THus having premised a short trea∣tise concerning the first situatiō of Rome, and the most remarkeable parts thereof, I purpose to proceed to the Inhabitants, which antiqui∣ty hath stiled Citizēs of Rome. And Erasmus rather describing a Ro∣mane, then defining him, saith, A Romane was graue in his conversa∣tion, severe in his iudgement, constant in his purpose: Whence Cicero in his Epistles oftē vseth this phrase, Mo∣re Romano, for ex animo .i. vnfainedly.Sig. de iur. Rom. l. 1. c. 1. Sigonius rendring the definition of a Romane citizen, averreth that no man is lege Optimâ .i. in full and compleate manner a citizen of Rome, but he which hath his habitation there, which is in∣corporated into a tribe, and which is made capeable of ci∣ty prefermēts. By the first particle those which they terme municipes; by the second those which they cal Inquilini; & by the third those which they call Libertini are in a man∣ner disfranchised. But whereas Sigonius saith that they must haue their habitation at Rome, he would not be so vnder∣stood, as if a Romane citizen might not remoue his habita∣tion to any other country: For saith he a Romane citizen may be as long absent from Rome, and the fields belonging to Rome, as he please, so that hee suffer himselfe to be sessed and taxed in common with others toward the subsidy pai∣ments, & denieth to be incorporate into another city. For T. Pomponius was a true citizen of Rome, though he dwelt at Athens. The Romane citizens being by these priviled∣ges as by a more proper & peculiar character distinguished from other people; and being planted in the city accor∣ding to the appointment of Romulus their king, it seemed good vnto him to divide them intoSigon. de jure Rom. lib. 1. cap. 3. tribes, not taking the note of distinstion onely from the divers places they then inhabited, as we read that Servius the sixth king of Rome did, making therefore fowre tribes , locall, namely Suburanam, Palatinam, Collinam, and Esquilinam (which number of locall tribes in processe of time encreased vnto the number of 35:) but dividing them according to the se∣verall natiōs, which at the first were donati civitate .i. made free denizens of Rome: (and they being in number thre. 1. the Sabines, which were named Tatienses, from their king Tatius: 2. the Albanes, called Rhamnenses from Romulus. 3. other nations promiscuously flocking out of other coun∣tries to the Romane Asylum placed in a groue called in la∣tin Lucus, which gaue Romulus occasion to name thē Lu∣ceres) he made in all three tribes or nationall. After that Romulus had thus devided the whole body of the Ro∣manes into three tribes, he then subdivided each tribe into tenne lesser numbers, which he called curiae, or parishes: & then followed fiue other divisions in respect of their diffe∣rent degrees, and callings: of which in their severall order.

THe first division of the Romans in respect of their de∣gree, and place was this. The elder, wealthier, & gra∣vest sort of Romanes, were called sometimes Patri∣cij, either because of their age, and gravity; or because they had many childrē (for great priviledges were granted vn∣to fathers of three children:) & sometimes Patroni, because they were as patrons, and fathers in helping and assisting the causes of the common people seeking to them. The younger, poorer, and simpler sort were called, as they had relation to the Patricij, Plebeij .i. the commons; as they had relation to their Patrons, they were named Clientes .i. Cli∣ents. Betweene whomLazius de Repub. Rom. lib. 12. cap. 3. there was such a mutuall, and reci∣procal entercourse of loue, and duty, that as their Patrons were ready to protect their clients, so the clients were bound with all faithfulnesse to cleaue vnto their Patrons: and that not only to credit them with their attendance in publike assemblies, but to disburse out of their owne pur∣ses towards the bestowing of their daughters, the paying of publike mulcts, the giving of largesses in suing for offi∣ces, &c. Neither was it lawfull for either of thē to enforme, to depose, to giue their voices, or to side with adversaries one against another without the guilt of treasō: for which crime of treason they were dijs inferis devoti .i. cursed to hell, and the law gaue liberty for any man to kil them. Out of the Patricij did Romulus elect 100. counsellers to assist him in determining matters concerning the cōmō-weale: to these did Romulus after adde another 100. and Tarqui∣nius Priscus, as diverse authors testifie, made them a cōpleat 300. which they called Patres, or Senatores, & their sonnes Patricij. But in processe of time the commons also were e∣ligible into a Senators place. Some say that Tarquinius Priscus added the second hundred to the Senate out of the commons,Martin. Ph leticus in Cic. lib 1 Ep. fam. 1. who were called Senatores minorū gentium .i. Senators of the lower house. Brutus added the last 100. & made them 300: at what time they began to be called Pa∣tres conscripti. And this accordeth with Ioannes Rosa in his Epitome of the Romane history, in his chapter de Regibus Romanis: where he saith, that Tarquinius Priscus did dou∣ble the number of the Senators: And likewiseAlex. Gen. dier. l. 2. c. 29. Alexander Neop. saith, that Brutus made them a compleat 300.

AFter that through Tarquinius Superbus his tyranny, the very name of a king became odious to the Ro∣manes, not only the present king was exiled, but the authority of a king ever afterward detested, and perpetual∣ly abrogated: so that the office, which was before monar∣chicall then was divided betweene two, called Cōsuls; nei∣ther were they admitted for any longer space then one yeere. At which time of change, the Romanes were divided into three orders, or ranges, 1. into Senators, of whom be∣fore. 2. into Gentlemen, called of the Romanes ordo Eque∣stris: by which we doe not vnderstand those 300. Celeres .i. Pensioners, called sometimes Equites, for that was a place of service, this a title and token of gentility. Who although they were inferiour to the chiefe Senate, yet they were of greate esteeme among the Romanes: and although they might not weare the same robe as the Senators did, namely the laticlavium, or garment bestudded with flowrishings of purple silke in manner of broad naile heads;Rosin. Ant. lib. 1 cap. 17. yet they might weare the angusti-clavium, a garmēt differing from the former only in this, because the purple studdes, where∣with it was purfled was narrower, and not so large as the lati-clavium. They also at the time of their election recei∣ved from the Censors an horse, called by them equus publi∣cus, because of the yeerely allowance out of the common treasury to keepe him: it was also called equus militaris, be∣cause of their service in warre (Lipsius de magnitud. Rom. l. 1. dial. 5. they having their horses kept as well in peace, as warre.) They received also a gold-ring, Alexan Ge∣nial. dier. li 2. cap. 29. whereby they were distinguished from the Popula∣cie: for it was not lawfull for any to weare a gold-ring vn∣der the degree of a Senator, or a Gentleman. The estimati∣on and value of a Senators estateSuet. in Au∣gust. vntill Augustus his time was octingenta sestertia, that is, 6000^l.Plin. lib. 33. cap. 2. Of a gentlemans estate it was quadringenta sestertia, that is, of our English mony 3000^l. 3. The third order, or degree in the Romane common-wealth was Populus, the populacy, or commons, which should exercise trading, manure the ground, looke vnto the cattell, &c. Where by the way we must vnderstād that the baser sort of the Romanes, which did wander vp & downe to and fro, not setling themselues to any vocation, were not contained within this division: for vnto them there was no name vouchsafed: but according to the Poet they were sine nomine turba; or as Livy saith, ignota capita, men of no account, and therefore of no name.

THis division was taken from the right or priviledge of having images; for they were accounted Noble∣men, which had the images of their predecessors: Those which had their owne images only were called No∣vi .i. late-coyned nobles or vpstarts. Salust vseth this word often in the disgrace of Tully calling him Novum & repti∣tium civem, one that lately crept into the city. The thirde sort called ignobiles were those that had no images, neither of their predecessors, nor of thēselues. Before we proceede, we must vnderstand, that it was not lawful for who would to haue his owne image, if he so desired; for none might be thus priviledged, but those alone to whō the right of riding in a Curule chaire belonged; & to these the right of images was permitted, as wel for the credit of their house, as to in∣cite others to the like atchieuements, when they would consider the diverse ceremonies vsed vnto these images in an honourable remembrance of those whom they did re∣present. Whence it followeth, that Ius nobilitatis is no∣thing else but Ius imaginis; insomuch that this wordSig de iur. Rom. l. 2 c. 20▪ Imago doth oftentimes signifie Nobilitie: and the right of having Images with them, was the same as the right of having arms with vs.Alexan. Ge∣nial. dier. lib. 5. cap. 24. The superstitious cōceit which the Romans had of these images was such, that vpon festivall daies & all occasions of ioy and mirth, those images should bee beautified and adorned with garlands and flowers; vpon occasions of griefe and mourning they would take from them all their ornaments, making them in a manner to par∣take of their mourning. Some they kept in their private closets,Barthol. Latomus in Verrin. 7. others they exposed to the publike view of pas∣sengers, placing them in the gates of their houses together with the swords, targets, helmets, ship-beakes, and such o∣ther spoiles as formerly they had taken from their enimies; which it was not lawfull for any though they bought the house so much as to deface.

