heavy Age, Again you'd bring me on the doubtful Stage. Yet, wife Fejanius, hanging up his Arms To Hercules i yon' little Cottage farms : Left he be forc'd, if giddy Fortune turns. To cringe to the vile Rable, whom he fcorns. The learned Dacier, in his Obfervation on this Place, ac- quaints us, That it was a Cuftom for all Perfons, when thev laid down any Art or Employment, to confecrate the proper Inftruments of their Calling, to the particular Deity, who was acknowledged for the Prefident of that Profeffion. And there- fore the Gladiators^ when thus difcharged, hung up their Arms to Hercules^ who had a Chapel by every Amphitheatre ; and where there were no Amphitheatres, in Circo : And over every Place afligned to fuch manly Performances, there flood a Her- (ules with his Club. Whe may take cur Leave of the Gladiators with this excellent Paflage of Cicero^ which may ferve in fome Meafure as an Apo- logy for the Cuftom : Crudele Gladiatoru?n fpeSiacuhim & inhu- -manu7n nonnulUs videri folet : is" baud fcio an non itafit, ut nunc jit : turn vcro fontes ferro depugnabanty auri'ous fortajfe multts^ oculis quidem nulla poterat cjje fcrtior cojttra doloran is' mortem difciplina (a). The Shoivs o/' Gladiators 7nay pojfibly to fome Per- fons feem barbarous and iiihuman : And indeed^ as the Cafe now Jiands^ I cannot fay that the Cenfure is unjiiji : But in thofe Times y when only guilty Perfons compojed the Number of Combatants'^ the Ear perhaps might receive many better InJiruSlions ; but it is i?n- poffible that arty Thing, which affeSis cur Eyes, Jliculd fortify us %vith more Succefs againjl the Jjfaults of Grief and Death. {a) rujcul. S^iaft. 2. CHAP. 28a ^he Satires of Part II. CHAP. V. Of the LUDI SCENICI, or Stage-Plays: frjl of the Satires and the Mlmlck-Pleces^ with ihe Rife and Advances of fuch Entertainments among /Z?^ Romans. ■ nrHE LVDl SCENICI, or Stage-Plays, have been com- "* monly divided into four Species, Satire, Mjmick, Tragedy, and Comedy. The elder Scal'iger will have Satire to have pro- ceeded from Tragedy, in the fame Manner as the Mi?nus from Comedy : But we are aflured this was in Ufe at Rome, long before the more perfect Drama's had gained a Place on the Stage. Nor has the fame excellent Critick been more happy in tracing the Original of this Sort of Poetry as far as Greece : For we cannot fnppofe it to bear anv Refemblance to the Chorus, or Dance of Satires, v/hich ufed to appear in the Theatres at Athens, as an Appendage to fome of their Tragedies, thence called Satyrique. This Kind of Greek Farce was taken up purely in the Chara6ters of Mirth and Wantonnefs, not admitting thofe farcaftical Refledtions, which were the very Effence of the Roman Satire. Therefore Cafauhon and Dacier, without calling an Eye towards Greece, make no Queftion but 'the Name is to be derived (xom Saiiira ti Roman^orA, fignifying/w//; The [«] being changed into an [ij ; after the fame A4anner as opfumus and maxumus were afterwatds fpelled optimus and maxi- nius. Satura, being an Adjeitive, muft be fuppofed to relate to the Subftantive Lanx, a Platter or Charger ; fuch as they filled yearly with all Sorts of Fruit, and offered to their Gods at their Feftivals, as the Primitia, or firft Gatherings of the Sea- fon. Such an Expreffion might be well applied to this Kind of Poem, which was full of various Matter, and written on differ- ent Subjedls. Nor are there wanting other Inflances of the fame Way of fpeaking ; as particularly per SaUiram Sententias ex- qulrere, is ufed by Salluft, to fignify the Way of Voting in the Senate, when neither the Members were tdld, nor the Voices counted, but. all gave their Suffrages promifcuoufly, and without obferving any Order. And the Hiftorics Satura, or per Saturam, of Fejlus, were nothing elfe but Mifcellaneous Trads Book V. the Rom Aii s. 28;? Trads of Hiftofy. The Original of the Roman Satire will lead us into the Knowledge of the hift Reprefentations of Perfons, and the rude Eflays tov/ards Dramatick Poetry, in the ruftick Ages of Rome ; for which we are beholden to the accurate Re- fearch of Dacier^ and the Improvement of him by Mr. Dryden. During the Space of aimed four hundred Years from the Building of the City, the Romans had never known any Enter- tainments of the Stage. Chance and Jollity firft found out thofe Verfes which they called Saturniany becaufe they fuppofed fuch to have been in Ufe under Saturn, and Fefcenn'ine, from Fcfcenn'ia.^ a Town in Tufcany^ where they were firft pradifed. The A6lors, upon Occafion of Merriment, with a grofs and ruflic Kind of Raillery, reproached one another ex tempore with their Failings ; and at the fame Time were nothing fparing of it to the Audience, Somewhat of this Cuftom was afterwards retained in their Saturnalia^ or Feaft of Saturn, celebrated in December: At leaft all Kind of Freedom of Speech was then allowed to Slaves, even againft their Mafters : And we are not without fome Imitation of it in our Chrijhnrs-Gamboh. We cannot have a better Notion of this rude and unpoliftied Kind of Farce, than by imagining a Company of Clov/ns on a Holiday dancing lubberly, and upbraiding one another in ex tempore Doggrel, with their Defeds and Vices, and the Stories that were told of them in Bake-Houfes and Barbers-Shops. This rough-caft unhewn Poetry was inftead of Stage-Plays, for the Space of a hundred and twenty Years together : But then, when they began to be fomewhat better bred snd en- tered, as one may fay, into the firft Rudiments of civil Con- verfation, they left thefe Hedge Notes for another Sort of Poem, a little more poliflied, which was alfo full of pleafant Raillery, but without any Mixture of Obfcenity. This new Species of Poetry appeared under the Name of Satire, becaufe of its Va- riety, and was adorned with Compofitions of Mufick, and with Dances. Wnen Livius Jndrojiicus, about the Year o( Rome ^i^, had introduced the new Entertainments of Tragedy and Comedy, the People nep-le^^ed and abandoned their old Diverfion of Sa- tires : But, not long after they took them up again, and then they joined them to their Comedies, playing them at the End of the Drama ; as the French continue at this Day to ait their Farces in the Nature of a feparate Reprefentation from their Tragedies. A Year 284 ^he Satires of Part II. A Year after Andronkus had opened the Roman Stage with his new Dramas^ Eyinius was bornj v/ho, when he was grown to Man's Eftate, having ferioufly confidered the Genius of the People, and how eagerly they followed the firfl: Satires, thought it would be worth his while to refine upon the Project, and to write Satires, not to be acted on the Theatre, but read. The Event was anfwerable to his Expectation, and his Defign be- ing improved by Pacuvius^ adorned with a more graceful Turn by Lucilius.) and advanced to its full Height by Horace^ Juvenal, and Perfms^ grew into a diltinct Species of Poetry, and has ever met with a kind Reception in the World, To the fame Ori- ginal we owe the other Sort of Satire, called Varronian, from the learned Varro, who firft compofed it. This was written freely, without and Reftraint to Verfe or Profe, but confifted of an Intermixture of both ; of which Nature are the Satyrko7i of Petronius, Seneca s mock Deification of the Emperor ClandiuSy and Boethius's Confolations. As for the Mimus, from IsAiimI^^m to imkate, SccUger de- fines it to be, a Poem imitating any Sort of J^ ions, fo as to make them appear ridiculous (a). The Original of it he refers to the Comedies, in which, when the Chorus went off the Stage, they, were fjcceeded by a Sort of A6tor?, who diverted the Au- dience for fome Time, with apifh Poilures, and antick Dances. They were not mafked, but had their Faces fmeared over with Soot, and drelTed themfelves in Lambfkins, which are called Pefcia in the old Verfes of the Salii. They wore Garlands of Ivy, and carried Baflcets full of Herbs and Flowers to the Honour of Bacchus, as had been obferved in the firfi: Intlitution of the Cuflom at Athens. They acted al- ways barefoot, and were thence called Planipedes. Thefe Diverfions being received with univerfal Applaufe by the People, the Actors took AfTurance to model them into a diftin£t Entertainment from the other Plays, and prefent them by themfelves. And perhaps it was not 'till now, that they undertook to write feveral Pieces of Poetry with the Name of Mimi, reprefenting an imperfcdt Sort of Drama, not divided into Acts, and performed only bv a fingle Perfon. Thefe were a very frequent Entertainment of the Roman Stage, long after Tragedy and Comedv had been advanced to their full Height, and feemed to have always maintained a very great Efteem in the Town. (a) Be Re Poet. lib. i. cap. 10. The fiook V. the Romans. 28^ The two famous Mimicks, or Pantomimic as they called them, were Laberius and Puhlius, both cotemporary to jfu- Uhs Ccefar. Laberius was a Perfon of the Equeftrian Rank, and, at threefcore Years of Age, aiSled the Mimick Pieces of his own coinpofing, in the Games which Ccsjar prefented to the People ; for which he received a Reward of five hundred Sejiert'ia.^ and a gold Ring, and fo recovered the Honour which he had forfeited by performing on the Stage (^). Macrohius has given us Part of a Prologue of this Author, wherein he feems to complain of the Obligations which C(sfar laid on him to ap- pear in the Quality of an A£i;or, fo contrary to his own Inclination, and to the former Courfe of his Life. Some of them, which may ferve for a Tafte of his Wit and Style, are as follow : Fort una immodsrata in bono csque at que in malo,^ Si tibi erat libitum literarum laudibus Florii cocumcn yiojlrcc f am tz j ranger e^ Cur, cum vigebam membris prcsviridaritibiiSy Satisfacere popiilo & tali cum poteram viro, Non fiexib'ilem me concurvajii ut carper es ? 2^unc me quo dejicis ? ^id ad fcenam offer o ? Decorem formed^ an dignitatem corporis? Animi virtutem^ an vocis jucunda; Joniim? Ut hedera ferpens vires- arbor eas Jiecat ; Ita me vetiijlas ampkxii annorum enecat. Sepulchri fimiliSi nihil nif. no7nen rctineo. Horace indeed exprefsly taxes his Compofures with Want of Elegance [b) : But Scaliger (^) thinks the Cenfure to be very unjuft; and that the Verfes cited by Macrobius are much better than thofe of Horace, in v.-hich this Refle£iion is to be found. There goes a fliarp Repartee of the fame Laberius upon Tully, when, upon receiving the Golden Ring 'of dsfar^ he went to refume his Seat among the Knights ; they out of a Principle of Honour fecmed very unwilling to receive him ; Cicero particularly told him, as he pafied by, That indeed he would m.ake Room for him with all his Heart, but that he was fqueezed up already himfelf. No Wonder (fays Laberius) that you, who commonly make Ufe of two Scats at once, fancy yourfelf fqueezed up, when you fit like other People. (a) Sua. in Jul. cap. 39. Macrob. Saturn, lib, 2. cap. 7. [b) Lib. i. Sat. 10. (c) De Re Poet, lib, i. cap. 10. In 2:86 tragedy and Comedy, Part ll. In which he gave a very fevere Wipe on the Double-dealing of the Orator [a). Ptiblms was a Syrian by Birth, but received his Education at Rome in the Condition of a Slave. Having by feveral Speci- mens of Wit obtained his Freedom, he fet to write Mimick Pieces, and aded them with v.-onderful Applaufe about the Towns in Italy. At laft, being brought to Rome,, to bear a Part in Cafarh Plays, he challenged all the Dramatick Writers and A6lors, and won the Prize from every Man of them, one 'by one, even from Laherlus himfelff/'). A Cojledion of Sen- tences taken out of his Works is ftill extant. Jofcph ScaUgey gave them a very high Encomium, and thought it worth his While to turn them into Greek. [a) Macrob. Saturn, lib. 2t cap. 7. [b] Idem, lib, 2. cap. 7. CHAP. VI, Of the Roman Tragedy and Comedy. ^TpHE Roman Tragedy and Comedy were wholely borrowed '*■ from the Gracians., and therefore do not fo properly fall under the prefent Defign : Yet, in order to a right Underftand- ing of thefe Pieces, there is Scope enough for a very ufeful En- quiry, without roaming fo far as Athens^ unlefs upon a necef- iary Errand. The Parts of a Play, agreed on by ancient and modern Writers, are rhefe four: Firft, The Pro/^jf, or En- terance, which gives a Light only to the Characters of the Per- fons, and proceeds very little to any Part of the Adl^ion. Se- condly, The Epitajis^ or Working up of the Plot, where the Play grows warmer; the Defign or Adion of it is drawing on, and you .^ee fomethlng promifmg that will come to pafs. Thirdly, The Catajraf.s^ or, in a Roman Word, the Status, the Height and full Growth of the Play : This may properly be called the Counter-turn, which deflroys that Expectation, embroils the Action in new Difficulties, and leaves us far diftant from that Hope in which it found us, Laftly, the Catajirophe, or Avaic, the Difcovery or Unravelling of the Plot. Here we fee a!) Things fettled again on their firft Foundation, and, the Obftacles which hindered the Defign or A6iion of the Play at once removed, it ends with that Refemblance of Truth and Nature, Book V. the Roman s. . 287 Nature, that the Audience are fatisfied with the Condu6t of it [a). It is a Queftion whether the firft Roman Dramas were di- vided into Ads ; or at leaft it feems probable, that they were rot admitted into Comedy, 'till after it had loft its Chorus, and fo ftood in Need of fome more neceflary Divifions than could be made by the Mufick only. Yet the five Ails were fo eftablifned in the Time of Horace^ that he gives it for a Rule, Art. Poet. 189. Neve minor ^ neu fit quinto prodii^ior aSlu Fchulci, The Diftinilion of the Scenes feems to have been an In- vention of the Gr.imtri?.rians, and is not to be found in the old Copies of Piautus and Terence ; and therefore thefe are wholely left out in the excellent French and EngUjh Tranflations. The Drama''s prefented at Rome., were divided in general into Palliates and Togatcs^ Grecian and propeily Roman. In the former, the Plot being laid in Greece^ the Adlors were habited according to the Fafnion of that Country ; in the other, the Perfoi s were fupoofed to be Romans. But then the Comedies properly Roman v/ere of feveral Sorts : Pr^etex- tata^, when the Aclors were fuppofed to be Perfons of Qua- lity, fuch as the Liberty of wearing the Prcstexta^ or purple Gown : Tahernaries, when the TaberncSy low ordinary Build- incrs, were exprefied in (he Scenes, the Perfons being of the lower Rank. Suetonius {b) informs us. That C. Melijfus, in the T'nn^ oi Augiijius^ introduced a new Sort of Togatcs, which he called Traheat/t. iVionficur Dacier is of Opinion, that they were wholly taken up in Matters relating to the Camp, and that the Perfons reprefented were fome of the chief Officers [c] : For the Trahea was the proper Habit of the Conful, when he {^x. forward on any warlike Defign. There was a Species of Comedy different from both thefe, and more inclining to Farce, which they called Atellana^ from JtcUa, a Town of the Ojcians in Campania^ where it Wi^is firft invented. The chief Defign of it was Mirth and Jtfting, (tliough fometimes with a Mixture of Debauchery, and lafcivious Pollures) and therefore the A<3:ors were not reckoned among the Hiftrioncs^ or common Players, but kept the Benefit of their Tribe, and might be lifted for Sol- diers, a Privilege allowed only to Freemen. Sometimes per- (a) Mr. Dryden's Dramat. EJay. {l>) Dt Claris Grammat. 23. (c) Nn. on Hracci Art. Po:t, haps 288 The Tragedy and Comedy Part. 11* haps the Atellana were prefented between the A£ts of other Comedies, by Way of Exodium, or Interlude : As we meet with Exodimn Atellanlcum in Suetonius [a). Though all the Rules by which the Drama is pradifed at this Day, either fuch as relate to the Juftnefs and Symmetry of the Plot, or the EpKbdical Ornaments, fuch as Defcriptions, Nar- rations, and other Beauties not eflential to the Play, were de- livered to us by the Ancients, and the Judgements which we make of all Performances of this Kind, are guided by their Examples and Diredions ; yet there are feveral Things belong- ing to the old Dramatick Pieces, which we cannot at all un- derftand by the Modern, fince, not being effential to thefe Works, they have been long difufed. Of this Sort we may reckon up, as particularly worth our Obfervation, the Bulkin and the Sock, the Mafques, the Chorus, and the Flutes. The Cothurnus and the Soccus were fuch eminent Marks of DiflincSLion between the old Tragedy and Comedy, that they were brought not only to fignify thofe diPcinct Species of Dra- matick Poetry, but to exprefs the fublime and the humble Style in any other Compofition : As Alartia/ calls Firgil Cothurnatus^ though he never meddled with Tragedy : Grande Cothurnatl pone Maronis opus. This Cothurnus Is thought to have been a fquare high Sort of Boot, which made the Adtors appear above the ordinary Size of Mortals, fuch as they fuppofed the old Heroes to have gene- rally been ; and at the fame Time, giving them Leave to move but flowly, were well accommodated to the State and Gravity which Subjefts of that Nature required. Yet it is plain they were not in Ufe only on the Stage ; for Virgil brings in the Goddefs Venus in the Kabit of a Tyrian Maid, telling Mnea;, i. 340. Virginihus Tyriis mos eji gejiare pharetram^ Purpueroque alte furas vincire cothurno. From which it appears, that the Hunters fometimes wore Bufkins to fecure their Legs : But then we muft fuppofe them to be much lighter and better contrived than the other, for fear they fhould prove a Hindrance to the Swiftnefs and Agi- {a) Tikr. 45. lity Book V. of the- Romans. 