MASTER NEGATIVE NO. 92-80493 MICROFILMED 1992 COLUMBIA UNIVbRSITY LIF3RAR1ES/NEW YORK as jxirt of iJie "Found;ifions of Western Ci\ ili/atioii Preservation Project 5*> Funded bv the NATIONAL LNDOWMEN T FOR THE HUMANITIES RcprodiictioTis may not be made vvitliout permission from Columbia Universily Library COPYRIGHT STATEMENT Tlie copyright law of the United States -- Title 17, United States Code - concerns the making of photocopies or other reproductions of copyrighted material... Coliimhia liniversity Library reserves the right to refuse to accepi a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. AUTHOR: KENNETT, BASIL TITLE: ROMAE ANTIQUAE NOTITIA PLA CE : PHILADELPHIA DA TE : 1822 Restrictions on Use: COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DEPARTMENT Master Negative # BinLIUGRAPIilCAULKUlUKM lARCFT Original Matcrinl ns Filmed - Hxisting Dibliugraphic Record r ! 870 X391 KennoV , Basil, 1G74-1715. Rome antiquae notitia, cr, The aiitiquitior. of Hone, in trro porta. To r/hich aro prefixed tac -r;- cnyc, concorninr ti;o Ronon loarninc and tho Roman | education, by Basil Konnctt... ^^-- Anoricar. -:d... Philadelphia, lliclTnan, 1022. j^^y. 1.20^-355 p. plates 22;j c::. TECHNICAL MICROFORM DATA REDUCTION RATIO:__//jC FILM Si::E:__j5:jiiJ^ IMAGE PLACEMENT: lA (tlA) IB JIB DATE FILMED:_^-j2:_-£j^2.^ INITI ALS_M:^1_^_^_XLIL FILMED BY: RESEARCH PUBLICATIONS, INC VVOODBRIDGE. CT f 1 r Association for information and Image IManagement 1100 Wayne Avenue. Suite 1100 Silver Spring. Maryland 20910 301/587-8202 Centimeter 1 2 3 jii ii iimiiiiiiiiiiiiiiiiiiiiii 4 5 6 7 8 9 10 iliiiiliiiiliiiiliiiiliiiiliiiiliiiiliiiiliiiiliiiiliiiiliiiili n 12 13 14 iliiiiliiiiliiiiliiiili m 15 mm m Inches 1 1 I ITT TTT 1.0 I I I I I kl IIII18 ■ 50 32 36 2.5 2.2 I.I 1.25 ■" i40 u. •- u ItoUU 1.4 2.0 1.8 1.6 \T\ J MfiNUFflCTURED TO RUM STflNDRRDS BY APPLIED IMAGE. INC. 876 K35I in the (City of ilcxu yovU GIVEN BY BoblonPutDlitLibTav ^ / A^^^/S /cPti^U^7^, I /J • I' ■ / / -Jb n\ • ^ ^^ % ^ \ t * i ti ^ y '-V 5 ,yi:i|»^:;}»ipi*jsfj;t:*'> N > '■^^r.^!... Chap. XIX. The llotnan way of taking towns, with the most remarkjiblti invenli(»ns . lul engines made use o\ in llieir sieges, • Chap. XX. The Nuval afi'airs ot the Romans, 2o6 240 I Jli I^ J^ A Y 1 . PART II. BOOK. V. MISCELLANY CUSTOMS OF THE ROMANS. Chap. I. OF the jirivuti- Sports .-inr! Games, Chiip. II. Of the CircensKin Shows, and first of the Pentathlum, the Chariot Races, tht- l.iuhis Trojic, and the Pyrrhica Sahalio, Chap. III. Of the Sliovvs oF Wild Btasts, and of the Naumachiac, Chap IV Of the (.ladiators, • Chap. V Of the Ludi-Scenici, or Stage-Plays; and hrst, of the Satires and the Mimic Piecrs ; with the rise and advances of such enter- taiimients amoi.g ih« Romans, . . _ Chap. VI. Of the Roman Tragedy and Comedy, Chap. VII. Of the Sacred, Volivf, and Funeral (iamcs, Chap Vin Ot the Roman Habil, . . . - Chu|). IX Of the Roman Marriages, . - - . Cha|.. X. Of the Roman Funerals, ... Chaf). XI Of the Roman Fntt rtainments, . , - Chap. Xll. Of the Ronian Names, - . - - Chaj>. XIII Of the Roman Money, - - - - INUKX Rerum et Verborum. -217 251 261 274 27K 286 295 31.] o21 340 360 030 ■4 or THE ROMAN LEARNING, WHOEVER considers the strange beginning of the Roman state, the frame and constitution on which it was first settled, c.uc*:iier with the quality of the original members, will tliink it no u^)nder that the people, in that earl j age, should have a kind of fierceness, or rather wildness in their temper, utterly averse to every thing that was polite and agreeable. This savage disposition by de«crees turned into a rigid severity, which encouraged them to rely ^olt^ly on the force of their native virture and honour, without bein- be- holden to the advantage of art, for the improvement of their reason, or for the assistance of their courage. Hence a grossness ..f in- vention passed current with them for wit. and study was looke^l on as an unmanly labour ; especially while they found that their exact discipline, and unconquered resolution, rendered them maste. s of nations much more knowing than themselves. All this is franlly acknowledged by their own authors: Literal in hominc Rnmano go for a wonder with Tully.« And Virgil, i„ a reign wlien aH the civility and learning of the world were transplanted to Rome chooseth to make the arts of government and war distimruichij.^ excellencies of his countrymen : ^ Exctidetit ulii spirant i a 7nni/i\s sera : Credo egiiidem. vivos ducent de marmnre vultiis .• OriJmnt causas 7nelius, c^d que vicntas Descrihent radio et surgentia sidrra dicent : Til rrgere i.nperio popuioi Romine, memento JLr tibt erunt urtes ; paasque imponere mot mi, Par cere subject is, et debellare super bos }> Oth.M's shall best inspire the mimic brass. Or Gill of marble carve a living face - Plead with more force, and trace tlie iieavenly roads, Oescnhing the wide empire of the gods • I he wand'ring stars to steady rules confine, \nd teach expecting mortals when the>'ll shine. I hee Heaven, brave Roman, fonn'd for" hig!, command : Re these thy arts, from thy victorious hand J o make glad nations own their peace bestow»d To spare the suppliant, and pull down the proud * Uc Nal. Deor. lib. I. De Senectute. ^ iEneid. 6. a ESSAY I. The reayon which Horace gives for the slow advance&ol'po«?sjr, will hold in every other part of polite learning : Se- us enhn Grwcis adinovit acumina chartis ^ Th«'ir little acquaintance with the fine wits of Greece, who had settled 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 highest attainments. Some kind of poetry, indeed, they had in their rustic times; but then the verses were such rude dojrgrel stuff, as old Ennius describes: Quulis Fawii v itesqut cnntbant^ Quum neqite Musuruyti scopulos quisquani supirarat, JVec iHctt atudtosus ei at, Cicero is inclined to think, that the old Romans might probably have gained some little knowledge in philosophy from the instruc- tions of Pythagoras, the famous author of the Italic sects who flour- ised in Italy about the same time that the Tarquins were expelled the city. But the ancient custom of singing to the flute the praises of famous men and great entertainments, is the oidy relick he can find of this doctrine, which was delivered in poetical numbers.'* Their intercourse with Greece began upon their undertaking the defence of that country against Philip of Macedon, who had a design on in its liberty, ab(mt the year of Rome 555; when, according to their usual practice, under the name of deliverers, they made them- selves rather the masters of that people. And then, Gr:Fcia capita fcrum victor citi cepit, et artes Intulit a^rtsti Lutio.^ The greatest number of eminent poets, especially dramatic w ri- ters, flourished between the end of the first and the third Punic wars; or from the year of the city 512 to 607. The most consider- able were Livius Andronicus, Nxvius, Ennius, Pacuvius, Accius, Csecilius, Plautus, Afranius, Terence, and Lucilius. And therefore Horace means only the first Punic war, when he says. Fa post Punka belia quietus, qwrrcre Cfpit, Quid Sophocles, et Thes/hs. et JEscliylus utile ferrent : Tentavit quoque. rem si digni ver cere posset S The studies of philosophy and rhetoric never made any tolerable progress before the arrival of the Achaians, who in the year of Rome 58tl or 587, to the number of a thousand, or more, were sent for out of their own country, where they had shewn themselves disaffected to the Romans, and were dispersed in several parts of Italy. Among these was the famous Polybius the Megalopolitan, whose great parts «= Lib. 2. epist. 1. ^ Cicero Tusc. Quacst. lib. 4. « Lib. 2. epist. 1. ^ Ibid. OF THE ROMAN LEARNING. m and learning not only gained him the entire friendship of Scipio itmylianus and Laelius, two of the greatest Romans in that age, but procured too tlie release of all his countrymen that remained after some years exile. iViost of that company, though not equal to Polvbius, yet being the principal members of the chief cities in Greece,' brought away a great .-.hare of the politeness and refined arts of that country : and being now reduced to a state of life, which took from them all thoughts of public action, they applied themselves wholly to the pursuits of letters, as well to divert the reflections of their banish- ment, as to improve and cultivate their mind.? In a few years their examples and instructions had wrought such a strange conversion in the Roman youth, that the senate, fearing lest the ancient discipline should by this means be corrupted, and the minds of the people softened and enervated by study, consulted liow to put a stop to this vein of politeness, so contrary to the rough and warlike dispositions of their ancestors. To this purpose we meet with a decree bearing date in the consulship of C. Fannius Srabo and M. Valerius Messala, A. U. C. 592, by which it appears, - that whereas Marcus Pomponius the Prsetor had made a report to the senate about the philosophers and rhetoricians, the fathers did here- by order the aforesaid Praetor to take cognizance of the business, and to suffer no such men in Rome."'* The eager passion for learning, which this prohibition had in some measure allayed, broke out with greater heat and force about six- teen years after, upon this famous occasion, as the story mav be made up out of several authors.' The Athenians having plundered Oropus, a city of BcKotia the in- habitants made their complaint at Rome ; the Romans referrin- the case to the judgment of the Sicyonians, a mulct of 500 talents' was iii.p<»sed on the Athenian state. Upon this account it was resolved, that commissioners should be sent to the Roman senate to procure a mitigation of the fine. The persons pitched on for this service were Carneades the Academic, Diogenes the Stoic, and Critolausthe Pe- ripatitic. About the time of their coming authors are very little agreed ; but Petavius and Cassaubon fix it in the six hundred and third year after the building of Rome. Most of the studious youths immediately waited on the old gentleman at their arrival, and heard them discourse frequently with admiration. It happened, too, that they had each of them a different way in their harrangues: for the « Cassaubon. Chronol. ad Polyb. et Comment, ad Sueton. de Gramraat _ S leton. de Clur. Grammul. cap. 1. A. Gell. lib. 15. cap. 11. 1 lut. Cat. major. A. Cell. lib. 7. cap. U. Macrob. Sat. 1. cap Li IV ESSAY 1. I felociaeiu e ol Carneades was violent and rapid, Critolaus.'s neat and j^mdoth, that of Dioij;enes modest and hober. Carneadfs one daj held a tull and accurate dispute conccrnin;^ justice; the next day hf refuted all tlwit he had said before, by a train of contrary arguments, and (juite took away the virtue that he seemed so tirmly to have esta- blished, This he did to shew his faculty of confuting all manner of possitive assertions; for he was the founder of the secon I academy, % sect which denied that any thing N\as to be perceived or under- stood in the world, and so introduced an univer>>al suspension of as- sent. It soon flew about the city tiiat a certain (Srecian (by whom they meant Carneades,) carrying all befoie him, had impressed so strange a love upon the young men, that, quitting all their pleasures and pastimes, they run mad, as it were, after philosophy. This to the generality of people was a very pleasant sight, and they rejoiced extremely to find theii- sons welcome the Grecian literatuie in so kind a manner. Hut old Cato the censor took it much to heart, fearing lest the youth, being diverted by such entertainments, should ]>re- fer the glory of speaking to that of acting. So that, the fame of the philosophers increasing every day, he resolved to send them pack- ing as soon as possible. \\ ith this design, cominq; into the senate, he accused the magistrates for not giving the ambas>ad(»rs a speedier dispatch, thcv being persons who could easi'v persuade the peo- ple to whatever Whether or no the common saying be true, that, if all arts and sciences were lost, they miu;ht be found in Virgil, it is plain he dived very deep into the mysteries of natural science, which he sets fortli in all its ornaments, in several parts of his sublime work. And in that admirable place of his second Georgic, when he expresseth, in a sort ot transport, his inclinations to poesy, he seems to direct its whole end towards the speculations of the philosophers, and to MKike the Muses hand-maids to Nature: Me vero prim in dulces ante oumra Musoc, QuaritVL sacri. ftro in^enti percuUus aviorc, Jccipiant : calK/uc vins et snUru niousticnt, Deftctus s'llis varros /.uncet/ue labores : Lfu/c trenior trtris qii • w marii ilt : fumescarJ, Obicibus rnptis runusr/uc in scipsa resiilant : QuiUt,:ntum Ocear.'i propcrent ae tin^cre soles liybenii f vef qua turdiis mora noctibus obstet. For mv the first (i.-sire whicii does coiitroul All the inferior wheels thai move my suu!. Is, t!iat the musi- me her hitjh priest woultl make ; Into her holv scenes of m\stcry take, ■Vui, opoij there, to my miiurs pureed eye, Those wonders which to sense the gods deny ; liovv in the moon such change of sh:»pcs is found ; I'he moon, the chunj^ing- world's eternal bound: ^Vhal shakes the solid earth : what stronj^ disease Dires trouble tlie far centre's itncient ease ; \\ hut makes the sea retreat, and what advance ; > arieties too regular for < hance : \Vhaf (iiivcs the chariot on of winter's light. And stops the lazy waggon of the night cowlkv. After Augustus, the Roman muses, as well as the eagles, stooped irom their former height ; and perhaps one of these misfortunes might be a necessary consequence of the other. I am very sorry when I find either of them attributed to the change of government, and the settle- ment of the monarchy ; for, had the maxims and the example (»f Au- gustus been pursued by his successors, the empire, in all probability, might have been much more glorious than the commonwealth. But ON THE ROMAN LEARNING. IX " Sir Will. Temple's Miscell. p. 2. Essay 2. Book l.Sat. 10. while a new scheme of politics was introduced by Tiberius, and the Caesars bejran to act what the Tarquins would have been ashamed of, the learning might very well be corrupted, together with the manners and the discipline, antl all beyond any hopes of a recovery. It cannot be denied, that some of the worst princes were the most passionate affecters of learning, particularly Tiberius, Claudius, and Nero; but this rather deterred other men Vrom such attempts, than encouraged them in their pursuits; while an applauded scholar was as much envied as a fortunate commander; and a rival in wit ac- counted as dangerous as a contender for the empire ; the first being certainly the more hard combatant, who dared challange his mas'^ ters at their own weapons. Whatever essays were made to recover the languishing arts under Vespasian, Titus, and Domitian (for this last too was an encoura^rer of poesy, tlumgh he banished the philosophers,) scarce served to ally better purpose, than to demonstrate the poor success of study and application while the ancient genius was wanting. In the six next reigns immediately following Domitian, learning seems to have enjoyed a sort of lucid interval, and the banished fa- vourite was again admitted to the court, being highly countenanced and applauded by the best set of princes Rome ever saw. Not to enquire after the productions of the other reigns, the useful labours of Tacitus, Suetonius and Pliny Junior, will make the -overn- ment of Trajan more tamous tlian all his feats of arms. If they are less happy in their language than the ancients, in other respects, per- haps, they have overmatched them ; the historians in the delicacy of politics, and the sincere truth of their relations ; and the orator in his wit and good sense. If we add to these Plutarch, who wrote most of his works m Rome, and was honoured by Trajan with the consulship, and Quintihan, who flourished a very little time before; they may pass lor the twilight of learning after the sun-set of the Au-ustan age or rather be resembled to a glimmering taper, which "asts a double light when it is just on the point of expirino-. It is an observation of Sir William Temple, that all the Ltin books, which we have until the end of Trajan, and all the Greek un- til the end of Marcus Antoninus, have a true and very estimable value; but that all, written since that time, owe their price purely to our curiosity, and not their own worth and excellence But tlie purity of the tongue was long before corrupted, and ended, m Sir W ilham Temple's judgment, with Velleius Paterculus under i ibenus The reason he assigns for this decay is, the strange resort of the ruder nations to Rome, after the conquest of their own country. Ihus the Gauls and Germans flocked in multitudes both to the Xll ESSAY I. army and tlic city, after the reducing; of those parts by Julius Cae- sar, Augustus and Tiberius, as many Spaniards and Syrians l»ad done before, on the like account: but the greatest continence of for- ei"-ners followed upon the victories of Trajan in the east, and his establishment of the three new provinces, Armenia, Assyria and Mesopotamia. And though Adrian voluntarily relinquished these new acquisitions, yet the prodigious swarms of the natives who had waited on his predecessor's triumphs, were still obliged to live in Roinr, in the condition of slaves. The greatest part of the succeeding princes, who found it so hard an entprprize to defend their ow n territories, had little leisure or concern to guard the possessions of the muses. And therefore Clau- dian, in those verses of his Panegyric un Stiloco: Htnc priscr reduent ortes^ftUcibus inde Jngftiiis aperitur iter, despectar/ue Musx CoUa levant ,- ■■ is guilty of a great piece of flattery, in making that minister the restorer of polite studies; when it is plain, that in his time (under Honorius) were the last strugglings of the Roman state. The Goths and Vandals, who soon carried all before them, might easily fright learning and science off the stage, since they were al- ready so much out of countenance; and thus render ti\e conquerors of the universe as rough and illiterate as their first progenitors. In this manner, the inundations of the barbarous people proved ♦•qually fatal to arts and empire ; and Rome herself, when she ceas- ed to be the mistress of the world, in a little time quite forgot to «peak Latin. 4 ESSAY II. OF THE ROMAN EDUCATION. IT is an obvious remark, that the strongest body owes its vigour, in a great measure, to the very milk it received in its infancv, and to the first knitting of the joints : That the most stately tree's, and the fairest herbs and flowers, are behol.lon f<,r their shade and beauty to the hand that first fixed them in an agreeable soil: An a.lvautage, which, if they happen to want, they seldom fail to de- generate into wildness. and to assume a nature quite different from the.r proper species. Kvery one knows how to appl v the same «b- servatum to u.orals. who has the sense to discover it in naturals. Hence he most renowned people, in storv, are those whose law- givers thought it their noblest and most important work, to pre- scribe rules or the early institution of youth. On this basis, Ly- curgus ounded the gh.rious discipline of the Spartans, which con- Thr'l . •"■ u T \ '''■'""'■ "'*'"'"' '''y considerable violation. il.e Indian Brachmans had a strain beyond all the wit of Greece beginning their care of mankind even before their birth, and em^ ploying niuch thought and diligence about the diet and entertain- ment o the.r breeding women; so far as to furnish them with .leasant imaginations, to compose their minds and their sleep wita the best temper, during the time that they carried their burthen.- settlemen ' ""^'^^-P-'-'J^ »'-■ --l"ct of Numa. that, in his sc tiement of the Roman state, he did not, in the first place, pro- de and constitute rules for the education of children ; Ind mikes ou::r;iT*f/-^''->'''-'P''-t>>-l-f cause of the set i" V o TT °*" ''"* ^'"P''' ''"•' -'-' contributed e IS t . he '"T u^' commonwealth... Thus much in.leed in s If t "^ "".'^ *'"= '""" '"^^""''"«' *'-t. in the looser 'trir *''.'/"*P"'^'' '^"^ ^''•■""ctul negligence of parents and in- 'ictors, with Its necessary consequence, the corruption and decay ' Sir Will. Temple's Miscell. p. 2. K,say ]. f lutarch. Con.par. of Xtima aiiU Lycurg. XiV ESSAY ir. OF THE ROMAN EDUCATION. XV of morality ami good letters, struck a very great blow towards the dissolvirii; of that glorious fabric. But in the rising ages of Rome, while their primitive integrity and virtue flourished with their arms and command, the training up of youth was looke .itwl |)ier«MiiUMits. For Cicero tells Atticus, in his second book de LcLcihtts, that when they were boys, they used to learn the fam- ous law.-, of the 'I'welve Tables by heart, in the same manner as they did an excellent poem. And Plutarch relates in his life of the youn;L;er (>ato, that the very children had a play, in which thev act- ed plead inii^s of cause-, before the judi^es; accusing; one another, and carryinjj: the condemned party to prison. The masters ahoady mentioned, toii;ether with the instructors in the several sorts of manly exercises, for the improving of their na tural s(ren«rth and force, do not projerly deserve that name, if set. in view with the rhetoricians and philosophers ; who, after that rea- son had displayed her faculties, and established her command, were employed to cultivate and adorn the advantajjes of nalure, and to give the last hand toward the f(»rmin;r of a Roman citi/.en. Few persons made any jjreiit fij^ure on the scene of action in their own time, or in history afterwards, who, besides the constant frefpient- uv^r of public lectures, did not keep with them in the house some eminent professor of oratory or wisdom. I have often thought, that one main reason of the prodijiious pro- gress made by youny; irentlemen under these private tutors, was the perfect love and endearment which we find to have been between master and scholar, by which means *:;overnment and instruction proceeded in the sweetest and easiest way. All persons in the hap- py ages of Ron\e had the same honour and respect for their teach- ers, as Persius had for his master Cornutus the Stoic, to whom, ad- dressing; himself in his first Satire, he thus admirably describes his own h^ve and [)iety to his governor, and the strict friendship that was between them : Citvique Iter (imhiguum est, et vitr nescius error JJiducit trtpiilas latnosn in attiijjita vitntes. Me tibi aufyposui . tenet os tu suic pis annus Sccrafico Cornnte, sinu ; tuucJullresoUrs ^ippoiit intort sejttndit regu/a viures ; 111 prctnitur t.itione annnus vincique lahurat, J\rujicem({ue tuoducit suh poUice vultuni. Tec m I tenim /ongos mnnitii consnviere ioles ; Et tet um p i^niis tpulis decupert. uoctcs. Jh um pus e! requiem p niter disp-mimus ambi>^ »^iti ut verecund - 1 ixau us seria itien.f.:. Nun quidejti hoc dubites ambomm fudore certo Co- sentire dies, tt ab uno sidere duci No^tr a vel quali suspendit t'^tnpora libra Pt rca tenax veri S' u nat Jiilelibus hora DtTJit in Geiiiivos C . .coruia f tn dunrum; Siifu numqut gr..:veii no tro lore J, t gimus vna. Ntnto quod certt est qw^i me tibi temperat astruju Just H\ the agt> wlun luuimo.! set iii lice, I then deposed myself, and left the reins to thee . . J OF THE ROMAN EDUCATION. Oil iby wise bosom I reposed my head, And by m\ better Socrates was bred. Tilt i» ;li^ straight rule set virtue in my sii'lit Tike crookitl liiie letonning b} the right. M\ leason took the bent otthy comm md ; \V;i> torincd and polished b\ ihy skdhd liand. JVvr..g Slimmer dns thy j)re<-.epls I reh« arse, An. I winter nighis were short in our converse. Oiit^ was O'lr l.ibonr, o;:e was our r^J)(i^e ; One Irngul supj)er did tudy and labour, it may not seem impertinent to instance in the three common exercises of translating, declaiming, and reciting. Translation, the ancient orators of Rome looked on as a most use- ful, thoui::h a most laborious employment. All persons that applied themselves to the bar, proposed commonly some one orator of Greece lor their constant pattern; either Lysias, Hyperides, Demosthenes, or .^schines, as their genius was inclined. Him they continually st udied, and, to render themselves absolutely masters of his excellen- cies, were alw ays making him speak their own tongue. This Cicero, Quintilian,and Pliny Junior, enjoin as an indispensable duty, in or- der to the accjuiring any talent in eloquence. And the first of these sreat men, besides his many versions of the orators for his private use, obliged the public w ith the translation of several parts of Plato and Xenophon in prose, and of Homer and Aratus in verse. As to declaiming, this was not only the main thing, at which they laboured under the masters of rhetoric, but what they practised long alter they undertook real causes, and had gained a considerable name ill the forum. Suetonius, in his book of famous rhetoricians, tells lis that Cicero declaimed in Greek till he was elected Praetor, and in Latin till near his death ; that Pompey the Great, just at the break- ing out of the civil war, resumed his old exercise of declaiming, that he might the more easily be able to deal with Curio, who undertook the defence of Caesar's cause, in his public harangues; that Mark Vntony and Augustus did not lay aside this custom, even when They were engaged in the siege of Mutina ; and that Nero was not •mly constant at his declamations, while in a private station, but lor the first year after his advancement to the empire. It is worth remarking, that the subject of these old declamations was not a mere fanciful thesis, but a case which might probably be brought into the courts of judicature. The contrary practice, which crej)t into some schools after the Augustan age, to the great debas- ing of eloquence, is what Petronius inveighs so severely against, in -= Virg-. Georg-. 1. 5 •^ xxu ESSAY II. OF THE ROMAN EDUCATION. XXUi the beginning of his Salyricon, in a strain so elegant, that it would lose a great pait of the giace and spirit in any transhition. \V hen I speak of recitation, I intend not to insist on the public performances of the poets in that kind, for v hicli purpose they com- monly b(»rro\ved the bouse of some of their noblest ])atrons, and car- ried on tbe whole matter before a vast concourse of people, and with abundance of ceremony. For, considering the ordinary circum- stances of men of that ])rofession, tbis may be thought not so much tbe elVect (d' an in«lustiious temjier, as the necessary wav of raising a name among the wits, and getting a tolerable livelihood. And it is evident, tbat under some princes, tbe most celebrated of this tribe, for all tbeir trouble and pains in proclaindng their parts to the multitude, could liardly keep themselves from starving, as Ju- venal observes of Statius : .SV(/ ctnn yii^fit subselUii lersu Ksunt, intac! iin J'liriUi }2isi vndit ,lga. The tyrant, being acquainted with' the truth, immediately condemned his niece to strait impiisonment, and the infants to be exposed, or carried and left in a strange ])lace, where it was very improbable that they hhould meet with any relief. The servant who had the care of this inhuman ollice left the children at the bottom of a tree, by the bank of the river Tiber. Li this sad condition, they were casually discovered bv Faustulus, the king's shepherd; who being wholly ignorant of the plot, took the infants up, and carried them home to his wife Laurentiu, to be nursed with his own children.' This ^vife of his had formerly been a common prostitute, called in Latin Lupa; which word signifying likewise a she-wolf, gave occasion to the story of their being nursed by such a beast; though some take the word always in a literal sense, and maintain that they leally subsisted some time by sucking this creature, before they had the good fortune to be relieved by Faustulus.'^ The boys, as they grew up, discovering the natural greatness of their minds and thoughts, addicted themselves to the generous exercises of hunting, racing, ' Livy, lib. 1. '' Dempster's Notes to Kosinus's Antiquities, lib. L cap 1 taking of robbers, and such like; and always expressed a great de- sire of engaging in any enterprize that appeared hazardous and noble. Now there happening a quarrel betwixt the herdsmen of Numitor and Anmlius, the former lighting casually on Remus, brought him before their master to be examined. Numitor, learn- in;:; fiom his own mouth the strange circumstance of his education and fortune, easily guessed him to be one of his grandsons who had been exposed. He was soon confirmed in this conjecture, upon the arrival of Faustulus and Romulus; when the whole business being laid open, upon consultation had, gaining over to their party a suf- ficient number of the disaffected citizens, they contrived to surprize Amulius, and re-establish Numitor. This design was soon after very liappily put in execution, the tyrant slain, and the old king re- stored to a full enjoyment of the crown." The young princes had no sooner reseated their grand-father in his throne, but they began to think of procuring one for themselves. They had higher thoughts than to take up with the reversion of a kingdom; and were unwil- ling to live in Alba, because they could not govern there: So takin«- with them their foster-fatlier, and what others they could get together, they began the f(mndation of a new city, in the same place where in their infancy they had been brought up.' The first walls were scarce finished, when, upon a slight quarrel, the occasion of which is variously reported by historians, the younger brother had the misfortune to be slain. Thus the whole pc^wer came into Romulus's hands; who carrying on the remainder of the work, gave the city a name in allusion to his own, and hath ever been accounted the founder and patron of the Roman commonwealth. CHAPTER IL OF THE ROMAN AFFAIRS UNDER THE KINGS. THE witty historian^ had very good reason to entitle the reign of the kings, the infancy of Rome; for it is certain, that under them she was hardly able to find her own legs, and at the best had but a very feeble motion. The greatest part of Romulus's time was taken up in making laws and regulations for the commonwealth : Three of his state designs, I mean the Asylum, the rape of the Sa- bine virgins, and his way of treating those few whom he conquered, as they far exceeded the politics of those times, so they contributed, d^h'?'''^'^^''^'^u^''^^''"'"^^'• ' Phnarcha.s before; and Liv), :ib. L Ib.d. and L.vy, hb. 1. f Floras in the preface to his Ifistory. 30 THE RISE AND PROGRESS OF THE ROMAN EMPIRE. 31 jn an fcxtraordinary tlr-rce, to the a«lvanrriiient of the new empire. But tluMi Numa's lonj5 reij;n served only for the establishment ol priests and relii:!;li)us orders; i\\u\ in those three and f(»rty years^ Rome irained not so mueh as one foot of j:;roiind. Tullus Hostilius was wholly employed in < onvertin- his sul)jects from the pleasinj; amusements of superstition, to the rou-her institution of martial diseipline ; yet we find no^hin^; memorable related of his confpn-sts ; only that after a Ion- and dubious war, the llomans entirely ruined their old mointed tiie ornaments and badges of the sevi r:d ollicers, to distitiguish theui fnun the cmnmon people.^ A more peaceful teinper appeared in Servlus 'I'ullius, whose prin- cipal study was to have an e^act account of the states of the Ro- mans; and, accordiui!; to th(»se, to divide them into tribes, that so they mii^ht contribute with justice and proportion to the public e\|)enses (d' the state. 'rar(iuin the Proud, though perhaps more cn<»-a"-ed in wars than anv of his predecessors, yet had in his nature such a strange composition of tlie most extravagant vices, as must necessarily have proved fatal to the v;rowinu; tyranny; and had not the death of the unfortunate Lucietia jMhninistered to the people, an opjmrtunity of liberty, yet a far slighter matter would have served them for a s[>ecious reason, to endeavour the assertion of their rii!:hts. However, on this accident all were suddenly trans- ported with such a mixture of fury and compassion, that under the conduct of Hrutus and CoUatiiuis, to whon» the dying lady had re- commended the revenge of her injured honour,"' rushing immedi- ately upon the tyrant, they expelled him and Ins whole fanuly. A new form of jj;(»vernr.ient wasnow^ resolved on ; and, because to live under a ilivided power carried somethingof complacency in thepros- pect," they unanimously conferred the supreme command on the two generous assertors of their liberties." Thus ended the royal admin- istration, after it had continued about two hundred and fifty years. r rintarch in the Life of Numa. ^ Florus, lib 1. chap. 3. ' Idt m, lib. 1. cha?). 4. J Mem, lib. 1. chip. 5. ^ Idem, lib. 1. chap. 6. » rionis, lib. 1. chap. 7. 'n Id m. lib. 1. chaji. 9. " I'lntarcli in the liifc- of Poplicola. ^ Ibid, and IMorus, lib. 1. chap. 9. i Florus, in his reflections on this first age of Rome, cannot fcubear applauding the happy fate of his country, that it should be blessed, in that weak age, with a succession of piinces so fortunately ditt'er- f nt in their aims and designs, as if heaven had purposely adapted them to the several exigencies of the state. »• And the famous Ma- chiavel is of the same opinion. ' But a judicious author' hath lately observed, that this dilference (d' genius in tlie kings was so far from procuring any advantage to the Roman people, that their small in- crease, under that government, is referable to no other cause. IJovv- cver, thus far we are assured, that those seven princes left behind them a dominion of no larger extent than that of Parma or Mantua at present. CHAPTER III. OF THE ROMAN AFFAIRS, FROM THE BEGINNING OF THE CON- SULAR GOVERNMENT TO THE FIRST PUNIC WAR. THK i^iaiit was no sooner expelled, but, as it usually happens, there was great plotting and designing for his restoration. Amono- several other youii"; noblemen, Rrutus's two sons had enira^-ed them- selves in the association ; but the conspiracy being happily and men he got together about the country, gave them a total overthrow . The greatest part of those that escaped out of the field were cut off, in straggling parties, by the inhabitants of the neighbouring towns and villages. The city had been so entirely de- molished, that, upon the return of the people, they thought of re- moving to Veii, a city ready built, and excellently provided of all things: But being diverted from this design by an omen (as they thought,) they set to the work with such extraordinary diligenence and application, that within the compass of a year the whole city was built. They had scarce ijained a breathin"; time after their trou- bles, when the united powers of the ^Equi, Volsci, and other inhab- itants of Latium, at once invaded their territories. But they were soon over-reached by a strataiiem of Camillus, and totallv routed.* Nor had the Samnites any better fate, though a people very nu- merous, and of great experience in war. The contention with tliem lasted no less than fifty years,** when they were finally subdued by Papirius Cursor." The Tarentine war, that followed, put an end to the entire conquest of Italy. Tarentum, a city of great strength and beauty, seated on the Adriatic sea, was especially remarkable » Plut. in vit. Camll. » Florus, lib. 1. cap. 16. ^ Li v. lib. 10. 34 THE RISE AND PROGRESS or THE ROMAN EMPIRE. 35 for the commerce it inaiutaineil with mo.^l of the neighbouring coun- tries, as Epirus, Ulyricum, Sicily, dfc. Among other oriiaments of their city, they had a spacious theatre for public sports, built har Eutrop. lib. 2. ^ Ibid. 36 TH£ RISE AND PROGRESS four years time they had got together an army of 80,Q00 foot, aiui 20, ()()() liorse, under the command of the famous Hannibal ; who, forcin;r a wavthrou,ea, under the command of Hannibal, entirely ruined the whole fleet ; which victorv beinu: immediately followed by a another as ^i«rnal at land, the effeminate prince was contented to purchase a peace at the price of almost half his kingdom." The victorious Romans had scarce concluded the public rejoicings on account of the late success, when the death of king Pliilip of Ma- cedon presented them with an occasion of a more glorious triumph. His son Perces, that succeeded, resolving to break with the senate, applied himself wholly to raising torces, and procuring other neces- saries for a war. Never were greater appearances in the field than on both sides, most of the considerable princes in the world being engaged in a quarrel ; but fortune still declared for the Romans, and the greatest part of Perses's prodigious army was cut oft by the consul .Emilius, and the king obliged to surrender himself into the hands of the contiuerer. ' Authors that write of the four monarchies here fix the end of the Macedonian war. But Rome could not think hei>,elf secure amongst all these con- (juests, while her old rival Carthage was yet standing : so that upon a slight provocation, the city after three years siege, was taken, and utterlv razed, bv the valour of Publius Scipio, grandson, by adoption, to him that conquered Hannibal.'' Not long after, Attalus, king of Pergamus, dying witliout issue, left his vast territories to the Romans y and what of Africa remained uncomiuered was for the most part reduced in the Jugurthan war that immediately followed; Jugurtha himself, after several defeats, being taken prisoner by Marius, and brought in triumph to Rome.* And now, after the defeat of the Teutones and Cimbri, that had made an inroad into Italv, with several lesser conquests in Asia md other parts, the Mitliridatic war, and the civil war between Marius and Sylla, broke out both in the same year." Sylla had been ^ent general against Mithridates king of Pontus, who had seized on the greatest part of Asia and Achaia in a hostile manner ; w hen, be- fore he was got out of Italy, Sulpicius, the tribune of the people, md one of Marius's faction, prefered a law to recal him, and to de- « Eutrop. lib 4. -i Veil. Patprc. lib. 1. » Rutrop.lib. 4. I' Vlonis lib, 2 chap-S. ' '*^i<'- " '*''^' '•^'" ^» Ibid. 3$ THE RISE AND PROGRESS OF THE ROMAN EMPIRE. 3.9 piite Marius in liis room ; upon this, 8ylla, leading: back his arnij, and overthrowiiig Matins and Sulpicius in his way, having settled affairs at Rome, and banished the authors of (he late sedition, re- turned to meet the forei<;!;n enemy.' His first exploit was the taking of Athens, and ruining the famous mole in the haven''' Pirxus: Af- terwards, in two engagements, he killed and took near 130,000 oi the enemy, and compelled Mithridates to sue for a truce. * In the mean time, Marius, beinjL!; called home by the new consuls, had ex- ercised all manner of cruelty at Rome; whereupon, taking the op- portunity of the truce, Sylla once more marched back towards Ita- ly. Marius was dead before his return ;> but his two sons, and the consuls, raised several armies to oppose him. But some of the troops being drawn over to his party, and the others routed, he en- tered the city, and disposed all things at his pleasure, assuming the title and authority of a perpetual dictator. Hut having regulated the state, he laid down that oflice, and died in retirement. Mithridates had soon broke the late truce, and invaded Bithynia and Asia, with as great fury as ever; when the Roman geiieral Lu- cullus, routing his vast armies by land and sea, chased them quite (mt of Asia; and had infallibly put a happy conclusion to the war, hand not fortune reserved that glory for Pompey." He being deput- ed in the room of Lucullus, after the defeat of the new forces of Mithridates, compelled him to fly to his father-in-law Tigranes king of Armenia. Pompey followed with his army, and struck such a terror into the whole kingdom, that Tigranes was constrained, in a humble manner, to present himself to the general, and offer his realm and fortune to his disposal. At this time the Catilinarian conspiracy broke out, more famous for the obstinacy than the num- ber of the rebels; but this was immediately extinguished by the timely care of Cicero, and the haj)py valour of Antony. The senate, upon the news of the extraordinary success of Pompey, were un- der some apprehension of his affecting the supreme command at his return, and altering the constitution of the government. But when they saw him dismiss his vast army at Brundusium, and proceed in the rest of his journey to the city with no other company than his ordinary attendants, they received him with all the expressions of complacency and satisfaction, and honoured him with a splendid triumph.'' "■• Eutrop. lib- 5. ^' Veil P:Uerc. lib. ?. •'^ Kutrop. lib. 5. > Veil. P..terc. lib. 2. ^ AuPflius V ictor. in vit. S\llae. ' Vfil Patcrc. lib. ?. ' ^ \h\r CHAPTER V. OF TUK HOMAN AFFAIRS, FROM THE BEGINNING OF THE FIRST TRIUMVIRATE TO THE END OF THE TWELVE CiESARS. THE three persons, that at this time bore the greatest sway in the slate, were Crassus, Pompey, and Caesar ; the first by reason of his prodigious wealth; Pompey, for his power with the soldiers and se- nate ; and Cicsar, for his admirable eloquence, and a peculiar noble- ness of spirit: when, now taking advantage of the consulship of Caesar, they entered into a solemn agreement to let nothing pass in the commonwealth without their joint approbation.*^ By virtue of this alliance, they had, in a little time, procured themselves the three best provinces in the empire, Crassus, Asia; Pompey, Spain ; and Caesar, Gaul. Pompey, for the better retaining his authority in the city, chose to manage his province by deputies ;'' the other two entered on their governments in person. But Crassus soon after, in an expedition he undertook against the Parthians, had the ill fortune to lose the greatest part of his army, and was himself treacherously murdered.' In the mean time, Caesar was perform- ing wonders in Gaul. No less than 40,000 of the enemy he had killed, and taken more prisoners; and nine years together (which was the whole time of his government) deserved a triumph for the actions of every campaign.' The senate, amazed at the strange relation of his victories, were easily inclined to suspect his power ; so that, taking tlie opportunity when he petitioned for a second con- sulship, they ordered him to disband his army, and appear as a pri- vate person at the election. ' Caesar endeavoured by all means to come to an accommodation; but finding the senate violently averse to his interest, and resolved to hear nothing but what they first pro- posed, he was constrained to inarch towards Italy with his troops to terrify or force them into a compliance. Upon the news of his •ij.proach, the senate, with the greatest part of the nobility, passing over into Greece, he entered the city without opposition, and, cre- ating himself consul and dictator, hasted with his army into Spain ; where the troops under Pompey's deputies were compelled to sub- mit themselves to his disposal. With this reinforcement he ad- vanced towards Macedonia, where the senate had got together a prodigious army, under the command of Pompey. In the first en- gagement, he received a considerable defeat ; but the whole power ' Suet, ill Jul. Caes, chap. 19. « p|„K.rcli. in Crasso. f^ Ibid. chap. 49. Haterc. lib. 2. chap. 48. f Paterc. lib. 2. *» Ibid. c. cod. -'10 Tire K\^r AM) I'ROGRtSb or THE ROMAN EMPIRE. 41 on botli siilrs Ix'iii^ crtlie enjoyment of the supreme command no more than five months, he was murdered in the senate-house ;•* Brutus and Cassius, with most of the other conspirators, being his particular friends, and such as he had obliged in the highest manner. A civil war necessarily foIlowepose him, under the command of ilirtius and Pansa, the new con: uls,and Octavius, nephew and heir to Caesar.' In tlie first eii'^agement Antony was defeated; but Hirtius being killed in tlie fight, and Pansa dying immediately after, the sole com- mand of the army came into the hands of Octavius." The senate, befMe t'te lute victory, had expressed an extraordinary kindness for him, and honoured him with several marks of their particular esteem ; but now being freed from the danger they apprehended from Antony, they soon altered their measures; and, taking little notice of him any lont^er, decreed to the two heads of the. late conspiracy, lirutus and Cassius, the two provinces of Syria and Macedonia, whither they had retired upon commission of the fact.' Octavius was very sensi- ble ()( their designs, and thereupon was easily induced to conclude a peace with Antony ; and soon after, entering into an association with him and Lepidus, as his uncle had done with Crassus and Pom- pey, he returned to Rome, and was elected consul when under twenty years of age." And now , by the power of him and his two asso- < lates, the old senate was for the most part banished, and a law pre- ferred by his colleague Pedius, that all who had been concerned in the death of Caesar should be proclaimed enemies to the common- wealth, and proceeded against with all extremity. i* To put this order in execution, Octavius and Antony advanced with the forces under their command toward Macedonia, where Brutus and Cassius had got to«i;ether a numerous army to oppose them ; both parties meeting near the city Philippi, the traitors were defeated, and the two com- manders died soon after by their own hands. > And now for ten years all aftairs were managed by the Triumviri; when Lepidus, setting up for himself in Sicily, was contented, upon the arrival of Octavius to compound for his life, with the dishonourable resigna- tion of his share in the government.' The friendship of Octavius and Antony was not of much longer continuance ; for the latter be- ing, for several enormities, declared an enemy to the state, was finally routed in a sea-engagement at Actium ; and, flying thence with his mistress Cleopatra, killed himself soon after, and left the sole command in the hands of Octavius. He, by his prudence and moderation, gained such an entire interest in the senate and people, that when he offered to lay down all the authority he was in- vested with above the rest, and to restore the common w^ealth to the ancient constitution, they unanimously agreed in this opinion, that their liberty was sooner to be parted with, than so excel- lent a prince. However, to avoid all oftence, he rejected the verv names he thought might be displeasing, and above all things, the title of Dictator, which had been so odious in Sylla end Caesar. By this means he was the founder of that government which continued ever after in Rome. The new acquisitions to the empire were, in his time, very considerable ; C!antabria, Aquitania, Pannonia, Dalmatia, ;ind Illyricum, being wholly subdued ; the Germans were driven be- yond the river Albis, and two of their nations, the Sucvi and Sicam- bri, transplanted into Gaul.** Tiberius, though in Augustus's time he had given proofs of an ex- traordinary courage in the German war;* yet upon his own acces- sion to the crown, is memorable for no exploit but the reducing of Capj)adocia into a Roman province ;" and this was owing more to his cunning than his valour. And at last, upon his infamous retire- ment into the island Capreae, he grew so strangely negligent of the public af!airs, as to send no lieutenants for the government of Spain and Syria for several years ; to let Armenia be over-run by the Par- thians, Moesia by the Dacians and the vSarmatians, and almost all ij^^j ♦ S .lal. Caes c.35. J I:> , . o<'. ^ I'uterc. lib. -?. c. 56. « P,»ten\ lib. 2 c. 61- o Patcrc. Ub. 2. c. 6. •" Suet in Au^MJst c. 11. n P'lorus, lib 4. c. 7. P Patcrc. Iib.2. r. 65. •^ Florus, lib.2.c. 7. Paterc. llb.2. c. 80. « Si u ton. in August, c. 21. «• Paterc lib. 2. chap. 106, &c. » Eutrop. lib. 7. \ 43 IIIE RISE AND PROGRESS OF THE ROMAN EMPIRE. 43 Gaul by the Germans ; to the extreme daii«^er as well as dishoiiour of the empire. Caligula, as he far exceeded his predecessor in all maimer of dehaucijery, so, in relation to martial affairs, was much Ids inferior. However, he is famous for a mock-expedition, that he made au;ainst tlie Germans; when arrivinii; in that part of the T.on^^ Countries w hich is op|)osite to Britain, and receiving; into his protec- tion a fu;i;itive prince of the island, he sent j^lorious letters to the se- nate, j^iving an account of the happy conquest of the whole king- dom.*^ And soon after, making his soldiers fill their helmets with cyckle-shells and pebbles, which he called "the spoilaof the ocean,'** return to the city to denifind a triumph ; and when that honour was denied him by ti»e senate, he broke out in such extravagant cruelties, that he even compelled them to cut him off, for the security of tlieir own persons. y Nay, he was far from entertaining any desire of be- nefiting the public, that he often complained of his ill fortune, De- cause no signal calamity happened in his tinie, and made it his con- stant wish, that either the utter destruction of an army, or some plague, famine, earthquake, or other extraordinary desolation, might continue the memory of his reign to succeeding ages.» Caligula being taken off, the senate assembled in the capitol, to debate about the extinguishing the name and family of the Caesars, and restoring the commonwealth to the old constitution." When one of the soldiers, that were ransacking the palace, lighting casu;dly upon ('laudius, uncle to the late emperor, where he had hid hin\self in a corner behind the hangings, pulled Idm out to the rest of his !ranir, and recommended him as the fitest person in the world to be rmperor. All were strangely pleased at the motion; and taking him along with them by force, lodged him among tlie guards. ' The se- nate, upon the first information, sent immediately to stop their pro- reedinirs; but not ayrreeinij: amonir; themselves, and hearing the mui- titude call out for one governor, they were at last constrained to confirm the election of the soldiers ; especially since they had pitch- ed upon such an easy prince as would be wholly at their command and disposal. The conquest of Britain was the most memorable thing in his time ; owing partly to an expedition that he made in per- son, but chiefly to the valour of his lieutenants Osorius, Scapula, Aulus Plautius, and Vespasian. The bounds of the empire were in his reign as foll(»vv : Mesopotamia in the east, Rliine and Danube in the north ; Mauritania in the south, and Britian in the west."* ^' Sucton. In Tib. chap. 41. ^^Sufton.in ('ulig. chap. 46. ^ Mem, cliap. 4G. y Idem, chap. 47. ''■ Idem, cliap. 49 and 56. •' Idf m, ch:ip. 51. ^ Idem, chap. 60. <^ Idem, in Claud, clmp 10. ^ Aurelius Victor de Caesuribus in Culigula. Tlie Roman arms cannot be supposed to have made any consid- erable progress under Nero; especially when Suetonius tells us, he neither hoped or desired the enlargement of the empire.' How- ever, two counti ies were in his time reduced into Roman provinces : the kingdom of Pontus, and the Cottian Alpes, or that part of the mountains which divides Dauphine and Piedmont. Britain and Ar- menia were once both lost, and not without greatdlfficulty recovered. ^And indeed, his aver^eness to the camp made him far more odious to the soldiers, than all his other vices to the people ; so that when the citizens had the patience to endure hiin for fourteen years, the army under Galba, his lieutenant in Spain, were constrained to un- dertake his removal. Galba is acknowledged on all hands for the great reformer of mar- tial discipline ; and though, befi)re his accession to the empire, he had been famous for his exploits in Germany, and other parts;' yet the shortness of his reign hindered him from making any advance- ments afterwards. His age and severity were the only causes of his ruin : the first of which rendered him contemptible, and the othc odious; and the remedy he used to appease the dissatisfactions did but ripen them for revenge. For immediately upon his adopting Piso, by which he hoped to have pacified the people, Otho, who had ever expected that honour, and was now enraged at his disappoint- ment,' upon application made to the soldiers, easily procured the murder of the old prince and his adopted son ; and by that means was himself advanced to the imperial dignity. About the same time, the German army under Vitellius, having an equal aversion to the old emperor with those at Rome, had sworn allegiance to their own comiuander. Otho, upon the first notice of their designs, had sent to proffer Vitellius an equal sliare in the go- vernment with himself. But all proposals for an accommodation be- ing refused, and himself compelled, as it were, to march against the forces that were sent towards* Italy, he had the good fortune to de- feat them in three small engagements. But having been worsted in a greater fight at Bebriacum, though he had still sufficient strength for carrying on the war, and expected daily a reinforce- ment from several parts ; vet he could not, bv all the arguments in tlie world, be prevailetl with to hazard another battle ; but to en«l the contention, killed himself with his own hands. On this accoun.f , Pagan authors, tliougii they represent his life as the most exact pic- ture of unmanly softness, yet they generally confess his death equal , * Aurelius Victor de Cxsaribus '» Idem, cliap 17. "^ Claud. i Suetou. in Othon. chap. ^ * Sueton. in Nerone, chap. 18, • Idem, chap 9. 5 Si!rt. in (.;ulba, chan. S. \9. i4 THE RISK AND PROGRESS totlu' mhU'st of ant'uputy; and the same poet,'' that has given hiiii. the histirig title o( Mollis Otho, has yet set him in competition with Ihe famous Cato, m reference to the final action of his life. It has been observed of Vitellius, that he obtained tiie empire by ^ehe sole valour of his lieutenants, and lost it purely on his own ac- count. His extreme luxury and cruelty were for this reason the more detestable, because he hud been advanced to that dignity un- der the notion of the patron of his country, and the restorer of the rights and liberties of the people. Within eight months time the provincial armies had unanimously agreed on Vespasian for their emperor; and the tyrant, after he hat! been strangely mangled by tlie extreme fury of the soldiers and rabble, was at last dragged into tlie river Tiber.'" The republic was so far from making any advancement under the disturbances of the three last reigns, that she must necessarily have felt the fatal consequences of them, had she not been seasonably re- lieved by the happy management of Vespasian. It was a handsome turn of some of his friends, when, by order of Caligula, his bosom had, by way of punishment, been stutVed with dirt, to put thi.- inter- pretation on the accident, that the commonwealth being miserably abused, and even trodden under foot, should hereafter fly to his bosom for prot(;ction." And indeed, he seems to have made it his wliole care and dcsio-n to reform the abuses of the city and state, occasioned by the licentiousness of tUv late times. Nine provinces he added to the empire," and was so very exact in all circumstances of his life and conduct, that one, N\ho ha- examined them both with all the niceness imaginable, can find nothing in either that deserves reprehension, except an immoderate desire of riches.' And he covertly excuses him for this, by extolling at the same time his ex- traordinary magnificence and libtiality. But perhaps he did not more oblige the world by his own reign, than by leaving so admirable a successor as his son Titus, the only prince*^in the world that has the character of never doing an ill ac- tion. He had given sufticient proof of his courage in the famous siege of Jerusalem, and mii^^ht have met with as good success in other parts, had he not been prevented by an untimely death, to the uni- versal grief of mankind. But then, Domitian so far degenerated from the two excellent ex- amples of his father and brother, as to seem more emulous of copying Nero and Caligula. However, as to martial aftairs,he was as happv ^ Martial. ' Siieton. in Vitel. chap. 13. '^ 1(1. ioid. cluip. 17. " Suetou in \ espus. chap. "J, o R'li op. li:). 7 P id. bill chap. 16. l.\('lll.K J I) K.ST .V.\\'.\l, k'« n'll.V.K l)ft.SCJ'iJ.WTlD K\ (>iiii|>lir r.-iiiviiiio . /'u/'h.rflrrl /•! Ifiikiit'ii, n-H,tiZ,tni . J.''/ (?lr:rri7lf .^7 . OF THE ROMAN E]^IPIRE. 45 ip as most of his predecessors, having, in four expeditions, subdued the Catti, Daci, and the Sarniatians, and extinguished a civil war in the first bejijinnin::;.' Bv this means he liad so entirelv jjained the att'«'ctions of the soldiers, that when we meet with his nearest rela- tions, and even his very wife, engaged in his murder,^ yet we find the army so extremely dissatisfied, as to have wanted only a leader to revenge his death.* CHAPTER VI. OF THE ROMAN AFFAIRS, FROM D(^M1TIAN TO THE END OF CON- STANTINE THE GREAT. THE two following emperors have been deservedly styled the re- storers of the Roman grandeur; which, by reason of the viciousness or negligence of t!ie former princes, had been extremely impaired. Nerva, though a person of extraordinary courage and virtue, yet did not enjoy the empire long enough to be on any other account so jneuKMuble, as for substituting so admirable a successor in his room as Trajan. It was he, that for the happiness which attended his undertakings, and for his just and regular administration of the government, has been set in competition even with Romulus himself. It was he that advanced the bounds of tiie empire farther than all his predecessors, leducing into Romean provinces the five vast countries of Dacia, As- syria, Armenia, Mesopotamia, and Arabia." And yet his prudent management in peace has been generally preferred to his exploits in war; his justice, candour and liberality, having gained him such an universal esteem and veneration, that he was even deified before his serviceable to ihr fominoinvcalth as the t liver, is especially remarkable for his extraordinary learn- int^, and strict profession of .Stoicism ; whence he has obtained the- n;in»e of " the philosopher." Commodus was as noted for all manner of extravagancies, as his fatlier had been for the contrary virtues ; and, after a very short en- joyment of the empire, was murdered by one of his mistresses.^ Pertinax, too, was immediately cut ofi'by the soldiers, who found him a more ri^id exactoi- of discipline than they had been lately used to. And now claimiuii; to themselves the privilege of choosing an emptM-or, they fairly exposed the dignity to sale.> Didius Julian was the highest l)idder, and was thereupon invest- ed with the honour. But as he only exposed himself to ridicule by such a mad project, so he was in an instant made away with, iu hopes of another bargain. Zosimus makes him no better than a sort of an empefor in a dream.* Rut the Roman vahmr and Tiebcll. J'allio, in T) ran. ' Idem, in G'dlieno. i Kuii'op. lib. 9. -^ Tr- bell, i'oilio, in ClaudJo. ' Ibid. 48 THE RISE AND PROGRESS rei^-nino- onlv seventeen days, it was impossible he could do any lhin<'- more ihan raise an expectation in the world. If anv of the barbarians were left within the bounds of the empire by Claudius, Aurelian entirely clmsed them out. In one single war, he is reported to have kiHed a thousand of the Sarmalians with his own hands."' But his noblest exploit was, the conquering the fa- mous Zenobia, Queen of the east (as she styled herself) and the tak- ing her capital city Palmyra. At his return to Rome there was scarce any nation in the world, out of which he had not a sufticient number of captives to grace his triumph : the most considerable were the Indians, Arabians, Goths, Franks, Suevians, Saracens, Vandals, and Germans." Tacitus was contented to shew his moderation and justice, in the quiet management of the empire, without any hostile design ; or, had lie expressed any such inclinations, his short reign must neces- sarily have hindered their etVect. Probus, to the wise government of his preikHCssor, added the va- lour and conduct of a good commander: It was he that obliged the barbarous nations to quit all their footing in Gaul, Illyricum, and several provinces of the empire ; insomuch, that the very Parthians sent him Haltering letters, confessing the dismal apprehensions they entertained of his designs against their country, and beseeching him to favour tliem with a peace." There was scarce any enemy left to his successor Cams, except the Persians ; against whom he accordingly undertook an expedi- tion ; but, after two or three successful engagements, died with the stroke of a thunderbolt.'' His two sons, ('arinus and Numerian, were of so opposite a ge- nius, Ihat one is generally represented as the worst, the other as the best of men. Numerian was soon treacherously murdered l)y Aper ; who, together with tlie other emperor Carinus, in a very little time, gave way to the happy fortune of Dioclesian, the most successful of the latter emperors ; so famous for his prodigious ex- ploits in Egypt, Persia, and Armenia, tliat a Roman author* has not stuck to compare him with Jupiter, as he docs his son Maximi- nian with Hercules. Constantius Chlorus and Galerius were happier than most of their predecessors, by dying, as they had for the most part lived, in peace. Nor are Severus and Maximilian on any account very remarkable, except for leaving so admirable a successor as the famous Constan- tinc; who, ridding himself of his two competitors, Licinius and Max- » Flavius Vopisc. in Aureliano. .» Ibid. ' Tdcm, in Probo. r Idem, in Caro. 1 Pomponius Lxtus, in vita ejus OF THE ROMAN EMPIRE. 49 entius, advanced the empire to its ancient grandeur. His happy wars, and wise administration in peace, have gained him the sur- name ol the Great, an honour unknown to former emperors : Yet in this respect he is justly reputed unfortunate, that, by removing the imperial seat from Rome to Constantinople, he gave occasion to the utter ruin of Italy. CHAPTER VII. OF THE ROMAN AFFAIRS, FROM CGXSTANTINE THE GREAT TO THR TAKING OF ROME BY ODOACER, AND THE RUIN OF THE WEST- ERN EMPIRE. THOUGH the three sons of Constantine at first divided the em- pire into three distinct principalities; yet it was afterwards re- united under the longest survivor, Constantius. The wars between him and Magnentius, as they proved fatal to the tyrant, so were they extremely prejudicial to the whole state; which at this time was involved in such unhappy difficulties, as to be very unable to bear so excessive a loss of men, no less than 54,000 being killed on both sides. And perhaps this was the chief reason of tlie ill suc- cess which constantly attended that emperor in the eastern wars ; for the Persians were all along his superiors ; and when at last a peace was concl uded, tlie advantage of the conditions lay on their side. Julian, as he took effectual care for the security of the other bounds of the empire, so his designs against the most formidable enemies, the Persians, had all appearance of success ; but that he lost his life before they could be fully put in execution. Jovian was no sooner elected emperor, but, being under some apprehension of a rival in the west, he immediately struck up a most dishonourable peace with the Persians, at the price of the fa- mous city Nisibis and all Mesopotamia. For which base action, as he does not fail of an invective from every historian, so particularly Ammianus Marcellinus" and Zosimus have taken the pains to show, that he was the first Roman governor who resigned up the least part of their dominions upon any account. Valentinian the Frst has generally the character of an excellent prince : but he seems to have been more studious of obliging his sub- * Pompon. Lxtus. ' Lib. 25. iH™ I'h n :«'»Sf' W f-lef^-m- >■'■ 50 THE RISE ANTJ PROORtib iects, by an easy an • • « • • * «•. ••••• • • w A • • • • • • • » • • • • • • • ^ • • • • * • • »! • • • • • • • «■ • « • ••• .5.? [l£0'.aiA lilTI'mUAl ^a-^j^ 7*". i * .■«^k ^ tt4i Murtta leffultt ef -'*^^*.. ^*^k^. I'ltrhi SuintitiatUM _JaL I'l'rtii lUl Milrtia ttm., I /T- ^A JtSustif ^ } % € <% 'tL \ ,/■ .1^" I..'*' .'*Jv-3 /'or /a XtiUttritt Va <^. "^.; ■^ir. f}»rA/ ;* ^$ r/^i 'i ^^^ H,»i,.h •^- '■'V//? ^JVj ^ % ^ 2 '««^iTjr- vV^a ^ Ai^ ^ V' f J^I** A'// •**;: ••>/«.V.TV»J(r ^ ^ \ /, '/K -*'// ('xiijtiintnii / J l.iuiiut %tM^-^ 4'njHiin\ ^ it", ii' \"\ \I- /; ■""^a^. Jb '^ irff '*/j- Ay lin/Ji Hum ■4 ^"^AAitnani ■/•/'"^v> >t^^ (irnn Horh/toniihf fe Mithilimu i|i^''j:>'' , V i ^ ^^jj.'"/"'- ..J ^rvrritniir Af A"' ^ottii^^^ rl tail .In/Mff*'' i jK^' 1 rA;*/V ^^M rfc Vi /V>*T.\',»»»,/, 'JhuHlf-htt/l.' ^i \Jnunif>tuilu (irr j^ tifttuslix ^9 ^ Tffiif' httwir ' -^ !c3p <^j? V. t 'iiriiu Ml'. >nif>n V^v ^y I'h^ilM I'.nnpfi n„ l^f. V/ /7. .^ :aii . I timuttffiitt kl ■ S^ntr f'f.tHf lM>i)i>lltHI I'.'H,, '^^ /• . / V '^'n'hiiiutnr ,. .fc' >»--K litis t i'»i'n:it ^^^1 .'^dM^-Jfc- \V'>- >iir^i*^ S,nnn.i,-hi,t \'er,ttu .^^ ^ I't'ihi liiruiv/rn.i f/„rh %t: *4V: •ftrts p-^ /Wn n.liirtTtiiftih'iiiiiu rri'an, . "' ITJt.in.F • > l.rinij'iinir (iT.Siitiirini / T./tmt SMiiryj- !t Sr/tiitmmm S^urri lOliLTiihi '/i/tTtHiu'litn /miuLitttnniji n 'I'.h>rhii4ir I 'I'n/i.r i/ /'/'I'Hiinini It. hill f Ih'nnhniii ITtArniix trtinliiini ItiAirAfiirn ,■! \i-n tl nirr. \]i: mnilrinn [f^Th Xfniiiiinr M .\,ln tit Fittii ,t ] Mii,rr\;r W (iimi Hut-filii ^[ Htijn/im ,V Sn-rri 'J'J linsil Anhtma »■> li'llf ltinirlllll.t 'M /'mt/'lllliliu.r Xt 1'ni.ril Auqtistn '/(i TMnrt ]%Hif ■17 /i.ni/.U Srurr, 'ifff InlAiunifh Fiihlirhr,! hv fluly,,,,,, A ll,,ti.,,>l I i' I (1 „.,,•,, u/ .\hvfl . THE ANTIQUITIES OF ROME. PART II.— BOOK I. OF THE CITY. CHAPTER I. OF THE POMffiRIUM, AND OF THE FORM AND BIGNESS OF THE CITY, ACCORDING TO THE SEVEN HILLS. BEFORE we come to please ourselves with a particular view of the city, we must, by all means, take notice of the Pomoerium, for the singularity of the custom to which it owed its original. Livy de- fines the Pom cerium, in general, to be that space of ground, both within and without the walls, which the Augurs, at the first build- ing of cities, solemnly consecrated, and on which no edifices were suffered to be raised." But the account which Plutarch gives us of this matter, in reference to Rome itself, is sufficient to satisfy our curiosity ; and is delivered by him to this purpose : Romulus having sent for some of the Tuscans, to instruct him in the ceremonies to be observed in laying the foundations of his new city, the work was be^un in this manner: First, they dug a trench, and threw into it the first-fruits of all things, either good by custom, or necessary by nature; and every man taking a small turf of earth of the country from whence he came, they all cast them in promiscuously together; making this trench their centre, they described the city in a circle round it: Then the founder fitted to a plough a brazen plough-share ; and yoking together a bull and a cow, drew a deep line or furrow round the bounds : those that followed after taking care that all the chnls . • =Llv, Tib. 1 -spssr- I 54 OF THE Cll V. fell inwards toward the city. They built the wall upon this line, Nvliich they called Pomocrium, from Pone M(Fnia,'> Tliough the phrase of Pornarium proferre be commonly used in authors, to sig- lufy the enlar-ins of the city ; yet it is certain the city might be en- larged without that ceremony. For Tacitus and Gollius declare no per- son to have had a right of extending the Puma rium, but such an one as had taken away some part of an enemy's country in war ; where- as it is manifest, that several great men, who never obtained that hommr, increased the buildings with considerable additions. Ft is remarkable, that the same ceremony, with which the founda- tions of their cities were at first laid, they used too in destroying and razing places taken from the enemy ; which we find was begun by the thief "commander's turning up some of the walls with a plough.<= \s to the f(»rm and bigness of the city, we must follow the com- mon direction of the seven hills, whence came the phrase of Urb- HepticoUis, and the like, so freciuent with the poets. Of these, Mons Pahitinus has ever had the preference ; whether so called from the people Palantes, or Palatini ; or from the bleating and strolling of rattle, in Latin, Balare, and Palare ; or from Pales, the pastoralVldess ; or from the burying-place of Pallas ; we find disputed, and undetermined among their authors. It was in thi.. place that Romulus laid the foundations of the city, in a quadran- gular form; and here the same kin- and Tullus llostilius kept then- courts, as did afterwards Augustus, and all the succeeding empe- rors ; on which account, the word Palatium came to signify a royal scat.'' This hill to the east has Mons Ccclius ; to the south, Mons Aven- linus; to the west, Mons C'apitolinus; to the north, the Forum.'" In compass twelve hundied paces.^ Mons Tarpeius took its name from Tarpeia, a Roman virgin, who betrayed the city to the Sabines in this place.^ It was called too Mons Saturni and Saturnius, in honour of Saturn, who is reported to have lived here in his retirement, and was ever reputed the tute- lar deity of this part of the city. It had afterwards the denomina- tion of Capitolinus, from the head of a man casually found here in digging for the foundations of the famous temple of Jupiter,'' called CapitoTium, for the same reason. This hill was added to the city by Titus Tatius, kin- of the Sabines, when, having been first over- come in the field bv Romulus, he and his subjects were permitted to incorporate with the Romans.' It has to the east Mons Palatmus anu b Ph.tarcl.. in Uomul. . ' Marlian Topograph. Antiq. Roir.x- »^ Dempster. Paralit)om. ad Uosin. lib. 1- chap. 14. . : „i.„^. <3 J? Phitarch. in lib. i cliap. 3. d Rosin. Antiq. lib. 1. chap, 4. « Fabricii Uoma, chap. 3. g Phitarch. in Romul. b Liv. lib. 1. chap. 55. • Uionysius. OF THE CITY. 55 liie Forum ; to the south, the Tiber ; to the west, the level part of the city ; to the north, Collis Quirinalis. In compass seven stadia or furlongs.*^ Collis Quirinalis was so called, either from the temple of Quirinus, another name of Romulus ; or more probably from tiie Curetes, peo- pie that removed hither with Tatius from Cures, a Sabine city. It afterwards changed its name to Caballus, Mons Caballi, and Caballi- nus, from the two marble horses, with each a man holding him, which are set up here. They are still standing ; and, it the inscription on the pilasters be true, were the work of Phidias and Praxiteles ;'- made by those famous masters to represent Alexander the Great, and his Bucephalus, and sent to Nero for a present by Tiridate^ king of Armenia. This hill was added to the city by Numa.'' To the east, it has Mons Esquilinus and Mons Viminalis ; to the south, the forums of C^sar and Nerva ; to the west, the level part of the city; to the north, Collis Hortulorum, and the Campus Mar- tius." In compass almost three miles." Mons Coelius owes its name to Coelius or Coeles, a famous Tuscan -eneral who pitched his tents here, when he camAo the assistance of Romulus against the Sabines. Livy and Dionysius^ attribute the taking of it in to Tullus Hostilius ; but Strabot to Ancus Mar- tins. The other names by which it was sometimes known, were Queixulanus, or Quercetulanus, and Augustus : the first occasioned by the abundance of oaks growing there ; the other imposed by the emperor Tiberius, when he had raised new buildings upon it after "^ One part of this hill was called Coeliolus, and Minor Coelius.^ To the east, it has the city-walls ; to the south, Mons Aventinus ; to the west, Mons Palatinus ; to the north, Mons Esquilinus.- In compass about two miles and a half.'^ _ Mons Esquilinus was anciently called Cispius and Oppius.^ The name of Esquilinus was varied for the easier pronunciation, from Exquilinus, a corruption of Excubinus, ab excubiis, from the watch that Romulus kept here.^ It was taken in by Servius Tullius '^ who had here his royal seat.^ Varro will have the Esquiliae to be pro- i Fabricii Roma, chap. 3. «< Marlian, lib. 1. chap. 1. i Sext. Pomp. Festus. '" Fabricii Roma, chap. 3. n Dionys. Halic. lib. 2. <> Fabricii Roma, chap. 3. •1 Marhan lib. 1. chap. 1. 1 Varro de Ling. Lat. lib. 4. '^ Lib. 1. chap. 30. s Lib. 3. * Georgr. lib 5. u Tacit. Ann. 4. Suet, in Tib. chap. 4B- V Fabricii Roma, chap. 3. ^^ Ibid. X Marlian. lib. 1. chap. 1. y Fubricii Roma, chap. 3. I Propert. lib. 2. Eleg. 8. a Liv. hb. 1. chap. 44. b Ibid. ■f i i ^iSsm 5b OF THE CITY. porly two uiountams ;<^ which opinion has been since approved of bv a curious observer.' ,- , ,. ' To the east, it has the city-walls ; to the soutli, tlie V la Labicana ; to tlie west, the valley lyin- between Mons Ccelius and Mons Pa- latinus ; to the north, Collis Viminalis.*- In compass about four miles.'' Mons Viminalis derives its name a viminibi(.i, from the osiers thai grew there in great plenty. This hill was taken in by Servius Tullius.' To the east, it has the Campus Esquinalis ; and to the south, part of the Suburra and the Forum ; to the west, Mons Quirinalis ; to the north, the Vallis Quirinalis." In compass two miles and a half.' The name of Mons Aventinus has given great cause of dispute among the critics, some deriving the word from Avcnliiiusan Alban king v- some from the river Avens ;^ and others ab avibus, from the birds which used to fly hither in great flocks from the Tiber.' It was called too Murcius, from Murcia, the goddess of sleep, who had here a sacellum, or little temple :"' Collis Diannc, from the temple of Dia- na :" and Remonius, from Remus, who would have had the city begun in this place, and was here buried." A. (iellius aftirms,'' that this hill, being all along reputed sacred, was never inclosed within the bounds of the city till the time of Claudius. But Eutropiusn expressly attributes the taking of it in to Aneus Martins ; and an old epigram in- serted byCuspinian, in his commenton Cassidorus,confirms the same. To the east, it has the city-walls; to the south, the Campus Figu- liniis; to the west, the Tiber; to the north, Mons Palatinus.-^ In circuit eighteen stadia, or two miles and a quarter.* Besides these seven principal hills, three others of inferior note were taken in in later times. Collis Ilortulorum, or Hortorum, had its name from the famous o^rdens of Sallust adjoining to it.' It was afterwards called Pincius from the Pincii, a noble family who had here their seat." The em- peror Aurelian first inclosed it within the city -walls. ^ To the east and south it has the plainest part of Mons Quirinalis ; to the west the Vallis Martia ; to the north the walls of the city.^'^ In compass about eighteen stadia.'^ ' De Ling. Laiir. lib. 4. '• Marlian. lib. 1. chap. 1. « Tiibncii Romu, chap. 3. * M;«rhan lib. 1. chap. 1. 3 l)iOH} s. lib. 4. J' J'abricii Itoma, chap. 3. » Murliuii. lib. 1. chap. 1. n Martial. p Lib. 13. cliap. 11. *! Lib. 1. ' Fabricii Roma, chap. 3. s Marlian. lib. 1. chap. 1. f Rosin lib. 1. chap. 11. Ibid. " riut. in Ronml, Ibid. j VHrro de Lu;^^. Lat. 1. 4. ^ ib. ^ Fabricii Roma, chap. 3. I lb. '" Scxt. I'omp. Festus. » Marlian. lib. 1 . chap. 1. OF THE CITY. 57 Janlculum, or Janicularis, was so called, either from an old town of the same name, said to have been built bv Janus; or because Janus dwelt and was buried here; or because it was janua, Si sort of gate to the Romans, whence they issued out upon the Tuscans.* The sparkling sands have at present given it the name of Mons Aureus, and, by corruption, Montorius.** We may make two ob- servations about this hill, from an epigram of Martial; that it is the fittest place to take one's standing for a full prospect of the city ; and that it is less inhabited than the other parts, by reason of the grossness of the air." It is still famous for the sepulchres of Numa, and Statius the poet.*^ To the east and south it has the Tiber; to the west the fields; to the north the Vatican.' In circuit (as much of it as stands within the city-walls), five stadia.*" Mons Viticanus owes its name to the answers of the Vates or pro- phets, that used to be given here ; or from the god Vaticanus or Va- gitanus. It seems not to have been inclosed within the walls until the time of Aurelian. This hill was formerly famous for the sepulchre of Scipio Africa- nus, some remains of which are still to be seen.*^ But it is more celebrated at present on account of St. Peter's church, the Pope's palace, and the noblest library in the world. To the east it has the Campus Vaticanus, and the river; to the south the Janiculum; to the west the Campus Figulinus, or Potter's Field ; to the north the Prata Quintia.'' It lies in the shape of a bow drawn up very high; the convex j)art stretching almost a mile.' As to the extent of the whole city, the greatest we meet with in history was in the reign of Valerian, who enlarged the walls to such a degree as to surround the space of fifty miles.j The number of inhabitants, in its flourishing state, Lipsius com- putes at four millions.'^ At present the compass of the city is not above thirteen miles. y Uosin. lib. 1. chap. 11. ^ Festus. ^ Warcup's Hist, of Italy, Book. 11. ^ Fabricii Ronia, ciiap. 3. «» Martial. Epig. lib, 4. Ep G4. - Fabricii Roma, lib. 1. chap. 3. '' ibid. i Marlian. lib. 1. chap, 1. * festus. h Fabricii Roma, chap. 3. ' Marlian. lib. 1. chap. 1. i Vopisc. in Aureliano. ^ De Magnitud. Rom. ^ I'abricii Homa, chap. 2. .. I ' i Hl^l ■-.;,i^1SSW«Kti;i™ 56 Of THE CITY CHAPTER II. OF THE DIVISION OF THE CITY INTO THTRES AND REGIONS J AT?D OF THE GATES AND BRIDGES. ROMULUS divided his little city into three tribes; and Servius Tullius added a fourth: which division continued until the tune oi Augustus. It was he that first appointed the fourteen Regions or Wards : An account of which, with the number of temples, baths, ^•c.in every region, may be thus taken from the accurate Panvinm^. Region I. Porta Capena. Streets 9. liuci 3. Temples 4. yf^des 6 . Public baths 6. Arches 4. Hams 14. Mills 12. Great houses \2\ The whole compass 13,223 feet. Region II. CcElimontium. Streets 12. The great Shambles. lAici 2. ^'*!','^^^.^' Ten.nles 5. Mills 2o. Tlie public baths of the city Great houses io^. Private baths 80. .^onnr . The compass l.),200 feet. Region III. Ms and Seraph'. c;treets 8 The amphitheatre of Vespabiai;. Temples 2. , Harns 29, or 19. The baths of Titus, Trajan, and Mills 2o. jpjjilip Great houses 100. The compass 12,450 feet. Kegion IV. Via Sacra, or Teniplwn Fads. g^j.gg^5 8 Tl.e Colossus of the Sun, 120 feet h.gh Temples' 10. tV^^l^' The arches of Titus Severus, Mills 24. and Constantine. Great houses lo8. Private baths 75. , o/^/^^K r . The compass 14,000 ; as some say, only 8000 feet Streets 15. Luci 8. Temples 6. -Edcs 5. Region V. Esqmlina. Private baths 75. Barns 18. Mills 22. Great houses 180, The compass 15,950 feet. OF THE CITY. Region VI. Acta S emit a. Streets 12, or 13. Temples 15. Porticos 2. Circi 2. i'ora 2. Streets 40. Temples 1. Priv:
  • u-,ed to bring in at that gate from the sea, to supply the city. Porta t^apena, called so from Capua, an old city of Italy, to which the way lay through this gate. It is sometimes called Appia, from Appius the censor; and Triumphalis, from the triumphs, in which the procession commonly passed under here : and Fontinalis, from the \ipixducts which were raised over it ; whence Juvenal calls it IMadida Capcna; and Martial, Capcna. grandi Porta qwe pluit gutta. The Tiber was passed over by eight bridges ; the names of which are thus set down by Marlian : Milvius, iElius, Vaticanus, Janici. lensis, Cestius, Fabricius, Palatinus, and Sublicius. Of ruE PI CHAPTER III. .ivcEs OF worship; particularly of the temples ANt LUC I. BEFORE we proceed to take a view of the most remarkable places set apart for the celebration of divine service, it maybe pro- per to make a short observation about the general names, under ivhich we meet with them in authors. > • • • < I * , t » • , « • ♦ ( C A!Pinr©iL.ii'r>fl ,.:..;:' Tv nrjiMPL. PAiVTimXOK VlTIL'GD KOTriTTJ.vN /i,/./,.r/u./ hvHn^'uu, ^Ha.zn,.! U'l ,1,^m,t SlM'^^Z* ♦ .» » . • • t •», , • I 1 r' ) • . ,, • t •» t I t > • » - ' • » » • < I- • • • .• •• • till* • • • * • • • i.iii^i.tj>^t:ii-a.|ni; I I ii' i iiiii l i iiii i i i iii jii iii iiii i i ii ii ll l l M iii li iili M ii li ii i illil i » i in il»»i«i»iti«««iiil»lMl li lli i li'ihliia^i'iriKlfjyiJ i'uKtv KiLail IBi\X.!l&A C*A ID) HIT AST a iN\M iPlHI II IT iil IB. Air iK U ivn T IL. AITIID HI . hihliyhrtJ /a HiA^n.in ,{H.4 :t.,r,l /^J (7,^.i,ut .SfJfH'^ OF THE CITY. 61 Templum then was a place which had not been only dedicated to some deity, but withal formerly consecrated by the Augurs. ^'Edes Sacne, were such as wanted that consecration ; which if they afterwards received, they changed their names to temples. Vide* Agell. L. XIV. c. T. Dcliibrurii, according to Servius, was a place that, under one roof, comprehended several deities. JEdicuUi is onlv a diminutive, and siii;nifies no more than a little *^des. Sacellum mav be derived the same way from ^^Edes Sacrae, Festus tells us it is a place sacred to the gods without a roof. It were endless to reckon up but the bare names of all the tem- ples we meet with in authors. The most celebrated on all accounts were the Capitol and the Pantheon. The Capitol, or temple of Jupiter Capitolinus, was the effect of a vow made by Tarquinius Priscus in the Sabine war."' But he had scarce laid the foundations before his death. His nephew, Tarquin the Proud, finished it with the spoils taken from the neighbouring nations." But, upon the expulsion of the kings, the consecration was performed by Horatius the consul.' The structure stood on a high ridge, taking in four acres of ground. Tiie front was adonu d with three rows of pillars, the other sides with two.^' The ascent from the ground was by a hundred steps.' The prodigious gifts and orna- ments, with which it was at several times endowed, almost exceed belief. Suetonius' tells us, that Augustus gave at one time two thousand pounds weight of gold; and in jewels and precious stones, to the value of five hundred sestertia. Livy and Pliny surprise us with accounts of the brazen thresholds, the noble pillars that Sylla removed hither from Athens out of the temple of Jupiter Olympius ; the gilded roof, the gilded shields, and those of solid silver ; the huge vessels of silver, holding three measures ; the golden chariot, ^c. This temple was first consumed by fire in the Marian war, and then rebuilt by Sylla ; who, dying before the dedication, left that honour to Quintus Catulus. This too was demolished in the Viteliian sedi- tion. Vespasian undertook a third, which was burnt about the time of his death. Domitian raised the last and most glorious of all ; in which the very gilding amounted to twelve thousand talents. On which account Plutarch' has observed of that emperor, that he was, nke Midas, desirous of turning every thing into gold. There are "Liv. lib. 1. n ibij. • Plutarch, in Popllcola. ^ Dionys. Halicw. S Tacitus. 10 "f In .August, chap. 30 * L.v hb. 55. o8. Plin. lib. 33, See. « Plutarcb- in Pop'.icola. -^ Ibid. 62 OF THK cirr. OF THE CITY. 63 very little remains of it at present; yet enough to make a Christiaii church.' The Pantheon was built by Marcus A- tus Cxsar; and dedicated either to Jupiter Ultor, or to Mars and Venus, or more ])rubably, to all the gods in general, as the very name [f/uasi Tav rrtarui 0ea») implies. The structure, according to Fa bricius, • is an hundred and forty feet liigh, and about the same breadth, l^ut a later author has increase. chap. (). y Ibid, 8vC. Fabric, llonja. cliap. 9. ^ Marlian. Ibid. •' Lib. 6. chap. 8. ^ Fabric, chap. 9. J llistor. hb. 'i. lb:d river-water, and spring-water. Then lielvidius Priscus the Praetor, (Plautus iFJian, one of the chief priests, going before him), after he had performed the solemn sacrifice of a swine, a sheep, and a bul- lock, for the purgation of the floor, and laid the entrails upon a green turf; humbly besought Jupiter, Juno, Minerva, and the other deities protectors of the empire, that they would be pleased to prosper their present undertakins^, and accomplish, by their di\ine assistance, what human piety had thus begun. Having concluded this prayer, he ])ut his hand to the fillets, to which the ropes, with a great stone fastened in tliem, had been tied for this occasion; when immediately the whole company of priests, senators, and knights, with the greatest part of the common people, laying hold together on the rope, with all the expressions of joy, drew the stone into the trench designed for the foundation, throwing in wedges of gold, silver, and other metals Mhich had never endured the fire." Some curious persons have observed this similitude between the >hape of these old temples and our modern churches; that they had And watchful Janus pnaixls bis tem|)le door. j Here wben the fathers have ordained to try The cUanee of" battle by liu'ir fix'd decree, I'he consul, rich i»i his (ialbinian g-own And repal jiall, leails ihe procession on ; The sounchng- hint,es g:';i all had still the same number of pillars adorned with gilded tablets. Between the pillars were set 3000 statues and images of brass. The Cavea would hold 80,000 men. The htructure which Curio afterwards raised at the funeral of his father, though inferior to the former in magnificence, yet was no less re- markable upon account of the admirable artifice and contrivance. He built two spacious theatres of wood, so ordered with hinges and other necessaries, as to be able to turn round with very little trouble. These he set at first back to back, for the celebration of the stage plays and such like diversions, to prevent the disorder that might otherwise arise by the confusion of the scenes. Towards the latter end of the day, pulling down the scenes, and joining the two fronts of the theatres, he composed an exact amphitheatre, in which he again obliged the people with a show of gladiators.* °Pompey the Great was the first that undertook the raising of a fixed theatre, which he built very nobly with square stone ; on which account, Tacitus' tells us he was severely reprehended for intro- ducing a custom so difterent from that of their forefathers, who were contented to see the like performances, in seats built only for the present occasion, and in ancient times standing only on the ground. To this purpose, I cannot omit an ingenious reflection of Ovid upon the luxury of the age he lived in, by comparing the honest simplicity of the old Romans with the vanity and extravagance of the modern in this particular: Tunc neque marmoreo pendebar.t vela thcatrOf Nee fuerant liquido pulpita rubra croco / JUic rjuas tulevant, nemorosa Palatia, frondcs Simpliciter positif : Scena sine arte fuit. In gradibus sedit pnpulus de cespite facttSf Quaiibet hirsutus Jronde tegeiite cumas." y Casalius de lib. Horn, el Imp. ' Lib 36. chap. 15. Splendore, lib. 2. chap. 5. " Ann 14. q Lib. 57. '• Ovid, de Arte AmanU; ■ Lib. 36. chap. 15. - Ibid, ••v; • • • • • • • • • ^ • • •• • »• • • • • • • • • • • • • • • ■ ■ • • c • • • • • • • • " • -.• • • • • .•/. - • • . • •. • • a • • « • . ,.' . • • • •••• • • « • • • * •* • • • • DrfoTmaiii- ex Ouu|Jir»o Prtavun"«» IU"^ir»f>hfU raiRriTa h,fJi.ff,*,f /^ Hi^hn.w ^ H,i t uini . II' t iVtmiU VA ML'^ . OF THE CITY. 67 Xo pillars then of F.g'\ pi's costlv stone, Xo piiiph- sails htiMi; wavin;^ in tlu- sun, Xo Hovvers about tliescenttd seats were thrown; IJut sylvan howcrs and shady palaces, Urouglil b\ themselves, scciircil tlieni from the rays. Thus j^niarded and refreshed wiih humble green, WondVing they gazed upon the artless scene : Their seats of homely turf the crowd would rear, And«ov» r with tireen boughs their More disordered liair. Juvenal intimates, that this good old custom remained still uncor- rupted in several parts of Italy: ipsa dieruni Festoruin fwibo^io colltur si qitcindo theatro Majtatas,- tandcmque ^ edit ad puljiita notuni Exordium^ cum persons palleiitis /tiutU7n III gremo matvif; foi midat rusticus infans ,- yhqua/es ludntus dlic, simileincjue r^idebis (Jrehestrom tt populum y' On thealrcsof turf, in homely slate. Old p'ays they act, old feasts' they celebrate ; The same nule song- returns upon the crowd. And by tradition is for wit allowed. The mimic \ early gives the same delights, And in the'mother's arms the clownish infant frights. 'J'i>eir habits (undistinguished by degree) Are plain alike ; the same simplicity IJolh on the stage, and in the pit } ou see. DnrDE?r. »Some remains of tliis theatre of Pompey are still to be seen at Home, as also of those others of Maixellus, Statilius, Taurus, Tibe- rius, and Titus, the second being almost entire. \ The Circi were places set apart for the celebration of several sorts of games, which we will speak of hereafter. They were ^'•enerallv oblong, or almost in the shape of a bow,> having a wall quite round* with ranges of seats for the convenience of the spectators. At the entrance of the Circus stood the Carceres, or lists, whence they started; and just by them one of the Metae, or marks ; the other standing at the farther end to conclude the race. There were several of these Circi in Rome, as those of Flaminius, Nero, Caracalla, and Severus: But the most remarkable, as the very name imports, was Circus Maximus, first built by 1 arquinius Pris- cus." Hie length of it was four stadia or furlongs, the breadth the like number of acres; with a trench of ten feet tleep, and as many broad, to receive the water, and seats er.ew for 150,000 men.** It was extremely beautified and adorned by succeeding princes, parti- cularly by Julius Caesar, Augustus, Caligula, Domitian, Trajan, and lieliogabalus; and enlarged to such a prodigious extent as to be able to contain, in their proper seat, 260,000 spectators.^ w Juv. Sat. 3. * Fai.ric. Ham, cliap. 12, y Marli.»n. Topog. Rom. Ant. lib. 4. chap. 10, ^ Polydor. Virg. de Rcr. invent, lib. 2. chap. 4. •* Liv. et Dionys. Halic, ^' Dionys. hb.. J. Flin, lib. 36. 6S or THE CITY. The Naiiinachix, or places fur tlie shows of sea-engagements, are no where particuhuly described ; but we may suppose them to have been very little ditfcreiit from the circus and amphitheatres, since those sorts of shows for which they were designed were often ex- hibited in the afore-mentioned places. Odeum was a public edifice, much after the manner of a theatre/ where the musicians and actors pnxately exercised before their ap- pearance on the stage. Plutarch iias described one of tiieir Ddeums at Atliens (whence, to be sure, the Romans took the hint of theirs) in tiie fallowmt: words: " For the contrivance of it, in tlie inside it was full of seats and ranges of pillars ; and, on the outside, the loof ur covering of it was made from one point at top, with a great many bfndings, all siielving downward, in imitation of the king of Persia's pnvilion."'^ The Stadia were places in tlie form of Circi, for the running of n\en and horses. " A very noble one, Suetonius' tells us, was built bv Domitian. The Xysti were places built, after the fashion of porticos, for the wrestlers to exercise in.' The Campus Martius, famous on so many accounts, was a large plain field lying near the Tiber, whence we find it sometimes under the name of Tiberinus. It was called Martius, because it had been consecrated by the old Romans to the god Mars. Besides the pleasant situation, and other natural ornaments, the continual sports and exercises performed here, made it one of the most divertins; si;;hts near the citv: For Here the young noblemen practised all manner of feats ot ac- tivity ; learned the use of all sorts of arms and weapons. Here the races, either with chariots or single horses, were undertaken. Be- sides this, it was nobly adorned with the statues of famous men, and with arches, columns, and porticos, and other magnificent struc- tures. Here stood the Villa Publica, or palace for tiie reception and entertainment of ambassadors from foreign states, who were not al- lowed to enter the city. Several of the public Comitia were hehl in this field ; and for that purpose were the Septa or Ovilia, an apartment inclosed with rails, where the Tribes or Centuries went in one by one to give their votes. Cicero, in one of his epistles to Atti.cus, intimates a noble desii^n he had to make the Septa of mar- ble, and to cover them with a high roof, with the addition of a stately ^' Marlian. Topog- Rom. Ant. lib. '' Fabuc Uoin. chup. 12. * llosin. lib, 5. chup. 4. !^ In Peiiclc •' Fabric. Uonn. chap. 12. • In Dv-mitiano. ' Fobhc. Kom. chap. 1?. OF THE CITV. 69 portico or piazzo all round. But we hear no more of this project, and therefore may reasonably suppose he was disappointed by the civil wars which broke out presently after. CHAPTER V. OF THE CURI^, SENACULA, BASILICi£, FORA, AND COMITIUM. THE Roman Curia (it signifies a public edifice) was of two sorts, divine and civil : In the former, the priests and religious orders met for the regulations of the rites and ceremonies belonging to the wor- ship of the gods ; In the other, the senate used to assemble, to con- sult about the public concerns of the commonwealth.'^ The senate could not meet in such a Curia, unless it had been solemnly conse- crated by the augurs,' and made of the same nature as a temple. Sometimes (at least) the Curiae were no distinct building, but only a room or hall in some public place ; as particularly Livy™ and Pli- ny speak of a Curia in the Comitium, though that itself were no entire structure. The most celebrated Curix were. Curia Hostilia, built by Tullus Hostilius, as Livy° informs us : and. Curia Pompeii, where the senate assembled for the effecting the death of Julius Caesar. »• Senaculum is sometimes the same as Curia :" to be sure it could be no other than a meeting-place for the senate, the same as the Grecians called y^ta^iet. Sext. Pomp. Festus' tells us of three Sena- cula ; two within the city-walls for ordinary consultations : and one without the limits of the city, where the senate assembled to give au- dience to those ambassadors of foreign states, whom they were un- willing to honour with an admission into the city. Lampridius* informs us, that the emperor Heliogabalus built a Senaculum purposely for the use of the women, where, upon high days, a council of grave matrons were to keep court. The Basilicae were very spacious and beautiful edifices, designed chiefiy for the Centumviri, or the judges to sit in a?^d hear causes, and for the counsellors to receive clients. The bankers, too, had one ^ Alex. ab. Alex. 1. chap. 16. ' A. Gell. hb. 14. chap. 7. •" Lm. 1. o Lib. 1. ^ Lib. 1. ^ Sueton. in Jul, Cars. chap. 80. 11 1 Murlian. Topog. Ant. Rom. lib. 3. chap. 2. ' In Toce Senaculum. ' Li vit. Heliogab. 70 OF TIIL CITY part of ii allotrd lor llieir residence.' Vossiu^" has observed, tliai these Hasilicic were exactly in the shape of our churches, oblono- al- most like a ship ; which was the reason that, upon the ruin of so ma- ny of them, Christain churches were several times raised on the old foundatioris, and wry oftei. a whole Hasilica converted to such a pious use. And hence, perhaps, all our ^neat domos or Cathedrals are still called Hasilicci:. The Roman Forums were public buildin«;s, about three times as long as they were broad. All the compass of the Forum was sur- rounded with arched porticos, only some passa'a's bein"- left f(u places of entrance. They generally contrived to have the most state- ly edifice all around them, as temples, theatres, basilica:, ^'c,\ They were of two sorts ; Fora Civilia, and Fora \'enalia ;*the first were designed for the ornament of the city, and for the use of pub- lic courts of justice ; the others were intended for no other end but the necessities and conveniencies of the inhabitants, and were no dcmbt ecpiivalent to our n)arket>. I believe Lipsius, in the tlescrip- tion that has been given above, means only the former. Of these there were five very considerable in Rome : Forum Romanum, built by Romulus, and adorned with porticos on all sides by Tarciuinius Priscus. It was called Forum Romanum, or simply Forum, by way of eminence, on account of its anticpiity, and of the most frequent use of it in public affairs. Martial and Statins^ for the same reason give it tiio name of Forum Latium; Ovid the same,' and of Forum Magnum;' and Ilerodian' calls it THK us;^^«/cfv ayc^av, ForUUl V CtUS. Statius the poet" has given an accurate ilescription of the F(uun) in his poem upon the statue of Domitian on horse-back, set up here by that emperor. Forum Julium, built by Julius Caesar with the spoils taken in the Gallic war. The very area Suetonius tells us, cost l()(),Of)0 ses- terces; and Dio' allirms it to have much exceeded the Forum Ro- manum. Forum Augusti, built by Augustus Cxsar, and reckoned by Pliny among the wonders of the city. The most remarkable curiositv was the statues in the two porticos on each side of the main buildin"-. In one were all the Latin kings, beginning with .Eneas; in the other, all the kings of Rome, beginning with Romulous, and most of the or THE CITY. 71 * Rosin. Ant li!^ 9. cliap. 7. " In voce nasillou. " Lips, de Mag-. Uoin. ^Epif^. lib. 2 '* Sylv.ar. lib. 1. chap. 1, y Fa.st. 4. ^ In VI t. M. Antonin. '• Syl. l,b. 1 chap. 1 *^ In ,lul. Cxs. chap. 26. 'I Dio. lib. 43. Fast. er eininent persons In the commonwealth, and Augustus himself amon^ the rest; with an inscription upon the pedestal of every statue, ex^ pressing the chief actions and exploits of the person it represented.^ This Forum, as Spartian informs us, was restored bv the empe- ror Hadrian. ^ Forum Nervae, begun by Di.mitian, as Suetonius^^' relates, but luushed and named by the emperor Nerva. In this Forum, Alex- ander Severus set up the statues of all the emperors that had been canonized,"' in imitation of the contrivance of Augustus, mentioned but now. This Forum was called 'I'ransitorium, because it lay very convenient for a passage to the other three; and Palladium, from the statue ot Minerva, the tutelar deity of Augustus;' upon which account, perhaps, Fabricius attributes the name of Palladium to the lorum of that emperor. There is scarce any thing remaining of this Forum, except an old decayed arch, which the people, by a strange coriuption, instead of Nerva's Arch, call Noah's Ark-- But the most celebrated for the admiiable structure and contri- vance was the Forum Trajani, built by the emperor Trajan, with the foreign spoils he had taken in the wars. The covering of this cdiHce was all brass, the porticos exceedingly beautiful and magni- ficent, with pillars of more than ordinary height, and chapiters of excessive bigness.' Ammianus Marcellinus, in the description of Constantius's tri- umphal entrance into Rome, when he has brought him, with no or- dinary admiration, by the baths, the Pantheon, the Capitol, and other noble structures, as soon as ever he gives him a sight of this Forum of Trajan, he puts him into an ecstacy, and cannot forbear making an harangue upon the matter. • We meet in the sajne place with a very smart repartee which Constantius received at this time from Oi niisdas, a Persian prince. The emperor, as he strangely ad- mired every thing belonging to this noble pile, so he had a particular fancy for the statue of Trajan's horse, which stood on the top of the building, and expressed his desire of doing as much for his own beast: *' Pray, Sir, says the prince, before you talk of getting such a horse, will you be pleased to build such a stable to put him in."" The chief Fora Venalia, or markets, were, Boarium, for oxen and beef. Propertius' has a pretty fancy about fhis Forum, that it took its name from Hercules's oxen, w^hich he = Lips, de Mujjnitud. Itoni. * In vit Ka Lib. 4. Eleif. lO.ver. ?0. 72 OF TJIE CITY. I ! OF THE CITY. 73 bn)ue;ht from Spain, and rescued them here, after tliey had been stolen by Cacus. Suarium, for swine. Pistoriuui, for bread. Cupedinarium, for dainties. Olitoriuni, for roots, sallads, and such like. The Comitium was only a part of the Forum Komanum, which served sometimes for the celebration of the Comitia, which will be described hereafter. In this part of the forum stood the Rostra, beins: a Susirestum, or sort of pulpit, adorned with the beaks of ships taken in a sea-fight from the inhabitants of Antium in Italy, as Livyp informs us. In this the causes were pled, the orations made, and the funeral pane- gyrics spoken by persons at the death of their relations; which pious action they termed Diftnictl pro rostris luudatio. Hard by was fixed the Putcal, of wliicii we have several ami very dittVrent accounts from the critics, but none more probable than the opinion of the ingenious Monsieur Dacier,' which he delivers to this purpose : *' The Romans, whenever a thunderbolt fell upon a place without a roof, took care, out of superstition, to have a sort of cover built over it, which they properly called Puteal. This had the name of Puteal Libonis, and Scribonium Puteal, because Scribonius Libo erected it by order of the senate. The Prxtor's tribunal standinjc just by, is often signified in authors by the same expression." CHAPTER VJ. OF THE PORTICOS, ARCHES, COLUMNS, AND TROPHIES. IN accounts of the eminent buildings of the city, the Portico^ have ever had an honourable place. They were structures of curious work and extraordinary beauty, annexed to public edifices, sacred and civil, as well for ornament as use. They generally took their names either from the temples that they stood near; as Porticus Concordise, Quirini, Horculis, ^'c. or from the authors; as Porticus Pompeia, Octavia, Livia, ^'c. or from the nature and form of the building; as Porticus curva, stadiata, porphyretica; or from the p Lib. 8. *5 Dacier, Notes on Horace, Book. 2. Sat. 6. verse 3.> shops that were kept in them, as Margaritaria, and Argentaria; or from the remarkable painting in them, as Porticus Isidis, Europse, <5J'c. ; or else from the places to which they joined, as Porticus Am- phitheatri, Porticus Circi, ^'cJ These porticos were sometimes put to very serious use, servino- for the assemblies of the senate on several accounts. Sometimes the jewellers, and such as dealt in the most precious wares, took up here their standing, to expose their goods for sale; but the general use that they were put to, was the pleasure of walking or riding in them; in the shade in summer, and in winter in the dry, like the present piazzas in Italy. Velleius Paterculus," when he deplores the extreme corruption of manners that had crept into Rome, upon the otherwise happy conclusion of the Carthaginian war, mentions particularly the vanity of the noblemen, in endeavouring to out- shine one another in the magnificence of their porticos, as a great instance of their extravagant luxury. And Juvenal in his seventh Satire complains : Balnea sexcentis, et pluris porticus, in qua Ge.ste.tur dominus (juoties pluit : anne sereuum Expectet, Kpurgatve futo jumenta recenti ? Hic potius ; namque liic mundi nitet ungula mulce. Oil sumptuous baths the rich their wealth bestow. Or some expensive airy portico ; Where safe from showers they may be borne in state. An i, free from tempc^sts, for fair wenther wait : Or rather not expect the clcariiuj; sun; Throup^h thick and thin tfieir equip .j^e must run: Or staying, 'tis not for their servants suke, But that their mules no prejudice may take. chaules drtdet*. Arches were public buildings, designed for the reward and en- couragement of noble enterprises, erected generally to the honour of such eminent persons as had either won a victory of extraordina- ry consequence abroad, or had rescued the commonwealth at home from any considerable danger. At first they were plain and rude structures, by no means remarkable for beauty or state. But in lat- ter times no expenses were thought too great for the rendering them in the highest manner splendid and magnificent; nothing be- ing more usual than to have the greatest actions of the heroes they stood to honour curiously expressed, or the whole procession of the triumph cut out on the sides. The arches built by Romulus were only of brick; that of Camillus, of plain square stone; but then those of Caesar, Drusus, Titus, Tiajan, Gordian, (J'c. were all en- tirely of marble.* As to their figure, they were at first semicircular, whence proba- bly they took their name. Afterwards they were built four-square, Fahricii Roma. chap. 1". » Lfb. O.chap. !. - Fabricli Homa, chap. 14. 74 Ul IklL CIIY. OF THE CITY. 75 with a spatioub arched gate in the niithlle, and little ones on each side. Upon the vaulted part of the middle i^ate huni^ httle u in:;ed ini;ii,^e-, representing victory, with crowns in their hands, which wiuMi they were let down, they put upon the conqueror's head as lie passed under in triumph." J'hc columns or pillars were none of the meanest beauties of the city. They were at last converted to the same desii;n as the arches, for the honourable memorial of some noble victory or exploit, after they had been a lon^ time in use for the chief ornaments of the se- pulchres of great men; as may be o;athered froni Homer, Iliad 16, where Juno, when she is foretelling the death of Sarpedon, and speaking at least of carrying him into his own country to be buried, has these w ords : EvGaf i ra^^^^vfTiivt K»(ny;nrtt t*, «t«/ tj, TofA.oftTk 5/jXn T» TO ^a* >«;ttc£5< ^xtanoiu Tilt re shall liis i;n>tlier.s »n.l sartli can give iljc iieati. The pillars of the empeiors Trajan and Anfonius have been ex- tremely admired for their beauty and curious work; and therefore deserve a particular Cassalius Pi»r. 1. c. 11 ^ llist. lib tl ^ Fabricius.cliap. r. The column of Antonius was raised in imitation of this, which it exceeded only in one respect, that it was ITG feet high ;'■ for the work was much inferior to tiie former, as being undertaken in the declining age (d- the empire. The ascent on the inside was by lOG stairs, and the wind(»ws in the sides 56. The sculpture and the other ornaments were of the same nature as those of the first ; and on the top stood a Colossus of tlie emperor, naked, as appears from some of his coins.- Both these columns are still standing at R(m»e ; the former most entire. But Pope 8ixtus the First, instead of the two statues of the emperor, set up St. Peter's on the column of Trajan, and St. Paul's on that of Antoninus." Among the columns, we must not pass by the Miliarium aureum, a gilded pillar in the Forum, erected by Augustus Csesar,at which all the highways of Italy met, and were concluded.- From this they counted their miles, at the end of every mile setting up a stone; whence came the phrase of Primus ab urbe Japh, and the like! This pillar, as Mr. Lassels informs us, is still to be seen. Nor must we forget the Columna BelJica, thus describetl bv Ovid : Prospicit a tergo summum bvevis area Cirann, Kst tin 11071 fnii'T r parva columna nota : Ilnic s-htrt hasta ?n(inu, belli pr\rnurtcia mitti In rcgem et gc/item, cum placet arma capif' Bt-hiiid the Circus on the level ground, Stands a small pdlar for its use renowned : Hvnce 'tis our J»er dd throws the fatal spear, Denotes the quarrel, and begins the war. But ihose who admire antiquity, will think all these inferior to the Cohtmna nostruta, setup to the honour of C. Duillius, when he had gained so famous a victory over the C:arthaginian and Sicilian fleets, A. U. C. 493, and adorned witli the beaks of the vessels taken in the engagement. This is still to be seen in Rome, and never fails of a visit from any curious stranger. The inscription on the basis is a noble example of the old way of writing, in the early times of the commonwealth. Besides this ancient and most celebrated one, there were several other cohnnnx ros/rafae erected on like occasions ; as particularly four by Augustus Caesar, after the Actium defeat of Antony : To these Virgii alludes : ^iddum ct navali surge7ites acre Columnas.^ The design of the trophies is too well known to need any expli- cation ; the shape of them cannot be better understood than by the following description of the poet : ' Marlian lib. 6. chap 13. ^ Casal. Par. 1. chap. 11. » Id. ' Marlian. lib. 3. chap. 18. * Ovid. Fast. 6. " Georg. 3, 76 OF THE CITY. Jngentem quercvm decisis ut(U(jue ramti, Constituit tumuU fulgentuiquf niduit u^ma, Alrzejitt duiit t'juvuis; tibi mugnt ttop'apum Heiii/iotfr.s : Jlptut vuruntes sanguine i / istas, Teiiique trunca "/;i et bis sex thoracu petitum l^erfos. i easoH f>f the decay of the marble, are very difficult to be discovered."* CHAPTER VH. OF THE liAGMOS, A^iU/EDUCTS, CLOAC/F, AND PUBLIC WAYS. THERE cannot be a greater instance of the magnificence, or rather luxury of the Romans, than their noble bagnios. Ammianus Marcel- linus observes,' that they were built in modum Provinciarum, as large as provinces : But the great Valesius' judges the word Provin- ciarumtobe a corruption of Piscinarum. And though this emenda- tion does in some measure extenuate one part of the vanity, which has been so often alleged against them from the authority of that passage of the historian ; yet the prodigious accounts we have of their ornaments and funiture will bring them, perhaps, under a censure ^ Virg ^T'.neid. 11. *^ Fabricius, chap. 14. '* Ammian. Marcel), lib. 16. • Jy'ota ad locum. 0¥ THE CITY 77 no more favourable than the former. Seneca, speaking of the luxury of his countrymen in this respect, complains, that they were arrived to such a pitch of niceness and delicacy, as to scorn to set their feet on any thing but precious stones.' And Pliny wishes good old Fa- bricius were but alive to see the degeneracy of his posterltv, when the very w(Mnen must have their seats in the baths of solitfsilver.*' But a description from a poet may, perhaps, be more diverting,* and tins 8tatius has (obliged us within his poem upon the baths of Claudius EtHKcu^. steward to the emperor Claudius: A'il ibi p/rbehtvi ; nu^u'juam Teuus fa Kulebis yKni,- stil ur^-tiito ft'ix fjropeHitw uuda. ^ir:fcnto(jue cujit, lubi isqut nite ttibus iiistat JitUiiiis iuiriita auus. tt abire rtcusut. Xothing there's vulgar; not the fuirest brass In all the gliilrring siiuctuic tlaims a place. Fn.m silver pipfsthe hui)py \va;er.s flow, In silver cisterns ire rectiv't-d below. See wjiere with ro )le pride ihe donl)tful stream Stands lixrd w th wonder on the sinning brim ; Surviys it» rlciies, and admires its state ; Loili to be ravished from the glorious seat. The most remarkable bagnios were those of the emperors Diocle. sian and Antoninus Caracalla ; great part of which are standing at this time, and with the vast high arches, the beautiful and stately pillars, the extraordinary plenty of foreign marble, the curious vault- ing of the roofs, the prodigious number of spacious apartments, and a thousand other ornaments and conveniencies, are as pleasing a sight to a traveller, as any other antiquities in Rome. To these may be added the Nymph^a; a kind of grottos sacred to the nymphs, from whose statues which adorned them, or from the waters and fountains which tliey afforded, their name is evidently- derived. A short essay of the famous Lucus Holstenius, on the old picture of a Nymphxum dug up at the foundation of the palace of the Barbarini, is to be met with in the fourth tome of Grseviu's The- saurus, p. 1800. The ac|ua:ducts were, witliout question, some of the noblest dg. signs of the old Romans. Sextus Julius Frontinus, a Roman author and a person of consular dignity, who has compiled a whole treatise on this subject, allirms them to be the clearest token of the gran- deur of the empire. The first invention of them is attributed to Ap- pius Claudius, A. U. C. 441. who brought water into the city by a channel of eleven miles in length. But this was very inconsiderable to those that were afterwards carried on by the emperors and otheF persons; several of which were cut through the mountains, and all other impediments, for above forty miles together ; and of such an ^ Kpist.af. 12 ^ Li)». 33. 6hap. \7 75 WF TiiE CITY. OF THE CITY. 7» heijirht, that a man on horseback, as Pi(>copius informs, nii«rht ride through them vvith«mt the least tliHit ult\ .' But this is meant only of the constant course of the channel ; for the vaults and arches were in some places 109 feet hiirh.- Procopius makes the' aqua;ducts but fourteen: Victor- has enlarged the number to twenty : In the names of them the waters were only mentioned ; as Aqua Claudia. Aqua Appia, tj'c. The noble poet Rutilius thu> touches on the aqueducts, in his ingenious itinerary : Qnidloquav acrio ptmlentes fornice vivos^ Qua vix nnhnf^ras tollcet Iris aquas 'J Hon potius dicas c evisse tn sidera montcSy Tulr (iigaritium C.rncia Liudat opus.v What, shoulfj I .-in^'- how lofty wattr.- flow "^ Fron, uin vuMlts, :ui.| h-ivi- ('he rain ;>flo\v, S \\\\\\v conqiK-rt-a Iris >iclas with her tmcqual bow ? ^ i3«>lcl TvphoM licrc had s[):trefl his strt-n^rth uiul skill, Ant] ri .ciiM Jove's wails tVom an\ singh- hill. f5ui that which Pliny calls Opits ontnhim inaj'imtan, were the (Jloacjc, or common gutters f(.r the coii\eyance of dirt andfdth. And because no autliority can be better than his, we may venture to borrow the whole accoutit of them from the same place. Cloucx, ojnts omnium maximum, iM)se them in their course; and then the two streams encounter with all the fury imaginable; and vet the works preserve their old strength, without any sensible dlnnage. Sometimes huge pieces of stone and timber, or such like materials, are carried down the channel, and yet tiie fabric receives no detri- ment. Sometimes the ruin of whole buildings, destroyed by lire or other casualties press heavily upon the frame. Sometimes terrible earthquakes shake the very foundations, and yet thev still continue impregnable, almost 800 years since they were first 'laid by Tarciui- nius."' \ ery little inferior io the worls already mentioned were the Pub- lic Ways, built with extraordinary charge, to a great distance from • Pioc- p.us cU Hell. (.olh. lib. 1. o I). sc.i,>. Ur!> lir^nm. Dcliell. Gcnl). hb. 1. n vim. lib. ^6. chap. 1 > the city on all sides. They were generally paved with flint, though sometimes, and especially without the city, with pebbles and gravel. The most noble, in all respects, was the Via Appia, taking its name from the author Appius, the same that invented the Aqueducts, vide p. 5.5, 56, This was carried to such a vast length, that Procopius'^ reckons it a very good five days joui ney to reach the end ; and Lip- sius' computes it at 350 miles. An account of as much of this way as lies between Home and Naples, the right reverend the present lord bishop of Sarum has obliged us with, in his letters ;♦ he tells us it is twelve feet broad ; all made of huge stones, most of them blue ; and they are generally a foot and a half large on all sides. And pre- sently after, admiiing the extiaordinary strength of the work, he says, that though it has lasted above 1800 years, yet, in most places, it is for several miles together as entire as when it w as first made. And as to the Via Flaminia, the next causey of note, the same au- thor observes, that though it be not indeed so entire as the former, ret there is enough left to raise a just idea of the Roman greatness. I must desire leave to conclude this subject with the ino-enious epigram of Janus Vitalis, an Italian poet : Quia liomain in tntdi quit is, vovus advena, Jiornci, Kt liovir. tn lioma nil rtperis tntdia ? . ispicc viurot inn violes. pr rupiaque saxa^ Oli/utar/ue liorrcnti va,sta 'I'heatru situ : Hac sunt Jioniu : I'ldcn vc/ut ipsa cudavera tantx Ifrbis adJiuc Spirent impeviosa minus ? Vicii u' li 'c 'inunauni, nisaest se vincevc : vicit, ►i se lion vu'tuVL m:e quid ni orbe foret. Jlinc vicCii in Jiovi : vtctrix Jlonia ilia stpulta est, Jltque eadevi victrij- vie toque Jia^na fuit. AlbuLi Jtoimni resiat nunc notninis inde.i\ f^ui quvquc nunc rupidis fertur tn nquor aquis. JJisct /line quoa possit Jurtuiia ; tnitiiota lubascuntt Hi qiui pe pciuo sunt agitata, mancnt. To strek for lionie, vain stranger, art thou come, And tincl*st no mark, within lionie's walls, ofUome? See here the craggy walls, tlie towers detaced. And piles that frighten more than once they pleased : See the vast ihealres, a shapeless load, And sights niore tragic ihan ihty ever showed: Tin>, ihis is l{ome ; Her huighiy drcase spread, Siill av%es in ruin, and commands when dead. 'I'JK subject world first look from her their fate; And when she CMily stood tmconquered yet, Ilcrs«.lf she last siibdut-d, to make the work complete. But ah I so d« ar the fatal triumph cost, That conquering Rome is in the conquered lost. Yet lolling Tiber still maintains his stream. Swelled with the glories of the Roman name. Strange power of fate; unshaken moles must waste; ^VIlile things that ever move, for ever last. ' 1)0 Rell. Codi. Hb. « De Magn. Kom. 1. ^ Letter 4th. • Ibid. -iHK ROMAKS. ^\ IVAUT IT.^^?,(M)R TT. OF liJi: itKLKJON or THE U0MAiN5> Cir APTKll I. OF THE TTELIGION AND IMOnALnY 01 THE ROMANS IN GEVEIIAL. THAT reliujion is absolutely iiecessaiy for the establisliiiig of civil jrovenuneiit, is a truth so far fioui belu": denied bv anv sort ol persons, that we meet with too many who are unwillinu; to all(»w any other design in sacred institutions. As to the Romans, i( has been universally agreed, that virtue and fortune were eno;aged in a sort of noble contention for the advancement of the grandeur and hap- piness of that people. And a judk. Nor, perhaps, has he strained the panegyric much too high, when he tells us, that, for several ages together, never v as the fear of God n\(M*e eminently conspicuous than in that republic.'' It was this consideration which matle t)ie great 8t. Austin observe,' that God wouUl not give heaven to the Uomans, because they w ere hea- thens ; but he gave them the empire of the world, because they were virtuous. And, indeed, in their more general virtues, their practice inclined rather to the excess than the defect : Thus were they devout to superstition ; valiant to a contempt of life, and an inconsiderate courting of danger; frugal and temperate in the first ages, to a voluntary abstinence from agreeable pleasures and con- veniences ; constant, several times, to the occasion of their own ruin, and rather rigorous than just. A tedious account of the Decii, Regulus, Fabricius, Curius,8c3evola, <5J*c. would be needless even to a school-boy, who is seldom unfurnished with a stock of such histories. But we must by no means omit a most noble saying of Cicero to this purpose, in his oration about the answer of the Aruspices : Quatn voluiniis licet, Patres Cunscrlpii, nos amemu^: tame n nee nU" ]nero Ifnpanos, nee robore GaJIos, nee caUhJltate Fcpnos, nee arltbtts Gnecos ; nee den'ujue hoc ipso hiijus gentia et feme domestico ncitivo- qite aenau Ilu/oa ipsos et Latinos ; sed pietate ac re/igionCy atque Jmr una sapientia,fjttod Deonan inunnrtalium yvti nine omnia rege guber- narique perspexinufSy oinnes gentcs nationesque snperavimus. Hut it will naturally be objected, that whatever harangues we make npon tiie justice, temperance, and other celebiated virtues of the old Jlomans, they at last degenerated into the most luxurious and extra- vagant people in the world. Every page of their own satirists is a very good argument for this opinion ; besides the numerous com- ))laints of their historians and other writers. Now, though Lipsius has undertaken to bring them oft' clear from all such imputations, yet, I think, we must be forced to allow, that they did indeed de- base the noble and generous spirit of their ancestors ; and this cor- ruption was, without doubt, the only cause of the declension and final ruin of the empire. But, as we are not to give over the cause of vir- tue on account of the debauchery of latter times, so we have little reason to exalt the eminent qualities of the old Romans to so high a pitch as some imagine. There is no necessity of making a hero of e\Qvy consul, or fancying every one who was eminently serviceable to the republic to have been a person of consummate virtue. So that when we meet in Roman authors with such extravagant enco- miums of their ancestors, we may conclude, that what Horace had observed with reference to poetry, will hold altogether as well in tjiis case ; the generality of people being so strangely transported with the love and admiration of antiquity, that nothing was more ii^ual than to meet w ilh such a person as he describes : Qui redit ad fcistos, et virtutem H^stiinat ajwi's, JMiraiurque iiildl nisi quod Libitina sucravit. Tliat, uhcn he tried a m.n's pr- lence to fame, Uuns to his chronicle loliml his name : Tliiuks virtue better tor its ajje, hkc wine ; And only likes what death has made diyine. For we may often observe, that their very panegyrics upon the ho- nest people of the iirst ages of the commonwealth represent them rather as a sort of rude, unpolished mortals, than as persons emi- nent for any noble endowments. So Juvenal, Sat. 14 : Saturubat ^lebula talis « Machiavd'a Discourse o.i l.ivy, lb 1 chap 11. « De C'ivitat'e Dei, lib. 4. chap..^. ^ Ibid. Pattern ipsutn turbamqi/e cas;t ; qua f^ta jacebat U-ror. et nfantes ludebujit quatuov, unun Vernula tres dotnmi : Sed mugnis fratribus horuni A SiTfjbe vel sulco redeuntibus aliera cana Amplior, et grandes fujuabant pultibus ollae^ This little spot of eanh, well till'd, A numerous family with pleniy fill'd, The good old man and thrift) housewife spent Their duys in peace, and fatten'd with content ; 11 g2 OF THE RELIGION OF Knj(»}e(l the dri'^s onitc, ;«n(I luM to sec A loiij^-is treriililing Wife returning houic, And rusiicjilv io\ 'd as chief of Itoinc. She wiped tlie sweat from the cJictaToi's brow, "^ And o'er his iju- k his robe (hd rudely throw ; sniiinrv 'J'h. lictors t)orc in slate the lor I's lrium[)tiaijt plough. J We must therefore allow every aj^e its proper character and com- mendation, and conclu(h* with the in;^enious Monsieur .St. Evre- mont, " that the excellent citizens lived amnuji; the ancient J^)- mans, and the most accomplished generals among the latter."*' CHAPTER IJ. OF THE LUPERCI, LUPEKCALIA, kc. ; OF THE POTI'l II AND PINARU ; AND OF THE AUVAL BROTHERS. THE places of wor^liip having been already described the chief subjects that still remain, relating to religion, are the priests, the sacrifices, and the festivals : For it would be very needless and impertinent to enter into a disfjuisition alxmt the deities ; a matter that is involved in so many endless fictions, and yet has employed so many pens to explain it. Litpcrci. — The most ancient order of the priests were the Luperci, sacred to Pan, the god of the country, and particularly of shepherds. They had tlieir name from the deity they attended on, called in Greek Ai/xa/c; ; probably from xujtof a wolf, in Latin lupm ; because the chief employment of Pan was the driving away such beasts from tlie sheep that he protected. The Lupcrcalia.'ds Plutarch observes, appears to have been a feast Pers. Sat. I. « Keflect. opon the Genius of the Iloman People, chap. 4. THE ROMANS. 83 of purification, being solemnized on the Dies Ncfasti, or non-court days, of the month (d' February, which derives its name from /f/>n;oes a story, that the Pmai ii happening to come too late to the sacrifice, so as to lose their share in the entrails, they were, by way of punishment, (lebarred fron» ever tasting them for the future; and hence some derive their name from w«t !iis eyes, as a judgment for his part in the olVence. Acca Laurenlia, Romulu-'s nur^e, had a custom once a year to make a solemn sacrifice for a blessing upon tlie fields; her twelve sons assistinij; her always in the solemnirv. At last she had the ill fortune to lose one of her sons; when Romulus, to shew his grati- tude and respect, olVered himself to till up the number in his room, and gave the company the name of IVa/ra Arvuks This order was m great repute at Rome ; they held the dignity always for their lives, and ni^ver lost it upon account of imj)risonment, banishment, or any other accident.'" They wore on their heads, at the time of their solemnity, crowns made of ears of corn, upon a tradition that Lau- rentia at first presented Romulus with such an one. Some will have it that it was their business to take care of the boundaries, and the divisions of lands, and to decide all controversies that might happen about them ; the processions or perambulations made under their guidance being termed Jliubarvulla. Others make a dii^'erent order, instituted for that puopose, and called Soilaks ^^na/cs, on the same account as the Frutre^ Annies, Mb. 1. chap. 1. "^ Phn. lib. ir. chap. 2. •• Pom'), l^jel. dc Saccnj THE ROMANS. 85 CIIAPTEM i:i, OF llIK ALC.IUS, AVCiL'RIKS, cJ'C. THK invention of soothsaying is generally attribut«Ml to the Chal- deans ; from tliem the art passed to the Grecians ; the Grecians delivered it to the 'l'uscans,and they to the Latins and tiie Romans. The name of Augurs is derived by some, ub avium gestu ; by others, ub avium i^arritu ; either from the motion and actions, or from the chirping and cliattering of birds. Romulus was himself an extraor- dinary proficient in this art, and therefore, a^ he divided the city into three tribes, so he constituted three Augurs, one for every tribe. There was a fourth added some time after, probably by Servius Tul- lius, who increased the tribes to that number. These four bein;r all cho."5en out of the Patricii or nobility, in the year of the city 454, the Tribunes of the people, with much difficulty, procured an order, that Wm" persons to be elected out of the commons, should be added to the college.'' Afterwards, Sylla tlie Dictator, A. U. C. 671, made the number up fifteen. 'J'he eldest of these had the command of the rest, and was honoured with the title of Jift^'id/er Coilegii, Tlieir business was to interpret dreams, oracles, prodigies, kc.and to tell whether any action should be fortunate or prejudicial to any particular persons, or to the whole commonv.ealth. Upon this ac- count, they very often occasioned the displacing of magistrates, the deferring of public assemblies, ^'c. vvlienever the omens proved unlucky. Before we proceed to the several kinds of auguries, it may not be improper to give an account of the two chief terms by which they are distinguished in authors, dextra and sinistra. These being dif- ferently applied by the Greeks and Latins, and very often by the Latins themselves, (who sometimes speak agreeably to the Grecian customs, sometimes according to their own,) have given occasion to many mistakes, which may be all cleared up by this easy observa- tion; that the Greeks and Romans both deriving the happiness of their omens from the eastern quarter, the former turned towards the north, and so had the east on the right hand ; the latter towards the south, and therefore had the east on tlieir left. Vide Bullerh- ^cr, de Augur, et Auspic, 1. 2. c. 2. There are five sorts of auguries mentioned in authors. \, From the appearances in heaven; as thunder, lightning, c6- ' Plutarch, ill Uomul,- « l.iv. lib. 10. 1 Floras Epitom. Liv lib. 89. - Alex. aD. Alex. lib. 5. ciiap. 19. x^ S6 OF THL RELIGION OF THE ROMANS. 87 mets, and other meteors. As suppose of thunder, whether it came from the right or the left ; whether the number of strokes were even or o(hl, ^-c. Only the master of the college could take this sort of augury." 2. Fronj birds ; whence they had the names of Auspices, from avis antl specio. Some l)irds furnish them with observations from their chattering and singing, others from their flying. The former they called oscines, the \Merpr,Tpet€fi, Of the first sort were crows, pies, owls, Sec; of the other eagles, vultures, buzzards, and the like. For the taking of both these sorts of auguries, the observer stood upon a tower with his head covered, in a gown peculiar to his oftice, called Lxna, and turning his face towards the east, marked out the heavens into four templa or quarters, with his Lituus,ashort straight rod, only a little turning at one end : this done, he staid waiting tor the omen ; which never signified any thing, unless confirmed by another of the same sort. 3. From chickens kept in a coop or pen for this purpose. The manner of divining from them was as follows: betimes in the morn- in<^ the Augur that was to make the observation, called from hence Pullarius, (though perhaps the keeper of the chickens had rather tiiat name,) in the first place commanding a general silence, ordered the pen to be opened, and threw down a handful of crumbs or corn. It the chickens did not immediately run fluttering to the meat; if they scattered 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 mischance; but if they leaped pre- sently out of the pen, and fell to so greedily, as to let some of their meat drop out of their mouths upon the pavement, there was all the assurance in the world of happiness and success,' this augury was called Tripudiiun, quasi Terripavium, from striking the earth ; tlie old word pavire signifying as much nsfcnre. We meet with Tri- imdlum Solistimum, and Tripvdium Soniviuw, in Festus, both de- rived from the crumbs falling to the ground. 4. From beasts. These, as Rosiims reckons them up, werewolves, foxes, goats, heifers, asses, rams, hares, weasels, and mice. The treneral observations about them were, whether they appeared in ii strange place, or crossed the way; or whether they run to the right or the left, cj'c. , , , • 5. The last sort of divination was from what they called Dirx, or unusual accidents to any person or place ; sneezing, stumbling, see- ing apparitions, hearing strange voices, the falling of salt upon the table, the spilling of wine upon one*s clothes, the meeting a wolf, a fox, a hare, a bitch with whelps, Sfc, We may observe, that though any augur might take an observa- tion ; yet the judging of the omen was left to the decision of the whole college." Cicero has sufficiently exposed these auguries, especially that about the chickens, in his second book of divination. The learned Mr. (). W. has taken notice, that the emperors as- sumed the office of augurs as well as of pontift's, as appears from se- veral coins of Julius, Augustus, Vespasian, Verus, &c. which have the Augur's ensigns upon them. CHAPTER IV. OF THE ARUSPICES AND POXTIFICES. THE Aruspices had this name ab aris aspiciendis, from looking upon the altars; as ab extis inspicietidis, they were called Extis- pices ; they owe their original to Romulus, who borrowed the in- stitution from the Tuscans. The Tuscans received it, as the ge- neral tradition goes, from a boy that they strangely ploughed up out of the ground, who obliged them with a discovery of all the mysteries belonging to this art.^ At first only the natives of Tus- cany exercised this office at Rome ; and therefore the senate made an order, that twelve of the sons of the principal nobility should be sent into that country to be instructed in the rites and ceremonies of their religion, of which this secret was a chief part.^ The busi- ness of the Aruspices was to look upon the beasts oflfered in sacri- fice, and by them to divine the success of any enterprise. They took their observations from four appearances : 1 . From the beasts before they were cut up. 2. From the entrails of those beasts after they were cut up. 3. From the flame that used to rise when they were burning. 4. From the flower or bran, from the frankincense, wine and wa- ter, that thev used in the sacrifice. In the beasts, before they were cut up, they took notice, whether they were forcibly dragged to the altar ; whether they got loose out of the leader's hands ; whether they escaped the stroke ; or bounded Alex, ab Ale^. lib. *». chap. 19. Idem, lib. 9. chap. 29. " Idem, lib. 1. chap. 29. * Cicero de Div. lib. 2. ' Idem, de Div. lib. 1. 4}|}^ 88 OI TIIL RI-LIOION OI THE ROMANS. SQ up, and roared vorv loud when tlioy rerolved it: uhetljcr llioy died witli a '^fvM dea! of ddliculty ; all wliuli, with several other omens, were rounted unfoitunate : Or whether, on the other side, they fol- lowed the leader withimt compulsion ; received the blow without struj'-iiiiuff and resistance; whether thev bled easilv, and sent out n great (|uantity (d" blood, which gave ecjuid assuiance of a prosjMMous event. In the beast when cut up, they observed the colour of the parts, and whether any were wantinj!;. A double liver was counted highly unfortunate ; a little, or lean heart, was always uiducky ; if the heart was wliollv missinjr, nothing could be thoui^ht more fatal and dread- ful, as it happened in two oxen toi!;ether oiVfred by Jullut* Cicsar, a lilt.e before his murder ; if the entrails fell out of the priest's hands ; if they were besmeared more than ordinary with blood ; if they were of a pale livid colour, they por ended sudden danger and ruin. Ah to tiie iiame of the sacrifice, it funii.^hed them with a good omen, if it gathered up violently, and |»resently consumed the sacri- fice; if it was clt'ar, pure, and tr.insj)arent, withcmt any mixture of smoke, and not discoloured witli red, j)ale, or blac k ; if it was cjuiet and calm, not sparkling or crackling, but run uj) directly in the shape of a pyramid. On tiic contrary, it always portended misfor- tunes, if at lirst it retiuired much pains to light it; if it did not burn u[)right, but rolled into circles and left void spaces between them ; if it did not presently catch hold on the whole sacrifice, but crept up by degrees, from (me part to another : if it happened to be spread about by the wind, or to be put out by sudden rain, or to leave any part unctmsumed. In the meal, frankincense, wine and water, they were to observe, wiiether they had their due quantity, their proper taste, colour and siiK'il, tyc. 'I'here were sever.il lesser signs which supplied them with con- jectures, too insignificant to be here mentioned. Most of those ill omens are hinted at bv Virj^il, Geor. 3. v. 486. Siipc in honnrp /)t\.m vierlio stans haatia ad aram, JjiUici tlum litre ^ cti cunuUitu- tnful.i vttta. Inter ciinctaii tn ctutdit muribitmlu niiiifttros. »'lut m tjuani fc^ro mactuVi-rat aittc s.ivrdos, Jhdc iic(jue inipos tis a> dent ulturia fid- ts JVt'C rexpotis ■ /Hjtest cunsulius leddcrc nit as ■ Jlc VI V o ppusiti tiiiguntur .tunguine cu/triy tSummuqut jejuna sanie infuscutur arena. Tue M( iMii ox that was i'ov ahars pressrd, Tnnniifd with wl.itr ribbons, ami with garlands dressed, Sih.k of himself \\ilii<»ut liie i;ods command, Pit Ncntiiig llie slow sacrilif-er's hand ; Or, hy >he wooh\ buiclifrithe fril. The inspected entrails could no fule foretell : Snr laid on altars, did pure fltmfs arise, Hu' clouds of s'noiddrinp: smoki- forbad the sacrifice ; S( arccly the kiiifV was red'Iened with h:s j^nre, Or lit' b!a( k poison stained the sandy floor. i»iiTi)r.v. Yet the business of the Aruspices was not restrained to the altars and >acrifices, but they had an equal right to the explaining*- all other portents and monsters. Hence we find them often consulted by the senate on extraordinary occasions: or if the Roman Arus- pices lay under a disrepute, others were sent for out of Tuscany, where this craft mostly ilourisod, as it was first invented. The college of Aruspices, as well as those of the other religious orders, had their particular registers and records, such as the memo- rials of thunders and lightenings, the Tuscan histories, and the like. 'I'here are but two accounts of the derivation of the name of the Pontifices, and both very uncertain ; either from pons, and fcfccrc ; because they first built the Sublician bridge in Rome, and had the care of its repair; or from posse and /accrc, where farcere must be interpreted to signify the same as offerrc and sacnficarc. The first of these is the most received opinion: and y^t Plutarch himself hath called it absurd.^ At the first institution of them by Numa, the number was confined to four, who were constantly chosen out of the nobility, till the year of the city 454, when fife more were ordered to be added of the commons, at the same time that the Augurs re- ceived the like addition. And a- the Augurs had a colle^e^ so the Pontifices too were settled in such a body. And as Syila afterwards added seven Augurs, so he added as many Pontifices to the college : the first eiglit bearing the name ii{ Pontifices uufjorcs, and the rlst of ininores. The olficc of the Pontifices, was to give judgment in all causes relating to religion ; to in Zosimus) absolutely refused it. Volvdore Vir-il' does not (|uestion but this was an infallible omen of the'authoiity'which the bishop of Rome enjoys to this day. un- der the name of Pontifcx Maximus. CHAPTER V. OF THE FLAMINES, REX SACRORUM, SALII, FESCIALES, AND SODALES. • THE name of the Flamincs is not much clearer than the former. Plutarch makes it a corruption of /«7«m».e« from pikm a sort of cap proper to the order. Varro, Festus. and ^^^^-^l'^f^'''\^^ ^°": traction .^fdamine., h.^fdum ; and tells us, that finding their caps too heavy and troublesome, they took up a lighter fashion, on y bind- in. a parcel of threa.l about their heads. Others derive the word iZJiymina orjla.uum, a sort of turban, which they make them to have worn ; though this generally signifies * ^^on^^" « veil. Ros nus and Mr. Dodwell declare f..r the second of these opinions ; Polydorc Virgil has given his judgment in favour of the third.- Numa at first discharged several offices of re ig.on h.msel and designed that all his successors should do the like ; but becau e he thought the greatest part of them would partake more of K"-.'" s genius than his own. and that their being engaged m -^Hike enter nri-^es mi.^ht incapacitate them for this function, he instituted these TxZZ\. take care of the same services, which by right belonged '" The oSihree constituted at first were Flamen Dialis. Martialis and Quirinalis. The first was sacred to Jupiter ; and a person of the lUghost authority in the commonwealth He was oW.gedto ob- serve Several superstitious restraints, as well as honoured -th -r» eminent privileges, beyond other officers ; which are reckoned up at y H stor. lib. 4. • De reruin invent, hb. 4. chap. 14- a De rer. invent, lib. 4. chap. 14. b Liv lib. 1. THE ROMANS. 91 large by Gllius.'^ The same author tells us, that the wife of this Flamen had the name of Flaminica, and was intrusted with the care of several ceremonies peculiar to her place. But to be sure, the greatness of the dignity was sufficiently dimi- nislK'd 'n\ succeding times ; otherwise we cannot imagine that Julius Caesar should have been invested with it at seventeen years of age as Suetonius' informs us he was, or that Sylla should have so easily driven hini from his office and from his house. The other two were of less, yet of very eminent authority ; ordain- ed to inspect the rites of Mars and Romulus. All three were chosen out of the nobility. Several priests of the same order, though of in- ferior power and dignity, wfM'e added in later times ; the whole num- ber being generally computed at fifteen. Yet Fenestella (or the au- thor under his name) assures us from Varro, that the old Romans had a particular Flamen for every deity they worship.*" Though the Flamen Dialis discharged several religious duties that properly belonged to the kings, yet we meet with another officer of greater authority, who seems to have been purely designed for that employment : and this was the Rex Sacrifmdus, or Sacrorum, Dio- nysius gives us the original of this institution as follows : ** Because the kings had in a great many respects been very serviceable to the state, the establishers of the commonwealth thought it verv proper to keep always the name of king in the city. Upon this' account they ordered the Augurs and Pontifices to choose out a fit person, who should engage never to have the least hand in civil aftairs, but devote himself wholly to the care of the public worship and ceremo- nies of religion, with the title of Rex Sacrorum. "'^ And Livy in- forms us, that the office of Rex Sacrorum, was therefore made infe- rior to that of Pontifex Maximus, for fear that the name of king, which liad been formerly so odious to the people, might for all this restraint, be still, in some measure, prejudicial to their liberty.^. .S«/n.— The original uf Sr ii maybe thus gathered from Plutarch. In the eighth year of Numa's reign, a terrible pestilence spreading itself over Italy, among other places miserably infested Rome. The citizens were almost grown desperate, when^hey were comforted on a sudden by the report of a brazen target, which (they say) fell into Nuiiia's hands from heaven. The king was assured by the con- ference he maintained with the nymph Egeria and the muses, that the target was sent from the gods for the cure and safety of the city ; and this was soon verified by the miraculous ceasing of the sick- ness. They advised him, too, to make eleven other targets, so like ' Noct. Alt. lib. 10. chap. 15. ' Chap. 1. « De Sacerdotlis, chap. 5. ^ Antiq. lib. 5. % U\\ lib. 92 OF Tlli: RELIGION Of . „ „,,;, .li.ncu.ons aiul form to ti.e original. tl.U ... case tl.e.c should ^ i.. of stear...s it away, tl.e true m.,l.t ..ot be d..t..>,u.sl.ed ! Wo",: fro... tl.ose vvhicl, were cou,.terfe.te.l ; by wh.cl. mea..s U lu 1 be ...o.e .liflicult to defeat the cou...els o. tate, ... wl.,cl, . ee. deter...i..ed. that, while th.s was preserved. .J.e c.ty sl...uld ve hanny and victorious. This d.^col. work „,re Ve.te.-.usMa- ius v'ery luckilv perfor...ed, a..d ...ade eleve.. others that N«...a Lself could ..ot k..ow f.o.u the f.rst. They were worked ...to an val for,u. with sevcal folds or plaits clos.n-^ one ov^r anothe . They exactly f.tted the elbow by their figure •, a>.d were thence call- ed LylUu IVo... i.v.A.. wh.ch sig..ifies a crooked javehn; o.- ..o.u a.e cui.it (i>.<...) that part of the ar.n between the wr.^t and the el- b„w up.... which thev carried the Ancylia:'' For tl.e keep.ng ot tho,e Nu.na instituted an o..ler of p.iests. called Said a .ulundo. ,,„„ ieap.,,^ o.- aa,.c.ng. They lived all i.. a body, a.id co...posed a collc^e consisti..^ of the sa.ne ..«...ber of ,ne.. w.tl. the bucklers which they p.ese.ve.l. The tl.,ee se..io,s governed t'— ' "^ who.n the f..st had the na.i.e of 1>. xsul. the second ot \ ates. a...l the other of Magister.' In the .nonth of Ma.ch was tl.e.r g.ea least, whe.. they carried their sac.cd cha.ge about the c.ty. At th.s pro- cessio,. they were habited i,. a short scarlet cassock hav.ng round ,he.n a broad belt clasped with b.ass buckles. O., the.r head they wore a sort of copper hel.nct. In this ...anner they we..t on w.th a nimble .notion, keepi..s just n,ea,u,es with their feet. a...l de.non- strati..g s.eat st.e..gth a.,d agility by the var.ous a..d ha..dso...e turns o^- their body.i They sung all alo..g a set of old verses called Cannen ^ulaire ; the origi..al for.., of « hich was co.nposed by N u.na They were sac.ed to Mars (the ancylia, or targets be.ng pa.ts ol .„) who f.o.n then, took the nau.e of Salisubsu us. A..d there- fore, upon accou..t of the ext.ao,di..ary noise a..d shak...g that they ,„ade i.. their dances, Catullus, to signify a stroi.g bridge, has u.ed the phrase. In quo vt'l Salisuhsuli sacra funto^ Unless the conjecture of Vo.sius be true, that Salisubsulus is here a corruption from salii ipsulU ; the performers in those dances bearing uiththem, an.ong other superstitious trifles, a sort ot tun plates worked into the shapes of n.en and women, which they called ip.ile,, or subsUes, and ipsul:.. or subs^d.. Vpon admitting this opm.on. Mars must lose his name of t^alisubsulus ; and Pacuvius cannot reueve him; because the verse with this word m it commonly cited l.om that old poet, is thought (by Vossius at least) to be a mere hctio. i. iMntuich. in Numa. ' Plutarch in Nun^. i Alex, ub \Kv lih. 1. chap. 26. ' Calull. Cuim. 17. THE ROMANS. 9:^ of Muretus's, who was noted for this kind of forgery. See Voss. in Catull.p. 46. Though tlie month of March (dedicated to that god) was the pro- per tinu-'for carrying about the ancylia ; yet if at anytime a just and lawful war had been proclaimed by order of the senate, against any state or people, the Salii were in a solemn manner to move the ancy- lia • as if by that means they roused Mars from his seat, and sent him out to the assistance of their arms.' Tullus Mostilius afterwards increased the college with twelve more Salii, in pursuance of a vow he made in the battle with the Sa- i)ines. And therefore, for distinction's sake, the twelve first were ge- nerally called Salii'Palatini, fr(»m the Palatine mountain, whence they began their procession ; the other Salii Collini or Agonenses, from the Quirinal hill, sometimes called Mons Agonalis, where they had a chapel, in one of the highest eminences of the mountain.'" Alexander ab Vlexandro has observed, that the entertainments of these priests upon their solemn festivals were exceeding costly and magnificent, with all the variety of music, garlands, perfumes, ^c. ;° and tlierefore Horace uses dupes mliarea for delicate meats, as he does pontificum ccrnse- for great regalios. Feciaies.-^The Feciales Varro derives from Jides, because they had the care of the public faith in leagues and contracts. Others bring the word a fttdtre faciendo, on the same account. Their ori- ginal! in Italy was very ancient. Dionysius Halicarn, finds them among the Aborigines, under the name of c-Toicrcogo«, Ubamiaiim fulorcs: And Virgil intimates as much in several places. Numa first instituted the order at Rome,' consisting of twenty persons,' chosen out of the most eminent families in the city, and settled in a college. It is probable he ranked them among the ofiicers of re- ligion, to procure them the more deference and authority, and to make their persons more sacred in the commonwealth. Their ofilce was to be the arbitrators of all controversies relating to war and peace ; nor was it lawful on any account to take up arms till they had declared all means and expedients that might tend to an accommodation to be insufficient. In case the republic had suffered any injury from a foreign state, they despatched these Feciales, who were properly heralds, to demand satisfaction ; who, if they could procure no restitution or just return, calling the gods to witness against the people and country, immediately denounced war ; other- J Alex, ab Al'^x. lib. 1. chap. 26. ™ DioMVS. H:ilic. lib. 3. •> Gc:n. Dier hb 1. chap. 6. '^ Lib. 1. Od. 37. p Lib. 1. 0.1.14. s Dionys. Liv. ' Alex ab. Akx. lib. 5. chap. 3. 14 94 Ut THE RELIGION Ok THE ROMANS. y5 wise they confirmed the alliance that liail been formerly made, or contracted a new one.^ But the ceremonies used upon both these occasions, will fall more properly under another head. It is enough to observe here, that both the aftairs were managed by these ofli- cers, with the coFisent of the senate and people. As to the Pater Patratus, it is not easy to determine whether he was a constant officer, and the chief of the Feciales, or whether he was not a temporary niaster, elected upon account of making a peace or denouncing a war, which were both done by him. Rosinus makes him the constant governor or master of the t'eciales ; Fenestella (or the author under his name) a distinct olficer altogether." Pomponius Lxtus and Polydore Viigil tell us, that he was only chosen by one of the Feciales, out of tlieir own body, upon such occasions as we have just mentioned. The latter opinion may be defended by the authority of Livy, who, in order to the treaty w ith the Albans before the triple combat of the Iloratii and Curiatii, makes one of the Fe- ciales chosen a Pater Patratus to perform that ceremony.* The per- son to be instrusted with the olfue must have been one who had a father and a son botli alive ; and therefore Pater Patratus is no more than a mor.' perfect sort of father ; as they imagined him to be whose own father was still living, after he himself had been a father for some time. Perhaps too they might fancy him to be the fittest judge in artairs of such consequence, who could see as well behind as be- fore him.y Though the members of any collegiate body, and particularly the free tradesmen of the several companies, are often called Sodales ; yet those who challenged that name by way of eminence, were reli- gious ofiiccrs, instituted io take care of the festivals and annual ho- nours of great persons deceased. The first of this order were the 80- daies Titii, created to supervise the solemnities in memory of Tatius the 8abine kin^. Tiberius founded a college of the same nature, and gave the members the title of Sodales Augustales; their business was to inspect the rites paid to Augutus CcX^ar after his death ; and to perform the same good offices to the whole Julian family, as the old Sodales Titii ])reserved the sacred memorials of all the Sabine race. Afterwards we meet with the Sodales Antoniniani, Helviani, Al- exandrini, tj'c. instituted on the like accounts, but so restrained to ' I'lutarcluin Num. w Deinvt-nt. rer. lib. 4. chap. 14. ' L»b. 3. chap. 21. x Lib. 1. chap. 24. " De Sacerdot. Kom. chap. 6. y Plutarch, in Question KomaM. • Ibid. the service of the particular emperors, that the Antoniniani, for ex- ample, were divided into the Pii, Lucii, Marci, ^'c. according to the prope name of the prince on whose honours they were to attend. Vide Dodwell. Praclect. 1. ad Spartian. Hadrian. S. 5. CHAPTER VI. ON THE VESTAL&. THE institution of the Vestal Virgins is generally attributed to Numa; though we meet with the sacred fire long before, and even m the time of i^^neas. But perhaps Numa was the first who settled the order, and built a temple to the Goddess in Rome. Their office was to attend upon the rites of Vesta, the chief part of it' being the preservation of the holy fire, which Numa, fancying fire to be the first principle of all things, committed to their charge. Ovid tells us, that they understood nothing else but fire by Vesta herself: JMec tu uUud Vestam guiim vivam inielhge Jiutnmain ^ Thoudi sometimes he makes her the same as the earth : •Tc/lus Vestaqtie iiuinen idem est. Polydore Virgil reconciles the two names by observing, that fire, or the neutral heat by which all things are produced, is inclosed in the earth. •* They were obliged to keep this fire with all the care in the world ; and, if it happened to go out, it was thought impiety to light it at any common flame, but they made use of the pure and unpolluted rays of the sun.*^ Every year, on the first of March, whether it had gone out or not, they always lighted it a-new.' There were other relics and holy things under their care, of which we have very uncertain accounts ; particularly the famous Palladium brought from Troy by -/Eneas ; for Ulysses and Diomedes stole only a counterfeit one, a copy of the other, which was kept with less care. Dionysius and Plutarch assure us, that Numa constituted only four virgins for this service ; and that the same number remained ever after, And therefore a great antiquary is certainly mistaken, when he makes the number increased to twenty.^. They were admitted into this society between the years of six « Virg. iEneid. lib. 2. 297. * Pliitarch. et Ditnvsius. b Fast. 6. V.231. '■ Fas.-. 6. V. 460. «* De InTent. rer. lib. 1. chap. 14, * Plutarch, in Numa. ^ Alex, ab Alex. lib. v. chap. 12. Ma- cr(.b Suturnrtl. lib. l.ciiap. 