THis fourth division of the Romans hath beene occa∣sioned through the faction & siding of the Citizens. Those (according to the description ofCic pro Sextio. Tully) were Optimates .i. the best citizens, who desired their actions might be liked, and approved by the better sort. Those Po∣pulares. .i. popular, who through a desire of vaine-glory, would not so much consider, what was most right, as what should be most pleasing vnto the populacy. So that here by this word Popular wee vnderstand not the commons, as formerly we did,Geor. Me∣rula in orat. pro. Ligario. but be he Senator, Gentleman, or infe∣riour, if he doe more desire that which shall bee applauded by the maior part, then that which shal be approved by the better part, him the Romanes called Popular .i. such a one, that preferreth the popular applause before the right.

THough Satan had much blinded the hearts of men in old time, yet was not the darknesse of their vn∣derstanding so great, but that they did easily perceiue, and therefore willingly acknowledge, that there was some supreame governour, some first mover, as Aristot. saith: some first original of all goodnesse, as Plato teacheth. So that if any made this question, whe∣ther there was a God, or no? he should be vrged to con∣fesse the truth of that rather argumento bacillino, quàm A∣ristotelico, rather with a good cudgell, then with any long dispute. But as they were most certaine, that there was a God, so were they againe very blinde in discerning the true God: and hence hath bin invented such a tedious ca∣talogue of Gods, that as Varro averreth, their number hath exceeded thirty thousand, and proved almost numberlesse. Wherefore I shall omit to make any distinct treatise of the Gods, intending obiter, and by the way to speake of them, which either had priests, or sacrifices instituted for them. Only I purpose to shew what is vnderstood by those gene∣rall distinctions of the Gods, which diverse authors haue vsed. Tully lib. 2. de legibus reduceth all vnto three heads, Gods celestial, which Varro calleth select, and others haue styled Gods maiorum gentium .i. of the greater nations, be∣cause their power was greater then the others.Alex. Geni∣al. dier. lib. 6. cap. 6. Alexan∣der Neapolitanus saith, that twelue of these were the Pe∣nates, which Aeneas did take forth with him at the destru∣ction of Troy. Ovid calleth them Deos nobiles, noble Gods: others call thē Deos consentes, quasi consentientes, because Iupiter would do nothing without the consent of all. En∣nius hath delivered them in this distich, Iuno, Vesta, Minerva, Ceres, Diana, Venus, Mars, Mercurius, Iovis, Neptunus, Vulcanus, Apollo. The second sort of Gods were called Semidei .i. Demigods: Servius. in lib. Georgic. also Indigites .i. Gods adopted, or canonized; men deified. For as the select Gods had possession of heaven by their owne right; so these Gods canonized had it no otherwise then by right of donation, being therefore translated into heaven, because they lived as Gods vpō earth: but because their merit was inferior, and could not parallel the deserts of the Gods select, therefore were they called Gods of in∣ferior note.In Aeneid. lib. 5. Servius would haue these called Divi; obser∣ving this difference betweene Dij & Divi, that Dij should signifie those which had bin Gods perpetually, but Divi should signifie men made Gods, though commonly they are vsed one for another. Whence they called all their Em∣perours Divi, because for their deserts they thought them worthy to be Gods. Now theRosin an∣tiq. l. 3. c. 18. manner how a man became deified was this: The party to be canonized being dead, a pile of wood was made in forme of a great tent, or taberna∣cle, with three other lesser tabernacles one vpon top of a∣nother, the lower-most having in it dry combustible mat∣ter, but in the out-side adorned richly with gold, Ivory, & painted tables: vpon the top of which was placed an eagle made of some light matter, as paper, or thin wood. Hither the dead corps was to be caryed with great solemnities; the Senate, the gentlemen, and al the chiefe magistrats go∣ing before, with hymnes and songs, and al kinde of honor, which was to be performed even to the Gods themselues. He being in this manner brought, and laide within the se∣cond tabernacle, the fire was kindled, by reason of the smoake and vapor whereof the Eagle was carryed vp into the aire, and, as the Romanes thought, it did transport the soule of the dead body into heaven, in so much that ever af∣ter he was canonized amongst the Gods, and worshipped as a God. And because they were thus turned into Gods, some haue called them Deos animales,Serv. in Ae lib. 3. quoniam animae hu∣manae verterentur in Deos. The third sort were those morall vertues, by which as by a ladder men clymed into heaven: and therefore did men stile them Gods, because by their meanes men became deified. Late writers perceiving that all the number of the Gods could not bee reduced vnto these three heads, haue added a fourth sort, which they Rosin. an∣tiq. lib. 2. c. 19. call Semones, quasi semi-homines, because ancient writers, as Rosinus hath obserued, called men hemones, not homines. In which point I shall willingly condescend vnto him; but I shall leaue to the iudgement of others, to determin how iustly he hath restrained the Gods minorum gentium of the lesser nations, only vnto this last classis: whereas my opini∣on is, that the demigods, the morall vertues which haue beene stiled Gods, and these Semones, may all of them bee called Gods of the lesser nations, standing in opposition with the Gods select, which are called Gods of the grea∣ter nations. But that we may vnderstand what is meant by these Semones, we must remember, that by them are signifi∣ed vnto vs not those Gods, which doe appertaine to man himselfe, but to the necessaries of mans living, his victuals, his cloathing, and the like: not to the being of a man, but to the well being of him, of which sort is Salus, Fortuna, with others. We read likewise of other names given in cō∣mon to diverse Gods, not as opposite members of a divisi∣on, but as notes of distinction drawne from the diversity of helpe, which they severally did afford vnto man. In this espect some were called dij Patrij, or tutelares, such as had vndertaken the protection of any citie, or towne: which opinion hath sometimes beene entertained by our Eng∣lish-men, and thence haue risen these, and the like speeches S. George for England, S. Denys for France, S. Patricke for Ireland, &c. And the Romans being fully perswaded of the truth thereof, whensoever they went about to beseege any towne, by certaine enchantments, or spels they would first call out these Tutelar Gods; because they deemed it a matter impossible to captivate the citie, as long as these Gods were within; or at least they thought it a crime vn∣expiable to take the Gods as prisoners. And least other na∣tions might vse the same meanes in beseeging Rome, ther∣fore, Sylvius in epist. virotū illuctrium. as diverse authors haue thought, the true name of the Romane citie was never knowne, least thereby the name of their Tutelar God might bee descryed. Others namely the Tyrians haue tied fast their God Hercules with a golden chaine, thereby the more to secure themselues of his residence among them.Alex. Gen. dier. l. 6. c. 4. Others haue beene called Dij communes, namely Mars, Bellona, and Victoria, because in time of war they are not bound to either side: but some∣times they helpe one side, and sometimes the other. And as they supposed some Gods to haue the protection of whole countries, so did they beleeue that others had the charge of particular men; and that so soone as any man was borne two spirits did presently accōpany him invisibly, the one tearmed the bonus Genius, or good angell, perswading him to that which should be good: the other called the malus Genius, or evill angell, tempting him to that which should be hurtfull: insomuch that they thought all the actions of man to be guided by these angels called Genij, so that if a∣ny misfortune befell a man, they would say that the mat∣ter was enterprised Dijs iratis .i. our Genius being displea∣sed with vs. Virgil calleth these bad Angels Manes, as it appeareth by that, Quis{que} suos patimur manes, .i. Every man hath his evil Angell .i. some misfortune. They are therefore called Genij, because they haue tuition of vs so soone, as we are Geniti .i. borne, although every place had also his genius, as hereafter shall appeare. This opinion was the more confirmed by a vision which appeared vnto Plutarch. in Bruto. Brutus in Asia neere vnto the time of his death: for Bru∣tus, watching vpon a certaine night in his pavillion, the candle being nere spent, saw a fierce tragical person ap∣peare vnto him, somewhat bigger then a man, and hee pre∣sently being of an vndaunted spirit, demanded whether he were a God, or a man? To whom the vision answered, Brutus, I am thy evill Genius, which haunteth thee, thou shalt see me at the citie Philippi againe. And the same visi∣on appeared vnto him, as he was fighting at Philippi: which was the last fight that ever he fought. And because that Iu∣no was wont to be invocated in time of child-birth, there∣fore many haue thought that every man hath not his two angels, but one angell, and Iuno to obserue him. This Ge∣nius, as often as he is vnderstood for the good or evil angel which hath charge of a mans body, is painted in forme of a man, as we read he did appeare to Brutus; though some time he is painted as a young boy, sometime as an old de∣crepite man,Rosin. An∣tiq l. 2. ca. 14▪ but alwaies with a crowne of plane-tree, which therefore was called genialis arbor. In the right hand he held a platter over an altar garnished with flow∣ers. In the left he held a scourge hanging downe. The sacri∣fice that was performed vnto the Genius was wine, and flowers: wherevpon (as if by wine, and fragrant odors were signified all kind of pleasures) certaine proverbial speeches haue beene occasioned: as when we see a man giuen much to his pleasure, and daintie feeding, we say hee doth indul∣gere Genio .i. pamper or make much of his Genius: on the contrary he that is abstemious, & debarreth himselfe of his pleasure is said defraudare Genium, to defraud his Genius: & Gentalis also signifieth iocund, or pleasant.Vid. Erasm. Adag. It was also the custome after meals to haue a cuppe passe round the table, much like vnto our poculum charitatis, and it was called poculum bon genij. But the reason, why they would not sa∣crifice vnto their Genius by killing some host, as they did to their other Gods, was, because they iudged it vnfit to depriue any creature of his life vpon that day, when they first begā their life. (For this sacrifice was performed year∣ly by every one vpon his birth day.) The other Genius, which is supposed to haue chiefe power over high waies, and places, being therefore called Genius loci, was pictu∣red in the forme of a snake, in which forme Virgil faineth him to haue appeared to Aeneas, when hee performed the funerall rites due vnto his father Anchises, Aenead. lib. 5. —Adytis cum lubricus anguis ab imis Septem ingens gyros, septena volumina traxit. And Persius, Pinge duos angues, pueri sacer est locus, extra Meiite, .i. duos genios. Another sort of Gods was supposed to haue the keeping of mens houses:Franc. Syl∣vius in orat. pro Sext. Ro∣scio Amer. which they painted in forme of a dogge: because those to whom the charge of houses is committed ought to resemble dogges, that is, to seeme fierce, and an∣gry towards strangers, but gentle, and kind to those of the houshold. They were named Lares, and because of the charge, they had over mens houses, this word Lar is sun∣dry times taken for an house it selfe, as parvo sub Lare, Ho∣rat: in a little cottage, Homo incerti Laris .i. a man that hath no house to dwell in. Sen. in Med. And the custome in sa∣crificing vnto them, was to eate vp all whatsoever was left of the offering. For they thought it an heynous matter to send any part of that sacrifice abroad either among their friends, or the poore: and therevpon when we see a glutton leaue nothing in the platter, not somuch as the curtesy∣morsell, we say, Lari sacrificat .i. he sacrificeth to his hous∣hold God.