289 lity required in that Sport. The Women in fome Parts oi Italy ftill wear a Sort of Shoes, or rather Stilts, fomewhat like thefe Bufkins, which they call C/^^/'/'/rt/ ; Lajjels informs us, that he had feen them zX Venice a full half Yard hitjh. The Soccus was a flight Kind of Covering for the Feet, whence the Fafhion and the Name of our Socks are derived. The Cfl- mediam wore thefe, to reprefent the Vility of the Perfon they reprefented, as debauched young Sparks, old crazy Mifers, Pimps, Parafites, Strumpets, and the reft of that Gang ; for the Sock being proper to the Women, as it was very light and thin, was always counted fcandalous when worn by Men. Thws Seneca [a) exclaims againft C^Z/g-K^z for fitting to judge upon Life and Death in a rich Pair of Socks, adorned with Gold and Silver. Another Reafon, why they were taken up by the A£lors of Comedy might be, becaufe they were the fitteft that could be imagined for Dancing. Thus Catullus invokes Hymen the Pa- tron of Weddings, lib. 9 : Hue veni nlveo gerem Luteum pcde fcccum, Excitufque hilari die^ Nuptialia concinem Voce carmiyia tinnula.^ Pelle humum pedibus ■ •■ • ■■■ " The Pcrfcna, or Malk, J. Gellius (b) derives (according to an old Author) from Perfono, to found thoroughly ; becaufe thefe Vizards being put over the Face, and left open at the Mouth, rendered the Voice much clearer and fuller, by con- tr?.<3:ing it into a lelTer Compafs. But Scaliger will not allow of this Conje(3:ure. However the Reafon of it (which is all that <:oncerns us at prefent) appears from ail the old Fig'ares of the Mafks, in which we find always a very large wide Hole de- figned for the Mouth. Madam Dacier, who met with the Drau2;hts of the comic Vizards in a very old Manufcript of Terence^ informs us, that they were not like ours, which cover only the Face, but that they came over the whole Head, and had always a Sort of Peruke of Hair faftened on them, proper to the Perfon whom they were to reprefent. The Original of the Malk is referred by Horace to Mf~ chylusj whereas before the Adlors had no ether Difguife, but (*) B-.ntJic, lib, 2. cap. la. ■' b) N.St, Lb. 5. cr.p, 7. T te 2 go 'The Tragedy and Comedy Part II. t© fmear over their Faces with odd Colours ; and yet this was well enough, when their Stage was no better than a Cart. Jgnotum Tragiae Genus invenijje Ccimeria Dicitur^ is" plaujlris vexiffe Pocmata Thefpis : ^UiS canerent ogerentque pcrtincii facibus ora, ■Poji hunc perfona palL'sqiic rcpertor hovejla Mfchylus^ iff modicts implcv'it pul/ita tignis ; £t docuit magtiMiique loqui., nitique Cothurno. Ars Poet. 275. When Thefpis firfl: expos'd the Tragic Mufe, Rude were the Adtors, and a Cart the Scene ; Where ghaftly Faces, ftain'd with Lees of Wine, Frighted the Children, and amus'd the Crowd. This Mfchylus (with Indignation) faw. And built a Stage, found out a decent Drefs, Brought Vizards in (a civiler Difguife) And taught Men how to ipeak, and how to a(^. [My Lord Rojcommon. The Chorus HedeVtn defines to be a Company of A6lors, re- prefenting the AiTembiy or Body of thofc Perfons, who either were prel'ent, or, probably, might be fo, upon that Place of Scene where the Eufinefs was fuppofcd to be tranfacted. This is exadlly obferved in the four (jr^a.'7n Dramatick Poets, Mfchy* lus^ Sophocles^ Euripides^ and Arijiophanes \ but the only Latin Tragedies which remain, thofe under the Name of Seneca, as they are faulty in many Refpcdls, fo particularly are they in the Chorufes ; for fometimes they hear all that is faid upon the Stage, fee all that is done, and fpeak very properly to all ; at ether Times one would think they were blind, deaf, or dumb. In many of thefe Dramas^ one can hardly tell whom they re- prefent, how they were drelled, what Reafon brings them on the Stage, or why they are of one Sex more than of another. Indeed the Verfes are fine, full of Thought, and over-loaded with Conceit, but may in moH: Places be very well fpared, without fpoiling any Thing either in the Senfe or the Reputation of the Poem. Befides, the Tf^ebais has no Chorus at all, which may give us Occafion to doubt of what Scaliger affirms fo po- fitively, that Tragedy was never without Chorufes. For it feems probable enough, that in the Time of the debauched and loofe Emperors, when Mimicks and BufToons came in for Interludes to Tragedy as well as Comedy, ths Chorus ceafed by Degreet t» Book V. of the Ko MANS. 291 to be a Part of the Dramatick Poem, and dwindled into a Troop of Muficians and Dancers, who marked the Intervals of the Ads. The Office of the Chorus is thus excellently delivered by Horace: De Art. Poet. 193. jft^oris partes Chorus officiumque virile Defendat : neu quid medio s inter cinat aSiuS^ ^uod non propoftto conducat ^ hareat apte^ llle bonis faventqiie l£ concilietur rmicis, Et regat iratos^ is" amet peccare time fifes ; I/Ie dopes laudet menfa brevis; ille falubrem Jujiitiam^ legefquc iJ apertis otia portis. Ille tegat commijja ; deofqiie precetur ^ oret, lit redeat miferis, abeat fortuna fuperbis. A Chorus fliould fupply what Aftion wants, And has a generous and manlv Part, Bridles wild Rage, loves rigid Honefty, And ftri6l Obfervance of impartial Laws, Sobriety, Security, and Peace, And begs the Gods to turn bright Fortune's V/heelj To raife the Wretched, and pull down the Proud j But nothing mud be fung between the Ails But what fome Way conduces to the Plot. [My Lord Rofcommon. This Account is chiefly to be underftood of the Chorus of Tragedies; yet the old Comedies, we are afuired, had their Chorufes too, as yet appears in Arijiophanes -., where, befides thofe compofed of the ordinary Sort of Perfons, we meet with one of Clouds, another of Frogs, and a third of Wafps, but all very conformable to the Nature of the Subjefl, and ex- tremely comical. It would be foreign to our prefent Purpofe to trace the Ori- ginal of the Chorus^ and to (how how it was regulated by Thef-' pis (generally honoured with the Title of the firfl: Tragedian ;) whereas before it wras nothing elfe but a Company of Mufjcians finging and dancing in Honour of Bacchus, It may be more proper to obferve how it came, after fome Time, to be left out in Comedy, as it is in that of the Romans. Horace's Rea- fon is, that the Malignity and fatyrical Humours of ihe Poets was the Caufe of it j tor they made the Qhorufes abufe People fo T 2 feverelv^ 292 ^h^ l*ragedy and Comedy Part. II. feverely, and with fo bare a Face, that the Magiftrates at laft forbad them to ufe any at all : De Art. Poet. 283. -Chorufque Tiirp'tter oLticuit, fublato jure nocendi. But, perhaps, if the Rules of Probabrlity had not likewife feconded this Prohibition, the Poets would have preferred their Chorus ftillj bating the fatyrical Edge of it. Therefore a far- ther Reafon may be offered for this Alteration. Comedy took its Model and Conftitution from Tragedy; and, when the downright Abufing of living Perfons was prohibited, they in- vented new Subje£ls, which they governed by the Rules of Tra- gedy ; but as they were neceilitated to paint the Actions of the Vulgar, and confequently confined to mean Events, they gene- rally chofe the Place of their Scene in fome Street, before the Houfes of thofe whom they fuppofed concerned in the Plot : Now it was not very likely that there fhould be fuch a Company in thofe Places, managing an Intrigue of inconfiderable Perfons from Morning till Night. Thus Comedy of itfelf let fall the Chorus, which it could not preferve with any Probability. The Tibies^ or Flutes, are as little underftood as any particu- lar Subje(St of Antiquity, and yet without the Knowledge of them we can make nothing of the Titles prefixed to Terence's Comedies. Horace gives us no further Light into this Matter, than by obferving the Difference between the fmall rural Pipe, and the larger and louder Flute, afterwards brought into Fafhion ; however his Account is not to be paflcd by: Ars Poet. 202. Tibia non ut nunc orichako vin^a, tuhaque Mmula ; fed tenuis fituplex que for amine pauco, Jdfpirare ^ adejfe choris erat utilis^ atque Nondum fpijja nirnis complare fedilia fiatu : ^uo fane pqpulus numerabiiis, utpote parvus^ Et frugi cajiufqiie vereciindufque coibat. Po/iquam ccepit agros extendere vi^or^ ^ urbem, Latior ampleSfi miirus, vinoque diurr.o Placari Genius fejiis impune diebus ; Jcceffit numerifqne n:odifque licentia maior. IndoSlus quid enim faperet, Uberque laborum Riifiicus urbano confufus, turpis honejio f Sic Book V. of the KoM AH s. 293 Sic prifces motutnque & luxurlam addidit arti Tibicen, traxitque vagus per pulpita vejiem, Firft the (hrill found of a final! rural Pipe (Not loud like Trumpets, nor adorn'd as now) Was Entertainment for the Infant Stage, And pieas'd the thin and bafhful Audience Of our well-meaning frugal Anceftors. But, when our Walls and Limits were enlarg'd. And Men (grown wanton by Profperity) Studied new Arts of Luxury and Eafe, The Verfe, the Aiufick, and the Scenes improv'd ; For how fhould Ignorance be Judge of Wit ? Or Men of Senfe applaud the Jelts of Fools ? Then came rich Clothes and graceful Aflion in. And Inftruments were taught more moving Notes. [My Lord Rof common. This Relation, though very excellent, cannot falve the main Difficulty ; and that is, to give the proper Difuin<£tion of the Flutes, according to the feveral Names under which we find them, as the Pares and Itnpares^ the Dcxtra and Sinijira, the Lydia^ the Sarranes^ and the Phrygi^. Mod of the Eminent Criticks have made fome EfTays towards the Clearing of this Subject, particularly Scaliger, JUhis Manutius, Salmafms^ and TanaquiUm Faher : from whole ColIe6tion5, and her own ad- mirable Judgement, Madam Dacler has lately given us a very rational Account of the Matter. The Performers of the Mu- fick (fays fhe) played always on two Flutes the whole Time of the Comedy ; that, which they flopped with their Right-hand, was on that Account called Right-handed ; and that which they ftopped with their Left, Left-handed : The firft had but a few Holes, and founded a deep Bafe ; the other had a great Number of Holes, and gave a fhriller and {harper Note. When the Muficians played on two Flutes of a difterent Sound, they u^ed to fay the Piece was played Tibiis impai-'tbus^ with unequal Flutes^ or Tibiis dextris & fmijiris^ with Right and Left-handed Flutes. When they played on two Flutes of the fame Sound, they ufed to fay the Mufick was performed Tibiis paribus dextris^ on equal Right-handed Flutes^ if they were of the deeper Sort ; or elfe Tibiis paribus fini/hisy on equal Left-handed Flute s^ if they v/ere thofe of the fhriller Note. T -i Tw# 294 ^^ Tragedy and Comedy Part II. Two equal Right-handed Flutes they called Lydlan^ two equal Left-handed ones Sarrana^ or TTyrlan j two unequal Flutes Phrygian, as Imitations of the Mufick of thofe Countries. The laft Sort Virgil exprefsly attributes to the Phrygians, Mneid. 9. 618 : O vere Phrygia, ncque enim Phryges ! ite per alt a Dindymaf ubi ajTueiii biforcm dui Tibia cantum. Where., by biforem cantum^ the Comrr.entator<; underftand an equal Sound, fuch as was made by two difterenc Pipes, one flat, and the other (liarp. The Title of Terence's Andria cannot be made out according to this Explanation, unlefs we luppofe (as there is very good Reafou) that the Mufick. fometimcs chanijed in the a£ting of a Plav, and at the proper Intervals two. Right-handed and two Left-handed Flutes might be ufed. Our late ingenious Tranflators of Terence are of a different Opinion from the French Ladv, when they render Tibiis pa- ribus dextris z£ fmifiris; two equal Flutes, the one Right handed, and the other Left-handed -^ whereas Mufick {hould ieem rather to have been performed all along on two equal Flutes, fome- times on tvi/o Right-handed, and fometimes on two Left- handed, Old Donatus would have us believe that the Right-handed or Lydian Flutes denoted the more ferious Matter and Language of the Comedy ; that the Left-handed, or Sarrancs, were pro- per to exprefs the Lightnefs of a more jocofe Style ; and that, when a Right-handed Flute was joined with a Left-handed, it gave us to underftand the Mixture of Gravity and Mirth in the fame Play. But fince the Title of the Heautontimorownenos^ or Self-tormentor^ informs us, that the Mufick was performed the firft Time of a£fing on unequal Flutes, and the fecond Time on Right-handed Flutes, we cannot agree with the old Scho- liafl, without fuppofing the fame Play at one Time to be partly ferious and partly merry, and at another Time to be vvholely of the graver Sort, which would be ridiculous to imagine ; therefore the ingenious Lady happily advanceth a very fair Opi- nion, that the Mufick was not guided by the Subjedt of the Play, but by the Occafion on which it was prefented. Thus in the Pieces which were acted at Funeral Solemnities, the Mufick was performed on two Right-handed Flutes, as the moft grave and melancholy. In thofe acted on any joyful Account, the Mufick Book V. o/* //^d- R o M A N S. tg^ Mufick confifted of two Left-handed Flutes, as the brifkefl: and moft airy. But in the great Feftivals of the Gods, which parti- cipated of an equal Share of Mirth and Religion, the Mufick in the Comedies was performed with unequal Flutes, the one Right- handed, and the other Left-handed ; or elfe by Turns, fome- times on two Right-handed Flutes, and fometimcs on two Left- handed, as may be judged of Terence's Andria. If any Thing farther deferves our Notice in Relation to the Roman Drama s^ it is the remarkable Difference between their A6lors and thoi'e of Greece ; for at Athens the A6iors were gene- rally Perfons of good Birth and Education, for the moft Part Orators or Poets of the firft Rank. Sometimes we find Kings themfelves performing on the Theatres ; and Cornelius Nepos aflures us, that to appear on the publick Stage was not in the leaft injurious to any Man's Character or Honour [a). But in Rome we meet with a quite contrary Pra^xice : for the Hijiriones (fo called from Hijier, fignifying a Player in the Lan- guage of the Tufcans^ from whom they were firft brought to Rome to appeafe the Gods in Time of a Plague) were the moft fcandalous Company imaginable, none of that Profeflion being allowed the Privilege to belong to any Tribe, or ranked any higher than the Slaves ; hov/ever, if any of them happened at the fame Time to be excellent Artifts, and Men of good Morals, they feldom failed of the Efteem and Refped of the chiefeft Per- fons in the Commonwealth. This is evident from the Account we have in Hiftory of the admirable i^^jyim, of whom Tm/.^, his familiar Friend, has left this lafting Commendation : Ciirn artifex ejuf modi fit, ut folus dignus videatur ejfe, qui in Scena Jpec- tetur ; turn, vir ejufmodi eji, ut folus dignus videatur qui eo non ac- cedai [b). So complete an Artift, that he feemed the only Perfon who deferved to tread the Stage; and yet at the fame Time fo excellent a Man in all other Refpeds, that he feemed the only Perfon who of all Men fhould not take up that Profeffion. {a) In Prafct, Fit, (i) Pro Quinil. T 4 CHAP. 296 n^e Sacred Games Part II. CHAP. VII. Of the Sacred^ Votive, and Funeral Games. . 'TP HE facred Games, being inftitutcd on feveral Occafions -*■ to the Honour of feverat Deities, are divided into many Species, all which very frequently occur in Authors, and may be thus in fhort delcriHed. The LUD I MEG A LENSES were inftituted to the Honour of the great Goddefs, or the Mother of the Gods, when her Statue was brought with fo much Pomp from PeJJinum to Rome; they confifted only of fcenical Sports, and were a folemn Time of Invitation to Entertainments among Friends. In the folemn Proceflion the Women danced before the Image of the Goddefs, and the Magiftrates appeared m all their Robes, whence came the Phrafe of Purpura Megalevfts : They lafted fix Days, from the Day before the Nones oi Jpril^ to the Ides. At firft they feem to have been called the Megalenfia^ from /ut-yaj g^^^^U and afterwards to have loft the n ; fince we find them more fre- quently under the Name of Megalefta. It is particularly remar- kable in the(e Games, that no Servant was allowed to bear a Part in the Celebration. The LUDICEREALES were defigned to the Honour of Ceres^ and borrowed from Eieujine in Greece. In thefe Games the Matrons reprefent^d the Grief of Ceres, after (he had loft her Daughter Proferpifte, and her Travels to find her again. They were held from the Day before the Ides of Jpri/, eight Days together in the Circus, where, befides the Comhats of Horfemen, and other Diverfions, was led up the Pompa Chcenfu, or Cerealis, confifting of a folemn Proceflion of the Ferfons ihat were to engage in the Exercifes, accompanied with the A4agi- flrates and Ladies of Quality, the Statues of the Gods, and of famous Men, being carried along in State on Waggons, which they called Thetifa. L UD I FLORA LES, facred to Flora, and celebrated (upon Advice of the Sihylline Oracles) every Spring to beg a Blefllng on the Grafs, Trees, and Flowers. Moft have been of Opinion that they owed their Original to a famous AA' hore, who, having gained a great Eftate by her Trade, left the Commonwealth Book V. of the 'KoM AH s. 297 Commonwealth her Heir, with this Condition, that every Year they fhould celebrate her Birth-day with publick Sports ; the Magiftratcs, to avoid fuch a publick Scandal, and at the fame Time to keep their Promife, held the Games on the Day ap- pointed, but pretended that it was done in the Honour of a new Goddefs, the Patronefs of Flowers. Whether this Con- jecture be true or not, we are certain that the main Part of the Solemnity was managed by a Company of lewd Strumpets, who ran up and down naked, fometimes dancing, fometimes fight- ing, or ading the Mimick. However it came to pafs, the •wifeft and graveft Ranaris were not for difcontinuing this Cuf- ~tom, though the mofl indecent imaginable: Y or Fortius Cato when he was prefent at thefe (jamcs, and faw the People afhamed to let the Women drip while he was there, immediately went out of the Theatre, to let the Ceremony have its Courfe {a). Learned Men are now agreed, that the vulgar Notion of Flora^ the Strumpet, is purely a Fi61Ion of Ladantius^ from whom it was taken. Flora appears to have been a Sahhre Godf defs ; and the Lucli Florales to have been inftituted J. U. C. 6i;j, with the Fines of many Perfons then convi6ied of the Crimen Peculatus, for appropriating to themfelves the publick Land of the State [b). LVD I MART I ALES, inftituted to the Honour of .Man.