12. s Alex, ab Akx.ibid. iMJBimiaC 96 OF THE RELIGION OF and ten; and were not properly said to be elected or created, bat captx, taken; the Pontifex Maximiis takinj^lier that lie liked by the hand, and leadinj^ her, as it were by force, from her parents.'' The chief rules prescribed tiicni by their founder, were to vow the strictest chastity for the spare of thirty years. The first ten they were only novices, obli«^ed to learn the ceremonies, and perfect themselves in the duties of their religion. The next ten years they actually discharu;ed the sacredotal function; and spent the reniain- ini^ len in teaching; and instructing; others. After this term was com- pleated, they had liberty to leave the order, and ch(»osc any condi- tion of life that best suited with their inclinations; though this was counted unlucky, and therefore seldom put in practice. Upon com- mission of any lesser faults, they were punished as the Pontifex Maxi- nius (who had the care of them) thought fit. Rut if they broke theii vow of virginity, they were constantly buried alive in a place with- out the city wall, alloted for that particular use,' and thence called campus selcratuSy as Festus informs us. But this severe condition was recompensed with several privileges and prerogatives. When they went abroad, they had the fasces car- ried before them,' a consul or the praetor being obliged to give them the way.*^ And if in their walk they casually lighted upon a male- factor leading to execution, they had the favour to deliver him from th^ hands of justice, provided they made oath that their meetin was purely accidental, without any compact or design.* CHAPTER Ml. Of THE DUUMVIRI, DECEMVIRI, AM) qUINDECEMVIRI, KEEPERS OF THE SIBVLLIXE WRITINGS; AND OF THE CORYBANTES, OR PRIESTS OF CYBELE, AND THE EPULONES. THE first of these orders, famous only on account of the relics tliey preserved, owe their original to this occasion : A strange old woman came once to Tarcjuinius 8uj)erbus with nine books, which she said w ere the oracles of the Sibyls, and prof- fered to sell them. But the king making some scruple about \\u\ price, she went away and burnt three of them ; and returning with the six, asked the same sum as before. Tarquin only laughed at '' A. Gell. lib. 1 chap. 12. ^ Alcx.ab Alex. lib. 5. chap. 1 ;. ' Plutarch, in Num. i Ibid. ' Plutarch in Num. TH EROMANS. 9T the humour ; upon which the old w oman left him once more ; and after she had burnt three others, came again with those that were left, but «itill kept to her old terms. The king began now to wonder at her obstinacy, and thinking there might be something more than ordiiiarv in the business, sent for the Augurs to consult what was to be done. Thev, when their divinaticms were performed, soon ac- quainted him what a piece of impiety he had been guilty of, by re- fusin**- a treasure sent to him from heaven, and commanded him to o-ive whatever she demanded for the books that remained. The wo- man received her monev, and delivered the writings, and onlv charging them by all means to keep them sacred, immediately van- ished. Two of the nobility were presently after chosen to be the keepers of these oracles, which were laid up witli all in»aginable care in the capitol in a chest under ground. They could not be con- sulted without a special order from the senate, which was never granted unless upon the receiving some notable defeat, upon the ris- in«»' of anv considerable mutiny or sedititm in the state : or upon some other extraordinary occasion ;"' several of w hich we meet with in Livy." The number of priests, in this as in most other orders, was several tinjes altered. The Duumviri'^ continued till about the year of the city 388, when the tribunes of the people preferred a law, that there should 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 dictator, when the Quin- decemviri occur; which addition of five persons may, with very good reason, be attributed to him, who increased so many of the other or- ders. It were needless 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 Varro; though some make them nine, some four, some three, and some only one." They all lived in dift'erent ages ami countries, were all prophetesses; and, if we believe the common opinion, foretold the coming of our Saviour. As to the writing, Dempster tells us, it was in linen. t" But one would think the com- mon phiase of Folia SihyU^,y used bv Virgil, Horace, and other cred- ible authors, should argue, that thev wrote their prophecies on leaves of trees ; especially if we consider the great antiquity which is generally allowed them, and are assured at the same time bv Pliny,'» that this was the oldest w^ay of writing. • They had the common name of Duumviri {Decemviri, or Qu'indecemvirij Sacris faciundis. '=> Dionys. Antiq. lib. 4. " Panlcularly lib. 3. chap. 10 lib. 5. chap. 13 lib. 7. chap. 28 lib. 4 chap. 21 . Dempster ad Hosin. lib. 3. chap. 24. f Ibid. ^ Lib. 33. chap. 11. 96 OF THE RELIGION OF THE ROMANS. 9Si Solinus acquaints us, tliat these books which Tarquin brought were burnt m the conflagration of the capitol, the year before S} Has dic- katorship. Yet there were others of their inspired writings, or at least copies or extracts from them, gathered up in Greece and other parts, upon a special search made by order of the senate ; wliich were kept with the same superstition as the former, till about the time of Theodosius the Great, when, the greatest part of the senate having embract'd the Christian faith, such vanities began to grow- out of fashion; till at last Stilicho burnt them all, under Honorius, for which he is so severely censured by the noble poet Rutilius, in his ingenious Itinerary : Nee tantum Geficisgrassatus ftrodifor arniiSf ^hite SibtfUinn Jata cretnavit Ojus Oiinnus Mtliccam cojisumpto funerf torris ; Ntsnum crinem flcrt fMtaniuv a7x. Uic armatu manus {Cur etas nomine Gvaii \ Quos nienwruni Phrygios) inter se fortt cateryy'is Ludunt^ numerumque ersuUant sanguine Lvti ; et Teirijicas cupitutn quatieritis numine cristas. JJict.ios referunt Curetas ; qui Jovis ilium Va^itum tn Creta quondam occultasse fercutur. Cum pueri citciwi puerujn permce chorea Jirmiiti in numerum pulsarent irribus ara, AV Suturnus earn malis mandnret adeptusy jEtemumque daret inatri aub pectore vnlnus. Coiicernnig her, fond superstition frames A thousand odd conceits, a thousand names. And gives her a large train of Phrygian dames: Because in Phrygia corn at first took birth, And thence was scalter'd oVr the other earth. Tiic) eunuch all iier priests; from whence 'lis shown. That they deserve no children of tiieir own, Who or abuse their sir*, s, or disrespect, Or treat their mothers with « cold neglect ; I'heir mothers whom they should adore. Amidst her pomp fierce drums ami cyn»bals beat, And the hoarse horns with rattling notes do threat ; The pipe with Phrygian airs disturbs their soul;. Fill, reason overthrown, mad passion rules. The> carry arms, those dreadful si.qnsof war. To raise i* th' impious rout religious fear. • • * • ** * ♦ Here some in arms dance round among the crowd, lx)ok dreadful gay in their Ovvn sparkling blood, Their crests still shaking with a dreadfii'l nod. These represent those armed priests who strove To drown the tender cries of infant Jove : Bv dancing quick they made a greater soimd. And beat iheir armour as they danc'd around. Lest Saturn should have found, and eat the boy, And Ops for ever mourn'd her prattling joy. creecb. But we must not omit a more comical, though a shorter account that we have of them in Juvenal : — Matrisque Deum chorus intra, et ingem Semivir obacano faciea referenda mimri, MolUa qni rapta secuit genitalia testa. 100 OF THE RELIGION OF Jamptiikm cut ruuca cohors, ctii tympana cedunt An. I (M)ele's priests, an eunuch at their head, Ab il the strcetsii mud procession led; TiK venerable g^-idinK, larKe and high O' rlo >ks ihe herd of his interior fry ; His ukwara cler(,'ymcu abo-it him pranrr. And heat their twnbreis to tluir m>stic dance. DUVDr.jr. Tlic Epulones, at their first creation, Livy» assures us, «ere only tlucc : Soon after they were increased to seven ; whence they are" commonly called Scplemviri Epulonum, or barely Seplemvin, or the SrMemviralu, ; and some report that Julius Cssar, by adding three more, chan-ed them to a Dccemvirale:t hough it is certain they kept their old name. They had their name from a custom which obtained among the Romans, in time of public danger, of making a «„i„,,tuous feast in their temples, to which they did. as it were invite the deities themselves ; for their statues were brought on rich beds, with their mUrinuria too, or pillows, and placed at the most honour- able part of tiie table as the principal guests. These regal.os they called epul^, or leclisternia ; the care of which belonged to the hpu- lones. This priesthood is by Pliny junior set on an e<,«al looting with that of the Augurs ; when, upon a vacancy in each order lie suoulicates his master Trajan to be admitted to either. 1 he whole epistle ought to be set down for an example of modesty and wit. Plinius Tbajano. Cum sciam, Domine. ad te.n,m,dum Umdemqm ,mrmn meonmi perlinere (am boni principis judicio exornari, rogo, digmlalt, ad La>n me provexit indalgenlia tua, vel auguratum, vcl .uplemmm. ,u,u, qma vacant, adjkere digncrh : u, jure sacerdolii precan deos pro te publice passim, qmts tmnc precor pulalc pnvata. CHAPTER VIII. OF THE ROMAN SACRIFICES. THE word samfidwn, more properly signifies the thing oBered than the acti.m of offering. The two common words to express tl.e Sme were vietima .Jhostia ; which, though they are very oUen IZid, yet by the first word are properly meant the greater sort of sacrifices, by the other the less. w Jqv. Sat. 6. * liib. 33. • • • • « • • • • « • • • . * • n 4 • 9 * « • ••• ::•• •• • • • ♦ 9 • • • ' • l%''' ' A'" •J ■ • . -• . * • • • • • • (»|Kif* Uo^ti.truni ■• • • It t^m^M 1, IhhliJt/^l h\ Hii^ytntui .{ffniUinill'llliKmiifXt. • » • > • . • • « • - , • « • • • • • • » • THE ROMANS. lel Though every ileitj had some peculiar rites and institutions, and wonseciuently diftercnt sorts of sacrifices, in which the greatest part of the public worship then consisted ; yet there were some stand- inir rules and ceremonies to be observed in all. The Priest (and sometimes the person that gave the victim) went before in a white garment free from spots and figures ; for Cicero tells us, that white is the most acceptable colour to the gods ; I suppose, because it seems to denote purity and innocence. The beast to be sacrificed, if it was of the larger sort, used to be marked on the horns with gold ; if of the lesser sort, it was crowned with the leaves of that tree which the deity was thiuight most to de- light in for whom the sacrifice was designed. And besides these, they wore the infulcje and vitt^, a sort of white fillets, about then- head. Before the procession went a public crier, proclaiming Hoc age to the people, to give tliem notice that they should forbear working, and attend to the solemnity. The pipers and harpers, too, were the forerunners of the show ; and what time they could spare from their instruments, was spent in assisting the crier to admonish the peo- ple. The sacrifice being brought to the altar, the priest took hold of the altar with one hand, and ushered in the solemnity with a prayer to all the gods ; mentioning Janus and Vesta always first and last, as if througli them they had access to the rest. During the prayer, some public oftlcer was to command the strictest silence, for which the common expression was Favcte linguis, a phrase used by Horace. > Juvenal,* Tibullus,' ^c. And the piper played all the while to hinder the hearing of any unlucky noise. After his prayer, the priest began the sacrifice witli what they called immolatlo, (though, by a Synecdoche, the word is often taken for the whole act of sacrificing,) the throwing some sort of corn and frankincense, to- gether with the moluy i. e. bran or meal mixed with salt, upon the iiead of the beast. In the next place he sprinkled wine between the horns; a custom very often taken notice of by the poets; so Virgil ? Ipsa tenens dextrd pateram putchervima Dido C'andentis vaccue, media inter cornuu ftindit.^ O'er the white Ijoifei's horns the beatileoiis queen Holds the rich phte, and pours the wine between. And Ovid more expressly : Bode, caper, vitem ; tamen hinc, cum stabis ad aras. In tua quod fundi comua possity erit.'^ Go, wanton goat, about the vineyard l^rowze On the > oun^,^ shoots, and stop the i isin^^ juice ; YouMl leave enough to pour between your liorns, When for your sake the hallowed altar burns. a Lib. 2. Eleg. 1. * Fast. 1. ^ iEneid. 4. v. 60. 15 • < r Lib. 3. 0(l. 1. ' ^.qt 19 102 ui iiir: iiJXiciON oi THE ROMANS. 103 Bui beiore lie poured the wine on tlie beast, he |)ut the phite h. l>is own mouth, and just touched i( with his lips, ;rivin;r it to those Ihat stood near him to Caesar. Romulus divided his year into ten months, which Plutarch woulfl persuade us had no certain or e((ual term, but consisted, some o( twenty days, some of thirty-tive, and some of more.'' But he is generally allowed to have settled the number of days with a great deal more ecpiality, allc^ttingto March, May,Quintilis, and October, one and tjiirty days; to April, June, Hextilis, November, and De- cember, thirty ; making up in all three hundred and four davs.f Scilicet artnu mugis quatn xidcru, J^omu/c naras Scaliger indeed is very anirry that people should think the Romans liadeveranyotheraccount, than by twelve months.-^ Butit is probable .!• chap 12. Censor ch Die Na- riut Ml Numa. tal. chap. 20. Sec. ' De Emeiulat. Tempor. lib. • viver-rule the bare words of Licinius Macer and Fenestella, which are all he produces. As to the names of Romulun's months, the first to be sure was consecrated to Mars, the father of the state. The next too may be fetched from Venus, the other guardian parent of the Romans, if we admit of the allusion between the word Aprilis and 'Ac^^o/tTji, her name in Greek: though it is generally derived, IVom aprrh, to open, because this is the chief part of the spring in which the buds and flowers open and disclose themselves.'' May, he named so from Maiathe mother of Mercury, according to Plu- tarch ;' though Mocrobius makes the Maia to whom May was dedi- cated the same as Rhea, Ops, or the F>arth, and different from Mer cury's mother.J Ovid brings it « senibus, i.e. a mujoribus.'^ June either comes from Juventus, because this is the youthful and gay part of the year ;' or else it is a contraction of Junonius, and dedi- cated to the goddess Juno.*" The other months he denominated as they stood in order; so Quintilis is no more than the fifth month, Sextilis than the sixth ; and so on : But these two afterwards chang- ed their names to July and August, in honour of Julius Caesar and his successor Augustus. As Nero had afterwards called April Nc- ronius;" so Plutarch tells us, that Domitian, too, in imitation of them, gave the two months immediately following the names of Germancius and Domitianus ; but he being slain, they recovered tlieir old denominations." Numa was a little better acquainted with the celestial motions than his predecessor; and therefore undertaking to reform the cal- ender, in the first place he added the two months of January and February ; the first of which he dedicated to the god Janus ; the other took its name homfebruo, to purity, because the feats of puri- fication were celebrated in that month. ' To compose these two months, he put fifty days to the old three hundred and four, to make them answer the course of the moon ; and then took six more from the six months that had even days, adding one odd day more than he ought to have done, merely out of superstition, and to make the number fortunate. However, he could get but eight and twenty davs for February : and, therefore, that month was always count- ed unlucky.' Besides this, he observed the difterence between the ijolar and the lunar course to be eleven days ; and to remedy the inequality, he doubled those days after every two years, adding an interstitial month to follow February, which Plutarch calls in one place Mercidinus,-^ and in another Mercidonius.* But the care of ^ Pint in Num. Mnerob. Sat. lib. 1. '" Macrob. ubi supra. _ chap 12 " Suet, in Ntr. chup. 55. • In Numa. J Sat. lib. 1. chap. 12. o pUit. in Numa P '^''^•-.n ''Fast 1 V 41. 4 Ccnsorin. de Die Natal, chap. ^w. • Plut.'in Numa. In Numa. » In Jul. Cjcs. i 104 or 'IHK KELiulu.N Ul THE ROMANS. 10^ this intercalatioii bi'inij; \vi\ to flu; juiohts, they clapped in or ieli out the !noii
  • . Sacrificia were no more than public sacrifices to the gods. Epulis were a sort of banquets celebrated to the honour of the deities. Ludi were public sports instituted witli tlie same design. Ferim were either public or private. The public were of four sorts : StativdBy Conceptivae, hnperativae. and Aundin.e. Feriv Stativac were public feasts kept by the whole city, accord ing to the set time appointed in the calendar for their obseryation; as the Agonalia, CarmcntuUa, Luperc(diay ^'c. Feriae Conceplivfc were such as the magistrates, or priests ap- pointed annually to be celebrated upon what days they pleased; as the Lafiiife, Puganulia, Compitalia, ^c. Ferise Lnperativae were such as the consuls, praetors, or dictators. Instituted by virtue of their own authority, and commanded to be observed upon solemn occasions, as thegaininjr of a victory, and the 'ike. Airndhiie were days set apart for the concourse of the people out of the country and neighbouring towns, to expose their commodities to sale, the same as our greater markets or fairs. They had the name of Nundinse, because they were kept eyery ninth day, as Ovid informs us.'^ It must be remembered, that though the Nundinse at first were of the number of tlie Feriae, yet they were afterwards bv a law declared to be Dies Fasti, that the country people might not be hindered in their work, but might at the same time perform their i>usiness of market and sale, and also have their controyersies and causes decided by the praetor; whereas otherwise they must have been forced to come to town again upon the usual court-da vs. ^S:j Fast. 1. vrrs. 54. U)t> OF THE KELIGION OF II />r/.7' Pnvatir, were holidays observed by particular pcrM)H.'» ( families uprm several accdunts; as birth-days, funerals, and the like. Thus iijuch lor Ihe Ditu FcsfL 'J'hr /^rnfcsti were J'usti ComitialtSy Coinptrendini, Stati, and Prirlidrcs. /Jif.i Fasti were the same as our court-days, upon which it was lawful for the prxtor to sit in judrrinent, and consecpiently Fitri trin vcrhd, to say those three solemn words, Do, DicOy Addico, " I sit here to j^ive laws, declare ri<:;ht, adjudj^e l(»sses.'* All other days (except the intenisi) were called Nffusti ; because it was not lawful to say those three words upon them ; that is, the courts were not oj)en. Rut we may observe from a phrase of Horace/ that IHch Nffa.sfus signifies an unlucky day, as well as a non-court day. IJica Comifialfs^wen" such days as the ComififiyOr public assem- blies of the people, were held upon ; or, as Ovid styles them, Qutis liopulutn jus est includrre scptisy Days wh -11 pcopU >>rc shut up lo vote Dica Compcrcrulbn, were days when persons that had been sued \i\v^\\{ give bail ; properly, days of adjournment. Dies Static were days appointed for the decision of any cause be- tween a Roman and a foreigner. Dies Pr:i'liarrSy w ere such days upon wliich they thought it law ful to engage in any action of hostility ; for during the time of some par- ticular feasts, as the Saturnidiay the Latitue, and that which they called Cum mundus patef, consecrated to Dis and Proserpina, they reckoned it a piece of impiety to raise, march, or exercise their men, or to encounter with the enemy, unless first attacked. If we make a division of the Roman days into fortunate and un- fortunate ; Dies Postriduani, i. e. the next day after the kalends, nones, or ides, were always reckoned of the latter sort; and there- fore had the names of Dies Atri. A. Gellius gives us the reason of this observation from Verrius Flaccusy because they had taken notice for several ages, that those days have proved unlucky to the state in the loss of battles, towns, and other casualties.' He tells us in the same place, that the day before the fourth of the kalends, nones, or ides, was always reckoned unfortunate ; but he does not know for what reason, unless that he finds the great overthrow at Cannx to have happened on such a day. Lib. 2 Od. V\ V Fasti 1. vers. 53. z Ncct. Attic, lib. 5. chap. 1". THE ROMANS. 107 CHAPTER. XJ. OF THE KALENDS, NONES, AND IDES. iHE way the Romans used to reckon the days of their months was by the Kalends, Nones, and Ides. Romulus began his months always upon the first day of the moon, and was followed in this by the authors of the other accounts, to avoid the altering of the im- moveable feasts. Therefore, ^xi^vy new moon, one of the inferior priests used to assemble the people in the caj)itol, and call over as uiany days as there were between that and the nones ; and so from the old w(»rd c«/o, or the Greek x«>i«, to call, the first of these days tiad the name of Kalends. But we must remember, that this cus- tom of calling the days continued no longer than the year of the ci- ty 450, when C. Flavius, the Curule-^Edile, ordered the faHti, or kalendar, to be set up in public places, that every body might know tlie difference of times, and the return of the festivals." Tlie nones were so called, because they reckoned nine days from the ides. The ides were generally about the middle of the month, and then we may derive the word from iduare, an obsolete verb sio"nifvin«-to uivide. The kalends Mere always fixed to the first day of every month, but the nones and the ides in four months were on difterent dav» than in the other eight. For March, May, July, and October, had six nones a-piece, the other only four. Therefore, in the first, the /lones were the 7th, and the ides the 15th ; in the last, the nones the 5th, and the ides the 13th. In reckoning these, they always went backwards, thus, Januarv I, was the first of the kalends of January: December 31, Prid. KuL Jan.; Decemb. 30, Tertio KaL Jan. and so on to the 13th, and that was Idas Decembris ; and then the 12th Prid. Iduurn Dt- cemb.; the 11th, Tertio Iduum Decemb. and so on to the 5th dav, anil that was Xon^ Decemb. And then again the 4th, Prid. Xnna- rinn Decemb.; the third, Tertio Non. Decemb.; the second, Qmi- to Non. Decemb. ; and the first Kalends Decemb. We must observe, that when we meet with Kalendis Nonas, or Idas in the accusative case, the proposition ante is always under- stood : As tertio Kalendas, Idiis, or Nonas, is the same as tertio die ante Kal. Non. or Idus. « Liv, lib. 5 chap. AS, Sic. lOS OF THE RIILIGION OT CHAPTER XII. - FIE MOST REMARKABLE FESTIVALS OF THE ROMANS, AS THEY STAND IN THE KALENDER. HIE kalends, or the fust day of January, was noted for the en- tcnug of tlie magistrates on their office; and for the wishino; of good fortune, and sending presents to one another among friends." The ninth (or quinL Id.) was the feast of the Agonalia, instituted by Numa Pompilius, in honour of Janus, and attended with the «>«vic. the solemn exercises and combats ; whence, in Ovid's judg- ment,'^ it took its name. The eleventh (or terL id.) was tlic feast of the Carnuntcdia, iv memory of Carmenta, Evander's mother. February the fifteenth, or the fifteenth of the kalends of March, was the feast of the Lnpercalia, when the Luperci made iheir wild procession,'* which has been described before. February the eleventh, or the third of the isles, was the Feralia, or feast in honour of the ghosts ; wlien people carried some little sort of ottering to the graves of their deceased friends. Ovid give< us so handsome an account of it, that we must not pass it by : Est honor et tumulis ; unimas placare l>aternas^ i*arvaque in i-.itiuctas ynuneru ftrre [nirim ; Parva pttnnt numes : pictus pro divite grata est Miniere; twn uvid^'S Styx habet ima Dtos ; , Tegula porrtctis satis est velata curonis. Est sparsu' Jrugcs, parraque mica siUis.^ Tombs liave their honours loo : Otir parents crave Some slfiuler presents to adorn their ^rruve. Slender the present which tlie pjhosts we owe ; "^ Those i)owers observe not whai ue };ive, but how ; ^- No gree<1y soids disturb the happy seats below ; J They otdv ask a tile with garlands crown'd, And fruil'und still to scatter on the j;rounJ. The day after the feralia was tiie Charistia, or Festival of Lo>e. when all the relations in every family met together and had a feast. On the 22d or 23d (according to the difterent length of this month) were the Tirmlmdia sacred to Terminius, the guardian of boundaries and land-marks ; on which they now offered to him cake^^ and fruits, and sometimes sheep and swine, notwithstanding the ancient prohibition of bloody sacrifices in this case ; the reason ot b Ovid. Fast. l.v. 71. ' Iilcm, lib. 1. They kept at first only one day, the 14th of the kalends of January; but the number was afterwards increased to three, four, five, and «iome say seven days.* Lips. Salurnal. lib. 1. chap. I'Aur II.— .hook III. WF THE CIVIL r.OVFJlNMF:NT W IHL KoMANS. o ( IIAPIKK i. I 1 JIK GENERAL DIVISION OK TllK I»KOl>I.t. RO.MUI.US, as soon as his city was tolerably well lilloil willi iii- iiabiiaiits, made a clistiiiction of the people acconlin;; to honour and quality; J^ivinu; tlie belter sort tlie name of Pdlrcs, or Pafrlcil, and the rest the common title of ricbcii. To bind the two degrees more firmly toi^ether, he recommended to the Patricians some of the Pic bians to protect and countenance ; the former being styled PatronL and the latter ClicnUs. Tlie patrons were always their clients coun- sellors in difficult cases, theiradvocates in judgements; in short, their advisers and overseers in all allairs whatever. On the other side, the clients faithfully served their patrons, not only paying them all ima- o-inable respect and deiVerence, but, if occasion required, assisting them with money towards the defraying of any extraordinary charges, liut afterwards, when tlie state grew rich and great, though all other o-ood othces continued between them, yet it was thought a dishonour- able thing for the better sort to take any money of their inferiors.' The division of the people into the three distinct orders of Sena- tors, Knights, and Commons, took its rise about the time of Tar- quin's expulsion. The senators were such persons as had been pro- moted to sit in the supreme council of state, either out of the nobili- ty or commons. If out of the latter order, they had the honour of a gold ring, but not of a horse kept at the public charge ; as Manutius hath nicely observed. The knights were such persons as were al- lowed a gold ring and a horse at the public charge. The commons were all the rest of the people besides these two orders, including not only the inferior populace, but such of the nobility too as had not yet been elected senators, and such of the gentry as had not a complete knight's estate : For persons were admitted into the two higher ranks according to their fortunes ; one that was worth eight hundred sestertia, was capivble of being chosen a senator ; one tha* * Vide Dionvs. lib. 2. I/iv. lib. 1. Tlularch. in Uomi'lo OF THE ROMANS. lU liad four hundred, might be taken into the equestrian order. Au- rous i':randeur of the state ; and who cared not if the inferior members suft'ered for the advancement of the command- ing powers. The latter we must take likewise for those persons of what rank soever, who courted the favour of the commons, by en- couraging them to sue for greater privileges, and to bring things nearer to a level. For it would be unreasonable to make the same distinction between these parties, as Sigonius and others lay down, " that the Populares were those who endeavoured by their words and actions to ingratiate themselves with the multitude ; and the Optimates those who so behaved themselves in all affairs, as to mak»i their conduct approved by every good man." This explication agrees much better with the sound of the words, than with the sense of the things ; for at this rate the Optimates and the Populares will be only other terms for the virtuous and the vicious; and it would be equal- ly hard in such large divisions of men, to acknowledge one side to have been wholly honest, and to affimi the other to have been entire- ly wicked. I know that this opinion is built on the authority of Ci- cero; but if we look on him not only as a prejudiced person, but as an orator too, we shall not wonder, that in distinguishing tlie two parties, he gave so infamous a mark to the enemies* side, and so ho- nourable a one to his own. Otherwise the murderers of Cassar (who were the Optimates) must pass for men of the highest probity: and the followers of Augustus (who were of the opposite faction) must seem in general a pack of profligate knaves. It would therefore be a much more moderate judgment, to found the difterence rather on policy, than on morality; rather on the principles of government, than of religion and private duty. There is another common division of the people into Nobiles.Nov i. *> Tide P. Mannt. de Civ. Rom. p. ^. 114 OF THE CIVIL GOVERNMKNT and Ignobiles, taken from the right of using pictures, or statues ; an honour only allowed to such whose ancestors or themselves had born some Curule office, that is, had been Curule-^Edile, Censor, Praetor, or Consul. He that had the pictures or statues of his ances- tors, was termed Nobilis ; he that had only his own, Nevus ; he that had neither, Ignobilis. So that Jus imaginis was much the same thing among them, as the right of bearing a coat of arms among us ; and their Noints Homo is ecjuivalent to our upstart gentleman. For a great while none but the Patricii were the Nobiles, because no person, unless of that superior rank, could bear any Curule of- fice. Hence, in many places of Livy, Sallust, and other authors, we find Nobilitas used for the Patrician order, and so opposed to Plebs. But in after times, when the commons obtained a right of enjoying those Curule honours, they by the same means procured the title of Nobiles, and left it to their posterity.'' Such persons as were free of the city, are generally distinguished into Ingenui, Liberti, and Libertini. The Ingenui were such as had been born free, and of parents that had been always free. The Li- bertini were the children of sucii as had been made free. Liberti, such as had been actually made free themselves. The two common ways of conferring freedom were by testament^ and by manumission. A slave was said to be free by testament, when his master, in consideration of his faithful service, had left him free in his last will : of which custom we meet with abundance of examples in every historian. This kind of [iil)erti had the title of Orcini, because their masters were cone to Orcus. In allusion to which custom, when, after the murder of Julius Caesar, a great number of unworthy persons had thrust themselves into the senate, without any just pretensions, they were merrily distinguished by the term of Scnatores Orcini. ' The ceremony of manumission was tlius performed : the slave was brought before the Consul, and in after times, before the Praetor, by his master, who, laying his hand upon his servant's head, said to the Pr*etor, Hunc hoininemjibenimlesse volo ; and with that, let him go out of his hand, %vhich they termed emanu emittere. Then the Prae- tor, laying a rod called vindicta upon his head, said. Dice eum libc- mm csscy more Qidritum Hence Persius : Vindicta postguam meus a Prxtore reccssi. After this the Lictor, taking the rod out of the Praetor's hand, struck the servant several blow s on the head, face, and back ; and no- thing now remained but pileo donari, to receife a cap in token of li- Vide Sigon. de Jur. Civ. Rom. lib. 2. chap. 20. <^ Sueton. in Octav. ehap. 35. OP THE ROMANS. 115 herty, and to have his name entered in the common roll of freemen, with the .euson of his obtaining that favour. There was a third way of bestowing freedom, which we do not so often meet with in authors; it was when a slave, by the consent and approbation of his master, got his name to be inserted in the censor's roll ; such a man was called liber censu ; as the two already men lioned were liber trstamento, and liber mamnnissione. CHAPTER n. OF THE SENATE. THE chief council of state, and as it were the body of magistrates. was the Senate ; which, as it has been generally reckoned the foun- dation and support of the Roman greatness, so it was one of the earliest constitutions in the republic; for Romulus first chose out a hundred persons of the best repute for birth, wisdom, and integrity of manners, to assist him in the management of affairs, with the name of Senatores, or Patres, from their age and gravity, (vel astate, vel euro: similitudine, Patres appellabaritur, says Sallust :) a title as ho- nourable, and yet as little subject to envy, as could possibly have been pitched upon. After the admission of the Sabines into Rome, an equal number of that nation were joined to the former hundred.* And Tarquinius Priscus, upon his first succession to the crown, to ingratiate himself with the commons, ordered another hundred to be selected out of that body, for an addition to the senate, "^ w^hich before had been always filled with persons of the higher ranks. Sylla the dictator made them up above four hundred; Julius Cccsar nine hundred ; and, in the time of the second triumvirate, they were above a thousand ; no distinction being made w ith respect to merit or quality. But this disorder was afterwards rectified by Augustus, and a reformation made in the senate, according to the old consti- tution.*^ The right of naming senators belonged at first to the kings ; after- wards the consuls chose, and referred them to the people for their approbation; but, at last, the censors engrossed the whole privilege of conferring this honour. He that stood first in the censor's roll, had the honourable title of Princeps Senatus;" yet the chief magis- * Dionys. lib. 2. ' Idem, lib. 3 ? Sueton. in August, chap. 35, ^ A. GelLlib. 3. chap. 1«, lli> OF THE CIVIL GOVERNMENT Irates as the consuls, dictator, Sfc, were always his superiors in the house. Besides the estate of eight hundred, or, after Augustus, of tw elve hundred sestertia, no person was capable of this dignity, but one who had already borne some magistracy in the commonwealth. And that there was a certain age (even in later times) required, is plain, from the frecjuent use of ietas senatoria in authors. Dio Cassius positively limits it to five and twenty,' which was the soonest time any one could have discharged the Quaetorship, the first office of any considerable note ; yet we meet with very many persons promoted to this order, without any consideration had to their years ; as it usually happened in all other honours whatever. As to the general title of Patres Conscript i \:^i\ an them in authors, it was taken as a mark of distinction, proper to those senators who were added to Romulus*s hundred either by Tarquinius Priscus, or by the people upon the establishment of the commonwealth; but in after times, all the number were promiscuously styled Patres^ and P aires Conscript i J We may take a farther view of the senators, considered all to- gether, as a council or body. The magistrates, who had the power of assembling the senators, were only the Dictator, the Consuls, the Praetors, the Tribunes of the Commons, and the Interrex. Yet upon extraordinary accounts, the same privilege was allowed to the Tribuni militum, invested w ith consular power, and to the Decemvirs, created for the regulating the laws ; and to the other magistrates chosen upon some unusual occasion. In the first times of the state, they were called together by a public crier ; but w hen the city grew larger, an edict was pub- lished to command their meeting.**^ The places where they assembled were only such as had been for- mally consecrated by the Augurs, and most commonly within the city ; only they made use of the temple of Bellona w ithout the walls, for the giving audience to foreign ambassadors, and to such provin- cial magistrates as were to be heard in open senates before they en- tered the city ; as when they petitioned for a triumph, and the like cases. Pliny too has a very remarkable observation, that whenever the Augurs reported that ** an ox had spoke," which we often meet with among the ancient prodigies, the senate was presently to sit sub diOy or in the open air.^ * Lib. 52. k p. Mamit. dc Senat. Rom. i P. Mainit. de Senat. unci 0. Sigon ' IMi!i. Nat. Hist. lib. i<. cliaj\45. de Antiq. Jur. C. II. OF THE ROMANS. 117 As for the time of their sitting, we must have recourse to the common distinction of senatus legitiinus, and senatus indictus. The former was when the senate met of course, upon such days as the laws or custom obliged them to. These were the Kalends, Nones, and Ides in every month, till the time of Augustus, w ho con- fined them to the Kalends and Ides. In the months of September and October, by an order of the same emperor, the senators were discharged from their necessary attendance ; except so many of themi as made a quorum, a number sufficient by law to despatch business; and therefore all that time they drew lots for their appearance or excuse, as Suetonius informs us. ^ We may observe from the same author, that the Ides of March (called Parricidium, from the murder of Julius Caesar, which happened on it) was particularly excepted : and a decree passed, that the senate should never meet on that day for the future." Senatus indictus, w as a senate called for the despatch of any bu- siness upon any other day; except the Dies cojuitiales, when the senators were obliged to be present at the Comitia, As soon as the senate was set, the consul, or other supreme magis- trate, in the first place, performed some divine service, and then proposed the business to the house ; both which actions they called referre ad senatum.' VVlien he had opened the cause, he went round in order (begin- ing w ith the princeps senatus^ and the designed consuls) and asked every body's opinion; upon which, all that pleased stood up, and gave their judgment upon the point. It is very remarkable, that w hen any senator was asked his opinion^ he had the privilege of speaking as long as he pleased, as well about other concerns as about the matter in hand ; and therefore, when any particular member had a design to hinder tlie passing of any decree, it was a common practice to protract his speech until it^ was too late* to make any determination in the house. When as many as thouglit fit had given their judgments at large, the supreme magistrate made a short report of their several opinions ; and then, in order to passing their decree, ordered the senators to divide, one party to one side of the house, and the opposite to the other. The number being now told, the major part determined the vase ; and a Senatus consultum was accordingly wrote by the pub- lic notaries at the feet of the chief magistrate, being subscribed by the principal members that promoted it. ^ In Octav. chap. 35. - F(l. in. Mil Cts. chan. «S. P. Manut. de Senat. Rpro. \7 Ili5 Oi THL CIVIL GOVERNMENT OF THE ROMANS. 119 Hut in cases ot little concern, or such asrequireci expedition, the lormalityofaskinu; opinions and - comultum per dhcessionem favffnn ; the forn\er simply Senatiis- ronauHum. Julius C'apitolinus speaks of a sort of Scuatfos-consulfa, not de- scribed by any other: which he calls Sctiutm-comultu luvUa ; and tells us they were made in reference to affairs of great secrecy, without the admittance of the very public servants : but all the bu- siness was done bv the senators themselves, after the passing ol an oath of secrecy, until their design siiould be eftected. There were several things that might hinder the passing of a de- cree in senate ; as in case of an inferccanio, or iIiterpo^ini;. This was commonly put in practice by the tribunes id' the common>, who reckoned it their privilege ; but it might be done too by any ma- gistrate of equal authority with him that proposed the business to the house ; or else when the number rec^uired by law for the passing of any bill was not present; for that tliere was such a fixed number is very evident, though nothing of certainty can be determined any farther about it. In b(>th these cases, the oiiinions of the major part of the senators was not called Stnatus-comultUfiij but ^iutlwrUuii aenafu.s ; their iud«i;ment, not their command; and signilied little, unless it was afterwards rallhed and turned into a SauUm-considlumyVis WriwaWy happened. Vet we must have a care of taking Aulhoritas hnmr- liiH m this sense, every time we meet with it in authors. For uii- IcbS, at the same time, there be mention made of an interce.'mhy, it is generally to be understood a another term for a Scuatus-con- mlhtjii; and so Tully frequently uses it. Sometimes both the names are joined together; as the usual inscription of the decrees was in these initial letters, S. C. A.i. c. Svnatun-Consitlti-.luthorilas. Besides these two impediments, a decree of senate could not pa>> after sun-set, but was deferred till anotlier meeting. All along, till the year of the city 304, the written decrees were m the custody «f the consul, who might ilispose of them as he thought proper, ami either .suppress or preserve them : But then a law pass ed, that tuey should be carried always for the future to the ^Edile^ phbifi, to be laid up in tlie temple of Ceres: Yet we find, that after- wards they were for the most part preserved in the public treasury. P F. Manui. (h- Sen. I .lui. Cu])il. ill tiord'.ai;. • 1'. Mtinul. de Sen. * Liv. lib. ^ ticci, I'liilip. 5. Suelon. in August Tacit. Aiiuul. J. it may be farther observed, that besides the proper senators, any magistrates might come into the house during their honour, and they who had bore any curule oflice, after its expiration. But then none of those who came into the house ])urely upon account of their ma- gistracy were allowed the privilege of giving their judgements upon any matter, or being numbered among the persons who had votes. Yet they tacitly expressed their mmd, by going over to those sena- tors whose opinions they embraced ; and upon this account they had the name of Senatores Pedarii. This •••ave occasion to the joke of Laberius the Mimic, Caput sine lingua pedaria stnteutiu est There was an old custom too, in the commonwealth, that the sons of senators might come into the house, and hear the proceedings. This, after it had been abrogated by a law, and long disused, was at last revived by Augustus, who in order to the bringing in the young noblemen the sooner to the management of aftairs, ordered that any senator's son, at the time of putting on the toga viriHs, should have the privilege of using the lotus davus, and of coming iiito the senate." CHAPTER III. OF THE GENERAL DIVISION OF THE MAGISTRATES, AND 01 THE CANDIDATES FOR OFFICES. NOT to speak of the different forms of government which obtain- ed amon- the Romans, or to decide the case of pre-eminency be- tween them, we may in the next place take a short view of the chief ma-istrates under them all. Of those we meet with many general di%isions ; as, in respect of time, Magistratus ordinarii and extra- ordinarii; with a reference to the persons, Pa/nm, Plebeil, ^.m! Mixti; from their quality, Majores, and Minores ; from their man- ner of appearing in public, Curules and Non-cmuhs ; and lastly, from the place of their residence, Urbani, and Frovincialcs.^ If we would pitch upon the clearest and the most compendious method, we must rank them according to the last distinction, and describe in order the most remarkable of the civil offices at home and abroad. But it will be expected, that we first give some account of the per- sons that stood candidates for these honours. They borrowed the name of Candidati from the toga Candida, in which they were habit- - Siieton. in August, chap. 38. ^' Llpsius de Mugistrut. 120 OF THE CIVIL GOVERNMENT ed at the time their appearino; for a j^lace. They wore this loose gown open and uiigirded, without any close garment under; which some interpret as done with design to avoid any suspicion the peo- ple mi^ht have of bribery and corruption; but Plutarch* thinks it was either to promote their interest the better, by suing in such an humble habit; or else, that such as had received wounds in the ser- vice of their country mi;»;ht the more easily demonstrate those to- kens of their country and fidelitv; a very powerful way of moving the affections of the people. Hut he disallows the reason above men- tioned, because this custom prevailed in Rome many ages before gifts and presents had any influence on the public suffrages ; a mis- chief to which he attributed, in a great measure, the ruin of the commonwealth. They declared their pretensions generally about a year before the election ; all which time was sj)ent in gaining and securing of friends. For this purpose they used all the arts of popularity, making their circuits round the city very often; whence the phrase ambire ma- gutrahnn had its rise. In their walks, they took the meanest per- sons by the hands; ami not ordy used the more familiar terms of fa- ther, brother, friend, and the like, but called them too by their own proper names. In this seivice, they had usually a nomenclator or monitor, to assist them, who whispered everybody's name in their ears. For though Plutarch tells us of a law w hich forbade any can- didate to make use of a prompter; yet at the same time he observes, that Cato the younger was the only person who confiu'med to it, dis- charging the v/hole business by the help of his own memory.* They had reason to be very nice and cautious in the whole method of their address and canvass; for an affront, or perhaps a jest, put upon the most inconsiderable fellow, who wasmasterof a vote, might sometimes be so far resented bv the mob, as to turn the election an- other way. There is a particular story told of Scipio Nasica, which may confirm this remark. ^Vhen he appeared for the place of Cu- rule-.Edile, and was making his circuit to increase his party, he lighted upon an honest plain country-man, who was come to town to give his vote among the rest, and finding, as he shook him by the hand, that the flesh was very hard and callous, * pr'ythee friend,* (says he) 'do'st use to walk on thy hands r* The clown was so far from being pleased with this piece of wit, that he complained of the aff*i-ont, and lost the gentleman the honour which he sued for. Such persons as openly favoured their designs, have been distin- guished by the names of salutatores, deduclores, and sectatoresj The w In Coriolan. ^ IMut. in Canlone Utir.ens y Uosin. lib. 7, chap. 8. OF THE ROMANS. 121 first son ordy paid their compliments to them at their lodgings in the morning ; and then took their leave. The second waited upon them from thence as far as the Forum. The last composed their retinue through the whole circuit. Pliny has obliged us with a farther remark, that not only the person who stood for an office, but sometimes too the most considerable men of their party, went about in the same formal manner, to beg voices in their behalf ; and there- fore, when he would let us know his great diligence in promoting the interest of one of his friends, he makes use of the same phrases which are commonly applied to the candidates themselves; as, am- bire domoSy prensare amicos^ circumire stationeSy^^ 6^c. The proceedings in the elections will fall more properly under the account of the assemblies where they were managed. CHAPTER IV. OF THE CONSULS. THE consular office began upon the expulsion of the Tarquins, in the year of the city 244. There are several derivations given of the word: That of Cicero, a consulendo,'' is generallv followed. Their powder was at first the same as that of the kings, restrained only by plurality of persons and shortness of time ; therefore Tully calls it rtgum imperium,^ and re^la potesfaff." In war they com- manded in chief over citizens and associates ; nor were they less absolute in peace, having the government of the senate itself, which they assembled or dismissed at their pleasure. And though their authority was very much impaired, first by the tribunes of the peo- ple, and afterwards upon the establishment of the empire ; yet they were still employed in consulting the senate, administering justice, managing public games, and the like ; and had the honour to charac- terize the year by their own names. At the first institution, this honour was confined to the nobility ; but in the year of the city 38r, the commons obtained the privilege of having one of their own body always an associate in this office. Sometimes indeed the populace were so powerful, as to have both ' Plln. Epist. lib. 2, ep. 9. * Cicero de Leg. hb. 3. ^ Ibid. Jdern, de Petitione Consulatus. \2^ OF THt CIVIL GOVERNMENT consuls chosen out of their order ; but generally speuking one \va« a nobleman, and the other a commoner. No person was allowed to sue for this office, unless he was present at the election and in a private station ; which jj;ave occasion to the civil wars between Pompey and Cxsar, as has been already observ- ed. Th»' common age required in the candi(hites was forty-two years. This Cicero himself acjjuaints us with, if we allow a little scoj)e to his way of speaking, when he says that Alexander the Great, dying in his thirty-third year, came ten years short of the consular age.'' But sometimes the people dispensed with the law, and the emperors took very little notice of the restraint. The time of the consuls' government, before Julius Caesar, was always a complete year ; but he brought up a custom of substituting consuls at aliy time for a month or more, according as he pleased. Yet the consuls, who were admitted the first of January, denomi- nated the year, and had the title of O r dinar ii ; the others being styled Sitffecti.' The chief ornaments and marks of their authority were the white robe edged with j)urple, called Pnetextu; which in after times they chan«»-ed for the Toga Pahnntn, or Picta, before proper only to such persons as had been honoured with a triumph; and the twelve Lie- tors, who went before one of them one month and the other the next, carrying the Fasces and Seciiris, which, though Valerius Poplicola took away from the Fasces, yet it was soon after added again. Their authority was equal; only in some smaller matters he had the precedency, according to the Valerian law, who was oldest'; and he, according to the Julian law, who had most children. CHAPTER V. OF THE DICTATOR AND HIS MASTEU OF HORbh. THE office of Dictator was of very early original ; for the Latins cnterin"- into a confederacy against Rome to support Tarquin's cause after his expulsion, the senate were under great apprehensions of danger, by reason of the difficulty they found in procuring levies to oppose them : While the poorer commous, who had been forced to run themselves into debt with the Patricians, absolutely refused to list themselves, unless an order of senate might pass for a general ^' Ciceron. Philip, o. e Dio. lib. 43. Sueton. in Julio, chap. 76, &c OF THE ROMANS. 123 remission. Now the pow er of life and death being lately taken from the consuls by the Valerian law, and liberty given for an appeal from them to the people, tliey could not compel any body to take up arms. Upon this account they found it necesi^ary to create a magistrate, who for six months should rule with absolute authority, even above the laws themselves. The first person pitched upon tor ihis honour, was Titus Largius Flavins, about A. U. C. 9.52>, or ^2.55.^ The supreme officer was called Dictator, either because he was dklKs, named of the consul, or else from his dictating and com- manding what should be done.' Though we sometimes meet with ihe naming of a dictator upon a smaller account, as the holding the Comitia for the election of consuls, the celebration of public games, the fixing the nail upon Jove's temple (which they called clavxim pangere, and which was used in the times of primative ignorance, to reckon the number of the years, and in the times of latter supei- stiti(Hi,for the averting or driving away pestilences and seditions) and the like ; yet the true and j)roper Dictator w as he w ho had been invested with this honour upon the occasion of dangerous war, sedi- tion, or any such emergency as required a sudden and absolute command ; and therefore he was not chosen with the usual formali- ties, but only named in the night, viud voce, by the consul,' and con- firmed by the divination from birds. The time assigned for the du- ration of the office was never lengthened, except out of mere neces- sity ; and as for the perpetual Dictatorships of l^ylla and Julius Cx- sar, thev are confessed to have been notorious violations of the law s of their country. There were two other confinements which the dic- tator was obliged to observe. First, he was never to stir out of Italy, for fear he should take advantage of tiie distance of tlie place to at- tempt any thing against the conunon liberty. Besides this, he was always to march on foot ; only, upon account of a tedious or sudden expedition, he formerly asked leave of the people to ride.^ But set- tin"- aside these restraints, his power was most absolute. He might proclaim war, levy forces, lead them out, or disband them, without any consultation had with the senate : he could punish as he pleas- ed ; and from his judgment lay no appeal; at least not till in later times. To make the authority of his charge more awful, he had al- ways twenty -four bundle of rods, and as many axes, carried before him in public, if we will believe Plutarch and Polybius ;" though f Dhmivs. AiUiq. lib. 5. Liv. lib. 2. ? luiil. ^' L ps. 'le Magistral, chap. IT. i I..V. lib. 4. ' Cicero de Leg. lib. .j. k Dio. lli^^t ill). 36. 1 IMul MS TaU. M..X. "' D.oi.vs Aiuiq. lib. ^'. n In F.ij Max. *^ llibl. lib. o. 124 OF THE CIVIL GOVERNMLNT Livy attribute^ the first rise of this custom to Syla.»' Nor was he only invested with the joint authority of both of the consuls (whence the Grecians called him Ai, souielimes the otlier chief mai:;istrates, as the Praetors, I'ribuni's, l ' Annal. lib. 1. Lib. 4;. ♦Dio. lib. 54. R i>iic«;l At'tiquitat. lib 1. chap. 16. '»Xotit. Dig^nilat Imp Orient, chap. 7 OF THE ROMANS. 199 CHAPTER IX. OF THE TRIBUNES OF THE TEGPLE. THIS office owes its original to a quarrel between the nobility and commons, about A. U. C. 260; when the latter making a de- fection, could not be reduced into order, till they had obtained the privilege of choosing some magistrates out of their own body, for the defence of their liberties, and to interpose in all grievances, and im- positions offered by their superiors. At first only two Mere elected ; but three more were quickly added; and about A. U. C.297, the number was made up to ten, which continued ever after. Their authority was extraordinary ; for, though at first they pre- tended only to be a sort of protectors of the commons, and redressers of public grievances, yet afterwards they usurped the power of do- ing almost whatever they pleased, having the whole populace to back and secure theni ; and therefore they assembled the people, preferred laws, made decrees, and executed them upon the magis- trates themselves ; and sometimes commanded the very consuls to be carried to prison ; and were, without question, the authors of far greater animosities between the nobles and conunons, than thev were at first created to appease. That which gained them the greatest security, was their repute of being sacrosimcti, which they confirmed by a law ; so that it was reckoned the highest act of impiety to offer them the least injury, or so much as to interrupt them when they were speaking. Their in- terposing in matters determined by the senate,or other magistrates, was called Intercession and was performed by standing up, and pro- nouncing only one word, VETO, As for the ensigns of their office, they had no Pr^texta, Lictors, nor Curule chair; and only a sort of a beadle, whom they called viator, went before them. Sylla the dictator was the first who dared to put a stop to the en- croachments of the Tribunes; but they soon recovered their old power again, till the time of the emperors, who left them very little but the name and shadow of magistrates. This they effected bv several means, but particularly by obliging the people to confer the same power and authority on themselves ; whence they were said to be Trihunitin potesfate donati : for they could not be directly Tribuni, unless their family had been Plebeian. ' Dionvs lib. 9. Liv. lib. 2, 8cc. VGO OF TilE CIVIL GOVERNMENI CII APrEll X. OF THE .fLDlLES. THE coniinoiis liad no sooner prevailed with the senate to con- lirni the office of Tribunes, but they obtained farther the privilege to choose yearly, out of tl»eir own body, two more officers, to assist tiiose ma-istrates in the dischar-e of some particular services,- the chief of which was the care of public edifices, whence they borrowed their name, llosinus, for distinction's sake calls them .^:dilcs Pie- bis. Besides the duty mentioned above, they had several other omjiloyments of lesser note ; as to attend on the Tribunes of the pe..ple, and to judge some inferior causes by their deputation ; to rectify the weights and measures, prohibit unlawful games, and the like. ' A. U. C. 389, two more ^diles were elected out of the nobdity, to inspect the public games.^ They were called jEdilcs Cuniles, because they had the honour of using the Sella Curulis ; the name of which is generally derived o curni,' because they sat upon it as they rode in their chariots; but Lipsius fancies it owes its name, as well as its invention, to the Curetes, a people of the Sabines. The Curule .^dilcaheii'xd^^ their proper office, were to take care of the buildings and reparation of temples, theatres, baths, and other noble structures; and were appointed judges in all cases relating to the selling or exchanging of estates. Julius C.rsar, A. U. C. 710, added two more iF.diles out of the nobility, with the title of .^dlles Ctreaks, from Ceres, because then- business was to inspect the public stores of corn and other provi- sions ; to supervise all the commodities exposed in the markets, and to punish delinciuentsin all matters concerning buying and selling.- i Dlonvs Ub. 6. - L. I b 6 et 7. • A. GelU.b. 3. chap. 1« >. Dib. lib. A^. cl Pomi)on. lib. 2. V. de Ong. Juris OF THE ROMANS. 151 CHAPTER XI. OF THE DECEMVIRI. AHOCT the year of Rome 291, the people, thinking it a very iireat srrievance, that thou;j;h thev had freed themselves from the government of the kings, yet still the whole decision of equity and justice should lie in the breast of the supreme magistrates, without any written statute to direct them ; proposed to the senate by their Tribunes, that standing laws might be made, which the city should use for ever. The business hung in suspense several years ; at last it was concluded to send ambassadors to Athens, and other Grecian cities, to make collections out of the best of their constitutions, for the service of their country in the new design. Upon the return of the commissioners, the Tribunes claiming the promise of the senate, to allow them a new magistracy for putting the project in execu- tion, it was agreed, that ten men out of the chief Senators should be elected ; tlmt their power should be equal to that of the Kings, or Councils, for a whole year; and that, in the mean time, all other offices should cease. The Decemviri having now taken the govern- ment upon them, agreed that only one of them should at any time enjoy the Fasces and other consular ornaments, should assemble the senate, confirm decrees, and act in all respects as supreme ma- gistrate. To this honour they were to succeed by turns, till the year was out ; and the rest were obliged to diiler very little in their iuibits from private persons, to give the people the less suspicion of tyranny and absolute government. At length, having drawn up a model out of such laws as had been brought fiom Greece, and the customs of their own country, they exposed it to the public view in ten tables, liberty being given for any person to make exceptions. Upon the general approbation of the citizens, a decree passed for the ratification of the new laws, which was performed in the presence of the priests and augurs, in a most solemn and religious manner. This year being expired, a farther continuance of this office was voted necessary, because something seemed yet to be wanting for the perfecting of the design. The Decemviri, who had procured them- selves the honour in the new election, quickly abused their authority ; and, under pretence of reforming the commonwealth, shewed them- selves the greatest violators of justice and honesty. Two more tables. 132 OF THE CIVIL GOVERNM£M OF THL ROMANS. 133 indeed, they added to the hist, and so secmeci to have answeretl the intent of their institution; yet they not only kept their othce the re- niiiinin;; part of that year, but usurped it again the next, without any re"-ard to tiie approbation of the senate or people. And though there was some stir made in the city for putting a stop to their tyranny, yet they maintained their absolute power, till an action of their chief leader Appius gave a final ruin to their authority: For he, falling desperately in love with Virginia, the daughter of a Plebeian, and prosecuting his passion by sucli unlawful means, as to cause the kill- ing of her by her own father (the story of which is told at large by JA\y) gave an occasion of a mutiny in the army, and a general dis- like through the whole city; so that it was agreed m the senate, to let the same form of government return, which was in force at the creation of tiie Decemviri." Both parties readily embraced this proposal, and accordingly pro- ceeded to an election ; where, though tiie whole design of this stir had been purely to increa>e the honour of tiie commons, yet, w hen the matter came to be put to the vote, they chose none of that order to the new magistracy, but conferred the honour on three of the most eminent Patricians, with the title of Trlhuni Militum Comida' ri Potestate, about A. U.C. 310. The first Tribunes, having held their dignity no longer than iieventy days, were obliged to quit it, by reason that the augurs had discovered some flaw in their election ; and so the government re- turned to its former course, the supreme command resting in the hands of the Consuls. Afterwards, they were some years chosen, and some years passed by, haviiig risen from three to six, and after- wards to eight, and the Plebeians being admitted to a share m the honour; till, abuVt A. U. C. 388, they were entirely laid aside. \ CIIAPTKR XII. tlUnUM MILITUM CONSULAHl POTEST ATE. UPON the conclusion of the Decemvirate, the first consuls that were elected, appearing highly inclined to favour the commons, gave them such 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 consulship, which had been hitherto denied them. The stiflest of the Patricians violently op- posed their reipiest, as a fair means to ruin their honour and au- thority, and to bring all persons, of whatever eror, to command thePixt(uian cohorts, or his life guard, uho borrowed their name fnmi the Prsetoriitm, or general's tent, all commanders in chief be- ing anciently styled Prsetons. His office answered exactly to that ot the Magisfer Eqidtum under the old Directors ; only his authority was of greater extent, being generally the highest person in favour with the armv ; and therefore, when the soldiers once came to make their own emperors, the common man they pitched upon was the PraefectuH Pneturlo. Pro'feclus Frumcnti, and PrR^fectus Vigiluniy both owing their in- stitution to the same Augustus. The first was to inspect and regu- late the distribution of corn, which used to be often made among the common pooj)le. The other commanded in chief all the soldiers ap pointed for a constant watch to the city, being a cohort to every two regions. His business was to take cognizance of thieves, incendia lies, idle vagrants, and the like ; and hatl the power to punish all petty misdemeanours, which were thought too trivial to come undej the care (d' the Pnefectun Urbis. In many of tliese inferior magistracies, several persons were join- ed in comnilssiim together; and tlien they took their name from tlie number of men that composed them. Of this sort we meet with the Triumvirly or Trcsviri CupUaksy the keeper of the public gaol ; they had the power to punish malefactors, like our masters of the house- of correction ; for which service they kept eight Lictors under them : as may be gathered from Plautus : Quidfaciam nunc si Tresviri tne in carcercm lompegevint? Jnde eras e prnvifttum. ■' Cicero, Orat. pro C. Kaoirio Perduellionis reo. t I'Jti VI THK CIVIL GUVKKNMKNT OF TUT. ROMANS. 1:^7 to execute (heir masters' orders. 01 the^e the most remarkable were the Srrih.r, a sort of |)uMic notaries, who took an arcount of all the proeeeilini!;s in the courts: In some measure, too, they aiiswered to our attorjiies, inasmuch as tiiey drew up the papers and vvritiny;»^ which were prjuluced before the judges; No/anus and Jktuarhis siy-iiil vlnu: much the same ollice. ^iciend and Pnt'conrs, the |)ublic criers, who were to call wit- nesses, si'j;iiil'v the adj<»urnment of the couit, and the like. The tbrmer had i\w name from trrrieo, dml the other IVom jn'ifrieo. 'I'l»e Praconv.s seem to have had mure liusiness assi^ne, or beadles, who carried the y«srrv before the supreme njau;istrates, as the lnterre«res. Dictators, Consuls, and Prxtors. Besides this, tlu'y weie the j)ublic executioners in scourn;- in^ \\\n\ beheadini;. The Lictms weie taken out of the common peojde, wliereas the m'h'cvnHi jrcnerally belonji^ed \o the body of the Librrtini,'dm\ some- limes to that of the lAhvrtl.'- The I'iatorcs were little dillerent from the former, only tliat they went before the ollicers of less diii;nity, and particularly before the Tribunes of the commons. In ancient tinges tliey were used to call the |)lain Senators out of the country, whence 'i'ully in his Cato Major derives their name ; as if thev were to plv about the roads and parks, ancl to pick up an assembly of rural fatners, who perhaps were then employed in driv- ing;, or kee])inoj their own sheep. We must not forget the Carmfcx, or common hangman, w:hose business lay only in crucifixions. Cicero has a very good observa- tion concerning; him ; that, bv reason of the odiousness of his oflice, he was particularly forbid by the laws to have his dwelling-house within the city." ^- S»,m)n dc Antiq Jur. Giv. Kum V.lv 0. chap. 15. •» Cicero pro Kabirio. ( HAPTER \IV. OK TIIK PROVINCIAL M AGISTR \TFS ; AND FIRST OF TIIK PROCNSII.S. TIIK chief (dilie j)rovincial ollicers were the Proconsuls. A\'he- ther the woid ou^ht to be written Proconsul, and derlined, or Pro- conaulCf and undeclined, (Jrawvialici certuut, et mlliuv sub judicr lis Pf:t. We mav divide these matcist rates into four sorts: Fir.sfy Such ar» being Consuls, had their oflice prolonged beyond the time jirefixed by law. Secondly y Such as were invested with this honour, either for the government of the provinces, or the command in war, who before were only in a private station. 77///'uls proposed to tlie senate what province they would declare consular, and what prxtorian, to be divided amoiiir the designed Consuls and Praetors. According to their determina- tion, the designed Consuls, or Consuls elect, presently agreed what provinces to enter upon at the expiration of their office in the city, the business being generally decided by casting lots. Afterwards, in the time of tlieir consulship, tliey formerly got leave of the people to undertake the military command, which could not be otherwise obtained. Besides this, they procured a decree of se- nate, to determine the extent of their provinces, the number of their forces, the pay that should be allowed them, with all other necessa- ries for their journey and settlement. By the passing of this decree, they were said ronari provinrid ; and kUv. Ub. 8.chap.26 13S OF THE CIVIL GOVERNMENT OF THE ROMANb. 139 Cicero uses in the same sense ornari apparUnribiiff, scriblsy Sfc. avIio nia<|p a part of the l*roconsul's retinue. Notliin": now remained, but at the end of tlie year to set forward for their new ji;overnment. But we must observe, that though ilie senate had given them leave to depart, jet the Tribunes of tlie com- mons had power to stop their journey ; arid therefore, because Cras- sus went Proconsul into Parthia, contrary to the express order of the Tribune, he was generally believed to have lost the Roman army and Ids own life as a jud^^ment on him for despisinj: the authority of that ollicer, whom they always counted sacrosanct us. At their first entrance on their province, they spent some time in conference with their immediate predecessor, to be informed of the state of things, though their administration began the very day of their arrival. Their authority, both civil and military, w^as very extraordinaiy. The winter they generally spent in the execution of the first, and the summer in the discharge of the latter. They decided cases of equity and justice, either privately in their PriXitorium or palace, where they received petitioners, heard com- plaints, granted writs under their seals, and the like ; or else pub- lickly in the common-hall, with tlie usual ceremonies and formali- ties observed in courts of judicature, the processes being in all res- pects the same as those at Rome. Besides this, by virtue of their edicts, they had the power of or- dering all things relating to the Tribunes, taxes, contributions, and provisions of corn and money, and v>hatever else belonged to the chief administration of atVairs. Their return from the command was very remarkable. They either met their successor at his arrival, and immediately delivered into his hands the charge of the army, being obliged to leave the pro- vince in thirty days ; or else they came away beforehand, and left. a deputy in their room to perform the solemnity of a resignation, hav- ing first made up their accounts and left them in writing in the two chief cities of their several provinces. Upon the arrival at Rome, if they had no thoughts of a trium])h, they presently dismissed their train, and entered the city as private persons. If they aspired to that honour, they still retained the fasces, and other proconsular ornaments, and gave the senate (assembled for that purpose in the temple of Bellona) a relation of their actions and exploits, and petitioned for a triumph. But in both cases they were obliged to give in their accounts into the public treasury with- in thirtv (lavs. Though the Procon?uls ordered matters as they pleased during iheir honour; yet at their return, a very strict enquiry was made into the whole course of their government; and upon the discovery of any ill dealing, it was usual to prefer bills against them, and bring them to a formal trial. The crimes most commonly objected against them were, crimen peculatks, relating to the ill use of the public numey, and the deficiency of their accounts; mujcsiaiis, of treachery and perfidiousness against the commonwealth ; or repe- tundarum, of oppression or extortion exercised upon the inhabitants of the provinces, whom, as their allies and confederates, the Ro- mans were obliged to patronize and defend. Augustus, when, at the desire of the senate and people, he assumed the sole government of the empire, among other constitutions at the beginning of his reign, divided the provinces into two parts, one of which he gave wholly over to the people, and reserved tlie other for himself. After which time only the governors sent into the first division bore the name of Proconsuls ; though they were denied the whole military power, and so fell short of the old Proconsuls. To these four sorts of Proconsuls, we mav add two more from Alexander of Naples: First, such as the senate created Proconsuls without a province, purely for the couimand of the army, and the care of the military discipline ; and, secondly, such designed consuls as entered on theiV proconsular office, before they were admitted to the consulship. CHAP. XV, OF THE PKOVlNCIAL PR.ETOKS AND PKOPR^TORS; OF THE LEGATI, qU^STORS, AND PROQL .ESTORS. IN the first times of the commonwealth, the provinces were go- verned by Praetors, and as the dominions of the state were enlarged, the number of those magistrates was accordingly increased ; yet even in those times, if they continued in the command of the pro- vince beyond the time prefi^xed for the continuance of their Pr;:Etor. ship, they took upon them the names of Propraetors, though thej still kept the same authority as before. About A. U. C. 604, the designed Praetors began to divide the praetorian or lesser provinces by lot, in the same manner as the Con- suls did the consular; and, when at the end of the year thev repair- 4t*^ ilU OF THi: CIVIL Government ed to tlioir respective goveirmients, thev asMimed the title of Pro- r)r;Etors. As their creation was the same as that of the Procon- suls; so their entrance upon their otfice, and the whole course ol their administration, was exactly answerable to theirs; only that thev were allowed but six Lictors, with an etjual number ot^ fasces, v^hereas the proconsuls had twelve of each. Now th()U<»h, before tlie time of Augustus, the Proprxtors, by leason of their presiding over the provinces of lesser note and im- portance, were always reckoned inferior to the Proconsuls; yet upon his division of the provinces, the governors of those which fell to his share, bearing the name of Proprxtors, got the preference of the Proconsuls in respect of power and authority; being invested with the military command, and continuing in their oflice as long as the emperor pleased. The chief assistants of the Proconsuls and the Proprxtors were the Legati and the provincial Quxsturs. The former being dil fcrent in number, according to the cpiality of the governor whom they accompanii'd, served for the judging of inferior causes, and the management of all smaller concerns remitting every thing ol moment to the care of the governor or president. Hut though in- stituted at fir>t for counsel only, (like the deputies of the states at- lendins the Dutch armies,) yet thev were afterwards admitted to command, and therefore will be described as general otticers, when we come to >peak of military alVairs.^ 15e>id.'S llie I^egati, there went with every Proconsul or Proprx- lor one Quxstor or more, whose whole business was concerned in managing the public accounts, takitig care of the supplies of money, corn, and other necessaries and conveniences for the maintenance of the Koinaii army. We seblom meet w ith Proquxstors, in authors they being only such as performed the office of Quxstors in the provinces, witlmut the depulation of the senate, whicii was requisite to the Cinistitu- tion of the proper Quxstors. This happened either when a l^uxs- tor died in his office, or went to Rome without being succeeded by another Quxstor; for in both these cases, the governor of the pro. vince appointed anotlier in his room, to discharge the same duties under the name of Pio(prxstor. Of the like nature with the Quxstor, were the Prociiratores de- .vflrt.v, often mentioned by Tacitus and ISuetonius; officers sent by the emperors into every province, to receive and regulate the public re- \fnue, and to dispose of it at the emperor's command. * Lib. iv. chap. 8. OF THE ROMANS. 