PAn was supposed to bee the God of the shep-heards, and isServius in Virg. Ecl. 2. thus described: he is pictured naked, having hornes in likenesse of the sunne-beams, a long beard, his face red like the cleere aire, in his breast the starre Ne∣bris, the neather part of his body rough, his feete like a goate: in one hand he holdeth a pipe, in the other a shep∣heards crooke, and alwaies is imagined to laugh.Fenestella dcerd. c. 1. He was worshipped first in Arcadia, and there called the God Pan Lycaeus: but afterward he was had in great esteeme at Rome Fenest. . and in the honor of him certaine sacrifices, & games cal∣led Lupercalia were solemnized by the Romanes.Pomponius Ltus de Sa∣cerdot. cap de Luper. There he tooke the name Inuus, or as some say Iunus. Concerning the time, whē these sacrifices were to be performed; it was vpon thePlutarch. in Romulo. vnfortunate daies of the month February, which hath his name à februando, from purging: whence the feast or game is as a purification; though the Latin word signi∣fieth as much as a feast of wolues, in a memoriall that Ro∣mulus, and Remus were nursed by a shee-woulfe. This see∣meth very probable, because the Priests, which were called Luperci began their course at the foote of the mount Pala∣tine, called by the Romanes Lupercal .i. the place, where the woulfe nursedPlutarch. in Romulo. Romulus. The ceremonies were these: The hoast (being two goates) was to be slaine; and two noble mens sonnes were to bee present, whose foreheads being blouded with the kniues of them that had slaine the goats, by & by were to be dryed vp with wooll dipped in milke. Then the young boyes must laugh immediately after their foreheads were dry. That done they cut the goats skins, & made thongs of them, which they tooke in their hands, & ran with them all about the city stark-naked (saving they had a cloath before their privities) and so they strook with those thongs all they met in the way. The young wiues did never shun them at all, but were well contented, to be stri∣kē with them; beleeving it helped them to be with childe, and also to be easily delivered. Moreover it is to be noted, that a dogge was sacrificed at this time, because there is a naturall antipathy, or contrariety of nature, betweene the dogge and the woulfe: whereby Romulus thought to testi∣fie his gratefulnesse vnto the woulfe for her paines in nou∣rishing him. The reason why the priests ranne vp & downe the streetes naked, was, because that Pan the God of this sacrifice was painted naked. As the feast, so also the place from whence they came, and likewise the Priests had their names à Lupâ which signifieth a woulfe. Some authors haue observed three sorts of the Luperci, some called Fabi∣ani, some Quinctiliani, from Fabius, and Quinctilius their governours the third sort, whichRosin. an∣tiq. lib. 3. c. 2. Rosinus affirmeth to haue beene added in the honor of Iulius Caesar, I cannot finde according to his quotation in Suetonius. But thus much Suetonius saith inSueton. in August. another place, namely that Au∣gustus Caesar when he was chiefe Pontifie did restore these games againe being formerly abolished.

CEres otherwise called Eleusina was honoured first a∣mong the Grecians, afterward among the Romanes, as a goddesse, which first taught men the skill of husbandry.

Whence shee is sometimes metonymic taken for corne, as Credenda Ceres aruis. Ovid. It is seed time. Shee is called Ceres,Cic lib. 3. de nat deor. quasi Geres, à gerendis frugibus, from bearing fruit: because, as some say, by Ceres is vnderstood sometime the earth it selfe: whence also being the greeke name of Ceres is said quasi .i. the earth, which is the com∣mon mother of vs all.Rosin. an∣tiq. li. 2. c. 11. Shee is painted in the habit of a ma∣tron wearing a garland of corne; sometime sorrowful with a lampe in her hand, as if shee were seeking out her daugh∣ter Proserpina caryed by Pluto into hell; & sometime with a handfull of corne or poppy-seed. Vpon the fift of the Ka∣lends of Aprill the Romanes were wont to performe sacri∣fices vnto her, which they called sacra Graeca .i. the Graecian sacrifices as likewise they tearmed the chiefe womā which did performe them, sacerdotem Graecam .i. the Greek mini∣stresse, because they were trāslated into Rome out of Greece by Evander. The time of their solemnities was at the daw∣ning of the day, and the Priests, which were only women ran vp and downe with lamps in their hands in manner of mad women; into whose temple none that was guilty of a∣ny fault committed might enter: whose mysteries were to be buryed in silence, and by no meanes to bee blabbed a∣broad. And as it is to be supposed, that was the reason why all wine was forbade in this sacrifice. So that hencePlautus in Aulularia. we say Cereri sacrificat, he sacrifices to Ceres, when he maketh a feast without wine.

HErcules had an altar erected in the memorial of him neere vnto Tiber by Evander, vpon occasion of the heards-mens complaint brought vnto Evander of him, whom they accused to haue slaine their chiefe heards∣man Cacus, the history beingServ. Aen. lib. 8. thus. Hercules after his cō∣quest over Geryon brought away with him certaine good∣ly Oxen, and as well to rest himselfe, as to pasture his oxen, he laid him downe to sleepe in a greene field neere the ri∣ver Tiber. In the meane while a certaine heards-man cal∣led Cacus happened to come that way, & perceiving Her∣cules to be in a sound sleepe, he stole away two of his oxen, which he hid in a caue, or hollow rocke, pulling them in by the taile back ward, thinking that Hercules whē he should looke his oxen, and see the print of the footsteps, would easily beleeue, that his oxen had rather gone out from that rocke, then into it, as indeed he did for a time beleeue: but afterward by the bellowing of the oxen within, answering their fellowes without, Hercules entred the rocke, & fin∣ding the theefe Cacus there with his oxen, he killed him, by reason of which murder he was brought before Evan∣der, and after a while knowne to be the Hercules, of whō the prophetesse Carmenta had foretold vnto Evander, that he should be a God. Wherevpon Evander presently salu∣ted him by the name of Hercules the sonne of Iupiter, and in honour of him caused an altar to bee built there in that place: vpon which yeerely was to be offered vp an heifer which had never borne yoke; and that this sacrifice might be had in the more esteeme, two noble men well stroken in yeares, and of good repute among the Romanes, one of them being called Potitius, and the other Pinarius were ap∣pointed as the Priests to performe these sacrifices; from whom ever after Hercules his Priests were called Potitij, and Pinarij. Where by the way we must obserue, that Pina∣rius was not the sur-name of this old noble-man, but a name added vnto him, intimating his, and his successours punishment for not comming soone enough according to the time appointed by Hercules. For, asServ. lib. 8. diverse wri∣ters testify, the entrals of the hoast were almost eaten vp by the family of Potitius, before Pinarius, & his familie came; and in punishment of their negligence Hercules enioy∣ned the Pinarij never after to eate of the entrals, giving thē this name Pinarij at that time, from the greeke word , signifying hunger.

THis college or company of Roman Priests may be englished the Arvall fraternity: the number of them being twelue, eleven of them naturall brothers, sons to Acca Laurentia Romulus his foster mother;Fenest. de Sacerd. c. 3. for which respect Romulus yeelded himselfe hir adopted sonne, insti∣tuting this order in the honour of the Gods, that they be∣ing therwith appeased might the willinger cause the earth to fructifie, and added himselfe to the former eleven as the twelfth priest or brother to helpe in the performance of this publike sacrifice. Moreover beside the performance of this sacrifice, these twelue were appointed arbitrators, or iudges to decide controversies concerning land-markes, and bounds of the field, frō whence they tooke their name fratres Arvales. Their sacerdotal ornaments was a garland of wheat bound vp with a white riband, this being, asPlin lib. 17 cap 2. Pli∣ny writeth, the first crowne, or garland amongst the Ro∣manes.