^ and held twice in the Year, on the 4th of the Ides of May, and again on the Kalends of Augujf, the Day on which his Temple was confecrated. They had no particular Cere- monies that we can meet with, befides the -ordinary Sports in the Circus and Amphitheatre. LUDl A P O L L I N A R E S, cekhrzted to the Honour of Apol'o. They owe their Original to an old prophetical Sort of a Poem cafually found, in which the Romans were advifed, that, if they defired to drive out the Troops of their Ene- mies which infefted their Borders, they fhould inftftute yearly Games to Apollo, and at the Time of their Celebration make a Collection out of the publick and private Stocks, for a Preient to the God, appointing ten Men to take Care they were held with the fame Ceremonies as in Greece [c). Mqcrohius relates, that, the firft Time thefe Games were kept, an Alarm being given by the Enemy, the People immediately marched out againft them, and, during the Fight, faw a Cloud of Arrows {a) Vahr. Maxim, lib. z, cap. 10. {h) Grsv. Prafat, ad 1 Tom. Tbefjur. A. R. (c) Liv. lib. XXV, difcharged 298 ^he Sacred Games Part IL difcharged from the Sky on the adverfe Troops, fo as to put them to a very diforderly Flight, and fecure the Vidory to the Romans (a). I'he People fat to fee the Circenfum Plays, all crowned with Laurel, the Gates were fet open, and the Day kept facred with all Manner of Ceremonies. Thefe Games at firft were not fixed, but kept every Year upon what Day the Prator thought fit, 'till, about the Year of the City 545, a Law pafied to fettle them for ever on a conftant Day, v/hich was near the Nones of J'-^ly : This Alteration was occafioned by a grie- vous Plague then raging in Rcme^ which they thought might, in fome Meafure, be allayed by that A<3: of Religion (b). LVD I CA PITOLINI, inftituted to the Honour of yupiter Capitolinus, upon the Account of preferving his Temple from the Gauls. A more famous Sort of Capiioime Games were brought up by Domitiajj^ to be held every five Years, with the Name o( Agones Capiiolini in Imitation of the Grecians. In thefe the Profeflbrs of all Sorts had a publick Contention, and the Vid^ors were crowned and preiented with Collars, and other Marks of Honour. LUD I ROMANS the moft ancient Games inftituted at the firft Building of the Circus by Tarquinius Prifcus. Hence in .a ftridt Senfe, Ludi Circenfes are often ufed to fignify the fame Solemnity. They were defigned to the Honour of the three great Deities, yuplter^ yuno^ and Minerva. It is worth obferv- ing, that though they were ufually called Circenfes., yet in Livy we meet with the Ludi Romani Scenici (r ), intimating that they were celebrated with new Sports. The old Fajli make them to be kept nine Days together, from the Day before the Nones, to the Day before the Ides o^ September : In which too we find another Sort oi Ludi Romani., celebrated five Days together, within two Days after thefe. P. Manutius thinks the firit to have been inftituted very late, not 'till after the Profecution of Verres by Cicero [d). LUDI CON SUA LBS, inftituted by Romulus, with Defign to furprize the Sabine Virgins; the Account of which is thus given us by Plutarch : " He gave out as if he had found '' an Altar of a certain God hid under Ground ; the God they ■" called Ccnfus, the God of Counfel : This is properly Neptune^ *' the Inventor of Horfe-riding j for the Altar is kept covered *' in the great Circus ; only at Horfe-races, then it appears to *' publick View; and fome fay, it was not without Realbn, (;2) Savurn. lib. I. cap. 17. {b) Liv, lib, 25, [c) Li-v, 3, (rf) Matiut. hiFeryin. " that Book V. e/* /i&^ R o M A N s. 2gg^ that this God had his Altar hid under Ground, becaufe all Counfels ought to be fecret and concealed. Upon Difcovcry of this Altar, Romulus, by Proclamation, appointed a Day for a fplendid Sacrifice, ^nd for publick Games and Shows to entertain all Sorts of People, and many flocked thither ; he himfelf fat uppermoft among his Nobles, clad in Purple, Now the Sign of their falling on was to be, whenever he arofe and gathered up his Robe, and threw it over his Body ; his A'len ftood all ready armed, with their Eyes intent upon him ; and when the Sign was given, drawing their Swords, and failing on with a great Shout, bore away the Daughters of the Sabines, they tbemfelves flying, without any Let or Kinderance." Thefe Games were celebrated yearly on the twelfth of the Kalends of September., confifting for the moft Part of Horfe-Races, and Encounters in the Circus. LUDI COMPITJLIl'Ih ) Urn Jul. 26. (f) Kirdman- de tarer. Rom, lib, ^ op. 8. V C H A ?. 3o6 ^he Bahk of Part II. CHAP. VIII. Of the Koisi AN Habit. 'T^ H E Roman Habit has given as much Trouble to the Cri- ■■' ticks, as any other Part of Antiquity; and though the moft learned Men have been fo kind as to leave us their Thoughts on this Subject, yet the Matter is not fully explained, and the Controverfies about it admit of no Decifion. Hovi'ever, without enquiring into the feveral Fafliions of the Romans, or defining the exaft Time when they firft changed their Leathern Jerkins, or primitive Hides of wild Beafts, for the more decent and grateful Attires, it will be fufficient to the prefent Defign, to obferve the feveral Sorts of Garments in Ufe with both Sexes, and to give the beft Diftinition of them that can be found out at this Diftance. The two common and celebrated Garments of the Romam were the Toga and the Tunica. The Toga, or Gown, feems to have been of a femi-circular Form, without Sleeves, different in Largcnefs, according to the Wealth or Poverty of the Wearer, and ufed only upon Occa- fion of appearing in Publick ; whence it is often called Fe/iis forenfis [a). The Colour of the Gown is generally believed to have been white. The common Objections againft this Opinion, are, how it could then be diftlnguiflied from the Toga Candida^ ufed by Competitors for Offices ? Or how it comes to pafs that we read particularly of their wearing white Gowns on Holidays and publick Feftivals, as in Horace : llle repotia, naiaks, aliofque du'riim Fejhs a I bat us ceUbret [b). if their ordinary Gown were of the fame Colour? But both thefe Scruples are eafily folved ; for between the Toga alba, and tandida, we may apprehend this Difference, that the former was the natural Colour of the Wool, and the other an artificial White, which appeared with a greater Advantage of Luftre ; («) Ftrrar. dt Re Fifi:\ir, lib. I, cap. 28. (i) Lib. 2. Sat. z. Co. and / TcU/uilits t2, Tairuutf J^cwr Trwfejrfu^J Va/luUtiS. zro.bvkyi, not of a bare White, but of a bright (hining Colour J for this Purpofe they made Ufe of a fine Kind of Chalk, whence Perfms took the Hint of Cretata Amhitlo (.v7t"ovlai> The Romans when they meet any Ferfon who deferves a particular RefpeH, if they chance to have their Gown on their Head^ prefently uncover. And the fame Author, reckoning up the Marks of Honour which Sylla fhovved Pompey, adds, xai t^j xspaT^yjg aTta- j'ovlos TO i/nariovt and pulling off his Goivn from his Head. The fevcral Sorts of the Roman Gowns were the Toga, Pra^ iexta, the Pulla, the Sordida, and the Picfa, Purpurea, PalmatOy 6cc. or the Trabea. (a) Ihid. {i) De Re Vtjliar. VCa. i. cap. 14. (c) Serziu: ai Virgil. JEn. f. r. 6 1 a. Every Book V. the Romans. 309 Every one knows that the Gown was the ditt/- latus circulus (b), and pullata turba {c). Hence it may reafonably be conjedured, that when the Roman State was turned into a Monarchy, the Gowns began to be laid afide by Men of the lower Rank, the Penula and Lacerna being introduced in their Room, and commonly worn without them, or fometimes over them ; this Irregularity had gained a great Head, even in Au^ gujius's Time, who, to redity it in fome Meafure, commanded the Mdiles that they fhould fufFer no Peribn in the Forum or Circus to wear the Lacerna over his Gown, as was then an ordi- nary Prailice. The fame excellent Prince, taking Notice at a publick Meeting of an innumerable Company of Rabble in thefe indecent Habits, cried out with Indignation, En ^om^nos rerum domino s getitemque togatam [d) ! The Toga pit^a, purpurea, palmata, the confular Trabea, the Paludamentum., and the Chlamys, had very little Difference (ex- cept that the laft but one is often given to military Officers in general, and fometimes pafTes for the common Soldier's Coat) Ce\ and are promifcuoufly ufed one for the other, being the Kobes of State proper to the Kings, Confuls, Emperors, and all Generals during their Triumph. This Sort of Gown was called Pi£ia, from the rich Embroidery, with Figures in Phry- gian Work ; and purpurea, becaufe the Ground-work was Purple. The Toga palmata indeed very feldom occurs, but may probably be fuppofed the fame with the former, called fo on the fame Account as the Tunica palmata, which will be defcribed hereafter. That it was a Part of the triumphal Habit Marital intimates, / comes, y magnos illafa merere triumphos, Palrnatisque ducem (fed cito) redde toga. vii. i. Antiquaries are very little agreed in Reference to the Tra- iea. Paulus Manutius was certainly out, when he fancied it to be the fame as the Toga piSia, and he is accordingly {a) Au?,uji. cap. 40. {h) Lib. 2. cap. t2. (c) Lib, 6. cap. 4, (ta roi^ ^iaTtoraK; o/xoiog, X'^f'^^ 7^? "^^i |S«Afy- Tixjjj w a»») roXr^ rcig ^e^aTraaiv sttikoivo^. The Slave in Habits goes like his Majhr, and^ excepting only the Senator s Robe, all other Garments are common to the Servants. And Pliny, when he fays that the Rings diflinguifhed the Equeftrian Order from the Common People, as their Tunic did the Senate from thofe that wore the Rings, would not probably have omitted the other Diftindiion, had it been real. Beildes both thefe Authorities, Lampridius, in the Life of Alexayider Severiis, confirms the pre- fent Affertion. He acquaints us, that the aforefaid Emperor had fome Thoughts of affigning a proper Habit to Servants dif- ferent from that of their Matters : But his great Lawyers, t//- pian and Paidus, diiTuaded him from the Projeit, as v/hat would infallibly give Occafion to much Quarrelling and Difienfion ; fo that, upon the whole, he was contented only to diftinguifli the Senators from the Knights by their Clavus. But all this Argument will come to nothing, unlefs we can clear the Point about the Ufe of the Purple among the Ro- mans, which the Civilians tell us was ftri6lly forbid the Common People under the Emperors. It may therefore be obferved, that all the Prohibitions of this Nature were reftrained to fome particular Species of Purple. Thus "Julius C^far forbad the Ufe of the Conchylian Garments, or the axa^yihg [b). And Nero afterwards prohibited the ordinary Ufe of the Amethyftine, or 7yr/<2« Purple (c). Thefe Conjedlures oi Rubenius need no better Confirmation than that they are repeated and approved by the moft judicious Gravius [d). According to this Opinion, it is an eafy Matter to reconcile the Conteft between Manutius and Lipjius^ and the inferior Criticks of both Parties, about the Colour of the Tunic, the former afTerting it to be Purple, and the other White : For {a) Decier on Horace, lib. z. Sat. 5. [b) Suetcn. yul. cap, 4^. (c) LLm J^ircnty cap. 32. (i) Suetofi. jful, 43. 0:ho, 10, Doir.itian. to, it Book V. the Rom Aus, 317 it is evident, it might be called either, if we fuppofe the Ground-Work to have been White, with the Addition of thefe Purple Lifts or Galoons. As to the Perfons who hnd the Honour of wearing the Laticlave^ it may be maintained, that the Sons of thofe Sena- tors^ who were Patricians^ had the Privilege of ufing this Veft in their Childhood, together with the Pratexta. But the Sons of thofe Senators^ who were not Patricians, did not put on the Laticlave, 'till they applied themfelves to the Service of the Commonwealth, and to bear Offices [a). YtiAuguftus changed this Cuftom, and gave the Sons of any Senators Leave to afllime the Laticlave prefently after the Time of their putting op the' Toga Virilis, though they were not yet capable of Honours (^). And by the particular Favour of the Emperors, the fame Privi- lege was allowed to the more fplendid Families of the Knights. Thus Ovid fpeaks of himfelf and Brother, who are known to have been of the Equejirian Order : hiterea, tacito pajfic, labentihus annis, Liberior fratri fumpta mihique toga ; Induiturque humeris cum lato purpura clavo, &c. (c). And Statius of Melius Ccler^ whom in another Place he terms Spkndidijfimus (^), (the proper Style of the Knights) : ■ Puer hie fudavit in armis Notus adhuc tantum majoris munere clavl (^e). Befides the Gown and Tunic, we hardly meet with any Gar- ments of the Roman Original, or that deferve the Labour of an Enquiry into their Difference. Yet, among thefe, the Lacerna and the Penula occur more frequently than any other. In the old Glofs upon Perftus, Sat. i. Ver. 68. they are both called Pallia ; which Identity of Names might probably arife from the near Refemblance they bore one to the other, and both to the Gracian Pallium. The Lacerna was firft ufed in the Camp, but afterwards admitted into the Citv, and worn upon their Gowns, to defend them from the Weather. The Penula was fometimes ufed with the fame Defign, but, being fhorter and fitter for Expedition, it was chiefly worn upon a Journey (f). {a) Pliny, lib. 8. Epift. 23. (^) Sueton, Aug. cap. 37. {c) Trifiiumy lib. iv. Heg. 10. {d) Prafat. ad 1. 3. Sylvarim, («) Syl'-j, 1. 3. carnt. 2. (f) Lipf^ EUSl. 1. I. c. 13, fef Dr. Hiliday on Juvenal, S*t. I. 'Ruheniui 3i« The Uahk of Part It Rubenius will have the Lacerna and the Penuh to be both a clofe-bodied Kind of Frocks, girt about in the Middle, the only Difference between them being, that the Pennies were always brown, the Lacernce of no certain Colour ; and that the CucuUus, the Cowl or Hood, was fewed on the former, but worn as a diftinft Thing from the other [a). But Ferrarius^ who has fpent a whole Book in animadverting on that Author, wonders that any Body (hould be fo ignorant as not to know thefe two Garments to have been quite diftinfl: Species [b). It will be expe6ted that the Habits of the Roman Priefts fhould be particularly defcribed ; but we have no certain Intel- ligence, only what concerned the Chief of them, the Augurs, the Flamens, and the Pontifices. The Augurs wore the Tra~ hea firft dyed with Scarlet, and afterwards with Purple. Ru-^ ben'ius takes the Robe which Herod in Derifion put on our Sa- viour to have been of this Nature, becaufe St. Matthew calls it Scarlet, and St. Luke Purple. Cicero ufeth Dihaphus (« Garment twice dyed) for the Augural Robe [c). The proper Robe o^ the Flamens was the Lcena^ a Sort of Purple Chlamys, or almoft a double Gown faftened about the Neck, with a Buckle or Clafp. It was interwoven curioufly with Gold, fo as to appear very fplendid and magnificent. Thus /'7r^;7 defcribes bis Hero in this Habit, Tyrioque ardebat murice lana Dcmljjd ex humeris : dives quce rnuncra Dido Fecerat, & tenui telas difcreverat aiiro. JEn. 4. 262. The Pontiffs had the Honour of ufing the Pratexta', and f« had the Epuiones, as we learn from Livy, Lib. 43. The Priefts were remarkable for their Modeily in Apparel, and therefore they made Ufe only of the common Purple, never affe6iing the more chargeable and fplendid. Thus Cicero^ Vefti- ius a/per nojlra hac purpura pLbeia ac pene fufia [d). He calls it cur Purple, becaufe he himfelf was a Member of the College of Augurs. There are two farther Remiarks which may be made in Reference to the Habits in general. Firft, that in Time •cf any publick Calamity, it was .an ufual Cuftom to change their Apparel, as an Argument of Humility and Contrition ; of which we meet with many Inftances in Hiftory. On fuch (o) DeLatUlav. lib. I. cap. 6. {h) AnalcEl. dc'RtV^:^. cap. ult, (f) Epift, Famil. lib.Z. Epiji. 