141 Such a magistrate was pontius Pilate in Judea ; and though the judu;ing of capital causes did not properly belong to his office, yet because the Jews were always looked upon as a rebellious nation, and apt to revolt upon the least occasion, and because the president of Syria was forced to attend on other jiarts of his province ; there- fore, for the better keeping the Jews in order, the Procurator of Ju- dea was invested with all the auth rity proper to the Proconsul, even with the power of life and death, as the learned Bishop Pear- son observes.** CHAPTER XVl. OF THE COMITIA. THE Coinitlciy according to Sigonius's definition, were * general assemblies of the people, lawfully called by some magistrates, for the enjoyment or prohibition of any thing by their votes.** The proper Co?nitia were of three sorts ; Ciiriata^ Centuriata, and Tributa ; with reference to the three grand divisions of the city and people into Curix, Centuries, and Tribes : For by Coniitia Calata, which we sometimes meet with in authors, in elder times were meant all the Comiiia in general ; tlie word Calata, from itaxta, or cah, being their common epithet; though it was at last restrained to two sorts of assemblies, those for the creation of priests, and those lor the inspection and regulation of last wills and testaments. '^ The Coniitia Curiata owe their original to the division wliich Ro- mulus made of the people in thirty Curix : ten being contained un- der every tribe. They answered, in most respects, to the parislies in our cities, being not only separated by proper bounds and limits, but distinguished too by their different places set apart for the cele- bration of divine service, which was performed by particular priests (one to every Curia) with the name of Curiones. Dionysius Halicarnasseus expressly affirms, that each Curia was again subdivided into Decurix, and these lesser bodies governed by Decuriones. And, upon the strength of this authority, most compi- lers of the Roman customs give the same account without any scru- ple. But it is the opinion of the learned Grxvius,s that since Dio- ^ Bishop Pearson on the Creed, Art. 4. - Sigon. de Antiq. Jur. Civ. Uomanoram, lib. 1. chap 17. * A. Gel?. Jib. ^5. chap. 27, s JPrrjf. ad 1 vol Thcs. Antiq. Rojn 142 or THE CIVIL GOVERNMEN'l iijsius is not seconded in this part of his relation by any ancient writer, we ought to think it was a mistake in that great man ; and that by forgetfulness, he attributed such a division to the Curiae, a-> belonged properly to the Tunnae in the army. Before the institution of tlie Comitia Cmturiuta, all the giand I oncerns of the state were transacted in the assembly of the Curiae ; as, the election of kings and other chief officers, the making and abrogating of laws, and the judging of capital causes. After the expulsion of the kings, when the commons had obtained the privi- lege to have Tribunes and yEdiles, they elected them for some time at these assemblies : but, that ceremony being at length transferred to the Comitia Tribvta, the Curiae were never convened to give their votes, except now and then upon account of making some par- ticular law relating to ad(>ptions, wills and testaments, or the crea- tion of officers for an expedition ; for the electing of some of the priests, as the Flamines, and the Curio Maximus, or superintend ant cd' the Curiones, who themselves were chosen by every particu- lar Curia. The power of calling these assendjlies belonged at first only to the kings; but upon the establishment of the democracy, the same pri- vilege was allowed to most of the chief magistrates, and sometimes to the Pontijices, The persons w ho had the liberty of voting here, were such Roman citizens as belonged to the Curiae ; or such as actually lived in the city, and conformed to the customs and rites of their proper Curia : all those being excluded who dwelt without the bounds of the city, retaining the ceremonies of their own country, though they had been honoured with {\w jus civitatis, or admitted free citizens of Rome.'* The place where the Curix met was the Comitiinn, a part of the Forum described before.' No set time was allotted for (he holding of these or any of thr other Camitidy but only as business required. The people being met together, and confirmed by the report of good omens from the Augurs (which was necessary in all the assem- blies) the Ito!!:;(ffio, or business to be proposed to them, was publicly read. After this (if none of the magistrates interposed) upon the or- der of him that presided in tin; Comitia, the people divided into their proper Curiae, and consulted of the matter; and then the Curiae be- ing called out, as it happened by lot, gave their votes, man by man. in ancient times viva voce, and afterwards by tablets [tabella :) the '• Sigon. de Antiti. Jur. Provinc. Ub. 9. chnp. 1. ■ Sec Part H. Book \ chap 5 ^F THE ROMANS. Ii3 most votes in every Curia going for the voice of the whole Curia, and the most Curiae for ilie general consent of the peuple. In the time of Cicero, the Comitia Curiata were so much out of fashion, that they were formed only by thirty Lictors representing the thirty Curiae : whence, in his second oration against Rullus, he calls them Comitia adumbrata. The Comitia Centuriata were instituted by Servius Tullius ; w ho, obliging every one to give a true account of what they were worth, according to those accounts divided the people into six ranks or dasaeSy which he subdivided into 193 centuries. The first dassis, containing the Equitea and richest citizens, consisted of ninety" eight centuries. The second, taking in the tradesmen and mecha- nics, made up tw o and twenty centuries. The third, the same num- ber. The fourth, twenty. The fifth, thirty. And the last, filled up with the poorer sort, had but one century.*" And this, though it had the same name w ith the rest, yet w^as sel- dom regarded, or allowed by any power in public matters. Hence it is a common thing with the Roman authors, when th/^y speak of ihe Classes, to reckon no more than five, the sixth not being worth their notice. This last dassis was divided into two parts, or or- ders, the proletarii, and the capita censi. The former, as their name implies, were designed purely to stock the commonwealth! with men, since they could supply it with so little money ; and the latter, who paid the lowest tax of all, were rather counted and marshalled by iheir heads than their estates.' Persons of the first rank, by reason of their pre-eminence, had tlie name oi dassici ; whence came the phrase of dassici auctores, for the most approved writers. All others, of what dassis soever, w^ere said to be infra dassem,'" The assembly of the people by centuries was held for the electing of Consuls, Censors, and Praetors; as also for the judging of persons accused of what they called crimen perdifdlionis , or actions by which the party had showed himself an enemy to the state ; and for the confirmation of all such laws as were proposed by the chief magis- trates, and which had the privilege of calling these assemblies. The place appointed for their meeting was the Campus Martius; i)ecause in the primitive times of the commonwealth, when they were under continual apprehensions of enemies, the people, to prevent any >udden assault, went armed, in martial order, to hoid these assem- blies ; and w ere for that reason forbid by the laws to meet in the Rosin, .lb. 7. chap. 7. See Di'jM\s. lib. 4. i A. Gcll. lib. 7. . i. .(). 13. ^ Idem, lib. 16. chap. 10. ^.'•r i* 144 Of THE CIVIL GOVERNMFNl OF THE ROMANS. 145 city, bocau^t' an army was upijn no account to be marslialled w itiun the walls; yet, in latter a«;es, it was tliouijht suttitient to place a body ot soldiers as a i^uard in the .laniculuni, where an imperial standard was erected, the taking down of which denoted the con- cbisiun of the Comitia. Thou«''h the tiine ot" these Comitia for other matters was undeter- mined, yet the m;ii:;istrates, after the year of the city ()01, when they he^^an to enter on their place on the Kalends of January, were con- stantly designed about the end of July, and the begmnin^ir of Au;^ust. All the time between tiieir election and confirmation, they con- tinued as private persons, that incpiisition might be made into the clecti(»n, and the other candidates niight have time to enter objec- tions, if they met with any suspicion of foul dealing. Vet at the elec- tion of the Censors, this custom did not hold ; but as soon as they were pronounced elected, they were immediately invested with the ho- nour. 15y the iAstitution of these Comitia, Servius Tullius secretly con- veyed the V hole power fn)m the commons ; for the centuries of the first and richest class being called out first, who were three more in number than all the rest put together, if they all agreed, as generally they did, the business was alreaily decided, and the other classes were needless and insignilicant. However, the three last scarce ever catne to vote.' The commons, in the time of the free state, to rectify this disad- vantai^e, obtained, that before they procruMlrd to voting any matter at these Comitia, that century should give their sullVages lirst, upon whom it fell by lot, with the name oi v€}i1urisembly. Judgments made by one or more select judges, may be divided into public and private ; the first relating to controversies, the se- cond to crimes. The former will be sufficiently described, if we consider the mat- ter or subjects of these judgments, the persons concerned in them, and the manner of proceeding. The matter of private judgments taken in all sorts of causes that can happen betv»een man and man ; which being so vastly extended, and belonging more immediately to tlie civil law, need not here be insisted on. The persons concerned were tlie parties, the assistants, and the judges. The parties were the actor and reus, the plaintiff and defendant. The assistants were the pro cttrato res, and the tf(/t'oc«/i, of whom, though they are often confounded, yet the first were properly such lawyers as assisted the plaintift'in proving, or the defendant in clear- ing himself irom the matter of fact; the other, who were likewise called patroni, were to defend their client's cause in matters of law.* Both these were selected out of the ablest lawyers, and had their names entered into the matriculation book of the forum. This was one condition requisite to give them the liberty of pleading; the other was the being retained by one party, or the receiving a fee, which they termed mandatum,'' The judges, besides the Praetor or supreme magistrate, who pre- sided in the court, and allowed and confirmed them, were of three sorts; Arbitriy Recuperator es, and Centumviri litibus judica)idis. JI rb it ri, whom they called simply ;W/cc5, were appointed to deter mine in some private causes of no great consequence, and of very easy decision. Jiccuperatores were assigned to decide the controversies about re- ceiving or recovering things which had been lost or taken away. But the usual judges in private causes, were the Centumviri ; three of which were taken out of every tribe, so that their number was five more than their name imported ; and at length increased to a hundred and eighty. It is probable that the Jirbitri and Recupe- ratores were assigned out ol this body by the Praetor. The manner of carrynig on the private suits was of this nature : ' Mr. Walker on Coins, p. 126. Dionys, lib. 9. Zoucli. Element, dunsprud. p. 5. sect. rbirl. ■.a*iiS* 14S Ut THE CIVIL UOVEKNMLNl OF THE ROMANS. 14^ The (litt'ereiice failing to be made up between iVieiids, the injured person proceeded in juis rtum vucart, to bunimon or cite the otieiid- in"^ pinty to the court; who was obliged immediately to go along with him, or else to give bond for his appearance ; according to the common maxim, In jus vocatus, aut eat uut sutiadtf. lioth parties being met before tiie Pra:tor, or other supreme ma- gistrate presiding in the court, the plaintitt* proposed the action to the defendant, in wliich lie designed to sue him; this they termed idere actionem^ being perlormeil commonly by writing it in a tablet, and ottering it to tlie defendant, that he might see whether* he had best compound or stand the suit. In the next place came the pontidatin aclionis, or the plaint IlFs desiring leave of the Prxtor to prosecute the defendant in such an action; this being granted, the plaintitt* vadabiUur rcum, obliged liim to give sureties for his appearance on such a day in the court ; and this was all that was done in public, before the day prelixed lor the trial. In the mean time, the ditterence used very often to be made up, either tran.sartionc,o\' pacta y by letting the cause fall as dubious and uncertain ; or by composition for so much damage, to be ascertained by an equal number of friends. On the day appointed for hearing, the Prajtor ordered the several bills to be read, and the parties to be summoned by an accensits or beadle. Upon the default of cither ])arty, the defaulter lost his cause. The appearing of both they termed sv stdissc ; and the plain- titt' proceeded lifnn ttive actionem intcnderc, to prefer the suit; which was performed in a set form of words, varying according to the dif- ference of the actions. After this the plaintiif desired judgment of the Prxtor ; that is, to be allowed a judex or arbiter^ or else the re- vvpcratorcs or ccntuniviri, for the hearing and deciding the business ; but none of these could be desired, unless botii parties agreed. The Pr^Ltor, when he assigned them their judges, at the same time de- fined the number of witnesses, to hinder the protracting of the suit; and then the parties proceeded to give caution, that the judgment, whatever it was, should stand and be performed on both sides. The judges always took a solemn oath to be impartial ; and the parties swore they did not go to law with a design to abuse one another ; this they caWed jura nientum cahimniic. Then began the disceptatio cauniVy or disputing the case, managed by the lawyers on both sides : with the assistance of witnesses, writings, and the like ; the use of which is so admirablv tau2:ht in their books of oratorv. In giving sentence, the major part of the judges was required to overthrow the defendant. If the number was equally divided, the defendant was actually cleared ; and if half condemned him in one sum to be paid, and half in another, the least sum always stood good.^ The consequence of the sentence was either In integrum restitu^ tio, AddictiOy Judicium calumni<£, or Judicium falsi. The first was, when upon petition of the party who was over- thrown, the Praetor gave him leave to have the suit come on again, allowed him another full hearing. jlddictio, was, when the party who had been cast in such a sum, unless he gave surety to pay it in a little time, was brought by the plaintilT before the Pr.itor, who delivered him into his disposal, to be committed to prison, or otherwise secured, till satisfaction was made. Judicium calumnia was an action brought against the plaintiff for false accusation. Judicium falsi y was an action which lay against the judges for cor- ruption and unjust proceedings. CHAPTER XVIll. OF PUBLIC JUDGMENTS. FOR the knowledge of public judgments, we may take notice of the crimes, of the punishments, of the Quaesitors and judges, of the method of proceeding, and of the consequences of the trial. The crimes, or the matter of the public judgments, were such ac- tions as tended, either mediately or immediately, to the prejudice of the state, and were foibid by the laws : as if any person had deroga- ted from the honour and majesty of the commonwealth ; had embez- zled or put to ill uses the public money, or any treasure consecrat- ed to religion ; or had corrupted the people's votes in an election ; or had extorted contributions from the allies ; or received money ill any judgment ; or had used any violent compulsion to a member of the commonwealth : these they termed Crimina majestatisy pecula- tnSy amJjituSy repetundarum, and vis publica. Or if any person had killed another with a weapon, or effected the same with pois: i^ ; or bid violent hands on his parents ; or had forged a will; or counter- " Zoucli. Element, p. 5. sect 10. '2\ 150 f)F THi: CIVIL GOVERNMENT feitei used to be ten. In the JAttio sfnfenfics, ov pronouncing sentence, they proceeded thus ; after the orators on both sides had said all they designed, the crier gave notice of it accordingly ; an^/ios- cendum; or rather the bare word .^MPLIUS: This Asconius teaclu's us ; JMoh veteriwi hie futrat, ut si absolveiulus quis csaet, stutiin abiiolceretur ; ai dmnnanduSy statim damnaretur ; si causa non esset idonea ad damnationcm, absolvi tamen non posset, AM- PLIUS pnmuneiaretur. Sometimes he mentioned the punishment, anii sometimes bft it out, as being determined by the law on wliich the indictment was grounded. The coiisecpierices of the trial in criminal matters maybe reduced to these four heads, JEstimalio litis, Animadversio, Judicium calmn- 7U(C, and Judicium pravaricatimiis, jEstimatio litis, or the rating of the damages, was in use only in cases of bribery, and abuse of the public money. Aninmdversio, was no more than the putting the sentence in exe- cution, wliich was left to the care of the Pr^itor. But in case the party was absolved, there lay two actions against iiie accuser; one of calumny, the common punishment of which was f routes inustio, burning in the forehead ; and the other of prevarica- tion, when the accuser, instead of urging the crime home, seemed rather to hide or extenuate the guilt; hence the Civilians define a pre>aricator, to be " one that betravs his cause to the adversarv, and turns on the criminars side, whom he ought to prosecute.'* CHAPTER XIX. JUDGMENTS OF THE W^HOLE PEOPLE. THE people were sometimes the judges, both in private and pub- lic causes ; though of the first we have only one example, in Livy ; the other we frequently meet with in authors. These juilgments were made first at the Comitia Curiata, and af- terwards at the Centuriata and Tributu ; the proceedin'*-s in all which assemblies have been already shewn ; what we may further observe is this ; When any magistrate designed to impeach a per- son of a crime before the whole people, he ascended the rostra, and calling the people together by a crier, signified to them, that upon such a day, he intended to accuse such a person of such a crime : This they termed rto diem dicere ; the suspected party was obliged immediately to give sureties for his appearance on the day prefixed, and in default of bail, was committed to prison. On the appointed day, the magistrate again ascended the rostra, and cited the party by the crier ; who unless some other magistrate of equal authority interposed, or a suHicient excuse was offered, was obliged to appear, or might be punished at the pleasure of the magis- trate who accused him. If he appeared, the accuser be«-an his charge, and carried it on every other day, for six days together ; at the end of the indictment mentioning the particular punishment spe- cified in the law for such an offence. This intimation thev termed inquisitio. The same was immediately after expressed in writin«»-, and then took the name of rogatio, in respect of the people, who were to be asked or consulted about it ; and irrogatio, in respect of the criminal, as it imported the mulct or punishment assigned him^by the accuser. This rogatio was publicly exposed three nundina' or market-days together, for the information of the people. On the third market-day, tlie accuser again ascended the rostra ; and, the people being called together, undertook the fourth turn of his char"-e, and, having concluded, gave the other party leave to enter upon hiis defence, either in his own person, or by his advocates. At the same time as the accuser finished his fourth char^-e he gave notice what day he would have the Comitia meet to receive the bill ; the Comitia Tributa to consider of mulcts, and the Centu- iula for capital punishments. But in the mean time, there were several ways by which the ac- !i*»%H 154 OF THE CIVIL GOVERNMENT OF THE ROMANS. 155 cuseil party might be relieved ; as first, if the tribunes of the com- mons interposed in his behalf; or if he excused himself by voluntary exile, sickness, or uj)on account of providing for a funeral ; or if he prevailed Avith the accuser to relinquish his charge, and let the ( ause fall ; or, if upon tl»e day appointed for the Comitia, the Augurs dis- ( overed any ill omens, and so forbad the assembly. If none of these happened, the Comitia met, and proceeded a» has been alreadv described ; and as for their anhnadversiOy or putting the sentence in execution, this was performed in the same manner as in the IV.vtorian judi^ments. The forms of iudi»nients which have been thus described, must be jsupposed to have prevailed chietly in the time of the free state : for as the kings before, so the emperors afterwards, were themselves iudf-es in what causes and after what manner thev pleased, as Sue- lonius particularly informs us of almost all the twelve Cxsars. It was this gave occasion to the rise of the mandtiioris and ihlatores, a sort of wretches to be met with in every part of history. The bu- siness of the former was to mark (U)wn such persons as upon in- quisition they pretended to have found guilty of any misdemeanour; and the latter were employed in accusing antl prosecuting them up- on the other's order. This mischievious tribe, as they were counte- nanced and rewarded by ill princes, so were they extremely de- tested by t!»e good emperors. Titns prosecuted all that could be found upon the nmst diligent search, with death or perpetual ban- ishment ;> and IMiny reckons it amongst the greatest praises of Trajan, that lie ]\\\{\ cleared tlie city fiom the perjured race of in- former*. ' CHAPTER \X OF THE ROMAN PUNISHMENTS. I'flK accurath Sigonius has divided the punishments into eight sorts, Damnum, Jlncula, J^crbcra, TaliOy Ignomuiia, Exilium, Ser- vituSy 3/ors, Damnum was a pecuniary mulct or fine set upon the otfender ac- cording to the quality of the crime. nncidiim signifies the guilty person's being condemned to impri- sonment and fetters, of which tliey had maiiy sorts, as mamcXypedi- cx, nervi, boiit, and the like. The public prison in Rome was built > Sueion. in Tit chap. «. ' Pf«n. in Panegyric. ov Ancius Martins, hard by the Forum :" To which anew part wai? added by Servius Tullius, called thence Tui/iaiunn ; Sallust de- scribes the TidUamtm as an apartment under ground,'' into which they put the most notorious criminals. The higher part, raised by Ancus Martins, has commonly the name of the robur, from the oak- en planks which composed it. For the keeping of the prison, besides the Triumviri, there was appointed a sort of gaoler, whom Valeri- us Maximus calls ciistos carceris/ and Pliny co))r7nenfarlcniiis.'^ Verbcra, or stripes, were intlicted either with rods [virs^cr) or with batoons {ftistes:) the first commonly preceded capital punishments properly so called ; the other was most in use in the camp, and be- longed to the military discipline. Titlio was a punishment by which the guilty person suffered ex- actly after the same manner as he had oftendeil ; as in cases of maim- ing and the like. Yet A. Gellius informs us, that the criminal was allowed the liberty of compounding with the person he had injured ; so that he needed not suffer the talio unless he voluntarily chose it.« Ignominia was no more than a public shame which the offending person underwent, either by virtue of the Praetor's edict, or more commoidy by order of the Censor ; this punishment, besides the scandal, took away from the party on whom it was inflicted the pri- vilege of bearing any office, and almost all other liberties of a Roman citizen. FJixium was not a punishment immediately, but by consequence ; for the phrase used in the sentence and laws, was aqux et ignia in- ffrdictioy the forbidding the use of water and lire, which being neces- sary for life, the condemned person was obliged to leave his country. Vet in the times of the latter emperors, we find it to have been a po- sitive punishment, as appears from the civil law. Relagalio may be reckoned under this head, though it were something different from the former; this being the sending a criminal to such a place, or for such a time, or perhaps for ever ; by which the party was not de- prived of the privilege of a citizen of Rome, as he was in the first sort of banishment, which they propei ly called cxilium. Suetonius speaks of a new sort of relagatio invented by the emperor Claudius ; by which he ordered suspected persons not to stir three miles from the city.* Besides this relagatio^ they had two other kinds of banish- nient, wliich they termed deportatio, and pruscriptio ; though nothing is more common than to have them confounded in most authors. De- portatio, or transportation; differed in these respects from relagalio; * Liv. lib. 1. »» In Belle Catilinar. ^ Lib. 6. '^ Lib. 7. chap. 58. ' A. Geli. lib. 11. cb;'p. 11. ^ Su«?t. in Ciatid, chap. So. ''.'id 15b Oi- THE CIVIL GOVERNMENT that ulipreas the rele^uli were condemned either to change their country for a set time, or for ever, and lost neither their estate and goods, nor the privilege of citizens ; on the contrary, the deporlatl were banished always forever, and lost both their estates and privi- leges, being counted dead in the law.- And as for the proscripti, they are defined by the lawyers to be " such persons whose names were fixed up in tablets at the Forum, to the end that thev mijrht be brought to justice ; a reward being proposed to those that took them, and a punishment to those that concealed them."" Sylla was the first inventor of this practice, and gave himself the greatest exam- ple of it that we meet with, proscribing 2000 knights and senators at once.' It is plain, that this was not a positive banishment, but a forcing persons to make use of that security ; so that we may fancy it of like nature with our outlawry. Servitus was a punishment, by which the criminal's person, as well as goods, was publicly exposed to sale by auction : This rarely happened to the citizens, but was an usual way of treating captives taken in war, and therefore \\ ill be described hereafter. Under the head of capital punishment {mors,) the Romans reck- oned extreme banislnnent ; because those who underwent that sen- tence, were in a civil sense dead. 15ut, because this punishment has been already described, we are only now to take notice of such as reached the offender's life. The chief of these were pcrcussio securiy strangulatio, prfeciplta- tio de robore, dcjcclio e rupe, Turpeidy in cniceni actio, aiiilprujfctio }yi projlucntem. The first was the same as beheadins: with us. The second was performed in the prison, as it is now in Turkey. The third and fourth were a throwing the criminal headlong, either from that part of the prison called robitr ; or from the highest part of the Tarpeian mountain. The fifth punishment, namely crucifixion, was seldom inflicted on any but slaves, or the meanest of the commons ; yet we find soine examples of a ditferent practice ; and Suetonius particularly relates of the emperor Galba, that having condemned a Roman citizen to suffer this punishment for poisoning his ward, the gentleman, as he was carrying to execution, made a grievous complaint that a citizen of Rome should undergo such a servile death, alleging the laws to the contrary. The emperor, hearing his plea, jiromised to alleviate the shame of his sentence, and ordered a cross, much larger and K C .Ivin Lexicon Juridic. in voce De- '' Ibid, in voce Proscripti. pMtati et Jidesati. ' Florus, lib. 2. chap. 28. OF THE ROMANS. 157 more neat than ordinary, to be erected, and to be washed over with white paint, that the gentlemen, who stood so much on his quality, might have the honour to be hanged in state.' The cross and the furca are commoidy taken for the same thing in authors ; though, properly speaking, there was a great difference between them. The furca is divided by Lipsius into ignominiosa and pfpnalis ; the former, Plutarch describes to be that piece of wood which supports the thill of a waggon : He adds that it was one of the greatest penances for a servant who had oft'ended, to take this upon his shoulders, and carry it about the neighbourhood ; for whoever was seen with this infamous burtlen, had no longer any credit or trust among those who knew it, but was called furcifer, by way of ignomy and reproach. Furca pcitmUiti was a piece of wo(k1, much of the same shape as the former, which was fastened, about the convicted person's neck, he being generally either scourg- ed to death under it, or lifted up by it upon the cross. Lipsius makes it the same with t\\c patibuluniy and fancies, that for all the name, it might not be a forked piece of timber, but rather a straight beam, to which the criminal's arms, being stretched out, were tied, and which, being hoisted up at the place of execution, served for the transverse part of the cross. Projictio in projiucnlum was a punishment proper to the crime of parricide, or the murder of any near relation. The person convict- ed of this unnatural guilt, was immediately hooded, as unworthy of the common light: In the next place, he was whipt with rods, and then sewed up in a sack, and thrown into the sea; or, in inland countries, into the next lake or river. Afterwards, for an addition to the punishment, a serpent used to be put into the sack with the criminal ; and by degrees in latter times, an ape, a dog, and a cock. The sack which held the malefactor was termed cultus; and hence the punishment itself is often signified by the same name. The rea- son of the addition of the living creatures is thought to have been, that the condemned persons might be tormented ^\itll such trouble- some company, and that their carcases might want both burial and rest. Juvenal expressly alludes to this custom in his eighth Satire^: Jjibe^a si dentuv populo sujfragia, g^iis tain PerdttuSy ut Uubitet Senecum prrferre A'eroni ? Cujui suppUcio non debut t una paruri Simia, non serpens unus, non culeus unus. Had we the freedom lo express our mind, There's not a wretcii so much to vice mchu'd, Biit will own Scnera did far excel Ills pupil, by vvl.o-.e tyranny he fell.'' • Suetnn. in Galba, chap. 9. ^ Plutarch, in Goriolaii. CiC) I 158 OF THE CIVIL GOVERNMENl To expiate wao.^c c'jun>iicult'il g'lilt, >\ nil soruf proportion lo tlie blood lie spilt, Romt* should mon- serpents, apes und sacks provide, Tli.iU one, for lie compendious parncidt . STEP^fKir, The same poet in another phice intimates, that this sack was made of h'atlier. Tullv, in his delencc of Sextiis lloscius, who stood arraigned for paiiK'ide, has <^i\en an admirable actount of this punishment, with the reason on which it was j^^rounded ; particularly, that the male- factoi- was thrown into tlie sea, seweil up in a sack, for fear he should pollute that element which was reckoned the common purifier of all ^hinf^s ; with many the like ingenious reflections. Besides the punishments mentioned by ^igonius, who seems to consider the Romun people as in a free state, we meetwithabumlance of others, either invented or revived in the time» of the empe- rors, and especially m latter ages ; among these, we may take no- tice of three as the most considerable, ud liahs, ad rnttalla, ad bent in s. The lawyers divide Indus, when fhey take it for a punishment, into venatoriffs and gladiator ins. ^ Hy the former, the convicted persons (commonly slaves) were obliged to engage with the wild beasts in the am[)hitheatre ; by the latter, they were to perform the part of gladiators, and satisfy justice by killing one another. Ad metalla, or condemning to work in the mines, Suidas would have to be invented by Tarquinius Superbus. ' Whatever reason he luid for his assertion, it is certain we rarely find it mentioned till the times of the later emperors; and particularly in the histo vies of the jiersecutions of the Christians, who were usually sent in great numbers to this laborious and slavish employment, with the name of inctalliii. The throwing of persons to wild beasts, was never put in execu- tion, but upon the vilest and most despicable malefactors, in crimes of tUe highest nature. This too was the common doom of the primi tive Christians; ami it is to the accounts of their suflerings we are beholden for the knowledge of it. It maybe observed, that the phrase Ad bentutfi dariy aftects as well such criminals as were con- demned to fight with the beasts, as those who were delivered to them to be devoured : And the former of these were properly termed beatiarii.'' There is still one punishment behind worth our observation, and which seems to have been proper to incendiaries, and that was tin; wrapping up the criminal in a sort of coat, daubed over with pitch. OF THE ROMANS. 159 iiud then setting it on fire. Thus, when Nero had burnt Rome, to satisfy his curiosity with the prospect, he contrived to lay the odium on the Christians, as a sort of men generally detested : and seizing on all he could discover, ordered them to be lighted up in this man- ner, to serve for tapers in the dark ; which was a much more cruel jest than the former, that occasioned it. Juvenal alludes to this cus- tom in his eighth Satire : Jusi quod liceat tunica punire molestd To recompense uhost- barbarous intent, Vilch'd sliirts would prove a legal punibhment. ' (/al\ in i.v Ml .lundic. '•' 111 voce ^ «T«^^oj. «' C.lvni n\ \^)Ce ,id bestias da' • Ibid, in Hfstiir::. CHAPTER XXI. OF THE ROMAN LAWS IN GENERAL. IN the beginning of the Roman state, we are assured all thin^si were managed by the sole authority of the king, without any certain standard of justice and equity. But when the city grew tolerably poi)ul()Us, and was divided by Romulus into thirty curias, he began to prefer laws at the assembly of those curix, which were confirm- ed, and universally received. The like practice was followed by Numa, and several other kings ; all whose constitutions, being col- lected in one body by Sextus Papirius, who lived in the time of Tar- quin the Proud, took from him the name of jus Papirianum. iiut all these were abrogated soon after the expulsion of the royal family, and the judicial proceedings for many years together de- depended only on custom and the judgment of the court. At last, to redress this inconvenience, commissioners were sent into Greece, to make a collection of the best laws for the service of their coun- try ; and at their return, the Decemviri were created to regulate the business, who reduced them into twelve tables, as has been already shewn. The excellency of which institution, as it is sufficiently set fortli by most authors, so is it especially beholden to the high enco- mium of Cicero, when he declares it as his positive judgment and opinion, that " the laws of the twelve tables are justly to be prefer- red to whole libraries of the philosopers.'" They were divided into three parts, of which the first related to the concerns of religion ; the second to the rights of the public ; and the last to private persons. " Cicero, de Oratore, lib 1 . " IbO Ol niK CIVIL GOVERNMENT These laws bein^ establishcH, it necessarily followed, thattherc sliould be disputations and controversies in the courts, since the in- terpretation was to be founded upon the anihority of the learned. This interpretation they called ;Vv civUe, thou* A (iellius. * Flut. in Marcel. Cic. pro Fonleio et y Cic.de Amicitia. ^ Idem. Philip. 8. ' Suet, in Ner. Patercul. lib. 2 Cic. ' 1-iv. lib. 27. Alex. Neapolitan, &c. Agrar. 2. teen seats of the theatre, unless they were worth four hundred ses- tertia, which was then reckoned the censm equestris.^ Augustus Cxsar, after several of the equestrian families had im- paired their estates in the civil wars, interrupted this law so as to take in all those whose ancestors ever had possessed the sum there spj'rified. CHAPTER XXIII. LAWS RELATING TO THE RIGHTS AND PRIVILEGES OE THE RO- MAN CITIZENS. VALERL^ Lex de Provocaiione, the author P. Valerius Poplico- la, sole Consul upon the death of his colleairue Brutus, A. 243, giv- ing liberty to appeal from any magistrate to the people, and order- ino- that no magistrate should i)unish a Roman citizen in case of such an appeal.'' Valeria Horaiia Lex, the authors L. Valerius and M. Horatius, Consuls, A. 304, reviving the former law, which had lost its force under the Decemvirate.' Valeria Lex Tertia, the author M. Valerius Corvinus, in his con- sulship with Q. Apuleius Pansa, A. 453, no more than a confirma- tion of the first Valerian law .' Porcia Lex, the author M. Porcius, Tribune of the commons, in the same year as the former; commanding that no magistrate should execute, or punish with rods, a citizen of Rome ; but, upon the sen- tence of condemnation, should give him permission to go into exile.*^ Sempronix Zeg-e,v, the author Sempronius Gracchus, Tribune of the commons, A. 630, commanding that no capital judgment should pass upon a citizen, without the authority of the people, and making several other regulations in this aftair.' Papia Lex de Peregrinis, the author C. Papius, Tribune of the commons, A. 688, commanding that all strangers should be expell- ed Rome."* I Cic. Philip. 2. Ascon. in Cornelian. Juven. Sut. 3. and 14. Herat. Epod. 4 Kpisl 1. '' Liv. lib. 9. Plut. in Pop'icol- &c. ' Liv. lib. 3 > L.v. lib. 10. ' Liv.li '. 10. Cic. pro Kiibirio. *-' dlust. in Citiiinar. Sueloii. m Nrr. &r 1 Cic. pro Uabirio ; pro Douio sua; pro Clueiilio, ^c. ^ Cic. pro Halbo tW*-^ 1 04 Ul THE CIVIL GOVERNMENT OF THE ROMANS. 165 Jiinia Lex, the author M.Junius Peiinus, coiifirmini; the lorinur law, and foibiddinj^ that any stranj^ers should be allowed the privi ieire of citi/AMis. StrvHia Lex, the author C. Servilius Glaucia, ordaining that il }, iha author tlie same Sulla, in hi? " Tie. cle OfF.c. lll)..l. ^ Cic. ill liruto. \ .'.I M.v lih. S'.rl.ap. f) " Ascon. in Orut. pro Scaiiro. Cic. * Cic, pro Hajho. prf> lialbo. P Cic.tlo Odir. lib. .I. et pro IJilho, ") Flor. I lib, 3. 1 - di' I-cg". ' Ai)(;iiin. lib. 1. " C'ic. pro .\rci»ia. *' I'I'it in ^yll:i. Kpit. l/»v. " K-.it. i.;v ('a. dictatorship, taking away the privilege fo.merly granted to the cor- porate towns, frotu as many as had assisted Marius, Cinna, feuipi- cius, or any of the contrary faction. Gellia Cornelia Lex, the authors L. Gellius PopUcola, and Cn. Cornelius Lentulus, A. 681, ordaining, that ah those persons \v,;om Pompey, by his own authority, had honoured with the privilet^e of the city, should actually keep that liberty.* CHAPTER XXIV. LAWS CONCERNING MEETINGS AND ASSEMBLIES. jELLi Lex, ordaining that, in all assemblies of the people, the Augurs should make observations from the heavens; and that the magistrate should have the power of declaring against the proceed- ings, and of interposing in the decision of any matter. Fusia Lex, ordaining, that upon some certain days, though they were Fasti, it should be unlawful to transact any thing in a meeting of the people. The authors of these two laws are unknown; but P. Manutius conjectures, that the first w as made b^ Q. ^£lius Paetus, Consul with M.Junius Pennus, A. 586 ; the other by P. Furius, or Fusius, Con- sul with S. Attilius Serranus, A. 617. The laws themselves occur frequently in writers. Clodia Lex, the author P. Clodius, Tribune of the commons, A. 695, containing an abrogation of the greatest part of the two former laws, and ordering, that no observation should be made from tiie heavens upon the days of the Comitia ; and that on any of the Liies Fasti, laws might be enacted in a public assembly. y Curia Lex, the author M. C'urius Dentatus, Tribune of the com- mons, A. 454, ordaining that no Comitia should be convened for the election of magistrates without the approbation of the senate ; Ut ante Comitia Magi^tratuurn Pat res auctorcs fierent,'- Claudia Lex, the author M. Claudius MarccUus, Consul with Serv. Sulpicius Rufus, A. 702, ordering, that at the Comitia for the •"'lection of magistrates, no account should be taken of the aOseiit." \v Cic. pro Domo sua. Cic. pro lialbo. Ascon. in Pison. * Cic. de Claris Oratoribus. ^ isuet. in juliu. 166 OF THh CIVIL GOVFWKMFM OF THE ROMANS. 16' Gafnnlu Lr.r, the author A. Gabinius. Tribune of the commons. A Gl4,rou.man.linj; that, in the Comitia for the election ol nia^;is. trate^. the people should not ^nve their suftVag;es viva voce, but by taliets, for the -reater freedom and impartiality of the proceeding;s.^ ' Cassia Jau: enacted about two years after, commanding, that in the courts of ju^llce, and in the Comilia Tributa, the votes should be »nven in a free manner; that is, by tablets.*^ rnjnjna Ux, the author C. Papyrius Carbo, Tribune of the com- nions,'A. (i21, ordaining, that in the Comitia about the passing or rejectnig of laws, tlie surtVa-es should be given by tablets." ' C\ the aull.or C. Marius, Tribune of the commons. A. 6 34 oraoru.g the b> i.lges, or long planks, on which the people stood in the Comitia to give their voices, to be made narrower, that no other persons might stand there, to hinder the proceedings by ap- peals or other disturbances.- , ™ -, c ScmproJiia Lex, the author C. Sempronius Gracchus, Tribune of the commons, A. 565. ordaining that the Latin conlederatcs should have the privilege of giving their suftiages. as well as the Roman citizens.'' . ^ , 4 Manilla Lex, the author C . Manilius, Tribune of the commons A. 687 ordaining, that the libertini should have the pr.vdege ot voting in all the tribes.' , . ui Gabinia Lex, a confirmation of an old law ol the twelve ables, making it a capital oftence for any person to convene a clandestine assembly.' b Cic. .1e Anucit. et pro PUmlio, ct • Sallus,. in O rat 2. "'1 *;--;;^- f C'C. in \yx\\o d Ci«'. -'e Leg. lib. 3 • Id. Ibid h Cic. sapisstvie » Cic pro iir^e Munilia. ' Sallust. in CuUlinar. CHAPTER XXV. LAWS RELATING TO THE SLNArE. CASSIA Lex, the autluu- L. Cassius Longinus, Tribune of the commons, A. 649, ordaining that no person who had been condemn- ed or deprived of his office by the people, should have the privilege of coming into the senate.'' Claudia Lex, the author Q. Claudius, Tribune of the commons, A. 535, commanding, that no senator, or father of a senator, should possess a sailing vessel of above three hundred Amphorae; this was thought big enough for the bringing over fruits and other necessa- ries ; and as for gain procured by trading in merchandize, they thought it unworthy the dignity of that order.' Sulpicia Lex, the author Servius Sulpicius, Tribune of the com- mons, A. 665, requiring that no senator should owe above two thou- sand drachmse."' Sentia Lex, the author (probably) C. Sentius consul with Q. Lu- cretius, A. r34, in the time of Augustus ; ordering that in the room of such noblemen as were wanting in the senate, others should be substituted." Gabiniu Lex, the author A. Gabinius, Tribune of the commons, A. 685, ordering, that tlie senate should be convened, from the ka- lends of February, to the kalends of March, every day, for the giv- ing- audience to foreign ministers." "^Piipia Lex, ordaining that the :^enate should not be convened from the eighteenth of the kalends of February, to the kalends of the same month ; and tliat, before the embassies were either accepted or rejected, the senate should be held on no other account,*' TuUia Lex, the autlior M. Tullius Cicero, consul with C. Anto- ny, A. 690, ordainins:, that such persons to whom the senate had allowed the favour of a libera legatio, should hold that honour no longer than a year. Libera legatio was a privilege that the senators ftfte'ii obtained for the going into any province, or country, where they had some private business, in the quality 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 roncerns.* •t Ascon. in Cornelian 1 Cic Verrem, 7. •« Pint, in Sylla ^ Tnnl An "^ o Cic.Epist ad Quin FrHir. lib. 2. ep. 12, ? Cic lit). 1 ^l> 4 at LentuI lib. 2, ep 2. ad Quin Fntr. &c. • Ci ; tl** L'Gg lib. 3. IfiS OF IIIK CIVIL CiOVKRNMENT CHVPTKR XXVI. LAWS KLLATING TO THK MAGISTRATES. LEX Villa Annalh, or Jlnnariity the author 1^. Villius ffor wlioiu we sometimes tirul li. Julius, or Lucius Tullius) Tribune of the com- mons, A. ~CA, detinlni; llie pnjper ai!;e requisite for bearing; of all the ma»»-istracies.' Livv, ^vho relates the making of this law, does not insist on the particular ages; and learned men are much divideil about that point. Lipsius states the difference after this manner; the aj^e ])roper to sue for the Quaestorship he makes twenty-live years ; for the i'ldilesand Tribunes, twenty-seven or twenty-eight; thirty for the Pn^etor, and forty-two for the Consuls. Genntia Lex, the author L. Genutius, I'ribune of the commons, A. 411, commanding, that no person should bear the same magistra- cy within ten years distance, nor should be invested with two oflit es in one year.^ Corndia LcXy the autlior Cornelius 8ylla the I)ictat(u-, A. 073, a repetition and confirmation of the former law.* Scmpronia Lex, the author ('. Sempronius Gracchus, Tribune oi the commons, A. 630, ordaining, that no person, who had been law fully deprived of his magistracy, should be capable of bearing an of- fice again. This was abrogated afterwards by the author." Cornelia Lex, the author L. (>oriielius Sylla, Dictator ; ordaining, (hat such persons as had embraced his party in the late troubles, should have the privilege of bearing honours before they were capa- ble by age ; and that the children of those who had been proscribed -ihould lose the power of standing for any office.^ //irtia Lex, the Author A. Ilirtius; ordaining that none of Pom- pey's party should be admitted to any dignity.^* Sextia lAvinia Lex, the authors Licinius and L. Sextius, Tri- bunes of the commons, A. 3l(), ordaining, that one of the Consuls should be chosen out of the body of the commons.^ Genutia Lex, the author h. Genutius, Tribune of the comnion^, A. 411, making it lawful that both Consuls might be taken out of the commons.* » Liv li,>. 40 * Idtn , lib 7. ■ Ajjpian. lib. 1. dc Bell. Civil. « IMut. in (iracchis. "^ rlin. lib. 7. Quintil. lib 11 chap 1. C'"c. in Pi^ .». w Cic. Pl.i.ip. 1". •^ Liv. lib. 6. y Idem, lib 7 OF THE ROMANS. 169 Cornelia Lex, the author L. Cornelius Sylla, Dictator, A. 673, or- daining, that the Praetors should always use the same method in ju- dicial processes. For the Praetors used, upon the entrance on their office, to i)ut u|) an edict, to shew wliat way they designed to pro- ceed in all causes during their year : these edicts, which before com- monly varied, were by this law ordered to be always the same, for the preserving a constant and regular course of justice. =' Mnrcia Ze.r, the author Marcius Censorinus, forbidding any per- son to bear the censorship twice.' Clodia Lex, the author P. Clodius, Tribune of the commons, A. 695, ordering, that the Censors should put no mark of infamy on any person in their general surveys, unless the person had been accused and condemned by both the Censors; whereas before they used to punish persons, by omitting their names in their surveys, and by other means, whether they were accused or not ; and what one Censor did, unless the other actually interposed, was of eciual force as if both had joined in the action." CiBcilia Lex, the author Q. Cxcilius Metellus Pius, Consul with Pompey the Great, A. 701 , restoring their ancient dignity and power to the Censors, which had been retrenched by the former law.^ Anhmia Lex, the author M. Antony, a member of the Triumvi- rate ; ordaining, that for the future, no proposal should be ever made for the creation of a dictator ; and that no person should ever ac- cept of that office, upon pain of incurring a capital penalty.** Tilia Lex, the author P. Titius, Tribune of the commons, A. 710, ordaining, that a triumvirate of magistrates, invested with consular power, should be settled for five years, for the regulating the com- monwealth; and that the honour should be conferred on Octavius, Lepidus, and Antony. "^ Valeria Lex, the author P. Valerius Poplicola, sole Consul, A. ^243, ordaining that the public treasure should be laid up in the tem- ple of Saturn, and that two Quaestors should be created to super- vise it.*^ Junia Sacrata Lex, the author L. Junius Brutus, the first Tribune of the commons, A. 260, ordaining that the persons of the Tribunes should be sacred ; that an appeal might be made to them from the determinations of the Consuls ; and that none of the senators should be capable of that office. ^ Atinia Lex, the author Atinius, Tribune of the commons, ordain ^ Cic. Philip. 2. '^ Appian. de Bell. ^''^ lib. 3. * P ;it. in Coriol. ' ^'lor. Epit. Liv. lib. 120 ^ b Cic. in Pison. pro Milon. pro Sex- ^ Liv. lil..2 Plat, in Popliro,. \\o,kr J>io lib. 'lO Di^nys. lib. '^. 170 OF Tift CIVIL GOVERNMLN'l or THE ROMANS. 171 in"-, Unit any Tribune of the coinni ns shoulii have the privilege of a senator ; aiul, as such, take his place in Vw liouse." Cornelia Lex, the anther L. Cornelius Svlla, Dictator, A. 673, takinn; away from the Tribunes the power of inaklii- laws, ami ol interposing, of holding assemblies and receiving appeals, and mak- ing- all that had borne that ollice incapable of any other dignity in the commonwealth.' Aurelia Lev, the author C. Aurelius Cotta, Consul with L. Octa- vius, A. ()78, an abroi;ation of son»e pait of the former law, allowing the Tribunes to hold their other ottices afterwards.* Pompiia Lex, the author Pompey the Great, Consul with M. Crassus, A. G8.>, restoring their lull power and authority to the Tribunes, which had been taken from them by the Cornelian law.*^ CHAPTER XX\ 11. LAWS RKLATlNi^ lO PUliLU: ( ONSTlTrTIONS, LAWS, ANH' PRIVILEGES. UOirrENSLi /.r.r, the author Q. Hortensins, Dictator, A. 467, ordaining, that whatever was enacted by the commons should be ob- served bv the whole Roman people; whereas the nobility had been formerly exempted from paying obedience to the decrees of the po[>ulacy.' Citcilia Didia /.e.r, the authors Q. Csecilius Metellus and T. Di- dius. Consuls, A. 6jj, for the regulating the proceedings in enact- ing laws; ordaining, that in one question (itaa rogationc) but one single matter should be proposed to the people, lest, while tliey gave their suiVra'-^e in one word, they should be forced to assent to a whole bill, if they liked the greatest part of it, though they disliked the rest ; or tJirow out a bill for several clauses wiiich they did not ap- prove of. though perhaps they would have been willing to pass some part of it. Recpiiring also, that, before any law was preferred at the 1^ A. (iell lib. 14. chap. ult. '• Pint, in Pomp. Ascon. vcr. 1. et ? ' Cic. (le Lci;. hb. .i Carsar. Comm. Civ^ur de I5cll. Civ. lib. 1. de Hell. i;all. lib. Fior. Pint. &c. ' Flor. Kpit. Liv. lib. 11. ) I attrciil. hb. 2. Ascon. in Cornel, in ver. 1. Comitia, it should be exposed to the public view three market-days (trihui nwifli/iisj before-hand." P. Manutius makes the Cxcilian and Didian two distinct laws; the first part composing the former, and the other the latter. Jftnia lAriniu Lex, the authors I). Junius Silanus, and L. Licinius Murxna, Cousuls, A. 691 , ordaining that such as did not observe the former law% relating to the publishing the draughts of new bills for three niindin(£ should incur a greater penalty than the said law en- joined. lAcinia .TJjuliu Lex, the authors Licinius and .Ebutius, Tribunes of the commons; ordaining, that when any law was preferred relat- ing to any charge or power, not only the person who brought in the bill, but likewise his colleagues in any office which he already en- joyed, and all his relations, should be inca4)able of being invested with the said charge or power." Cornelia Lex, the author C. Cornelius, Tribune of the commons, A. 686, ordaining that no person should, by the votes of the senate, be exempted from any law, (as used to be allowed upon extraordi- nary occasions) unless two hundred senators were present in the house; and that no person, thus excused by the senate, should hin- der the bill of his exemption from being carried afterwards to the commons for their approbation. p Jmpia Labicna Lex, the authors T. Ampius and T. Labienus, Tribunes of the commons, A. 693, conferring an honourable privi- lege on Pompey the Great, that at the Circensian games he should wear a golden crown, and be habited in the triumphal robes; and that at the stage plays he should have the liberty of wearing the Praetexta, and a golden crown. '» ^ \ (;(•!:. I. i>. 15 - .. .27 Ci^ Philip ° Ci in Orat 2 contra Rull et in .5. o U ii.o, \iti Epist. 9. li . 1. OiMt. ;.ro Don.o s a "C Pnil!|. 3. al Alt Kpist. 5. lib. P . • 'j.-. >i» Ca n. !. 2 Kpist. U. lib. ^r. 'i Veil. Paierc lib. 2. mmi 172 OF THE CIVIL GOVERNMENT OF THE ROMANS. 173 » CHAPTER XXVIIl. LAWS RELATING TO THE I»HOV INCES. AND THE GOVERNORS Ui THEM. SEMPRONM /.ex, the author C. Sempronius Gracchus, Tri- bune of the commons, A. 630, ordaining, that before the annual Comitia for choosin*; Consuls, the senate should, at their pleasure, determine the particular consular provinces which the new Consuls, when desi«i;ned, should divide by lot. As also, that whereas here- tofore the Tribunes had been allowed the privilege of interposing against a decree of Senate, they should be deprived of that liberty for the future" Corn f /ill Lex, the author L. Cornelius Sylla, Dictator, A. 673, or- daining, that whoever was sent with any command into a province, should hold that command until he returned to Rome; whereas heretofore, their office was to continue no longer than a set time ; upon the expiration of which, if no successor was sent in their room, they were put to the trouble and inconvenience of getting a new commission from the Senate. It was a clause in this law, that every governor of a province, when another was sent to succeed him, should have thirty days al- lowed him in order to his removal." Julia Lex prima, the author C. Julius Caesar, Consul with M. Calpurnius Bibulus, A. 691, comprised under several heads; as that Achaia, Thessaly, and all Greece, should be entirely free ; and that the Roman magistrates should sit as judge in those provinces:' That the towns and villages through which the Roman magistrates pass towards the provinces, should be obliged to supply them and their retinue with hay, and other conveniences, on the road:" That the o-overnors, when their office was expired, should leave a scheme of their accounts in two cities of their provinces, and, at their arrival at Rome, should deliver in a copy of the said accounts at the public treasury:^ That the governors of provinces should upon no account accept of a golden coronet, unless a triumph had been decreed them by the Senate :^ That no chief commander should go beyond the ■ Cic.pro Domo sua, in Vatin. de Provinciis Consul SuUust. in Bel). Jugurlh. « Cic Ejiist 9. ;ul Lenlul. el lib. 3. ad Attic. Epist. 6. • Cic. pro Domo, in Pisonem, et de Frovinc. Consul. * Cicero in Pisonem ' Ibid. ^ Ibid. t > bounds of his province, or enter on any other dominions, or lead the armv out, or engage in any war, without the express order ol the Senate or people.* Julia Lex seainda, the author the same Julius Cxsar, in his dic- tatorship, ordaining that no Praetorian province should be held above a year, and no consular province more than two years. Cloilia Lex, the author P. Clodius, Tribune of the commons, A. 695, ordaining, that all Syria, Babylon, and Persia, should be com- mitted to Gabinius the Consul ; and Macedon, Achaia, Thessaly, Greece, and Boeotia, to his colleague Piso, with the proconsular power; and that a sum should be paid them out of the treasury, to defray the charges of their march thither with an army.^ Vatinia Lex, the author P. Vatinius, Tribune of the commons, A. 694. ordaining that the command of all Gallia Cisalpina and Illyri- cum, should be conferred on Caesar for five years together, without a decree of Senate, and without the formality of casting lots; that the particular persons mentioned in the bill should go with him, in the (|uality of Legati, without the deputation of the Senate : That the army to be sent with him to be paid out of the treasury; and that he should transplant a colony into the town of Novocomum in Gallia.'* Cloilia Lex de Cypro, the author P. Clodius, Tribune of the com- mons, A. 695, ordaining, that the island Cyprus should be reduced into a Roman province : That Ptolemy king of Cyprus should be pub- licly exposed to sale, habited in all legal ornaments, and his goods ill like maner sold bv auction : That M. Cato should be sent with the Praetorian power into Cyprus, to take care af the selling the king's effects, and conveying the money to Rome." Trebonia Lex, the author L. Trebonius, Tribune of the commons, A. 698, decreeing the chief command in Gallia to Caesar, five years longer than had been ordered by the Vatinian law ; and so depriving the Senate of the power of recalling him and substituting another general in his room.'^ Titia Lex, barely mentioned by Cicero," and not explained by Manutius or Rosinus. The purport of it seems to have been, that the provincial Quaestors should take their places by lot, in the same manner as the Consuls and Praetors ; as may be gathered from the scope of the passage in which we find it. " Ci'-.inPison el pro Posthum. ^ Cirtro, pro Doino, pro Scxtio, d6 y Cic-ro, Pl»ilip. 3 Provin Consular. ' Cicf ro, pro Uomo, el pro Sfxtio. ' Cicero, lib. «, 9. 10. Kpi?t. ad Attic * Cirtio, •!• Va'inmm, et pro Balbo, Florus, Kp,' Liv. lib. 105. Sueton. in Julio. Sallust. in Jugurth. ^ U\ Oiu\ pro Muracna. ^4 174 OF THE CIVIL GOVERNMLNT OF THE KOMANS. 175 CHAPTER XX 1\. u:(;ks a(;ijaim;i: oh \.\\\> hfi atinc; to the dimsion of lands AMONG TUV: PKOI'Li:. C.QSSIA / c,v, the author Sp. Cassius Viscellinus, Consul with Proculus Virtrinius, A. 267, onliiining, that the land taken from the Hernici should be divided half amon^^ the Latins, and hall among the Roman commons. This law did not hold. lAcinia Lex, the author C. Licinius Stolo, Tribune of the com- mons, A. 2rr, ordaininj^ that no person should possess above five hundred acres of land ; or keep more than an hundred head of «;rea<, or live hui\dred head of small cattle/ / F/arninia leXy the author C. Flaminius, Tribune of the commons, A. 525, ordaining that Picenum, a part of Gallia, whence the So- nones had been expelled, should be divided among the Roman sol- diers.' Scnipronia I. cjr prima, the author T. Sempronius Gracchus, Tri- bune of the commons, A. 020, confirming the Licinian law, and re- quiring all persons who held more land than that law allowetl, imme- diately to resign it into the commons, to be divided among the poorer citizens, constituting three officers to take care of the busi- ness.*' This law being levelled directly against the interest of the richer men of the citv, who had by degrees contrived to engross almost all the land to themselves, after great heats and tumults, at last cost the author his life. Sempronia Lex altera, preferred by the same person, upon the death of kinj:; Attains, who left the Roman state his heir: It ordain- ed, that all readv mone> found in the kin^-'s treasury should be be- stowed on the poorer citizens, to supply them with instruments and other conveniences required for agriculture; and that the king's lands should be farmed at an annual rent by the Censors ; which rent should be divided among the people.' Thnria Lex, the author Sp. Thorius, Tribun- of the commons, or- daining, that no person shall pay any rent to the people of the lands i •^ which he possessed; and regulating the affair of grazing and pas- ture. Tw(» large fragments of this law, which was of a great length, are copied from two old brazen tablets, by Sigonius. Cornelia Lex, the author L. Cornelius Sylla, Dictator, and Con- sul Nv ilh Q. Metellus, A. 673, ordaining, that the lands of proscribed persons should be common. This is chielly to be understood of the lands in Tuscany, about Volaterrac and FesuL., which Sylla divided amongst his soldiers.' Scrvilia Lex, the author P. Servilius Rullus, Tribune of the com- mons, A. 61)0, in the consulship of Cicero and Antony, containing many particulars about selling several houses, fields, t|^*c. that belong- ed to the public, for the purchasing land in other parts of Italy; about creating ten men to be supervisors of tiie business, and abun- dance of other heads, several of which are repeated by Cicero in iiis three orations extant against this law, by wliich he hindered it from passing. Flavia Lex, the author L. Flavius, Tribune of the commons, A. 693, about dividing a sutticient quantity of land among Pompey's soldiers and the commons. ' Julia Lex, the author Julius Caesar, Consul with Bibulus, A. 691, ordaining, that all the land in Campania, which used formerly to be farmed at a set rent of the state, should be divided among the com- mons; as also, that all members of the Senate should swear to con- firm this law, and to defend it against all opposers. Cicero calls this Lex Campania. Mamilia Lex, the author C. Mamilius, Tribune of the commons, in the time of the Jugurthan war; ordaining, that in the bounds of the lands, there should be left five or six feet of ground, which no person should convert to his private use, and that commissioners should be appointed to regulate this aftair. From this law de Li- mitibus, the author took the surname of Limentanus, as he is called by Sallust." • Cic df Oral, lib 2 et in Biuto. ^ De Anliq. Jiir. lial lib 2. ^ Cic. in Kwll'in), j>ro Koscio ; Sal- ttHii. in Catilin. «» Cicero ud Altic. lib. 1. » Velleius Paterc. lib. 2. Pint, in Pomp. Cxs. ft C t. Utioens. ad AltiC. lib. 2 |>i>'. 18. o Ciceru, lib 2. de Leg. 9 In Bell. Jugurth. f « Liv. li K 2. Val'. I-. Max. lib. 5. rliap. 8, i L'v. ),b 6 K i>iun. \ Gcllius. Piin. Patcrcul. Plutarch, 8iC. 8 Cic I • Ca . M joi ^ Cic. pro Strxtio, Plot. &c. * Cic. Verr. 5. Pint. &c. m 17« OF THE CIVIT. GOVFRN'MKN"' OF THE ROMANS. / i vnwviM \\\ l,A\>S UKLAIIN^; ro COUN. SE MP no MA Lrj\ \\w author ('. S^Mnpronius Gracchus (not T. Soiupromus (iiacchus, as R<»sinus has it^ onlainiiii;, that a certain r|uaiititv of corn shouid 1h' (listril)utcil cvory month anioiij;!; the com- mons, so muili to overv nmn ; lor which they were only to pay the smiill consideration ol a semissis and a triens.' Ternitin Ca.s.sia Lex, the authors M. Terentius Varro Lucullus an«l V. ('assius,(\)nsuls, A. G8(), ordaininj^, that the same set price sliould be ^iveii lor all com bought up in the provinces, to hinder the exactions of the Quxstors.' C/oilia Ii.i\ the author P. Clodius, Tribune of the commons, A. 69j,ordainin«;, that tho>e «|uaritities of corn, which were lorn»erly sold to the poor people at six asses and a triens the bushel, should be distributeil amonu; tliem gratis. Iheronica Lex, the author lliero, tyrant of Sicily, rej^ulating the aftair between the farmers and the decumani (or gatherers of tiie corn-lax, which, because it consisted of a tenth part, they called decuniiC) (udaiui.ig tue quantity of corn, the price, and the time oi rejetvm'^ it; wjuch, bu- the ju.-.tice of it, the itomans still continu ed in force, after they had possessed themselves of that island/ CllAPTEU XXXI. LAWS Vi)n THK Ur:(iL'LATU)NS OF EXPENSES. OECHLl Lex, the author C. Orchius, Tribune of the common?, A. 3t3t>, defining the number of guests which were allowed lo be present at any entertainment, " Fannia Lex, the author C. Fannius, Consul, A. 588, ordaining, that upon the higher festivals, no person should expend more than ar <\ Flor.Epit. Liv lib. 60. Yell. Pat. lib- 2, 5tc. r Cic. in Vcrrem, 3 ' Cicero, in Verr. 4. « Cic. pro Sextio, in Pison. 8cc. ' Macrobii Saturn, lib. 2. chap. 14 huntlred assps in a day; or ten other days in every month, thirty assMH ; and at all other times, ten.^ hidia Lex, enacted about eighteen years after the former, ordain- iiij:, that the laws for re^rulatiiig expenses should reach all the Ita- lians, as well as the inhabitants of Rome; and that n<.t only the masters of extravajrant treats, but the guests too, should incur a penalty for their otfence.*' Lex Licinia, the author P. fjcinius Crassus the rich, agreeing in most particulars with the Fannian law ; and farther prescribing, that on the Kalends, Nones, and Xundia^r, thirty asses should be the most that was spent at any table ; and that on ordinary days, which were not paiiicularly excepted, there should be spent only three pounds of dry flesh, and one pound of salt meat; but allowing as much as every body pleased of any fruits of the ground.* Cornelia Lex, the author I^. Cornelius Sylla, enacted, not so much for the retrenching of extravagant treats, as for the lowering the price of provisions.' jj^jniiia Lex, the author M. viLmilius Lepidus, Consul, about A. 675, respecting the several sorts of meats in use at that time, and stating the just quantities allowable of every kind.' A/ifia Lex, the author Antius Restio ; a farther essay toward the suppressing of luxury, the particulars of which we are not acquainted with. But Macrobius gives us this remarkable story of the author, that, finding his constitution to be of very little force, by reason of the great head that prodigality and extravagance had gained in the city, he never afterwards supped abroad as long as he lived, for fear he should be forced to be a witness of the contempt of his own in- junctions, without being in a condition to punish it.* Ji///aLcj',preferredinthe time of Augustus, allowing two hundred sestertii for the provisions on the diea profesli, three hundred on the common festivals in the kalendar, and a thousand at marriage -feasts, and such extraordinary entertainments." A. Gellius farther adds, that he finds in an old author an edict, either of Augustus or Tiberius, (he is uncertain which,) raising the allowance according to the difference of the festivals, from three huni • Plui xnV (;riccl. ^ Val, . . M..X. nb. 2. chap. 8. h Vell.rattrc.iib.2. Flor. Epil. 77. HuurcU. in Sylia et Muno, &c. CHAPTER XXXIll. DE TUTELIS, OR LAWS CONCERNING WARDSHIPS. JiTITJA Lex, the author and time unknown, prescribing, that the Prxtor, and the major part of the Tribunes, should appoint «-uardians to all such minors to whom none had been otherwise as- signed.'' The emperor Claudius seems to have abrogated this law, when, as Suetonius informs us, he ordered, that the assignment of guar- dians should be in the power of the Consuls.' LATtorla Lex, ordaining, that such persons as were distracted, or prodigally squandered away their estates, should be committed to the care of some proper persons, for the security of themselves and their possessions ; and that whoever was convicted of defrauding any ill those circumstances, should be deemed guilty of a high misde- meanour.™ ' Asconiiis in Cornelian. Veil Paterc. lib. 2. Plutarch in Pomp. Lege M milirH, ct post reclitum in Senat. .' Cicero de Lege Manilia. Piutarch in Pomp. Flor. Epitom. 100, k Liv. III). 39 ' Sueton. in Claud, rhap. '23. ^ Cicero (\f^ Oflic. lib 3 ; de Nat, Deer, lib. 3. Cicero de lao uJt 'LUL CIVIL OOVLRNiMLM 4 OF THE ROMANS. 181 CHAPTER \XXIV. LAWS CONCERNING WILLS, HEIRS, AND LEGACIES. FUHlJl LtXy the author C. Furius, Tribune of the commons, or- daining, that no person should give, by way of legacy, above a thous- and asses, unless to the relations of the master, who manumized him, and to some other parties there excepted." Voconia I ex, the author Q. Voconius Saxa, Tribune of the com- mons, A. 584, ordaining, that no woman should be left heiress to an estate ; that no Cemus should, by his will, give above a fourth part of what he was worth to a woman. This seems to have been enacted, to prevent the decay and extinction of noble families.- Hy the word Census is meant any rich person, who was rated hii^h in the Censor's Books. ClIAPTKR XXXV. LAWS CONCERNING MONEY, USURY, ScC. SEMPROyi-^ l^ei\ tHe author M. Sempronius, Tribune of the commons, A. oGO, ordaining, that, in lending money to the allies of Rome and the Latines, the tenor of the Roman laws should be still observed, as well as among the citizens.'' Valeria Lex, the author Valerius Flaccus, consul with L. Corne- lius Cinna, ordaining (to oblige the poorer part of the city) that all creditors should discharge their debtors upon the receipt of a fourth part of the whole sum. This law, as most unreasonable, is censur- ed by Paterculus. ' Gahinia Lex, the author Aulus Gabinius, Tribune of the com- mons, A. 685, onlaining tliat no action should be granted for the re- roverv of any money taken up, versura facta , i, e, first borrowed for a » Cicero, pro T.albo. P Liv. lib. 35. C-cero, de Offic. C '^ Cicero, in Ycrr. 3. de Senect. dc Finib. ^ Lib. 2. chap. 23. small use, and then lent out again upon a greater ; which practice was highly unreasonable. Claudia Lex, the author Claudius Cxsar; commanding, that no usurer should lend money to any person in his non-age, to be paid after the death of his parents.* Vespasian added a great strength to this law, when he ordained, that those usurers who lent money to any Jiiius familife, or son un- der his father's tuition, should have no right ever to clai^ it again, not even after the death of his parents.^ CHAPTER XXXVI. LAWS CONCERNING THE JUDGES. SEMPRONLi Lex, the author C. Sempronius Gracchus, Tri- bune of the commons, A. 630, ordaining, that the right of judging, which had been assigned to the Senatorian order by Romulus, should be transferred from them to the equites,'' ServUia Lex, the author Q. Servilius Coepio, Consul with C. Ati- lius Serranus, A. 647, abrogating in part the former law, and com- manding that the privilege there mentioned should be divided be- tween both orders of knights and senators.^ Plutarch and Florus make C. Sempronius Gracchus to have ap- pointed 300 senators, and 600 equitcs, for the management of judg- ments ; but this seems rather to belong to the Servilian law, if not totally a mistake.* This law was soon after repealed. Livia Lex, the author M. Livius Drusus, Tribune of the com- mons, A. 662, ordaining that the judiciary power should be seated in the hands of an equal number of senators and knights.^ But this among other constitutions of that author, was abrogated :he very same year, under pretence of being made inauspiciously. PlaiUia Lex, the author M. Plautius Silvanus, Tribune of the com- mons, A. 664, ordaining that every tribe should chuse out of their I C'Crro ad Altlc. lib, 5. Epist. ult lib 6. Kpist 2. 5 Tacit Aniial 11. * Su to . in Vesp chap 11. ' As< onius in Divin Tacit Ann. 12 VII F terr I l» ? '' Cicero (le Art. Kliet. lib. 2 de Oratore, in Bruto; ia Orat. pro .Scauro. ■''Cicero de Orator 3 Flor. Kpii. 7i. ' Ascouius in Cornelian. 182 OF THi:: CIVIL GOVERNMlrNT OF THE ROMANS. 183 own body nrtecn pers«ms to serve as judges every year; by this means making the honour common to all the three orders, accordi.ig as the votes carried it in every tribe.y ^ Cornelia Lex, the author L. Cornelius Sylla, Dictator, A. 67o, takin- away the right of judging entirely from the knights, and re- storing it Tully to tiie senators.' ^lurclia Lex. the author L. Aurelius Cotta, Prsetor, A. 6o3. or- dainin-, that the Senatorian and Eciuestrian orders, together with the Tribuni .Erarii, should share the judicial power between them ." Pompclu Lex, the author Pompey the Great, Consul with Cras- sus. A. 098, ordaining, that the judges should be chosen otherwise than foruuMlv, out ol the richest m every century; yet not with- standing, should be confined to the persons mentioned in the Aure- iian law. . , ., Julia l.ex, the author Julius Cxsar, confirm.ng the ^l--;";';-'"*, crivilc'e to the senators and kniglits, but exclud.ug the 7 nbum ^iwnuus sets this law before that of Pompey ; but it is very plain that it was made posterior to it. , . , r r r^ Antonia Lex, the author M. Antony, Consul with Julius Caesar A. 709, ordaiiung, that a third Decury of Judges should be added to the two former, to be chosen out of the centurions.-* CHAPTKIl XXXVIl. LAWS RELATING TO JUDGMENTS. rOMPEL^ Lex, the author Pompey the Great, sole Consul, A. 701, forbidding the use of the laudatores in trials.^ Mcmmia Lex, ordaining, that no person's name should be re- ceived into the roll of criminals, who was absent upon the public account.^ y Cicero, pro Cornel, ct ad Att. A. ^ Flor Kpitom. 69. Ascon. in Divinat. » Cicple ; which before was only allowed in the crime which they called perdueUio, one part of the crimvn mujistatis, of the most heinous nature, w hich the lawyers define, IlostUi animo adversits rtmpublicam esse. This law was re- pealed by Augustus.™ De Jldulterio ct Pudici/ia. Julia Lex, tlie author Augustus Caesar, as Suentonius informs us. Juvenal mentions this law in his second Satire, and seems to intimate, that it was afterwards confirmed and put in full force, by the emperor Domitian ; the rigour of it is there very handsomely expressed : 'Tjeges rcvnciibat attinfas. Onuubus, atqut^ipsis I'eneri Mitrtiqite timendas'^ Srafinia Lex, the author C. Scatinius Aricinus, Tribune of the commons ; though some think it was called Lex Scantinia, from one Scantinius, Tribune of the commons ; against whom it was put in execution. It was particularly levelled against the keepers of cata- mites, and against such as prostituted themselves for this vile ser- vice.*' The penality enjoined by the. author, was only pecuniary .; but Augustus Cxsar made it afterwards capital. '' De sicariis et veneficis. Cornelia Lex, the author Cornelius Sylla, Dictator. It was di rected a^'-ainst such as killed another person with weapons or poison, ^ Cinero, in Pi-on pro Ciucnt. S;c. ' Cicero, Philip. 1. «^ P. MuiMit. lib. lie Legibus. n In Aug. chap. 3i, « Juv. Sut. 2. V. 30. p Uuimil lib. 4. chap. 2. lib. 7. chap 4. Cictro, Philip. 3. Juv. ^c. * De Parricidis. The old law which prescribed the old sort of punishment proper to tiiis crime, was restored and confirmed by Pompey the Great, with the title of J^ex Pompeia.^ Cornelia Lex Falsi. Sylla the Dictator, as he appointed a proper Praetor to make in- quisition into what they called Crimen falsi, so he enacted this law as the rule and standard in such judgment.' It takes in all for«*-ers concealers, interliners, <^c. of wills; counterfeits of writs and edicts ; false accusers, and corrupters of the jury ; to<»-ether with those that any ways debased the public coin, by shaving or filin"- the gold, or adulterating the silver, or publishing any new pieces of tin, lead, ^'c. ; and making those incur the same penalty (which was aqtins et ignis interdictio) w^ho voluntarily connived at the often''ers in these particulars. Leges de Vi, Plautia, or Plotia Lex, the author P. Plautius, Tribune of the commons, A. 6r5, against those that attempted any force against the state or senate ; or used any violence to tlie magistrates, or ap- peared armed in public upon any ill design, or forcibly expelled, any person from his lawful possession. The punishment assigned to the convicted w^as aquae et ignis interdictio.'^ Clodia Lex, the author P. Clodius, Tribune of the commons, A. G95, ordaining, that all those should be brought to theii- trial who had executed any citizen of Rome without the judgment of the pen pie, and the formality of a trial. ^ The author, being a mortal enemy of Cicero's, levelled this law particularly against him ; who in the time of the Catilinarian con- spiracy, for the greater expedition and security, having taken several of ehe chief parties concerned, first imprisoned and afterwards exe- cuted them, only upon a decree of the senate. Clodius having Cic. pro CUient. s j,,st Jnst. lib. 4 et alii, c C.c (le N..t. Deor. lib. 3. Suet, in .