AFter that Romulus had divided the whole body of the Romanes into three tribes, or wards, and subdi∣vided those three wardes into thirtie parishes, called Curiae, he ordained out of each Curia two parish Priests or Curates called Curiones, or Flamines curiales; which were publikely to offer vp sacrifice in the behalfe of the people. Neither was every one equally capable of this honour of Priesthood;Dion Hali∣car. lib. 2. but he was to be at the least fiftie yeares olde, of a life vnspotted, and a body vnmaimed. And over all these there was one which had chiefe rule, & therefore was called Curio Maximus, the Bishop, or chiefe Prelate: and these sacrifices were called Curionia.Dion. Hali∣car. lib. 2. Their sacrifice be∣ing ended each parish had a east in a common hall built for that purpose: it was called Domus Curialis, & somtimes Curia.

AMongst other kinds of Fore-tellers we read of three principally vsed in former time, namely, Aruspices, Auspices, and Augures: all which wee english Sooth-sayers, though the Latine words do import a main difference worth our observation. The Aruspices did di∣vine, or fore-tell things to come by beholding the entrals of beasts sacrificed: whence they had their name,Bened. Pe∣er lib 2 de Magia. ab aras inspiciendo, from beholding the altars. The Auspices did foretell things by beholding the flight of birdes, so that Auspices are said quasi avispices, ab aves aspiciēdo. The Au∣gures did divine from hearing the chatting or the crowing of the birds: whence they are called Augures ab avium gar∣ritu, from the chirping and chatting of birds. These two last kinds of sooth saying haue occasioned these, & the like phrases, bonis avibus, or auspiciis, with good lucke, malis avibus .i. with ill lucke: and because they would beginne Fr. Sylvius in orat. pro Cluentio. nothing inauspicatò .i. without the counsell of the Au∣gures, hence Auspicarirem hath beene translated, to be∣ginne a matter. The colledge of the Augures at Rome was first appointed byPomp. Lae∣tus cap. de Augur. Romulus himselfe being very expert in soothsaying, there beeing at the first but three, namely one of each tribe: (The word Augur being not taken in his owne proper sense, and significatiō aboue-mentioned; but generally by the trope Synecdoche, signifying all kindes, and sort of divining whatsoever, whether it were by ob∣serving the entrals of beasts, the flying, screeching, & chat∣ting of birds, or thundring, or lightning in the heaven, or marking the rebounding of crummes cast vnto birds, which kind of divining was called Tripudium.)Rosin. A. lib. 3. cap. 8. Servius Tullius the sixt Romane king, when he divided Rome into foure locall tribes .i. Regions, or quarters, then did he adde the fourth Augur, all of them being elected out of the Pa∣tricij, or the nobilitie of Rome.Rosin. ib. In processe of time Quin∣tus, and Cneius Ogulinus being chosen Tribuniplebis .i. protectors of the commons, obtained that fiue other Au∣gures should be chosē out of the commonaltie, and added vnto the former foure: at which time the Senate decreed that the college of Augures should never exceed the num∣ber of nine.Rosin ib. Notwithstanding Sylla being Dictator added six more, insomuch that their college encreased to the nū∣ber of fifteene: the eldest of which was calledAlex. Gen. dier. l. 5. c. 19. Magister Collegij, the master, or Rector of the colledge. The Augures excelled other Priests inAlex. ib. this respect, because if any of them had beene convinced of any heynous crime, hee did net loose his office, neither was any other subrogated into his roome, although the Romane custome was, that if any other priest had committed any notorious offence hee should presently be discharged of his office, and another chosen in his place.Pomp. Lae∣tus. c. de Aug. The manner how the Augur did ob∣serue was this: He sate vpon a castle, or a towre, the ayre being cleere, and faire without clouds, or raine, holding a crooked staffe, (called in Latine Lituus) in his hand, where he itting in his sooth saying robe, called Laena, & in Greek , à calefaciendo, from heating, be∣cause it was well lined within, being garded in the outside with purple and crimson gards) hauing his head covered, and his face turned toward the east, so that his backe was west-ward, his right side southward, & his left northward. Being thus placed he quartred out with his crooked staffe the heaven into certaine templa .i. Regions, or places, ob∣serving in what region the birds did appeare: Then killing his sacrifice, and offering vp certaine prayers called Effata, he proceeded in manner as followeth. But first suppose we for our better vnderstanding hereof, that now the Augurs were to resolue the people, whether the Gods would as∣sent that Numa Pompilius should be King. The Augur ha∣ving done as aboue is shewne, his Lituus being in his left hand, he reached forth his right hand putting it vpō Numa Pompilius his head, vsing this forme of words, Iupiter pater, si fas sit Numā Pompiliū, cuius ego caput teneo, regem Romae esse, vti nobis signa certa, ac clara sint inter eos fines, quos feci .i. If it be lawful for this Numa Pōpilius, whose head I hold to bee king of Rome, shew some manifest tokens within these regions, or quarters, which I haue described. Then if he observed lucky signes, and tokens, he presently pronoū∣ced Numa Pompilius king of Rome: if he perceived vnlucky tokens, then did he obnunciare, or gaine say, and shew that the matter proposed was not pleasing to the Gods. Where by the way we must note, that nothing was confirmed by the Augurs without the appearance of two lucky tokens one after another; neither was any thing gainesaid by the appearance of one only evill token. The distinctions of the soothsayings haue beene taken, some from the event, and thence are they called prospera, lucky, or adversa, vnlucky. Some from the manner of their appearing,Serv. Aenei. lib. 6. and that was either wished being called therefore impetrativa; or vn∣wished called oblativa. Some from the diversity of things which offered themselues in time of divining, and so there were fiue distinct sorts: The first was by the observing of lightning, and thunder from heaven; the second from the flying, and chatting of birds; the third from bread cast to pullets, or little chicken; the fourth from foure footed beasts, which either should crosse the way, or appeare in some vnaccustomed place; the fift from those casualties, whereby the Gods doe make their anger appeare vnto vs. Of this sort are those voices, which we heare we know not whence; (asVox subitò audita est, ne{que} erat cognoscere promptū Vnde, sed audita est. Ovid. Met. lib. 3. ab. 1. Cadmus heard whē he overcame the serpent) the falling of salt towards vs at the table, the shedding of wine vpon our cloathes. From which casualties, & the like the Augurs would pronounce either good fortune, or bad to ensue: And these tokens were therefore called Dira, be∣cause thereby Dei ira nobis innotescit, the Gods anger is made knowne vnto vs. Now the things that in divining time appeared on the left-hand were commonly tokens of good lucke, because the givers right hand in bestowing a benefit is opposite to the receivers left hand. WhenceServ. Aene. lib. 2. si∣nistrū though in humane affaires signifieth as much as vn∣luckie, yet in those holy rites of divining sinistrum is taken in a cōtrary sense, as Avis sinistra, good lucke, Intonuit lae∣vum, it hath thundred luckily, we shall haue good successe: and it is said a sinendo, because the Gods thereby doe suffer vs to proceede in our purposed proiects. And therefore Tully saith, lib. 1. de divinatione, A sinistrâ cornice ratum, & firmum augurium fieri: and in the law of the 12. tables it is said, Ave sinistrâ populi magister esto.

THis kinde of coniecting is called auspicium coactum, Cic. de di∣vina. lib. 1. quoniam necesse erat offâ cadere frustum ex pulli ore, cùm pascitur, The word Tripudiumn is vsed by a syncopation for terripudium, which is as much as terri∣pavium .i. a dancing or rebounding of any thing vpon the ground: for pauere is the same with ferire.Hubert. in lib. 6. Ep fam. Cic. Others say Tri∣pudium quasi tritio pedum It is here taken for a divining, or coniecting of good or evill to come by the rebounding of crums cast to chickē in a coop or pen: whence the Augur from these pullets or chicken was called Pullarius.Alex. Gen. dier. l. 1. c. 29. The manner in observing was this. As often as by this kinde of conjecting they desired to know the Gods pleasure con∣cerning the enterprizing of any matter, early in the mor∣ning those that were skilfull in this kinde of observation, repaired vnto the place where the chickē were kept, where silence being commanded, and the coop opened they cast crumms of bread to the chicken. Now if the chicken either came slowly, or not at all vnto the bread, or if they walked vp and downe by it not touching it, then was it a token that the matter to be enterprized was displeasing vnto the gods: but if contrarily the chicken did hastily leape out of the coop & eat so greedily of the crums, that some should fall out of their mouthes againe, then the pullarius, that is, the, Augur pronoūced that it was wel pleasing to the Gods, and encouraged the enterprizing of what they had inten∣ded cheerefully: and this was called Tripudium solistimum. This kinde of coniecting may seeme to haue its originall from the Lycians,Alex. ib. who as often as they desired to fore∣know the successe of any enterprise, they went vnto a foū∣taine dedicated to Apollo, into which they cast in baites for the fish: now if the fishes did eate them, it did betide good lucke; if otherwise they neglected the baites, then it did be token some, evill event.