16. {d) Pro Scxtio. Occafions Book v. the Ko MANS. 319 Occafions the Senators laid by the LaticlavBy and appeared only in the Habit of Knights : The Magiftrates threw afide the Pr<£- texta, and came abroad in the Senatorian Garb : The Knights left off their Rings, and the Commons changed their Gowns for the Sngum or Military Coat [a). The other Remark is the Obfervation of the great Cafaiibon^ that the Habit of the Ancients, and particularly of the Romans^ in no Reipect differed more from the modern Drefs, than in that they had nothing anfwering to our. Breeches and Stockings, which, if we were to exprefs in Lat'in^ we fhould czW feinoralia and tibialia. Yet, inftead of thefe, under their lower Tunics or Waifkoats, they fometimes bound their Thighs and Legs round with filken Scarfs or Fafcia: ; though thefe had now and then the Name o^ fcemhuiUa o\ femoralla and tibialia, from the Parts to which they were applied (/>). As to the Habit of the other Sex, in the ancient Times of the Commonwealth, the Gown was ufed alike by Men and Women (c). Afterwards the Women took up the Stola and the Palla for their feparate Drefs. The Stola was their ordinary Veft, worn within Doors, coming down to their Ankles : When they went abroad they flung over it the Palla or Pallium^ a long open Manteau (d)^ which covered the Stola and their whole Body. Thus Horace, Ad ialosjlola demijfa & circumdata palla {e). And Virgil-, defcribing the Habit of Camlla : Pro crinali aiiro, pro longcc tegmine palla;, Tigridis exuvits per dorJn7n a vcrtice pendent (f). They dreffed their Heads with what they called Vitta: and Fafcia, Ribbons and thin Sallies ; and the laft Sort they tv/ifted round their whole Body, next to the Skin, to make them flen- dcr ; to which Terence alludes in his Eunuch (g) : Rubenius has found this Difference in the Stolec, that thofe of the ordinary Women were white trimmed with golden Purls [h) : Hand funilis virgo ejl virgit7um vojirarum ; quas matres Jiudent Deniijfis kumeris ejje, vinfio pedore, ut gracilcs fient. The former Omd makes to be the diftinguifhing Badge of honeft Matrons and chafte Virgins. {a) Fcrrar. de Re Ftjiiar, lib. I. cap. 27. {b) Sucton. Aiigyft. cap, %z, Ca- Jaubon, ad tecum. (c) Fid. Feirar. de Re Vcji. Jib. 2. cap, 17. {d) Dacier on Ha- race, lib. I. Sat. 2. ver, 99. (0 H'ra.c-, ibid, (f) /£.-.. \i. ver, 576. is.) A^> !• ^*'«. 3. (k) Df. Latiilav. Jib. i. cap. 16. ' ^ . EHe 320 ne Habit of Part 11. EJle procul vltta tenues, infignc ptidor'is [a). And defcribing the chafte Daphne^ he fays, Vitta coercehat pofitos fine lege capillos [b). It is very obfervable, that the common Courtezans were not allowed to appear in the Stola, but obliged to wear a Sort of Gown, as a Mark of Infamy, by Reafon of its Refemblance to the Habit of the oppofite Sex. Hence in that Place of Horace^ — ■ ^^id inter — ■ EJi, in matrona^ ancilla, peccefve togata ? L. i. S. 2. V. 53. The mod judicious Dacier underftands by Togata the com- mon Strumpet, in Oppofition both to the Matron and the Ser- vant-Maid. Some have thought that the Women (on fome Account or other) wore the Lacerna too : But the Rife of this Fancy is owing to their Miftake of that Verfe in yuvena^ Ipfe lacernata cum fe jaSlaret arnica. Where it muft be oblerved, that the Poet does not fpesk of the ordinary Mifles, but of the Eunuch Spsrus, upon whom Nero made an Experiment in order to change his Sex. So that yuvenars Lacernata arnica is no more than if we (hould fay, a Mijirefs in Breeches. The Attire of the Head and Feet will take in all that remains of this Subjecfl. As to the firft of thefe, it has been a former Remark, that the Romans ordinarily ufed none, except the Lap- pet of their Gown ; and this was not a conftant Cover, but only^ occafional, to avoid the Rain, or Sun, or other accidental In- conveniencics. Hence it is that we fee none of the old Statues with any on their Heads, befides now and then a Wreath, or fomcthing of that Nature. Eujiathius^ on the firft of the Odyjfes^ tells us, that the Latins derived this Cuftom of going bare- headed from the Greeks., it being notorious, that, in the Age of the Heroes, no Kind of Hats or Caps were at all in Fafhion : Nor is there any fuch Thing to he met with in Homer. Yet at fome particular Times we find the Romans ufing fome Sort of Covering for the Head ; as at t:ie Sacrifices, at the publicic Games, at the Feaft of Saturn, upon a Journey, or a warlike Expedition. Some Perfons too were allowed to have their Heads always covered, as Men who had been lately made free, and were thereupon (haved clofe on their Head, might wear the Filcusy both as a Defence from the Cold, and as a Badge of their Liberty. And the fame Privilege was granted to Perfons under any Indifpofition. («) M^tamrflf. lib. l. Fab. 9. (i) Li/>Jftts de /im^itbeat. cap. 19. 5 As Book V. /^^ R o M A N s. 321 As for the feveral Sorts of Coverings defigned for thefe Ures> many of them have been long confounded hevond any Poffibility of a Diilindtinn ; and the learned Salmafius[a) has obferved, that the Mitra and the Pikus, the Cuctilius, the Galeriis, and tha Paili' olum, were all Coverings of the Head, vervlirtle differing from one another, and promi/cuoufly ufed by Authors; however, there are fome of them which deferve a more particular Enq^nrv. The Galerus VoJJiu5{b) derives from Galea, the Reman Helmet, to which we mult fuppole it to have borne fome Refemblance, Servius^ who-i he reckons up the feveral Sorts of the Priefis Caps, makes the Galerus one of them, bcin^ compofed of the Sl) Cap. 12. (f) F.JiiS Stjr. Qlog. in v. Fitaftis. [d) Li.f^ui de Amtbttkeat. cap. 19, X that 322 Tfje Habit of Part II. that Nation for their Original. The Mitre feems to owe its Invention to the Trojans^ being a crooked Cap tied under the Chin with R-ibbons ; it belonged only to the Women among the Rc?na7is^ and is attributed to the foreign Courtefans that fet up their Trade in that City, fuch as the • -p'lSia lupa Barbara m'ltra in 'Juvenal \ yet among xk^^Trojam we find it in Ufe among the Men, Thus Remiilus fcouts them in VirgiU Et tunicce manicas & hale72t red'imiatla mitns : ^ O vere Phrygia ; neque enim Phryges ! (a) And even Mneas himfelf is by larhas defcribed in this Drefs, Mcsonia tnenUwi m'ltra cr'inenique madentem Suhnexui. yEn. 4. 216. '\\\tTiara was the Cap of Stare ufed by all the Eaftern Kings and great Men, only with this Difference, that the Princes wore it with a ftiort ftrait Top, and the Nobles with the Point a little bending dovvnv/ards [h). The Diadem belonged to the Kings of Rotne as well as to the foreign Princes ; this feems to have been no more than a white Scarf or Fafcia bound about the Head, like that which com- pofeth the Tiirkijh Turban. Thofe who are willing to find fome nearer Rcfemblance between the Diadem and our modern Crowns, may be convinced of their Miitake from that Paffage of Phifarcb, where he tells us of a Princcfs that made Ufe of her Diadem to hang herfelf with [e). The'e white Fafcia among the Romatis were always looked on as the Marks of Sovereignty ; and therefore when Pompey the Great appeared commonly abroad with a white Scarf wound about his Leg, upon Pretence of a Bruifc or an Ulcer ; thofe, who were jealous of his growing Power, did not fail to interpret it as an Omenof his affe6ling the fupreme Command ; and one Favonius plainly told him, it made little Odds on what Part he wore the Diadem^ the Intention being much the fame (d). To defcend to the Feet, the fcveral Sorts of the Roman Shoes, Slippers, ^c. which moti: frequently occur in reading, are the Perof7es, the Cahri lunatic the Mullei^ the Solccc and Crepidce, and the Caliga^ bcfides the Cothurnus and Soccus, which have been already defcribed. [a) /En. 0. 6t6. [h) D'iKjh' ad Rcjln. lib. 5. cap. 35. {c) Pint, in LuciH, ^li) l'a!.r. Max, lib, 0. cap. 2. The I Book V. /^^ R d M A N s, . 3^3 The Percnes were a Kind of high Shoes, rudely formed of raw Hides, and reaching up to the Middle of the Leg ; they were not (nily ufed by the Country People, as fome imagine, but in the City too by .Men of ordinary Rank: Nay, Rubenlus avers, that in the elder Times of the Commonwealth, the Sena- tors, as well as others, went in the Peros {a) ; however, whea they came to be a little polifhed, they left this clumfy Wear to the Ploui'Jimen and Labourers, and we fcarce find them applied to any one elfe by the Authors of the flourifliing Ages, Thus Perjiiis brings in the P — ■■ eronatus arator : 8.5. V, 102. And Juvenal, '^iem Jion pudet alto Per glac'ian perone tegi ■ — S. 1 4. V. 186. Virgil, indeed, makes fome of his Soldiers wear the Pero, but then they were only a Com.pany of plain Rufticks, Legio agrejih^ as he calls them; befides, they wore it but on one Foot: — — —-Vejlig'ia nuda fm'ijh'i Injiituerc pedis, criidus tegit altera pcro. JEn. 7. 690. "TheCalcei lunati were proper to the Patricians, to diftinguifh them from the Vulgar, fo called from an Half-moon in Ivory worn upon them. Baldwin wil! have the Half-moon to have ferved infic-ad of a Fihtda or Buckle [h) ; but Kiihenius (f) refutes this Conje£lure, by ihewing from Philojlratus that it was worn by Way of Ornament, not on the Fore-part of the Shoe, like the Buckle, but about the Ankle. Plutarch, in his Roman Quef- tions, gives Abundance of Reafons why they ufed the Half- moon rather than any other Figure ; but none of his Fancies have met with any Approbation from the Learned. The com- mon Opinion makes this Cuftom an Allufion to the Number of Senators at their firfl: Inftitution, which, being a Hundred, was fignified by the numeral Letter C. Yet the Patricians, before they arrived at the Senato»'ian Age, and even before they put on the Prcetexta, had the Privilege of ufing the Half-moon on their Shoes. Thus Siatius, Sylv. v. 2. 27^ Sic te, dare piier, geniturti fill curia fenf.t : Primaque Patricia clauftt vejligia I una. {a) De Latiddv. lib. z. cap. i, (i) De Calceg A'l'ij, cap^ 9^ (f) Dt LatkLiv. lib. a, cap. 4., X 2. A$ 324. , 'I'he Habit of Part II. As for the Senators, who were not Patricians^ they did not indeed wear the Half-moon ; but that Ornament feems not to have been the only Difference between the Senatorian and the common Shoes; for the Kormer are commonly reprefented as black, and coming up to the Middle of the Leg, as in Horace, Book i. Sat. 6. 27. Nigris medium Impedlit cms Pellibus. Rubemus will have this nnderftood only of the four black Straps, which he fays fattened the Senators Shoes, being tied pretty high on the Leg [a). Dacler tells us the Senators had two Sorts of Shoes, one for Summer, and the other for Winter j the Summer Shoes he defcribes with fuch Leathern Straps croffing one another many l^imes about the Leg, and nothing but a Sole at the Bottom : Thefe he calls Campagl ; though Ru- ■benius attributes this Name to a Sort of Calig^s worn by the Sena- tois under the later Emperors (b). The Winter Shoes, he fays, were made of an entire black Skin, or fometimes a White one, reaching up to cover the greateft Part of the Leg, without any open Place, except on the Top (c). It is uncertain whether the Calcel Mullel were fo called from the Colour of the Mullet, or whether they lent a Name to that Fifli from their reddifh Dye; they were at firft the peculiar "Wear of the Jlban Kings, afterwards of the Kings of Rome ^ and, upon the Eftablifhment of the free State, were appropriated to thofe Perfons who had borne any Curule Office ; but perhaps they miaht be worn only on great Days, at the Celebration of fome publick Sports, when they were attired in the whole Triumphal Habit, of which too thefe Shoes made a Part. yuUus Cesfar, as he v.^as very fmgular in his Vv'hole Habit, fo was particularly re- markable for v/caring the Mullel on ordinary Days, whith he did to fnow his Defcent from the Alban Kings [d). In Colour and Fafhion they refembled the Cothurni^ coming up to the Middle of the Leg, though they did not cover the whole Foot, but only the Sole, like Sandals (f). Dacler informs us, that, at fuch Time as the Emperors took up the Ufe of thefe red Shoes, the Curule Ma- giilrates changed the P"afhion for embroidered owcs(f). The Roman Solece were a Sort of Sandals or Pantofles, with- out any L^pper-Leathcr, fo that they covered only the Sole of {a) De Re Veft. lib. 2. cap. 3. (i) lb:d. cap. 5. \.c) Dachr on Horace, Rook I. Sat. 6. [d) Dio. lib. 49. {e) Lib. 2. cap. a. (f) Dacier oa Horace, Book I. Sat. 6, the Book V. the Romans. 325 the Foot, being fadened above with Straps and Buckles : thefe were the ordinary Fafliion of the Women, and therefore counted fcandalous in the other Sex; Thus C'uero expofcth Vcrres {a)y and CJodius (/>), for ufing this indecent Wear ; and Livy acquaints us, that the great Scipio was cenfured on the fame Account [c], yet upon all Occafions of Miith and Recreation, or lawful In- dulgence, it was cuftomary for the Men to go thus loofely (hod, as at Entertainments, and at the publick Shows of all Sorts in the Circos or Amphitheatres. The Crcpic/a: which now and then occur in Roman Authors, are generally fuppoled to be the fame as the Sohcs, under the Greek Name AJ^iiTriS'E;- But Baldwin is fo nice as to affign this DifFerence, tliat the Crcplda had two Soles, whereas the Solca confifted but of one ; therefore he is not willing to be beholden to the Greeks for the Word, but thinks it inay be derived from the Crepitus^ or Creaking that they made, which could not be'fo ■well conceived in thole which had but a Tingle Leather (r/). That the Grecian x^ijt/^sj did really make fuch a Kind of Noife» which we cannot eafily imagine of the Solea, is plain from the common Story of Alo/fius, who being brought to give his Cenfure of VenuSy could find no Fault, only that htr ktitt)^, or Slippcr> creaked a little too much. The Caliga was the Soldicr"s proper Shoe, made in the Sandal Fafhion, fo as not to cover the upper Part of the Foot, though it reached to the Middle of the Leg. The Sole was of Wood, like our old Galoches, or the Cbabots of the French Peafants, and ftuck full of Nails ; thefe Nails were ufually fo very long in the Shoes of the Scouts and Centinels, that Suetonius [e) and Ter^ tullian (f) c2l\\ \.\\o(t Caliga Spcculatores^ as if, by mounting the Wearer to a higher Pitch, they gave a greater Advantage to the Sight. It was from thefe Caligee^ that the Emperor Caligula took his Name, having been born in the Army, and afterwards bred up in the Habit of a common Soldier (g). And hence 'Juvenal (/;), and Suetonius (i)y ufe Caligaii for the common Soldiers, without the Addition of a Subftantive. {a) Verrin /^. (/>) Dc ILirnfp. Rejponf. [c] Lib. 29. (d) B.i'^hv.'n Cak. Ant.q. cap. 13. [i] Caligul. cap. 52. (f) Df Coron, Mitk. {g) Suetan, Ca'ignl. can. 9. (h) Sat. 26. v. 24. (/) Auguji. 25, X 3 CHAP. 1 26 ^he Marriages of Part II. CHAP. IX. Of the Roman Marriages, 'T^HE Marriages of the Romans, which have been fo learn- •^ edly explained by fo many eminent Hands, as the great Lawyers 'Tirqauel^ Sigonius, Brijfonhis, and the two Hottomans^ will appear very intelligible from a diligent Enquiry into the Efpoulals, the Perfons that might lawfully marry with one ano- ther, the proper Seafon for Marriage, the feveral Wa)s of con- tradling Matrimony, the Ceremonies of the Wedding, and the Caufes and Manner of Divorces. The Efpoufals, or Contract before Marriage, was performed by an Engagement of the Friends on both Sides, and might be done as well between abfent Perfons as pre'ent, as well in Pri- vate as before Witnefles ; yet the common Way of Betrothing was by Writings drawn up by common Confent, and fealed by both Parties. Thus 'Juvenal, Sat. 6. 1 99. ). A Divrrce, after this Way of Marriage, Fefius calls Diffiirreatio. Coeinptia was, when the Perfons folemnly bound themielves to one- ano- ther by the Ceremony of giving and taking a Piece ot Money. The Marriage was faid to be made by Ufe^ when, with the Con- fent of her Friends, the W(mian had lived with the Man a whole Year compleat, without being abffnc three Nights, at which Time fhe was reckoned in all Refpecls a lawful Wi/e, thuugh not near fo clofely joined as in the former Cafes. The nuptial Ceremonies were always he^un with the taking of Omens by the Jufpices. Hence TuUy^ Nuhit genero focrus nuUis cufpicibus^ nullis auSiorihus^ fiinejlis omnibus omnium {c) In drefiing the Bride, they never fimitted to divide her Locks with the Head of a Spear, either as a Token that their Marriages firil began by War, and A6ls of Hoflility upon the Rape of the Stibine Virgins [d) ; or as an Omen of bearing a valiant and war- like Offspring; or to remind the Bride, that, being married to cne of a martial Race, fhe fhould ufe herfelf to no other than a plain unaffected Drefs ; or becaufe the greateft Part of the Nup- tial Care is referred to 'Juno^ to whom the Spear is facred, whence fhe took the Name oi Dea ^-/iris, ^iris among the Ancients fignif)'ing this Weapon (e). Ovid zWudcs to this Cuftom in the fecond of his /(7/?z .- 559. ]Vec tlbi ques cupido" matura videhere mairi^ Cor.iat virgineas hajia recur'va comas. {«) Lib. 18. cap. 2, {b) Tacit. Annal, 4. (f) Orat. fro C'utnt, (J) Plutarcb. jn Rcmul. [e) Idm, S^uaji. Rem. 87. Thou Book V. the Ro?vIanj. ^29 Thou whom thy Mother frets to fee a A''laid, Let no bent Spear thy Virgin Locks divide. In the next Place they crowned her v^ith a Chaplct of Flow- ers, and put on her Veil or Flanw.eiim, proper to this Occafion. Thus Catidlu:, lib. 6. Clnge tetnpora Jlorihus Suaveolentis a?nciract : Flamnieum cape^ And yuvenal^ cfefcribing MeJJ'alina^ when about to marry Silius: : Dudum fedet ilia parato Flammeolo. Sat. lo. Inftead of her ordinary Clothes, flic wore ^^^ Tunica rcSia^ or common Tunick. called re^a^ from being woven upwards, of the fame Nature with that which the young Men put on with their Manly Gczvn[a) ; this was tied about with a Girdle which the Jbridegroom, was to unloofe. Being drefied after this Manner, in the Evening (he was led towards the Bridegroom's Houfe by three Boys habited in the Pratexta^ whofe Fathers and Mothers were alive. Five Torches were carried to light her ; for which particular Number Plutarch has troubled himfelf to find out fevcrai Reafons {h). A Diftaff and a Spindle were likewife borTie along with her, in Memory of Caia Cadlia^ or Tanaqml, Wife to Tarquhiius Prifcus., a famous Spinfler (r) ; And on the fame Account the Bride called herfelf Caia.