\ug. chap. 3J » Siu-K.ii. Ill Juhscliap 3. Uiy lib 39 Cic. pro Sc^xtio, pro Milone " Veil. Patcrc. lib. 2. Cic. ad Attic, lib. 3. Die. lib. 38. ki 186 OF THE CIVIL GOVERNMENT hiMilv ingratiated himself with the people, by several popular laws, ea'sily got this act to pass ; and so obliged Cicero to go into exile. Pompeia /.ex, the author Poinpey tlie Great, in his third consul- ship, A. 701. It was directed especially against the authors of the late riot, upon the account of Clodius and Milo ; in which one of Iht' Curix had been set on fire, and the palace of Lepidus the Inter- rex assaulted by force. This law introduced a much shorter form of jad;:;ment than had been formerly used, ordaining, tliat the first three days in every trial should be spent in hearing and examining Avilnesses, and then allowing only one day for the two parties to make their formal accusation ami defence : the first being confined to two hours, and the other to three. Hence, the author of the dia- lo;f;ue concerning famous orators, attributed to Quintilian or Taci- tus, observes, that Pompey was tlie first who deprived eloquence of its old libertv, and confined it to bounds and limits.'' Leges dc Jlmbitu, Fdhin Lex, proscribing the number of sectutoreH, allowed to any candidate.'' Thi:^ did not pass. ,^cUia Calpimiia I^e.x, the authors M. Acilius Glabrio and C. Cal- purnius Piso, Consuls, A. 68G, ordaining, that, besides the fine im- posed, no person convicted of this crime should bear an oftice, or come into the senate. > 7"f/l!ia Lex, the author M. TuUius Cicero, Consul with C. Anto- iiiu^, A. 690, ordaining, that no person, for two years before he suetl for an olficc, should exhibit a show of gladiators to the people, unless tlie care of such a solemnity had been left to him by will ; that Senators, convicted of the crimen ambitus, should suiler aquie et ia;ni8 interdktio for ten years : and that the commons should in- cur a severer penalty than had been denounced by the Calpurniaii law.'- Aufidia Lex, the author Aufidius Lurco, Tribune of the commons, A. 69^2, more severe than that of Tully ; having this remarkable clause, that if any candidate promised money to the Tribunes, and did not pay it, he should be excused; but, in case he actually gave it, should be obliged to pay to eveiy Tribe a yearly fine of 3000 sestertii.' Lex Licima de Sodalitiis, the author M. Licinius Crassus, Con- sul with Cn. Pompey, A. 691, appointed a greater penalty than for- merly to ottenders of this kind." By sodalilia, they undersood an w Ascon if! Mjlon. C ic. de funb. 4 Cxs. tie ndl. Civ. lib. 3, Stc. " Ci«:. pro MiMa;ni4. > Cic. prt) Muraciia pro Cornel, ^c. - ('ic. in Varih.pro Scxtio, pro Mmscna. <^io. 1 37. » Cic. ad AUic lib. 1. ep. U. ** Cic. pro Plane OF THE ROMANS. 187 unlawful making of parties at elections ; w hich was interpreted as a sort of violence ottered to the freedom of the people. It is strange, that this sense of the word should have escaped Cooper and Lit- tleton. Asconius seems to imply, that the i^odolitia and ambitus, were two different crimes, when he tells us that Milo was arraigned on those two accounts, at two several times, and not before the same Quaestor. Pompeia Lex, the author Pompey the Great, sole Consul, A. 701. By this it was enacted, that whoever, having been convicted of a crime of this nature, should afterwards im^.-each two others of the same crime, so that one of them was condemned, should himself, upon that score, be pardoned. The short form of judgment, men- tioned in Pompeia Lex de vl, was ordered too by this law.** Julius Ccjcsar quite ruined the freedom and fair proceedings in elections, when he divided the right of chusing magistrates between himself and the people, or rather disposed of all ottices at his plea- sure. Hence Lucan: Nam quo melius Pharsalicus annus Consule uoils era ? Jingi noletmia campus, Et lion udmissiL ihrimit .-.uJJ'rugta plcbis : Decantat jue trilms, et vana versatin unia. Nee culutn servare licet; tonut Jlugure surdo : Et luLtie Juiantur aves, bubone sinistra.* From uluit brave Consul couhl the >ear receive A sui t r mark, than death and wars shall leave f Assemblies arc a ji si ; and, when they meet, I'lieg.iping crowd is bubbled with a cheat. The lots are shook, and sorted tribes advance ; lUit Carsar, not blind fortune, rules the cliance. Nor impious Home heaven's sacred signs obeys, Whde Jove still thunders, as the Augurs please : And when left owls some dire disaster bode, The staring miscreants, at their master's nod. Look to the right, and swear the omen's good. But Aut>-ustus restored the old privilege to the Comitia, and re- strained the unlawful courses used in the convassing at elections by several penalties ;' and published, for this purpose, the Lex Julia de Jlmbitu, mentioned in the Pandects. Leges de Pecuniis repetiindis. Calpuniia Lex, the author L. Calpurnius Piso Frugi, A. 605, or- dainin"- a certain Praetor for the inquisition of this crime, and lay- ing a great penalty on offenders." ' In Argument. Milonian. •^ Idem. " c»ueton, in Julio, cbap. 41i ' i;ib.5. V. 391. R Sueton. in August, chap. 40. ^ Cicero in Bruto, de Offic. lib. 2. Orat. 3, in Verrem. 188 OF THE CIVIL GOVERNMENT OF THE ROMANS. 189 CtciJia Lexy mentionccJ by Valerius Maximus/ Sigonius believes this law to be the very same with the former, ami that either the two Tribunes, Caecilius and Calpuriiius, joined in the making of it ; and so it came to be called either Calpumiay or Cacilia, at pleasure ; or that in this place we ought to read Calpurnia, instead of Caecilia, Junia Lex, the author probably M. Junius Pennus, Tribune of the ( ommons, A. 627, ordaining, that, besides the litiH xstimatio, or rat- ing of the damages, the person convicted of this crime should suft'er banishment.' Senjilia LeXy the author C. Servilius Glaucia, Prxtor, A. 653, several frajrments of which are collected from authors, and trans- cribed from brazen tablets by Sigonius. '^ Jlcilia Lex, the author M. Acilius Glabrio; in which was this re- i«arkable clause ; That the convicted person should be allowed nei- ther ampUatiOy nor comperendinatio ; neither a new hearing at a set time prefixed by the Praetor, nor an adjournment of the trial, till the third day after the first appearing of the parties in the court.' Cornelia Lex, the author L. Cornelius Sylla, Dictator; ordaining, that, besides the litis sestimatio, the person convicted of this crime should be interdicted the use of fire and water. Julia Lex, the author L. Julius Caesar; this kept its authority through the whole series of the emperors, and is still celebrated in the Pandects: A great part of it was levelled against the misde- meanours of provincial governors ; many of which, according to this law, are alleged against Piso, who had been Proconsul in Mace- donia, by Cicero, in his 37th oration. ' Lib. 6. chap. 9 sect. 10. y Cic. in Verreni, et pro Bulbo. Veil. Paterc. lib. 2. ^ Cic. pn- P' stimm \)Vo Ku bi), in V< rn-m. Sigon. de judiciis, lib. 2.0. 27. ' Cic. in V riem, \scon. in eastlem "» Cic. pro Cluentio; in Verrem. Ascon. P^sdian, in Verrinas. I CHAPTER XXXIX. MISCELLANY LAWS NOT SPOKEN OF UNDER THE GENERAL HEADb^. CLODM Lex, de Collegiis, the author P. Clodius, Tiibune of the commons, A. 695, ordaining, that the collegia, or companies of arti- ficers instituted by Numa, which had in a great measure been laid down, should be all revived, and observed as formerly, with the ad- dition of several new companies." Csecilia Lex de Jure Italia, et trihutis toUeiidis ; the autlior Q. Caecilius Metellus Nepos, Praetor, A. 693, ordaining, that the tax called Portoria should be taken oft* from all the Italian states. Portoria, according to Sigonius's explication, was a sort of toll paid always at the carrying of any exportable goods to the haven ; whence the collectors of it were called portitores. Lex Julia de maritandis ordinibus. The Romans, consulting the grandeurof their republic, had always a particular honour for a married state ; and nothing was more usual than for the Censors to impose a fine upon old batchelors. Dionysius llalicarnasseus'' mentions an old constitution, by which all persons of full aire w ere obliged to marrv ; but the first law of which we have any certainty was this of Augustus Caesar, pieferred A. 736. It did not pass before it had received several amendments, being at first rejected for its extreme severity. This is the subject of Pro pertius's seventh elegy of the third book : Gavisa est certe suhlutam Cynthia legem, tjfc. My Cynthia laughed to see ihe bill tl»iown out, Stc. Horace calls it Lex AJatita,'^ A. 672, this law, being improved and enlarged, was preferred in a new bill by Papius and Poppaeus, the consuls at that time; whence ,t is sometimes called Papia Poppaea Lex, and generally Julia Papna, A great part of the general heads are collected by Lipsius, in nis comment on Tacitus ;' among which, the m )St remarkable are those which contain the sanctions of rewards and punishments. » Cir proSextio; in Pison. pro ' Dio lib. 37. CIr. in Epist. ad Altic. Ddnio. A 'can. in Cornel. P Lit). 9 *5 h' Carmine Sxi u-ari, ' Excurs. ad Tacit. Ann. lib. 2. l.ircr. C. Vid. Suet in Octavio, chap. 34. 26 lyo OI THE I'lVIL GOVERNMENT OF THE ROMANii. 191 As to the first of tlicse, it was hereby ordained, that all the magife tmtes should take precedence according to their numberot' children, or a married n»an before a batchclor ; that in elections, those candi- dates should be j)referred w ho had the most numerous oil'spring ; and that any person nr!i;hJ stand s(»oner than ordinary tor an v office, iT he had as n»anv children as he wanted years to be capable of bearing such a di<5nity ; that whoever in the city had three children, in the otiier parts of Italy four, and in the provinces five, (or, as some say, seven,) should be e\cused from all troublesome offices in the place where he lived. Hence came the famous jus trium liheroriiin, so freciuentlv to be met with in Plinv, Martial, Scu. bv which the em peror often obli«;ed such persons with this privilege, to whom na- tuie had denied it. Of the penalties incurred by such as in spite of this law lived a sinjrle life, the chiel was, that unman ied persons should be incapable of receiving any le;:;acy or irdieiitanceby will, unless from their near relations ; and such as were married, and vet had no children, above half ail estate. Hence, Plutarch has a severe reflection on the covetous humour of t!)e ai^e : ** that several of the Romans did not marry for the sake (d' heirs to their own fortunes; but that they themselves might, upon this account, be capable of inheriting tho estates of other men. And Juvenal alludes to the same custom : Jum putcr fs . (ifditnus (jU;(l fi nur oppuncre possts ^ Jura p.rcntiti hubct : proplfv me siritttris li.ires ; JLegatum omnc cupis ncc non et dulce cuilucuin " "Sow by m} loi, hoii ^i4iu\> a t;«rih< r's famt ; Nk moiT sti.iil {)()iiiiiiig rowds atirstthy stiame, Ni)r lioolino^ boys lh\ impo t-iice procluim, Tliine is t if prhiW gi- «)»ir l.tws aHord To him t at s'aiKls a fi.ther on record ; Im misiTs' Wills yoti sian I iiiK|ui'stioned now, And rctp the harvest which }Oii coulil not sow. Claudia Lex dc scriharum neccotiatione. This law is barely mentioned by Suetonius p and seems a part of the Lex Claudia or Clodia, abinit the trading of the senators, already explactcd. It appears, therefore, that not only senators, but the scribes too, or at least those scribes who assisted the Quxstors, were forbid to make use of a vessel of above three hundred amphora. We may reasonably suppose, that this prohibition was not laid upon them, in respect of their order and degree, which were not by any mean? eminent ; but rather, upon account of their particular place or uifice ; because it looked very improper, that persons who were con- cerned in the public accounts, should at the same time, bv dealing in traffic and merchandize, endeavour rather the filling their own coffers, than improving the revenues of the state. > Mimilia Lex; this law, as well as the former, depends upon a single authority, being just named by Sallust, and not explained by Manutius or Rosinus. It seems to have been to this purpose; that since affairs had been very often ill managed bv the nobility those persons whose ancestors had held no ma-istracy in the state' such as they called homines mwi, should, for th^e future, be allowed the privilege of holding public ofhces.J Mnia Lex de Furtii, ordaining, that no prescription should se- cure the possession of stolen goods ; but that the proper owner should have an eternal right to th^m.' ^ \ I n nt in not ad locuu) ' In Well. Jujfurihin, >' \ M ( iiiK) III no- .(I lori.m. » W;ir. Vhit .^, A Gell. chap. • prp» tp t 1 . . « Sat. 9. V 86. " In Dumit. chap. P. OF thj: ROM am art of war, 193 V MM ll.—liUOk l\ Ml rm i«»M \N AH r oi w w ni \vv\M I. 1 in- i.i.virs <)i 1111 uuM\N I (»(>!. V V \\u' '^nm^ i'wxu^ oi tlu^ \r;u ili;»i i!m« Consuls \v (»rihe i:tiuitis, wlio lia\ho iwul reached the military a^ije (about Si venteen years) tn appear (con\n»only) in the eapitol, oi- hi the aro;i helrMe the i apitol, us ihe most saered and aiii;ust plaee, on such w ^^ia,. I r.. .1.' !ii«;ns"t'on\.' tovither, and the ConsuU, who presid . ' • .1 .,U^\\ their seat, in the first place, the t,.u and tueaiN i uauuc> wore dep(»setl of, ac cordir.g to the number of le^ioris thev desi make up, which was j^enerally four. The ju'.hM- Tribunes were assij:rMed, four to tlie first legion, three to the seccnd, fur lo ihe third, and three tothe last. The senior Tribunes, tw J to the lii:i leijion and ihe third; three to the second and la^t. At'ier tlr *-"« • ^' :?> . '>eing called out by lot, was ordered to divide ml » then proper wcuuuies ; out of eaclicentury were soldiers cited h\ name, w ith respect had to tlieir estate and class ; for which pur- pt)se there were tables ready at hand, in which the name, age, and wealth of every person was exactly described. Four men, as much alike in all circumstances as could be pitched upon, being presented out of the centurv, firsl the Tribunes of the first legion chose one, then the Tribunes of the second another, the Tribunes of the third legion a third man, and the remaining person fell to the Tribunes of the fourth. Then four more weie v the Tribunes, for that oi' choosing them by lot. And Appiaiiu-, Alexandrinus' acquaints us. that in the .Spanish war managed by Lucullus, upon complaint to the senate of several unju-t practices in the levies, the father;, tliou^ht fit to choose all the soldiers by lot. Vet the same author assures us, tliat within five years time the old custom rerumefl. of niakin**- the levies in the nianner already described. However upon anv extraordinarv occasuii ui i!iiMeai;iLe service, they omitted the common foinialities, and without much distinction listed such as they met with, and led them out on nv dition. These they termed Miiites subitanl. ' Cic. de Divinat. lib. 1. '^ Siieton. Aug^tist chap. -24. V.-xl Max 16.'- J ^ L.. In Ibe 194 Ok THE ROMA^ ART OF WAR* 195 CHAPTER H. TflE LEVY AMJ KE\ \K\\ OF IIIK CAVALRY. ROMULUS, having established the senate, chose three hundred of the stoutest young men out of the most noble families to serve i>n horseback : lUit, after the institution of the Census by Servius Tullius, all those persons had the honour of being adniitted into the order of the IJat/ifes, who were worth four hundred sestertia ; vet no nian was thus enrolled by the Kings or ('onsuls, or afterwards by the Censors, unless, besides the estate required, no exception could be taken against his person or morals. If these were uncjues- tionable, his name was entered among the knights, and a horse and ring given him at the pul)lic charge; he being obliged to appriii foi the future on horseback, as often as the state should have occasion for his service. So that there being always a sufticient number of Equitcs in the city, there needed only a review in order to fit them for service. Learned men have very little agreement in this point ; yet we ma\ venture to take notice of three several sorts of reviews, prohatio, transvectwy and what tliey teiined proj)erly reccnsio ; though they are usually confounded, and seldom understood. T\\(^ prohafin we may conceive to have been a diligent search into the lives and manners of the Equites, and a strict observation of their plights of body, arms, horses, c^c. This is supposed to have been commonlv made once a vear. Ti'unsvpctin Lipsius makes the same as probatioy but he is certain iy mistaken ; since all the hints we meet with concerning it in the authors, argue it to have been rather a pompous ceremony and prO' cession, than an examination. The most learned Graevius observes it to have been always made in the Forum.' Uionysius describ«*s it in the following manner: "The sacrifices being finished, all thu^e who are allowed horses at the expense of the state, ride along in or- der, as if returning from battle, being habited in the togyt; paliiuitx, or the trabeti*, and crowned with wreaths of olive. The processmn begins at the temple of Mars, without the walls, and is carried on through all the eminent parts of the city, particularly the Forum, and the teoiple of Castor and Pollux. The number sometimes rciu h- cs to five thousand; efery man bearii:gthe gifts and ornaments re* * I'rxtttt. ati L VoL I'uesaur. Am. Rom, .eived as a reward of his valour from the general; u mo=t glorious sight, and wortiiy of the Roman grandeur." ^ This solemnity «as instituted to the honour of Castor and Pollux «h«, in the hattle with the Latins, about the year of the city ■2.57 appeared m the field personally assisting the Romans ; and, presently alter .he hght, were seen at Rome (just by the fountain where theiV te.uple « as afterwards built) upon horses all foaming with >vhile fro- thy sweat, as If they had rode post to bring tidings of the victory.^ The proper recmsio was tlie account taken by the Censors every lustrum, when all the people, as well as the EquUc. were to appear at the general survey : so that it was only a more solemn and accu- rate sort of probation, with the addition of enrolling new nan.es. cancelling old ones, and other circumstances of that nature. Besides all this, it was an usual custom for the Kquites, when they had served out their legal time in the wars, to lead their horse solemnly into the Forum, to the seat of the two Censors, and there having given an account of the commanders under whom they had served, as also the time, places, and actions relating to their service they were discharged, every man with honour or disgrace according as he deserved. For this account we are indebted to Plutarch, « l,o Sives a particular relation how this ceremony was performed vMth universal applause by Pompey the Great. It might be brought as a very good argument of the obscurity and contusion ol these matters, that, of two very learned men, one n.akes this ey«, rcdduio the same as the probatio,^ the other the same a. the transvtciioJ Non nostrum tantas componere lites. The emperors often took review of the cavalry; and Augustus particularly restored the old custom of the tramvectio, which had before been discontinued for some time. It is hard to conceive that all the Roman horse in the army should consist oi knights; and for that reason Sigonius. and many othei- learned men, make a distinction in the cavalry, between those who >erved «y«<, ;;,,Wa„, and those that served eqtw privato ; the former ;hey allow to have been of the order of knights, the latter not. But ^ra^v.us and his noble countryman Schelius have proved this opinion to be a groundless conjecture. They demonstrate from the course " history, that, trom the beginning of the Roman state till the time "1 -Manus. uo other horse entered the legions but the true and pro- « Dionvs. H.ide the custom of allowing the kninjhts a hor>e, and lease tiiem oidy their ^old rin;j; to distins^uish their order, as IMiiiy^ senior at^irms to liave been done in hi-* time. their rendezvous. The states accordini^ly convened their men, and choosinji; out their desired number, j2;ave them an oath, and assigned iIm'Ui a counnander in chief, and a paymaster-general. We may ob- serve, that in the time of Polybius, all Italy was indeed subject to tlie Romans ; yet no state or people in it had been reduced into the form of a province ; as they in general retained their old governors jud laws, and were termed socii or confederates. Hut after all, the Italians were not only divided into separate pro- vinces, but afterwards honoured w ith the Jus civitatis ; the name of wcii ceased, all the natives of Italy being accounted Romans ; and therefore, instead of the social troops, the aujilia were afterwards procured, which are carefully to be distinguished from the former. They were sent by foreign states and princes, at the desire of the Roman senate or generals, and were allowed a ^et pay from the re- public; whereas the tiocii received no consideration for their service, Mut a distribution of corn. CH APTKR 111. [WV. Mll.rrAUV OATH, AND TIIK LKVIES OK THK COXF>.DKRATL.S. THK levies beinu; finished, the Tribunes of every legion (hose out one whom they thought the fittest person, and gave him a solemn oath at large, the substance of which was, that he should oblige him self to obey the commanders in all things to the utmost of his power, be ready to attend whenever they ordered his appearance, and never to leave the army but by tlieir consent. After he had ended, the whole legion, passing one by one, every man, in short, swore to the same effect, crying as he w ent by. Idem in me. Tiiis and some other oaths were so essential to the military state^ that Juvenal uses the word aacrahirnta for milites or mUitiiey t^at. xvi. 35. Prxmia nunc alia, atquc alia emolumenta notemus Scicramtntorum As to the raising the confederate troops, Polybius informs us, that dl the sa'oe time as the levies were made in Rome, the Consuls gave notice to the cities of the allies in Italy, intimating the number ot forces they should have occasion to borrow of them, together with ijie time and place when and where they would have tlicm make >* Lib. 33. chap. 1. vUl. Grn:v. Fr.-cf ad vol. 1 . Th. Pvom. CHAPTER IV. OI THE EVOCATI. THE most eminent degree of soldiers were the evorati, taken as well out of allies as citizens, out of horse as foot, not by force, but At the rec[uest and entreaty of the Consuls or other ollicers ; for winch purpose letters were commonly dispatched to every particu- lar man whom they designed thus to invite into their service, 'liiese tvere old and experienced soldiers, and generally such as had serv- ed out their legal time, or had received particular marks of favour as a reward of their valour, on which accounts they were styled fnuriti, and buu/idarii. Scarce any war was undertaken, but a jlieat number of those were invited into the army ; therefore they tiad the honour to be reckoned almost equal with the centurions. In the field they usually guarded the chief standard, being excused bom all the military drudgery, of standing on the watch, labouring m the works, and other servile employments. The emperor Galba gave the same name of evocali to a select band of young gentlemen of the exquestrian rank, whom he kept as a guard in his palace.' ' Sueton. in Gulb. chap. 10. 27 198 OF Tin: ROMAS ART OP WAR. I9j& ( ilAPTKR V. IIIK SKVKUAL KINDS OF llIF, IU>MA\ FOOT, AND TIIP:iU DIVISION INTO MXMl'l I.I. COHORTS, AND I.KGIONS THE whole Roman infantry was dividotl into four sorts, veliies, has/f/fi, prinripes, arul triarii, Tlu' rr/ifes were connnonly someof the /«roy?e.9, or younj; soldiers, of mean c(»ndition, and lifchtly armed. They had their name it vo- lanifn, or n rdocitale, from their swiftness and expedition. Tliey seen» not to have been divided into distinct bodies or companies, but to have hovered in loose order before the army. The huHtali were so called, because they used in ancient times to fii!;ht with spears, which were afterwards laid aside, as incommodi- ous ; these were taken out the next in age to the velites. The prhicipcs were jrenerally men of middle a«:;e and of greatest \igour ; it is probable that, before the institution of the hastati, they used to begin the tight, whence they borrowed their name. The triarii were commonlv veterans, or hardv old soldiers, of long experience and approved valour. They had their name from their position, being marshalled in the third place, as the main strength and hopes of theii- party. They arc sometimes called yv//«- r//, from their w capons pila. Every one of these grand divisions, except the velites, composed thirty mcwipuli or companies ; every launipvlm made two centuries or or dines. Three inftnipfi/i, one of the hasfafi, another of the principes, and a third of tiie Inarii, composed a cohors. Among these, one was filled with st)u»e «>f the choicest soldiers and officers, obtaining the honourable title lA' prima cohors. We meet too with the prstforia coliors, instituted by JScipio Numantius ; selected for the most part out u\' \\\e evocati or reformades, and obliired onlv to attend on the Praetor or general ; and this gave original to i\\e pnxtoriani, the life- guard of the emperors. Ten coliorts made up a legion ; the exact number of foot in such a battalion Uonuilus fixed at three thousand ; though Plutarch assures »s, that, after the reception of the Sabines into Rome, he encreased it to six tliousand. The common number afterwards, in the first tiniesi of the free state, was four thousand ; in the war with Hannibal. it arose to five thousand. After this, it is probable they sunk to alxmt four thousand, or four thousand two hundred again ; which was the number in the time of Polybius. In the age of Julius C csar, we do not find any legions exceed- ing the Polybian number of men ; and he himself expressly speaks of two legions that did not make above seven thousand between them."' The number of legions kept in pay together, was different, accord- inij to the various times and occasions. During the free state, four legions were commonly fitted up every year, and divided between the Consuls; yet, in cases of necessity, we sometimes meet with no less than sixteen or eighteen in Livy. Augustus maintained a standing army of twenty-three, or (as some will have it) of twenty-five legions ; but in after times we seldom find so many. They borrowed their names from the order in which they were raised, as prima, secunda, tertia; but because it usually happened, that there were several primae, secimdae, Sfc. in several places, upon tliat account they took a sort of surname besides, either from the emperors w ho first constituted them, as Jiugusta, Claudiana, Galbi- ana, Flavia, Uipia, Trajana, Anioniana ; or from the provinces which had been conquered, chiefly by their valour, as Pft/'Miccr, S'cy- thicoy Gallica. Arabica, <^c. ; or from the names of the particular deities, for whom their commanders had an especial honour, as Mi- nervia, and Jippullinares ; or from the region where they had their cjuarters, as Cretensis, Cyrenaica, Britannica, Sfc; or sometimes upon account of lesser accidents, as Mjutrix, Martia, Fulminalrij', UupaXy picia, or the honour of taking omens, by help of the divines, which made a very solemn ceremony in all martial expeditions. Hence they were said, gerere ran auia aitupiciifi, and 67^*6 divis ; this was most properly applied, when they did not act in person; as Suetonius, when he reckons up the conquests of Augustus, expresses himself, Domuit iiulem, part nil ductu, partiin auspiciis suis, t^'c.^ MachiaveP highly extols the wistiv)m of the Romans in allowing iheirgeneralsunlimitedconimissions, by which they were empowered to fight or not to fight ; to assault such a town, or to march another %vay, w ithoiit controul ; the senate reserving to themselves onlv the powei- of making peace and decreeing war, unless upon extraordi- nary occasions. This w as several times the cause of remarkable vic- t<»ries, that in all probability had been otherwise prevented. Thus, when Fabius Maxiinus had given the Tuscans a considerable defeat at 8utrium,and entered on a resolution to pass the Ciminian forest, a very dangerous and dillieult adventure; he never staid to expect larther orders from Rome, hut immediately marched his forces into the enemies' country, and, at the other side of the forest, gave them a total overthrow. In the mean time, the senate, fearing he might venture on such an hazardous attempt, .'^ent the Tribunes of the com- mons, with other officers, to desire Fabius that he would not by any means think of such an enterprize ; but not arriving till he had ef- lected his design, instead of hindering his resolution, they returned home with the joyful news of his success." The setting out of the general was attended with great pomp and superstition. The public prayers and sacrifices for his success being finished, he, habited in a rich pifludamcntw/i, a robe of purple or scar let, interwoven with gold, began his march out of the city, accom- panied with a vast retinue of all sexes and ages; especially, if the expedition was undertaken against any potent or renowned adver- sary ; all persons beiiigdesirous to see, and follow with their wishes, him on whom all their hopes and fortunes depended. If it would not be too minute, we might add a description of tiie s gcneraPs led horses, with their rich trappings of purple and cloth of gold; such as Dionysius tells us they brought to honest Quintius the Dictator, in lieu of those he had left with his plough ; or, as that of Pompcy the Great, which Plutarch mentions to have been taken by the enemy in the w ar with Sertorius. The old Romans had one very superstitious fancy in reference to the general, that if he would consent to be devoted or sacrificed to Jupiter, Mars, the Earth, and the infernal gods, all the misfortunes, which otherwise might have happened to his party, would, by virtue of that pious act, be transferred on their enemies. This opinion was confirmed by several successful instances, and particularly in the most renowned family of the JDecii ; of wJiom, the father, son, and grandson, all devoted themselves for the safety of their armies. The first, being consul w^ith Manlius, in the war against the Latins, and perceiving the left wing, which he commanded, to give way, he (ailed out to Valerius the high priest to perform on him the cere- mony of consecration, (w hich we find described by Livy in his eighth hook,) and immediately spurred his horse into the thickest of the enemies' forces, where he was killed, and the Roman army gained the battle. His son died in the same manner in the Tuscan war, and his grandson in the war with Pyrrhus; in both which, the Ro- mans were successful. Juvenal has left them this deserved enco- mium in his eighth Satire, 254: Plebeix Deciorum animce^ plcbein fuevunt JVomhia ; pro totis legionibus^ hi taineii^ et pro Ovmibus auxilits, atc/ve omni pxibe LativUy Sujichmt diif! hifeniis Terr OF Tin: ROMAN CMAPTKU IX. OF THH ROMAN' ARMS AND WEAPONS. FOR the knowletlj^c of this subject, we need not take up with ihc common division into oncnsivc and defensive, but rather rank them both toi^ethcr, as they belonged to the several sorts of soldiers already dislini^uished. As to the vc/iies, their arms were the Spanish swords, which the Konians thought of the best shape and temper, and fittest for ex- ecution, being something like the Turkish scimitars, but more sharp at the point. Hastx^ or javclinca^ seven in number to every man, very light and slender. Piunna^ a kind of round buckler, three feet in diameter, of wood, coveied w ith leather. Galea^ or Galtrus^ a light casque for their head, generally made of the skin of some wild beast, to appear the niore terrible. Hence Virgil, i£n. vii. 688: Fulv'jsque htpi (If pclle galevus. and Propcrtius, 1. iv, 1 1. 20 : Et ffalea hirsufj com/>ta lulutia jubd» It seems j^robable, that after the time when the socii were admit- ted into ilie Roman legions, the particular order of the velitea was dis('ontinued, and some of the youngest soldiers were chosen out \ipon occasion to skirmish before the main body. Hence we find among the light forces in the times of the emperors, the sagittarii Viw(\ fund it ores y the darters and slingers, who never constituted any part of the proi)cr vetites. And so, before the institution of the ve- litcsy we meet Avith the rorarii^ whom Suillust calls ferentariiy who pcrforn)cd the same duty, with several sorts of weapons. Some attribute the like employment to xhc accensi ; but these were rather supernumerary recruits, or a kind of Serjeants, in the more ancient armies. The arms of the hastati, firirici/ics, and friarii, were in a great measure the same ; and therefore Polybius has not divided them in his description, but speaks of them altogether. Their sword was the same as that of the vclKes ; nor need we ob- serve any thing more about it, only that the Roman soldiers used -' ' ITTvXKIIlTa. t'l-l^l^nTDT^ .:LiBC10r^'AIMUS .Dr© IMTJI.iITiES rUMl^TTRr^'.-- 1 II BJ'S. /"tMA,-./ Uf/tdjmm .3- The gaita wa!> a hcad-piccc, or inorrion, coming down to the shoulders, commonly of brass ; Ihougli Plutarch tells us, that Camillus ordered ihusc of liis army to be iron, as the stroni^ci- metal. y The lower part of this they called biiccula^ as we have it in Juvenal : Fracta (U: cd.ssiilc buccuJn ftmilcnrs. Sat. x. 13-t. A chap-fall'n beaver loosely haiigiiig by The cloven helm. On the toj) was the crifita, or crest; in adornini^ of which the sol- diers took j^reat pride. In the time of Polybius they wore plumes of feathers dyed of various colours, to render themselves beautiful to their friends, and terrible to their enemies, as the Turks do at pre- sent. But in most of the old monuments wc find the crests reprc- sented otherwise, and not much different from those on the top of our modern head-pieces. Virgil mentions the feathers on a parti- cular occasion : Cttju.^ uioiuuL ■■^iiijitiii ilv vi'itice peniiiV. uKs. x. 187. And he describes Mczentius's crest as made of a horse's mane : Cvistaque hirsutus equina. Ms. \. 8G9. But, whatever the common soldiers had for their crest, those of the officers were more splendid and curious ; bcini^ usually worked in gold or silver, and reaching quite across the helmet for distinc- tion-sake. If wc might speak of those of foreign commanders, the crest of king Pyrrhus, as very singular, would deserve our remark ; which Plutarch describes as made of two goats' horns.* The lorica was a briganlitic or coat of mail, generally made of leather, and worked over with little hooks of iron, and sometimes adorned with small scales of thin gold ; as we find in Virgil : JLoricutn canscrtivn hamis, itir, iii, 467. and, JVcc duplici squama hrica fnhih et auro. A^.s. \\. 707. Sometimes the ioricw were a sort of linen cassocks, such as Sue- tonius attributes to Galba, and like that of Alexander in Plutarch; or those of the Spanish troops described by Polybius in his account of the battle of Cannx. The poorer soldiers, who were rated under a thousand drachms, instead of this briganiine, wore a Pcctoratc^ov breast-plate, of thin brass, about twelve fingers stjuare; and this, with what has already been described, rendered them completely armed ; unless we add ocrca:, or greaves, which they wore on their legs; which perhaps t-^lutaich. hi Camill. ''■ Idem, in Pyrrho. V ART OF WAR 209 ihcy borrowed (as many other customs) from the Grecians, so well known by the title of In the elder times of the Romans, their horse used only a round shield, with a helmet on their head, and a couple of javelins in their hands ; great part of their body being left without defence. But as soon as they found the great inconveniences to which they were jierchy exposed, they began to arm themselves like the Grecian horse, or much like their own foot, only their shield was a little shorter and squarcr, and their lance or javelin thicker, with spikes at each end, that if one miscarried the other might be serviceable. CHAPTER X. THE ORDER OF iHE ROMAX ARMV DRAWN UP IX BATFALIA. WHEN the oflicers marshalled the army in order to an engage- ment, the hastati were placed in the front in thick and firm ranks; [he firinci/ies behind them, but not altogether so close; and after them the iriarii, in so wide and loose an order, that, upon occasion, they could receive both the f/rinci/ics and the hastati into their body in any distress. The velitcs^ and in later times the bowmen and slingers, were not drawn up in this regular manner, but disposed of either l)efore the front of the hastati^ or scattered up and down among the void spaces of the same hastati, or sometimes placed in two bodies in the wings; but wherever they were fixed, these light soldiers began the combat, skirmishing in flying parties with the first troops of the enemy. If they prevailed, which very seldom happened, they prosecuted the victory ; but upon a repulse they fell i)uck by the fianks of the army, or rallied again in the rear. When ihey were retired, the hastati advanced against the enemy; and in case they found themselves overpowered, retiring softly towards the tirinci/ies^ fell into the intervals of their ranks, and, together with them, renewed the fight. But if the firincifies and the hastati thus joined were too weak to sustain the fury of the battle, they all fell 'jack into the wider intervals of the triarii ; and then all together being united into a f»rm mass, they made another effort, much more impetuous than any before : If this assult proved ineffectual, the day ^^as entirely lost, as to the foot, there beint'; no farther reserves. J I 210 01 THE ROMAN ART or WAR. This way of marbhalliii.;^^ the foot was exactly 'ik*^ the order oi trees which gardeners call the Quincunx ; which is admirably com ])arcd to it in Virgil :■ Ut Si^lw in'^reiiti bellu citni lon^a co/iovtea F.rplicuit If'jio, ei campo stetit a[jmcn apevto ; JJirectiffjue acieit^ ac latcjlnctnat omnis c^re retiiilenti teUus, ut^cdum horrida miscent Praliii^ sed dubina mcdiia JVlarn errat in arniis ': Omnia sint paribus tninicrift dimeiisa Tiavutu ,- JVon anijinon modo nti pascat prosjieclus inavem ,- Scd quia non alitev vires dabit omnibwi cvfjuaa Ttrra, neqne in vacuum poterunt se ejcteudfire ram. As leg-ioiis In the field their front display, T'o try the tbrtune of some douhtful day. And move to meet their foes with sober pace, .Strict to their figure, thoii,i^)\ in wider space, IJeforc the battle joins, wliilc from afar Tlie field yet glitters with the pomp of war; And e(jiial Mars, like an impartial lord, T -eaves all to fortiine, and the dint of sword; So let thy vines in intervals be set, IJut not their jural discipline forget: Indulge their width, and add a roomy space, That their extremest lines may scarce embrace. Xor this alone t* indulge a vast delight, And make a pleasing prospect for the sight: IJut for the ground itself, this oidy way (Jan e(pial vigour to the plants <*onvey, Whicii crowded, want the room their branches to disj)lay. DUVDEX. And as the reason of that position of the trees is not only for beauty and figure, but that every particular tree may have room to spread its roots and boughs, without entangling and hindering the rest ; so in this ranking of the men, the army was not only set out to the best advantage, and made the greatest show, but every particular soldier had free room to use his weapons, and to with- draw himself between the void spaces behind him, without occa- sioning any confusion or disturbance. The stratagem of rallying thus three times, has been reckoned almost the whole art and secret of the Roman discipline ; and it was almost impossible it should prove unsuccessful, if duly observed; for fortune, in every engagement, must have failed them three seve- ral times, before they could be routed ; and the enemy must have had the stniigih and resolution to overcome them in three several encounters, for the decision of one battle ; whereas most other na- tions, and even the Grecians themselves, drew up their whole army, as it were, in one front, trusting themselves and fortunes to the suc- cess of a single charge. The Roman cavalry was posted at the two corners of the army, like the wings on a body, and fought sometimes on foot, sometimes * (Jeorg. ii. '279. 211 on horseback, as occasion required, in the same manner as our dra- goons; the confederate, or auxiliary "orces, composed the two points of the battle, and covered the wliole body of the Romans. As to the stations of the commanders, the general commonly took up his post near the middle of the army, between the /irinci/ies and the triarii^ as the fittest place to give orders equally to all the troops. Thus Virgil disposes of Turnus : JMedin dux aq-mine Turnus Vei'tituv anna tenens. jEv. Ix. 28. The Le^rati and Tribunes were usually posted by him ; unless the Fornier were ordered to command the wings, or the others some particular part of the army. The Centurions stood every man at the head of his century to lead them up; though sometimes, out of courage and honour, they exposed themselves in the van of the army; as Sallust reports of Catiline, that he posted all his choice Centurions, with the Evocati, and the flower of the common soldiers, in the front of the battle. IJut the Primifiili or chief Centurions, had the honour to stand with the Tribunes near the general's person. The common soldiers were placed in several ranks, at the discre- tion of the Centurions, according to their age, strength and experi- ence, every man having three feet square allowed him to manage hib arms in ; and it was most religiously observed in their discipline, never to abandon their ranks, or break their order, upon any ac- count. But besides the common methods of drawing up this army, which are sufBciently explained by every historian of any note, there were bcvcral other very singular methods of forming their battle into odd shapes, according to the nature of the enemy's body. Such as the cunciis; wlien an army was ranged in the figure of a wedge, the most proper to pierce and break the order of the enemy. This was otherwise called ca/int /iorcinu??i, which in some measure it resembled. The globus; when the soldiers cast themselves into a firm, round body, practised usually in cases of extremity. The forfcr, an army drawn up as it were into the form of a pair of sheers. It seems to have been invented on purpose to receive the cuneus^ in case the enemy should make use of that figure. For while he endeavoured to open, and, as it were, to cleave their squadrons w^ith his wedge, by keeping their troops open like their iilieers, and receiving him in the middle, they not only hindered the damage designed to their own men, but commonly cut the ad- verse body in pieces. OF THE ROMAN ART OF WAR. 213 '^ The serroy an oMong square figure, after ihc fashion of a towef, with very few men in a file, and the files extended to great length. This seems of very ancient original, as being mentioned in Homer: Ot Si Ti Tru^fytJ^^v a-^fug olvthc u^Tvv:tVTtc, Iliad. /u. 43. The scrra, or saw, when the first companies in the front of the array, beginning the engagement, sometimes proceeded, and some- times drew back; so that, by the help of a large fancy, one might find some resemblance between them and the teeth of that instru- ment. CHAPTER Xr. lilE i^NSIGNS AND COLOURS; THK MUSIC; THE WORD IN ENGAGE- MENTS; THE HARANGUES OF THE GENERAL. THI^RK arc several things still behind, relating to tlie army, very observable, before we come to the camp and discipline ; such as the ensign, the music, the word or sign in engagements, and the harangues of the general. As to the ensigns, they were cither proper to the foot, or to the horse. Ensigns belonging to the foot, were either the common one of the whole legion, or the particular ones of the several juanijiuli. The common ensign of the whole legion was an eagle of gold or silver, fixed on the top of a spear, holding a thunderbolt in her ta- lons, as ready to deliver it. That this was not peculiar to the Ro- mans, is evident from the testimony of Xenophon ; who informs us, that the royal ensign of Cyrus was a golden eagle spread over a shield, and fastened on a spear; and that the same was still used by the Persian kings. ^ What the ensigns of the manifiuli formerly were, the very words point out to us ; for as Ovid expresses it ; | Portica sufpmsoa portabnt longa ynaniplos, Untie maniplans nomina miles hahet. ATanifiulus properly signifies a wisp of hay, such as in ruder times the soldiers carried on a pole for an ensign. But this was in the rustic age of Rome ; afterwards they made use of a spear with a transverse piece on the top, almost like a cross; and sometimes with a hand on the top, in allusion to mani- b De Instlt. Cyri, lib. 7. fiuliis ; below the transverse part was fastened one little orbicular shield, or more, in which they sometimes placed the smaller images of the gods, and in later times, of the emperors. Augustus ordered a globe fastened on the head of a spear to serve ibr this use, in token of the conquest of the whole world. The ensign of the horse was not solid as the others, but a cloth, almost like our colours, spreading on a staiT. On these were com- monly the names of the emperors, in golden or purple letters. The religious care the soldiers took of the ensigns was extraor- dinary ; they worshipped them, swore by them, and incurred certain death if they lost them. Hence it was an usual stratagem in a dubious engagement, for the commanders to snatch the ensigns out of the bearer's hands, and throw them among the troops of the enemy, knowing that their men would venture the extremest dan- i^cr to recover them. As for the several kinds of standards and banners introduced by tlje later emperors, just before Christianity, and afterwards, they do not fall under the present enquiry, which is confined to the more flourishing and vigorous ages of the commonwealth. The Romans used only wind-music in their army ; the instru- ments which served for that purpose may be distinguished into the tubxy the cornua^ the bucciiKS^ and the litui. The tuba is supposed to have been exactly like our trumpet, running on wider and wider in a direct line to the orifice. The corniia were bent almost round; they owe their name and original to the horns of beasts, put to the same use in the ruder ages. The buccina seem to have had the same rise, and may derive their name from bus and cano. It is very hard to distinguish these from the cornua^ unless they were something less, and not quite so crooked; yet it is most certain that they were of a different species; because we never read of the cornua in use with the watch or sen- tinels, but only these buccina:. The Htui were a middle kind between the cormia and the tub^e^ being almost straight, only a little turning in at the top like the lituusy or sacred rod of the Augurs, whence they borrowed their name. These instruments being all made of brass, the players on them •vent under the name of aneatores^ besides the particular terms of 'iibicinesy cornicines^ buccinatores, 8cc. ; and there seems to have been a set number assigned to every mani/iulus and tur?na ; besides several of a higher order, and common to the whole legion. In a battle, the former took their station by the ensign or colours of their 29 214 Oi TIIJL ROM AT. ART OF WAR. 215 particular company or troop ; the others stood near the cliiei' ca^l^ in a ring, hard by the general and prime officers; and when the alarm was to be given, at the word of" the general, these latter began it, and were followed by the common sound of the rest, dispersed through the several parts of the army. I Besides this c/assicum, or alarm, the soldiers gave a general shout at the first encounter,'^ which in latter ages they called iarriius, from a German original. This custom seems to have risen from an instinct of nature, and is attributed almost to all nations that engaged in any martial action ; as by Homer to the Trojans; by Tacitus to the Germans; by Livy to the (iauls; by Quintus Curtius to the Macedonians and Per- sians ; by Thucydides, Plutarch, and other authors, to the Grecians. Polyxnus honours Pan with the invention of the device, when he was lieutcnaDt-gcneral to Bacchus in the Indian expedition ; and it so, we have a very good original for the terrores /lanici, or panic fears, which might well be the consequence of such a dismal and surprising clamour. The Romans made one addition to this cus- tom, at the same time clashing their arms with great violence, to improve the strength and terror of the noise. This t'lcy called concuft'io armorinn. i Our famous Milton has given us a noble de^icription of 't, as used by the rebel angels after their leader's speech for the renewing ol the war : He spake : and to confirm his words, out flew MiUions of flaming swords, drawn from the thighs Ofmig-hty cherubims; the sudden blaze Var round illumined heli : Migidy they rag'd Aj^-ainst the Highest, and tierce with grasped arms, Clash'd on their sounding shields the din of war, Hurling defiance tow'rd the vault of Heaven. | Parad. Lost, B. l.j The signs of battle, besides the classicujn^ were cither a flag or standard, erected for that purpose, which Plutarch, in two several places, calls a purple robe; or more properly, some word or sen- tence communicated by the general to the chief officers, and Dy them to the whole army. This commonly contained some good omen; as, Ffiicitas, Libcrtas, Victoria^ Fortium Casaris, and the like; or -else the name of some deity, as Julius Caesar used Fenus Gtnetrix; and Augustus J/iollo. The old tessera^ put to this use, seems to have been a sort of tally delivered to every soldier, to distinguish him from the enemy ; and perhaps, on that they used to inscribe some particular word or sentence, which afterwards they made use of without the tally. GeU. Noct. Attic. lib. 1, cap. 11 One great encouragement, which the soldiers received in their entrance on any adventure, was from the harangue of the general; who, upon the undertaking an enterprise, had a throne erected with green turf, surrounded with ihc yusccs, ensigns, and other military ornaments; from whence he addressed himself to the army, put them in mind of the noble achievements of their ancestors, told them their own strength, and explained to them the order and force of the enemy; raising their hopes with the glorious rewards of ho- nour and victory, and dissipating their fears by all the arguments that a natural courage and eloquence could suggest ; this was termed allocutio. Which custom, though now laid aside as antiquated and useless, yet is highly commended in the ancient discipline, and, without doubt, has been often the cause of extraordinary successes, and the means of stifling sedition, hindering rash action, and pre* venting many unfortunate disorders in the held. CHAPTER XII. THE FORM AND DIVISION OF THE ROMAN CAMP. IHE Romans were more exact in nothing than in forming their ramp ; and two very great commanders, Philip of Macedon and king Pyrrhus, upon view of their admirable order and contrivance herein, are reported to have expressed the greatest admiration ima- ginable of the Roman art, and to have thought them more than bar- barians, as the Grecians termed all people besides themselves. Before we take a particular prospect of the camp, we had best distinguish between the caatra etter govern and inspect them. The Prjfcrti of the foreign troops were lodged at the sides of the Tribunes, over against their respective wings; behind these were the lodgments of the evocari, and then those of the extraordi- narii and abiccii njuiles, which concluded the higher part of the camp. Between the two partitions was included a spot of ground about an hundred feet in length, which they called firinciftiay where the altars and statues of the gods, and (perhaps) the chief ensigns, were fixed all together. The middle of the lower partition, as the most honourable place, was assigned to the Roman horse; and next to them were quartered the triariiy then the firinci/ies ; close by them X.\\g hastati, after- wards the foreign horse ; and in the last place the foreign foot. But the form and dimensions of the camp cannot be so well de- scribed any other way, as in a table where they are exposed to view. However, we may remark two great pieces of policy in the way of disposing the confederates; for in the first place, they divided the whole body of foreigners, placing part in the highest partition of the camp, and part in the lower; and then the matter was ordered, so that they should be spread in thin ranks, round the troops of the state; so that the latter, possessing the middle space, remained firm and solid, while the others were masters of very little strength, being separated at so vast a distance from one another, and lying just on the skirts of the army. The I^omans fortified their camp with a ditch and parapet, which they termed /o*^a and -j^a/Ze/m: In the last some distinguish two parts, the atrtrer and the sudtfi. The airgcr was no more than the earth cast up from the vallum ; and the ft^idrft were a sort of wooden stakes, to secure and strengthen it. CHAPTER XI 11. OF THE DUTIES, WORKS, AND EXERCISES OF THE SOLDIERS. Till', duties and works of the soldiers consisted chiefly in their watches and guards, and their diligence in casting up entrench- ments and ramparts, and such other laborious services. The watches and guards were divided into the excubide and the vigilia: ; the first kept by day, and the other by night. As to the cxcubix^ they were kept either in the camp, or at the gates and entrenchments. For the former, there was allowed a whole manifiulus to attend before the Prxtorium ; and four soldiers to the tent of every Tribune. The triarii, as the most honourable order, were excused from the ordinary watches, yet being placed exactly opposite to the eguites^ ihey were obliged to have an eye over their horses. The ercubia, at the gates of the camp, and at the entrenchments, they properly called etationes. There seems to have been assigned one company of foot, and one troop of horse, to each of the four gates every day. And it was a most unpardonable crime to desert their post, or abandon their corps of guards. The excellency of the Homan discipline, in this particular, has appeared on many occa- sions, to their great honour, and to the benefit of their affairs. To give one instance: At the siege of Agrigentum in Sicily, in the first Punic war, when the Roman guards had dispersed themselves abroad a little farther than they ought into the fields for forage; and the Carthaginians laying hold on the opportunity, made a vigor- ous sally from the town, and in all probability would have forced the camp; the soldiers, who had carelessly neglected their duty, being sensible of the extreme penalty they had incurred, resolved to repair 218 OF THL HOMA^ ART or WAR. 219 « *» the fault hy some remarkable beliaviour; and accordinj^ly rally iiij togcllier, ihcy not only sustained the shock of the enemy, to whoin they were far inferior in number, but in the end made so great a slaughter among them, as compelled them to retreat to their works, when ihey had well nigh forced the Roman lines.** The night-guards, assigned to the general and Tribunes, were ol the same nature as those in the day. But the proper vigiieM wen four in every mauifiuluft^ keeping guard three hours and then re- licvcd by fours; so that there were four sets in a night, accordinj; to the four watches, which took their name from this custom. The way of setting this nightly guard, was by a tally or tessera, with a particular inscription given from one centurion to another, fjuile through the army, till it came again to the Tribnne who at first delivered it. Upon the receipt of this, the guard was imme- diately set. The person deputed to carry the tessera from the Tri bunes to the centurions, was called tesserarius. Hut, because this was not a sufficient regulation of the business, they had the circuit io vigilum^ or a visiting the watch, performed < ommonly about four times in the night, by some of the horse. Upon extraordinary occasions, the Tribunes and lieutenant-gene rals, and sometimes the general himself, made these circuits in per- son, and took a strict view of the watch in every part of the camp Livy,' when he takes an occasion to compare the Macedonians with the Roman soldiers, gives the latter the preference, particu- larly for their unwearied labour and patience in carrying on their works. And that this was no mean encomium, appears from the character Polybius' has bestowed on the Macedonians, that scarce any people endured hardships better, or were more patient of la- bour; whether in their fortifications or encampments, or in any other painful and hardy employment incident to the life of a soldier There is no way of showing the excellency of the Romans in this affair, but by giving some remarkable instances of the military works; and we may be satisfied with an account of some of them which occur under the conduct of Julius Cxsar. When he besieged a town of the Atuatici in Gallia, he begirt it with a rampart of twelve feet high, and as many b' oad, strengthen- ing it with a vast number of wooden forts; the whole compass in- cluded fifteen miles; and all this he finished wiih such wonderful expedition, that the enemy were obliged to confess, they thought the Romans were assisted in these attempts by some supernatural or divine power. ^ Vt another time, in an expedition against the llelvctii in the same . ountry, with the assistance only of one legion, and some provincial soldiers, he raised a wall nineteen miles lon;.^, and sixteen feet high, with a ditch proportionable to defend il.*' More remarkable than either of tiiese were his fortifications be- fore Alesia or Alexia, in IJurgundy, dcbcribed by himself at large in his seventh book; by which he protected his army against four- score thousand men that were in the town, and two hundred anc' forty thousand fool, and eight thousand horse, that were arrived to the assistance of the enemy.' But his most wonderful performance, of this nature, were the works with which he shut up Pompey and his army in Dyrrachium, reaching from sea to sea ; which are thus elegantly described by Lucan, Lib. vi. 38: Fravff\intur montes, plnniimqnc per mdna C,E:^ar Dncit opus : pfiTidit fo^ftaSf [urntaf/ue fiinnmit Disponit caatetla jii^iSy ma^noquf. recessu ^implexiis Jinesy naltuftf nemoroscque tesqna, Et silvasy vastaqiit feran indagijie claudit .• JSi'on dep.nnt campif non desmit pabula JS'fagno ,- C'astraqne Ccesareo circumdatiis aggere, mutnty i^c. Vast clifT's, beat down, no more o'erlook tlie main. And levelled mountains form a wondrous plain ; Unbounded trenches with high forts secure The stately works, and scorn a rival power. AVoods, forests, parks, in endless circuits join*d. With slrang-c inclosures cheat the savag-e kind. Still Pompey's foragers secure may range; Still he his camp, without confinement, change, &c. The exercises of their body were walking, running, leaping, vault :ng, and swimming. The first was very serviceable upon account of tedious marches, which were sometimes of necessity to be under- taken; the next to make them give a more violent charge on the enemy; and the two last for climbing the ramparts and passing the litches. The vaulting belonged properly to the cavalry, and is still 'Wned as useful as ever. The exercises of their arms Lipsius divides into fialaria and ar- ■ at lira. The exercitia ad fialum, or fiaiaria^ were performed in this maii- ner ; they set up a great post about six feet high, suitable to the sta- uire of a man ; and this the soldiers were wont to assail with all in- struments of war, as if it were indeed a real enemy ; learning upon his, by the assistance of the camfiidoctores, how to place their blows »right. Juvenal brings in the very women affecting this exercise : • Vel quis non vidit vulnera pali Quern cavat assiduis sxtdibus, scutoque lacessit ? Sat. vi. 246 ^ Polvb. lib. 1. - Lib. 9. f Lib. 9. 8 Cxsar de BeU. Gull. lib. 2. cap. 8 ^ Cxsar, Bell. Gal!. • Iden), lib. 7. 220 Ol THE ROMAN ART OF WAR. Who has lint seen them, when, without a bldsli, A^'-yinst the post their wicker-shields they crii?,li. Flourish the sword, and at the plastron push ^ jirtdk-v. Armatura consisted chiefly in the exercises performed with all imannrroF missive weapons; as throwinj^ of the spear or javelin, shooting of arrows, and the like; in which the tyrones, or new listed men, were trained with great care, and with the severest discipline: Juvenal may, perhaps, allude to this custom in his fifth Satire, 15J. Tv scdhi-i fmeiia mali quod in agt^ere vodit (■Jui tetrituv parma et galeae metiienaqucf ocelli IJiscit ah hivsiUn Jacidum tonpccre captUu. To you surh scabbM liarsii fmit is given, as raw Voung- soldiers at their exercisint,'' f^naw. Mho trembling learn to throw tile fatal dart. And under rods of rough centurions smart. diiyukv. Nor did the common soldiers only practise tliesc feats, but the commanders themselves often set them an example of industry, and were very eminent for their dexterity in performances of this na ture. Thus the famous Scipio is described by Italicus, lib. 8 : Ipw inter wedios i^enttivdt inq-entia laudif! Si'^na dabiify lihvavc sudcniy iransniiftt-if naltu ^Mura/cs/'ossas, undoauni J'mnifere iiundo Indutm thoraca vadiim ; spectuciila tantx ^inte acies virtutis crant ; Sigpe cUite plunta ilia pttfonftumy et cnmpi per aperta vohintem Jfnie pcien prcevertit rqtnim : axpe ardmix idem Castronon spatinm et saxo transmisit et hasta. Among the rest the noble chief came forth. And show'd glad onions of his future worth ; High o'er his head, admir'd by all the brave, lie brandished in the air his threat'ning start'; Or leap'd the ditch, or swam the spacious moat. Heavy with arms and his eiiibroider'd coat ; Now fiery steeds, though spurr'd with fury on. On foot he challenged, and on foot outrun. While cross the plain he sha[)ed his airy course, Tlcw to the goal, and shamed the gen'rous horse ; Now pond'rous stones, well poised, with both his hands Above ihe wond'ring crowd unmov'd he sends; Now cross the camp he aims his ashen spear, Which o'er ten thousand heads flies singing thro' the air. Thus have we taken a short view of the chief duties, works and exercises of the soldiers; but we must not forget their constant la- bour and trouble of carrying their baggage on their shoulders in a march ; this was commonly so heavy a burden, and so extremely tiresome, that Virgil calls it ijijustusfascis. Geor. iii. 346. JV on secus ac patriin acer Romanus in armis Injunto unit fi f^ce viam dvm carpit, el hosti Ante expectatum ftositin stat in ordine castn's. Thus under heav> arms the youth of Rome Their long labori<^us marches overcome; Bending with unjust loads they cheerly go. And pitch their sudden camp before the foe. 7>RTPl;> CHAPTER XIV. OF THE soldiers' PAY. THE Roman pay consisted of three parts ; money, corn, and clothes. As to the money, it is very certain that for above three hundred years together the army served ^n-atis, and at their own charge ; and when afterwards a certain pay came to be established, it was no more than two oboii a day to the common foot; to the horse a drachma apiece. It is probable that the Tribunes received what was counted very considerable (though Polybius is silent in this matter) ; since, in several authors, we find a large salary expressed by a metaphor taken from a Tribune's stipend. Thus Juvenal particularly : ^Iter enim^ quantum in legione Tribuni Accipiunt, donat Calvin>*l />%■ ffttknitif ti //sj r .-./n/ /j'/f/'f-rfit/ .*/. •) • » ART OF WAR. noiirablc than any other crown, though composed of no better ma- terials than oaken boughs. Virgil calls it civllis qucrcus, Mvi. vi. 772. Jitqtie iimbrata gemnt chili tempora qiiercn. Plutarch has guessed very happily at the reason why the branches of this tree should be made use of before all others. For the oaken \rrcath, says he, being otherwise sacred to Jupiter, the great guar- dian of their city ; they might therefore think it the most proper ornament for him who hiid preserved a citizen. Besides, the oak may very well claim the preference in this case; because in the primitive times that tree alone was thought almost sufficient for the preserving of man's life: its acorns were the principal diet of the old mortals, and the honey, which was commonly found there, pre- sented them with a very pleasant liquor." Ii was a particular honour conferred on the persons who had merited this crown, that, when they came to any of the public shows, the whole company, as well senate as people, should signify their •cspcct, by rising up when they saw them enter; and that they Nhould take their seat on these occasions among the senators ; beinc^ also excused from all troublesome duties and services in their own ^-ersons, and procuring the same immunity for their father and grandfather by his side.p Corona muralis, given to him who first scaled the walls of a city in a general assault ; and therefore in the shape of it there was some allusion made to the figure of a wall. Corona castrennis^ or vallaris^ the reward of him who had first forced the enemy's entrenchments. Corona navalis, bestowed on such as had signalized their valour nan cngasiement at sea; being set round with figures like the ^eaks of ships : Cui belli iusigne siipevbnm Tempora navali fulgent rostrata corona. Vir. iELv. viil. 684. Lipsius fancies the corona navalis, 2ind the rostrata^io have been distinct species, though they are generally believed to be the same kind of crown. Corona ohsidionalls ; this was not like the rest given by the ge- neral to the soldiers, but presented by the common consent of the soldiers to the general, when he had delivered the Romans or their :dlicb from a siege. It was composed of the grass growing in the 'jcsicged place. l*liitarch. in Coriolan p Plin. lib. 16. cap. 4. OF THE ROMAN ART or WAR. 22 r Corona triumfihalis^ made with wreaths of laurel, and proper only to such generals as had thehonour of a triumph. In after at^es this was changed for gold {auremn corojiaritun)^ and not restrained only to those that actually triumphed, but presented on several other accounts, as commonly, by the foreign states and provinces, to their patrons and benefactors. Several of the other crowns too arc thought to have been of gold ; as the cafitrensia^ the murai^ and the vavai. Besides these, we meet with the coro?i tic aurc^, ohcn bestowed on soldiers without any additional term. And Dion Cassius mentions a particular sort of coronet made of olive boughs, .-nd bestowed, like the rest, in consideration of some signal act of valour. Lipsius believes these to have succeeded in the room of the irolden crowns, after they were laid aside. The most remarkable person upon record in history, for obtain- ing a great number of these rewards, was one C. Siccius (or Sici- i)Us)Dcntatus; who had received in the time of his military service eight crowns of gold, fourteen civic crowns, three mural, eighiv three golden torques, sixty golden arwilla, ei^hiccw /unta pura. and seventy-five fihalcrx^ But far greater honours were conferred on the victorious gene rals, some of which were usually decreed them in their absence, others at their arrival in the citv Of llie former kind were the aaiuLuuy unfiei-atoris^ and the i^uj fUicatio ; of the latter the ovation and the triiimjih. The first of these was no more than the saluting the commander in chief with the title o'i unfierator, upon account of any remarkable success; which title was decreed him by the Senate at Rome, after it had been given him by joint acclamations of the soldiers in the camp. The sn/i/iluatio was a solemn procession to the temple of th( gods, to return thanks for any victory. After obtaining any such remarkable advantage, tlie general com monly gave the senate an account of the exploit by letters wreathed about with laurel {litvr£ laureatx), in which, after the account of his success, he desired the favour of a supplication, or public thanks- giving. This being granted for a set number of days, the senate went in a solemn manner to the chief temples, and assisted at the sacrifices A. ticH. lib. . tap. 11 \uJcr. Ma.x. i^^. proper to the occasion ; holding a feast in the temples to the honou . of the respective deities. Hence Servius explains that of Virgil, Sinml Divum templh indicit hovoremy JF.y. i. 636. as alluding to a solemn supplication. In the mean lime, the whole body of the commonalty kept holy- (lay, and frequented the religious assemblies ; giving thanks for the late success, and imploring a long continuance of the divine favour and assistance. Octavius Cxsar, together with the Consuls Hirtius and Pansa, upon their raising the siege of iMutina, were honoured with a sap- plication fifty days long. At last this ceremony became ridiculous; as appears from the ,upplications decreed Nero, for the murder of his mother, and for he fruitfulness of Popxa, of which we read in Tacitus. The ovation some fancy to have derived its name from shouting r.vion I to Bacchus ; but the true original is ovis, the sheep, which was usually offered in this procession, as an ox in the triumph. The show generally began at the Albanian mountain, whence the .c^encral, with his retinue, made his entry into the city; he went on loot with many flutes, or pipes, sounding in concert as he passed along, wearing a garment of myrtle as a token of peace, with an as- pect rather raising love and respect than fear. A. Gellius informs us, that this honour was then conferred on the victor, when either the war had not been proclaimed in due method, or not undertaken against a lawful enemy, and on a just account; or when the enemy was but mean and inconsiderable.^ But Plutarch has delivered hi^^ 'udgment in a different manner ; he believes that heretofore the dif- Icrence betwixt the ovation and the triumph was not taken from the greatness of the achievements, but from the manner of p^rformintr •hem; for they who having fought a set battle, and slain a great number of the enemy, returned victors, led that martial and (as it •vere) cruel j)rocession of the triumph. But those who without force, by benevolence and civil behaviour, had done the business, •ncl prevented the shedding of human blood ; to these commanders ustom gave the honour of this peaceable ovation' For a pipe is he ensign or badge of peace, and myrtle the tree of Venus, who, cyond any other deities, has an extreme aversion to violence and >var.' But whatever other difl'erence there lay between these two solem- 'lities, we are assured the triumph was much the more noble and splendid procession. None were capable of this honour but Dic- ' Xoct. Att. lib. V. cap. 6. * Plut. in Marcell. ♦j:^8 or THE ROMAN lators, Consuls, or Prxtors; tlioui^h we find some examples of dli- fcrcnt jiraciicc; as particularly in Pompey the Cireat, who had a triumph dccrceci him, while he was only a Roman knight, and had not reached the Scnatorian age/ A regular account of the proceedings at one of these solemnities, Avill give us a better knowledge of the matter than a larger disqui hilion about the several parts and appendages that belonged to it And this the excellent Plutarch has favoured us with, inhisdcsciip- tion of Paulus vl^'.miliub's triumph after the taking king Perseus prj. soncr, and putting a final period to the Macedonian empire. This iiuist be owned to be the most glorious occasion imaginable ; and therefore we may expect the most complete relation that can pos- sibly be desired. The ceremony, then, of i^milius's triumph, was performed after this manner: '* The people erected scaffolds in the Forum and Circus, and all the other pans of the city where they could best behold the pomp. The spectators were clad in white garments; all the temples were open, and full of garlands and perfumes ; the ways cleared and cleansed by a great many officers and tipstaffs, that drove away such as thronged the passage, or straggled up and down. This triumph lasted three days ; on the first, which was scarce long enough for the sight, were to be seen tlie statues, pictures, and images, of an extra- ordinary bigness, whicli were taken from the enemy, drawn upon seven hundred and fifty chariots. On the second was carried, in a i^rcat many wains, the fairest and the richest armour of the Mace- donians, both of brass and steel, all newly furbished and glillcring; which, although piled up with the greatest art and order, yet seemed to be tumbled on heaps carelessly and by chance ; helmets were thrown on shields, coats of mail upon greaves, Cretan targets and Thracian bucklers and quivers of arrows lay huddled among horses' bits ; and through these appeared the points of naked swords, inter- mixed with long spears. All these arms were tied together wiih such a just liberty, that they knocked against one another as they were drawn along, and made a harsh and terrible noise ; so that the very spoils of the conquered could not be beheld without dread. After these waggons loaden with armour, there followed three thou- sand men, who carried the silver that was coined, in seven hundred and fifty vessels, each of which weighed three talents, and was car- ried by four men. Others brought silver bowls, and goblets and cups, all disposed in such order as to make the best show, and all valuable, us well for their bigness, as the thickness of their engraved * Plut. in Pomp. ART OF WAR. 229 work. On the third day, early in the morning, first came the truth- peters, who did not sound as ihcy were wont in a procession or so- lenm entry, but such a charge as the Romans use when they en- courage their soldiers to fight. Next followed young men j^irt about with girdles curiously wrought, which led to the sacrifice 120 stalled oxen, with their horns gilded, and their heads adorned With r.hands and garlands; and with these were boys that carried platters of silver and gold. After this was brought the gold coin, . h.ch was divided into vessels that weighed three talents, like to those t at contamed the silver; they were in number fourscore wanting three. 