THis kinde of sooth saiers as they were called Aruspices ab aras aspiciendo, from beholding the hoast vpon the altar; so were they called Extispices, ab exta aspiciēdo, from beholding the bowels, or entrals of the beast, called in La∣tine Extra. In this kinde of sooth saying the Aruspex obser∣ved in manner as followeth.Senec Od. Act. 2. seen. 2. first whether the beast to bee sacrificed came vnto the altar willingly, without plucking, and halling; whether he dyed without much struggling, or lowd bellowing; at one blow, or many; whether any vn∣lucky obiect were seene, or heard by thē, whiles they were sacrificing. Againe after the beast was slaine, then would they obserue, whether the bowels were of an vnnatural co∣lor, whether they were not vlcerous, exsiccate, or impostu∣mated: moreover they would divide the bowels into two parts, the one they would call partem familiarem, from whence they would fore-tell what should befall thēselues, & their friends; the other they would call partem hostilem, whēce they gathered predictions touching their enemies. Hence Manto inOedip. Act. 2. scen. 2. Seneca describing the entrals of his kil∣led sacrifice saith, Hostile valido robore insurgit latus, mea∣ning by hostile latus, partem hostilem. Afterward when the sacrifice was, to be burned, they considered, whether the flame of the fire was smoaky, whether the smoake rolled, and tumbled in the aire, whether it were of any continu∣ance or no: for all these were vnfortunate tokens, as the contrary did betoken a good and fortunate issue to their designements. These last which observed the fire & smoak were called by a more peculiar name Capnomantes smoakaugurers, from the greek words , signifying smoake, and .i. vates, or a soothsayer. The first instructions that the Romanes received was from the Hetrusci, who (as they themselues say) received their knowledge from a lit∣tle boy, which they named Tages, the history being thus. Cie. de di∣vinat. Indigenae dixē∣re Tagem, qui primus Hetrus∣cam edocuit gētem, casus ape∣ire futuros. O∣vid Met. l. vlt. When the Hetrtisci were plowing their lands, vpō a sud∣daine vp started this Tages out of one of the furrows vsing diverse speeches vnto the plow-men: but they being much affrighted at this sudden, and strange vision, began with a lowd crie to lift vp their voices; vpon occasion wherof ma∣ny other people flocked thither, where hee gaue many good instructions concerning this kinde of footh saying, which were presently recorded in bookes, and practised afterward by the Hetrusci.

THe mitre or head-ornament which these Priests did weare, was called in old timeRosin. an∣tiq. lib. 3. c. 15 Flama, whence the Priests tooke their name Flamines. TheRex Anius, rex idem homi∣num Phoebi{que} sa cerdos, Virgil. Aeneid. lib. 3. custome amongst the Grecians, as likewise afterwards among the Romanes was, that the kings should as well performe ceremonies, & holy rites of religion, as civill businesse▪ But Numa Pom∣pilius perecauing that forraine warres did often times oc∣casion the kings absence, insomuch that those religious ceremonies which he himselse personally should performe were of necessitie sometimes neglected; herevpō he ordai∣ned out of the Patricij three priests to performe that di∣vine service vnto Iupiter, Mars, and Romulus, which hee himselfe otherwise ought to haue performed, calling the first Flamen Dialis, the other Flamen Martialis, & the last Flamen Quirinalis, from Romulus, which was often called Quirinus. In processe of time twelue others chosen from the commons were added vnto these, but with this note of distinctiō, that the three first were had in greater esteem. & were called Flamines maiores, high priests; the other of lesse note called Flamines minores, inferior priests. The chiefe of al was the Flamē Dialis Iupiters high priest, & wheras eve∣ry one did weare a certain b̄onet in forme of a mitre, which sometimes was called Pileum, sometime by the figure, sy∣necdoche Apex, (wheras Apex doth properly signifie only the top of the bonnet)Alex. Gen. dier. l. 6. c. 12. none might weare Albo-galerum, .i. a white mitre, but only Iupiters priest, and that was to be made of a white sheep skin, after the sheep had been sa∣crificed. Whatsoever malefactor could escape vnto this Priest, he should not be punished that day. None was eli∣gible into this office, but he that was maried: neither was it lawfull for him to mary twice, but if his wise died, Fla∣minio abibat .i. hee resigned his sacerdotall office. To him was permitted a rich robe of state, & a curule-chaire: none might fetch fire out of his house, vnlesse it were to perform some sacrifice therewith.Servius Aen. lib. 1. None might barbe or pole him, but a free-man: and that with a brasen scissers. Many other ceremonies there were which concerned this Flamen, as likewise time added many other Flamines, namelyFenest de sacerd. cap. 5. every God one, yea sometime those threescore parish-priests, which formerly were called Curiones, were called Flamines Curiales; and diverse Emperours after their death had also their Flamines.Alex. Gen. dier. l. 6. c. 12. Moreover we must note that those priests wiues were called Flaminicae; Their ministers (for they were wont, whē they went to sacrifice to take a boy or a maide with thē) Flaminij, or Flamineae: And the Chiefe-flamens. dwelling house was called aedes Flaminea, or Flaminia. But as it seemeth probable Numa Pompilius, and so the other kings succeeding him did still reserue their right & autho∣rity in holy matters so farre, that they would instruct other inferior priests, yea & personally performe some special sa∣crifices thēselues: where vpō after that the kings authority was abrogated amongst thē, thē that these sacrifices might be continued, they chose a certaine Priest, which they pre∣ferred before the Flamen Dialis, but iudged him inferiour to the Pontifex maximus, or Arch-Pontifie, and him they called, Rex sacrificulus, and Rex sacrorum, the King priest. To him once every yeare the Vestall Nunnes repaired,Serv. Aeneid. 10. and vsed this forme of words, Vigilasne Rex? Vigila. King art thou awake? awake. For vnto him it did belong to bid ho∣ly-daies, and to provide al things nccessarie for publike sa∣crifices. He was to instruct those that sought vnto him, the causes of the holy daies, and to tell them what was lawfull or vnlawfull every month, and vpon the fifth of the Ies dof Ianuarie he sacrificed a Ramme to Ianus. He was likewise wont to offer vp a sacrifice in the comitium or great hal of iustice, which being finished, he ranne as fast as hee could out of the market place without delay. His wife was called Rigina sacrorum, the Queene-priestesse, and was wont vp∣on the Kalends of every month to sacrifice a porker or a lambe in her palace in the honour of Iuno.

MArs otherwise called Mavors by the figure Epen∣thesis, we say Induperator for Imperator, was re∣puted the God of warre, & so Metonymics is vsed for warre; as vario Marte pugnatum est, the battell was doubtful; proprio Marte, by ones owne strength, & labor. He was the sonne of Iuno onely without company of her husband: for when Iuno was greatly displeased with her selfe, that Iupiter by striking his head without company of a woman did bring forth the goddesse Minerva, shee by the coūsel of the goddesse Flora touched a certain? flowre in the field of Olenius, by vertue whereof shee immediatly conceaued the God Mars. This God by reason of his do∣minion in warre, the Romans painted fiery, sometimes in his chariot, sometimes on horse-backe, with a iauelin in one hand, and a scourge in the other. In old coines there was sometimes the picture of a cocke ioyned with him, to shew the vigilancy, and carefulnesse that souldiers are to vse. He was calledRosin. an∣tiq. lib. . c. 10▪ Gradivus à gradiendo, from marching in battell against his enimies. He had a temple without the citie, whence he was called Extramuraneus.Rosin. Ibid. Neere vnto this temple without the gate Capena did lie a stone of great note, which vpon great drouths the people would bring into the citie, and presently rayne would follow, wherevp∣on it was called the Raine-stone. Lapis manalis à manando, Numa Pompilius in the honour of Mars surnamed Gradi∣vus ordained 12 dauncing priests called Salij àPlutarch. in Numa. saliendo from dauncing, which number afterward we finde to haue beene doubled by Tullus Hostilius in the warre against Fidena a towne of the Sabines. The former 12 being called Salij Palatini, from the Palatine mount, where they did be∣ginne their mauriske; the others Collini from the hill where their chappell stood;Dion. Hali∣carn. lib. 2. and sometimes Quirinales, & sometimes Agonales: so that the Whole college contained 24 priests.Plutarch. in Numa. The occasion of their first institution was this: vpon a certaine time in the raigne of Numa, the plague or some other contagious sicknesse was very hot among the Romans, insomuch that no sacrifice, or holy offering could remoue it: at that time a certaine brasen target, or scutci∣on called in Latine aenea pelta, or ancile, bigg at both ends, but cut like an halfe moone on each side fell from heauē in∣to Numa his hāds, with a certain voice promising al health vnto Rome so long as that brasē target could be kept safe. Wherevpō Mamurius a cūningwork-man by the appoint∣ment of Numa made eleaven other ancilia so like the first, that neither could be known from the other: (to the iatēt that if any should be so wicked minded as to steale it, hee might faile of his purpose by mistaking one for another.) These twelue Priests had the custody and keeping of them cōmitted to their charge, & in the month of March everie yeere they apparelled themselues with a party coloured coat, called tunica versicolor, girt cloase to their body, with a belt, or sword-girdle, and a breast-plate of harnesse cal∣led aneum tegmen vpon that, & a robe of estate called tra∣bea clasped about them vpmost of all. Vpō their heads they did weare apices .i. capsDion. Hali∣car. lib. 2. much like vnto the Persian bon∣nets called in greek or . They did somwhat resemble our head-peeces in warre made close vnto the head, with a crest of cloath Vpon the top, whence some haue called them galeas. They being thus apparelled daun∣ced about the Forum, or market-place, & the Capitol with short swords by their sides, a iavelin in the right hand, and their ancile in the other; vsing certaine songs either of the Gods, and those they called Ianualij, Iunonij, and Miner∣vij; or of men, and those they called axamenta, because in those songs they did axare .i. nominate and call vpon the names of some well deserving men: as Mamurius which made those eleaven scutchions, was often called vpon in those songs. Vpon these their festivall daies they had ex∣cesse of cheere, whenceHorat. lib. 1 Ode 37. Horace hath vsed saliares dapes, to signifie dainty fare.