^ during the Nuptial Solemnity, as a fortunate Name. Being come to the Door, (which was garnifhed with Flowers and Leaves, according to that o'i Cattdlus, Ixii. 293. Vejiibidum ut molli velatum fronde vireret.) fhe bound about the Foils with woollen Lills, and waflied them over with mi-lied Tallow, to keep out Infection and Sorcery. ThisCuftom Virgil alludes to, Mn. 4. 457. Praterra fuit in tcSiis de marmore templum Conjugis antiqiii^ miro quod honore colcbat^ VelLribus niveis i^f fejia fronde revinSlum. Being to go Into the Houfe, (he was not by any Means to touch the 'rbreftiold, but was lifted over by main Strength. Either heraufe tlie Fhicdiold was facred to Vfjla^ a moft chafte Goddefs, and fo oui',ht not to be defiled by one in thefe Circumflances : Or elfe, that it might feem a Piece of (a) limy, lib. 8. cap. 48. {h) Ram. Qu^fji. 2. {c) Fliiy, Jib. 8. tap. aS. Modefty 330 ^be Marriages of Part 11. Modefty to be compelled into a Place where (he fhould ceafc to be a Virgin [a). Upon her Entrance, fhe had the Keys of the Houfe delivered to her, and was prefented by the Bridegroom with two VeiTels, one of Fire, the other of Water, either as an Emblem of Purity and Chaftity, or as a Communication of Goods, or as an Earned of flicking by one another in the greateft Extremities [b). And now fhe and her Companions were treated by the Bride- groom at a fplendid Feail ; on which Occafion, the fumptuary Laws allowed a little more Liberty than ordinary in the Expences. This Kind of Treat was feldom without Mufick, compnfed commonly of Flutes ; the Company all the While Tinging Tha~ laJfmSf or Thalaffio^ as the Greeks did Hymenaiis. There are fe- veral Reafons given by Plutarch (, ' ' ' The 332 The Marriages of Part II. The common Way of Divorcing was by fending a Bill to the Woman, containing Reafons of the Separation, and the Tender of all her Goods which the brought with her; this they termed rifudium mittej-e. Or elfe it was performed in her Prefcnce be- fore fufficient Witnefles, with the Formaliiiss of tearinjz; the Writings, refunding the Portion, taking away the Keys, and turning the Woman out of Doors, But however the Law of Romulus came to fail, it is certain that in later Times the Wo- men too, as well as the Men, might fue for a Divorce, and enter on a feparate Life. Thus yuvenal^ Sat. 9. 74.. . Fug'ientem fcspe puellam Ample xu rap ui \ tabulas quoque fregcrat^ i^ jam Signabat. And Martial, Lib. 10. Epigr. 41. Menfe 770V0 Mtui veterem Proculeia maritum Deferlsy atque jubcs res fibi habere Juas. We have here a fair Opportunity to enquire into the Grounds ©f the common Opinion about borrowing and lending of Wives among the Romans. He that charijeth them moft fevercly with this Pra6lice, is the m.oft learned TertuUian, in his Jpology^ ch. 39. Omnia indtfcr eta fimt apud noSy he. All Things.^ (fa\s he, Jpeaking of the Chrijlians) are common amotig us, except our IVives: tVe admit no Partner/hip in that one Thing-, in ivhich other Aien are more profejjedly Partners, who not only make life of their Friend's Bed, but very patiently expofe their own IVives to a new Embrace : I fuppofe, according to the Injlitution of the mojl wife Ancients, the Graecian Socrates, and the Roman Cato, who freely lent out their IVives to their Friends I And prefently after, O fapientiis Attica y Romance gravitatis exemplum I leno ejl Philofophus 6/ Cenfor. O wondrous Example (5/"Attick: JVifdom, and 0^ Roman Gravity ! a Philofopher and o Cenfor turn Pimps. Chiefly on the Strength of this Authory, the Romans have been generally taxed with fuch a Cuflom ; and a very great Man of our own Country [a) expreffeth his Compliance with the vulgar Opinion, thoug he ingenuoufly extenuates the Fault in a parallel Inftance. So much indeed muft be granted, that though the Law made thofe Hufbands liable to a Penalty, who either hired out their Wives for Money, or kept them after they had been aiStuallv convi£led of Adultery, yet the bare PermifTion of that Crime did not fall under the Notice of the (a) ^.V Wjlliam Tempk'j Introdu^iion to the H'Jl. rona Mil. Y 1 The 342 ^he Funerals of Part II. The next Ceremony that followed was the colkcat'io £C[ laying out of the Body, performed always by the neareft Relation. Whence Dio cenfures Tiberiui for his Negledl of Livia^ ^ub vojSaav kirza- KE-^aro, 8TS aTToGav^Tav auTcg 'mposSslo He neither vijited her^ ivkcn Jhe wasfick) nor laid her out with his own Hands, after foe was dead. The Place where they laid the Body, was always near the Threfhold, at the Entrance of the Houfe : ■ recipitque ad limina grejfum^ Corpus uhi exanimi pofitum Pallantis Accetes Servabat fenior. JEjU, xi. 29. And they took particular Care in placing the Body, to turn the Feet outward, toward the Gate, which Curtom Perfiui has left US elegantly defcribed in his third Satyr, 103. — tandemque heatulus alto Compofttus le^o, crajjifque lutatus amomtSy In portam rigidos calces extendit The Reafon of this Pofition was to {how all Perfons, whether any Violence had been the Caufe of the Party's Death, which might be difcovered bv the out\vard Signs. We muft not forget xhtConclamatio-, or general Out-cry fet up at fuch Intervals before the Corpie, by Perfons who waited there on Purpnfe; this was done, either becaufe they hoped by this Means to ftop the Soul which was now taking its Flight, or elfe to awaken its Powers, which they thought might only lie filent in the Body without A61ion. For the firft Reafon we are be- holden to Proper tins : iv. 7. M mihi non oculos quifquam inclamavlt euntes, Unum impetrajfem te revocante diem. The other is taken from the Explication of thisCuftom hy Ser- vius, on the fixth of the Mneids, and feems much the more pro- bable Defign. For the Phyficians give feveral Inftances of Perfons, who being buried thiouah Hafte, in an apople6tick Fit, have afterwards come to themfelves, and many Times miferably perifhed for Want of Afliflance. If all this Crying out fignified nothing, the Deceafed was f^id to be Condamatusy or pafl Call, to which Pradiice there are Book V. the Romans, 34 > are frequent Allufions in almoft every Author. Lucan is very elegant to this Purpofe, -Sic funcre prima Jttoyutcs taaiere domus^ qutmi corpora nondum Conchimata jacent^ nee mater crlne folulo Exlgit ad javos jamularum brochiu planSius. Lib. 2. There is fcarce any Ceremony remaining; which was per- formed before the Burial, except the Cuftom of fticking up fome Sign, by which the Houfe was Icnown to be in Mcurnina;. This among the Rotnans was done by fixing Uranches of Cv- prefs, or of the Pitch-tree, near the Entrance, neiiher of which Trees being once cut down ever revive, and have on that Ac- count been thought proper Emblems of a Funeral [a). Thus much was done before the Funeral : In the Funeral we may take Notice of the Elatio^ or carrying forth, a/id the Act of Burial. What concerns the firft of thefe, will be made out in obferving the Day^ the Timc^ the Perfons, and the Place. What Day after the Perfon'^ Death was appointed for the Fu- neral, is not very well agreed on. Servius on that Paflage of Virgil, jEn. 5. V'^erfe 65. Praterca, fi nona dies mortalihui ivgris, &c. exprefsly tells us, that the Body Jay f even Days in the Houfe^ on ' the eighth Day was buried^ and 07i the ninth the Relicks iverc buried. But there are many Inftances to prove that this fet Number of Days was not always obferved. Therefore perhaps this belonsred only to the Indiftive and Publiclc Funerals, and not to the pri- vate ^nd filent, efpeciallv not to the accrba Funera^ in which Things were aUvays huddled up with wonderful Halle. Thus Suetonius reports of the Funeral o( Britanniaa (b)^ and of the Emperor Otho (c) ; And Cicero pro Cluefitio., Eo ipfc die puer cum hora undecima in publico i^ valens 'vijus cjjet, ante no6lem mortuus^ i^ pojiridie ante lucem combujius. As to the Time of carrying forth the Corpfe, anciently they made Ufe only of the Night j as Servius obfcrves on thuie Words of Virgil, •De more vetuflo Ftmereas rapucre faces. lEn. 11. v. 142. (.1) I'lin. Kb 16. cap. 33. Scrv. ad Mn. 4. {h) Ner. 32. (f) Otho. Sr. Y 4 The '^4-4 ^^ Funerals ef Part. II. The Reafon he gives for it is, that hereby they might avoid meeting with the Magiftrates or Priefts, v^hofe Eyes they thought would be defiled by fuch a Speftacle. Hence the Fune- ral had its Name a funallbus^ from the Torches ; and the Vefpi- iiones., or Vefperones^ were fo called from Vefper the Evening. Nothing is more evident, than that this Cuftom was not long obferved, at leaft not in the Publick Funerals, though it feems to have continued in xhtfilent^ and private, as Scrvius acquaints us in the fame Place. Hence Nero took a fair Excufe for hurrying his Brother Britannjcus's Body into the Grave, im- mediately after he had fent him out of the World. For Tacitus reports that the Emperor defended the hafty Burial which had caufed fo much Talk and Sufpicion, in a publick Edi£t, urging that it v.'as agreeable to the old Inftitutions, to hide fuch un- timely Funerals from Mens Eyes, as foon as poffible, and not detain thein with the tedious Formalities of Harangues, and pompous ProcefTiOns. It may not be too nice a Remark, that, in the more Ipkndid FuneraLv the former Fart of the Day feems to have been defigned for the Proceffion. Thus Plutarch relates of the Burial o*' Sylla., that, the MortJing being very cloudy over Jiead^ they deferred carrying the Corpfe ^till the ninth Hcur^ or three in the Afternoon. But though this Cuflom of carrying forth the Corpfe by Night, in a great Meafure, ceafed, yet the bearing of Torches and Tapers ftiil continued in Practice. Thu3 Virgil in the Funeral of P) complain very much of this Cuftom of Funeral Speeches, as if they had conduced in a great Meafure to the Corruption and Falfifying of Hiftory. For it being or- dinary on thofe Occafions to be dircdfed more by the Precepts of Oratory, than by the true Matter of Fact, it ufually happened, that the deceafed Party was extolled on the Account of feveral roble Atchievements, to which he had no juft Pretenfions : And efpecially when they came to enquire into their Stock and Original, as was cuflomary at thefe Solemnities, they feldom failed to clap in three or four of the moft renowned Perfons of the Commonwealth, to illuftrate the Family of the Deceafed ; and fo by Degrees well nigh ruined all proper Diftinctions of Houfes and Blood. The next Place, to which the Corpfe was carried, was the Place of Burning and Burial. It has been a Cuftom amongft moft Nstions to appoint this without the City, particularly among the "Jews and Greeks ; from whom it may be fiippofed to have been derived down to the Romans. That the yeivi buried without the City, is evident from feveral Places of the ]Slcw Tejlament. Thus the Sepulchre, in which Jofeph laid our Sa- viour's Body, was in the fame Place in which he was crucified [c), which was near to the City [d). And we read in St. Matthew^ that at our Lord's Paffion thi Graves vjere opened^ and many Bodies of the Saints which fupt arofe, arid came out of their Graves after his Re~ furreSiion^ and went jnto tie Holy City, and appeared unto many (e). As to the Griscians., Servius in an Epifrle to Tudy (fj^ giving an Account of the unhappy Death of his Colleague {a) In B.'uto. {b) Lib. 8. {c) John xix. 45. (i) JchnJiix. zo. (/) Mattbiw xxvii. 52, 53. ( fj Fanil. lib. 4. Epift. n, Marcellusj Book v. the Romans. 35^ Marcellus, which fell out in Greece^ tells him, that he could not by anvMeans obtain Leave of the Jthenians to allow him a Bury- ing-place within the City, they urging a religious Reftraint in that Point, and the Want of Precedents for fuch a Pradtice. The Romans followed the fame Cuftom from the very firft Building of the City, which was afterwards fettled in a Lawr by the Decemviri, and often revived and confirmed by feveral later Conftitutions. The Reafon of this ancient Pra6tice may be refolved into a facred and a civil Confuleration. As to the former, the Remans^ and moft other People, had a Notion, that whatever had been confecrated to the fupernal Gods, was prefently defiled upon the Touch of a Corpfe, Or even by bringing fuch a Spectacle near it. Thus J. Gellius tells us, that the Flamen Dialis might not on any Account enter into a Place where there was a Grave ; or fo much as touch a dead Body [a). And, if the Pontifex Maximus happened to praife any one publickly at a Funeral, he had a Veil always laid over the Corpfe to keep ic from his Sight ; as Dio reports of Augujius [b)^ and Seneca of Tiberius [c). It is likely that this might be bor- rowed from the "Jewijh Law, by which the High-Priefl: was forbid to ufe the ordinary Signs of Mourning, or to go in to any dead Body (d). The civil Confjderation feems to have been, that neither the Air might be corrupted by the Stench of putrefied Bodies, nor the Buildings endangered by the Frequency of Funeral Fires, The Places then appointed for Buiial without the City, were either private or publick ; the private Places were the Fields or Gardens belonging to particular Families. Hence Alartiai took the Jeft in one of his Epigrams, on a Gentleman that had buried I'everal Wives : Sepiima jam, Philcros, tibi conditur uxor in agra. Plus nu.'iij Pkiieros, qunm tibi reddit ager. If it were poiTible, they always buried in that Part of the Field or Garden \vhich lay nearefl: to the common Road, both to put Pafiengers in Mind of Mortality, and to fave the bell Part of their Land. Thus 'Juvenal, Sat. i. Etrperiar quid concedaiur in illos, ^jonim Flaminia tegitur cinis atque Latina. (a) Lib. ir. cap. 15. {h) Lib. 54. (r) ConfQ'.at, ad Mar. cap. 5!^ (J) Lt-vit, xxii. 10, II, Z And -7 54 ^^^ Funerals of Part II. And we have fcarce any Relation of a Burylnp; in Authors, but they tell us the Urn was laid near fuch a JVay. Properiius is very earneft in defiring that he may not be buried after this ordinary Cuftom, near a celebrated Road, for Fear it fnculd difturb his Shade: Di faciant^ mea ne terra locet ojfu frequently ^ta fac'it ajjiduo tramite vulgus iter. Poji mortem tumult fic infamantur amantum : Me teoat arhorea ikv'ia terra coma. Aut humor ignoice cimiulii vahatus arence ; Non juvoi In media no7nen habere itla. Lib. 3. Eleg 16. The Publick Burying-places v.-ere of two Sorts ; thofe which were allotted to the Poor, and ihofe which were put to this Ule only at the Funerals of great Perfons. The former were the PutiadiS., or Putlculi, without the Efquilian Gate j they con- tained a great Qiiantity of Ground, and were put to no other Ule, than the burying of the Bones and Aihe? of Perfons of the loweft Rank, who had no private Place of their own to lay the Corpfe in. But becaufe the vaft Number of Bones depofited here, infecting the Air, rendered the neighbouring Parts of the City unhealthy, Augujius gave away a great rpany Acres of this common Field to his ¥ zv ountc Macerias, who turned it into fine Gardens. This Horace tells us at large. Bock i. Sat. 8. Hue prius angujlis ejeSia cadavera cellis Conler'vus vi/i portanda locahat in area : Hoc mijera: plebi Jiabat commune fcpulchrum^ &c. The publick Place afligned for the Burial of great Perfons was commonly the Campus Plartius. This Honour could not be procured but by a publick Decree of Senate, and was never con- ferred but on Men of the higheft Stations and Merits. Thus Plutarch lehtes of Lucullus znd Pompey; Appian of Sylla [a), Suetonius of Drvfus (^), and Firgil of Alarcellus : ^uantos ille virum magnam Mavortis ad urbem Campus age! gemitus f vcl quee^ '^Tiberine^ videhis Funera, cum tumulum prcvterlalere recente77i ! iEn. 6. (tf) 'E/ui^i'X, lib. I, [V] Claud, cap. 1, It Book V. the Romans. 355 It has been faiJ, that the ordinary Cuftom was to bury with- out the City, but we muft except fome Sepulchres, as thofe of the ^t/?^/ Virgins, whom Servius tells us the Laws allowed a Burying-place within the City [a). The fame Honour was al- lowed to fome extraordinary Perfons, as to Valerius Poplicola (b)y and to Fabrkius (c), being to continue to their Heirs. Yet none of the Family were afterwards there interred, but, the Body being carried thither, one placed a burning Torch under it, and then immediately took it away; as an Atteftation of the Deceafed's Privilege, and his receding from his Honour : And then the Body was removed to another Place. Cicero in his ninth Philippick moves, that Servius SuJpicius^ upon Account of his many fignal Services to the Commonwealth^ may be honoured with a publiclc Sepulchre in the Campus Efqui- litius, or in any other Place where the Conful fhould pleafe, thirty Feet in Dimenfion every Way, and to remain to his Heirs and Pofterity. But there are not many Inftances of the Jike Practice. Having done with the Carrying forth, we come to the Jd of Burying. The Corpfe being brought in the Manner already defcribed, without the City, if they defigned to burn it, was carried diredly to the Place appointed for thatPurpofe, (which, if it was joined with the Sepulchre, was called Bujlutri ; if fe- parate from it, JJjirina) and there laid on the Rogus or Pyra^ a Pile of Wood prepared to burn it on. This Pile was built in the Shape of an Altar, differing in Height according to the Quality of the Deceafed. Thus Virgil in the Funeral of Mi- Jenus, /En. 6. -Jra7nque fepulchri Congerere arboribus^ cceloque educere certant, And Ovid agalnft; Ibis : Et dare plebeio corpus inane rogo. The Trees, which they m.ade Ufe of, were commonly fuch as had moll Pitch or Rofin in them ; and, if they took any other Wood, they fplit ir, for the more eafy catching Fire : ProcMiibunt picea, fonat i^a fecuribus ilex. {a) M JEn, 9. (i) PLtarch in his Life. (0 CUero. Z 2 Fraxineaqm 2^6 The Funerals of Part II. Fraxineaqm trabes ; cuncis iff fyile rolur Scinditur. Virg. Mv). 