1 hcse were followed by those that brought the consecrated howl, which Amilius caused to be made, that weighed ten talents, and was all beset with precious stones : Then were exposed to view I e cups of Antigonus and Seleucus, and such as were made after •he ashion invented by Thericles, and all the gold plate that was .sed at 1 erseus's table. Next to these came Perseus's chariot, in :lie which his armour was placed, and on that his diadem: And altcT a little intermission, the king's children were led captives, and ^wth ihcm a train of nui^es, masters, and governors, who all went, an stretched forth their hands to the spectators, and taught the little in ants to beg and intreat their compassion. There were two ^ons and a daughter, who, by reason of their tender age, were alto- l^cther insensible of the greatness of their misery, which insensibi- Hy of the.r condition rendered it much more deplorable; insomuch that erseus himself was scarce regarded as he went along, whilst Pity had fixed the eyes of the Romans upon the infants, and many ^ them could not forbear tears; all beheld the sight with a mixture of sorrow and joy, until the children had past. After his children and their attendants came Perseus himself, clad all in black, and ^^^•aring slippers, after the fashion of his country; he looked like ^ne altogether astonished and deprived of reason, through the great- ncssof his misfortunes. Next followed a great company of his •'Jends and familiars, whose countenances were disfigured with gnef, and who testified to all that beheld them, bv their tears and 'cir continual looking upon Perseus, that it was his hard fortune ^^ey so much lamented, and that they were regardless of their ^^^^•n. After these were carried four hundred crowns, all made of .'Old, and sent from the cities by their respective ambassadors to ^t-milms, as a reward due to his valour. Then he himself came ^cated on a chariot magnificently adorned (a man worthv to be be- ^ ficl, even without these ensigns of power); he was clad in a gar- ^^na of purple interwoven with gold, and held out a laurel-branch • ^^^ right hand. All the army in like manner, with boughs of 31 23() OF THE ROMAN laurel in their hands, and divided into bands and companies, foj. lowed the chariot of their commander, some singinp; odes (accord ing to the usual custom) miiiL^Ied with raillery; others, son^s ot triumph, and the praises of j^^Lmilius's deeds, wIjo was admired and accounted happy by all men, yet uncnvied by every one that was gooil. There was one remarkable addition to this solemnity, which, though it seldom happened, yet ought not to escape our notice ; this was when the Roman general had, in any engagement, killed the chief coumiandcr of the enemy with his own hands; for then m the triumphal pomp, the arms of the slain captain were carried befonr the victor, decently lianging on the stock of an oak, and so com- posing a trophy. In this manner the procession went to the temple of Jupiter rcrclrius (so called dfericndo); and the general making a formal dedication of the spoils (the fi/iolin o/iinm, as they termed them), hung them up in the temple. The first who performed this p-allant piece ot religion, was Homulus, when he had slain Acron, king of the C(i:ninenses; the second, Cornelius Cossus, with the arms of Tolumnius, a general of the Veientcs; the third and lasi, M. Marcellus, with those taken from Viridomarus, king of the Gauls; whence Virgil says of him, Mu. vi. 859 : Ttrtiaque avmu patH suspendct capta Quiririo. Where Quiriuo must be understood only as an epithet applied to Jupiter, as denoting his authority and power in war; as the same woid is attributed to Janus by Horace and Suetonius. Therefore Servius is most certainly guilty of a mistake, when he tells us, thai the fii St spoils of this nature were, according to Numa's laws, to be presented to Jupiter; the second to INIars; and the third to Quiri- nus, or Romulus; for that decree of Numa only took place, if the same person had the good fortune to take these spoils three times; but we are assured, that not only Romulus, but Cossus and Mar- cellus too, all made the dedication to Jupiter. The admirers of the Roman magnificence will be infinitely pfcased with the relation already given from Plutarch of the triumphal pomp ; while others, who fancy that people to have been possessed with a strange measure of vain-glory, and attribute all their military state and grandeur to ambitious ostentation, will be much better satisfied with the satirical account which Juvenal furnishes us with in his tenth Satire. He is saying, that Democritus found subject enough for a continual fit of laughter, in places where there was no such formal pageantry as is commonly to be seen in Rome j an then he goes on, 36 : ART OF WAR. Quid, xi vidinRPt Prtetorem cvrribus aids /:.r8tcwttfm, et vwdio unhliiwm in pnlvcre Cirri In tunica Joiift, ft fnct,r Sarratia ffrentem Lj Itumrrin anhen tofru, mnerncrrpn' r.oronridc, and a ^et fom.al face. He moves in the d«ill ceremonial track. With .fove's rnribroider'd coat upon his hack; A suit of hangings har/7e.v The Prs:ft'cturx were certain towns in Italy, whose inhabitants had the name of Roman citizens ; but were neither allowed to enjoy their own laws nor magistrates, being governed by annual Piicfects sent from Rome. These were generally such places as were either suspected, or had some way or other incurred the displeasure of the Roman state; this being accounted the hardest condition that was imposed on any people of Italy. v The diflerences between the proper citizens of Rome, and the in- habitants of Municifua, colonics, and rr.vfccfura:, may be fhas in short summed up. The first and highest order were registered in the Census, had the right of suHrage and of bearing honours, were as- sessed in the poll-tax, served in the legions, used the Roman laws and religion, and were called Quiritcs and Pofmlus Romavus. The Municifies were allowed the four first of these marks, and were de- nied the four last. The Coloui were in these three respects like the true citizens, that they used the Roman laws and religion, and served in the legions ; but they were debarred the other five con- ditions. The people in the Prxfecturnt had the hardest measure of all; being obliged to submit to the Roman laws, and yet enjoying no farther privilege of citizens." All other cities and slates in Italy, which were neither Colonia^ Mutiicifiia^ nor Pr(rfecturnger line, by which means the extremities stretched out, and extended beyond the two angles at the base. The several divisions of the army being thus disposed, formed, as is said, a triangle; the area within was void, but the base was thick and solid, and the whole body quick, active, and very diflj'icult to be broken. If wc descend to a particular description of the several sorts of ships, we meet commonly with three kinds, ships of war, ships of burden, and ships of passage : the first for the most part rowed with oars; the second steered wi'h sails ; and the last often towed with ropes. Ships of passage were either for the transportation of men, such as the o-rXtruf^yci or rf «r;AV/^f; ; or of horses, as the hipfia^ir.cs. The ships of burd.n, which the Roman authors call rmves onerarice, an ! the Grceian <,^cer:Koi, and ^-V.^^.^ (whence the name of //z./X-,> may p,oj.erly be derived), served for the conveyance of victuals and other provisions, and sometimes too for the carryinir over soldiers, as we fiiKl in Cirsar. Of the ships of war, the most considerable were the 7:avrs hng^. or galleys, so named from their forui, which was the most convenient to wield round, or to cut their way; whereas the ships of burden were generally built rounder and more hollow, that tl.cv might be the more easy to load, and might hold the more goods The most remarkable of the/;ai>p* lov^^, were the trir^mis, the qua^ cfn;v;;;/.9,and quinqueremis. T^^,^>,i, Tsr^r^^,,, and nsyr,.,^; exceeding one another by one bank of oars ; which banks were raised slopingly one above another; and consequently those which had most banks were built highest, and rowed with the greatest strength. Some in- dcrd fancy a difl*erent original of these names, as that in the /r/r^wz>, for example, either there were three banks one after the other on a k vcb or three rowers sat upon one bank ; or else three men tugged ail to-ether at one oar; but this is contrary, not only to the autho- rity of the classics, but to the figures of the rrire7nes, still appearing in ancient monuments. Besides these, there were two other rates, one higher, and the other lower. The higher rates we meet wltl! arc the /icxrres, the hefitere^, the octercs, and so on to the 'xc^rz^o.ih xrer?; nay, Polybius relates, that Philip of Macedon, father to Per- sens, had an 'iKK^ihxr.^x^ -^ which Livy translates,72(77»/* quam sex sex- decim versus remorum aife^ant,^ ?ish\p^'vkh sixteen banks; yet this >vas much inferior to the ship built by Philopater, which Plutarch tells us had forty banks.i The lower rates were the bireTnis and the ?noneres. The bireme, in Greek ^tT-.y,^, or S^irccro^, consisted of two banks of oars; of these the fittest for service, by reason of their hRhtness and swiftness, were called liburnicce, from the Liburni, a people in Dalmatia, who first invented that sort of building; for, being corsairs, they rowed up and down in these light vessels', and maintained themselves by the prizes they took.'' Yet in latter times, all the smaller and more expedite ships, whether they had more or less than two banks, were termed in general liburnle or libur?iiccc. fhiis Horace and Propertius call the ships which Augustus made |Jse of in the sea-engagement at Actium ; and Florus informs us, diat this fleet was made of vessels from three to six banks.' Sue- tonius mentions an extravagant sort of liburnica invented by the emperor Caligula, adorned with jewels in the poop, with sails of I'olyb. in Fragment. ^-ib. 53, J In Demctrio. ^ Dacler on Horace, Epod. 1. 1 Lib. 4. cap. 11. i»44 OF THE ROMAN- ART ©F WAR. 245 many colours, and furnished -with large porticos, bat^nios, and din- ini^- looms, besides the curious rows of vines and fruit- trees of all bOltS."* Tlie mopcrrs^ meniioncd by Livy, was a galley, bavinij; but one bingle bank of oars, of wiiich we find five sorts in authors, the eUoti- £©<;, or actuaria^ ihc T^/atJcovro^a?, llie n yrxouKovroffci^ iht TrivrxKovroooq^ and the 1>csistance had, as they thought, effected their safety. This they rmed properly votiva tabella. Juvenal has a fling at the Roman perstition in this point, when he informs us, that it was the business ' a company of painters to draw pictures on these accounts for the cmpleof Isis; Sat. xii. 27: Quam votiva testantur fana tabella Plurima, pictorcs quis nescit ab Iside paaci? Such as in Isis* dome may be surveyed On votive tablets to the life portrayed Where painters are employed and earn their bread. ^ut the custom went much further ; for the lawyers at the bar ^46 OF THL ROMAN ART QF WAR used to have tlie case of the client expressed in a pictuVc, that, bv hhowing his hard fortune, and the cruelty and injustice of the ad- verse party, they might move the compassion of the judge. Tliis Quiiiiilian declares himself against in his sixth book. Nor was this all ; for such persons as had escaped in any fit of sickness, used to dedicate a picture of the deity whom they fancied to have relieved them. And this gives us a light into the meaning of Tibullus, lib !. Elcg. 3: A'linCt J)ta, nunc ^uccurre mim ; nam posse meden J*>rf" (locet trmplin mii^'" 'fhcUa tuts. Now, j^oddess, now thy loriur'd suppliant heal; Tor votive paints attest thy sacred skill. Thus some Christians in ancient times," upon a signal recovcn of their health, used to offer a sort of medal in gold or silver, on whicli their own effigies were expressed, in honour of the saint whom they thought themselves obliged to lor their deliverance. And thi.. custom still obtains in the popish countries.* " Casaubon in Persium, Sat. 1. v. 88 Dacier on Horace, lib 1. Od. '• PART II.— BOOK V. MISCELLANY CUSTOMS OF THE ROMANS CHAPTER L OF THE PRIVATE SPORTS AND GAMES. A GREAT part of the Roman pomp and superstition was taken jp in their games and shows, and therefore very many of their cus- toms have a dependence on those solemnities. But, in our way, w« should not pass by the private sports and diversions ; not that they iif worth our notice in themselves, but because many passages and allusions in authors would otherwise be very difficult to apprehend. The private games particularly worth our remark are the La^ 'ruiicu//, the Ta/i and Tessera:^ the PiU, the Par impar, and tho Trochus. 1 he game at Latrunculi seems to have been much of the same nature as the modern chess; the original of it is generally referred to Palamedes's invention at the siege of Troy ; though Seneca at- tributes it to Chilon, one of the seven Grecian sages; and some fancy that Pyrrhus, king of Epirus, contrived this sport, to instruct his soldiers, after a diverting manner, in the military art. How- ever, it is certain, it expresses the chance and order of war so very happily, that no place can lay so just a claim to the invention as the ramp. Thus the ingenious Vida begins his poem on this subject: I.udimus effigiem belliy simulataqiie veris Pralia, buxo aciesjictas, et Indicra regna ; XJt gemim inter se I'eges, albusqne, nigcrque^ Pro laude oppositi, certant biculoribus avmis. War's liarmles3 shape we sing-, and boxen trains Of youih, encount'ring on the cedar plains; How two tall kings, by different armour known. Traverse the field, and combat for renown. 1 he chess-men which the Romans used were generally of waxoi /lass; their common name was calculi^ or latrunculi: The poets MH lllL PUIVATK SPORTR OF THE ROMANS. 249 sometimes term them latrones^ wlicncc latrunculus was at firbt derived ; for latro among the ancients signified at first a servant (as the word knave in English), and afterwards a .soldier. Seneca has mentioned this play oftencr, perhaps, than any othc Homnn author; |)articularly in one place, he has a very remarkal)le story, in which he designs to give us an example of wonderful reso- lution and contempt of death ; though some will be more apt to in- terpret it as an instance of insensible stupidity. The story is this : one Canius Julius (whom he extols very much on other accounts; had been sentenced to death by Caligula; the centurions coming by with a tribe of malefactors, and ordering him to bear them com- pany (() execution, happened to find him engaged at this game. Ca- nius upon his first summons, presently fell to counting his men, and bidding his antagonist be sure not to brag falsely of the victory after bis death ; he only desired the centurion to bear witness, that hf had one man upon the board more than his companion; and so very readily joined himself to the poor wretches that were going tc sufTer.* Bui the largest and most accurate account of the latrunculi^ given us by the ancients, is to be met \\\\\\ in the poem to Piso ; which some will have to be Ovid's, others Lucan's, and many the work oi an unknown author. The Tali and Tcsscrd-^ by reason of so many passages in authors equally applicable to both, have oftentimes been confounded with one another, and by some distinguished as a separate game from the iusus alciV.oY dice; whereas, properly speaking, the Greeks and Romans had two sorts of games at dice, the ludua /a/or/rw,or play a*, cock-all, and the ludiis tcsscrarum, or what we call dice. The\ played at the first with the foui luny and at the other with three tes- sera. The tali had but four sides, marked w iih four opposite num bers ; one side with a /Tr.v, and the opposite with a quatre ; onn with an ace, and the contrary with a sice. The dice had six faces, four marked with the same number as the tali^ and the two other:* with a r/tw^and a cinque, always one against the other; so that iu both plays the upper number and the lower, cither on the talufi o: cessera, constantly made seven. There were very severe laws in force against these plays, forbid ding the use of them at all seasons, only during the Saturnaliu though they gamed ordinarily at other times, notwithstanding th" prohibition. lUit there was one use made of them at feasts and cu tcrtainments which perhaps did not fall under the extent of the lav, * Seneca de Tranquil. Aniini, cap. 14. and that was to throw dice who should command in chief, and have the power of prescribing rules at a drinking bout; who in Horace is called arbiter bibcndi. They threw both the tali and the tesserds out of a long box, for which they had several names, asfritillu7n,/iyrgus, turricula, Irca There are many odd terms scattered up and down in authors, by which they signified their fortunate and unfortunate casts ; we may take notice of the best and the worst. The best cast with the tali was, when there came up four different numbers, as tres, quatre, ,Tr, ace : The best with the dice was three sices ; the common term' fur both was Fen us or basilicus ; the poorest cast in both having ^hc name of canis. Pcrsius oi,poscs the senio, and the ranicula, as ?he best and worst chances : Quid dexter senio fnrcty Scire evat in votis ,- damnona canicuia quantvm Liuleret, auifust.e colh nonfaf/ier Orc^, Sat. iii. 4J3. But then nny study was to cog the dice. And dexterously to throw the lucky Sice • To bl.un ./imes-ace that swept my stakes away • ^ And watch the box for fear they should convey i False bones, and put upon me in the play. 5 drfdex. The wiser and seveixr Romans thought this sedentary diversion iit only for aged men, ^vho could not so well employ themselves in any surrmg recreation. " Let them (says old Cato in Tully) have utir armour, their horses and their spears ; let them take their club nd their javelin ; let them have their swimming matches and their iciccs, so they do but leave us, among the numerous sports, the taU :M xh^tesser^r But the general corruption of manners made the ise quite otherwise. Juvenal xiv. 4 ; .SV damnosa seiitm Juvm uwu, ludit et h^res Bidlatvs.purx^oque eudem movet armafvitillo. If gaming does an aged sire entice, -v Then my young master swiftly learns the vice, ( And shakes, in hanging-sleeves, the little box anddice.5 ^nYiu: v Xor was it probable, that this game should be practised with any niodcration in the city, when the emperors xvere commonly profess- ^cl admirers of it. Augustus himself played unreasonably, without ^ny regard to the time of the year.^ But the great master of thi^ ^rt was the emperor Claudius, who by his constant practice (even ^^ he rode about in his chariot) gained so much experience, as to compose a book on the subject. Hence Seneca, in his sarcastical •eiationof the emperor's apotheosis, when after a great many ad ven- '^'•es he has at last brought him to hell, makes the infprnn] In.i^,.. ^ Sueton. All"-, c.in. 7\ 250 rilE PiaVATl. SPORT5 OF THE ROMANS. 251 ? condcnin him ^as the inobt proper punishment in the world) to play continuully at dice with a box that had the bottom out; which kep^. him always in hopes, and yet always baulked his expectations : vV«m qnotiea miaaunis erat resoriante fn'tilh, UtriKjut nubitucto futfiebat tessera J'undo ; CiiftK/ite recollecios uuderrt mittere taJos^ Jjiisiiro .timi/is senipft; sempcr(/iie Jtetcnti^ JJeceffcre fidem .■ repigit^ (lig-ifosf/ne per ipsos Fidlax ussidno dilabitur alea furto. Sic cum jam summi tuug-iuUnr culminn monti':, Irrita Sisypliio zolvuntur pondera olio. For wliensoc'er he shook the box to cast. The rattling- dice delude his eag-er haste ; And if he tried aj^ain, tlje waj^g-ish bone Insensibly was tiiroiig-ji his lingers ^--one ; ^ Still he was throwing-, yet he ne't-r had thrown. 3 So weary Sisyphus, when now he sees The wclconie lop, and feeds his joyful eyes, Straight the rude stone, as cruel fate command^', Fal! i sadly down, and meets his restless hands. The ancients had four sorts oi /li/te or balls, used for exercise an* diversion. Thcyb///.v or balloon, w hich they struck about with thei: arm, guarded for that purpose with a wooden bracer; or, if the balloon was little, they used only their fists. The /lilo trigonalis^ the same as our common balls; to play with this, there used to stand three persons in a triangle, striking it round from one to another , he who first let it come to the ground, was the loser. c Pagunica^ a bull stufi*ed with feathers, which Martial thus describes, xiv. 45: Ilaec gttiC djj/uil/ turgrt Paganica plnma^ Polle minim hixa est, et minus arcta pila. The last sort was the /iar/iastu?n^ a harder kind of ball, which they played with, dividing into two companies, and striving to throw i' into one another's goals, which was the conquering cast. The game at /uir im/iar, or even and odd, is not worth taking no tice of, any farther than to observe, that it was not only proper to the children, as it is generally fancied ; for we may gather from Sue- tonius, that it was sometimes used at feasts and entertainments, in the same manner as the dice and chess.'' The trochua has been often thought the same as the turbo, or top , or else of like nature with our billiards ; but both these opinions arc now exploded by the curious. The trochus therefore was properly a hoop of iron, five or six feet diameter, set all over in the inside with iron rings. The boys and young men used to whirl this along, as our children do wooden hoops, directing it with a rod of iron, .'laving a wooden handle; which rod the Grecians called £A5tT>rf,and the Romans radius. There was need of great dexterity to guide the hoop right. In the mean time, the rings, bv the clattering which ihcy made, not only gave the people notice to keep out of the way but contrd)uled very much to the boys' diversion.- We must take- .arc not to think this only a childish exercise, since wc find Ho- vacc ranking it w ith other manly sports :* Lndcre qui nescit, campestribus abstinet armiu Jfidoctu^qucpiU, discive, trochive guiescif: Dacier on >Iorace, Book. '2. Sat. 2. •^Sueton. in Aug-, cap. 71. CHAPTER II. -FTHE CIRCENSIAN SlIOWS; AND FIRST, OF THE PEXTATHLUM, THr CHARIOT RACES, THE LUDUS TROJ^, AKD THE PYRRHICA S^LTATIo' IT is hard to light on any tolerable division which would take in all the public sports and shows; but the most accurate seems to be that which ranks them under two heads, Ludi Circenses, and Ludi ^cenici: But because this division is made only in respect of the form and manner of the solemnities, and of the place of action, there IS need of another to express the end and design of their institu- tion; and this may be Ludi, Sacri, Fotivi, and FuneSres. The Circensian plays may very well include the representations of sea-fights and sports performed in the amphitheatres; for the former were commonly exhibited in the circus, fitted for that use- and when we meet with the Aamnachi^, as places distinct from the' circus, w^e suppose the structure to have been of the same nature And, as to the amphitheatres, they were erected for the more con- venient celebration of some particular shows, which used before to be presented in the circus, so that in this extent of the head, wc may inform ourselves of the Pentathlum, of the chariot-racel, of ^he Ludus Troj^, of the shows of wild beasts, of the combats of the S'aciiators, and of the Xaiimachitet ? vertat quis niavmora crine supino? ■\Vii:il youtli could wind his hmbs with happier care ? Or Hing the marble quoit with tos3cd-back hair ? Where the poet by crine 8Ujii?io intends only to express the ex tremc motion of the person throwing; it being very natural on that account to cast back his head, and so make the hair fly out behind him.^ Homer has made Ajaxand Ulysses both great artists at this sport: and Ovid, when he brings in Apollo and Hyacinth playing at it. gives an elegant description of the exercise :^ Corpora veste levant^ et succopin^rtis olivx Splendesciinty tatique inetini certamina disci ; Quern p)iuit aaias lihratum Phcebus in uiirrui JMisit^ et opponilas disjccit pondere nubes. Deciilit in solidam loug'o post tempore terrain I'onduiecX£6)(; KecuTTovroe, r^o)^u cu^ixfec 06^et^eti, ^AfJL(pirpvuy ov 'Xcti^x;^«T' ayoivuv "^ A^fii Iv 'iT'TtQaTU) Ktif^r/Xtec* xxi ct actyiiq ^^^ THE CIRCENSIAN SHOWS To drive the chariot, and with steady skill To turn, and yet not break the bend'inj,' wheel, Ampliytrio kindly did instruct his son ; Great in that art; for lie himself had won Vast precious prizes on the Ar|,nve plains: And still the chariot which !»e drove remains, / Ne'er hurt i* the course, though lime had broke the iallintj rciii'iA They who desire to be informed of the exact manner of these racch. >vhich certainly was very noble and diverting, may possibly receive as much pleasure and satisfaction from the description which Virr^il lias left us of ihcm in short, as they could expect from the siL^ht I self. Geor. iii. 103: JVo7j;i And now, confederate grown, in peaceful ranks tl^ey close, j As Crete's famed labyrinth to thousand ways. And thousand darkened walls the guest con^ciys ; Endless, inextricable rounds amuse, And no kind track the doubtful passag**; shewB; OF THE ROMANS. ♦259 So the glad Trojan youth their winding course Sporting pursue, and charge the rival force. As sprightly dolphins in some calmer road Pluy round the silent waves, and shoot along the flood. Ascanius, when (the rougher storms o'erblown) A\ifh happier fates he raised fair Alba's town; This youthful sport, this solemn race renewed. And with new rites made the plain Latins proud From Alban sires, th' hereditary game To matchless Rome by long succession came ; And the fair youth in this diversion trainetl, Troy they still call, and the brave Trojan band. J.azius in his commentaries de Refiubl. /^oma;2a, fancies the justs .nd tournaments so much in fashion about two or three hundred years ago, to have owed their original to this Ludu^ Troj shield. 3 may very well make a hero of the man who slew twenty beasts, all Id in upon him at once, though we suppose them to have been of he inferior kind : Ilerculct laudis numeretur gloria : plus est his denos paritev per domuisse /eras. Count the twelve feats that Hercules has done , Vet, tweiity make a greater, join'd in one. But because this way of engaging commonly proved successful :o the beasts, they had other ways of dealing with them, as by as- sailing them with darts, spears, and other missive weapons, from die higher parts of the amphitheatre, where they were secure from their reach ; so as by some means or other they commonly con- trived to dispatch three or four hundred beasts in one show. In the show of wild beasts exhibited by Julius Caesar in his third consulship, twenty elephants were opposed to five hundred foot- men ; and twenty more with turrets on their backs : sixty men were allowed to defend each turret, engaged with five hundred foot, and as many horse. » The Naumachle owe their original to the time of the first Punic war, when the Romans first initiated their men in the knowledge of sea affairs. After the improvement of many years, they were designed as well for the gratifying the sight, as for encrcasing their naval experience and discipline; and therefore composed one of the solemn shows, by which the magistrates or emperors, or any affect- ers of popularity, so often made their court to the people. The usual accounts we have of these exercises, seem to represent them as nothing else but the image of a naval fight. But it is proba- ble that sometimes they did not engage in any hostile manner, but only rowed fairly for the victory. This conjecture may be confirmed by the authority of Virgil, who is acknowledged by all the critics in his descriptions of the games and exercises to have had an eye al- ways to his own country, and to have drawn them after the manner of the Roman sports. Now the sea contention, which he presents us with, is barely a trial of swiftness in the vessels, and of skill in managing the oars, as is most admirably delivered in his fifth book, 114: Prima pares ineunt gravibus certamina remis Quatuor ex omni delecta classe carincty SiC. The jYaumachia of Claudius, which he presented on the Fucine lake before he drained it, deserves to be particularly mentioned, not more for the greatness of the show, than for the behaviour of the - Book 3. chap. 20. ' Plin. N*t. Hiit. lib. 8. cap 7. :j64 OF THE GLADIATORS. OF THE GLADIATORS. emperor; who when the combatants passed before him with so m lancholy a greeting as ytve imfirrator, morituri te nalutant, returned in answer, Avetc vos ; which when they would gladly have inter prctcd as an act of favour, and a grant of their lives, he soon gave them to understand that it proceeded from the contrary principle o- barbarous cruelty, and insensibility.^ The most celebrated Xainnachia: were those of the emperor Do mitiaYi ; in which were engaged such a vast number of vessels a would have almost formed two complete navies" for a proper fi^h; together with a proportionable channel of water, equalling the d! mensions of a natural river. Martial has a very genteel turn on thi subject. S|)cctac. 24: Si ijuis tides loji^is aerus s//ectator ab ovis, Cui lux prima xacri niunevifi istu diesy .A> te deci/fiut ratilmn inivalis Knj/o, Kt par itnda frciiit .• hie mudo terra fnit. A*un crtdis :-' spfctts diim kuent ivquorn JMurtem , Pai"iKi vwra e.s-t, dicof, hie modo pontm crat. Stranger, whoe'er from distant parts arrivM, Hut this one sacred day in Home lias liv'd ; Mistake not the wide flood, and pompous sliou Of naval combats ; here was land hut now. Is this beyond your credit ^ Only stay "} "Pill Tionj the fl^dit the vessels bear away; ^ You'll cry with wonder, here but now was sea Ij it is related of the emperor Ileliugabaius, that, inareprcsentatio uf a naval fight, he filled the channel where the vessels were to ride, with wine instead of water ;> a story scarce credible, though wf have the highest conceptions of this prodigious luxury and extra- 265 '.'agance. CIIAPTKR I\ OF T!IE GLAUIATOKS. rj I L first rise ol the Gladiators is referred to the ancient custom o> killing persons at the funerals of great men. For the old heathens fancying the ghosts of the deceased to be satisfied and rendered propitious by human blood, at first they used to buy captives, or un- toward slaves, and ofTercd them at the obsequies ; afterwards they Mioton. Claud, cap. 43. Tacit. An. xiii. Sucton in Domit. cap. 4. v Lampridius in Ilelio^ab. contrived to veil over their impious barbarity with the specious show of pleasure and voluntary combat ; and therefore, training up such persons as they had procured in some tolerable knowledge of wea- pons, upon the day appointed for the sacrifices to the departed e^hosts, they obliged them to maintain a mortal encounter at the tombs of their friends. The first show of Gladiators (Afunus ^Gla- diatorium) exhibited at Rome, was that of IM. and D. Brutus, upon ;hc death of their father, A. U. C. 490, in the constdship of Ap. Claudius and M. Fulvius.* Within a little time, when they found the people exceedingly pleased with such bloody entertainments, they resolved to give them the like diversion as soon as possible, and therefore it soon grew into a custom, that not only the heir of any great or rich citizen newly deceased, but that all the principal magistrates, should take occa- sions to present the people with these shows, in order to procure iheir esteem and affection. Nay, the very priests were sometimes the exhibitors of such impious pomps; for we meet with the Ludi P'jutlficulcs in Suetonius,^ and with the Ludi Sacerdotales'm Pliny.« As for the emperors, it was so much their interest to ingratiate dicniselves with the commonalty, that they obliged them with these shows almost upon all occasions ; as on their birth-day, at the time ot'a triumph, or after any signal victory, at the consecration of any public edifices, at the games which .several of them instituted to re- turn in such a term of years; with many others, which occur in every historian. Uid as the occasions of these solemnities were so prodigiously iiu reased, in the same manner was the length of them, and the lumber of the combatants. At the first show exhibited by the Bruii, it is probable there were only three pair of Gladiators, as mav •c gathered from that of Ausonius ; Trea pvimas Thracum prismas, tribes ordinc br/b'.fj Juniadx putrio inferias miscre sepidchro. Vet Julius C-.£sar in his acdileship presented three hundred and wenty pair.^ The excellent Titus exhibited a show of Gladiators, ^vild beasts, and representations of sea-fights, an hundred days to- •^tther;' and Trajan, as averse from cruelty as the former, conti- ' vied the solemnity of this nature a hundred and twenty-three days, 'uring which he brought out a thousand pair of Gladiators.^ Two I'ousand men of the same profession were listed by the emperor )lho to serve against Vitellius. Nay, long before this, thev were "^al. Max. Jib. 2. cap. 4 " August, cap. 44. ^-pist. Jib. r. <* Plutarch, in Csesar « Dio. hb. 68. ■ Tacitus. 266 Of THE GLADIATORS. SO very numerous, that, in the time of the Catilinarian conspiracy, an order passed to send all the {gladiators up and down into the gar- risons, for fear they should raise any disturbance in the city,<^ b\ joininpj with the disaffected party. And Plutarch informs us, that the famous Spartacus, who at last gathered such a numerous force as to put Rome under some unusual apprehensions, was no more than a Gladiator, who, breaking out from a show at Verona, with the rest of his gang, dared proclaim war against the Roman state.' In the mean time, the wise and the better Romans were very sen sible of the dangerous consequences which a corruption of this na- ture might produce; and therefore Cicero preferred a law, that no person should exhibit a show of Gladiators within two years before he appeared candidate for an office.* Julius Caesar ordered, tha! only such a number of men of this profession should be in Rome at a time.j Augustus decreed that only two shows of Gladiators shouk! be presented in a year, and never above sixty pair of combatants iii a show.** Tiberius provided by an order of senate, that no person should have the privilege of gratifying the people with such a so Icmnity, unless he was worth four hundred thousand sesterces.' Ncrva in a great measure regulated this affair, after the many abuses of the former emperors ; but the honour of entirely removing this barbarity out of the Roman world was reserved for Constantinc the great, which he performed about the year of the city 1067, nigh bix hundred years after their first institution. Yet under Constan- tius, Theodosius, and Valentinian, the same cruel humour began to revive, until a final stop was put to it by the emperor Hoiioriub, the occasion of which is given at large by the authors of ecclesias- tical history. This much may be proper to observe in general, concerning the origin, increase, and restraint of this custom. For our farther infor- mation, it will be necessary to take particular notice of the condition of the Gladiators, of their several orders or kinds, and of their man- ner of duelling. As for their condition, they were commonly slaves, or captives; for it was an ordinary custom to sell a disobedient servant to the La7iist(S^ or the instructors of the Gladiators, who, after they had taught them some part of their skill, let them out for money at z show. Yet the freemen soon put in for a share of this privilege to be killed in jest; and accordingly many times offered themselves to hire for the amphitheatre, whence they had the name of Juctorati Sallust. Catalin. % Plutarch, in Crass. • Cicero, in YMin. j Suet. Cxsar. cap. 10. k Dio. I Tacit. An. 4, OF THE GLADIATORS. 267 Nay, the knights and noblemen, and even the senators themselves, at last, were not ashamed to take up the same prof<;ssion, some to keep themselves from starving, after they had squandered away their estates, and others to curry favour with the emperors; so that Augustus was forced to command by a public edict, that none of the senatorian order should turn Gladiators ;•» and soon after, he laid the same restraint on the knights." Yet these prohibitions were so little regarded by the following princes, that Xero presented at one show (if the numbers in Suetonius are not corrupted) 400 senators, and 600 of the equestrian rank." But all this will look like no wonder, when, upon a farther search, we meet with the very women engaging in these public encounters, particularly under Nero and Domitian. Juvenal has exposed them very handsomely for this mannish humour in his sixth Satire, 254* Quale (lecus rerum, si conjii^s audio fiat, Baltms et mamde, et cristce^ crunsque sijiistvi Dimidium teamen ? vet si diversa inoveblt Fralia^ tu felix, ocreas vendeiite puella. Hit ainit giue tniui sitdant in cyclade : quarum Delicias et paniiicitliis boinbycinus urit. ^iclspise quo fremitu monstratos perfei-at ictus^ Et quanto gale,x curvetiir pondere ,- quanta Poplitibus sedeaty qvam densa fascia libra / Oh ! what a decent sight 'tis to behold All thy wife's magazine by auction sold? The belt, the crested plume, the several suits Of armour, and the Spanish-leather boots! Yet these are they that cannot bear the heat Of figured silks, and under sarsenet sweat. Behold the strutting Amazonian whore. She stands in guard, with her right foot before; Her couts tucked up, and all her motions just; She stamps, and then cries hah ! at every thrust. dktden. Yet the women were not the most inconsiderable performeis,for a more ridiculous set of combatants are still behind ; and these were the dwarfs, who, encountering one another, or the women, at these public diversions, gave a very pleasant entertainment. Statins has 'eft us this elegant description of them : Sylv. I. vi. 57. J/ic audax subit ordo pumilonim^ Quos natura bvevi statu peractoftf J^odosum semel in globum ligavit. Edunt vulnerOy conseruntque dextras, Et mortem sibiy qua mamtf minentur^ Bidet Mars pater, et cnicnta Virtus ,- Casuraeqiie vagis grues rapinis, Jyiirant^ir pumilos ferociores. To mortal combat next succeed Bold fencers of the pigmy breed, ^ Dio. lib. 48. « Idem, Ncr. cap. 12 " Sueton. Aug. cap. 45. Dio, lib. 54. :68 OI TUL GLADIATORS. Whom Nature, when she half had wrought, Not worth lior farther labour tljouijht, lUit closcfl the rest in one liard knot. With wliat a ^vacc they drive their blow. And ward their jolt-head from tiicir foe ' Old Mars and rig-id Virtue smile At their redoubtetl champions' toil. And cranes, to please the njol), let fly, Adnnred to see their enemv vSo often by themselves o'ercome. Inspired with nobler hearts at Home. The several kinds of (iladiu.*,; , worth obsf.rving were the Re uariij ihc Sccutorf's,\.\\(^ Myrmillonc.s^\.\\c Tliracians^ the Hamnitea the I'injiirafii^ the Ks.stdarii^ and the yJndadata.'. But, bcfurc wc enquire particularly into the distinct orders, we may take notice ot several names attributed in common to some of every kind upon various occasions. Thus we meet with the CUadiutore-i 2'\frridia?Nj who engaged in the afternoon, the chief part of the show being iinished in the morning. Gladiatores luscalci:^ those who were maintained out of the cmpcror's7?.vri^.?, or private treasury, such as '\rrian calls Kct/s-;*^*? f4.o\oitocx^q, Cxsar's Gladiators : Gladiatores J^ostulatitii^ commonly men of art and experience, whom the people particularly desired the emperor to produce; Gladiatorcfi Catcr- I'arii, such as did not fight by pairs, but in small companies. Sue- tonius uses Catcrvarii Piiifili's in the same sense.? Gladiatores Ordinarily such as were presented according to the common man- ner, and at the usual time, and fought the ordinary way ; on which account they were distinguished from the Catervarii and the Poi tnlatitii. As for the several kinds already reckoned up, ihey owed their dis- tinction to their country, their arms, their way of fighting, and such circumstances, and may be thus, in short, described: The Retiarius w as dressed in a short coat, having a Fuftciua or tri- dent in his left-hand, and a net in his right, with which he endea- voured to entangle his adversary, and then with his trident might easily dispatch him ; on his head he wore only a hat tied under his chin with a broad riband. The iiecutor was armed with a buckler and a helmet, wherein was the picture of a fish, in allusion to the net. II is weapon was a scymeter, ovfalx su/iina. He was called Scci^tor, because ifthei^f//aW/.'s,against whom he was always matched, should happen to fail in casting his net, his only safety lay in flight ; so that in this case he plied his heels as fast as he could about the place of combat, till he had got his net in order for a second throw; in the mean time this -SVcw/oror follower pursued him, and endeavoured to prevent his design. Juvenal is very happy in the account he gives • Aug-, cap. 45, OF THE GLADIATORS. 269 US of a young nobleman that scr.ndalonsly turned Retiarius in the ■cign of Xero; nor is there any relation of this sort of combat so exact in any other author. -Et illic nee mynnilloins in avmis^ Dedecas urbis hajes AVc clypeo (hucchian pugnantem nut fake supinxi, ( Damnat e>ti,n t.den ha'utuf, sed damnat et odit .) J\''tc galea faciein uhaco.uht, mo7\t ecce tridentem, PoaUivam Uhnita pendentia r.-tia dertru ^Veyuici^uuw cfndit^ nudum nd apectacuhi vultmn Evigit, Lt tote Jug-it agnoscendi/s arena. Cre.iamu!,- tumce. de faucibus auvea ann se Po) iguij et longo Jacietur spira galero .• ■Ei-r ., 'gnominiam graviureni pevtidit omni Vufnere, cum Graccho Jussus pugnave secvtor. Sat. viii. 199. Go to the lists where feats of arms are shown, ) There you'll find Gracchus, from Patrician grown C A fencer, and the scandal of the town. ^ Nor will ]ie the Myrmillo's weapons bear. The modest helmet he disdains to wear. As Retiai'iva he attacks his ioe ; First waves his trident ready for the throw. Next casts his net, but neither levell'd right, '] He stares about, exposed to public sight; Then places all bis safety in his flight. Uoom for the noble Gladiator ! see Iliscoat and hat-band shew his quality. Thus when at last the brave Myrmillo knew *Tvvas Gracchus was the wretch he did pursue. To conquer such a coward grieved him more. Than if he many glorious wounds had bore. .•stepney. Here the poet seems to make the Myrmillo the same as the Seen- '>r,and thus all the comments explain him. Yet Lipsius will have the Myrmillones to be a distinct order, who fought completely arm- ed; and therefore he believes them to be the Crw/2<>//ar/7 of Taci- lus,q so called from some old Ciallic word, expressing that they could jnly creep along, by reason of their heavy armeur. The Thracians made a great part of the choicest Gladiators, that nation having the general repute of fierceness and cruelty beyond iherest of the world. The particular weapon they used was the sica, 'jr falchion; and the defence consisted in a fiarma^ or little round sliicld, proper to their country. The original of the Samnite Gladiators is given us by Livy ; The ^'anipanians, says he, bearing a great hatred to the Samnites, they ^nncd a part of their Gladiators after the fashion of that country, 'Hd called them Samnites.' What these arms were, he tells us in another place; they wore a shield broad at the top, to defend the ')reast and shoulders, and growing more nan^ow towards the bottom, hat it might be moved with the greater convenience; they had a ^ Annal. lib. 5. rLih.9. .)6 '270 in llli: GLADIATORS. suif r»( lH:lt ' oniiii^ovcr Iheir hrrast, a ^rcavc on 'Jieir left foot, anrj a crested helmet on their heads; whence it is plain (hat desrriptiorj nfthr Aniazf)nian fencer already i;iveii from Juvenal is expressly meant of assumint; the airnonr and duty of a Samnilc (iladiator: Ditnixliuvi trifmen. TIk! Pnuur^ which adorned the Sunniite's helmet, denomiiiutci anoilur sort f)f (iladiatois /'"• /•«///, because, l)cin^ matched with li»e Samnites, ihcy used to caicii at those I'lima:^ and hear them oiT in triumph, as marks of their victory. Dr. Holiday takes the I'inn • rufni:< to he the same as the HrfiariUH.^ Lipsius fancies the Prrjcitrdforrs^ mentioned by (>icero in his ora- tion for P. Scxlius, lf> hav<' been a distinct species, and that they were };eni;rwdly matched with the Sami»itcs ; thouj^h perhaps the words of Cicero may be thought not to imply so much. The I InfUouHichi^\\\\on\ we meet with in Seneca^ and Suetonius,' niuy prol)al)ly be the same cither with the Samnites or Mijruul' lojH'S'^ called by the (ireek name oTrAouu^oi, because they fought in armour. The /''.v. (rsxrda)^ though perhaps at other times they fou^dit on fool like tlic rest. The r.sscduin was a sort of wai^i^on, from which the Ciauls and the Britons used to assail the Romans in their engagements uiih them. The Ayulahatify or 'Avceotserot^, fought on horseback, with a sort of helmet that covered all the face and eyes, and therefore, Andahata- rum more /iHg-fiarr, is lo combat blindfold. As to the manner of the Ciladiators' combats, wc cannot apprehend it fully, unless we take in what was done before, and what after the fight, as well as the actual engagement. When any person designed to oblige the j)cople with a show, lie set up bills in the public places, giving an account of the time, the number of the Gladiators, and other circumstances. This they called Mu}ius /ironunciarr^ov firofi^j- nere ; and the libcUi or bills were somciimes termed cdicta; many times, besides these bills, they set up great pictures, on which were described the manner of the fight, and the effigies of some of the most celebrated Ciladiators, whom ihey intended to bring out. This custom is elegantly described by Horace, Book 2. Sat. vii. 95 : V el cum Pausiaca toipeSf insane, tabella. Qui /)eccas milium, luque e^o, cum Ftdx'i, Rutubitque « Illustration of Juvenal, Sat. 3. '' Scncc. Epist. 39. Sueton. Calig. y^ ' Controvcrs. lib. 3. Claud. 21. " In Culig. 3. w In Epistolis. OF Tirn GLADIATORS. 071 .flttt Plaridtmin, (mitento fio/tlilc, miror J*raUn, ruhmafnita out rni/jone, rphitu lieTern fnitnif-nt, frnrint, litrnff/ue moventes Jlrmn Tin ? Or when on some rare piece you wonflVing stand, .\nd praise the colours, and the master's hand, Arf yon hs3 vain than f, when in the street 'I iic painted canvas holds my ravish*! sight ^ ^Vherc with hent knees the skilful f-nccrs strive To speed tlieir pass, as if they moved alive ; And with new sleights so well expressed engage, I hat I amazed stare up, and think them on the stage. At the appointed day for the show, in the first place, the f iladia- tors were brought out all together, and obliged to take a . ucuit round the arrna in a very solemn and pompous manner. After this, they proceeded /^ar/V/ comfi^jnerc, to match them by i)airs, in which care was used to make the matches equal. Before the combatants fell to It in earnest, they tried their skill against one another with ir.orc harmless weapons, as the Ridden, spears without heads, the Junted swords, the foils, and such like. This Cicero admirably >,. -ervcs : " Si in illo ipso gladiatorio vitae certamine, quo ferro decer- iiitur, tamen ante congrcssum uiulta fiunt, qux non ad vulnus, sed ad .pecicm valcrc videantur : quanto magis hoc in oratione cxpectan- lum est '" " If in the mortal combats of the Gladiators, where the Mctory is decided by ai'ms, before they actually engage, there are se- veral flourishes given, more for a show of art than a design of hurt- ing; how much more proper would this look in the contention of an orator r" This flourishing before the fight was called in common Prxluaio^ or, in respect to the swords only, Ventilatio. This exer- isewas continued, till the trumpets sounding gave them notice to enter on more desperate encounters, and then they were said verterc Ita rem natam esie intelli^o, J^'ecesaum est vorsis arms d^pv^arier. Flatt. The terms of striking were fietere and rcj.ccLrc ; of avoioing a ^low, ejcire, Virg. .£n. v. 4C8. Corpore tela modo, atqixe oculis vijilantidns exit. ^^ hen any person received a remarkable wound, either his adver- ^viry or the people used to cry out, /labet, or hcc hat--. This Vjrgil alludes to. .Encid :c;i. 291 : ■Teloque orantem midta, trabali Den/ per aitua equo graviter ferity atque ita fat ur, Hoc habot : hjec mapiis melior data -cictima dixis. Him, as much he prayed. With his huge spear Messapua deeply struck From his high courser's back, and chasing spoke. * He has it;' and to this auspicious blow^ A nobler victim the great gods ihall o^e. I 272 OF THE GLADIATORS. OF THE GLADIATORS. 273 The parly who was worsted submitted his arms, and acknowl edgeJ himseli" conquered; yet this would not save his life, unless the peo- ple pleased, and therefore he made his application to them for piiy Tiie two signs of favour and dislike tjivcn by the people were, /in. 7/nre /loi/iccmj and ^>erierc /lol/iccm, phrases which the critics have quarrelled much about to little purpose. But M. Dacicr seems tu have been more happy in his explanation than his predecessors The former he takes to be a clenching of the lingers of both hand< between one another, and so holding the two thumbs upright close together. This was done to express their admiration of the art and courage shewed by both combatants, and a sign to the conqueror to spare the life of his antagonist, as having performed his part re- markably well. Hence Horace, to signify the extraordinary com- mendation that a man co-.dd give to one of his own temper and dis- position, says, Ep. xviii. 66 : Fautor utror/ne iuiim laudabit pnllicr huhnn. And Menander has ^•-Kn/Aoy? Tns^sn, /o /irfss the^/int^rrs, a cuslom on the (irecian stage, designed for a nmrk of approbation, answer- able to our clapping. But the contrary motion, or u'jij.iing back of the thumbs, signi- fied the dissatisfaction of the spectators, and authorized the victoi to kill the other combatant outright for a coward: ■Vevso ftolice viilg-i QuemliLet orcidunt popttlaviter.- Juv. Sat. 3. 36. \> here, influenced by the rabble's bloody will, With tluimbs bent back, they popularly kill. Besides this privilege of the people, the emperors seem to have had the liberty of saving whom they thought fit, when they were present at any solemnity, and, perhaps, upon the bare coming inoi the emperor into the place of combat, the Gladiators, who in th.r instant had the worst of it, were delivered from farther danger: desoris advnitn tuta Gladiator arena Exity ct niwilium 71011 leve vidtns hahet. Where Cncsar comes, the worsted fencer lives. And liis bare presence (like the gods) reprieves. After the engagement, there were several marks of Ktvour confer red on the victors, as many times a present of money, perhaps ga (hered among the spectators, which Juvenal alludes to. Sat. 7: Acclpe victrM popnlns quod pmtulat aunnn. Take the gains A conquering fencer from the crowd obtains. But the most common rewards were i\\c fiileus and the rud;.^ ; the former was given only to such Gladiators as were slaves, for a token of their obtaining freedom. The rudis seems to have been bestowed both ou slaves and freemen, but with this difference, that it procured ior the former no more than a discharge from any farther perform- ance in public, upon which they commonly turned iauiatt^, spending iheir time in training up young fencers. Ovid calls it tiita rudis: Tutaque deposito poacitiir ense rudia. But the rudis, wdien given to such persons as, being free, had hired themselves out for these show^s, restored them to a full en- joyment of their liberty. Both these sorts of rudiarii, being excused from farther service, had a custom to hang up their arms in the temple of Hercules, the patron of their profession, and were never called out again without their consent. Horace has given us a full account of this custom, in his first epistle to Maecenas: Prima dictc mihif smnrna dicetidc camocna^ Spectatiim satis, et doiiatum jam rudc^ quceris, JiLecerias, iterum antiquo me includerc ludo. JVon cadtin est >etasy non mens, Vejtiniiis, armis Herculis ad postern ft oris, latet abditus agroy J\'e populiim extrema toties exoret arena. Mreccnas, you whose name and title grac'd My early labours, and siiall crown my last : Now, when I've long engag'd with wishM succes?, And full of fame, obtain'd my writ of ease ; While sprightly fancy sits with heavy age. Again you'd bring itie on the doubtful stage. Vet wise Vejanius, hanging up his arms To Hercules, yon httle cottage farms; ^.est he be forc'd, if giddy fortune turns. To cringe to the vile rabble, whom he scorns. f he learned Dacier, in his observations on this place, acquaint.s us, that it was a custom for all persons, when they laid down any art: or employment, to consecrate the proper instruments of their call- ing to the particular deity who was acknowledged for the president of that profession. And therefore the Gladiators, when thus dis- charged, hung up their arms to Hercules, who had a chapel by every amphitheatre; and, where there wTre no amphitheatres, in circos; and over every place assigned to such manly performances, there stood a Hercides with his club. We may take our leave of the Gladiators with the excellent pas- sage of Cicero, which may serve in some measure as an apology for the custom : Crtidele Gladiatorum sfiectaculum et inhumanuhi noTuiullis x'ideri solet ; et hand 6cio an 7i6/n ita sit, ut nunc Jit : cunt vtro sontes ferro dcfiugnabant, auribus fortasse multx^ oculis qui' dem nulla fiotcrat esse fortior contra dolorem et mortem discifilina^ " The shows of (iladiators may possibly to some persons seem bar- barous and inhuman : And indeed, as the case now stands, I cannot say that the censure is unjust ; but in those times, when only guilty » Tuscal. Qusest. 2. \ : ^ 274 THE SATIRES persons composed the number of combatants, the ear perhaps midi' receive many better instructions ; but it is impossible that any thinjv which afi'ccls our eyes should fortify us with more success againb». the assaults of iijrief and death." CHAPTER V. OF THE I.IDI SCEXIfl, OK STAriK-PLAYS : AND FIRST, OF THE SATIRI s AND THE MIMIC PIECES, WITH THE RISE AND ADVANCES OF SUCH ENTEKTAINMKNTS AMONO vm- un\f\\^ THE Ludi Scenici, or stage plays, have been commonly divided into four species, Satire, Mimic, Trai^edy, and Comedy. The elder Scalii^cr will have satire to have proceeded from tragedy, in the same manner as the mimn.w from comedy; but we are assured ihib was in use at Rome, long before the more perfect dramas had gained a place on the stage Xor has the same excellent critic been more happy in tracing the original of this sort of poetry as far as Greece: For wc cannot suppose it to bear any resemblance to the chorus, or dance of satyrs, which used to appear in the theatres at Athens, as an appendage to some of their tragedies, thence called Satyrique. 'J'his kind of Circek farce was taken up purely in the characters ot mirth and wantonness, not admitting those sarcastical reflections which were the very essence of the Roman satire. Therefore Ca- saubon and Dacier, without casting an eye towards Greece, make no question but the name is to be derived from satura, a Roman word signifying^//; the 7i bein?: rhnnged into nn /, after the same manner as ofituvru,^ and .........„,„.., v. ere afterwards spelt ofithnuff and „-. , mnifi. Satura, being an adjective, must be supposed to relate to the substantive /ff?/.r, a platter or charger ; such as they fdled yearly with all sorts of fruit, and ofiercd to their gods at their festival, as the firimitic:, or first gathcrintrs of the season. Such an cxprcsion might be well applied to this kind of poem, which was full of various matter, and written on different subjects. Nor arc there wanting other instances of the same way of speaking; as par- ticularly fur sutnrum scn(rnti(i.s exi/uirere, is used by Sallust, to signify the way of voting in the senate, when i»eiiher the members were told, nor tlie voices counted, but all gave their suffrages pro- misrtJoiis!i-. nnd - it].r>..f observing any order. And the Histonx or THE ROMANS. 275 >iatur£'^ QY per Saturuvi^ of Fcstus, were nothing else but miscella- neous tracts of history. The original of the Roman satire will lead us into the knowledge of the first representations of persons, and ihc rude essays towards dramatic poetry, in the rustic ages of Uonie; for which we are beholden to the accurate research of Da- ricr, and the improvement of him by Mr. Dryden. During the space of almost four hundred years from the building ot the city, the Romans had never known any entertainments of the stage. Chance and jollity first fijund out those verses which they (ailed Satiiniian^ because they supposed such to have been in use under Saturn, and Fcsceiuiijir^ from Eescennia, a town of Tuscany, uhere they were first practised. The actors, upon occasion of mer- limcnt, with a gross and rustic kind of raillery, reproached one another ex tcmfiorr with their failings; and at the same time were nothing sparing of it to the audience. Somewhat of this custom was afterwards retained in their Saturnalia^ or feast of Saturn, cele- brated in December ; at least all kind of freedom of speech was then allowed to slaves, even against their masters ; and we are not with- out some imitation of it in our Christmas gambols. We cannot have a better notion of this rude and unpolished kind of farce, than by imagining a company of clowns on a holiday dancing lubberly, and upbraiding one another, in ex temjiore doggerel, with their de- fects and vices, and the stories that were told of them in bake-houses and barbers' shops.4^ This rough-cast uidiewn poetry was instead of stage-plays, for the space of a hundred and twen y years together; but then, when they began to be somewhat better bred, and entered, as one may say, into the first rudiments of civil conversation, they left these hedge-notes for another sort of poem, a little more polished, which was also full of pleasant raillery, but without any mixture of ob- scenity. This new species of poetry appeared under the name of satire, because of its variety, and was adorned with compositions of music, and with dances. When Livius Andronicus, about the year of Rome 511, had in- troduced the new entertainments of tragedy and comedy, the people neglected and abandoned their old diversion of satires; 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 act their farces in the nature of a separate representation from their tragedies. A year after Andronicus had opened the Roman stage with his new dramas, Ennius was born, who, when he was grown to man's estate, having seriously considered the genius of the people, and how 276 THL SATIRES OF TIIK ROMANS. "^171 eap:erly they followed the fust satires, thought it would be worth hi> \vl»ile to refine upon the j^rojccl, and to write satires, not to be acted on the theatre, but read. The event was answerable to his exncc- latifm. arid his design, beinj^ improved by Pacuvius, adorned withj iTn»re f^f ar.cdu! turn by Lucilius, and advanced to its full height bv T? ;jcc, Ju^ci.al, and Persius, grew into a distinct species of poetry, uij ^^ V v-r met with a kind reception in the world. To the same original we owe the other sort of Satire, called Varronian^ fromthe learned Varro, who first composed it. This was written freely without any restraint to verse or prose, but consisted of an inter- mixture of both ; of which nature arc the Satyricon of Petronius, Seneca's mock deification of the emperor Claudius, and Bocthius's cons.Wations. As for the Aliniun^ from Mif4.u(rdxt, to imitate^ Scaligcr defines it to be, ^' a poem imitating any sort of actions, so as to make them appear ridiculous. "> The original of it he refers to the comedies, in which, when the rhorus went ofithc stage, they were succeeded ])y a sort of actors, who ^iit ,1 tf,] the audience for some time with apish postures nnd aiuit ii.uk • . TIk y were not masked, but had their faces smeared over with soot, and dressed themselves in lamb- skins, which are calbd rcscia^ in the old verses of the Salii. They ^vore garlands of ivy, and carried baskets full of herbs and Howcrs, to t!»c honour of H:>cchus, as had been observed in the fiibl institution of the custom ui Athens. They ar^d always bare-foot, and were thence called Ptani/iedes. These diversions being received with universal applause by the people, the actors look assurance to model them into a distinct en- tertaiimicnt from the other plays, and present them by themselves. And perhaps it was not till now that they undertook to write several pieces of poetry with the name of Mimi, representing an imperfect sort of drama, not divided into acts, and performed only by a single person. These were a very frequent entertainment of the Koniaii stage, long alter tragedy and comedy had been advanced to their full height, and seemed to have always maintained a very great esteem in the town. The two famous mimics, or Payitomimi^ as they called them, were Laberius and Publius, both contemporary with Julius Caesar. La- berius was a person of the equestrian rank, and, at threescore years of age, acted the mimic pieces of his own composing, in the games which Caesar presented to the people ; for which he received a re- ward of five hundred &esfrrtia and a gold ring, and so recovered the y De Re Foet. lib. I. wp. 10. Honour which he had forfeited by performing on the stagc.^ Ma- crobius has given a part of a prologue of this author, wherein he secins to complain of the obligations which Caesar laid on him to appear in the quality of an actor, so contrary to his own inclination, and ".o the former course of his life. Some of them, which may serve for a taste of his wit and style, are as follow : Fortrmiii immoderata in bono if que atquc in vudu^ Si tibi evat libitum literin'um laudibus Flovis cacumen nostra faiHiX frangevcj Cur^ aim vigtlmm membris pvxvindantibus^ Satiffacerv popvlo et tali cum poteram viro, JWn Jhj-ibilem mt- concuiTQSti ut cavperes? JVv7ic me quo dtjices ? Qr/id ad scenam affcvu .- JJecoix'm formde, au diiputatem corporis? Jlnimi vivtutein^ an Tocis jitcttvda; somtm • Ut hedera .serpens virrs ui-boreas nccat ; Ita mc vetu-stas avipleaii aunovitm eiucat. Sepulchvi similiHy luliil nisi nomen rctineo. Horace indeed expressly taxes his compositions with want of elegance,* but Scaliger** thinks the censure to be very unjust; and •hat the verses cited by IVlacrobius are much better than those of Horace, in which this reflection is to be found. There goes a sharp repartee of the same Laberius upon Tally, when, upon receiving the golden ring of Caesar, he went to resume .his seat among the knights ; they out of a principle of honour seem- ed very unwilling to receive him : Cicero particularly told him, as he passed by, that indeed he would make room for him with all his heart, but that he was squeezed up already himself. No wonder •says Laberius) that you, who commonly make use of two seats at 'jiice, fancy yourself squeezed up, when you sit like other people. In which he gave a very severe wipe on the double dealing of the orator.^ Publius was a Syrian by birth, but received his education at Rome In the condition of a slave. Having by several specimens of Avit ob- -ained his freedom, he set to write mimic pieces, and acted them with wonderful applause about the towns in Italy. At last, being *)rought to Rome to bear a part in Caesar's plays, he challenged all ihe dramatic writers and actors, and won the prize from every man of them, one by one, even from Laberius himself.*^ A collection oi sentences taken out of his works is still extant. Joseph Scaliger gave them a very high encomium, and thought it worth his while to turn them into Greek. •^ Sact. in Jul. cap. 39. Macrob. Saturn, lib. 2. cap. 7. * Lib. 1. Sat. 10. ^ Macrob. Saturn, lib. 2. cap. 7 ^ De Re Poet. lib. 1. cap. 10. ^ Ibid. 37 I 27 S THE TRAGEDY AND C0MED7 OF THE ROMANS. 279 CHAP. VI OF IHE ROMAN TRAGEDY AND COMEDY. THE Roman Tragedy and Comedy were wholly borrowed from the Grecians, and therefore do not so properly fall under the present design ; yet, in order to a ri^ht understanding of these pieces, there is scope enough for a very useful inquiry, without roaming so far as Athens, unless upon a necessary errand. The parts of a play, agreed on by ancient and modern writers, are these four: Firs: the Protasi.s, or entrance, which gives a light only to the charac- ters of the persons, and proceeds very little to any part of the ac tion. Secondly, the KfiitasiSy or working up of the plot, where the play grows warmer; the design or action of it is drawing on, and you see something promising that will come to pass. Thirdly, the Catafstafifi^ or, in a Roman word, the Status^ the height and full growth of the play : this may properly be called the counter-turn, •which destroys that expectation, embroils the action in new diflicul- culties, and leaves us far distant from that hope in which it found us. Lastly, the Cataatrofihe^ or Awt<5, the discovery, or unravelling of the plot. Here we see all things settling again on their first founda- tion, and, the obstacles which hindered the design or action of the play at once removed, it ends with that resemblance of truth and nature, that the audience are satisfied with the conduct of it.« It is a question whether the first Roman dramas were divided into acts; or at least it seems probable, that they were not admitted into co- medy, till after it had lost its chorus, and so stood in need of some more necessary divisions than could be made by the music only. Yet the five acts were so established in the time of Horace, that he gives it for a rule, Ars Poet. 189 : THE ROM A NTs. 289 plague then laging in Rome, which tliey thought might, in some measure, be allayed by that act of religion.'' LuDi Capitolini, instituted to the honour of Jupiter Capitolinus. upon the account of preserving his temple from the Gauls. A more famous sort of Capitolinc games were brought up by Uomi- tian, to be held every five years, with the name of Jgoues Cafiito- am, in imitation of the Grecians. In these the professors of all sorts had a public contention, and the victors were crowned and present- ed with collars, and other marks of honour. LuDi HoMAM, the must ancient games, instituted at the first building of the Circus by Tarquinius Priscus. Hence, in a strict sense, Liidi Circenses are often used to signify the same solemnity They were designed to the honour of the three great deities, Jupi- ter, Juno, and Minerva. It is worth observing, that though they were usually called Circtnseii, yet in Livy we meet with the Liidi ui ?ncini Hccfiici,' intimating that they were celebrated with new sports. The old Fasti make them to be kept nine days together, from the day before the Nonts, to the day before the Ides of September: in which too we find another sort of Ludi Romani, celebrated five days together, within two days after these. P.Manutius thinks thc^ lust to have been instituted very late, not till after the prosecutioi: •>f Vcrres by Cicero.* LuDi CoN'sLALEs, instituted by Romulus, with design to surprise iJic Sabine virgins; the account of which is thus given us by Plu- iurch : " He gave out as if he had found an altar of a certain god hi'; under the ground ; the god they called Consus, the god of counsel . Uiis is properly Neptune, the inventor of horse-riding ; for the altar IS kept covered in the great Circus; only at horse-races, then it ap pears to public view ; and some say it was not without reason that this god had his altar hid under ground, because all counsels ought to be secret and concealed. Upon discovery of this altar, Romulus, bv proclamation, appointed a day for a splendid sacrifice, and for public games and shows to entertain all sorts of people, and many flocked timber; he himself sat uppermost among his nobles, clad in purple Xow the sign of their filling on was to be, whenever he arose and g:atbcred up his robe, and threw it over his body : his men stood all ready armed, with ihcir eyes intent upon him; and when the sign svas given, drawing their swords, and fnlling on with a great shout, liore away the daughters of the Sabines, they themselves flying, uithoiit any let or hindrance." These games were celebrated vearlv T.iv I'b "-^ T •!. ' !i4rtnut. in \ crrin. jii the twelfth of the Kalends of September, consisting for the most part of horse-races, and encounters in the Circus. Ludi Compitalitii, so called from the Comfiita^ or cross-lanes, where they were instituted and celebrated by the rude multitude that was got together, before the building of Rome. They seem to have been laid down for many years, till Servius Tullus revived ihcm. They were held during the Comfiitalia^ or feast of the Lares^ who presided as well over streets as houses. Suetonius tells us, that Augustus ordered the Lares to be crowned twice a year, at the C'jmpAtaUtian games, with spring flowers.' This crowning the household-gods, and oftcring sacrifices up and down in the streets, made the greatest part of the solemnity of the feast. Ludi Augustales and Palatini, both instituted to the honour of Augustus, after he had been enrolled in the number of the gods; ;hc former by the common consent of the people, and the other by his wife Livia, which were always celebrated in the palace." Thev were both continued by the succeeding emperors. Ludi S^culares, the most remarkable games that we meet with \\\ the Roman story. The common opinion makes them to have !iac] a very odd original, of which we have a tedious relation in Va- lerius Maximus,'' of the ancients, and Angelus Politianus,w of the moderns. Monsieur Dacier, in his excellent remarks on the secular paem of Horace, passes by this old conceit as trivial and fabulous, and assures us, that we need go no farther for the rise of the custom, ihan to the Sibylline oracles, for which the Romans had so great an esteem and veneration. In these sacred writings, there was one famous prophecy to this effect: that if the Romans, at the beginning of every age, should hold solemn games in the Campus Martius to the honour of Pluto, Proserpine, Juno, Apollo, Diana, Ceres and the Parcx^ or three fatal sisters, their city should ever flourish, and all nations be sub- jected to their dominion. They were very ready to obey the oracle, aiid, in all the ceremonies used on that occasion, conformed them- selves to its directions. The whole manner of the solemnity was as iuilows : In the first place, the heralds received orders to make an invitation of the whole world to come to a feast "johich they had never seen already^ and should never see again. Some few days before the beginning of the games, the Quindecimviriy taking their seats in the capitol, and in the Palatine temple, distributed among the people purifying compositions, as flambeaux, brimstone, and sulphur. Irom hence the people passed on to Diana's temple on the Aventine ' Aug. cap. 52. ^ Lib. 2. cap. 4. ' Dio. lib. ^6. Sueton. CaVig. 56. '^ Miscellan. cup. 58. 290 •rrii: sacred games, he or THE ROMANS. 291 #4 mounrain, carrying wheat, barley, and beans, as an ofTerinj^; aur after this they spent whole nights in devotion to the destinies. \ lenp;th, when the time of the games was actually come, which coi tinned three days and three nights, the people assemljled in il, Canipus Martins, and sacrificed to Jtipiter, Jnno, Apollo, Latoi, Diana, the Parcx, Ceres, Phito, and Proserpine. On the first nii'i of the feast, the emperor, accompanied by the Quindecimviri con' nianded three altars to be raised on the bank of the Tiber, nhich they sprinkled with the blood of three lambs, and then proceeded to Ijurn the offerings and the victims. After this they marked out space which served for a Theatre, being illuminated by an innume- rable multitude of flambeaux and fires ; here they sung some ccrtaii hymns composed on this occasion, and celebrated all kinds of sport- On the day after, when they had been at the capitol to ofTer thevi' tims, they returned to the Cam])us Martius, and held sports to tin honour of Apollo and Diana. These lasted till the next day, wlui ihc noble matrons, at the hour appointed by the oracle, went to ih' capitol to sing hymns to Jupiter. On the tliird 30, or 408. 'J'he third, A. 518. i he fourth either A. f>('>:)^ or ^'.'»S, or 62.S The fifth by Augustus, A. TZh. Tiie sixth by Claudius, A. 800. The seventh by Domitian, A. 811. The eighth by Sevcrus, A. 9 57. The ninth by Philip, A. 1000. The tenth by Honorius, A. 1 1;)7. Tlie disorder, without question, was owing to tlie ambition oi i;.- eir.|jcrors, who were extremely desirous to have the honour of celc- Lrating these games in their reign ; and therefore, upon the slightest j'.retcnce, many times made them return before their ordinary course. Thus Claudius pretended that Augustus had held the games before heir due time, that he might have the least excuse to keep them vlthin sixty-four years afterwards. On which account, Suetonius :tu-i us, that the people scoffed his criers, when they went about •proclaiming games that nobody had ever seen, nor would see again; Iiereas there v/cre not only many persons alive who remembered ';ie games of Augustus, but several players who had acted in those ;^^r;nies were now again brought on the stage by Claudius.^ What part of the year the secular games was celebrated in, is nccrtain ; probably, in the times of the commonwealth, on the days f the nativity of the city, i. e. the 9. 10. 11. A'a/ Mail; but under tiic emperors, on the day when they came to their power.^ \\ c may conclude our inquiry into this celebrated subject, with ' ••0 excellent remarks of the French critic. The first is, that in the •lumber three, so much regarded in these games, they had probablv ^n allusion to the tripliciiy of Phoebus, of Diana, and of the desti» i.ics. The other observation, which he obliges us with, is, that thev nought the girls which had the honour to bear a part in singing ae secular poem, should be the soonest married. This supersti- on they borrow.ed from the theology of the Grecians, Vvho imagined -at the children who did not sing and dance at the coming of 'vpollo should never be married, and should certainly- die vouno ' this purpose Callimachus in his hymn to Apollo : it » Dq Die Nutah, cap. ir, Sueton. Claud. CI ' Mr. Walker on Coins, p. 168. 0^ ^ 0m0 THi: SACRED GAMES, biC OF THE ROMANS. :^9j w ht Tt?[£civ fA.tXXyci yuf/,o}t, rroXir.v re xf^fTc-^.-:.. And Horace, encouraging ihc chorus of girls to do tlien- best i; singing ilic secular poem, tells them how proud ihcy would be of j-. Avhcn they Mere well married; j\'uj>ta Jam dicef: : E^o iliis amiaim !^Aviil(} fvatua refereitte luccs^ litiUUdi carmeiij (lucihs modorum I'atis Itoniti. Lib. iv. Od. 6. All those games, of what sort soever, had the connnon name o: 'votivi, which were the cflect of any vow n^ade by the magisiratc^; or generals, when they set forward on any expedition, to be per fo -med in case they returned successful. These were sometime occasioned by advice of the Sibylline oracles, or of the soothsayers and many times proceeded purely from a principle of devotion and piety in the generals. Such particularlv were the JmcH Mofrni, often mentioned in historians, especially by Livy. Thus he inform; us, that in the year of the city 536, Fabius Maximus the dictator, to appease the anger of the gods, and to obtain success against tin Carthaginian power, upon the direction of the Sibylline oracles, vowed the great games to Jupiter, with a prodigious sum to be ex- pended at them ; besides three hundred oxen to be sacrificed to Jupilc r, and several others to the rest of the deities.* M. Acilius the consul did the same in the war against Antiochus.'' And we have some examples of these games being made (jiiinquenjual^ o to return every f.vc yeais.^ They were celebrated with Circensia^; sports four days together.' To this hrad we may icfcr the jMdi Vicforia: mentioned by Veil. Paterculus,-^ and Asconiu' They were instituted by Sylla upon his concluding the civil wai It seems i)robable, that there were many other games with the samt title, celebrated on account of some remarkable success, by scvcra of the emperors. The Litdi Quirnjninnalcfi^ instituted by Augustu<^. Cccsar after lii^ victory against Antony; which resolving to deliver famous lo sur cceding ages, he built the city Nicopolis, near Ariium,the place o! battle, on purpose to hold these games; whence they are often railed L7idi Actiatl. They consisted of bhows of gladiators, wrest Icrs, and other exercises, and were kept as well at Rome as at Ni- copolis. The proper curators of theni were the four colleges c' jricsts, the Pontifices, the Augurs, the Septemviri and Quindc- iniviri. Virgiljin allusion to this custom, when he brings his hero to the Momontory of Aclium, makes him hold soknm games, with ihelu'i "iitions and sacrifices used on that occasion by the Romans : Lu.s'tr(nKurque Jovif vutisque iiicendimuH urns JlcUaque Jliaci^ celebvnmus Uttova Ludis. iEv. 3. 