THese Foeciales were officers at armes, or Heralds, to denounce war, or proclaime peace, appointed there∣vnto at firstPomp. Lae∣tus de sacerd. by Numa Pompilius.Dion. Hali∣car. lib. 2. The chiefe part of their office was to disswade the Romans from molesting any confederate nation with vniust warre: & if any confe∣derate nation did offer iniury vnto the Romane people, thē did these Foeciales go as Embassadours vnto them perswa∣ding, and exhorting them to yeeld the Romans their right: but if they continued thirty daies obstinate refusing to yeeld vnto that, which should be iust and right, then did they presently denounce warre against them, casting forth a dart in token thereof: which denunciation.wasServ. Aenci. lib. 10. called clarigatio à clarâ voce, quâ vtebatur Foecialis. Others are of opinion that whensoever warre was denounced, this Herald at armes shouldVid. Erasm. adag. turne loose a ramme vnto their ene∣mies borders; signifying thereby that their fields shoulde shortly become pasture for the Romanes: from which custome wee say of one that challengeth another into the field, Arietē emisit. Againe if the Imperator, or Lord-gene∣ral had done ought against his oath, these Foeciales by their sacrifice did avert the wrath of the Gods from him. The chiefest of them was called Pater-patratus, a perfect father: for he only could be Pater-patratus, which had both chil∣dren of his owne, and his father also aliue. They were cal∣led Foeciales à foedere faciendo, from making a league or peace betweene nations. This league which we in Latin do cal foedus, the Romanes in old timePighius Septim. lib. 1. did cal Fidus, as En∣nins and Pighius witnesse: whence these Foeciales were tear∣med also Fidei Flamines.

THis priesthood had his first institution from Tarqui∣nius Superbus, whose office was as well to expound, as to keepe the oracles of those ten prophetesses so famous through out the world, called Sibyllae. Concerning whōMunster in sua cosmog. lib. 2. Munster hath these words: In times past there came a strange woman to Tarquinius the king offering 9. books full of the Sibylline oracles to be fold: But Tarquinius thin∣king the bookes to deere, refused to buy them. The womā departing burned three of these bookes, and came the se∣cond time vnto Tarquinius, demaunding as much for those sixe bookes, as formerly shee had done for the 9. Tarquini∣us then began to deride her, whereat the woman departed, and burned three more, returning againe vnto Tarquinius, and asking as much for the three left, as shee asked at first for all nine. Then began Tarquinius more seriously to be∣thinke himselfe thereof, and sent for his Augurs asking counsell and advise of them. And they vnderstoode by cer∣taine signes observed, that the king had refused some spe∣ciall goodnesse sent from the Gods: and for the books that remained they advised that the woman shoulde haue what shee asked: As soone as the womā had delivered her books shee presently vanished, and was never seene againe, onlie warning them to keepe the bookes as safe as possibly they could. For the safe keeping of these, Tarquinius chose two of the noble men, or patricij, calling them Duumviri, ap∣pointing them as wel by study to expound, as with care to keepe those oracles. In processe of time the people obtai∣ned, that tenne should be appointed to this office,Fenestel. de sacerd. c. 13. fiue of them being chosen out of the commons, & fiue out of the nobles: and then were they called the Decem-viri. After∣ward by L. Sylla, as it is thought fiue more were added, so that they were then called the Quindecim-viri: nay the number was encreased by Sylla vnto forty,Serv. Aenei. lib. 6. as Servius thinketh, but stil called by the name of Quindecim-viri. Of these women that had the spirit of prophecie ten were ve∣ry famous: the first was called Persica, the second Libyca, the third Delphica, the fourth Cumaea, the fifth Erythraea, the sixt Samia, the seaventh Cumana, the eighth Hellespon∣tia, the ninth Phrygia, the tenth Tiburtina. They a prophe∣cied of the incarnation of Christ. The place where these bookes were kept was within the Capitol vnder ground in a chest of stone, where they remained safe vntill the bur∣ning of the Capitoll, at which time they also were burned. Notwithstāding many of the prophecies haue bin known, partly by tradition, and partly being takē out of other co∣pies in other countries. One of the prophecies concerning our Saviour Christ was vttered by Sibylla Delphica in man∣ner as followeth:Munster. in sua Cosmog. lib. 2. Nascetur propheta abs{que} matris coitu ex vtero eius, that is, There shalbe a prophet borne without any copulation of the mother, even out of her wombe. It was spoken at Delphos. All their prophecies, were of that certainety, that when we would averre any thing to be vn∣doubtedly true,Credite me vo∣bis folium reci∣tare Sibyllae. we vse to say it is Sibyllae folium, as true as Sibyllaes oracles. The Cumaea Sibylla did write her oracles at the mouth, or entraunce of her caue in leaues of trees, which the fiercenesse of the winde did often times so scat∣ter, that they could hardly be brought in order againe: in∣somuch that when we would shew the great difficulty of bringing things it order, we may vseEpist. lib. 1. epist. 1. Politian his words, Laboriosius est, quàm Sibylla folia colligere, it is easier to ga∣ther together Sibyllaes leaues. This name Sibylla is not a proper nam, but an appellatiue common to all women endowed with the spirit of prophecie, taking their deno∣mination frōServ. Aeni. lib. 6. which is in the Aeolick dialect the same that .i. God, and .i. counsell, because they did o∣pen and declare the counsell & determination of God vn∣to the people. It appertained also ynto these Quindecim∣viri aboue-mentioned to see, that sacrifice and divine ser∣vice, that supplications, and processions, expiations, and all ceremoniall rites were duly performed.

THis Goddesse, which is so famous by the name of Bona dea, is the globe of the earth, which is there∣fore earmed Bona dea, the good goddesse, because we reape so many good things from the earth. She is cal∣led also Ops the helping goddesse ab ope, from helpe, be∣cause by her helpe we liue. Shee is called Fatua, and Fauna .i. the goddesse of speech, because young children doe ne∣ver speake vntill they are able to goe, and so haue touched the earth. The Grecians called her , the fe∣mal goddesse, because that no male might bee admitted to her sacrifices; ay the very pictures of men were at that time to be covered. The inner roome, where her sacrifices were, was called , the place for womens assem∣blies. Cic. orat. de Arusp. respō∣sis. Those that were chiefe in these sacrifices were the Vestall Nunnes. This good goddesse was supposed to bee the wife of Faunus, and vpon a time to haue beene taken drunke with wine by him, for which fault Faunus is said to haue beaten her to death with roddes of mirtle tree. But afterward being sory for that he had done, in amends hee made her a goddesse: and as it were ever after detesting the mirtle-tree, he allowing all other hearbs, and flowers to be vsed in these sacrifices, for bad the mirtle-tree. Some say she was so chast, that shee never was seene by any man but her husband, and in respect of his chastitie the mirtle-tree is forbid, because it was consecrated to Ʋenus. But where∣as in this sacrifice they vsed wine, they called it not by the name of wine, but milke or hony:Alex. Gen. dier. l. 6. c. 8. whence they called the vessell wherein the wine was put, amphoram mellariam .i. the hony vessell. This sacrifice became very famous by rea∣sō of Clodius, who being in loue with Pompeia, Iulius Cae∣sars wife came vnto these sacrifices in womans apparell, & was found out by Aurelia, Iulius Caesars mother. This Clodius became so infamous for this, and other his adulte∣rous prancks, that hee occasioned a common proverbe a∣mongst the Romans, Clodius accusat moechos, answerable to which our English saying is, One theefe accuseth another.

THis goddesse Cybele, or rather Cybelle was in her infan∣cie exposed vnto wilde beasts vpon the hill Cybellus, where shee being nourished by the wilde beasts afterward became a woman of admirable beauty, & being found by a shepheards wife was brought vp by her as her own child, and called Cybelle from the hill Cybellus. Shee excelled in all naturall gifts, and was the first that vsed a taber, & pipe, and cymbals among the greekes. Moreover shee tenderly loved children, and therefore was called magna maer: shee was also called mater deorum, the mother of the Gods:

Ipsa deûm fertur genetrix Berecynthia. Virg.