6. Round about the Pile they ufed to fet a Parcel of Cyprefs Trees, perhaps to hinder the noifome .Sinell of the Corpfe. Thii) Obibrvation is o\ying to Virgil in the iame Place: Ingentem Jiriixere pyra?n ; cut frondibus atrls Intexunt laUra^ & ferales ante cuprcjjos Conjiituunt. That the Body was placed on the Pile, not by itfelf, but to- gether vv'ith the Couch or Bed, on vyhich it lay, we have the Authority of Tibullus, Book i. £1. i. Flebis iff arfum pofitum ?:ie., Delia, IcHo. This being done, the next of Blood performed the Ceremony of lighting the Pile ; which they did with a Torch, turning their Face all the while the other Way, as if it was done out of Ne- ceirity, and not willingly. Thus Virgil, JEn. 6. -SuhjeSiam, more parcntzim. Averfi tenucre faccm. As foon as the Wood took. Fire,, they wifhed and prayed for a Wind to affift the Flames, and hallen the Conluming of the Body, which they locked on as a fortunate Accident. Thus Cynthia in Prcpertius : Cur ventos non ipfe regis, i>igrnte, pctjjli ? And Plutarch in the Life of SyJ'a reports, «' That, the Day " beino; cloudy over Head, they deferred carrying forth the ** Corpfe 'till about three in the Afternoon, expecting it would *' rain : But a ftronsr Wind blowing: full a^ainft the Funeral ** Pile, and fetting it all on a Jhlame, his Body was confumed *' in a l\'Joment. As the Pile flirunk down, and the Fire was " upon going out, the Clouds fhowercd down, and continued *' raining 'till Night. So that his good Fortune was firm even to *' the lafr, and did, as it were, ofHciate at his Funeral." At the Funerals of the Emperors or renov/ned Generals, as foon as the Wood was lighted, the Soldiers and all the Com- pany Book V. the Romans. 357 pany made a folemn Courfe [Decurfio] three Times round the Pile, to fhow their AfFeCLion to the Deceafed ; of which we have numerous Examples in Hiftory. Virgil has not forgot to exprefs this Cuftom : Ter circum accenfos cin5ii fulgentihus armis > Decurrere rogo ; ter mcejium funerii ignem Lujiravcre in cquis, uiulatufque ore dedcje. JEn. I r. The Body never burnt wirhout Company ; for, becaufe they fancied that the (jhous delighted in Blood, it was cuftomary to kiJ] a great Number of Bcaiis, and throw thetn on the Pile : Jllidta bourn circa maSlaniur corpora morti ; Setigerafque Jues^ raptajque ex omnibus agris In f,ammar7i jugulant pccudes V i rg. ^ n . 1 1 . In the more ignorant and barbarous Ages, they ufed to mur- ther Men, and cail them into the Funeral Flame's of Princes and Commanders. The Poets never burn a Hero without this inhuman Ceremony. Homer gives Patroclus And Virgil, lib. lO. ^uatuor hie juvenes, totidem, quos educat TJfens, Viveii-es rap it ; inferias quoi immolet umbris^ Captivoque rogi perfuiulat Janguine Jiammas. Bjt, befides thofe, there were Abundance of Prefents thrown into the fatal Flames, of feveral Sorts : Thefe confined for the moil Part of coftly Garments and Perfumes thrown on the Body as it burned. Thus Virgil, lEn. 6. Purpureafque fuper vejles, velamina nota. Coyijiciunt. And Plutarch makes the extravagant Expences of Cato Ju- nior, at the Funeral of his Brother Ccepio, to have been .taken up in « 'vaji ^(antity of cojUy Garments and Perfumes, All the precious Gums, Eflences, and Balfams, that the Ancients were acquainted with, v^^e find employed in their Z 3 Funerals : 35^ ^he Funerals of Part II. Funerals : Hence Ju-venal defcribes a Fop that ufed Abundance oi Elfence : Et maiut'ino fudans Crtfptnus amomoy ^antum vix redolent duo funera Sat. 4. The Soldiers and Generals had ufually their Arms burnt with them on the Pile. Thus Virgil in the P'uneral of Mifenus : > Decorantque Juper fulgentibus armis. JEn. 6. And In another Place he adds the Spoils taken from the Enemy : Hinc alii fpolia occifts direpia Latinis Conjiciurd igni, galeas enfefque decoros, Frcsnaque ferventefque rotas : pars^ mumra nota^ Ipforum clypeosj ^ non felicia tela. JEn. 11. When the Pile was burnt down, they put out the Remains of the Fire, by fprinkling Wine, that they might the more eafily gather up the Bones and A(hes : Pojlquam collapfi cineres^ acjiatnma qiiievit, Relliquias vino & bibulam lavere faviUa?n. Virg. ^n. 6. This gathering up the Bones and Afties, and putting them iuto the Urn, was the next Office paid to the Deceafed, which they termed affilegium. The whole Cuftom is moft fully and elegantly defcribed by TibuUtis in his Third Book. E'eg. 2. Ergo ubi cum tenuem, &c. How the Afties and Bones of the Man came to be diftin- guifhed from thofe of the Beafts, and Wood, and other Materi- als, is not eafy to be conceived, unlefs we fuppofe the Difference to have arofe from the artificial Placing of the Corpfe on the Pile, fo that every Thing elfe fhould fail away on each Side, and leave the Human Relicks in a Heap by themfelves. Nothing now remained but to put the Urn into the Sepulchre, and fo fprinkle the Company with HolyWarer, and dilmifs them, Firg. JEn. 6. OJfaque kSla cado texit Chorlnaeus ahem : Idem ter focios pura circumtuUt unda, Spargem I Book V. ihe Romans, 359 Spargens rore Icv'i^ iff ra?no felids oliva, Lujiravitque viros, dixitque novijjima verba. Thefe novijfima verba were either di redded to the Deceafed, or to the Company. The Form of Speech, with which they took Leave of the Deceafed was, Vale^ vaie, vale., nos te or dine quo na- iura permifcrit^ cnnP.'i feqiwrnir . The Form, with which the Pr^f^ difmilTed the People, wix'i ILICET., \,c. ire licet. As they went away, they had a Cuftom of wiihing for light Earthy to lie on the Relicks, wliich ihey reckoned a great Happinefs. Hence it is an ufual Infcription on ancient Funeral Aionuments S. T. T. L. or Sit tibi terra Icvis. To enquire into the Original of Sepulchres, their feveral Kinds and Forms, the Variety of Ornaments, the Difference of Infcriptions, and the many Ways of violating the Tombs of the Dead, would be too nice a Difquifition for the prefent Defign. Yet we muft not pafs by the dt^notaphia or Monuments erected on a very fingular Account, either to Perfons buried in another Place, or to thofe v/ho had received no Burial, and whofe Re- licks could not be found. Thus Su£to7iius tells us, that the Soldiers in Germany raifed an honorary Tomb to the Memory of Driifus^ though his Body had been cariied to Ro?ne, and depofited in the Ca?hpus Aiartius (a). And we often find the Generals raifmg Tombs to the Honour of thofe Soldiers whofe Bodies could not be found after a Fio-ht. Thefe Tumuli inanes or Imiorarii, when erecSled to the Memory of particular Perfons, were ufually kept as facred as the true Monuments, and had the fame Cerem.onies performed at them. Thus Firgil defcribes Andromache keeping the Anniverfary of Heiior's Death. /En. 3. Solcnnes turn forte dapes &" trivia dona Libabat cineri Andromache^ manefque vocabat HeSioreum ad tumulum., viridi quern cefpite inanem^ Et gemiiiasy caufam lacrymisj facraverat aras. And /Eneas tells Deiphobus, that he has paid him fuch an Honour : Tunc egomet tumidum Rhateo in Utore inanem Conftituiy y ?nagna manes ter voce vocavi : Nomen <5f arma locum fervant. iEneid. 6. (id/um, fnerenda, &c. had their Ori- ginal, being really the fame Repatl: made by feveral Perfons at feveral Times (a). (a) Dcxicr on Horace, Book i. Od, i. The 366 'The Entertainments of Part II. The PLACE^ in which the Romans eat, was anciently- called Ccenaculum. Seneca^ Suetonius^ and others, (lyle it Ccenatio. But the moft common Appellation, which they borrowed from the Grecians, was Triclinium. Servius on the firfl of the Mneids, at that V^erfe, Aurea compofuit fponda mediumque locavit, takes an Occafion to reprehend thofe Grammarians who will have Triclinium to fignify a Room to fup in, and not barely a Table. Yet (to omit a tedious Number of Citations from other Authors) Tully himfelf uCeth t|ie Word in that Senfe: For in one of his Epiftles he tells Atticus (a), that, when Ca:far came to Philippic the Town was fo full of Soldiers as to leave Cajar fcarce a Triclinium to fup in. Anciently the Romans uied to fup fitting, as the Europeans at prefent, making Ufe of a long Table: Pirpetuis foliti patres confijiere mcnfis. ^'i^g' -^n. 8. Afterwards the Men took up a Cuftom of lying down, but the Women for fome Time after fiill kept fitting, as the moft decent Pofture [b). The Children too of Princes and Noble- tnen, for the fame Reafon, ufed to fit at the Backs of Couches (f), whence, after a Difh or two, they withdrew, without cauling any Difturbance. Yet as to the Women, it is evident, that in after Times they ufed the fame Pofture at the Table as Men. Thus Cicero in an Epiftle to Patus^ telling him of one Cfyterisy a Gentlewoman that was lately at a Treat with him, makes Ufe of the Word accubuit. And Ovid, in his fourth Love-Elegv of the firft Book, advifeth his Miftrefs about her Carriage at the Table before her Hufband, Cum premet ilk torum, vultu comes ipfa modejlo Ibis, ut accumbas And Suetonius relates, that, at an Entertainment of the Em- ^ror Caligula, he placed all his Sifters one by one below him- felf, uxore fupra cubante, his Jf'ife lying above him. When they began thus to lie down, inftead of fitting at Meat, they contrived a Sort of Beds or Couches of tlie fame Nature with thofe on which they flept, but diftinguifhcd from them by {a) Lib, 15. Epift, co. il) Val, Max, lib. 2. cap. i. [c) Tudtus, Ann. 13. Sutunius C.'auJ, cap. 32. the Book V. the Romans. 367 tlie Name of Le5li tricliniorum, or trid'tmares, the other being called /t't7/ cubicularli. They were made in feveral Forms, but commonly four- fquare, fometimes to hold three or four, fometimes tvv^o Perfons, or only one. Yet, in the fame Entertaining-Room, it was obferved to have all the Couches of the fame Shape and Make. After the ro'.ind Citron-Tables grew in Kafhion, they changed the three Bech; (which denominated the Triclinium) for the Sti- iadium., one hngle large Couch in the Shape of a Half-Moon, or of the Gracian Sigma, from v/hich it fometimes borrowed its Name, as in Martial : Accipe hinata fcriptum tcjludine figma. Thcfe Stibadia took their feveral Names from the Number of Men that they had, as the Hexaclinon for Six, the Hepiaclinon for Seven, and fo on. The higher the Beds were, the more noble and ftately, and the •more decent too they were thought. Hence Virgil^ ^n. 2. Inde toro pater Mncas ftc crjus ab ahc. And again, Mn. 6. ■ Lucent geniaUbus altls J urea fulcra tor is — . On the contrary, low Couches were looked on as fo extremely fcanclalous, that [Valerius Maximus tells the Story) one Mliiis Tubero^ a Man of great Integrity, and of very noble Progeni- tors, being a Candidate for the Prastorfhip, lofl the Place, only for making Ufe of a low Sort of Supping-Beds, when he gave People a public Entertainment [a). On the Beds they laid a Kind of Ticks or Quilts, ftufted with Feathers, Herbs, or Tow ; which they called Culcitra. Over thefe they threw in ancient Times nothing but Goat-Skins ; which they afterwards changed for i\\Qjlragula, the Coverlids or Carpets : Thefe we fometimes find under the Name of tor alia, on Account of their belonging to the torus, I'hus in Horace^ 'Ne turpe toraly ne fordida mappa Corriiget nares. Lib. i. Epift 5. 23. {a) Val, Max. lib. 7, cap. 5. And o68 7^^ E?2iertainme7ifs of Part II. And again, Et Tyr'ias dare clrcum illota tor alia 'vejles. Lib. 2. Sat. 4. On the Carpets were laid Pulvini^ or Pillows, for the Guefts to lean their Backs on. It would be endlefs to defcribe the Variety and Richnefs of the Furniture with which they fct off their Tables. It will be enough to obferve from Pliny, that, when Carthage was finally dcltroyed by Scipio Jfricanus, the whole Mafs of Treafure found in that City, which had (o long contended for Riches, Glory, and Em- pire, with Rome itfelf, amounted to no more than what, in Plh/y's Time, was often laid out in the Furniture of a Table (a). As to the Manner of the Entertainment, the Gueus in the firft Place bathed with the Mafter of the Feaft, and then changed their ordinary Clothes for the •v^/lis convivalis, or ccenatoria, a licrht Kind of Frock ; at the fame Time having their Solea: pulled off by their Slaves, that they might not foul the fine Carpets and- Furniture of the Beds. And now taking their Places, the firft Maa lay at the Head of the Bed, reding the Fore- part of his Body on his left Elbov/, and having a Piilow or Bolfter to prop up his Back. The next Man lay with his Head toward the Feet of the firft, from which he was defended by the Bolfter, that fupported his own Back, commonly reaching over to the Navel of the other Man ; and the Reft after the fame Manner. Being fettled on the Beds, in the next Place they wafh their Hands : — -Stratoque fuper difciimbitur cjiro ; Dant manibus famuli lymphas. Virg. IEx\. I. After this they were ferved with Garlands, or Rofes, and whatever other Flowers were in Seafon, which they did not wear onlv on their Heads, but fometimes too about their Necks and Arms. This too was the Time to prefent them with EfTences and Perfumes. The Number of Guefts is by A. Gelliiis ftated according to Varro, that they fhould not be fewer than three, or more than nine, to exprefs the Number of the Graces or the Mufts. The moft honourable Place was the middle Bed, and the Mid- dle of that. Horace defcribes the whole Order of fitting in his eighth Satyr of the fecond Book : Summus egOy y prope me Vifcus Sat>l?!ns, iff Infra^ Si mefnliii, Farius : cwn Servilio Balatrone (d) Nat, Hiji. lib. 33. cap, 11. Vihidius^ Book V. //^^ Romans. 360 Vibldius-, quos Maecenas adduxerat umbras, Nomentanus erat fuper ipfum, Porcius infra. So that infra aliquem cubare is the fame as to h'e in one's Bofom, as St. John is faid to have done in our Saviour's ; whence learned Men have thought^ that either the fame Cuftom was obferved in almoft all Nations, or elfe that the Jews^ having been lately con- quered by Pompey^ conformed themfelves in this, as in many other Refpeds, to the Example of their Mafters. At the Beginning of the Feaft they lay on their Bellies, their Breafts being kept up with Pillows, that they might have both their Hands at Liberty ; but towards the latter End, they either refted themfelves on their Elbows, as Horace fays, Languidus in cubitum jam fe c$nviva reponet. Sat. ii. 4. 38* And in another Placf, Et cubito remanete prejjb. Carm. i. Od. 27. or, if they had not a Aiind to talk, they lay all along ; all which Poftures are to be feen in the old Marbles, which prefent the Figure of an Entertainment. They feem to have brought in the feveral Courfes in Tables, and not by fingle Difhes : as Servius ohferves on that of Firgil, Mn. i. 220. Pojiquam prima quies epulis, rtienfaque remotte* But feme will underftand by menfa in that Place rather the Diflies than the Tables, becaufe it follows prefently after. Dixit, y in menfa laticum libavit honorem, unlefs we fuppofe that, as foon as the Table of VicSluals was re- moved, another was fet in its Place with nothing but Drink. They wanted no Manner of Diverfion while they were eat- ing, havino; ordinarily Mufick and antique Dances, and in an- cient Times Combats of Gladiators. Plutarch tells us, that "Julius Ccsfar^ once in a IVeat which he made for the People, had no lefs than twenty-two thoufand Triclinia ; which is enough to give an Idea of their publick En- ttrtaiiimentb. A a G H A P. ^yo 77jf Names of Part II. CHAP. XII. Of the Roman Names. THE jRi?w^« Names, which many Times grievoufly puzzle ordinary Readers, may be divided into four Sorts, the Names of the Ingcnui, or free-born, the Names of the freed Men and Slaves, the Names of Women, and the Names of adopted Perfons. The Ingetiu: had three feveral Names, the Prcenomen^ the Ko- men, and the Cognomen. Hence 'Juvenal^ Sat. v. 126. iS"/ quid tentaverU unquam Hifccre^ tanquain habeas tr'ia nomlna • The Franomen anfwers to our Chrl/l'ian Names, but was no* impofed 'till the afiuming ihc A^anlyGown. The Names of this Sort moft in Ufe, together with the initial Letters which ordina- rily ftand for them in Writing, are as follow : A. Julus^ C. Caius, D. Dtcius, K. Cafo^ L. Lucius, M. Ala- nius and Marcus, N. Numerius, P. Publius, Q^ ^inSiuSy T. Titus. AP. Jppius, CN. Cna:us, SP. Spurius, TI. Tiberius, MAM. Mamercus, SER. Servius, SEX. Sextius. The Nornen immediately followed the Pranomen, anfwering to the Grtscicin Patro/iymicks. For as among them the Pofterity oi Macus had the Name Macida., fo the Julian Family in Rcme were fo called from hdus or Afcanius. But there were feveral other Reafons which gave Original to fome of the Pranomens, as living Creatures, Places, and Accidents, which are obvious in Reading. The Cognomen was added in the third Place, on the Account of diftinguiOiing Families, and was aflumed from no certain Caufe, but ufually from fome particular Occurrence. But this muft be underftood principally of the hrft Original of the Name, for afterwards it was hereditary, though frequently changed for a new one. Grammarians ufually add a fourth Name, which they call Agnomen, but this was rather an honourable Title ; as Cato was obliged with the conftant Epithet of the IVife, CraJJus of khe Rich : And hence came the Africani, the Afiatici, the Mace- donici. Book V. the Romans. 