279. Nero, after the manner of the Grecians, instituted Quincjurmua: ;.inies, at which the most celebrated masters of music, horse- racing, \\ resiling. Sec. disputed for the prize. ^ The same exercises were performed in the QuinquciDiiul gamcK ! Domitian, dedicated to Jupiter C'apitolinus, together with the .onteniions of orators and poets,'' at which the famous Statins had ,,ncc the ill fortune to lose the prize; as he coniplains several limes .1 his miscellany poems. Ludi Decennalea^ or games to return every tenth year, were insti lutcd by Augustus, with this political design, to secure the whole command to himself, without incurring the envy or jealousy of the people. For every tenth year proclaiming solemn sports, and so ga- thering together a numerous company of spectators, he there made piolVer of resigning his imperial office to the people, though he im- ijicdiately resumed it, as if continued to him by the common consent of the nation.' Hence a custom was derived for the succeeding cm- ptrors, every tenth year of their reign, to keep a magnificent feast, "uh the celebration of all sorts of public sports and exercises.^ T)ie Liidi Triuuijiliales were such games as made a part of the .liumphal solemnity. Ludi jYatalidu instituted by every particular emperor to comme- 'uuratc his own birth day. Ludi Juvenaies, instituted by Nero at the shaving of his beard, and It first privately celebrated in his palace or gardens ; but they soon occame public, and were kept m great state and magnificence. 'lence the games held by tlie following emperors in the palace, vcarly on the first of January, took the nanie of Juvenalia.^ Cicero speaks of the Ludi Juventutis, instituted by Salinator in ihc Scnensian, for the health and safety of the youth, a plague • !icn reigning in the city.' The J.udi Misceliif which Suetonius makes Caligula to have in- -lituted at Lyons in France, seem to have been a miscellany of •'' I.jv. lih. C2. ^ Idem, lib. S6. ' Liv. lib. :?. ct Wh "^ •^ Ibid. e T/ib. eap. ' In Verrln. 2. p Siicton. Ner, 12. ' Idem, Domit. 4. Die, lib. 35. i Ibid. ^ Sueton. Ner. 11. Casaubon. ad Ipc ' In I3ruto :t. * :9 .f 234. rilL FUNERAL GAMLs .ports conMsiing of several cxcrci.cs joined together in a new an, unusual manner.'" * The LuDi FtNEBRBS, assigned for one sptxics of the nom-,. pubhc sanies, as to their original anci manner, have been ahca,' descnbcd in the chapter of the Ghidiators. It may be proncr to H serve farther, that Tertullian, in his particular tract De S/,caacul! as he derives the custon. of the !,^ladiu,orian combats from tl,! funeral rites, so he takes notice, that the word mauu,, applied o,: ginally to these shows, is no more than cfficium, a kind office to tl,', dead. Wc must remember, that though the shows of Ciladiatoi^ >vhich took then- rise from hence, were afterwards exhibited «n many other occasions, yet the primitive custom of presentimc the, at the funerals of great men, all along prevailed in the ci.v and Ko nian provinces; nor was it confinetl only to persons of qualitv, b„ almost every rich man was honoured with this solemnity after hi- death ; and tins they very commonly provided for in their wills, dc finmg tiie number of Gladiators who should be hired to engage- i, somuch that when any wealthy person deceased, the people used to claim a show of Gladiators, as their due by long custom. Suetonius to this purpose tells us of a funeral, in which the common people extorted money by force from the deceased person's heirs, to b. expended on this account." Julius Caesar brought up a new custom of allowing this honou, to the women, when he obliged the people with a feast and a pul, lie show in memory of his daughter." It is very memorable, that though the cxhibiters of these show, were private persons, yet, during the time of the celebration, ihev were considered as of the highest rank and quality, having the ho' nour to wear x.ho /,ratex,a, and to be waited on bv the lictors and beadles, who were necessary to keep the people in order, and toa> sist the designacores, or marshullers of the procession.P " Sueton. C.il. 20. Torrent, ad ioc. » Suet. Tit. 37. o n T 1 oc ' Kirchman. de Kuner. Rom. lib. 4. cap. 8. c • • • • t • • 1 ' « af /- 'f • • t • • t ( i!&6 I » 'III I 1 • « • ■ >* • > 9 • < *. !• 3fl,'> ' • • » s ^ l» > • > > ,- » » » > • . 1 ^TdDlLATPiW. IPiiILJL.ATrit i;j,;;y^.'Mi:i,i..':i..tu:].i ..r::,.m:.. .■ ■. :,:.i /?./run/fA huinero rlrvMo ad sinistrum oblique ducitiir, vchi' balteus, ncc strangulel, .ic. iluat."" The bell being loosed, and tlic left arm drawn in, the gown flowcf out, and the Sifnts or main lappet hung about the wearer's feet this was particularly observed in Csesar, who commonly let his gown hung dragging after him, whence Sylla used to advise the noblrmcr * lit puerum male prxcinctum cavcrcnt.'"' The accurate Ferrarius is certainly in a mistake as to this pcum . ■ui , maintaining tliat the gown had no kind of cinctuH but what they called (iabinuti,\\c will have this meant only of the tunica ; but th<-. plain words of Macrnbius make such a supposition impossible; and Luciniam irahcrc expressly points out ihe gown; for the tunic, be- ing only a short vest, cannot by any means be conceived to have >• lappet dragging on the ground. "' The same fault whi( h Sylla objected to Cx^sar, was commonly observed in M.xcenas, and is a mark of that eneminatc softness, which makes an unhappy part of his character in history. The learned Gracvius observes, that the word /invchiifi was pr6- per lo the gown, because the lappet did not close about the whole i^own, bui only the fore-part of it." The ductus Gahinus is most happily described by Ferrarius : ^* Cinctus Ciabinus non aliud quam cum togae lacinia, l:cvo brarhio >>ubducta in tergum, ila rcjiciebatur, ul contracta retrahcretur ad pectus, alque ita in noduni necteretur ; qui nodus sivc cinctus tot^ani contrahebat, brcvioremque et strictiorcm reddidit " - TIm • Sncton. Jul. caj). 45. Macr^b. '" e IJc Vcstiur. lib. 1 cap. 14 ' Institut. lib. 11. cap. >.iLu:iial. lib'. 2. cap. o > IbUl. t . .. "v Uabinus was nothing else but when the lappet of the gown, which used to be brought up to the left shoulder, being drawn thence, was cast off in such a manner upon the back, as to come- round short to the breast, and there fasten in a knot ; which knot or cincture tucked up the gow^n, and made it shorter and straiter.'" This cinctufi was proper only to the consuls or generals upon some txiraordinary occasions, as the denouncing war, burninp- the spoils of the enemy, devoting themselves to death for the safety of their .umy, and the like; it was borrowed from the inhabitants of Gabii, a city of Campania, who, at the time of a public sacrifice, happen- ing to be set upon suddenly by their enemies, were obliged, through haste, to gather up their gowns in this manner, and so march ou^ to oppose them.^ In the ordinary wear, the upper part of the gown used to lie ovei the right shoulder ; yet upon occasion it was an easy matter to draw i)ack that part again, and make it cover the head ; and learned men arc of opinion that the Uomans, while they continued in the city, made use of this kind of covering only for the head, never appearing in any kind of caps or hats, unless they were on a journey out of town. Thus Plutarch informs us of the deference paid to the great men as they passed the streets: 'Vuntxloi raiv uvfi^uTrm rolq ot^ioiq Ttf^r,g uTTcciiaiv'leq, kuv rvx,UTiv iTri tk^ xf^osA/jj to tiauTtov e^ov'jsg, a'?roKxXvrr''lovloct . riic Nnmanf}, when tlwij juctt any Jicrson who deserves a Jiarticular ■calicct^ if they chance to have their goivn on their heacL fircsentln uncover. And the same author reckoning up the marks of honour >vhich Sylla showed Pompey, adds, kcci rr,t()ry, tell us, that the same Tarquin, amonp other wise constitutions, look particular care in assigning the propc: habit to the boys; and accordingly ordained that the sons of noble men should make use of the Pra:texta and the Bulla aurca^ providca iheir father had borne any curule oflice ; and that the rest should wear the Prxtcxta only, as low as the sons of those who had served on horseback in the army the full time that the law required. A third party refer the original of this custom to Uomulus himself, a- The conscfpicnce of a promise made to the Sabine virgins, that he would bestow a very considerable mark of honour on the first chile that was born to any of them by a Roman father. Many believe that the reason of giving them the Bulla and the Pratexta was, that the former, being shaped like a heart, might as often as they looked oii it, be no inconsiderable incitement to courage ; and that the purple of the gown might remind them of the modesty which became then. at that age.^ liut on what account soever this institution took its rise, it was constantly observed by all the sons of the ///^'d-y^i^/ or frecborn. The iJbcrtini too in some time ol)tained the same privilege, only, instead of the golden Buila^ they wore a leathern one; as Juvenal intimates Sat. 5. 164 : ■ Eiiiiscion puero si contigit aurum^ Vel JioduH tantuni ct signum de paupere loro. li i^ Luiinnuul) believed that the boys changed this gown at the ;igeof 1 4 years for the Toga Virilis ; but Monsieur Dacier makes this a great mistake ; for, till they were K> years old, he says, they wore a sort of vest with sleeves, which they called Jlicata Chlamys^ and then left olf that to put on the Pr.£tcxta^ which they did not change till they had reached the age of puberty, or the 17th ycar.^ it is a very pertinent remark, that this Prate xta was not only a :()kcn of the youth and quality of the wearer, but besides this had he repute of a sacred habit; and therefore when they assigned i' ;or the use of the boys, they had this especial consideration, that it nip:ht be a kind of guard or defence to them against the injuries to nhich that age was exposed. << Thus the poor boy in Horace crie««; Hit to the witch Canidia that was tormenting him, Per hoc inane purpinw dccus precor. Epod. 5. And Persiuscallsitcw.sYos/H//7?z/r«in his fifth Satire. iJut Quiu- 'ilian most expressly, " Ego vobis allego etiam illud sacrum pra: icxtarum, quo sacerdotes velantur, quo Magistratus, quo infirmi atem pueritiae sacram facimus ac venerabilem.'*^ " I alleo-e too he sacred habit of the Pratexta^ the robe of the magistrates, and hat by which we derive an holy reverence and veneration to the helpless condition of childhood." We find farther, that the citizens' daughters were allowed a son •jf Prxtexta^ which they wore till the day of marriage. Thus C:iccro igainst Verrcs, Erifiies pufiilU toiram firatextam. And Propcrtius, Mox ubi jam faribus cessit firatexta maritis. The Pra:torii and Consulares too, (if not all the senators), at the Ludi Romani made ise of the PriZtexta.*' And the matrons on the Cafirotiuc .Yotk s •eleorated the festival in this sort of gown. ^ The Toga fnira was the ordinary garment of private persons when 'hey appeared abroad, so called because it had not the least additior. of purple to the white; we meet with the same gown under the name of Virilis and iJbcra : It was called Toga virilis^ or the manly ;o\vn, because when the youths came to man's estate, or at the ^ige of 17 years, they changed the Prntexta for this habit, as was hefore observed ; on which occasion the friends of the youngstet :arried him into the Forum (or sometimes into the capitol) and at ired him in the new gown with abundance of ceremony ; this they ailed dies tirociniiy the day on which he commenced a 7Vro, in rela- •on to the army, where he was now capacitated to serve. It had the name of Toga libera^ because at this time the young nfien entered on a state of freedom, and were delivered from the power of their tutors and instructors. Thus the young gentleman ntimates in Persius: Cum primujn pavido custos mi hi purpura cessit, Bullaqiie succinctis laHbus donata pependit ; Cum blandi comiteSf totaque impune suburra Permisit sparsisse oculos jam candidus umbo. Sat. 5. 30. ^ Macrob. Saturnal. lib, 1. cup. 6. Dacier on Horace, lib. 5. Ode "»■ ' Dacier, on Horace, lib. 5. Od. 5. In Declamat. f Cicero, Philip. 2. I Varro de Ling. Lat. lib. 5. 500 liiK HABIT Wlien fus-t my clilldlsli robe resisriccl its cliarge And loft nic unconfined to live ut large; When now my golden Uullu (hung* on high To household gods) declared me past a boy, And my white j)laits proclaim'd my liberty; When with mv wild companions I could roll Vrom stn-ot lo street, and sin without control. iinrnEN. But, iur all tliis liljcriy, tiicy had one remarkable restraint, bcii.* oblii^cd lor the first whole year to keep their arms within their gow as an ari^unicnt of n\ot!esty. This Cicero observes, A'obia (juid< jlim innnis crat unua iid cohihcndiim brachiutn toga constitiitis.h The Tnga /ml la and fiordida arc very commonly confounded, \\ upon a strict enquiry, it will appear that the first sort was proper persons in mourning, beini; made of black cloth, whence the pc sons were called utrati. The Toga sordida was black, as well as the other, but from a different cause, having grown so by the Ion wearing and sullying of it ; and this (as has been already obscrvci' was worn by the prisoners at their trial, as well as by the ordinal people. It may here be remarked, that the Pullati^ whom we me< with in the classics, were not only those who wore the Toga fiuU or the Toga sordida^ but such too as were attired in the PcnuU i fMCcnia;, which were usually black. Thus the learned Casaubc inicvprcia /iu I ia torn fn turba in Suetonius;* and Quintilian calls th rabble fiullatufi circulus^^ and jiullata turba.^ Hence it may reasoi ably be conjectured, that when the Roman state was turned into monarchy, the gowns began to be laid aside by men of the lowc rank, the PatiuU and Lucernx being introduced in their roon and commonly worn without them, or sometimes over them; ihi irregularity had gained a great head, even in Augustus's lime, who lo rectify it in some measure, commanded the yF.diles that the; should suffer no person in the forum or circus to w car the Laccrn over his gown, as was then an ordinary practice. The same ex cellent prince, taking notice at a public meeting of an innumerabi company of rabble in these indecent habits, cried out with indign? lion, En! linmanos reruni dominoft gentenique togntam.^ The 'I'oga fiicta^ Jiurfiurca^ fialmata^ the consular Trabea^ thi Valiidumnituin^ and the C/ilamys, had very little difference (except that the last but one is often given to military officers in general, and sometimes passes for the common soldiers' coat),"* and are pro- miscuously used one for the other, being the robes of state proper ^ Cicero pro Cnclio. ' August, cap. 40. ' Lib. 2. cap. IC. ^ Lib. 6. cap. 4. ^ Sueton. August, cap. 40. " Uayf, de Re Vest. cap. 11 OF THE ROMANS. 301 u) ihc kings, consuls, emperors, and all generals during their tri- uniph. This sort of gown was called Picta, from the rich ^^nibroi- ery, with figures in Phrygian work; 2.x^i\ fuirfiurea, because the ground-work was purple. The Toga fmlmata indeed very seldom occurs, but may probably be supposed the same with the former, called so on the same account as the Tunica fialmata, which will bJ described hereafter. That it was a part of the Iriuniplial habit, Martial intimates, /, comes y et matfuos ilUsa inerere triumphos, l^abuaUque ilucem {aed cito) redde to^x. Antiquaries are very little agreed in reference to the Trabeu. lulus Manutius was certainly out when he fancied it to be the me as the Tjga fiicta, and he is accordingly corrected by Gra^- 1-." The vulgar opinion follows the distinction of Servius and aliger into iluee sorts, one proper to the kings, another to the isuls, and a third to the augurs. But Lipsius and RubeniusP ac- owledged only one proper sort of Trabea belonging to the kings ; being a white gown bordered with purple, and adorned with clavi ovtrab.s of scarlet. Whereas the vests of the consuls, and the augurs, and the emperors, were called by the same name, only be- cause they were made in the same form. For the old Paludamen. 'um of the generals was all scarlet, only bordered with purple; and the Chlamydes of the emperors were all purple, commonly beau- tified with a golden or embroidered border. Suloniam picto chlainydem cimimdata limbo. ViR. iE\. 4. 137. \\ hen the emperors were themselves consuls, they wore a Trabea adorned with gems, which were allowed to none else. Claudian, in his poems on the third, foui^th, and sixth consulship of Honorius, alludes expressly to this custom : Cinctus mutata Gabinos \ncl Dives Hyda6pe Kc A cstiar. ct praecipue de Laticlav. lib. 1 rap. 5 40 302 THE HA HIT or THt ROMANS. 303 lata, rasa, fiavrrata, Phryxiaua, scutulata^ Sec. Sec Kcriar. dc Hf Vest. lib. 2. cap. 10. The Tunica, or close coat, was the common p^arment worn withiu doors by itself, and abroad under the p;own : The Proletarii, the Cafiite cctjsi, and the rest of the drejrs of the city, could not afford to wear the Tog-a, and so went in their Tunics ; whence Horace calls the ral>ble funicatus fiofit-llus, and the author of the dialogue de Claris Oratoribus, fio/iulus funicatus. The old Romans, as Gel- lius informs us,'' at first were clothed only in the j^own. In a liitlr time ihoy found the convenience of a short straight tunic, that die! not CUV. r the amis; like the Grecian e^c^uth';. Afterwards thcv had sleeves comim>: down to the elbow, but no farther. Hence Suetonius tells us that Ca:sar was remarkable in his habit, because he wore the Laticlauian Tunic, closed with gatherings about his wrist/ Hubrnius thinks he might use this piece of singularity t(. show himself descended from the Trojans, to whom Romulus ol' jccts, in Virgil, as an iirguineni of their effeminacy, Fj tunicx' majiicaSy et hiihent redimicula mitr;e.* And Inlus, or Jscunius, is siiil to be seen dressed after the same lashion, in some old gems.- Yet ill the declension of the empire, the rMr??r« did not only reach down lo the ankles, whence they arc called Tulares,h\M had sleeves too coming down to the hands, which gave them the name of Chi roilotd-. And now it was counted as scandalous to appear withou sleeves, as it had been hitherto to be seen in them. And therefore in the writers of that age, wc commonly find the accused persons 3. a trial habited in the Tunic without sleeves, as a mark of infann and disgrace." The several sorts of the tityiic were the Jialmata^ the angusti clai'ia, and the luticluvia. I'he tunica /lalnnitu was worn by generals in a triumph, and per haps always under the toga fucta. It had its name either from the great breadth of the clavi, equal to the palm of the hand : or else from the figures of palms, eml)roidered on ii.^ The whole body of the eriiics are strangely divided about the rlavi. Some fancy them to have been a kind of flowers interwoven in the cioih; others will have them lo be the buttons or clasps b} which the tunic was held together. A third sort contend, that the lutus clavus was nothing else but a tunic bordered with purple Scaiiger thinks the clavi did not belong properly to the vest, but 1 Lib. 1. cap. 12. • Suet. Jill, cap 55. •iKiieid. xii. 616, ' Rubtnius de Luticluy. lib. 1. cap. 1-. ^ ibalem. ' Festus in voce. hung down from the neck like chains and ornaments of that nature But the most general opinion makes them to have been studs or pearls something like heads of nails, of purple or gold, worked into the tunic. All the former conjectures are learnedly confuted by the accurate Uubenius, who endeavours lo prove, that the clavi were no more than purple lines or streaks coming along the middle of the garments, which were afterwards iniproved to golden and embroidered lines of the same nature. Wc must not therefore suppose them to have re- ceived their name as an immediate allusion to the heads of nails, to which they bore no resemblance ; but may remember that the an- cients used to inlay their cups and otiier precious utensils with studs of gold, or other ornamental materials. These, from their likeness to nail-heads, they called in general clavi. So that it was very na- tural to bring the same word to signify these lines of purple, or other colours, which were of a different kind from all the rest of the gar- ment, as those ancient clavi were of a different colour and figure from the vessels which they adorned. These streaks were either transverse or straight down the vest; the former were used only in the liveries of the fiofia: and other pub- lic servants, by the musicians, and some companies of artificers, and now and then by women, being termed fiaragaudx. The pro- per clavi came straight down the vest, one of them making the *unic, which they called the angusticlave, and two the laticlave. However this opinion has been aj)plauded by the learned, Mon- sieur Dacier's judgment of the matter cannot fail to meet with a kind reception. He tells us that the clavi were no more than purple galoons, with which they bordered the fore part of the tunic, on both sides, and the place where it came together. The broad galoons made the faticlave ; and the narrow the angunticlave. Therefore they are strangely mistaken, who make the only difference between the two vests to consist in this, that the one had but a single clavus, the other two, and that the senatorian clavus., being in the middle of the vest, could possibly be but one. For it is very plain they had each of them two galoons, binding the two sides of the coat where it opened before; so that, joining together with the sides, they appeared just in the middle; whence the Greeks called such a vest f^£c»^o^0voov. That the galoons were sewed on both sides of the coat, is evident beyond dispute from the following passage of Varro : " Nam si quis tunicam ita consuit, ut altera plagula sit angustis clavis, altera latis, utraque pars in suo genere caret analogia." '* For if any one should sew a coat in this manner, that one side should have a broad galoon. J04 THE HABIT OF THE ROMANS. 303 and the other a narrow one, neither part has any thing properk answering to ii." As to the name of ihe clavi, he thinks there needs no farther reason to he given, than that the ancients called any thing which was made with design to be put upon another ihinir It has been a received opinion, that the angusticlave distinguisli- cd the knight from the common people, in the same manner as the laticlai^c did the senators from those of the equestrian rank; but JUiljcnius avers, that there was no manner of difference between the tunics of the knights, and those of the commons. This conjecture seems to be favoured by Appian, in the second book of his history, where he tells us, « ^^^6^. ^r/, to trxK/^u, to?? hTirorcci,\r, a-To^t, to^ ^e^u^arn iTriKono^. " The slave in habits goes like his master; and, excepting only the senator's robe, all other garments are common to the servants." And Pliny, when he says that ilic rings distinguished the equestrian order from the common people, as their ru,:tc did the Semite from those that wore the rings, would not probably have omitted the other distinction, Iiad it been real. Hesides both these authoriiics, Lampi idius, in the lilc of Alexander Severus, coiifirms the present assertion. He ac- quaints us, that the aforesaid emperor had some thoughts of assi^-n- ing a proper habit to servants diflfcreni from that of their masters, but his great lawyers, Ulpian and Paulus, dissuaded him from the project, as what would infallibly give occasion to much quarrelling and dissention; so that upon the whole, he was contented onlv to distinguish the senators from the knights by their c/avufi. But all this argument will come to nothing, unless we can cica: the point about the use of the purple among the Romans, which the Civilians tell us was strictly forbidden the common people under the emperors. It may therefore be observed, that all the prohibitions (»f this nature were restrained to some particular species of purple. Thus Julius Cxsar forbade the use of the conchylian garments, or the kXH^yih<,- And Nero afterwards prohibited the ordinary use of the amethystine, or Turian pnrple.y These conjectures of Rube- nius need no better confirmation than that they are repeated and approved by the most jucidiuus GrcXvius.^ According to this opinion, it is an easy matter to reconcile the contest between Manutius and Lipsius, atid the inferior critic^ -f both parties, about the colour of the tunic, the former asserting ii to be purple, and the other white; for it is evident, it mighUiv wpacier on Horace, lib. 2. Sat. 5. v ,jem Nerone, cap. 32. X Sueton. Jul. cap. 45. ^ Sueton. Jul. 43, Otho. 10. Domitian. 10 , ailed either, if we suppose the ground-work to have been white, with the addition of these purple lists or galoons. As to the persons who had the honour of wearing the laticlave^ii may be mentioned, that the sons of those senators, who were patri- citins, had the privilege of using this vest in their childhood, together with ihc /iroctc.vta. But the sons of those senators who were not pa- uicians, did not put on the iatic/avc, till they applied themselves to the service of the commonwealth, and to bear offices.' Vet Augus- tus changed this custom, and gave the sons of any senators leave to assume the laticlavc presently after tlie time of their putting on the I'jf-a virilis, though they were not yet capable of honours.'* And by the particular favour of the emperors, the same privilege was allow- ed to the more splendid families of the knights. Thus Ovid speaks of himself and his brother, who are known to have been of the equestrian order :' Interea^ tacito passu lahevtibu.i aimisy Libenor fratra sinnpta mihiqne toga ; Induiturijue humeiis cum lata purjtura cinvo, &f And Stalius of Melius Ccler, whom in another place he terms file7i(li(lifisi?nuft^'^ (the proper style of the knights): Pticr hie aiidavit in armis ^Votus adhiic tantinn viajoris mvnere clavi.' Besides the gown and tunic, we hardly meet with any garments jf the Roman original, or that deserve the labour of an enquiry into their difference. Yet, among tliese, the lacerna and \\\q. fienula occur more frequently than any other. In the old gloss upon Persius, Sat, ver. 68. they arc both called //«///a ; which identity of names might probably arise from the near resemblance they bore one to the other, and both to the Grecian fiallium. The lacerna was first used in the camp, but afterwards admitted into the city, and worn upon •heir gowns to defend them from the weather. The penula was :>ometimes used with the same design, but, being shorter and fitter for expedition, it was chielly worn upon a journey. ^ Kubenius will have the lacerna and the fienula to be both close- bodied kind of frocks, girt about in the middle, the only difference between them being, that the fienula were always brown, the lacerna '' no certain colour; and that the cucullus, the cowl or hood, was . .Ibbons and thin sashes; and the last sort they twisted round their wiiole body, next to the skin, to make them slender; to which Te- rence alludes in his Eunuch i"^ Kubenius has found this difference in the stol(e^ that those of the rdinary women were white, trimmed with golden purls:' Hand similis virgo est virginum nostrarum ; quas matres student Hemissis hiimeris esse^ vincto pectore^ nt graciles stent. The former Ovid makes to be the distinguishing badge of honest aiatrons and chaste virgins. Este procul vittx tenueSf insigne pudoiis,* And describing the chaste Daphne, he says, Vitta coercebat positos siyio lege capillos.^ It is very observable, that the common courtezans were not allow- ed to appear in the a/o/c, but obliged to wear a sort of gown, as a mark of infamy, by reason of its resemblance to the habit of the op- posite sex. Hence in that place of Horace, Quid inter- ' Pro Sextio. ^ Fcrrar. de Re Vestiar. lib. 1. cap. ^7. Est in matronOf ancillaj peccesve togata ? L. 1. Sat. 2. v. 62. The most judicious Dacier understands by togata the common ^trumpet, in opposition both to the matron and the servant-maid. Some have thought that the women (on some account or other) ' Sueton. August, cap. 82. Casaubon. ad locum. "» Vide Ferrar. de Re Vest. lib. 2. cap. 17. " Dacier on Horace, Jib. 1. Sat. 2. ver. 99. " Horace, ibid. ' De Laticlave, lib. 1. cap. 16. ^ iEn. 11. ver. 576. • Metamorph. lib. 1. Fab. 9. ^ Act 2, Seen. 3. * I jpsius de Amphitheat. cap. 19. ;|. 308 THE HABIT OF THE ROMANS. 309 wore the iaccrnu loo ; out the rise of this fancy is owing to their mis •akc of that verse in Juvenal, fpse faci'rnat.e nun fte Jactaret iimicce. Where it must be observed, that the poet does not speak of H , ordinary misses, but of the eunuch Sporus, upon whom Nero made an experiment in order to change his sex. So thai Juvenal's ia- rernuta arnica is no more than if we should say, a " mistress in breeches.*' The attire of the head and feci will take in all that remains of this subject. As to the first of these, it has been a former remark, thai the Romans ordinarily used none, except the lappet of the gown; and this was not a constant cover, but only occasional, to avoid the rain or sun, or other accidental inconveniences. Hence it is thai we see none of ihc old statues wiih any on their heads, besides now and then a wreatli, or something of that nature. Eustathius, on the first of the Ody.^ses, tells us, that the Latins derived this custom of going bareheaded from the (irceks, ii being notorious, that, in the age of the heroes, no kind of haisor caps were at all in fashion; nor is there any such thing to be met wiih in Homer. Yet at some'par- licular times we find the Romans using some sort gf covering for the iiead ; as at the sacrifices, at the public games, at the feast of Saturn, upon a journey or a warlike expedition. Some persons too were al- lowed to have their heads always covered, as men who had been lately made free, and were thereupon shaved close on their head, might wear ihc /lUms, both as a defence from the cold, and as badge of their liberty. And the same privilege was granted to pci sons under any indisposition." As for the several sorts of coverings designed for these uses, man^ of them have been long confounded beyond any possibility of a di^ tinction; and the learned Salmasius'' has observed that the w/7ra and ihc /liU'us, the cucu/lus, the gahrus, -^nd ihe /iailio^um, were all coverings of the head very little differing from one another, and pro- miscuously used by authors ; however, there are some of them whirli deserve a more particular enquiry. The g-aln-us Vossius^^ derives from ^^aiea, the Roman helmci, to which we must suppose ii to have borne some resemblance. Servius when he reckons up the several sorts of the priests' caps, makes the cra/^r/^.v one of them, being composed of the skin of the beast ofTered in sacrifice ; the other two being the a/iex; a stitched cap in the form of a helmet, with the addition of a little stick fixed on the top, an. " Lipsiusde Amphltheat. cap. 19. ' In Vopisc. et Grxv. in Sueton. Claud. 2. w Cap. 12 on .vound about with white wool, properly belonging to the JiamineB ; and the tutulu8, a woollen turban, much like the former, proper to •he high priest. By the galerus it is likely he means the albo-gale^ ■us, made of the skin of a white beast off*ered in sacrifice, with the Idition of some twigs taken from a wild olive-tree, and belonging ly to 5uiiher'sjame?i ; yet we find a sort oi galerus in use among !ic ordinary men, and the galericuliun (which some do call galerus) .ommon to both sexes; this was a skin so neatly dressed with men or women's hair, that it could not easily be distinguished from the natural ; it was particularly used by those who had thin heads of hair, IS Suetonius reports of Nero ;» as also by the wrestlers, to keep their own hair from receiving any damage by the nasty oils with which i.cy were rubbed all over before they exercised. This we learn :oni Martial's distich on the galericulum : xiv. 50. .\> hitet immundum vitidon ceroma capiHos, Ilac potevas madidas condere pelle comas. The /li/eus was the ordinary cap or hat worn at public shows and acrifices, and by the freed men; for a journey they had xhe/ieiasus, ifiering only from the former in that it had broader brims, and bore k nearer resemblance to our hats, as appears from the common pic- tures of Mercury ; and hence it took its name from T£T«v,e.^/, to open ur spread out.y The ??iitra, the tiaro, and the diadem, though we often meet with them in Roman authors, are none of them beholden to that nation for their original. The mitre seems to owe its invention to the Trojans, being a crooked cap tied under the chin with ribbons ; it belonged only to the women among the Romans, and is attributed :o ihe foreign courtezans that set up their trade in that city, such .^s the ■ pi eta htpa harhara mitral in Juvenal ; yet among the Trojans we find it in use among the men Thus Romulus scouts them in Virgil : Et tuniciC maJiicas et habent redhnicula mitr yet upon all occasions of mirlh and recreation, or lawful indulgence, it was customary for the men to go thus loosely shod, as at entertainments, and at pul)lic shows of all sorts in the circos or amphitheatres. The crt'fiidx, which now and then occur in Roman authors, arc generally supposed to be the same as the *o/^^, under the Greek name K^*,7ri^t^. Bnt Baldwin is so nice as to assign this difference, that the cre/iida had two soles, whereas the solecc consisted but of one; therefore he is not willing to be beholden to the Greeks for the word, but thinks it may be derived from the cre/iicus, or creai;- ing that they made, which could not be so well conceived in those which had but a single leather.? That the Grecian x^ajT/^^^did really make such a kind of noise, which we cannot imagine of the sole£, i« plain from the common story of Momus, who being brought to give his censure of V^enus, could find no fault, only that her K^^rk, or slipper, creaked a little too much. The caii^a was properly the soldier's shoe, made in the sandal fashion, so 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 galochcs, or the sabots of the French peasants, and stuck full of nails ; these nails were usually so very long in the shoes of the Scouts and centinels, that Suetonius'^ and Tertullian^ call those cali^ct spe- J Die, lib. 49. o Lib. 29. f Lib. 2 cap. 2. p Baldwin. Calc. Antiq. cap. 13. ' Dacier on Horace, Book 1. Sat. 6. i Caligul. Cap, 52. «" \ errin. 4. r jjg {:qxqii. Milit. " De Harusp. Respons. datores^Ti^ if, by mounting the wearer to a higher pitch, they gave greater advantage to the sight. Il was from these caUg£, that the emperor Caligula look his ,uiie, having been born in the army, and afterwards bred up in the lahit of a common soldier.* And lience Juvenal,' and Suetonius,. use cahifati for tlic commori soldiers, without the addition of a sub- niitive. CHAPTER IX OF THE ROMAN MAHHIAGKS. THE marriages of the Romans, which have been so learnedly ex jyiuincd by so many eminent hands, as the great lawyers Tiraguel, Sigonius, Brisonius, and the two Hottomans, will appear very intelli ^-ible from a diligent enquiry into the espousals, the persons Iha: might lawfully marry with one another, the proper season for mar- lage, the several ways of contracting matrimony, the ceremonies of he wedding, and the causes and manner of divorces. The espousals, or contract before marriage, was performed by an ngagement of the friends on both sides, and might be done as well between absent persons as present, as well in private as before wit- Jiesscs; yet the common way of betrothing was by writings drawn jp by common consent and sealed by both parties. Thus Juvenal. Sat. 6. 199 : •SV tibi le^timis pactamjunctamgue tahcl'i, J\^on es amaturus. And again, Sat. 10. 336 : Veniet cum signatorilnis auspcjc. liesides this, the man sent a ring as a pledge to tiie woiiiah, whicii •n Pliny's time was used to be of iron, without any stone in it ' Thus the same satirist, Conventum tamen et pactum et sponsaliut nostra Tevipestate paras, jamque a to7isore magistro Pecterisy et digit o pignus fortasse dedisti. Sat. 6. 23. There was no age determined by the laws, for espousals, but they night be made at any lime^providcd that both parties were sensible * Sueton. Caligul, cap. 9. ' Sat. 16. v. 24. August, 25. l*lin. Nat. Hist. lib. 33. cap. 1, 314 THE MAKIUA(;i:S OF THE ROMANS. oi the obJigulions, whicli they were not supposed to be till thcip 7ti, year; yet Augustus afterwards ordered, that no espousals should he esteemed valid, except such as were consummated by the nup- tials within two years lime.w No Roman miijhi marry with any other than a Roman : but then this was extended to any free denizen of the city, though born in any other parts ; for thus Dyonisius"* reports of the Latins, Livy of the Campanians, and Cicero^ of the inhabitants of Aricia ; yet in Home we meet with one eminent restraint about these matters, and that is a law of the Decemviri, prohibiting any marriage be tween the Patrician families and the Plebeians. Jiut within seven oi eight years, the commons had given so many dangerous tokens oi their resentment of this injury, that upon the motion of Canuleius, Tribune of the people, the Consuls were even forced to give consent to the enacting of a contrary decree, allowing a free alliance inmar- liagc between persons of all orders and degrees.* The Romans were very superstitious in reference to the particular time of marriage, fancying several days and seasons very unfortu- nate to this design; the kalends, nones, and ides of every month were strictly avoided : so was the whole feast of the /larentulia in February, as Ovid observes. Fast. 2. 561 : Co?iilr tmisy Hxjynenive, faces, et ah ignibua atris Axiffv ; habeut alias masta scfnUc lira faces. (io, Hymen, stop the lont,^ cxpcctinj:^ dames, And hide thy torches from the dismal flames; I'hy presence would he latal while we mourn,' And at sad tombs must other tapers l)urn. The whole month of May was looked on as ominous to con- tracting matrimony, as Plutarch acquaints us in his Roman questions, nnd Ovid, Fast. 5. 487 : he bound about the posts with woollen lists, and washed them over w ith melted tallow, to keep out infection and sorcery. This custom Virgil alludes to, A^ln. 4. 457: Prxterea J'uit in tectis tie marmove tcinplum Conjugia antiquif miro quod houove colebat^ l\'lUmbns tiiveis et festa fronde rexniictJtm. Being to go into the house, she was not by any means to touch :he threshold, but was lifted over by main strength. Either because the threshohl was sacred to \'^esta, a most chaste goddess, and so ought not to be defiled by one in these circumstances; or else, thai it miglu seem a piece of modesty to be compelled into a place where she should cease to be a virgin.^ Upon h<;r entrance, she had the keys of the house delivered to aer, and was jiresentcd by the bridegroom with two vessels, one ol lire, the other of water, either as an emblem of purity and chastity, or as a commimication of goods, or as an earnest of sticking by one uiother in the greatest extremities. k And now she and her companions were treated by the bridegroom at iv splendid feast ; on which occasion, the sumptuary laws allowed 'i lit lie more liberty than ordinary in the expenses. This kind oi i Plin^', lib. 8. cap. 48. • Konj. Quaest. 2. Pliny, lib. 8. cap. 48 J Plutarch. Uom. Quaest. 1. ad Virgil. Eclog. 8. '^ Plutarch. Rom. Quxst. 1. Serviuf OF THE ROMANS. ircat was seldom >vithout music, composed commonly of flutes; the company all the while singing Thallasius^ or Thalasio^ as the Greeks did Hyj7ien}V' Kcci ti$e(rua)V cVf^Jjeracy u^(*rovoii KvS-e^eiJji There seldom wanted a company of boys, and mad sparks got ogether, to sing a parcel of obscene verses, which were tolerated ' Plutarch, in Romul. et Rom. Quxst. 31. .>18 liiL MARRlAGtS on this occasion. Ji.cy consisted of a kind of t esccnnme rlnmc Aec dill hi'tat fntcax VcsCt'H ninii h> rut it, . AtiH CM'iudian : Pcvtmsaiaijn- I'll i.< lurtni ncoitin^- F.xuHet tetricis lib>'ra leifibus. The (lay alter, the new married man held a stately supper, ami invited ;ill his ohi companions to a drinkingr matcli, which 'they termed rt/iotia. The whole suhjcct of divorces beloni^s entirely to the lawyers, and the distinction between re/iudium and divortium \^ osw'm^ to their nicely: the first they make the breaking off the contract, oi espousal; and the last a separation after actual matrimony. PI,, tarch mentions a very severe law of Romulus, which suffered not u wife to leave her husband, but g^ave a man the liberty of turning off his wife, either upon poisoning her children, or counterfeiting hib private keys, or for the crime of adultery. But, if the husband on any other occasion put her away, he ordered one moiety of his estate to be ^nven to the wife, and the other to fall to the j^oddess Ceres; and that whosoever sent away his wife, should make an alonemcir to the -ods of ti)c earth.- It is very remarkable, that almost six hundred years after the building of the city, one P. Servilius, o: Carvilius Spurius, was the first of the Romans that ever put awa^ his wife." The common way of divorcing was by sending a bill to the mo man, coniaining reasons of the separation, and the tender of all he g..ods which she brought with her: this they termed refiudUu, mitten-. Or else it was performed in her presence before sufficicir witnesses, with ih€ formalities of tearing the writings, refunding d) portion, taking away the keys, and turning the woman out of door. Jiui however the law of Romulus came to fail, it is certain that u. later lim-- h.. nomen too, as well as the men, might sue a divorc and ente; uii a separate life. Thus Juvenal, Sat. 9. 74. FuEi-ie7Ucm Siepe ftuellam Amf^lfru rapid ; tahvlas ^uoqne/rc^erat, et jam Siifjiabat. And Martial, Lib. 10. i,i)igr. 4i: Meu^ novo Mini vetercm Proctdeia wavitvvi Dcaevis^ atijue Jubts res sibi habere eita.^ Wc have here a fair opportunity to enquire mio the grounds of ih. common opinion about borrowing and lending of wives among the Romans. He that chargeiii them most severely with this practice iS the most learned Tertullian, in his Apology, ch. 39. ' Omnia in =" Flutaich. in Romul. " Valor. Max. lib. 2. cap. ]. Plut. Compar. Komul. et Thcs. et Horn. Uu. J3. or THE ROMANS. 319 iliscreta sunt apud nos, he' * All things (says he, speaking of the christians) are common among us» except our wives : We admit no partnership in that one thing, in w hich other men are more profess- rtilv partners, who not only make use of their friend's bed, but very patiently expose their own wives to a new embrace: I suppose ac- cording to the institution of the most wise ancients, the (irecian So- raics, and the Roman Calo, who freely lent out their wives to iheir friends !' And presently after, ' O sapieniiae Attic?e et Romanje gra- vitatis exeniplum I leno est philosophus et censor.' ^ * O wondrous example of Attic wisdom and Roman gravity I a philosopher and a rensor turn a pair ol pimps.' Chiefly on the strength of Tnis authority, the Roi^jans have been krenerally taxed with such a custom ; and a very great man of our. own country" expresseth his compliance with the vulgar opinion, •hough he ingeniously extenuates the fault in a parallel instance. So aiuch indeed must be granted, that though the law made those hus- bands liable to a penalty w ho either hired out their wives for money, or kept them after they had been actually convicted of adultery, yet the bare permission of that crime did not fall under the notice of the rivil power. And Ulpian says expressly, ' ei qui patitur uxorcni 5uamdelinquere,matrimoniumquesuumcontemnii,quiquecontaini- natione non indignatur, poena adultcratorum non iniligitur.' ' He that suffers his wife to defile his bed, and contemning his matrimo- nial contract is not displeased at the pollution, does not incur the penalty of adulterers.' But it is almost impossible that this should give occasion to such a fancy, being no more than what is tolerated at present. It may therefore be alleged in favour of the Romans, that this opinion might probably have its rise from the frequent practice of that sort of marriage, according to which a woman was made a wife only by possession and use, without any farther cere- mony. This was the most incomplete of all conjugal ties; the wife ')cing so, rather by the law of nature, than according to the Roman constitution; and therefore she was not called Mater-familias^ nor had any right to inherit the goods of her husband ; being supposed to be taken purely on the account of procreating issue. So that after the bearing of three or four children, she might lawfully be given to another man. As to the example of Calo (not to urge that Tertullian has mistaken the censor for him of Utica,and so lost the sting of his sarcasm) the best accounts of that matter may be had from Strabo and Plutarch. The place of Strabo is in his 7th book. 'Wf^^HTi rfxt^tTu^Ttx^TtC^m'in ' Sir William Temple's Introduction to the Hist, of England '»20 IHE MARRIAGES, ScC OF THF noMAVR X ot these lapynans, that it is counted lawful amonj,^ them to trive away their wives u> other men, after they have had two or thre^ children by them : As Cato in our time, upon the recjuest of llorten sius, .qave him his wife Marcia, accordin^^ to the ohl custom of tht Romans.' Here by ^kMovu^ and i^^cK, we should not undcrstam' the lending or letting out of xvoinen, hut th«^ marrying them to ncu husbands, as Plato useth iyJor^v i^vyxr^^m rath, to bestow daughic. in marriage. Plutarch before he proceeds to ].. . iUaU-M,, has premised that this passage, in the life of Cato, looks like a fable in a play, and is very difiicult to be cleared, or n.ade out with any ccrtaintv. His narration IS taken out of Tharseas, who had it frotn Munatius, Cato's frirnr' and constant comj)anion, and runs to this cfTect : " Quintus Ilorlensius, a man of signal worth, and aj)proved vuuu, was not content to liv.- in friendship add familiarity with Cato, bu' desired also to be united to his Icunily, by some alliance in marria'M 1 herelore waiting upon Cato, he began to make a proposal abo, taking Cato's daughter Porcia from IJibulus, to whom .^he had al- ready borne three children, and making her his own wife ; ofVcring t restore her after she had bo. ne him a child, if Bibulus was not wilHng to part with her altogether ; adding, that though this, in the opinion of men, might seem strange, yet in nature it would appear honest and profitable to the public; with much more to the same purpose Cato could not but express his wonder at the strange project, bin withal approved very well of uniting their houses ; when Plortensius. turning the discourse, did not stick to acknowledge, that it wa< Cato's own wife which he really desired. Cato, perceiving his earnest inclinations, did not deny his request, but said that Philip, being the father ol Marcia, ought also to be consulted. Philip, being sent for, came, and finding they were all agreed, gave his daughter Marcia to irortensius, in the presence of Cato, who himself also assisted ai the marriage." So that this was nothing like lending a wife out, but actually mai- rying her to another while her first husband was alive , to whom she might be supposed to have come by that kind of matrimony, which 1^ iounded on the right of possession. And upon the whole the Ro- mans seem to have been hiilierto unjustly taxed with the allowance ol a custom not usually practised among the most barbarous and savage part of mankind 521 CHAP. X. OF THE ROMAN FUNERALS. I 11 L mo>>t ancient aud generally received ways of burying have )ecn interring and burning; and both these we find at the same time n use among the Romans, borrowed in all probability, from the Gre- lans. That the Grecians interred their dead bodies, may, in short, ' evinced from the story of the Ephesian matron in Petronius, who ^ descried sitting and watching her husband's body laid in a vault : .nd from the argument which Solon brought to justify the right of he Athenians to the isle of Salamis, taken from the dead bodies that ere buried there, not after the manner of their competitors the Me- :arensians, but according to the Athenian fashion ; for the Megaren- lans turned the carcase to the east, and the Athenians to the west; *nd that the Athenians had a distinct sepulchre for each body, vliereas the Megarensians put two or three into one.F That the same topic sometimes burnt their dead is beyond dispute, from the tes- mony of Plutarch, who, speaking of the death of Phocion, tells us, nat for some time none of the Athenians dared light a funeral pile J burn the body after their manner. As also from the description S the plague of Athens in Thucydides, tVi 'xv^k<; yxp uXmt^U^, Sec. :lh the translation of which passage Lucretius concludes his poem : A''amqne suos consan^uineos aliena rogorum Insuper exstructa ing^nti clamove locabant^ Subdthantqxie faces, multo cum sangvine s ' mag- nificenre, ih, ^^ . pie being presented with public shows, unu other common diverlisements. The Funiifi fiublicum, which \vc meet \vitli so often, may be someiimes understood as entirely the same witii the hidictive funeral, and sometimes only as a species of it. It is the same, when it denotes all the s»atc and grandeur of the more noble funerals, such as were usually kept for rich and great men. It is only a species of the indictivc funeral, when cither it signifies the proclaiming of a vacation, and an injunction of public sorrow, or the defraying the charges of the funeral out of the public stock. For it is probable that, at both these solemnities, a general invitation Ma? made by the crier; yet in this latter it was done by order of th^ ... nate, and in the former by the will of the deceased person, or the pleasure of his heirs. But no one will hence conclude, that the ' N. H. lib. r. cap 16. u Idem, lih. 2 cap. 54. ' Ducicr on Horace, Art. Poet. ver. 471 .iitrals ol all such rich men, were attended with the formality of vacufion, and an order for public grief. For this was accounted f,(. greatest honour that could be shown to the relics of princes ;.iselves : Thus the senate decreed ^ /lubiic funeral for Syphax, „(! the once great king of Macedon, who both died in pi ison under he power of the Homans.^ And Suetonius informs us, that Tiberi- .„« and Viiellius,y were buried with the same state ; yet, upon ac- „inf of having performed any signal service to the commonwealth, honour was often conferred on private men, and somr^imes upon omen too, as Dio relates of Attia the mothe- r.c j,^,, Cxsar;^ .lid Xiphilin of Livia • No, wa:. this custon* peculiar to the Ro^ ,ans ; for Lacrtius reports of Democritus, that deceasing, after he lived above a hundred years, he was honoured with z /luh/ic ■ i.cial And Justin tells us, that the inhabitants of Marseilles, then . r.recian colony, upon the news of Rome's being taken by the ^rauls, kept a /^udlic funeral to tc ^^ i^^ condolence of the cala- There ^f-ni to have been different sorts of/? ;//.//f funerals in Rome, . rordiiig to the magistracies or other honours which the deceased ersons had borne; as the Pratorium, the Cn^isulare, the Cen.r^ri- and the Triumphale. The two last were by much the most :f-^nificent, which, though rr>r...,iy distinguished, yet in t he time of •: emperors were joined m une, with the name o{ Funu, Ceneorium 'v, as Tacitus often useth the phrase. Nor was the Censorian fu- nl confined to private persons, but the very emperors then^selves honoured with the like solemnity after their deaths, as Taci- ' ports of Claudius/ and Capitolinus of Pertinax. The Funii, Tnrinnn, opposed to the Indictive, or public iuutV2^\. >' p'- i- a i.iivaie manner, without the solemnization of sports, 'it pomp, without a marshaller, or a general mvitation. Thus c.-cca de Tranquil. Anim. * Marti natus es : minus molestiarurr. ibet funus tacitum.' And Ovid. Trist. I. Eleg. ;. 2.59 : Qiiocungve OJtfncereo, Formaqiie n-.m *an'i aonaoant, at. 'IS is the same tr...i L^pituijau^ ran-. i'u-nu. i)o;.) i> acquainted with. The reason of it is not so well known : Most probably, ihey thought by this pious act to receive into their own bodies the soul of their departing friend. Thus Albi novanus in the cj)iccdc of Livia : So.tpitc tr iia'i''m viori(n\ A''ero ; tu mea coridait Jjiimifia, ' ■' ripias banc nnimaui ore pio, T^'or the ancients b< litvcd that the soul, when it was about leaving the body, made use of the mouth for its passage ; whence animaw in jirimo orc^ or in Jirinna labria tenere^ is to be at death's door And they might well imagine the soul was thus transfused in thf last act of life, who could fancy that it was communicated in an or dinary kiss, as we find they did from these love-verses, recited b^ Macrobius, the original of which is attributed to Plato : Jhim !>emihulco suai'io Meum pidliim siinvoirf Jhdceynqve Jlorein spiritn.f Jhico er aperto tramite^ Jinimo tunc le^rn et ftaricia Conrvr)-)t ad labia mibi, StcS Nor did they only kiss their friends, when just expiring, but after wards too, when the body was going to be laid on the funeral pile Thus TibuUus, Lib. 1. Eleg. 1 : Flebis et arsuro posit um mc^ DeliOy lecto, Tnstibus et lucrymin uscida mixta dabis. .Mid Propertius, Lib. 2. Eleg. 12 : OscuUique in gelidis poyies siiprema labelling Cum dabitur Syrio munere pleniis onyx. Another ceremony, used to persons expiring, was the taking oil Their rings. Thus Suetonius reports, ' that when the emperor Tibe- rius swooned away, and was reputed dead, his rings were taken from him, though he afterwards recovered, and asked for them again. ''^ riicy are much mistaken, who fancy him to have done this with de- sign to change his heir; for though it was an usual custom with the ancients to constitute their heir or successor, by delivering him their ings on their death-bed, yet this signified nothing, in case a legal vill was produced to the contrary. '» Hut whether they took oft* the rings to save them from the persons onccrned in washing and taking care of the dead body, or on any other account, it is very probable that they were afterwards restored attain to the fingers, and burnt in the funeral pile, as may be ga- thered from the verse of Propertius, where describing the ghost of his mistress in the habit in which she was burned, he says, Et soUtum digito beiylloti redderat i£^nif,\ Lib. 4. El. 7. The custom of closing the eyes of a departing friend, common )oth to Romans and Grecians, is known by any one that has but looked into a classic author. It may only here be observed, that this ceremony was performed for the most part by the nearest rela- tion, as by husbands to their wives, and by wives to their husbands, by parents to their children, and by children to their parents. Sec. of all which we have a multitude of instances in the poets. Pliny tells us thai, as they closed the eyes of the dying persons, so they like- >rise opened them again when the body was laid on the funeral pile : \nd his reason for both customs is, ' ui ncque ab homiiie supremum bpcctari fas sit, et coelo non osiendi nefas;'' ^ because they count- ed equally impious, that the eyes should be seen by men at their last motion, or that they should not be exposed to the view of heaven.' As for the ceremonies used to persons after they were dead, they n>ay be divided into three sorts, such as were performed before the burial, such as concerned the act of the funeral, and such as were done after that solemnity. Before the burial, we meet with the customs of washing and anointing the corpse, not by any means proper to the Romans, but ^ Ner. 33. August. 91 Macrob. Saturn, lib. 2. cap. 2 ^Cap.r.'^ -' Vklcr, Max. lib. 7. cap. 8. 43 » Lib. 11 .326 TH£ FUNERALS anciently used by almost all the civilized parts of the world, owin > their firs! rise to the invention of the Kj^-ypiians. These offices in Uon)e were either performed by the women whom they ievmitil fune^ rv<£ ; or else in richer or nobler families by the i./7»;Y?>2ar//, a society of men who got their livelihood by preparing things in order to ihc solemnization of funcrah. I'hcy had their names from Libit ma, ihi goddess who presided over obsequies. Hence the word JJditma is conmir>nly used for death itself; or for every thing in general relating, to the futierals, because, in the temple of that goddess, all necessa- ries proper on such occasions were exi)Osed to sale. Phitdrus alludf. to this custom, speaking of a covetous miser, Lib. 5. Fab. 77: Qui cirnimcidfft omnem impmstim Funevis, Libitina ne g^iid de tun f'ariaf htcrnm. But to return to the Ltb.i.^.u, u, lucy seem to have been the chief persons concerned in ordering funerals, undertaking the whole care and charge of such solemnity at a set price ; and therefore they kept a great number of servants to perform the working part, such as the Pollinaorcs, the Ves/iiUoncs, &c. The first of these were employed to anoint the dead body, and the others we may chance to meet with hereafter. In allusion to this custom of anointing the corpse, Mar- tial, iii. 12. plays vciy genteelly on the master of an entertainment, where there was much essence to be got, but very little meat: U})gnentiimfateor honum dediati Convivisy here ; sed niliil scitlisti. Rtf ndlsa est bene olen- et esurire. Qui non ca/iat, et ntig'itur, Fabulle, Js rere miJn viortuus ridetur. When the body had been washed and anointed, they proceeded to wrap it in a garment ; the ordinary people for this purpose made use of the conmion gown, and though in some parts of Italy the inhabi- tants were so rude as not to wear the gown while they lived, yet Ju- venal informs us that they did not want it at their death : Pars magna liali.e eat, si vennn admittimus, in qua .A'cwo togam sionit nisi mortmis. Sat. 3. 171. But those who had borne any public office in the state, or acquired any honour in war, were after their death wrapped in the particular garment which belonged to their place, or to their triumph; as Livy' and Polybius"* expressly report. It may here be observed, that the imcicnts were so very careful and superstitious, in refer- ence to their funeral gowns, that they often wove them for them, selves and their friends during life. Thus Virgil brings in th. mother of Euryalus complaining, OF THE ROMANS. •JVec tCf tuafuneva, mater. 327 Produxi, presdve ocidosy nee vulnera lavi, Vesti teiceyiSy tibi quum noctesfestina diesque Urgcbam, et tela euros solabar aniles. JEx. ix. 486. If the deceased had by his valour obtained any of the honoura])lc ^oronets, it was always put on his head, when the body was dressed for the funeral; that the reward of virtue might in some measure be enjoy ^u after death, as Cicero observes in his second book of laws. Other persons they crowned with chaplels of flow ers, and with those too adorned the couch on which the body was laid. The primitive Christians inveighed severely against this custom, as little less than idolatry, as is to be seen particularly in Minutius Felix' and Ter- luUian.m The next ceremony that followed was the collocatio, or laying out of the body, performed always by the nearest relation : Whence Dio censures Tiberius for his neglect of Livia, are voc-htxv i'rscKi-^xro^ are uTifixvao-xv «oTo<;7r^oi0£'lo. '* He neither visited her when she was sick, nor laid her out with his own hands after she was dead." The place where they lay the body was always near the threshold. at the entrance of the house : 'recipitque ad limina gressum, Corpus vbi exanimi positum Pallantis Accetes Servabat senior. Vino. iEw. xi. 29. And they took particular care in placing the body, to turn the feet outward, toward the gate, which custom Persius has left us elegantly described in his third Satire, 103 : 'tandemque beatulus alto Compositus lectOf crassisque lutatas amomis. In portam rigidos calces ej tendit. The reason of this position was to show all persons, whether any violence had been the cause of the party's death, which might be discovered by the outward signs. We must not forget the conclamatiOy or general outcry set up at such intervals before the corpse, by persons who waited there on purpose; this was done, either because they hoped by this meanjj to stop the soul, which was now taking its flight, or else to awaken its powers, which they thought might only lie silent in the body without action. For the first reason we are beholden to Propertius, iv. 7 : At mihi non oculos quisquam inclamavit euntes, Unwn impetrassetn ie rr-Hjcante diem. The other is taken from the explication of this custom by ServiuSj rtn the sixth of the iEncids, and seems much the more probable ' Lib. 34. »• Lib. 6. Octav. pag. 109. Fdit. Oxon. "> T)r Corona Mil, J2H IHE FUNERALS f OF THE ROMANS. 52*? design, lor the physicians ir'r r -f-rral instances of persons, who beintj buried through haste, in an apoplectic fit, have afterward', come to themselves, and many times miseiably perished for uanto) assistance. If all this crying out signified nothing, the deceased was said to be conclujnatus^ or past call, to which practice there are frecpicn' allusions in almost every author. Lucan is very elegant to this pm pose, Lib. 2 : Sicfimere prhnn /tttniiide taciierc domunj qmnn corftnra iioiuhnn Cojichimata Jacenty nee malrr crine aohttn E.rl'j-it (1(1 ^,CT'j- fdnvifnrinn h^dchiu phinctiis. 'I'heic i^> acaiL-c all) ccicinuny rtiiiaining which was performed before th(; burial, except the custom of sticking up some sign, bv which the house was known to be in mourning. This among the Romans w as done by fixing branches of cypress, or of the pitch-tic( near the entrance, neither of which trees being once cut down cvti revive, and have (mi that account been thought proper emblems of a funeral." Thus much was tlone before the funeral. In the funeral we mav take notice of the clatio^ or carrying forth, and the act of burial. What concerns the first of these, will be made out in observing the day, the time, the ])ersons, and the place. What day after the per- son's death was appointed for the funeral, is not very well agreed on Servius, on that passage of V'irgil, ^n. ' verse 65, PviftevtUy si noim lUen m(jrtalibus iC§-n>, &c. expressly tells us, that * the body lay seven days in the house, on the eighth day was burned, and on the ninth the relics were buried.' But there are many instances to prove that this set number of days was not always observed. Therefore perhaps this belonged only to the indictive and public funerals, anil not to the private and silent, especially not to the actrbu funera^ in which things were always huddled up with wonderful haste. Thus Suetonius reports of the funeral of Britannicus," and of the emperor Otho :»» And Cicero firo Cluentio, ' Eo ipso die puer cum bora undecima in publico cl valens visus esset, ante noctem mortuus, et postridie ante lucent cond)Uslus.' As to the time of carrying forth the corpse, anciently they made use only of the night ; as Servius observes on those words of Virgil ■J)c inoi c L tills to Funereas rafnurc faces. ^ Plin. lib. 16. cap. 33, Soiv. ad JEn, 4 • Ner, 32. iEx. 11. V. 142, P Otho, 81 The reason he gives for it is, that hereby they might avoid meet- ;ig with the magistrates or priests, whose eyes they thought would ')c defiled by such a spectacle. Hence the funeral had its name : finialibus, from the torches; and the ves/iilloncs, or vesfierones, were so called, from vcsfier^ the evening. Nothing is more evident, than that this custom was not long ob- served, at least not in the public funerals, though it seems to have oniinued in the silent and private, as Servius acquaints us in the ,ame place. Hence Nero took a fair excuse for hurrying his bro- hcr Britannicus's body into the grave, immediately after he had .cnt him out of the world. For Tacitus reports that the emperor Jcfended the hasty burial which had caused so much talk and sus- )icion, in a public edict, urging that it was agreeable to the old in- titutions, to hide such untimely funerals from men's eyes, as soon s possible, and not detain them with the tedious formalities of ha- .angues, and pompous processions. It may not be too nice a re- naik, that in the more splendid funerals, the former part of the day eems to have been designed for the procession. Thus Plutarch elates of the burial of Sylla, that, the ' morning being very cloudy vcr head, they deferred carrying forth the corpse till the ninth lour,' or three in the afternoon. But though this custom of carry- rig forth the corpse by night in a great measure ceased, yet the scaring of torches and tapers still continued in practice. Thus V'irgil, in the funeral of Pallas, iEn. 11.144: ,t Lucet xna lonffo Orcline Jiammarumf et late discriminat agros. \nd Persius, Sat. 3. 103: Hi7ic tubOf candeliX^ &c. And, because tapers were likewise used at the nuptial solemnity, he poets did not fail to take the hint for bringing them both into the same fancy. As Propertius, Book 4. Eleg. last: Viximus insig^nes inter utramgue facem. And Ovid, in the Epistle of Cydippe to Acontius, 1 72 : Ety face pro thalami,fax mihi mortis erat. Among the persons concerned in carrying ftrth the corpse, wt may begin with those that went before the funeral-bed, such as the iiticines, the /ir^e/ica, the ludii, and histriones^ the new freed-men. the bearers of the images, &c. The name of siticines, A. Gellius? derives from situs and cano, from singing to the dead. They ^vere of two sorts, some sounding on the trumpet, others on theflut^. 1 Lib. 20. cap. 2 330 UIL FUNERALS OF THE ROMANS. ool or pi|>c. That the trumpets had a share in this solemnity, wc lean from Virgil, in the funeral of Pallas. ^En. 1 1. 192 : Ej'oritur clamorquf: vitum claniforque tubarum. \n(l from Propertius, Rook J. KIci'- 7: , /// 'III iiini i^t/iu>-.\ til/!'-' ft tiui^ CytithiUf soynno^ 'I i/iiii, fiiiit'Rtn fyi-tinr if'ii luhii ' \n(l Pluiarcu iciis a noiauic siory <>1 a magpie, that, upon heai ng the trumpets at the funeral of a rich man, for some time aftc! «juilc lost her voice, and could raise no manner of note ; when one. sudden, as if she had been all this while deeply meditating on the matter, she struck up exactly the same tunes that the trumpeter^ had played, and hit all the tunes and changes to admiration/ For it is likely that the trumpets were used only in the public t\incrals, to give the people notice to appear at the solemnity, as Lipsius instructs us.« The tihicines some restrain to the funerals of children, and vounger persons, as Servius observes on the first of the iEneids, aiid Statius, Theh. 6. in the funeral of Achemorus: 7'r/wj signnni hictua coniu grave 7nugis adiinco Tibiay cui teiieros suetvm pvoducerv manes. The learned Dacicr has lately declared himself of the same opinion/ But it is certain that this cannot always have held good For Suetonius mentions the tibix in the funeral of Julius Caesar," .ind Seneca in that of Claudius, in his ^fiorolocynthoais. And Ovi^ says of himself in plain words, Interea iwstri quid agant nisi tristr libelU ? Tibia funei'ibns cunvetiit ista meis. Trist. v. Eleg^. 1. Therefore it seems more probable, that the flutes or pipes Mert nscd in all sorts of funerals, as the most accurate Kirchmaii ha' given his judgment. It appears from the figures of trumpets and flutes on the old monuments, that instruments of those kinds, used at funeral so- lemnities, were longer than the ordinary ones; and so fitted to give A sharper and more mournful sound. Hence Ovid calls the fune ral trumpet /o/iifa tuba : Pru lofiga renonenf ^a^mina vestra tuba • Amoh. 2. El. 6. 6. After the musicians went \\\q; firxjicxs or the mourning women, hired on purpose to sing the nxma or lensus^ the funeral song, filled with the praises of the deceased ; but for the most part trifling and mean. Hence the grammarian in Gellius took his flout against the philosophers, < Vos philosophi mera estis (ut M. Gate ait) mortu- aria glossaria. Namque collegistis et lectitastis res tetras, et ina- r,es, ct frivolas,tanquam mulierum voces prxficarum :'' ' You phi- oso|)hers (as Caio says) are mere dealers in trash ; for you go and (,llect a parcel of dry worthless stuff, just such, for all the world, .:. old women whine out, who are hired to sing the mourning song .t a funeral.' That the iLidi and /;/.9^r/o;jf.9, the mimics and players, went before be funeral-bed, and danced after the satiric manner, we have the .uihoruy of Dionysius in his ninth book. Suetonius tells a story ol •he arch-mmuc who acted at the funeral of Vespasian.w The custom for the slaves to go with their caps on before the -orpse. and to be thereupon made free, is confirmed by a law ol Jubiiman, and we meet with many examples of it in history. As to the beds or couches borne before, in the funeral solemnity, he design of these was to carry the waxen images of the deceased person's ancestors; which were therefore used only in the funerals .f those who had theyi/6 ima^inum, the right of keeping the effigies f the men of their family, which at home were set up in wooden presses, and taken thence to be publicly shown after this n,anncr,on ^he death of any of their near relations.* Before the corpse of princes, or some extraordinary persons, not only the effigies of their ncestors, but the statues too of other great men, were borne in tate. Thus Augustus ordered six hundred beds of images to be arricd before, at the funeral of Marcellus; and Sylla the dictator 1(1 no less than six thousand.y Besides all this, such as had been eminent for their achievements n war, and gained any considerable conquest, had the images and eprcsentations of the enemies they had subdued, or the cities they ad taken, or the spoils won in battle; as Dionysius^ rei)orts in the • ancral of Coriolanus, and Dio» in that of Augustus. This custom ^ H'gil alludes to in the funeral of Pallas, ^n. xi. 7^: Multaqne prxterea Laiirentis praemia pugna- Jlggerat^ et tongo pvxdam jubet ordine dud. ^nd a little after: Indutosque jubet tnincos hostilihus armis ^ Jpsosferre duces, initnicaquc nominafgi. The lictors too made a part of the procession, going before the ^orpse to carry ihc fasces, and other ensigns of honours which the '.eceased had a right to in his lifetime. It is very remarkable, tha^ » Plut. de Aniinai. Solert. » Dc Mihtia, lib. 4. cap. 10 ' Horace, Book 1. Sat. 6. v. 44. •^ Cap. as. A. Gell. lib. 18. cap. 7. ' Cap. 19. Plin. N. H. lib. 25, cap. 2. y Serv'ius in Jf.n. II ' Lib. 8. • Lib. 56. 33a THE FUNERALS OV THE ROMANS. 3ii3 the rods were not now carried in the ordinary posture, but turned quite the contrary way, as Tacitus reports, in the funeral of Ger- nianicus.'' Hence Albinovanus in the funeral of Drusus: Quos primum vidi fasces, in f unci e xidi, Et vidi versosy indiciumque mali. We may now go on to the persons who bore the bier, or the iu ncral-bed ; and these were for the most part the nearest relations o- the heirs of the deceased. Hence Horace, Book 2. Sat. 5: Cada ver Unctiim oleo largo nuiUs humens tulit hceres. And Juvenal, Sat. 10. 158: Incolurni 'I'jojay Priamus venisset ad umbrap Aasaraci magnis solenyiibisy Hectore funus Portantey et reliquis fratram cervicibus Thus they report of Metellus who conquered Macedon, that he was arried to the funeral pile by his four sons; one of which was the Praetor, the other three had been all Consuls; two had tri uinphrd, end one performed the office of Censor.'' Sometimes persons who had deserved highly of the common wealth were l)orne at their funerals by the magistrates, or the sena- tors, or the chief of the nobility. Thus Plutarch relates of Numa, ^-i'lconius of Julius Caesar;'' and Tacitus of Augustus.* And the ^ strangers and foreigners that happened to be at Rome at the Gv\ .. of any worthy person, were very desirous of signifying their respects to his memory, by the service of carrying the funeral-bed, when he was to be buried ; as Plutarch tells us in the funeral oi Paulus iEmclius, that as many Spaniards, Ligurians, and Macedo- nians, as happened to be present at the solemnity, that were young and of vigorous bodies, took up the bed, and bore it to the pile. Persons of meaner fortunes, and sometimes great men too, if they were hated by the people, were carried to their burial by the vesfiil- loves^ or by aandafiiUoneti^ who lived by this employment. Thus Suetonius* and Euiropius*^ relate of the emperor Domitian. There fore in this last way of bearing out, we may suppose them to have \ised the .sandafiila or common bier, as in the former the lecticx or Ifcti^ the litters or^cds. This bier is what Horace and Lucan call vilis urea : A7igustis eject a cadavara cellis Consein.'iift vili portando locabat in area. Da vilem JMagno plebeii funens arcam, Qu(C laccnim corpus siccos effundat in ignes. It is worth observing, that sometimes the bed or bier was coveretl lion. L. 1. Sat. 8. Luc. L. 8, * Annal. 3. • Cap. 84. ' Annal. 1 • Plin. HI). 7. cap. 44. Val. Max. hb. 7 • Cap. IT. ^ Lib. 7- ,.iU soit^etimes not. It was exposed often, if the party had died a ■latural death, and was not very much deformed by the change; and therefore now and then they used to paint the face, especially of vomcn, to make them appear with more advantage to the sight. Die tells us in the life of Nero, that he daubed the body of Britan- iiicus over with a sort of white-wash, to hinder the blucness of the ilc'sh, and such other marks of the poison, from being discovered ; but a great rain falling at the time of the procession, washed off !he paint, and exposed the fatal tokens to the view of the whole ncoplc. But in case the visage was very much distorted, or upon some other iccount not fit to be shown, they threw a covering over the bed. riius Paterculus reports that Scipio Africanus was carried forth to •he burial -oclato cajiitc.h Sometimes loo, when the tuce or the head Kid been miserably bruised, (as if the fall of a house, or some such ccidcnt, had occasioned the parly's death,) they used to enclose he head and face in a masque, to hinder them from appearing; and he funerals in which this was practised, they termed larvatafiincra. But the greatest part of the persons were those that followed the torpsc. These in private funerals were seldom many besides the friends and relations of the deceased; and it was very usual in a viil, to bestow legacies upon such and such persons, upon condition they should appear at the funeral, and accompany the corpse. But it the indictive or public funerals, the whole city flocked together ipon the general invitation and summons. The magistrates and enators were not wanting at the procession, nor even the priests •hcinselves, as we find in the funeral of Numa, described by PIu- arch. To give an account of the habit and gestures of the mourners, or of the relations and others that followed the corpse, is in a great neasure unnecessary ; for the weeping, the bitier complaints against .'le gods, the letting loose the hair, or sometimes cutting it off, the hanging the habit, and the laying aside the usual ornaments, are all too well known to need any explication. Yet there are many things singular in these subjects which deserve our farther notice. Thus, they did not only tear or cut off their hair, but had a custom to lay- it on the breast, or sometimes on the tomb of the deceased friend. Hence Ovid of the sisters of Narcissus : Planxere s or ores J\'(ud(jSf et sectos fratri imposuere capillo'^. fc Lib. 2. 44 534 THE FL^NERALi; OF THE ROMANS 135 And Statius, Theb. r : .it hiCy si Jflaufftrn diicentHy • Tergoqne et pcctore fusaiu Copsntirm ffivo minnitf sectifujuc Jnceiitin Ohnubit tennia ova comis. it is no less obsei vablc, tliat at the funcrali of their parents, liu •jOns were covered on their heads, and the daughters uncovcicc] . perhaps only to recede as far as possible from their ordinary habit Yet it is likely that, in ordcrint^ the sons to cover their heads at such solemnities, they had rcp;aid to the common practice of always wear- ing sumcthini^ on their heads when they worshipj)C{l the gods, anc' especially when they were present at a sacrifice. The original anci grounds of this superstition arc most admiral)ly given by Virgil, m ♦he prophet Helenus's iiistrurtions lo ybLneas : Quiri tibi transmisitx fsteterint trans ,rqunra cl^tssc?, Kt ftos-ifis arif!, jam I'oia in littorr yolvra^ J*uvJtureo i^efnre comaa adofiertns amivtu^ »\V qua inter snncto.s iqnes in /tonorr decorniv Hoai ilia fades occurraf, et otnnia ttnbet. JIunc socii morem sacroruWf hunc i/tse tefieiu Hue casti mmieant in rvlij^ione nepotee. JEs. 3. 