Shee was called Rhea à , to flow, because shee doth flow and abound with all kinde of goodnesse. Shee was also na∣med Pessinuntia frō the city Pessinus a Mart-towne in Phry∣gia, where shee had a temple. Moreover shee was called Berecynthia from the hill Berecynthus in Phrygia, where shee was worshipped. Her priests were calledPomp. Lae∣us de sacerd. Galli, and their chiefe governour Archi-gallus: they took their name from a certaine river in Phrygia called Gallus: of which whosoever dranke, he became so mad, that he would pre∣sently geld himselfe: (as in truth all her Priests were inioy∣ned to geld themselues with a fish shell.) The originall of which custome is rendred thus: Cybelle loved a young man of Phrygia called Atys: and him she appointed hiefe overseer for her sacrifice vpon condition that hee would keepe himselfe chast perpetually: But he not long after deflowred a nymphe, for which fact Cybelle beret him of his wits and vnderstanding, so that hee in his mad∣nesse did geld himselfe, and would haue killed himselfe al∣so, Cybelêius A∣tys Exuit hac hominem trun∣co{que} induruit illo. Ov. Me. had not the Gods in their commiseration towardes him turned him into a pine-tree. In remembrance of him, ever after her Priests were gelded. Every yeare the Praetors did sacrifice vnto this goddesse. But the performance of the holy and religious tites at that time did belong vnto a Phrygian man, and Phrygian woman chosen for that pur∣pose: which according to the manner of their country be∣ing apparelled with a party coloured garment called in Latine Synthesis, or amictus variegatus, and carying the picture of their goddesse about with them in the streetes, they stroke their breasts with their handes, keeping tune with the tabers, pipes, and cymbals, which other people following plaied vpon: and they were called Corybantes from one Corybantus, which was one of her first attēdants. And herevpon we call the cymbals aera corybantia. In this manner dancing about the streets they begged mony of the people whom they met: and hence were they named Cybelle her collectors, or her circulatores .i. iuglers. Some calleth them , from which in this place sig¦nifieth Cybelle, called the great mother, and a beg∣ger or gathere of almes.Rosin. an∣tiq. li. 3. c. 27. Others haue called them Mi∣triaci: But by what name soever they were called the place was so infamous by reason of their drunkennesse, and vn∣civilitie vsed at these times, that when they would point out a notorious naughtie fellow, they would call him cr∣culatorem Cybelleium. Cybelle her iuggler. Neither was it lawfull for any free borne to vndertake that office.

THis word Pontifex is commonly translated a Bishop or Prelate, being called Pontifices in Latine, as also Pō∣tifies in English from one part of their office, which was to haue the oversight of a great woodden bridge called in Latine Pont sublicius, being so great, that carts and waines might passe over it; having no arches to vphold it, but only great piles, and posts of wood:Plutarch. in Numa. and that which is most re∣markable in it, was that it was oined together only, with wooden pinnes, without any iron at all. Others are of opi∣nion that they were tearmed Pontifices quasi potifices from potis, and facio, of which opinion Lucane seemeth to bee, according to that, Pontifices sacri quibus est commissa pote∣stas. Concerning theFenest de sacerd. number of them only foure were appointed by Numa, all which then were to bee chosē out of the Patricii: afterward foure more were added out of the commons. These were called Pontifices maiores, or chiefe Pontifies, to distinguish them from seaven other, which afterward Sylla added, andRosin. an∣tiq. lib. 3. c. 22. called them Pontifices minores, inferiour Pontifies. The whole company of them was called the college of Pontifies. This college is pri∣viledged from all allegiance, being not bound to render an account of their doings either to the Senate, or Com∣monaltie. They were to determine all questions concer∣ning religion, as well betweene their priests, as betweene private men. They had authoritie to punish any inferiour Priest, if he either detracted or added vnto those religious rites, which were prescribed him. They had their great Pō∣tifie, whom they called Pontificem maximum. These Pon∣tifies were wont to exceed in their diet, insomuch that when the Romanes would shew the greatnesse of a feast, they would say it was Pontificia coena, .i. according to our english phrase a feast for an Abbot. Coena adijcialis is taken for the same.

THe Pontifies in old time appointed three men, whom theyLazius de Repub. Rom. lib. 3. cap. called Triumvios Epulonum (from Epulū a feast) to haue the oversight of the feasts made at sacrifices; after∣ward by reason of two twice added, they were called first Quinqueviri, and at length Septemviri Epulonum.

ANother sort of religious men there were which li∣ved in the subvrbs of the city & practised sooth say∣ing; They were called TitijPanciroll lib rerum de∣perdi arum cap. de mole Hadriani. from the name of the birds which they observed, which in latine were called Titiae.

NEre vnto Castors temple stood the religious house, or Nūnery dedicated to the goddesse Vesta: where at the first were fowre, after 6. Virgins, or votaries elected, whose office was chiefly to keepe the sacred fire: the extinction whereof proved ominous, and did portende some evill event shortly to happen: And therefore for their negligence herein, as for all other small faults, they being had into a darke corner, stripped naked; and a curtaine drawne halfe way over them, the chiefe Pontifie scour∣ged them: neither was it lawful to kindle the fire once put out, with any other fire, but from the sun beams; for which purpose they had certaine instruments namedPlutarch. in Numa. which were formed in the māner of a pyramis, but hollow; so that the beames being collected within the circumfe∣rence, & meeting in the vertex did easily kindle any com∣bustible matter put vnto it; but chiefly if the matter was of blacke colour: because, as philosophy teacheth, a darke co∣lour doth cōgregate, or collect the beames, wheras white∣nesse doth disperse them. A second part of their office was to worke reconciliation betweene parties offended, as ap∣peareth bySuet in Iu∣lio. Suetonius: where wee may read that by their intercession Sylla was reconciled to Caesar. They were cho∣sen into this place betweene the sixth, and the eleaventh yeare of their age: and they, were to remaine in this Nun∣nery 30. yeares space, 10. yeares to learne their ceremonies and mysteries, 10. yeares to exercise them, & 10. yeares to instruct others: within which space if they had suffered their bodies to be defiled, they were to vndergo that feare full punishmentVid. sp. p. 11. afore mentioned. But these 30. yeares be∣ing expired, marriage was lawfull for them, so that they laid aside their scepters, their fillets, and other their sacer∣dotall ornaments. Notwithstanding those which did mar∣ry in the end dyed fearefull deaths: wherevpon they chose rather to abstaine commonly. The Romanes had them in great honor, so that they never walked abroad, but with an yron scepter in their hands, and whatsoever malefactor met thē (if the Nun would take her oath it was by chāce) he escaped punishment. They were named Vestals frō their goddesse Vesta, which word (asMunst. in sua coog. lib. 2. c▪ 9. Munster writeth) is deri∣ved from the Hebrew radix signifying fire. The eldest was called Maxima Vestalis virgo .i. the Lady prioresse, or chiefe governesse.

WHatsoever was burnt or offered vp vnto the Gods vpon an altar it had the name of a sacrifice: and sometimes it was called victima, quod vincta ad aras stabat, because the beast to bee sacrificed stood bound vnto the altar. Sometimes Hostia, from an obsolete verbe Hostio, which is to strike: because certaine vnder officers called in Latine Popae (standing by the altars, all their vpper part na∣ked, and a lawrell garland vpon their head) did Hostiare victimam .i. strike downe and kill the sacrifice. Others are of opinion, that this name Hostia is taken from hostis, an enimy: according to that of Ovid. Hostibus à domitis hostia nomen habet: because either before warre to procure the Gods favour, or after warre in token of thankfulnesse, they did hostiam ferire .i. offer vp the sacrifice. The second diffe∣rence of sacrifices haue beene occasioned in respect of the time, and so they haue beene called Praecidaneae, or succida∣neae, quasi praecedaneae & succedaneae. Those sacrifices which were offered vp the day before any solemne sacrifice, were called Praecidaneae hostiae, fore-sacrifices, as wee eng∣lish praecursorem, a forerunner: which fore-sacrifices if by any token they found vnlucky, then would they offer vp a second sacrifice which they tearmed hostiam succidaneam: And because these second sacrifices were to be offered on∣ly in steed of the other, when they were vnlucky or faulty; hence hath Plautus vsed this speech Meum tergum stulti∣tiae tuae subdes succidaneū? Must I be whipped for thy fault? The manner of sacrificing was as followeth. Some certaine daies before any sacrifice was to be performed, the priest was wont to wash his whole body,Vid. Eras. Adag. especially his hands & feet, which if he had not washed, the sacrifice was accoun∣ted polluted: and alluding vnto this custome we say a man doth Acoedere ad rem illotis manibus, or illotis pedibus, as often as he enterpriseth any businesse without due reve∣rence or preparation therevnto.