371 don'ici^ &c. Tully frequently ufes Cogncmen to fignify thefe Appella- tions, and there is no Need of being fo fcrupulous, as to exprefs ourfelves in thefe Cafes by the fourth Word. The Shives in ancient Times had no Name but what they borrowed from the Pranomefi of their JVIaftcrs, 2.s Lncipor^ Pub- lipor, Marcipsr, as much as to fay, Lucit puer^ Publii pue?-, &c. (a). When this Cuftom grew out of Fafliion, the Slaves were ufually called by fome proper Name of their own, fome- times of Latin, fometimes of Griscinn Original ; this was very often taken from their Country, as Davus, Syrus, Geia, &c. Upon their ManumifTion they took up the Pra:7Tomen and the Nomen of their Mafters, but, inftead of the CognoJtien, made Ufe of their former Name ; as Marcus TuUius Tiro, the freed Man of Cicero. After the fame Manner it was cuftomary for any Foreigner, who had been made a free Denizen oiRome, to bear the Nomen and the Pranomen of the Perfon, on whofe Account he obtained that Privilege. The Women had anciently their Prccnomens as well as the Men, fuch as Caia, Ccecilia^ Lucia, he. But afterwards they feldom ufed any other befides the proper Name of thair Family, as Julia, Alarcia, and the like. When there were two Sifters in a Houfe, the diftinguiftiing Term was Major and Minor : if a greater Number, Pri?na, Secunda, Teriia, ^arta, ^intOy or by Contrailion, Secuudilla, ^mriilla, and ^dntilla. Adopted Perfons aflumed all three Names of him who obli- ged them with this Kindncfs, but, as a Mark of their proper Defcent, added at the End either their former Nomen or Cogno- nen ; the tirft exa£ily the fame as before, (as ^. Scrvilius Cepio Agalo Brutus, the Name of M. Junius Brutus, when adopted by ^. Scrvilius Cepio Jgalo :) The other with fome flight Altera- tion, as C Ociavius, when adopted by Julius Ca:far, was called C. Julius Ccrfar Odavianus. Though the Right and the Ceremony of Adoption be a Sub- ject properly belonging to the Notice of civil Law\'ers ; yet it cannot be amifs to give fome little Hints about the Nature of that Cuftom in general. Every one knows the Meaning of the Word, and that to adopt a Perfon was to take him in the Room of a Son, and to give him a Right to all Privileges which accompanied that Title. Now the Wifdom of the Rofnan Conilitution made this Matter a publick Concern. [a] ^iJr.EiHian, Lijiittit. lib. i. cap. 4, Pin. N, Hift. lib. 33. cap. i. A a 2 When -jy2 7'he J^oney of Part II. When a Man had a Mind to adopt another into his Family, he was obli'^ed to draw up his Reafons, and lo offer them to the College of the Pont'ipcfi^ for their Approbation. If this was obtained, on the Motion of the Pontifices, the Conful^ or fome other piime Magiftrate, brought in a Bill at the Comitia Curiata^ to make the Adoption valid. The private Ceremony confifted in buying the Perfon to be adopted^ of his Parents, for fuch a Sum of Money, formally given and taken ; as Suetanius tells us Augujius purcbafed his Graodfons Caiui and Lucius of their Fa- ther Jgr}ppa. Julus Gellim makes a Di(lin<^ion between Adoptlo and Arra- caiio, as if the former belonged only to the Care of the P}a;t or ^ and v.-as o;rantc:d onlv to Perfons under Age; the latter to the Cog/jizarKC of the People, and was the free Act of PerTons grown tjp, and in their oivn Power; but we Jearn from almoft every Page of Hiftorv, that the Rovwns were not fo nice in their Practice as he is in his Obfervation. CHAP. XIII. Of the Roman Money. I N enquiring into the Difference and Value of the Roman ■^ Coins, we may begin with the loweft Sort, that of Brafs. The £s then, or moft ancient Mone3', was firft ilamped by Ser- viui Tuliius, whereas fonnerly it was diflinguirned only by Weight, and not by any Image. The firH: Image was that of Pecus^ or fmaii Cattie, whence it took the Name of Pccunia, Afterwards it had on one Side the Beak of a Ship, on the other a yanus -, and fuch were the Stamps of the As ; for as for the Tr'nns^ Ji^uadranSy and Sextans., they had the Impreffion of a Boat upon them. A long Time did the Romans ufe this and n© other Money, 'till after the War with Pyrrhus^ A. U. C. 484., five Years before the firft Punk War, Silver began to be coined. The Stamps upon the Silver Denarii are for the moft Part Waggons with two or four Beafts in them on the one Side, and on the Reverfe the Head of Rome^ with an Helmet. The Vic- tor'iiiti have the Image of Vi£lory fitting, the Se/Iertii^ ufually Cajler and Pillux on the one Side, and both on the Reverfe the fuuge of theCity; lb the Cuflom cqntiiiued during the Com- monwealth, Book V. //'^Romans. 373 monwealth. Aiigujiiti caufed Capricorn to be fet upon his Coin, and the fucceeding Emperors ordinarily their own Effigies ; Laft of all came up Coin of Gold, which was firfi fiamped, fixty- two Years after that of Silver, in the ConfuKhip of J'/. Livms Sallnator^ with the fame Stamp and Images, So much for the feveral Kinds of Money j we may now proceed to the feveral Pieces under every Kind. The jis was fo named quafi y^s, oi Brafs, being of th^t Me- ta], and at firft confifted of i lb. Weight, tilJ, in the firft Punic War, the People, being greatly fmpoverifhed, mr.de 6 Jjjrs of the fame Value out of one. In the fecond Punic War, Hanri- bal preffing very hardly upon them, and putting them to great Shifts, the Ajjei were reduced to an Ounce apiece j arid in Conclufion, by a Law o^ Popirinsy were brought down to half an Ounce, aiad fo continued. The v/s contained the tenth Part of the Denarius^ and was in Value of our Money about ob. qua. The SemiJJes^ or Semi-^s, half as much. The Triens was the third Part of the Js, the ^{adram the fourth, by fome called Triuncis and Teruncius^ becaufe it contained 3 Ounces, before the Value was diminifhed. The Sextans., or fjxth Part, was that which every Head contributed to the Funeral oi Mene- rtius Agrippa^ but thefe were not fufficient for Ufe, and there- fore there were other Pieces made, as the Uncia, or twelfth Part of the Found, the Semuncia of the Weight of 4 Drachms, and the Sexiula, or fixth Part of an Ounce. Farro fpeaks too of the Dccujfis., in Value 10 AJps, or of a Denarius; the VicfJJis of two Denarii^ and fo upwards to the Cenlujfis^ the sreateil Brafs Coin, in Value joo JJJcs, 10 Denarii, and o four Money 65. 3^. For the Silver Money, the old Denarrta was ?o named, be- caufe it contained Dems Mrjs or JJfes, 10 AJfes, thjougb itsWeight and Value was not at all Times alike j for the old Roman De- narius, during the Commonwealth, weighed the feventh Part of an Ounce, and was in Value of our Aloney 8 d. oh. q. with i c, but the Denarius, which came up in the Time of Claudius, or a little before, weighed exa£lly an Attic Drachm ; ;b that the Greek Writers, when they fpeak of it, for every Denarius mention a Drachm, which of our Money was worth 7 d. sb. Computations are generally made with Reference to this new Soif of Denarius \ if Refpec^ be had to the ancient Time^, then fiW Reckonings are to be increafed one feventh Part, for juft fo much the old one exceeded the new. When we meet with Bigatus and ^uadrigatus, we mufi underftand the fame Coin as the J^enariusy fo called from the Bigis and ^tadriga damped A a 3 upon 374 ^'^^ Money of Part II. upon it. There was another Coin called Fi^oriatus, from the Image of Vidory upon it it, firft (lamped in Rome by an Order of Clcdius^ in Value iialf a Denarius^, and therefore named alfo ^{:mrr:us, as containins; the Value of five J[[ei\ it was worth of our Money 3 d. ch. q. The next that follows, and which makes fo much Noi(e in Authors, is the Se/iertius. fo called quaft fefqultertius^ becaufe it contained two AJJes and ahalfj being half the V'i5lori(iimad/ (the battering Ram) 238 Armatura 2 1 5 Armenia (made a Province) 2 1 Armillts 2 2 1 Armorum ccncuJJJo 209 Arms of the ^owflw 199 Arrcgatio 372 Arujpices, - vid . Harujfices. Ji 373» ^c. ASCANIUS _ 2 Affyria (made a Province) 2 1 Attdlanee (Sort of Plays) 288 Athens taken by Sj//<2J) 1 3 .^if/rfl'// 3 I I ATT ALU S (King of Per- gmnus) 1 3 ATT I LA the //.//; 27 Auclcrali 272 ^•i-f>«j (River) 32 AFENTINUS (an y^/.^fl« King ibid. Augur ale 205 Auguries 67, 68, 69 Augurs ibid. AUGUSTULUS 28 AUGUSTUS, Vid. Oc- ta'vius A VITUS 28 AULUS PLAUTIUS 18 Aurti Daiio.rii 2i7^ AU RE LI AN 24 All/pi^ ia 191 All/pi CCS 68 Aujpiciis fuis rem gerert 227 Aitxiiia 1 8 2 B. Bacn'os 56, 57 r7\'i75 2J ^fl///?« 238 Barritus 2 09 BaJtliCfg 48 Bufilicus (a Throw on the Dice) 249 Battalia of the Romaits 203 Beds of Images carried in Proceffion at Funerals 346 Beneficiarii 1 89 Bejiiarii 146, 268 Bidental 336 Bigatus 373 ■S'^'^ _ 257, 373 Biremis 243 Bijfextus dies 88 Blood-letting a Punifhment of the Roman Soldiers 220 Borrowing and Lending of Wives among the Romans, probably a Miltake, 332, ^c. Bridges o'i Rome 38 BRITAIN 17,18,22 BRUTUS 5, 6, 15, 16 Buccinalores 208 Buccin ^3^ C .E S A R 14, 15 C'jlcei Lunati 323 Calcei mullei 324 Cfl/a///' 248 Caligati 325 Calig.-e ibid. Caliira Speculatcri^ ibid. CA^LIGULA 17 CAM I L LUS _ 7, 8 Camp (Form and Divifion of it) 210 Campagi 324 Campidodores 2 1 5 INDEX. Campus Mnrtius 47 Campus Scekratus 79 Candldatus ' 1 06 Candidatus Frincipls I 1 5 Canlcula (a Throw on the Dice) 249 Canna (the Battle there) 1 1 Canlabria (fubdued) 17 Capitol 39 C^/i/^tf'oc/a (mnde a Province) 17 Caps and Hats ordinarily ufed by 'Cn.Q Romans 308,320 Capite ce7ife I 3 I Caput porcinum 206 Carceres 46 CJRINUS 25 Carmen Saliare J^ Carnifex 1 2 3 Carthage (deliroyed) J 2 CJRUS 25 CASSIUS 15, 16 Cajira a^Jii^va 211 hyber?ia ibid. fiatinja ibid. Catapult a 239 Catajlafis of the Drama 286 Catajlrophe of the Drama ibid. Catilinarian Confpiracy 14 CJTTI 21 Cavea 44 Celeres 1 20 Celeujles 244 C^///2 of a Temple 41 Cenotaphia 359 Cenfors 1 1 2 Cenjorii 1 94 Cenfus 112 Cenfus put for a rich Man 170 Centejlmatio 2 1 9 Centiim-viri litibus judicandis 1 2 2 , Centtiria prarogati--va 132 Centuries 130 Centuries, or Qrdincs, of Soldiers 190 Centurions 193 CenJiurio7ium primus 1 94 Cerealia 95 C(y?«j (the Exerciredefcribed)255 Chariot Races Charijla ChircdotiC Chlamys vid. alicata. Chorus 290. CICERO CIMBRI CinSlure of the Gown ibid. 93 3H 312 CitjSiiis Gabinus V^l Circenfian Shows Circus maximus Circuitio Figilum Ci-vilis quercus Ci'vitates feeder atee Infra claffem Clciffes Clafjici authores Chjficum CLAUDIUS CLAUDIUS the Second 24 »4 13 307 308 252 . ^^ ibid. 214. 22 c 233 131 130 ibid. 209 18 Cla-ti Clavum paftgere CL^LIA CLEOPATRA Clients Cloacts 31 109 6,7 15' 17 97 58 Clofing of the Eyes of departing 339 328 366 ibid. 371 191 ibid- 5 35 53 ibid. Friends Clujium COCLES Coemptio Coenacidum Ccenatio Cognomen Cohors Pvfetorla Cohors prima COLLATINUS Collis DiafiiS Hortitlorum Pincius ■ *^7/lrt II nil c 31 Coliocaiio I N D E X. CoUccatio Colonies Cclumna bellica Coluntna rojirala Columns or Pillars Comitia ■ Calata Centuriata — Curjata Tribuia 231 .54 ibid. 53 12S, ISc. 129 ibid. 129, Comitium COMMODUS Commons Companies of Charioteers vid. Fan 10, ' the Golden the Purple the Silver 133 5° 22 97 255 Conclaviatio ComuJpiO armorum Confarreatio Congiaria Conquijitorcs Confecration ofTempIes Confecration of Emperors . of Friends 2? 5 ibid. ibid. 342 209 328 220 18s 40 366 ibid. CONST JNTINE the Great 25 Conflantinople ibid. CONST JNTIUS 26 CONSTANTIUS CHLORUS 25 Ccnfulares I q^ Confuls 107, ^x. Confulares ordlnarli 1 08 Co-nfuhs ji'ffedi ibid, CORNELIUS SCIPJO 12 Comiciites 208 CerTiua (Mufick) ibid. Csnrua (Parts of the Army) 192 '231 222 221 222 ibid, ibid, ibid, ibid, ibid, ibid. SaB Corcnn venire CtA'ona Cajlrenjis ■ ■ ci'vica muralis -r— — na'valis • D hfjiiio na //> " rojlrata •—• — -triiiinphnVis Cdxh^ autetf Cerjtca (fubdtied) Cor'vus (Engine) Corybantes Cothurnus Cottian Alps CRJSSUS Crtpidte Cretata ambiiio Crimen adulierii • •ajnbitus M^ — inter ficarios — majejiatis - p arricidii ' " • p ecul^tus • perdtieilionis ' I'f^g'' ' . repel undarum 'veneficii ^jis publica Crifla Criipellarii Cucullus CukitriS Culeus Cultrarii Cuneus Curetes Curia Hojlilia Curia Pompeii Curiae Curio Maximus Ciiriones Cu/ios puerpera CybiU's Prieil D. \o 240 81 288 18 14 325 307 138 ib.d. ibid. ibid. 126, 138 138, 146 126, 138 131 138 126, 138 iSS ibid. 501 276 3»7 367 146 ^6 305 51,81 48 ibid. 47^48 129 ibid. 311 8i Daci 2 1 Dacia (made a Province) ibid. AafclvM^ TTiiZctv 280 Dalmatia (fubdued) I J Damnum I43 Dapes jcdinres J 5 Decemjiiges z>^6i Decemviri 1 1 7 Decpn'viri litibus judicapdis 12 3 Decemviri, Keepers of the Sybil- line Oracles DECS I N D P£C// 198 Decimatio 219 DECIUS 23 J) ecu ma 233 Decumam ibid. Decuria 129, 192 Decuriones »95 Decurjio, at Funerals 357 Decufis 366 Deiluilores 107 Defsnfto 139 Def until pre rofris laudatio 5 i , 351 DejeJiio e rupe Tarpiia H5 Delatores 142 Delubrum 38 Denarius 373' ^'' Decennalia 360 Depontani 132 Deportati 144 Deportatio ibid. Dejignatores 305 Devoting of the Generals 198 Diadem 322 DIJDUMEN 23 Dibaphus 318 Diclator log, ISc. DIDIUS JULIAN ' 22 Didrachmi 374 Diet atri 90 comitiales ibid. ■comperendini .,9' ' fajh ibid. feJii .u-^9 interciji ibid. ——praliaret 9^ prbfejii 89 90, pojiriduani 90 ftati 91 Diem dicere reo 141 Airi^sg 242 Diffarreatio 328 £k\KO0T0<; 242 DIOCLETIAN 25 Dira 68 Diri bit ores ^2 D^fctptatio iiaricationis Sui yuaum initti JUGURTHA Jugurthme War JULIAN Julian Account Jupiter Feielrius Jure vocat^e (Centuries and Tribes) Jus ci'uile Jus civitatis Jus dicere and judicare (the Difference between them) 1 1 2 Jus honorarium 1 49 Jus imagixis 99 Jus Papirianum 1 48 Jus trium liberorum l b' i ■--^ In jus reum 'uocare 136 — In jus 'vocatus aut eat aut fatijdet ibid. Jut amentum calumniis 13^ JUSTINIAN 149 120 26 75 J42 '5 '38 fJc. 138 122 137' '41 ibid. 136 231 13 ibid. 26 S8 132 149 130 K. Kalends 92 242 Kxlxr^Mfjiala ibid. Kifiing of the dead Body 338 Knights 98 Knights Eftates ibid. Kcr.TriOes 325 L. LABERIUStheMlmkk 285 Lucerna Lacernata arnica Laciniam traherei Ltena Lanilta: THUS LARGIUS FLA- VIUS the hrit Didator LATINS LATIN US Latio Sententice LATIUM Lcttrones Latrunculi Laudatio (a Cuflom at Try- als 140 LA FIN I A 2 LAVINIUM ibid. LAUREN TIA ibid. LAUREN TUM ibid* Laws 148, i^c. de adulterio iff pudici- tia ^ 175 Agrarian 263 . de amlhu 177 — . . of the AfTembliesand 217 320 307 l\l 109 7 2 140 2 249 24S IVIeetings of Citizens of Conftitutions, Laws, and Privileges of Corn of Crimes of Expences Falft of Judges — of Judgement ■ of Magiftrates de MajeJIate l5c - of martial Affairs - Mifcellaneous - of Money, Ufury, - de parricidis -de pecuniis repctundts 154 152 160 165 173 I&6 175 171 173 ^57 »74 168 180 170 175 178 - of ■I N D E X; •* Cornelia 150,151, »53. »54» • Governors 161 157> I58» iS9» 161, 167, 74» ' ' of Religion 150, &c. 175' 179 ' of the Senate J75 ' Curia »55 Inter Sicarios ibid. Didia i66 de Tutelis 169 Domitia J5» de Vi 176 Fabia »77 of Wills, Heirs, and Fannia 166 Legacies »73 Flaminict 164. Leagues (how made) 229 165 heSii tricliniorum, or tricUni- 170 ares 367 — — Tufia 154 LeSlicte, or LeBi (Fu neral Gabinia 1 55, 156, 168, Beds) 348 i7i» »74 Legati 127, 196 Gellia Cornelia '54 • Confulares ibid. — ' — Genutia 157 • • ■ prietorii ibid. Hieronica 166 Legatio libera 157 — — Hirtia 158 Legej (how they differed from Hortenjia 160 Plebifcita) 134 Julia 162, 163, 165, 167, Legions 191 172, 174, 175, 178, 179 Leffm 346 Julia de Civitate 153 Levy of the Confederates 1 88 . Julia de maritandis or of the Foot '83 dinibus I So of the Horfe 185 Julia Papia i8i Lex Actlia 179 — — Junia 153' 179 177 lOo ^liq »53 159 ——^mylia 167 — — Latoria 169 •Ampia Lahiena 171 — — Licinia 151, 152, 163, 166 ■ ■ 'Antia 167 Licinia Albutia 160 Antonia 15!, 1 5 9, 172, 174 • Licinia Matia ^53 Apuhia 174 Licinia de Sodalitiis 177 Atta *5^ • ' ' ■ Livia 171 At ilia 169 •. Livia de Sociis ^53 '• • Atinia J 59 165 Alifdia »77 — — Manilia 165, 169 Aurelia 159, 172 151 160 Marcia 158 — — Cescilia dejure Italia l^ . Maria 1^5 iributis ioUendis 180 ' ' • Maria Portia 168 —Calia iSS — — Marita 180 ^——Calpurnia 178 - Memmia ^7S 165 ' ' Muneralit ibid. Caffia 155, 156, 163 • Oguinia 150 »73 — — Oppia 167 171, 182 — Orc/^ia 166 -^-^Cltfdia 151, 168, 152, 163, 165, 176, 182 B b . Papia INDEX. p ',ia Poppa: a Fapir:! . P'autta I •-Po7npeia i5» = J53 182 15°' '55 172, 176 159' ^7^' '73* 176, 178 Porcia 1 5 2 -Pup! a I 57 Rfinmia 1 7 3 Rofcia I 5 2 1 bacrata militaris 168 Scatiniii or Scant inia 1 75 . Sempronia I53, 155, I56, 158, 161, 164, 165, 168, 171 ^enlia 1 5 6 Srr-viUa 153, 163, 17 1, 1 79 • Sextia Licinia I50, 158 Sil'jaiii Sc Car bonis I 5 3 — Sulphia 154, 156, 168 •— ■ — Sidpitia Scmprcnia —■rrTcycmia Cajjia — — Thorict — — 27/?