403, As to the mourning habits, it has been already observed,' that tlu senators sometimes on these occasions went attired like knights, tlit magistrates like senators, Sec. and that the common wear for mourn jng was black. lUit v.e may farther remark, that though this wab the ordinary colour to express their grief, used alike by both sexes, yet after the establishment of the empire, when abundance of party colours came in fashion, the old primitive white grew so much intt contemj)t, that at last it became proper to the women for their mourn ing clothes. Thus Statius in the tears of lletruscus : Jfifc vittafa comam viveoque insignis amictv AUtihus extquiis adrc. And though it niay with some reason be thought that the poC here, directing his speech to the goddess Piety, gives her that habit, rather as a mark of purity and innocence, than as the proper badge of grief in her sex; yet the matter of fact is still evident from the authority of Plutarch; who states this as the subject of one of hi;^ problems, and gives several reasons for the practice. After the Persons follov.s the Place whither the procession wai directed, by which we must be guided in our next enquiry. In all the funerals of note, especially in the public or indictive, the corpse was brought with a vast train of followers into the I'orum. Thus Ho- race, Book 1. Sat. 6 ; ^ Ijook 5. cap. r Con^cvi^antque foro tria funcrii^ mai^nn noiudut CorniKi quod vincutqnc tulnis. • ■ Here one of the nearest relations ascended the rostra, and obliged the audience with an oration in praise of the deceased. If nunc ot the kindred undertook the ofiice, it was discharged by some of the most eminent persons in the city for learning and eloquence, as Ap- pian reports of the funeral of Sylla.J And Pliny the younger reckons ii as the last addition to the happiness of a very great man, that he had the honour to be praised at his funeral by the most eloquent Ta- citus, then Consul ;k which is agreeable to Quintilian's account of this matter, .Yam. etfutiebra^^ Sec. * For the funeral orations (says he) de- pend very often on some public office, and by order of senate are many times given in charge to the magistrates lo be performed by iheniselves in person.'* The invention of this custom is generally attributed to Valerius Poplicola, soon after the expulsion of the regal family. Plutarch tells us, that, ' honouring his colleague's obsequies with a funeral oration, it so pleased the Romans, that it became customary for the best men to celebrate the funerals of great persons with speeches in their commendation ' Nor was this honour proper to one sex alone, for Livy reports, that the matrons, upon account of making a collection of gold for ihe deliverance of Rome from the Gauls, were allowed as a signal favour to have funeral panegyrics in the same manner as the men.' Pkitarch's relation of this matter differs from Livy only in the reasons .)f the custom : ' He acquaints us that when it was agreed after the aking of Veii, that a bowl of massy gold should be made and sent to Delphi, there was so great a scarcity of gold, and the magistrates so puzzled in considering how to gel it, that the Uonran ladies meeting logether, and consulting among themselves, out of the golden orna- ments that they wore, contributed as much as went to the making the jfl'cring, which in weight came to eight talents of gold. The senate, 10 give them the honour they had deserved, ordained that funeral orations should be used at the obsequies of women as well as of men, which had never been a custom before.' But it seems probable, that this honour was at first only paid to aged matrons ; since we learn from the same excellent author, that there was no precedent of any funeral oration on a younger woman, till Julius Caesar first made gne upon the death of his own wife. I i 'E/u?y/.. lib. 1. ^ Lib. 2. Epist. K I; Institut. lib, 3. cap. 6. 336 THE FUNERAl.!* Ol THE ROMANS. o'37 Ciccrof" and Livy- complain very much of tliis custom of funeral speeches, as if they had conduced in a great measure to the corrup- tion and {alsifyini^ of liistory. For it beini; ordinary on those occu sions to be directed more by the precepts of oratory, than bv the true matter of fact, it usually liappened, that the deceased party was extolled on the account of several noble achievements, to wliich he had no just pretensions; and especially when they came to enquire into their stock and original, as was customary at these solemnities, Ihey seldom failed to clap in three or four of the most renowned persons of the commonwealth, to illustrate the family of the cle ceased; and so by degrees well nigh ruined all proper distinctions of houses and blood. The next place to which the corpse was carried, was the place oi burning and burial. It has been a custom amongst most nations to appoint this without the city, particularly among the Jews and (irceks; from whom it may be supposed to have been derived down to the Romans. Tluit the Jews buried without the city, is evident from several places of the New Testament. Thus the sepulchre, in which Joseph laid our Saviour's hotly, was in the same place in whicli Jie was crucified,'' whi( h was near to the city.^ And we read in St. IVlatthcw, that at our Lord's passion ' the graves were opened, and many bodies of the saints which slept arose, and came out of tlicii graves after his resurreclion, and went into the holy city, and ap^ pcared unto many/'i As to the Grecians, Servius in an epistle to Tully,^ giving an ac- count of the unhappy death of his colleague Marcellus, which fell ou* in (ircece, tells him, that he could not by any means obtain leave of the Athenians to allow liini a burying-place within the ciiy, tlic\ urging a religious restraint in that jioint, and the want of precedent^ for such a practice. The Romans followed tia .^aim. lumoui from the very first building of the city, which was afurwards settled in a law by the Decemviri, and often re\ ived and confirmed by several later constitutions. The reason of tliis ancient practice may be resolved into a sacred and a r.ivil consideration. As to the former, the Romans, and most other people, had a notion, that whatever had been consecrated to the su- pernal gods, was presently defiled ui)on the touch of a corpse, or even by bringing such a spectacle near it. 'J'hus A. Oellius tells us, that the f'lamen Dialh might not on any account enter into a place where 'here was a grave, or so much as touch a dead body.* And, if the "^ In Ihuto. « John, xix. U. «» hlein, '20. "Lib. 8. n Matthew, xxvli. 52, S3, «• Famil. hb. 4. Epist. 12. * I/ib. 10. cap. 15. pLiitifex Maximum happened to praise anyone publicly at a funeral, rhcre was a veil always laid over the corpse to keep it from his sight ; as Dio reports of Augustus,' and Seneca of Tiberius.'^ It is likely ihai this might be borrowed from the Jewish law, by which the high piiest was forbidden to use the ordinary signs of mourning, or to »' iro in to any dead bodv."^ The civil consideration seems to have been, that neither the air miglit be corrupted by the stench of putrefied bodies, nor the build- ings endangered by the frequency of funeral fires. The places then, appointed for burial without the city, were eithei private or public ; the private places were the fields or gardens be- longing to particidar families. Hence Martial took the jest in one of his epigrams, on a gentleman that had buried several wives : St^ptimnjam, PhileroSy tihi conditttr uxor in a^vo. Plan nul/i\ Phileros^ quam tibi vcddit n^cv. If it was possible, they always buried in that part of the field or -arden which lay nearest the common road, both to put passengers II mind of mortality, and to save the best part of their land. Thus Juvenal, Sat. 1 : Exprriar ijuid concedatnr in ilio£, Quorum Flonunid te^iUii- ciiiis attjue Latina. And we have scarce any relation of a burying in authors, but thc\ *cll us the urn was laid near such a W'ay. Propertius is very earnest .n desiring that he may not be buried after this ordinary custom. .far a celebrated road, for fear it should disturb his shade : J)i facianty men ne terra locet onsafrcq^ieiUiy Qua f licit afisiduo tramite vulgvs iter. 2*(jst mortem ti/imdi sic irifamantiir amantum .■ «lie tc^-at arborea dcvia terra coma. Jiut humor i^notx ciimidla xallatufi arfjuv ; J\*on jnvat in media nomen habere via. Lib. 3. Eleg. 16. I'hc pu!)Uc burying-places were of two sorts ; those which were ilotted to the poor, and those which were put to this use only at the iunerals of great persons. The former were the finticul<£ or /ititiculi^ ^viihout the l^squiline gate; they contained a great quantity of ijiound, and were put to no other use, than the buryingof the bones ind ashes of persons of the lowest rank, who had no private place of fticir own to lay the corpse in. But because the vast number ol *^ones deposited here, infecting the air, rendered the neighbouring j)arts of the city unhealthy, Augustus gave away a great many acrei; ^>t this common field to his favourite Maecenas, who turned it into •ine gardens. This Horace tells us at large, Book !. Sat. 8 ; Lib. 54. '^^onsolat, ad Mar, r:in. 1^-. T.cvit. xxjl. 10. 11, "H.'IH iifE funeral:; tlirv pviu:! angnstn cjectacadavera Cfih.'i ConservuH vili portinula locabat in tircu : Hoc misera: plehi stabut commune sepitlc/iruiUy &.C. The public place assij2;nc(l for the burial of i;rcat persons was com monly the Ca?n/ius Martius-. This honour could not be procured bu i)y a public decree of senate, and was never conferred but on men oi the highest stations and merits. Thus Plutarch relates of Luculiih and Pompey, Appian of Sylla,'^v' Suetonius of Drusus," and Virgil oi Marcclius : OF THE ROMAN'S. 33-9 QiiantoH ille vinim miig^iam JMnvorli.'i otl i/rbnn Ciintpuft asfft ifrmili/s ! t. / 7//U', Til>viiiu\ xif/r/tia Funerut riirn tumulum pi wterlabere rcceiitem / A'.s. 6. It has been said, that the ordinary custom was to bury without the city, but we must except some sepulchres, as those of the Vestal virpjins, whom Servius tells us the laws allowed a buryintj-pjar, uithin the city.y The same honour was allowed to sonie extraordi Tiary persons, as to Valerius Poplicola,' and to Fabricius,* bcini^ to continue to their heirs. Yet none of the family were afterwards then interred, but, the body being; carried thither, one placed a burning torch under it, and then immediately took it away; as an attestation of the deceased's privilege, and his receding from his honour; and 'hen the body was removed to another place. Cicero in his ninthPhilippic moves, that Servius Sulpicius, upoi, account of his many signal services to the commonwealth, may bt honoured with a public sepulchre in the Campus Esquilinus, or in any other place where the Consul should please, thirty feet in di- iTiension every way, and to remain to his heirs and posterity. Ihit •here are not many instances of the like practice. Having done with the carrying forth, we come to the act of bury- ing. The corpse being brought in the manner already described, "without the city, if they designed to burn it, was carried directly to the place appointed for that purpose, (which, if it was joined with tht. sepulchre, was called i?«s/znw, if separate from it Ustr'ma) and thca laid on the Rog-us or Pyra^ a pile of wood prepared to burn it on. This pile was built in the shape of an altar, differing in height ac cording to the quality of the deceased. Thus Virgil in the funerii' of Misenus, Mn. 6 : ■.li'cnngue sepulchri Cong-erere avboribus, Calnqiu cduccve csrtunt. And Ovid against Ibis ; I'lt dure Plebeio corpus inane vo^-o. ^ '¥.fjicrtius : Ciir ventos non ipse vo^is, ing-rate, petisti ? And Plutarch in the life of Sylla, reports, ' that, the day being Joudy over head, they deferred carrying forth the cfsr^^sc till about Iirec in the afternoon, expecting it would rain : but a strong wind 'lowing full against the funeral pile, and setting it all on a flame, his ijody was consumed in a moment. As the pile shrunk down, and the :ire was upon going out, the clouds showered down and continued J-aming till night. So that his good fortune was firm even to the last, «iid did, as it were, officiate at his funeral.* At the funerals of the emperors or renowned generals, as soon as the M'ood was lighted, the soldiers, and all the company made a so- lemn course, decursio, three times round the pile, to show their affec- tion to the deceased; of which we have numerous examples in his 'oiy. Virgil has not forgot to express this custom : » Cicero, Ter circum accetisos ci?icti fvl^entihus armis Decyrrere vo^ts ,- ter mastumfunens igjiem. Lnstraveve in equis^ vlidatiisque ore dedere. lEy. IL • • • • G40 THE FUNERALS The body never burnt without company ; Ibrbccaubc ihcy laijcied that the ghosts delighted in blood, it was customary to kill a great number of beasts, and throw them on the pile : JMulta bourn circa mactantur corpora morti ,- Sftio-cra«f/ue sues^ raptasqne ex omnihus agri Infammam Jugutant jxcutles. Vino. jV.'s. 11 In the more ignorant and barbarous ages, they used to murder men, and cast them into the funeral flames of princes and command- ers. The poets never burn a hero without this inhuman ccrcmom Homer gives Patroclus And Virgil, .En. 10 : Quatuoi- hicJnveneSf totideniy quos cducat (Jftit', Viventes rapit ,- biferias quos immolet ifm/yr/.s*, Captivoque rogi perfundat sanguine flnmmas. Hut besides those, there were abundance of presents thrown into the fatal flames, of several sorts: These consisted for the most part of costy garments and perfumes thrown on the body as it burned I'hns Virgil, /En. 6; Pnvpurcasque super vestes, xielaniina nota^ Cunjiciuut, And Plutarch makes the extravagant expenses of Cato Junior ar the funeral of his brother C(x:pio, to have been taken up in a vast quantity of costly garments and perfumes. All the precious gums, essences, and balsams, that the anticntb were acquainted with, we find employed in their funerals: Hence iuvenal describes a fop that used abundance of essence : Et matutino HuUnns Crispinus amoKio, Quantum vix redolent duo funera. Sat. 4. The soldiers and generals had usually their arms burnt v/ith tlieiri on the pile. Thus Virgil, in the funeral of Misenus : Decorantquc ^iper fulgejitibui* tinnis. ^^, 6. And in another place he adds the spoils taken from the enemy : Jfinc alii spolia oca sis direpta Latinis Conjiciunt igni, galeas ensesque deeoros, Erceuuqne.frrventesgne rotas .• par^ inuneru notiiy Ipsorum clypcosy et nonfelicia tela. ^^y. n. When the pile was burnt down, they put out the remains of the fire, by sprinkling wine, that iJicy might the more easily gather up the bones and ashes : Postquam collapsi cinej-csy acfamma quievit, Jieliquias vino et btbiilam lavcre favillam. \im. iEx. 6. This gathering up the bones and ashes, and putting them into the urn, was the next oflic* paid to the deceased, which they tw-me(' • . » ' • > • • t • « > • • • • • * • • c « ■ t • . « • « • - • • - OF THE ROMANS. 341 >'UlV^^'j«/.TliO aiVft 1».|p:iCK.v'PORIH HVIMOTC^ATID 1- OST I". K ,r^ 'A -y"^i^^'^. n>IR[D0 J-ll^-.f^JiiJS htNtJm/ f42 IH£ lUNERALS OF THE ROMANS. 343 .\nd .£neas teils Dciphobus, iliat he has paid him such an honour Tunc rgomet tiimitlum Rhceteo in litorf inanemj Constituii et viagna manes ter voce vocavi ,• A'omen et iirma locum sei'xant. •■■■ ^s. Tv Afikr the Funeral, we arc to take notice of the several liies perrornicd in lionour of tlie dead, at the festivals instituted widi thu' desiiijn. The chief time of payint^ these ofTices was the Fcraliu^ax the feast of the ghosts, in the month of February; but it was ordi- nary for particular families to have proper seasons of discharging- this duly, as the jVovrntiulia^ the Dcccjinalia^ and the like. The ceremonies themselves may be reduced to these three heads, sacri fices, feasts, and games; to which if we subjoin the customs ol mourning, and of the consecration, we shall take in all that remain^, on this subject. The sacrifices (whioh they called Itiferia:) consisted of liquors victims, and garlands. The liquors were water, wine, milk, bloixl and liquid balsam : Hie duo rite mero lihans carchesia Baccho Futidit hunii, duo facte novoy duo sanguirie sacra. ViRf*. X.s. 5, The blood was taken from the victims offered to the Manes, whicl, were usually of the smaller cattle, though in ancient times it \vu^ customary to use captives or slaves in this inhuman manner. The balsams and garlands occur every where in the poets. Pro pert. lib. 3. Eleg. 16 : Affcret hue un^uenta mihiy sertisque sepukfii'ujn Ornabit^ cnstos ad mea bnsta sedeiu. Tibul. lib. 2. Eleg. 4 : Atgve aliquis senior, veteres veneratus amoren, Antiua constnicto serta dabit tumnlo. Besides these chaplets, they strewed loose flowers about the mo iiumenf : Purpureosque jaeit foreSy ac taliafatur. XLn. •> And again, iEn. 6 : Tu JMarcellns eris. JVIanihus date lilia plenin .• Purpw^eos spavgam Jl>>res .• unimamque nepotin His ^saltern aecumulem doniSf et fimgar inani jMtmere. I'hc feasts celebrated to the honour of the deceased were eitlici private or publW The private feasts were termed Siiicerriia, from ,sv7r.r, and aeuu, a:> if we should say * suppers made on a stone.' These were prepared both for the dead and the living. The repas: designed for the dead, consisting commonly of beans, lettuces, bread- and ego^s, or ihe like, was laid on the tomb for the ghosts to come out and cat, as they fancied thev would; and what was left they bnrnt or le stone. Travellers tell us that the Indians at present have a su- perstitious custom much of this nature, putting a piece of meat al- ways in the grave with the dead body, when they bury in the plan- tations. It was from this custom, that to express the most miserable po- verty of creatures almost starved, they used to say, ' Such an one irot his victuals from the tombs :' Thus Catullus, :>7 : Uu^or Meneni ; axpe quam in stpulchretia Vidistis ipso rapere rogo canatv, Qiiu/n dovolutum ex igne prosequens panein A aemiraso tunderetur ustore. \nd Tibullus's curse is much to the same purpose ; i. 5 : Ipsa fame stimulante fnre7is, herbasqtic sepulchris Quifrat, et a s^evis ossa relicta lupis. The private feasts for the living were kept at the tomb of the de oeascd, by the nearest friends and relations only. The public feasts were when the heirs or friends of some rich or ^^reat person obliged the people with a general treat to his honour and memory; as Cicero reports of the funeral of Scipio Africanus,' and Dio of that of Sylla.d And Suetonius* relates that Julius Cse- r,ar gave the people a feast in memory of his daughter. There was a . ustom on these occasions to distribute a parcel of raw meat among ihe poor people, which they termed uisceratio ; though this was .-ometimes given without the public feasts. The funeral games have already been dispatched among the other ^hows. As to the custom of mourning, besides what has been before ob- served by the bye, we may farther take notice of the time appointed for that ceremony, and some of the most remarkable ways of express- ing it. ' Numa (as Plutarch tells us in his life) prescribed rules for egulating the days of mourning according to certain times and ages. Vs for example a child of three years, and so upwards to ten, was to be mourned for so many months as he was years old. And the longest time of mourning, for any person whatsoever, was not to ^-xceed the term often months; which also was the time appointed unto widows to lament the loss of their deceased husbands, before which they could not, without great indecency, pass unto second marriage : But, in case their incontinence was such as could not ad- mit so long an abstinence from the nuptial bed, they were to sacri- iice a cow with a calf, for expiation of their fault.' Now Romulus's year consisting but of ten months, when Numa Afterwards added two months more, he did not alter the time he had ' In Orat. pro Murscna. ^ Lib. 37. '■ Cap. 22 ci-f •i THE FUNERALS OF TIIL ROMANS. 345 before scUlctI for mourning; and Uicreion:, llioiigli alter Ihal Lui wc tncct wiih /uctit.s annuus^ or a year's moiirnini!;, used often Uboi> tlic death of some eminent j)erson, wc must take it only for tlic ol year of Homulus, or the space of ten months. There were several accidents which often occasioned the concii ding; of a public or private mourning before the fixed tiuiC; such a the (h:dication of a temple. ♦'" solemnity of public games or fcsii vals, the solemn lustration performed by the Censor, and the di^ charging any vow made by a magistrate or general; which, bein^ times of public rejoicing, would have otherwise implied a coutru diction. As to the tokens of private grief, they had none but what an (ommon to both nations, as the keeping their house for such a timt Ihc avoiding all manner of recreations and entertainments, and the like. liUi, in pul)lie mourning, it was a singular custom to exprc^ their concern, by making the term and all business immediately to end, and settling a vacation till such a peiiod ; of which we hav iVecjuenl instances. I'he last ceremony, designed to be spoken of, was consecration This belonged j^roperly to the emperors ; yet we meet too with ; private consecration, which we may observe in our way. This wa- Avhen the friends and relations of the deceased canonized him, aiifi paid him worship in private; a piece of respect commonly paid \v parents by their children, as Plutarch observes in his Roman Que lions; yet tiie parents too sometimes conferred the same honour o; their deceased children, as ('ieero promiseth to do for his daughli Tullia, in the end of liis Consolation ; and though that piece be sus ])cctcd, as wo now have it, yet the present authority loses nothins (if its force, being cited heretofore by Lactanlius, according to tht conies extant in his time. Th.c piiblic rt^Tisecration had its original from the deification of ilus, but ^»ar> afterwards discontinued till the lime of the em- i?,. .,, pciors, Oh most of whom tiiis honour was conferred. The whole cc remony is most accurately described by Ilcrodian, in his fourth book ; the iranslaiion of which place may conclude this subject : *^ The Romans (says he) have a custom to consecrate those em perors who either leave sons or designed successors at ihair deati) and il.ose who received this honour are said to be enrolled among the gods. On this occasion the whole city maintains a public grief mixed as it were with the solemnity of a t'estival. The true bodv is buried in a very suniptuous funeral, according to the ordinary me- thod. But they contrive to have an image of the emperor in wax U^ne to the life ; and this they expose to public view, just at the en- lance of the palace gate, on a stately bed of ivory, covered with rich garments of embroidered work nnd cloth of gold. So the image lies there, all pale, as if under a dangerous indisposition. Round die bed there sii, the greatest part of the day, on the left side, the whok^ senate in black; on the right the ag^d matrons, who, either upon account of their parents or husbands, aie reputed noble ; They wrar no jewels or gold, or otlicr usual ornaments, but are attired in cl'.ise white vests, to express their sorrow and concern. This cere- mony continues seven days together; the physicians being admitted every day to the bed, and dt chiring the patient to grow all along worse and worse. At last when they suppose him to ])e dead, a select company of young gentlemen of the Senatorial! order take ap the bed on their shoulders, and cany it througii the holy way iniu the old Forum, the i)lace where the Roman magistrates used lo lay down their offices. On both sides there are raised galleries with seats one above another, one side being filled with a choir of boys all nobly descended, and of the most eminent Patrician families; the other with a like set of ladies of quality, who both together sinr hymns and Facans composed in very mournful and passionate airs, Vj the praise of the deceased. When these arc over, they take up die bed again, and carry it into the Campus Martius; where, in the widest part of the field, is erected a four square ])ile, entirely com- posed of large planks, in shape of a pavilion, and exactly regular and equal in the dimensions. This in the inside is filled up with dry chips, but without is adorned with coverlids of cloth of gold, and :)eautified with pictures and curious figures in ivory. Above this he placed another frame of wood, much less indeed, but set off with urnaments of the same nature, and hav ing little doors or gates stand- ing about it. Over this are seta third and fourth pile, every one being considerably less than that on wliich it stands; and so others perhaps till they come to the last of all, which forms the top. The figure of this structure, altogether, may be compared to those watch- towers which are to be seen in harbours of note, and bv tlic fire on iheir top direct the course of the ships into the haven. After this, hoisting up the body into the second frame of buildings, they get ogether avast quantity of all manner of sweet odours and perfn-pes, whether of fruits, herbs, or gums, and pour them in heaps all about it; there being no nation, or city, or indeed any eminent men, who do not rival one another in paying these last presents to their prince. When the place is quite filled with a huge pile of spices and drugs, the whole order of knights ride in a solemn procession round the •jtricture, and imitate the motions of the Pyrrhic dance. Chariots :oo, in a very regular and decent manner, are drove round the pile. ,,Aj 346 TIIK ENTF.RTAINMrsTS OF THE ROMANS. .347 havinj^ the roachincn cloihetl in purple, and hcarinpj tlie imagci of all the illustrious Ro-nnns, renowned cither for their counsels and administration ai home, *.. ihcir memorable achievements in war This pomp hcinj^ finished, the successor to the empire, takin^ a torch in his hand, puts it to the frame, and at the satne time ihr \vholc company assist in l^^liting it in several places; when, on a sudden, the f hips and dru^s catching; fuc, the whole pile is quickly consumed. At last, horn thr highest and smallest frame of wood an eagle is let loose, which, a:>'.endinfj with the flames towards thr sky, is supposed to carry the prince's soul to heaven." CllAPTKU XI. OF THE ROMAN bN TKR TA INM F.N IS. Tiir^ peculiar custom'- nf tiu IN.niani,, in reference to eating ana drinking, will easily fall undei me ihrce heads, of the time, the place, and the manner of llieir entertamments. As to the first, the Romans had no proper repast besides supper, for which the ordinary time was about the ninth hour, or our three o'clock. Thus Mania! reckonnii^ up the busint ss of every hour, iv 8: Imperat exstwctoa fvangere nonu toros. But the more frugal made this meal a little before sunset, in the declension of the day : To which Virgil might possibly allude, though .speaking of the customs of Carthage, and of its rjuecn, when he says, JVit7ic eademy lahentf die convhi'a f/uderit. Mn. 4. On the other side, the voluptuous and extravagant commonly began their feasts before the ordinary hour. Thus Horace, Book 1 Od. 1: JVec partem sohdo demere de die Spernit. And Juvenal, Sat. 10: Exul ab octava Marius bibit. Those that could not hold out till supper, used to break then fast in some other part of the day, some at the second hour, some at the fourth, answering to our eight and ten; some at the sixth, or about noon; others at the eighth, or our two, as their stomachs re .juired, or their employments gave them leave. At this time they cldom ate any thing but a bit of dry bread, or perhaps a few raisins ;i nuts, or a little honey. From the different hours of taking this i)reakfast, it is likely that the jrntaculum^ firandium^ merenda^ See. fuel their original, being really the same repast made by several •icrsons at several times/ The Place, in which the Romans eat, was anciently called cetna- Ilium. Seneca, Suetonius, and others, style it canatio. But the niost common appellation, which they borrowed from the Grecians, was triclmtum. Servius on the first of the ^Eneids, at that verse, Jiuvea cotnposuit sponda^ mediumq^ie locavity aKCs an occasion to reprehend those grammarians who will have tnctmium to signify a room to sup in, and not barely a table. Yet toomit a tedious number of citations from other authors) Tully Mrriself useth the word in that sense; for in one of his epistles he idls Atticus,« that when Caesar came to Philippi, the town was so full of soldiers as to leave Cxsar scarce a triclinium, to sup in. Anciently the Romans used to sup sitting, as the Europeans at present, making use of a long table. Perpttuis soUti paires consistere mensia. Vrnc. fP.'s, 8. Afterwards the men took up a custom of lying uown, but the vomen for some time after stdl kept sitting, as the most decent pos- ure.b The children too of princes and noblemen, for the same rea- son, used to sit at the backs of couches;' whence, after a dish or wo, they withdrew without causing any disturbance. Yet as to the vomen, it is evident, that in after times they used the same posture t the table as men. Thus Cicero in an epistle to Paetus, telling him fone Clyteris, a gentlewoman that was lately at a treat with him. n.akes use of the word accubuit. And Ovid, in his fourth love-elegy t the first book, advises his mistress about her carriage at the table -elore her husband. Cum premet ille torum^ vultu comes ipm modesto Ibigf ut accumbav. And Suetonius relate^, that, at an entertainment of the emperor aligula, he placed all his sisters one by one below himself, uxor^ upra cubante^ ' his wife lying above him.' \Vhen they began thus to lie down, instead of sitting at meat, •hey contrived a sort of beds or couches of the same nature with hose on which they slept, but distinguished from them by the name Dacier on Horace, Book 1. Od. 1. 'Lib. 15. Epist. 50. h val. Majc. lib. 2. cap. 1 Tacitus Ann. 13. Suetonius Claud cap. .32- if .348 THE ENTERTAINMENTS q{ lecti triciinioru7fiy or tricliniares^ the other being called /tfcri cuh cidctrii. They were made in several forms, but commonly four-squart lOinctimes to hold three or four, sometimes two persons or only one Vet, in the same entcrtainini; loom, it was observed to have all thv couches of the same shape and make. After the round cition-tabk grew in fashion, they chantred the three beds (which denominaier' llie Triclinium^ for the Stihadiuni^ one single large couch in the shape of a half-moon, or of thr firecian sigma^ from which it some times borrowed its name, a.s in Martial : ^Iccipe Innata scriphim te.ftufline st^ma. These Stibadia took their several names from the number ot nici that they held, as the lit xaclinon for six, the HtfitacliJioji for seven. and so on. The higher the bcdb weie, the moie aublc and stalely, and tht more decent too they were thout;hl. Hence Virgil, J^n. 2: Inde tovo pater *^neas sic ovsiis ab alto. And a{?ain. .Va\. 6 : l^vccnt [(< nuuiljiis aitis J§}f')^,.>ff /j///MV' fti*i THE NAMES 01 THE ROMANS. any other bcsiucs the proper name of their family, as Julia, Marciuj and tlic like. When there were two sisters in a house, the distin- guishing terms were Major and Minor; if a greater number, Prima, Secundu, Tenia, Quarla, Quinta, or by contraction, Secundilla, Quartilla, and Quintilla. Adopted persons assumed all the three names of him who obliged them with this kindness, but, as a mark of their proper descent, add- ed at the end either their former Nomen or Cognomen ; the first exactly the same as before, (as Q. Servilius Cepio Agalo Brutus, the name of M. Junius Brutus when adopted by Q. Servilius Cepio Agalo) : The other with some slight alteration, as C. Octavius, when adopted by Julius Caesar, was called C. Julius Cxsar Octavianus. Though the right and the ceremony of Adoption be a subject pro- perly belonging to the notice of civil lawyers; yet it cannot be amiss to give some little hints about the nature of that custom in general Every one knows the meaning of the word, and that to ado/it a per- son 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 wisdom of the Roman constitution made this matter a public concern. When a man had a mind to ado/it another into his family, he was obliged to draw up his reasons, and to offer them to the college of the Pontificcs, for their approbation. If this was obtained, on the motion of the Pontifices, the Consul, or some other prime magistrate, brought in a bill at the Comilia Curiata, to make the adoption valid. The private ceremony consisted in buying the person to be adopted, of his parents, for such a sum of money, formally given and taken; as Suetonius tills us Augustus purchased his grandsons Caius and Lucius of their Agrippa. Aldus (icllius makes a distinction between jidofitio and Jrrogatio^ as if ilie fornicr belonged only to the care of the Prxtor, and was granted only to persons under age ; the latter to the cognizance of the people, and was the free act of persons grown up, and in their own power ; but wc learn from almost every page of history, that the Romans were not so nice in their practice as he is in his obser- vation CHAPTER XIII OF THE RO.MAN MOXEV. IN enquiring into the difference and value of the Roman coins, we may begin with the lowest sort, that of brass. The jEs, then, or most ancient money, was first stamped by Servius Tullius, whereas lormerly it was distinguished only by weight, and not by any image. The first image was that of Pecus, or small cattle, whence it took the name of Pccunia. Afterwards it had on one side the beak of a ship, on the other a Janus; and such were the stamps of the As; for as for the Triens, Quadrans, and Sextans, they had the impression of a boat upon them. A long time did the Romans use this, and no other money, till after the war with Pyrrhus, A. U. C. 484, five years be- fore the first Punic war, silver began to be coined. The stamps upon the silver Denarii are for the most part waggons with two or four beasts in them on the one side, and on the reverse the head of Rome, with a helmet. The Victoriati have the image of Victory sitting, the Sestertii, usually Castor and Pollux on the one side, and both on the reverse the image of the city ; so the custom continued durmg the connnonwealih. Augustus caused Capricorn to be sc: upon his coin, and the succeeding emperors ordinarily their own efll gies : Last of all came up coin of gold, which was first stamped, six- :y-two years after that of silver, in the consulship of M. Livius Sali- nator, with the same stamp and images. So much for the several kinds of money ; we may now proceed to the several pieces undei every kind. The As was so named giiafii ^Es, or brass, being of that metal, and at first consisted of lib. weight, till, in the first Punic war, the people being greatly impoverished, made six Asses of the same value out of one. In the second Punic war, Hannibal pressing very hardly upon them, and putting them to great shifts, the Asses were reduced to an ounce a-picce; and in conclusion, by a law of Papirius, were brought down to half an ounce, and so continued. The As contain- ed the tenth part of the Denarius, and was in value of our money about rjb. qua. The Semissib, or Scmi-acs, half as much. The Triens was the third part of the As, the Quadrans the fourth, by some called Triuncis and Teruncius, because it contained 3 ounces, before the value was diminished. The Sextans, or sixth part, was tha' > »4- TIIE MONKY OF THE ROMANS. \vliich every head contiibulcd to the funeral ol Mencnius Agrippa ; but these \verc not suflicicnt for use, and therefore there were other pieces made, as the Uncia, or twelfth part of the pound, the Semun- cia of the wciij;hL of 4 (hachms, and the Sextula, or sixth part of an ounce. Varro s[)eaks too of the Decussis, in value 10 Asses, or of a Deiiariusi the Viccssis of two Denarii, and so upwards to the Cen- tussis, the greatest brass coin, in value 100 Asses, 10 Denarii, and of our money 6s. 3d. lor the silver money, the old Denarius was so named, Ijecausc it contained Denos il^res or Asses, 10 Asses, though its weight and value was not at all limes alike ; for the old Homan Denarius, during the commonwealth, weighed the seventh part of an ounce, and wa. in value of 'Mir money Hd. oh. (j. wiih \ v : but the new Denarius, which came up in the time of Claudius, or a little before, weighed exactly an Attic Drachm; so that the Greek writers when they speak of it, for every Denarius mention a Drachm, which of oui money was worth 7d. ob.; coniputaiions are generally made with re- ference to this new sort of Denarius; if respect be had to the ancient limes, then all reckonings arc to be increased one seventh part, for |ust so much the old one exceeded the new. When we meet with Bigatus and (^uadrigatus, we must understand the same coin as the Denarius, so called from the IJigx and Quadrigae stamped upon it. There was another coin called Victoriatus, from the image of Victory upon it, fii-< damped in Rome by an order of Clodius, in value hall a Denarius, and therefore named also Quinarius, as containing the value of five Asses; it was worth of our n^oney 3d. oh. y. The next that follows, and which nrakes so much noise in authors, is the Ses- tertius, so called (juasi Sesfjuitertius, because it contained two Asses and a half, being half the Victoriatus, and a fourth part of the Dena- rius. It is often called absolutely Nummus, because it was in most frequent use, as also Sestertius Nummus; it was worth of our money Id. oh. (ju. The Obolus was the sixth part of the Denarius, equal to the Attic co6x\56 TIIL MONFV OF THE ROMANo. Wc meet too with a lesser sum, termed the Sportula, being what the rich men gave to every one of their clients after having waited upon them in puljlic, and now and then at other times, as they pleased to appoint; it was in value about a hundred Quadrantes, or I8d. ob, ii • Ampllatio M...LrTi, a sort of Soldiers, Page 200 wl'"!. ^'''^"'' 136,206 Ancylia Accusatio Acilius lilabrlo Actionem intcndcrc, vid. cdt re \ctiones I.cg-is Actium (the Fi^ht there) Actor Actuarios All bcstijis Ad ludos Ad metalla Addictio Adopt! o Adrian \(hocati -iides sacrze -Ediciila -•Ediles — ■ Cerealcs Curules Plebis -Kdilitii /Kmylian -l-jnylius -i:neas -Kneatores •Equi A^arium faccrc ^^re diruti •Es -l^slimatio litis i:)tius Agones Aj^orialia Marie, King- of the Goths Aibo-galcrus Ala: Alexander Severus Alicata Chlamys ^llocutio ^nibarvalia ^nibire mugistratuni Vmfutus l5i or 148 160 41 147 136 158 Ibid, ibid. 149 352 45 147 61 ibid. 130 ibid, ibid, ibid. 201 47 67 27 213 32 127 223 253 152 50 217 102 108 50 309 200 46 3 215 84 120 149 47 152 28,29 270 30 92 Andabat.-e (a sort of Gladiators) , . , 268,270 Animadvcrsio 152 Aniiuani in primo ore, or in pri- mis labris tcnere Anna Pcrenna Annus bissextilis Anlhemius Antony 14. rnd. Marc. Antiochu^, King- of Syria Antoninus Caracalla Vid. Marcus and Lucius. Pius 324 109 104. 51 37 46 29? Antoninus's Pillar Aper Apex Aphractum Apollo Apparitores Appius Claudius Appius the Decemvir Aquae et ignis interdictio Aquaeducts Aquila (Standard of a Legion) Aquilx prxesse Aquitania (made a Province) Arabia (made a Province) Arbiter bibendi Arbitri Arches Area of the Amphitheatre Arena Aries (the Battering. Rara) Armatura Armenia (made a Province) Armillae Armorum concussio Arms of the Romans Arrogatio Aruspex Aruspices, rid, Haruspices. As 45 75 48 308 244 214 244 135 2, 84 132 155 77 202 ibid. 41 45 249 147 7S 65 ibid. 238, 239 220 45 224 214 206 352 102 o5of &c. INDEX. 4; Abcaimis Assyria (mudc a Province) \ttelan2e (Sort of iMays) Athens (taken by Sylla) Atrati Attains (Kin.cj of Pcr^amns) Attila the Iliin Auctorati Avcns (River) Aventinus (an Alban King") Aug;iirics Augurs August ulus Augustus, vid. Octavius. Avitus Aulus Plavitius Aurel Denarii Avirelian Auspices Xuspicia 28 45 '270 .;8 300 37 50 266 56 ibid. 85—87 ibid. 51 ■12 o54 48 -90 204 Caligati Caligx Speculator! cf ibid. 312, 31 . 4'J 32, 3.) S7 B. Bagnios Balbiniis Balista Barritus Busilic?e 76,77 46 238, 240 214 69,70 Basilicus (a throw on the Dice) 249 Battalia ot* tlie Romans 209 Beds ot* Images carried in Proces- sion at Funerals Bencticiarii ^ J^^ Bestiarii i5^» '^^^^ Bidental '^22 Bigatus ^^ '^^/^ nigx ~^4, j54 Biremis -^4 Bissextus dies Blood-lettting, a runishmeut of the Roman Soldiers Borrowing and I.endingof Wives iimontr the Romans, probably a 104 00 -» mistake Bridges of Rome Britain Ilrutus Buceinatorch. JBuccina: Buceula Bulla aurea Burning of the Dead Bustum C. Cseliolus, or Minor Ca;lius Cxrites Cicrltum tabuls Ca:sar Calcei Lunati Mulki Calculi 318—320 60 42, 43 ^0. 40, 41 213 ibid. 208 298 321 55 234 127, 234 39—41 310 310,311 247 ('aligula (lamillus Camp (Form and Division of it) 213 Campagi ^|J^ Campidoctorcs "^^ Campus Martins 55,68 Campus Ksquinalis 56 Figulinus Jbiu. Campus Sccleratus 96 Candidatus 1*0 I'rincipis V28 Canicula (a Throw on the Dice) 24iy Cannx> (the Battle there) Cantabria (subdued) Capitol Cappadocia (made a Province) Caps and Hats ordinarily used by the Romans Capitc ccnsi Caput porcinum Carceres Carinus Carmentalia Carmen Saliarc Carnifex Carthage (destroyed; Cams Cassius Castra jestiva hybcrna stativa Catapulta Catastaslsof tlie Drama Catastroi)he of the Drama Catilinarian Conspiracy Catti Cave a Celeres Celeustes Cella of a temple Cenotaphia Censors Censorii Census Census put for a rich Man Centesimatio Centumviri htibus judicandis Centuria prxrogativa Centuries or Ordincs, of soldiers, 19.^ Centurions 20() Centurionum primus 201 Ccrealia J^; CestMs (the Exercise described) 2^ Chariot Races »^»J^- Charistia }^\ Chirodotx *^y- Chlamys ^^^ ViiL Alicate Chorui 281, kc ot 41 61 41 30i> 14: 211 67 48 108 92 1% 37 4K 40, 41 215 ibid ibid. 238, 24() 278 ibid. 38 4.> 66 1.Tr> 244 63 341 126, 127 201 126 18C 22;. 147 14-; 141 Cicen, Cimbri Cincture of the Gown Cinctus (iabimis Circcnsian Shows Circi (/ircus Maxlmus Circuitio \ Igilum Civilus quercus Civitates fcrderatx Infra classem Classes Classic! auctorcs (^lassicum Claudius Claudius the Second Clavi ('lavum pangere (-Ixlia (■leopalra Clients Cloacrc Closing the V.ya of departi Clusium fJocles Cocmptio Cncnaculum Cocnatio Cognomen ♦ (yohors prxtoria prima Collatinus ("ollis Dianrc Ilortulonmi Pincius Quirinalis Collis Viminalis Collocatio Colonies Columna bcllici rostrata Columns or Pillars Comcdv Comitia Adumbrata Calata Centuriata Curiata Tributa Comitium Commodus Commons Companies of Charioteers Vid. Factio. the Golden the Purple the Silver Conclamatio Concussio armorum Confarreatio Congiaria Conquisitores Consecration of Temples 37 >/■ - 295 296 251 67 ibid. 218 235 143 ibid. ibid. 214 42 47 302—304 123 32 41 112 78 ng Friends 325 33 32 315 347 ibid. 3.)0, 351 198 ibid. 30 56 55f 56 66 55 56 327 233 75 '.bill. 74 278 Ul-_146 143 141 141^143 ibid. 141, 142 69,72 46 112 253 254 ibid. ibid. 327 214 315 224 193 62 JNDEX. 38 Consecration of Emperors of Friends Constantine the Great Constantinople Constantius CJdorus Consulares Consuls Consules ordlnarii suifecti Cornelius Scipio Cornicines Cornua (Music) Cornua (Parts of the Army Corona venire sub castrensis civica muvalis navalis obsidionalis rostrata triumphalis vallaris Coronx aureae Corsica (subdued) Corvus (Engine) Corybantes Cothurnus Cotlian Aljis Crassus Crepida: Cretata ambitio Crimen adulterli ambitus falsi inter slcarios majestatis parricidii pecnlatus perduellionis plagii • repetundarum venefieii vis publica Crista Crupellarii Cucullus Culcitrx Culeus Cultrarii Cuneus Curetes Curia Hostilla Pompeii Curix Curio Maximus Curiones Cybele's Priests D. Daci Dacia (made a Province'. ) 344 ibid. 48 49 ibid. 48 201 121 122 ibid. 37 213 ibid. 200 233 225 224 225 ibid. ibid. ibid. ibid. ibid. ibid. 35 241 96,98 279, 280 43 39 312 295 150 149 150 ibid. 139, 149 150, 157 139, 149 143 149 139, 149 150 149 208 269 305, 308 348 157 102 211 55, 96, 98 69 ibid- 69, 141 142 ibid. 98 45 5bid INDEX. Dalmatia (subdued) Damnum Dapes Sallarcs Decemjuf^is Decemviri — — — — — litibus jiidicandls 272 41 154 93 254 131 135 Keepers of the Sibylline 96, 97 Oracles Decii Dcclmato Decius Deciima Decumani Decuris Decuriones Decursio at Funerals Decussis Deductores Defensio Dcfiuuti pro rostris laudatio Dejectio c rupe 'larpeia Delatores Delubrum Denanus Decennulia Depontani Deportati Deportatlo Dcsig-natoros Devoting- of the (icncrals Diadem Diadumen Di!)uplnis Dictaior Didlus Julian Didiiichmi Dies Htri -, comitiales coniperendini fasti ■ festi ... intcrcisi prxliares profcsti postridtiani St at I Diem dicore reo Dinarreasio Diocleslan Dirihitores Disci' ptatio causjc Discus (the Exercise described) Divis suis rem gerere Divorces Do. dico, addico Dolabrx Dv.mitian Duumviri classis — (Keepers of the Sibylline Oracles) 96, 97 205 223 47 235 ibid. Ml, 200 203 339 354 120 151 72 156 154 61 342 144 156 155 294 205 310 46 306 122—124 46 355 106 ibid. ibid. 105, 106 ibid. 105 1U6 ibid. ibid. ibid. 153 243 315 243 48 145 148 252 124 204 318 106 239 44 244 Duumviri perduellionis, or capitale> 135 Dux lection is 201 i:. Kdere actionem 14S Kdictu (Hills for a show of Ciladiators) 270 Ex. Ain- 27o 34 { 24.^. 242 40 279 101 341 50 270 100 M6 160 114 159 190 In jus renin vocurc . V^^ rii jus vocutusuut cut aat salistlet ibid. .ImaTnenUim cahinmiK ibid. Justinian ^^ Jus honorarium — imaginis — I*apirianum — Iriuni libiTorurn I. J .lanicuhim .Tanus Imns Medius Sumnniii Ida: Dactyli Ides Jcntacuhim I^^nobilcs li^noniinia lilicct lUyric.uin (subdued; (mmolatio Immunes Imperator, viil. general. Iinpcratores Contubernales In cruccm actio In intcg-rum restitutio [nfra aliqucm cubarc Infcrix Infulx Ingcnul ln(iuisitio Intersessio Intervcx Jovian Ipsulx Irrogatio Juba Judex Quxstioni-> Judg-ments Judices selccti Judicia centumviralla Judicium calumnix falsi Jugum mitti, sub Jugurtha Jugurthinc War Julian year, Account of Jupiter Fcretrius Jurevocatre (Centuries and Tribes) 144 Jki> civile 16^ — civitatis ^'*^ — dicere and judicare (the differ- ence between them) 125 )» (ji ibid. ibid. 98 107 347 114 154, 155 341 41 101 235 216 156 149 349 342 101 114, 350 153 118,129 133 49 92 153 40 150 -154 150 135 149 ibid. zoo Ol ibid. 49 104 230 Kulcndi* K5t7*3-T^W|V.5t/« Kissing of the deail Hody Knights Estates I.. 107 244 ibid. 324 112 ibid. Ul« 276, 277 O ^^05 308 l.abcrius the Mimic l.acernu Laccmata arnica I.aciniam traherc -^^ Lxna ^0^* Lanista; 266 Titus Largius Flavius the first Die- ^ tat or 123 Latins ^2 Latinus 23 l.atio sontcnti^c l^*- Lutiiun 27 Latrones f^^ Latrunculi 247 Laudatio (a Custom at Trials) 151, 152 Lavinia 2^ l.avinium l^l'j* Laurentia *"'"• Laurentum 28 Laws . ^^^-^^! de adulterio et pudicitia 184 Agrarian l^'t de ambitu 1^<^ of the Assemblies and Meet- 165 163 and mgs — - of CitiTiens of Constitutions, Laws, Privileges of Corn of Crimes of Expenses Falsi of Judges of Judgment of Magistrates de Maj estate of Martial Affairs Miscellaneous of Money, Usury, &c. de paricidis 170 176 183 176 185 181 182 168 183 178 189 180 185 Laws de pecuniis rcpetundls 187 of Provinces and their Governors 171 of Religion of the Senate tic sicariis ct veneficis de Tutelis de Vi IGI 1G7 184 179 185 of Wills, Heirs, and Legacies 180 Leagues (how made) ^-l Lecti tricliniorum, or tricliniares 348 I^ecticx, or Lecti (Funeral Beds) 332 139, 140, 203 Consulares ^04 Praetorii .ex ficnutia lllcronica Hirtia Ilortcnsia i6S 176 168 170 — Juha 172, 173, 175, 177, 182, 184, 188 de Adulterio 184 do Ambitu 187 de Civitate 164 ■ — de maritandisordinibus 189 Papia Junia Lcgat 1 Licinia Sacrata ibid. Legatio libera 1^7 Leges (lujw they diflercd from Pie biscitu) Legions JuCpidus I^essus Levy of the Confederates of tlie foot of the Horse Lex Acilia Acilia Calpurnia A:\'k\ .'lOmilia Ampia Labicnu Antia Antoniu Apuleia Atllia Atiiiia Attia Aufidia , Aurclia (J.TCcilia ('ivcilia Dlilia 146 198 41 3;>0 196 192 194 188 186 165 177 171 177 162, 169, 152, 184 183 179 170 162 186 170, 182 169, 188 170 — Ciecilia de jure Italix et tributis tollendis 189 — Calpurnia 137 — Cainpunia 175 — Cassia 166, 167, 174 — Cincia 1^3 — Claudia or Clodia 190 — Claudia 165, 167, 181 -— Clodia, 161, 165, 169, 172, 176, 185, 189 — Ccjelia l66 — Cornelia, IGI, 162, 164, 168, 169,170, 171, J72, 175, 177, 182, 18^., 184, 188 Curia .-i — Didia Domitia Labia Pannia Flaminia Flavia Furia Fusia Gabinia Gelii« Cornelisi 165 177 162 186 176 174 175 180 165 166, 1C7, 178 180, 183 — Lxtoria — Licinia Albutia Mutia 1/ivia de Sodalitiis de Sociis Mam ilia Manilia Manlia Marcia Maria Maria Porcia Marita Memmia Muneralis <^)gulnia ()l)pia Orchiu Papia Papia Popprea Papiria I) apyna — Plautia — Pompeia — Porcia — Portoria — Pupia — liemniia — Koscia — Sacrata militaris Rcatinia or Scantinia ibid. 161, 188 171 169 179 162, 174, 177 171 164 186 181 164 175 166, 179 161 169 166 178 189 182 183 161 177 176 162, 163 189 161 166 ISl, 185 170, 182, 186, 187 163 189 167 183 162 178 184 Scmpronia 163, 166, 168, 172, 174, 176, 178, 180, 181 Scntia 167 Semilia 164, 175, 181, 188 Scxtia Licinia 161, 168 Silvani et Cabonis 164 Sulpicia 164, 167, 178 165 — Sulpitiu Scmpronia Terentia Cassia 'I'horiu 'I'itia 'i'rehonia Tuliia de Vacationc Valeria \'aleriu Horati;i Varia ■ " \'atinla 161 176 174 169, 173 173 1(>7, 186 162 l(>o, 169, 180 163 164, 183 173 INDLX INDEX J.ex Viilia nniiall>5 Voconiu 1/iuriuH or (.lyccriu^ i;ib;iruina prima Libutio Llb« :11a I.ibclli (Rills tor a SworJ Liber ccnsii, he. Li belt as Libcrtj Lib'-rtiiii Libltina Libilinarli l/ibra Llbrl c'lcpbantiiii Liburnica: Licinivis Lictores Litem intcndcre LiUr.c Litui Li tuns Livius Aiulroiiicus Lorica Luci Lucins Antoniiuis Lucius Uui alius Lucretia Lucius annuus Lucullus Ludi Actiucl ApoHinarcF ■ Aiififustales Ca]>ilolini Cei-eaks Circenses Compitalitii Consualcs Dccennales Floralcs Funebres J u venules JuvcnUilis Magni Marti ales Mei^aUtiSL'^ Miscelli - Nalalitii Palatini Pontificules (iuiiiqueniiales Uomaui SacerdolaU's Ssecu lares Sceuici 'I'riuuipluileb Vicluricc Vutivi Lmlii I'd lllstriones at a Lup.i Lupercalia Lupcici Fabiani Uuincliiiaui -I'lav) 168 180 51 102 ibid. 3.5 1 270 115 21 i 111, 136 ibid. 326 ibid. 355 63 243 48 136 148 226 213 ibid. 275 208 64 46 32 30 344 38 292 287 289 288 2cS6 251 289 288 293 286 294 293 ibid. 292 287 286 293 ibid. ^S9--29i 265 292 288 265 289 274 J93 292 ibid. Funeral 331 28 82, 108 82 83 Ibid. Lustrum condcre Lying on Coucbes al tlic 1 able 127 ibid. 347 M. Mapster equitum Mag-'st rates when admitteil w ben designed Magistratus curules fxtraordinarii ma j ores !iiinores mixti ordinarii Fatricii I'lebcii I'rovincialos ~ Urbani Magnentius Majorianus .Mandatores Mandatum Manipulus Matdius Mapj)a Marc Antony Marcus Antoninus Marius Marriage bv use proper time i'ov 124, 133 119 144 ibid. 119 ibid. ibid. ibid. ibid. ibid. ibid. 119 ibid. ibid. 49 57 154 147 198, 201 35 255 40, 41 46 .)/, oo 314 ibid. 313—320 109 or Mercldonius Marriages Matronalia Mx/^tu'ji (Ships of War) Maxentius Maximian Maximin Maximilian Maximus Megaksia Mercidinus Mercnda Mesopotamia (made a rrovince) Mela in the Circus Melallici Miliarium aureum Milites subitarii Mimus Mina Minerva Missilia Missus (the Matches in the Kaces) 254 a;rarius Mithridates, King of Pontus Mitra Mittcre judiccs in consilium Mola Moncres Of the Money Mons Aventinus 244 48 ibid. 46 48 51 2 86 103 347 303 45 67 158 75 193 276 355 109 261 255 37f 38 308, 309 152 101 244 353—356 54—56 55 Caballus or Cuballinus ibid. Mons Csclius 54, 55 Capitolinus 54 Lsquilinus, Exquilinus, or Kx- culiines 55 Murcius 56 Falatinus 55 — Querculanus, or Qucrcetula- i.us ibid. — — - IJemonius 56 Sjaturni 54 Tar|)eius ibid. Vaticanus 57 Viminalis 56 Moniorius 57 Mors (Capital Punishment) 154, 156 Mortuaria glossaria 331 Mourning 343 Habit 333, 334 Municipia 233 — 235 Munus pronunciare, orproponere 270 Muscuhis 238 Music of the Armv 213 Mutius 32 .Myrmillones 269, 270 330 "50 \xnia Of the Names o Natalis urbis 110 Naval Affairs of the Romans 340—346 Oath of the Soldiers Obolus Ocreae Oetavius or Augustus Octcres Od', um Odoacer < 'fficers in the Armv OAittJgC Oi} brius Onme tullt punctum Opilius Macnnus '07rA:wa5^s< Opiimates Optiones Orchestra Orcini Ordines priml Orestes Ormisdas Ornare Apparitorlbus, Ornari provincia Osorius Ossilegium Ostia (the port) Olho Ovation Ovilia 19(- o5o 208 40, 41 243 6S 50, 51 200—205 343 51 145 46 242 270 113 202 66 114 2ol 51 71 Scribis, 8tc. 138 137 42 341 240 43 2i7 68, 144 Naves apertac constralae longje onerarix rostratx tectac — — - turrit ae Augustus Navis of a Temple Xaumachiae (the Place) (the Sport) No pes Vcro Nerva Nerva's Arch Nobiles Nomen Nominis dclatio Nonac Caprotinac N'ones N'otarius Novennalia Vovi Novissima verba Vovus homo Nuclbus relictls Vuma N'umerian Numitor Nummus Nundin?e Nuts strewed at marriage -feasts Nymph 3ca 244 ibid. 243 ibid. 244 ibid, ibid. 63 68 263 51 43, 52 45 71 113, 114 350 150 110 107 1J6 34« 113, 114 341 114 317 30 48 28,29 354 105 317 77 P. Pacto Paganica (a sort of Ball ) Palantes Palaria Palatium Pales Palilia Palla Palladium Palliatje (Plays) Palliatus Palliolum Palmvra Paludamentuni Pales ("apre3e Pannici terrores Pannonia (subdued Pansa Pantheon I'antomimi Papirius Cursor Paragaudjc Par impar Paria componcrc Parma Parricidium Pater Patratu*. 48 148 250 54 219 54 110 ibid. 307 95 278 297 308 148 301 110 214 41 40 62 276 33 303 .347, 250 271 206 109 94 INDEX. INDEX. Pallbiiluin I'utre^s Conscripti ratriciuas Fairoiis Pav of t lie Soldiers Pecloratc Pecunia , erttraonlmana oriliiiaria P( r, 157 116 11.3 n#, 14 > ^ ^ 1 ^ -t^ ^ "^ •208 • Oiii. 41 244 251 24/. ibltl. 2W, :>05 13(i 2VH 310 •>/ 280 46 276 3oy 271 224 47 :";6 41 24.; 98 46 250 247, 250 198 114 309 ms Poui..th!iiTn Hi,,, g. : l*ciiula I'ri'tMi^sio securi Pcroues Pcrsrs persona Pcrfmux Pcscia Pclusus Pctorc l'li:ilv.M\T Piulip (of Maccdon) Pliilippi ( tlie P.attic there) Pljj Vidians (Priests of Cybcle) Picl':' Pllo tnf^onalis V\] several sorts) PlLtlM Pilo<» ciOIKiI I PilfUS Pilens (the Ue\vurd of (dudiutors) 272 Pilum . /*'^" Pinarii ^\^'^ Pinn.Y -^J^' Piimirapi '> '-'^1 Piso •^•* Piteiied Shirts ^'^ Place (^ which reckoned the iiiosi lio- nourable at \h<: TablL) •• '- Places for burninij: aivl ! nrvin^the Dead Plani pedes Pkbci^ns Flcb sclta PhiU'i PoHicera premcre verterc Follinetores Poniicriun) pvoferrr Pompa Civrjn: ;s Poir.pt \ De pf nte dejici Pontesi Pontifices . niajorcs nilnores Pontifex maxim\u^ Pontificum Pontius Pilate Pontus Pop a: Poplirut^ium Po[)nlares Popniaria poi-^enna Porta Capena.or Appia Carmentalis . rluminia . F him en tana \;cvia — — .saliuna 'rriuinphalis l»( r»'icos Port it ores Portoria Porior um Posra Postulatio actionis Potitii Prseeinpji Pi-a-cipitatio de Koborc ]*ra'CoiKS Pi-ieffCturx Pr: Pectus alx _— — — rvrrarii , — classis fnunenti leg"ionis pra;torio vi^'ilum urbis I'r.xfica: Pra:lusio Pranomen Pr?etc.\(a, rift. To • . Prxtcxtatrc (Pla\s) Prxtur rerei;ri'nus Irbanus 270 112 1 ;6, 160 V;18. 239 ibid. :326 :•-. 54 54 286 38—40 144 ibid. 87—89 89 ibid. 90 Prartorii Pra:ti)rium " r.xtors of the Provinces Prandiuni Prerogative Ontiiry Tribe i'ricits Primipilurlus Priiuipihis Primus centurionum Princt'ps judiciiuu iuventutis senatus I'rJncipafis constittitio Principes centurionum ordinuni i'rincipia Probus l*rocas Proconsuls Procuratores Do Ml 4; 102 no 11 :ii,.Ki (■)0 ibi!-» 134 201 134 ibid. .)J, lot 33') 271 350, 351 279 125 ibid. 201 2 pi 12^ V>9 3\7 114 ibid 82, &r. 201 ibid. ibid. 150 25'' ll.> 160 198, 3d 201 ibid. 2P' 4.S 2H 137— M^' 147 Procuratores Cxsaris Pi(tii'Mio in profluentem prokturii ProT)ru:tors Protpucstors Proscenium proscnj)ti Prosrriptio pro'asis of the Drama Provieces _ (iagisirates I'n.vineia: :'rovocatores* Public Ways I'ublius tlu' Mimic Scipio Piilhirius Piiliuia turba Pit I'll torum circulus ''ulvnarii I'ulvini Punishments 140 156 143 139, 140 ibid. 65 156 155 278 2.^5 139 ibid. 137—1. 9 233 270 78, 79 277 37 86 r.oo ibid. 100 348 154—1.^9 R. -. of the Soldiers 222, 233 46 286 72 ibid. 3o8 259 34 'upietuis a Megalensis !.:!)iUii.s Sci'ibonium 'uticulx or PuticuU \ ra . 'yrrhlcc or Sultatio Pyrrhica 'vrrhus Q miadrans ^>53 liuailriga; 254, .>54 Quadi-ig-atus -'34 Quadrircmis 242, 244 Quatuor viri viarum curandarum 135 Qiir.:sltores 125, 150 Uu-vsitorcB parricidii, vcl reruni ]{adius liecuperatorcs iieferrc ad scnatum itet^^'ons of the City IvCtCU'l'S Hele^ati Ueleii itio Remus Kchunciar. Consul, &c. Keijctere Itepotia Uepudium ivlttere Kctiurius Kcview of the Cavalry Howards of the Soldiers Reus Hex S;?crorum or Sacrificulus Rhea Silvia RiciuiL-r Itinus 'taken otl' from Persons just exjjired) *>^^ liobigalia 11<^ Robigo, or Ilobigus ' ibid. Robur 156 Rogatio 14^2, 153 "* 8 251 147 117 58—60 35 256 155 28,29 146 27i 318 ibiil. ibid. 268, .70 195 224 147 91 27,28 51 JO capitalium Qua:.stiones Quaestor palatii principis Quxstores Peregrini Urbani Quxstorii tiuKslorium Quaestors Quinarius (Coin) Lucius Quintius Quincunx Quindecimviri (Keepers of the Si- 135, 150 125 128 ibid, ibid, ibid. 201 216 127, 139, 140 354 32 210 by nine Oracles) Quinquatrus or Quinquatria Quinqueremis Quiiupierlium Quiuiana Quinctdius Qtiiris (Dca) 96,97 109 244 251 216 47 315 liogus Romani, et Cives Romani, the Dif-^ fcrc-nce between them 234 Rome built 29 sacked by the Gauls 33 sacked by Genscric 51 taken by Odoacer ibid. — — - the Circuit of it in the Reign of \'alerian 57 number of inhabitants ibid. Romulus 27—29 Rosarii 206 lUiscius the Player 285 Ifudiarii 273 Rudis (the Reward of Gladiators) 272, 273 S. Sabines 32 Sacellum , _ 61 Sacramenta (put for milites, or mi- litia) li?8 Sacrifices 100—102 Sacrosancti (the Tribunes so call- ed; 129 Sagittarii 206 Salii 90—92 Colli ni, or Agonenses 93 I'alatini Salisubiulus Sallust's Garden Salutatio imperatoris SaU' tat ores Samnite Gladiators ibid. 92 56 226 120 268, 269 * Printed bv mistv^ke Procuratorcfi. INDEX INDEX. v>.> .>.3 2 ftamnites Sandapilones Sanlinia (siihtliieil) Sarmatians 45 Satire 274, 275 Saturae his'orix 27Ar Satiiram sententias exqulrcre, per Ibid. Saturnalia Sauirnian Verses Scapula Sc<-iia Scipio Scorpio Scots Scribae Scriptnra Scutum Scuta imbrirala ovala Sc stetissc Scctutores Seculurn Securis Steal ores Se Juices Senibella Semissis Senmnciu Senaeulum The Senates Senatorian Acfc Senators Seiuitor's Estate no 275 42 65 36, 40 238, i40 46 136 235 2or ibi(i. Ibid. 148 120 290 268 254 354 ^0 > 354 69 115, &c. 116 112, ike. 116 Siticines Soccus Sodales Arvalef Titii Sodahtia Soiee pulled off at V'easts Sortitio jiidicmn Spanish Swords Spwilaopima Sportiila Sportum Stadia Staliones Status of a pla} Stibadiutn Stipcndiurn Stola Stragula Strangidatio ^r^tltu Ji'. SubsuLc Siicccnturione' Sudes Suevi Suii-^rundarium Sulpiciiis Suovc'lauriliit SupplicatJo Svlla 32« 84 s; i«r 3K 34^. 1.51 lOUl 217 27. v: 20. 217 41 ol 127 226 r •Senators' sons (their liberty of corn- ing into th^ house) '^cnatores pedani Setiatum rtferre, ad Senalus aiithoritas consultuin coiisiilia tacita indictus lei^itinuis 119 ibid 117 118 ibid, ibid. 117 ibid. 1^6 249 68, 144 254 Tabeila votiva benatu < jicere Scnio (a throw on the Dice) Septa, or Ovilia Septcnfijuc^es Serra (way ofdrawingupanarmy) 212 Servitus ' 154, 156 Scrviiis TulHus SO Sesterces, N\ ay of counting b;. Ci55 Sestertium ibid. Sestertius ibid. ScNvrus 46, 51 Severian 51 Sextans ^53 Shoes 310 Shows of wild Beasts 360- -26 j Sibvls 96 Sicambri C. Siccius Dentatus Sicily (suhduetl) Signs of (.;rief at FuneraL Silicernia Sinus of the (iown 41 226 35 342 296 Tabernari «• (a sort of Play > Tabh t marked wit.h A marked with C marked with N L — — — marked with U K Tacitus (Emperor) ralent Pali Talio Tarentine War Tarquinius Priscus Tarquin the Proud Titus I'atius Templum Temple of Jupiter Capitolinus of Janus ~- of Saturn i'' ' Teruncius 353, ..j-* Tcrminalia 108 I essera 215, 21S Tesserae etTesserarumLtidus 247--4'J Tesserarius OlS Testudo J." TfT^j-gT 24.' Teutones Theatre of Scatirus 14: 245 279 145, 152 152 ibid 145 48 355 247—2-iu 154, 153 33 30 30, 31 54 61 id. 63 ibid Theatre of Pompcy Theodoric the Goth Theodosius Tliracian Gladiators Tiara 'Tiberius Tibiae — — Dextr* Impares Lydiae I'ares Phrygia. Sarranac Sinistrac 66 51 50 268, 269 308, 309 41 283, 284 ibid. ibid. ibid. 283 283, :84 'Triens Trierarchus T §/>'§« c Tripudium solistimum sonivium Triremis Triumph Triumviri A. A. JE. F. F. capitales monetalcs nocturni 'Tibialia 'Tigrancs Titus (Emperor Toga alba Candida libera — — palmata picta praetexta pulia - pura ' purpurea sordida virilis Togata Togatac (Sort of Plays) Togatus (opposed to Palliatus) Toralia I'ornainenta Torques Trabes I'rabcatac (Sort of Plays) Tragedy Trajan Trajan's Pillar Transactio Triarii Tribes of the City ibid. ibid. 307 38 44 395, &c. 295 ibid. 299 300 ibid. 297 300 299 300 ibid. 300 307 278, 279 297 348 35S 244 243 86 ibid. ibid 243, 244 227, 230 135 134 135 134 353 247, 250 Triuncis Trochus ^^f , ^J^J Troja, or Ludus Trojac 251, 256 — 260 Trophies 72, 75, 76 Tuba 1 ubac Tubicincs TuUianum Tullus Hostilius Tumuli inanes, or honorarii Tumca angusticlavia laticlavia — palmata Tribu moverc Tribunal Tribunes (Junior) (Senior) of the People ■ of the Soldiers 259 224 301 279 278 45 74 148 244 198, 201 141 58, 145 127 216 200, 202 192 ibid. 1 9 192 202 ibid. 221 202 Tunicatus popellus Tunicae talares Turmae Turres mobiles ^ Turris, Tower, (way of drawing up an army) 2 Tutulus 309 Tyrones 220 213 ibid. ibid. 155 30 341 302 ibid. ibid, ibid. ibid. ibid, 199 238 212 65 — 67 6t' Tribuiii angusticiavii comitiati .nerarii laticlavii militum, consulari potestate 133 • rufuli 202 Tribunus, or Pracfectus Celerum 133 Tribunitia potestate donati 129 Tribus Husticx 145 • lirbanac ibid. Tributa 236 Triclinium 348 V. Vadari reum Valentinian the First the Second the Third Valerian Valerius Poplicola Vallum Varronian Satire Vaticanus, or Vagitanus Mons Vectigales veil Velites Venatio direptioni Ventilatio Venus Genetrix (Throw on the Dice) Verbera Versura Vertere arma Vespasian Vespillones Vestal A irgins Vestis convivalis, orccenatoria fore n sis Veto Vexilia 148 49 50 ibid. 47 32 217 276 57 235 32 198, 206 261 271 214 249 154, 155 180 271 42, 44 326, 332 95,96 349 295 129 224 INDKX. Vcxillarii Via Vppia Viator Vintores V icesimatio Vict i ma Victimarii Victoria Victoriatus V>'i'"Tn pra-fectU3 \ viratus VilUi [Hiblica Vin( ula Viiitl'cta Vlncx Visccratid Vitelllus Vitis VititiJ ;>'^'-'^t'- Vitcs Vill.c Umbo of Hie Sliiclci _ otthe iiown Unc'ia V ocun in itiK Volsci 202 I rbis Natalia 79 listrina 12'i no 338 223 \\ . 100 102 War .jn)\^- declared) 214 Watch -word Ways 154 135 332 \ 68 155 Xantippus 114 Xerxes 238, 239 343 43,44 \ 201 202 ( If tlic Koman \ car 222 101 207 / 296 354 ZcMobia 150 Zosinms 32 Zysti 231,232 214 79 35 46 102—104 48 46, 49 68 SCRIPTORES V?/7 hi (luoJrnm Tomis T/icsaun Antiquitatinn Romanonim a Mni^no (iK.£vio iongcsti biveiiiuntur. TOM I. UCTA\'. Fcrrarius de Orlj^nne Uomanorum. Paiiirs Mamitiiis de Civitaic JJomana. f:ar6!us .Sij-'onius de antiquo jure Civium Komanorum Onupbriiis I'anvinius tic Civitatc liomana. de Jmj)erio liomuno. Pauliis Manutius dc C'omitlis Komanorum. Nicolaiis Grnchius de Comitils Komanorum. -". :. Uesponsio ejusdem ad binas C. Sigouii Ueprchensioncs Carob Sigonii posterior cun» Nicolao Gruchlo Disputatio, (b \ inia Comitiis et Lege Curlaia. ;o. Nicolai (.ruchii ad postcriorem C. Si|,^onii disj)utationcm Ilct- Carolus Sig-onius dc Lej-e Curiata Magistratuum et Impcratorum, et coram Jure. Taulus Manutius de Senatu Romano, .loanncs Sarins Zamoschius dc Scnatu Romano. TOM 11. I'aulus Manutius de I.egibus Romanis. Antoninus Aug-ustinus de Lei^ibus, cum Notis Fulvii Lrsii.i. (Jarobis Sigonius de anti(juo Jure Italic. cle antiquo Jure Provinciarum. de Judiciis. SibrancUis Tetordus Siccama de Jucbcio Ccntunivirab. Franciscus Hottomanus J. C. dc Mag-istratibus Romanoruni, covvrwnxM- Tn.-Uu- tione, ^\^. Senatu et Scnatus-Consulto. (1^ FormuHs anticpiis. Nicolai Rigalti, Ismaelis Rullluldi, et Hcnrici Gaiesii, Obsci-.^uuiics uc Fopul^ Fondis. (Jarolus sigonius de NominibusRomanorum. Onupbrius Fanvinius de antiquis Romanorum Nominibus. Josepbi Castalionis J. C. adversus Fucminarum Pnaiomluum A s^^,^,„^ ,)^^^^.„, V. (,[^. Kpislolu de latere ex redificu vetcr.s rudcribus eruto, qu.im paries ad instauranduin Panthe. Porticum, A 1661, dirueretur. . Iswi Vos.i de antiuua: Urbis Romre Ma^nitiuline. oi u Jorrichr,, de antique: Urbis Rom^ facie, D.sserta .o eompend.ar.a. Sovti^i lUi Fronlini, de Aqua^ductibus Urbis Ron.a-, Comrr.entanus. '?, V ; ! I'.brelti de \nuis et Ari,.lus, in vetcrem picturam Nymph ,um refcTentem [.■" ru'iaconi. in Colun.n > U..strat,x l„scripli,.ne.n, a sc conjcc.ur* suppletam, MUkln'ritinpuo.us qua I,. Scipionis, F. n.rbaU, cxprcssum est clogium, ]:::g::::t::.:rrr::X i^- :'^- ex occas.o„e, de ^..i uomim tem. J!!!!"!!' ';;i'::d'r'Expliea,,o ad inscriptionem Ang„sti. <.u. m basi est nbelisri slatuti per SeMum V. I'onl. ante I'ortam Hamm.am. alias 1 opuli. ..ctri An'seti mrircl de prlvatorum publ.corumque xdificiorum Urbis Komx Eversoribus Kpistola. Uommentaries de Obelisco. . loscplu Castalionis, dc Columna Tnumpbuli Imp. Anlonmi, <'«"^"^^"J;^;;'^;.^ VS enta Vestij^ii Veteris Uom., ex Lapid.bus Farues.anis nunc pr.mum m ueom edita, cum Notis Jo. Bellonii. Huic Tomo prxm.tt.tur f .ivim Cruy u Dtscriptio faciei variorum locorura Urbis Komae, tarn anticpiK quam nov«, m XV. Tabulls xre incisa. rilESAL'R. GRJEV. CATALO^. TOM. V. Jacobi Gulherii, de veterl jure Pontificii Urbis Uomx, libri quatuor. Jo. Andrea Busii, de Pontifice Maximo Romae Veteris, Exercitatio Historica. Ejusdem, de Poniificatu Maximo Imperatorum Romanoruni, Excrcita. tio Historica altera. Mic. Angelus Causacus (de la Chausse) de insignibus Pontificis Maximi, Flann* nis Dialis, Auguris, et instrumento Sacrificanlium. Augustini Niphi, de Auguriis, libri duo. »Tul. Caesar Bullengerus de Sortibus. . De Auguriis et Auspiciis. * -. . — De Ommibus. - De Prodigiis. De Terrac Motu, et Fulminibus. .Toh. Bapt. Belli Diairiba de parti bus Templi Auguralls. Johannes Pierius Valerianus de Fulminum significationibus. Justi Lipsii, de Vesta et Vestalibus, Syntagma. Ezechielis Spanhemii de Nummo Sm) rnaeorum, seu de Vesta et Prytanibus Gr3ecorum, Diatriba. Antiquiv Tabulae Marmoreae, solis effigie symholisque cxsculptae, expllcatio, Auctore Hier. Alexandre Juniore. Accessit non absimilis argument! exposi- tio sigillorum Zonae veterem statuam marmoream cingentis. Michaelis Angeli Causxi Deorum Simulachra, Idola, aliaequc Imagines aerex. Jlo. Baptists Hansenii, de Jure-jurando V^eterum, Liber. Steplianus Trelierius de Jure-jurando. Erycii Puteani de Jure-jurando Antiquorum Schediasma, in quo de Puteali U' bonis. Marci Zuerii Buxhornii, et aliorum, Quaestiones Romajiar. TOM. VI. rranciscu3 Bevnardus Ferrarius de Veterum Acciamationibus et Plausii Petrus Berthaldus de Ara. Benedictus Bacchinus de Sistris, eorumque figuris ac differentia. Casparus Sagittarius de Januis Veterum. J^azarus Bayiius dc Re Vestiaria. Octavius Ferrarius de Re Vestiaria. Albertus Rubenius de Re Vestiaria Veterum, pr?ecipue de Lato Clavo, Octavii Ferrarii Analecta de Re Vestiaria. ,lo. Bapt. Donius de utraque Paenula. Bartbolus Bartholinus de Pa;nula. Aldus Manutius de Toga Romanorum. de Tunica Romanorum. . cle Tibius V^eterum. Theophilus Rajnaudus de Pileo, cacterisque capitis tegminibus, tarn aacris quam profanis. TOM. VII. Klchardus Streinnius de Gentibus et Familiis Romanorum Antonius Augustinus de Familiis Romanorum. 49 TJIESALR. GRiEV. CATALOG. Famili:^ Romanx Noblliores, c Fiilvii Ursini Commcntariis. Notitia Di.unilatiim iitriiisqtic Imperii, ultra Arcadii Ilonoriique tempora : ct in fam (i. ranrirolli J. IJ. I), cclebcrrimi, commenlarius. Marm'»r Pisanum, (k- llonore Bissellii. I*aror|^oii insciilur de Vctcrum Scl- lis; cura Val. Chenicntcllii J. C. Accedit Myodia slve, dc Muscis odori'. I'isanis, Epistola. THESAUR. GRiEV. CATALOG TOM. VI H. Vetiis Kalcndariiim Komanonim, c niarmore dcscriptnm, in JEdibus Maff.-co ruin ad Aj^rippinam. Petri Ciacconii Toletani Note in vetus Komanorum Kalendarium. Fulvii Ursini Notx ad Kalcndanum rusticum Farncsiarum. Kalendarii fragnientum, quod visitur in vFdibus (Japranicoruni. Sibran(b Siccami Comiuentarius in F'astos Kalendares Itomanoruni. Aliud V(^tus Kilcnuariuru, quod in libris autiquis praefigilur Fastis Ovidii. Kalendarium J?onianun), sub Imp. Constantio, Imp. Constantini magni Filio, circo Ann. Cdiristi 334, eompoaitum. Lambecii Notae in Kalendarium vetus. Thomx Dcmpsteri Kalendarium Itomannm. Dionysii Petavii Kalendarium veins l?omanum, cum Ortu Occasuquc Stella rum. Fetri (iasscndi Kalcndaritim Homanum compcndiose expositum. Petri Violx Vicetini de vcteri novaque liomanoruTD lemporum ratione libel- lus. Adrianus Junius de Annis et Mensibus. ejusdem Fastorum liber. Joannes Lalamantius de Anno Romano. M, Jacobus Chnstmannus dc Kalendario Romano. Franciscus Robortellus Utincnsisde Mensium appcllatione ex nominibuslmpp. Joseph'is Scalij^cr de vcteri Anno Ronianorum. llionysius Petavius df veteri Anno Komanomm. Samuelis Fetiti Eclogre Clironologicse de Aimo et Feriodo vctcrum Roman orum. Wilbelmus I-angius dc vcteri Anno Romanorum. Erycii Futeani ile Hisscxto liber. I'etrus TalTinus de vctcrum Komanomm Anno Sxculari, ejusque potissimum per ludos Saeculares celcbritute, corumquc Chronologia. Erycii Futeani de Nundinis Womanis liber. E. Georj^ii Tholosani de Synta^matc Juris, Nundinis et Mercatibus. Joannis Baptista- Relii Diatrilia dc Fbarsalici Conflictus Mense et Die. Petri Morestelli Fhilomustis, sivc de triplici Aj\no Bomanorum, Mensibus. corumquc partibus, deque Die civili, et divcrsitatc Dierum, libri quinque. Alypius, sive de Friscorum Uomanorum Ferijs liber. Julius Cicsar Hullenii^urus de Trlbutis ac Vectig-alibus Fopuli Komani. Vincentii ('(>ntareni, dc Frumentaria Romanorum l.argitione liber. JoanPiis ShcfVeri Agrippa liberat(n\ sivc Disscrtatio de novis Tabulis. Barnabas Bnssonius dc Hitu Nuptiarum, et Jure Connubiorum. Antonii IlotmaMui, J. C. de veteri Ritu Nuptiarum observatio. (le sponsalibus, de veteri Hitu Nuptiarum, et Jure Matri- monioriim, item de Spuriis ct Lcgitimatione. Joannes Metirsius de Lt xu Romanorum. Stanislai Kobyerzykii, dc Luxu Romanorum ('ommentarius. Joachimi Joannis Mudcri de coronis, Nuptiarum prxscrtim, sacris ct profanis^ libellus. TOM. IX. Onuphrius Panvinius Yeronensls de Ludis Circensibus, cum Notis. Toannis Areoli J. U. D. et additamenta Nicolai Fmell, J. C. Juhu C.sfr Bullengems Juliodunensls, Doctor Theolops de Cuxo Romno, Ludisque Circensibus, de Venatione Circi ct Amplutheatn, ac de Iheatro. Onuphrius Fanvinius Veronensis, de Ludis Sa^cularibus, ^\^^!'' . Agesilai Marescotti de Fersonis et Larvis, eorumque apud \eterc. usu et ou- M:^;t^"^i:^l%ecropistromachia, antiqua Duelll ^l^^^l^^^J^^IJ^^J^ in Sardonyche exposita. Cum Notis llennci Gunteni Ihulemaru, J.U. Jusli'^Lipsii Saturnalium Scrmonum libro duo, qui de ^l^d'>^^^^iJ'"^ evnressa _L_ ejusdem dc Amphithcatro liber : in quo torma ipsa loci expres a et ratio spectandi : Ut et de Amphitheatris qua: extra Romam sunt, hbc.llu. , in quo forma: corum aliquot et typi. . . t^- • nnctratns -x Onuphrii Fanvinii de 'I'riumpho Commentarius, Notts et Fig-..r,8 aiustratus, a Jouchimo Joanne Mudero TOM. X. Nicolai Bertricrii, de publicis etmilitaribus Imperii Romani Juris libri quinque, Tc ex GalUca in I atinam Finguam translate ab Henr. Chr. liennnuo. l?;;:::ci:^ F^c^r ul^lm^^^ UaUca in Latinam Linguam versa „^m G!^nnJ:!^cr"^olybii MegalopoUtani^e Castn^om.ns, qu. extant, cum Notis ct Animadversionibus Rathordi Hermanm Schebi. Rat. Herm. Schelii Disscrtatio de Sacramentis, 1 de Custodia Castrorum. de Stipendio Militari. de Stipendio Equestri. , de Stipendio Ductorum. de Die Stipendii. dc Frumento et Veste. dc Tribute et iErario. — de Victu Militum. — de Itinere. — de Agmine Folybiano. de Agmine Vcspasiani. de Cobortibus Legionis antique, - .. ,• • r» r.u^« n de ConorliDus i^egioms aiui^u^. C. L. Salmasii, de Re Mditari Romanorum liber. Opus posthumum. Jo. Henrici Boecleri Disscrtatio de Legione Roraana. Franciscus Robortellus Utinensts. 1. De Legiombus Romanorum ex Dione lib. 4. 11. De Commodis, Frxmus, et Donis Militaribus. 111. De Poems Erycif'pIlle'aVif XTlipendio Militari apud Romanos, Syntagma : quo modus ejus, hactenus ignoratus, constituitur. Vincentii Contareni, de Mditari Romanorum Stipendio CommentunuS: Michael Angclus Causaeus, de Signis Militaribui, Petri Kami, dc Militia Julii Cjcsaris liber. THESAUR. CH-EV. CATALOG TOM. XI. Tjftzcchlelis Spanhemii Orbis Romnnus, seu ad Constitutionem Antoninilm- peratoris, de qua Ulpianus leg-. 17. Dig-, de Statu Homirmm, Exercitationeti duac. Fasti Magistratuum Romanonim ab Urbe condita ad tempora Dlvi Vespasiani Augusti, a Stephano Vinaiido Figfilo suppletis Capitolinis Fragmentis res- tituti. Descrlptlo Constdum, ex quo primi ordinati sunt ; sive integri Fasti Consu-- lares quosldationos docti viri hactenus appellarunt, opera et studio Thilippi Lab be. Tironis Frospcrl, Aquitani, Chronicon integrum ab Adamo ad Homam captam a Geneserico, Wund. Rege. Fasti Consulares Anonymi, quos e codice MS. Ribliothecx Cacsareae deprompsit, et dissertatione dlustravit, F. Henricus Noris. Anonymus de Pr.^fectis Urbi ex tcmponbus Gallleni ; ut et fiagmentum Fas- torum ab Anno Christi 205 ad 353, ex cditione ^tgidii Bucherii. i:pi«;fr»Iri Consularis, in qua Collegia LXX. Consulum ab Anno Cbristianx Epochs XXIX. Imperii liberii Augusti decimo quinto, usque Annum CCXXIX. Imperii Alexandri Severi octavum, in vulgatis Fastis hactenus perperam descnpta, corriguntur, suppl^ntiir, et illustrantur. Auctorc F. Henrico Noris Vcroncnsi, Augustiniano. Sertorii Ursati, Equitis, de Nolis Komanorum Comnienturius. liissertationes de Nummis Antiquis, divisac in quatuor partes, Auctorc Ludo- vico Savoto. Ex Gallica in Latinam Einguam transtulit L. Ncocorus. Alberti Rubenii Dissertatio de Gemma Tibcriana et Augustxa. j(. Urbibus Neocoris Diatribe. Marquardi Freheri, Consiliarii I'alatini, de Re Monetaria veleruni Romanorum, ct hodierni apud CJermanos Imperii. Kobertus Cenalis de vera Mensururum Ponderunique Katione. Lucae Paeti Juris Consult!, de Mensuriset Pondenbus Romanis et Grxcis, cum his qux hodie Romrc sunt collatis, Libri quinque. l»risciani Caesariensis, Rhemnii Fannii, Bedx Angli, Volusli Mctiani, Balbl ad Celsum, Libri de Nummis, Pondcribus, Mensuris, Numeris, corumcpie Notis, et de vetere computandi per digitus Rationc, ab Elia Vineto Santone emen- dati, ut et a J. Fredcrico Gronovio. Mexandri Scrdi, Ferrariensis, de Nummis Liber, in quo prisea Graecorura et Romanorum Pccunia ad iiostri xris rationem rcdigitur. TOM. XII. vincentiiis Rutins de calido, frigido, ct temperate Antiquorum Potu, ct quo modo in Deliciis uterentur. Julius Cd'sar Bullengerus deConviviis; Libri quatuor, Erycii Puteani rcliquit Convivii prisci, turn Ritus alii, et Censura:. \ndrere Baccii, de Thermis veterum, Liber singularis. Francisci Robortclli Laconici ; seu Sudationis, qux adliuc visitur in ruina BaU nearum Pisan?c Urbis explicatio. Francisci Mariae Turrigii Not^ ad vctustissimam Ursi Togati, Ludi Pila; vitrex inventoris inscriptionem. Martini Lipenil Strcnarum Historia, a prima Origine per diversas Regum, Con sulum, et Imperatorum Romanorum, ncc non Episcoporum a^tatcs ad nostra usque tempora. Marci Meibomii, de Fabrica Triremiuin liber TIIESAUa. GR^V. CATALOG, Constalltini Opelii de Fubrica Trireniium, Mebomlana Epistola perbrcvis ad aniiCUKi. Isaaci Vossii de Trircmium et Liburnicarum consitructione dissertatio. Jacobi Pliilippi Thomasini, de Donariis ac ? ab Ihs Votivis, liber singularis. Vincentii Alsanii, de Invidia ct F:AScin<) V