^ •— — frcbcnia TuJUa — — de Vacatione 151 fahria Lidores Litem intendere Litcfig laureat^e LitHUS 150 J 65 164 163 163 ^il^ 177 i59» 'Valeria Horatia ■Varia ■ Valinin -V'Alia annalls -Voionia 152, 159, 170 LIARIUS or GLTCERIUS Libmnina prima Libatio Libclla Libelli (Bills for a Sv\-ord- Play) Liber ccnfu, !^c. Liberti Libfrti}ii LIB IT IK J 340 Libitinaiii ibid. Libra 375 Libri elcfbanliai 4 1 Libnrnicee 2^3 Lie IN IV S ZT 12± 136 223 68, 208 LIVIUS JNDRONICUS 283 Lorica 202 Zw« 43 LUCIUS ANTONINUS 283 LUCRETIJ Luiliis annuus LUCULLUS Ludi Atllaci ———Apollinares Augujlales — — Capitolini Cereaks — Circenfes , Compitalitii ■ ' ■ ■ Conjuaies 152 174 162 170 28 85 ibid. 37i 277 100 ■99 ibid. 5 362 13 303 297 299 298 296 252 599 298 304 296 304 ibid. ibid. 302 297 296 304 ibid. 299 271 303 298 271 299, l^c. 28?, l£-e, / '^oti'vi 3 ^ " Lndit and Hijlrionei at a Fu- neral 245 Liipercalia t>-f j ".^ Lvpci-ii 64 .Li'pivci Fabiani 65 Lupin: -Decennahi — F lor ales — Funebres —Ju-cenales — Juventutit — Magni — Martiahs — Megalenfes — Mifcelli — Natalitii — Palatini — Pontijicales • — ^inquerinaks — Rojnani — -.mcer dot ales — Siccularss — Scenici — Triumphuu.i I'icioria I N D ■Lujirum Lvftrum condere Laying on Couched Table at the 366, 65 113 Ibid. E X. M. Magtfter equ'ttum 1 00, 1 1 o Magiftrates j 05 ■ when admitted 131 when defigned ibid. Magijiratus curules 1 05 Magijiratus extraordinarii ibid. m ■ majores ibid. ■ "minores ibid. •<—■ mixti ibid. < ordinarii ibid. ■ Patricii ibid. — ^ Plebeii ibid. ■ 1 Pro-vindales ibid. Urbani ibid. MAGNENTIUS 26 MAJORIANUS 28 Mandatores I42 Mandatum 1 3 5 Manipulus 1 90 MANLIUS 8, 10 Mappa 257 MARK ANTONT 16, 17 MARCUS ANTONINUS 22 MARIUS 13 Marriages 326, ^c. Marriage by C//^ 3 1 8 Proper Time for Marriage 327 Matronalia g^ Max'/^^^ Ships of War 243 MAXENTIUS 25 MAXIMIA N ibid. MAXIMIN 23 MAXIM IN IAN 25 MAXIMUS 28 Mtgalejiee 29 6 Merddimis or Merddonlus 88 Mereuda 365 h/[scroTs6^(pu^ov 3 '5 Mffopotamia made a Pro- vince z 1 M/fl in the Circus 4« Metallid 147 Miliarium auretim 55 Milites fuhitarii 185 Mimus 284 MiKer-va 9+ MiJJilia 207 Mijfus (the Matches in the Races) 256 Mijfus feran'us 257 Mir HRI DATES King of Pe/z/i^j 13 M;Vv« 321 Mittere judices in confilium lAO Mola ^5 Mcneres 243 Of the Money 3 7 2: ,bV. Mow/ A'ventinus 32 Angujfus 31 — Caballtts or Caballinus ibid. Callus ibid. — — Capitolinus 30 Ejquilinus, exquiiinus, 01 excubifius 32 -— Murdus ibid. Palatinus 30 lanus 31 — Remonius 32 < Saturni 40 — Tarpeius ibid. 33 • Fiminalis 32 Monto-nus 33 Mors (Capital Punifhment) 145 Mortuaria glojfaria 34^ Morning 362 Mourning Habit 349 Munidpia 232 Munus pronundare, or propo^ tiere 277 Mufculus 237 Mufick of the Army zo3 MUTIUS 6,7 Myrmillones 270 N. Nania 346 B b ? Of INDEX. Of the Names 370 Katalis urbis 93' 94 Na<'al Affairs of the Ro- mans 239 ,l^c. Naves apertce 243 conjirat/e ibid. longte 242 ' one arixxh; 243 O LTB RIUS 28 Omne tulit pundum 133 OPILIUS MAC Rims 23 'O'us'^ilayccyo\ 242 'O'577>c/iia;i(^oi 277 Opt i mates 98 Opt tones 194 Orchejlra 44 Orcini ICO O) dines primi 193 ORESTES 28 ORMISDAS 50 Ornare ApparitorihuSy Scrihisy 8iC. 125 O / «ar/ pro'vincia ibid . OJfikgium 358 0/?/a (the Port) 239 OSTORIUS SCAPULA 18 orno 19 Ovation 224 OW/a 132 P. PaSium 136 Paganica (a Sort cf Ball) 251 Palantes 30 Palaria 2 1 5 Palatium 30 P^^£5 94 Palilia 95 Pa//a 3 1 9 Palladium 77 Palliate (Plays) 287 P alii at us 309 Palmyra 24 Paludamentum 1 97, 312 /"a/ft^ Caprete pj Pannici terrores 209 Pannonia (fiibdued) 17 PANSA 16 Pantheon 39 Pantomimi 285 PAPIRIUS CURSOR 8 Paragaudis 3 1 5 Par impar 251 P«r/tf INDEX. Paria compentre Parma Parricidium Pater patratus Patibulum Patres confcripti Patricians Patrons Pay of the Soldiers Peiiorak Pecuu'fi ■ extraordinaria • ordinaria 97. 278 199 76 146 102 97 '35 217 202 372 234 ibid. 16 243 253 243 ibid. 3>2. 317 H5 PEDIUS JJivTiViovlopog Pentathlum Penula PercuJJio fecuri TlEpTTOfXpupOV Perones PERSEUS Perfona PERTINAX Pefcia Peta/us Petere PhaUra PHILIP I ■ I (of Macedon) Philippi (the Battle there) Phrygians (Prieils of Cybele) Pias Pila trigonalis Z^ 1 Pilh^Jior palatii — — prinripis ^ ctjlores peregrini IJrbam 37 256 373 242 132 112 122, 128 109 ibid. ibid. ^uccficrii ^efiorium Qujeftors ^inarius (Coin) Lucim xlJJlNTIUS Quincunx S^uindecvn 'v'lri (Keepers of the Sibylline Oracles) 79 Qutnquo.trusy or quiiiquatria 94. ^uinqueremis 242 9uin' 194 211 114 373 7 203 INDEX. f^inquertium <^INCTILIUS ^iris (Dea) R. lR.adius Recuperaiores Referre adfmatum Regions of the City REGULUS Regulatio R EMUS Renunciari con/ul, &Q. Repetere Repotia Repudium »■■ -miitere 253 211 328 252 135 ?03 34 10 144 233 134 278 331 ibid. 332 274 185 145 S. Sabines 7 Sacelluin 3 ^ Sacramenta (put for milites, or militia ) 188 Sacrifices 84. SaaofanSit (the Tribunes fo called) S.eculum Sagittarii Sagiim Saiii Collini, or Agonenfes Palatini Retiarius Review of the Cavalry Reus Rex facrorum, ox facrijiculus 73 RHEA SILVIA i, 2 Rings (taken oiFfrom Perfons jull expired) 339 Robigalia _ 95 Robigo, or Robigus ibid, ^o^z^r 145 Rogatio 130, 141 /?o^aj _ 35 Romanty 15 ci'ves Romani, the Difference between them 232 ROME built 3 . Sacked by the Gauls 8 . Sacked by Genjeric' 28 ■ Taken by Qdoacer ibid, — The Circuit of it in the Reign of FisZer//?* 34 Number of Inhabitants ibid. ROMULUS 2,3,4 Rorarii 129 /J 5C/C/ 5 the Player 295 Rudiarii 2 80 Rudis (the Reward of Gladia- tors) iiid. Saliju bulks SallujFs Garden Salutatio imperatoris Salutatores Samnite Gladiators Sandapiloms Sardinia (fubdued) Sarmatians Satire Satura hijiori^s Per Saturam fententias exqui- 116 301 199 313 47 75 ibid. ibid. 32 223 107 276 348 10 21 282, ^C. ibid. rere Saturnalia Saturnian Verfes Scena SC IP 10 Scorpio SCOTS Scriba Scriptura Scutum Scuta imbricata, • cvata Seftitijfe Seiiatores Securis Secutor Sejuges Sembella SemiJJts Semuncia Senaculum Bb4 ibid. 96 283 45 ii> 15 240 22 223 233 200 ibid. ibid. 136 107 108 275 256 374 373 ibid. 48 The N D 101, l^c. 99 98, i^c. lOI Tlie Senates Senatorian Age Senators Senator's Eilate Senators Sons (their Liberty of coming into the Houfe 105 Seiiatcres pedarii Senatu ejicere Ser.atus indi^lus legit imus ■■ ■ • ' authoritas cor.jultum -conjulta tacit a ibid. 102 ibid. ibid. 104 Senio (a Throw on the Dice) 249 Septu, ^r Ovilia 132 Septcmjiiges 256 Serra (Way of drawing up an Army) 206 Ser--jitus 1 45 SERFIUS TULLWS 4 Scfiertium 374, 375 Way of counting by Sefter- ces ibid. Sejicrtius 375 SEHkUS 22, 25, 28 SEFERUN Sextans Shoes £h wsofWildBeafls SIBTLS SIC .iMjRI C. SICCIUS Dentatus 6':cily (fi:bdued) Signs 01 Grief at Funerals Silicen:ia Sinus of the Goun Siticines Scccus Socii Sodahs Titii 77, Sodalitia Soua pulled off at Feafts Scrtitio judicum Spanijh Swords Spolia Dpima 28 379 322 265 80 J7 223 10 349 361 306 345 289 184 i^c. 177 324 368 ^39 199 277 76 E X. Sportula Spcrtum Stadia Stationet Status ofa Play Siibadium Stipendium Stola Stragula Strangulatio Subjula Succenturionet Sudts SUEFI Suggrundarium SULPICIUS Suo-vetaurilia Supplicatio SYLLA T. Tahella voti'va Tabella Tahernario' (a Sort of Play) Tablet marked vith A 133 marked with C marked with N L marked with U R TACITUS (Em per.) Talent Tali Talio Tarentine War TAR^INIUS PRISCUS TAR^IN the Proud Titus TATIUS Templwft Temple of Janus ' of Saturn Teruncius Terminalia Tejfera m. 46 213 286 367 319 367 145 242 75 194 Z\z J7 335 13 113 JZ3 245 130 287 » 140 140 ibid. 24 375 249 H3 8 4 6 4. 31 38 41 ibid. 93 243 210, 213 Tejferat Si tejferarum ludus Zi^g Teferariut INDEX. ib. Tejst'anus 7eJludo Teutones *rhalajftus Theatre ■ of Scaurus • of Pompey TAEODORIC the Goth Then/ft THEODOSIUS ^hracian Gladiators *J^iara TIBERIUS Tibia ' • ■ Dextr^s ' Impares • LydiiS " • Pares P^rygi^ • Sarran^g — — Sinijira Tibialia 7IGRANES Tzrones TITUS (Empcr.) Toga ■ alba — ' Candida <—— libera - palmata — — piaa »■ " fratexta '. /«//« ■ ' ' pura — — purpurea I ' fordida ■ I HJirilis Togatee (Sort of Plays) Togatus (oppofed to /* ConiTientarius de Obelifco. Jofephi Caftalionis, de Columna Triumphali Imp. Antonini, Com- mentarius. Fragmenta Veftigii Veteris Roma, ex Lapidibus Farnejianis nunc primum in lucem edita, cum Notis Jo. Bellcnii. Huic Tomo praemittitur Liuini Cruylii Defcriptio faciei variorum loco- rum Urbis Roma, tarn antiquas quam novaj, in XV. Tabulis aeri incifa. TOM. V. yacohi Gutherii, de veteri jure Poniijido Urbis Rom/e, llbri quatuor. Jo. Andrews Bojiiy de Pontifice Maximo Roma Veteris, Exercitatio Hiitorica. . Ejufdem, de Pontificatu Maximo Imperatorum Romamrum Exercitatio Hiftorica altera. Mic. Angelus Caufaus (de la ChauiTe) de infignibns Pontificis Maximij Flaminis Dialis, A'uguris, Sc inftrumento Sacrificantium. Jlugujiini Nipbi, de Auguriis, libri dico. Jul. Cafar Bullengerui de Sortibus '■ De Auguriis ^ Aufpiciis. . De Ominibus. -I De Prodigiis. ■ De Terrae Motu, & Fulminibus. Job. Bapt. Belli D'-i;riba de partibus Templi Auguralis. Johannes Pierius Valerianus de Fuxminum fignificationibus. Jujli Lipjii, de Fejia :x. Vejialibus, Syntagma. Ezechielis Spanhemii de Nummo Smyrna;orum, feu ds Fejia & Prytani- bus Gracoruntj Liatriba. Antiqus Tabulae Alarmores, f; lis effigie fymbolifque exfculpta?, explicatio, Audore Hier. Alexcr.dro juniore. Acceffit non abfi- milis argument! expofitio figillorum Zonje veterem ftatuam mar- moream cingentis. "Michaelis Angeli Caufa Deorum Simulachra, Idola, alizque Imagines aereae. Jo. Baptifta Hanfenii, de Jure-jurando Veterum, Liber. Stepharms Trslierius de Jure-jurando. Erycii Thefaur. Gr<€„ ^um vetus. Thomcf Den ier': Kale ^-i'um Rcminum. Du .':' Fttt'vu is-alefidan jm vetus Romanum, cum OrtU Occafuque Petri Caffcni'. Kak idarium Ruvz:inu7n a.mpendiofe expofitum. ■P^et^i FlsIo^ P^icetini de veteri nova que Romanorum lemporum ratione ;"«s,',.-. ". -. ..Hi Junius dfe Annis & Menubus. _^^ „^.,-r~, i , , , ' . I . ."ej ufdem Faftorum Hber. ^Joannes LalatnantJus de Anno /Jo.v; .«o. JW. 'jucohus Cbi'ijimanus de Kalendario Romano. Franc: JciLs Rohsrttllus Utinenjts de Menfium appellatione ex noml- nibns Irapp. yofephus Scaliger de veter: Anno Romanorum. Diony/ius Pcruvus de k'Cteri Anno Romanorum. Samnelis Petiti Ecloga; Chronologies de Anno & Perlodo veterum Rchiunorum. fVtlhelm-.is Langius de Veteri Anno Romanorum. Eryci Puterni de Biflexto liber. Petrus Ti:ffi?ius de veterum Romanorum Anno Ssculari, ejufque po- tiffimum per iudos Sasculares celebritate, eorumque Chronologia. Erycii Puteani dc Nundinis Romanis liber. E. Georgit Thciofat- de Syntaguiate Juris, Nundinis & Mercatibus. Joannis Baptifia 5^//V Diatriba AtPharJalid Confliilus Menfe Sc Die. Petri Morejlelli Philomuius, five de triplici Anno Romanorum, Menii- bus eorumque part bus, deque Die civili, & diverfitate Dierurai libri quinque. ■■ Alypius, five de Prifcorum Romnnonan Feriis liber. Julius Ceefar Bullengens de Tributis ac Vectigalibus Populi Romanl, Vincentii Contareniy de Frumentaria Rom^-normn Largitione, liber. Joannis Shefferi Agrippa liberator, five Diflertatio de novis Tabulis. Barnabas Brijfomus de Ritu Nuptiarum, & Jure Connubiorum. Antonii Hotmunni, J.'C. de veteri Ritu Nupnarum, obfervatio. . ■ , de Sponialibus, de veteri RItu Nuptiarum, & Jure Matrimoniorum, item de i^pur" s & I •gitimatione. Joannes Me-rjlus ce Lu.vU Romanoruiu. StaniJJai Kybyerz-kii, de Luxu '^^omauorum, Commentarius. Joachimi Joannis Muden de Coronis, Nuptiarum praefertim, facris & profanis, libellus. TOM IX. Onuphriiis Pawvimus Veronenfis de Ludis Circenfibus, cum Notis. Joannis Argoli ], U D. & additamenia Nicolai Pinnell J. C. Julius Ctsjar Bulkngerus JuliodmenJtSy Dodor Theologus, de Circo Romano, * Thefaur. Gr^v> Catalog, Rcmanoy Ludifque Circenfibus, de Venatione Circi & AmphitheatrJ, ac de Theatro. Ottuphrius Panviniui Veronetijii, de Ludis Saecularibus, liber. Jgefilai Marefcoiti de Perfonis & Larvis, earumquc apud Veteres nfu & origine, Syntagmation. Marquardi Freheri Lecropiftromachia, antiqua DuelH Gladiatorii Sculpti.tra in Sardonyche expofita. Cum Notis Henrici Gunterii Thulemaniiy J. U. Doa. Jufti Lipjii Saturnalium Sermonum libri duo, qui de Gladiatoribus. — — ejufdem de Amphitheatro liber : in quo forma ipfa loci exprefle & ratio fpeftandi : Ut &, de Amphitheatris quae extra Romam funt, libellus; in quo formae eorum aliquot & typi. Onuphrii Paifvinii de Triumpho Commentarius, Notis & Figuris il- lullratus a Joachimo Joanne Mudero. TOM. X. Kicolat Bergkriiy de publicis & militaribus Imperii Romani Juris, libri quinque, l:$c. ex Gallica in Latinam Linguam tranflati ab Henr. Chr. Henninio. Henr. Chr. Henninii Nots ad Bergierium. Franctfci Patridi Res Militaris Romana, ^xltalica in Latinam Linguami verfa a Ludolpho Neocora. Hygini Grammatici & Polybii Megalopolitani, de Caftris Romanh, quae extant, cum Notis & Animadverfionibus Rathordi Hermanni Schelii, Rat. Herm Schelii Differtatio de Sacramentis. », » — - — de Cuftodia Caftrorum. .. de Stipendio Militaris ., _ de Stipendio Equeftri. -. de Stipendio Duftorunl. . ■ . ■ — . de Die Stipendii, -. de Frumento & Vefte. ■II. ■ 'I - de Tribute & iErario. ■ — de Prseda. de yiftu Milltum. ■ " — . — de Itinera. • ' ■ ■■ de Agmine Polyhiano. ■■ — -. ■ de Agmine Vefpafiani. — • — • de Cohortibus Legionis antiquas. C. L. Salmajii, de re Militari Romanorum, liber. Opus pofthumum. Jo. Henrici Boecleri Diflertatio de Legione Romana. FranciJ'cus Robortellus Utinenjts. I. de Legionibus Romanorum ex Dione, lib. 4. II. de Commodis, Prasmiis, Sc Donis Militaribus, III. de Poenis militum, & Ignominiis. Erycii Puteani, de Stipendia Militari apud ^ctw«»w. Syntagma: qa» modus ejus, haftenus ignoratus, conllituitur. Vinctntii Thefaur. Grav. Catalog.' Vmcen'ii Contarcni, de Militari Romnnormn Stipendio, Commentarius. Michael Angelus Caufaus, de Signis Militaribus. Petri Rami, de Militia Julii Ca/ariit liber. T o M. xr. Ezechlelis Spnnhemii Orbis Romanus, leu ad Conftitutionem Anionini Imperatoris, de qua Ulpianus leg. 17. Dig. de Siatu Hominum, Exercitationes dua;. Fafli Magillratuum Romanorum ab Urbe condita ad tempera Divi Vefpajiani Augujii, a Stephana Vinando Ptghio fuppletis Capitolinis Fragtnentis reitituti. Defcriptio Confulum, ex quo primi ordinati funt ; five integri Fafti Confulares, quos Idatianos dodri viri haftenus appellarunt, opera &. ftudio Pbiljppi Lahbe. ^iroTiis Pro/peri, Aquitani, Chronicon integrum ab Adamo ad Roman captam a Genjerico, Wend. Rege. Fafti Confulares Anonymi, quos e codice MS. Bibliothecae Car/area deprompfit, et difiertatione illuliravit, F. Henricus Norris. Anonymus de Prsefeftis Urbi ex tcmporibus Gallieni ; ut & fragmen- tum Faitorum ab Anno Chrijli 205. ad 353. ex editione ^gidii Bucherii. Epillola Con4"uIaris, in qua Collegia LXX. Confulum ab Anno Chri- y?;c»^ Epochal XXIX. Imperii Tiberii AugujH decimo quinto, ufque Annum CCXXiX. Imperii Alexandri Se-oeri oclavum, in vulgatis Faftis hadenus perperam dcfcripta, corriguntur, fupplentur, &c il- luftrantur, Auclore, F Henrico Nons Feronenji, Augujtiniano. Sertorii Ur/ati, Equitis, de Nods Romanorum Commentarius. Difiertaiiones deNunimis Antiquis, civife in quatuor partes, Audlore Ludo'vico Sa-uoto. Ex Gallica in Latinam Linguam tranftulit L. Neoconts. Albe tl Rubenii Di/Tertatio de Gemma Tiheriana Sc Auguflcea. • ■ . de Urbibus Neocoris Diatribe. Marquardi Freheri, Confiliarii Palatini, de Re Monetaria vfiterum Romanoru'in, Sc hodierni apud Germanos Imperii. Robertus Cenalis de vera Menfurarum Ponderumque Ratione Luca Peti Juris Conlulci, de Mcr.furis & Ponderibus Rananis 8c Gre- ets, cum his qus hodic Rom>tone emendati, uc & a y^. Frederico Groncvio, Alexandri Serdi, Ftrrarievjis, de Nummis Liber, in quo prifca G^'^ro- rum ui Roma?uru7n Pecunia ad noiiri a^ris raticnem redieicur. C c TOM, Thefaur. Grav- Catalog. TOM. XII. Vincmtim Butius de calido, frigido, & temperate Antlquorum potu, & quo modo in Deliciis uterentur. jfulius Calar BuVengerus de Conviviis ; Libri quatuor. Ervc i Puieani reliquiae Convivii prifci, turn Runs alii, & CenfurJe. And-e^E Baicii, de Thermis vete,um, Liber fingularis. Fr niiija Roborte'h Laconici ; feu Sudationis, quae adhuc vifitur in ruiua Balnearum Pijanee Urbis, explicatio. Francijci Kar.a ' urrigii Nota; ad vetuftiffimam Urji Togatiy Ludi Piiac vitrea: inventoris, infcriptionem. il(f«»-/ «/ Z,/mi« Strenarium Hiftoria, a prima Origine per diverfas Rtgum, Confulum, & Imperatorum Romamrnmt nee non Epifco- porum cctates ad noftra ufque tempora. Marci y.eibomu, de Fabrica Triremium, liber. Conjianiiiu Ofelii de Fabrica Triremium, Meibotniana Epiftola per- brevis ad amicum. IJaaa Fojfii de Ti iremium & Liburnicarum conftruftione differtatio, Jacobi PhilUpi Thcmajtni, de Donariis ac Tabellis Votivis, libef fingularis. Vimentii Alfanii, de Invldia & Fafcino Veterum, libellus. Joamiis Sh-fferi, de Antiquorum Torquibus, Syntagma. Mich^elii Angeli Cauj'ai Differtationes tres, •- I. De Vafic, Bullib, Armillis, Fibulis, Annullis, CItvibu?, Tcfleris, Stylis, Stiigilibu , Guttis, Phialis Lacrymatonis, & de iVianibus icneis vota reteientibus. 11. De Mutini cjimulacris. III. De ^neis Antique urn Lucernis, OSiavii Ferrarii Differtatio de Veterum Lucernis Sepulchrallbus, Piclura* antiqujr Sepuichri Nafoniorum in Via Flaminia, delineatsr & tn incilce, a Petto Sanci'o Bartolo; explicate vero & illuHratK a 'Joannne I'etro Bdlorio\ ex i/^//r« Lingua in Latinam veitit Lu- dolphus Neocorus. Jaecbt Guiherii de Jure Manium, feu de Ritu, More, & Legibus prifci iuneris, libri tres. — — • Lhoaitius major, vel de orbitate toleranda ad Annum Re- bertum J. C- Pr^fatio. Petri Mortjlt;l!ifom]pa. Feralis, five jufta Funebria Veterum; Libri- decem. FINIS, "yW - om