Moreover the priest was to abstaine from his mariage bed, as likewise from diverse kinds of meats, and at the time of his going to sacrifices, either himselfe, or some inferiour Sxton going before him, with a rod or wand in his hand (called commentaculum)Plutarch. Numa. vsed this forme of words vnto the people: Hoc age, attend this you are about: which cu∣stome seemeth to haue had its originall from the Grecians. For before the time of sacrifice the Grecian Priest vsed al∣most the like speech vnto his people. As .i. who is here? the people answered .i. many men, and good. After this preparation, then did the Priest laying his hand vpō the altar, rehearse certaine praiersServ. Aee. lib. 1. vnto the God Ianus and the Goddesse Vesta: because the Romanes were perswaded, that without their intercession they might not haue accesse vnto the other Gods. His prayers being ended then did hee layPncirol li. reum deper dt. c de sale Ammoniaco. vpon the beasts head a little corne toge∣ther with a cake made of meale and salt, called in Latine Mola.Textor in sua officina. Sparg col∣la taurorum molâ Sen Oe∣dip. Act. 2. c. 2 Mola erat far tostum, sale aspersum. From this cere∣monie the act of sacrificing hath been tearmed Immolatio. After this the soothsayer dranke wine out of an earthen or wooddē chalice called in Latine Simpulum or simpuuium: It was in fashion much like our eywers, whence we powre water into the bason. This chalice afterward was caried a∣bout to all the people that they also might libare .i. lightly tast thereofPancitol. li. erum deper dit cap de Ammoniaco ale. which rite hath been called Libatio. Now eve∣ry one hauing tasted thereof, the rest of the wine with fran∣kincense mixt in it was to be powred vpon the beasts head, Media inter cornua undit. Virg. Aeneid. betweene the hornes, one crying out with a lowd voice, Macta est hostia .i. Magis aucta, more encreased & made more pleasing vnto the Gods; as Virgil saith, Macte novâ virtute puer .i. O good child which encreasest in vertue. And hence even from this tearme, wee may cōiect, that the word Macto, which signifyeth to kill, & sometimes to sa∣crifice, hath had its originall, because they did immediatly after that voice, mactare hostiam, that is, slay the sa∣crifice, and that was done in thisRosin. an∣tiq. lib. 3. c. 33. manner. First the Priest did pluck off some of the bests haires between the hornes, & cast them into the fire, calling them his prima libamina .i. his first offrings: Then did he turning his face toward the East, draw a long crooked knife vpon the beasts back, cō∣manding his vnder officers, which I called Popae (others Cultrarij, from their knife; Victimarij, from the hoast; and Agones, because they standing ready to giue the stroak, of∣ten vsed this word Agon'? for Agóne .i. must I to my work?) to kill the beast. The other people standing by, some did with vessels saue the bloud, others did flea or skinne the beast; others washed it. Anone some soothsayer or Priest did obserue the intrals, turning and winding them with a knife which was called Secespita, à secando: for hee might not touch them with his hand, they conceting that if the sacrifice had proved polluted, his hand would then haue perished. Now after the soothsayer or priest had sufficient∣ly turned the intrals, and found no ll token therein, then did those Popae, or Church-butchers, cut off from every bo∣well some portion, which after they had rolled in barly meale, they sent it in baskets to the priest, and the priest ta∣king it vp into a broad charger or platter called discus, or lanx, laid it vpon the altar and burne it, &Ioach. Ca∣merar. pro Flacco. this was pro∣perly tearmed litare, or Reddere .i. to satisfie by sacrifice, or to pay the sacrifice, which was owen vnto the Gods. After that the portion laid out for the Gods, had beene burnt, then did al the people repaire vnto a common feast; where, as they were eating, they sung hymnes, and songs in the praise of their Gods, and playing on cymbals, they danced about the altars; intimating therby, that there was no part of their body, but should bee imployed in the service of their Gods. Now vntill all their ceremonies and mysteries were finished, it was not lawful for any to taste of this feast: insomuch that we since haue vsed to checke a glutton, or greedy-gut, which can not abstaine from his meat til grace be said, in this manner, Sacra haud immolata deuorat.

IT followeth that now we should descende vnto those several appendices vnto religion; namely the Romane yeare, their plaies, their māner of feasting, their several kinds of gar∣ments, their Nuptials and Funerals. This word Annus is so called quasi Annulus, be∣cause (as the Greeke word signifieth) .i. in se convertitur annus: which was the reason why the Egyptians in their mysticall cyphers (called literae hierogly∣phicae) did vse the picture of a serpent, having his taile in his mouth to signifie an yeare. The time or space of this yeare hath beene diverse, according to the diversity of nations. Plutarch. in Numa. Some allowed no more daies to an yeare, then we doe to a month; and thence they called it annum lunarem.Plutarch. ib Some allowed fowre monthes, some sixe monthes, some ten: And thus Romulus measured his yeare, counting that a sufficient time for an yeare, which was sufficiēt for a womās travel in childbirth: or for an womā to mourne for the death of her husband.

Thus Romulus his yeare contained of monthes ten; of daies three hundred and fowre: but after this, Numa,Vid. Geor. Merulam in orat. pro Q. Ligario. or as some saie, Tarquinius Priscus perceiving that the monthes did not alwaies fall out alike every yeare; but sometimes the same month would happen in the sommer, sometimes in the winter, therevpon after long study and many instructi∣ons from the Grecians finding the reason of this confused∣nesse, he added vnto Romulus his yeare fifty daies, so that the whole yeare afterward was divided into twelue mo∣neths; because the moone had finished her course 12. times in that space; Beginning their yeare then at Ianuary: be∣cause then in his iudgemnt was the fittest time to beginne the yeare, when the sunne being farthest from vs did begin to turne his course, and to come vnto vs againe; which is a∣bout Ianuarie, the sun being about the Tropicke of Capri∣corne. Afterward vpon a superstitious conceite of the odde number, Numa added one day more vnto Ianuary, so that wheras at the first Numa his yeare did agree with the Gre∣cian yeare, both of them containing three hundred fifty fowre daies; Now the Romane yeare contained three hun∣dred fifty fiue daies, which computation falling out too short for the true yeare by the space of ten daies, and sixe howres yearly, it occasioned every eighth yeare the inter∣position of three whole months, which they called their leape yeare:G Merula in orat. pro Q. Ligario. This confusednes afterward Iulius Caesar by long study remedied, adding the odde ten dayes vnto Nu∣ma Pompilius his yeare. And least the odd six houres might at last breed disorder in their computation, hee appointed that every fourth yeare a whole day should bee inserted, next after the three and twentieth of Februarie; which in∣serting they called Intercalatio from an old verbe Interca∣lo, and that day they called Intercalarem. Now the day fol∣lowing being the foure and twentieth of Februarie, was alwaies the sixt of the Kalends of March,G. Merula in orat. pro Q Ligar. and therefore because of the interposition of that day, they called the leap-yeare Annum bissextilem .i. the yeare wherein there falled out two dayes which they called Sext. Calend. Mar∣tij. And the day thus interposed, was called dies bissextus. This computation which Iulius Caesar found out wee haue embraced, and do at this day follow, calling our yeare An∣num Iulianum,Rosin. Ant Rom. lib. 4. and Annum magnum, having relation to the monthly yeare called Annus Lunaris; and sometimes this great yeare is called, Annus vertens à vertēdo, because it is alwaies turning, and running on.Hubert lib. 3 epist. famil. 18. Moreover we must remēber that the Romans did begin their yeare at March; whence that month which since hath beene called Iulius in the honour of Iulius Caesar was by them called Quinti∣lis, because it was the 5 month: and that month which since hath beene called Augustus, in the remembrance of Au∣gustus Caesar was by them called Sextilis, because it was their sixt month. Thus then the great yeare being divided into twelue months, every month was divided into three parts .i. Calendas, Nonas, and Idus. For the better, vnder∣standing of which, I shall insert three common verses.

That is the first day of every month is called the Kalends of that month. The 2. 3. 4. 5. 6. and 7 of these foure months, May, October, Iuly, and March, were called the Nones of that month: but in all the other months the Nones contai∣ned but the 2. 3. 4. and 5 day, so that the fifth day (for ex∣ample sake) of Ianuarie was called Nonae Ianuariae, or Ia∣nuarij, the fourth Pridie Nonarum, or Nonas Ian. (For they vsed alwaies to say Pridie Cal. Pridie Nonar. and Pridie I∣duum, in steed of secundo Cal. Non. Id.) The third day of Ia∣nuarie, they called tertium Nonarum, vel Nonas Ianuar. the second day of Ianuarie they called quartum Nonarum, vel Nonas Ianuar. After the Nones followed the Ides, which contained eight dayes in every month, so that the 15 day of the foure aforesaid months, were called Idus Maij, Idus Octob. Iaus Iulij, and Idus Martij. In all the o∣ther months, the 13^th day was the Ides: as to proceed in Ianuarie, the thirteenth day was called Idus Ianuar. the twelfth Pridie Iduum, vel Idus Ianuar. The eleventh tertio Iduum, or Idus Ian. the tenth quarto Iduum, vel Idus Ian. the ninth 5^o Id. Ian. the eighth 6^o Id. Ian. the seaventh 7^o Id. Ian. the sixt 8^o Id. Ian. After the Ides then followed the Kalends of the next month. As the fourteenth of Ianuarie was decimo nono Calendarum, or Calendas Februar.; the fif∣teenth decimo octavo Calend. Feb. the sixteenth decimo sep∣timo Cal. Feb. &c. Where we must note that as often as we vse Pridie, tertio, quarto, or any of those numerals with an accusatiue case, as Pridie Calendas, &c. the Grammarians say that this praeposition Ante is eclipsed. It followeth now that I should treate of the daies, which are the lesser parts of the yeare: where before we proceed wee will con∣sider the parts which the Romanes divided their day into.

The day and night againe were each of them divided into primam, secundam, tertiam, & quartam vigiliā, every watch containing three houres. The first of the night began at six of the clocke in the evening, and the fourth ended at six of the clocke in the morning.Alex. Gen. lib. 1. cap. 12. These watches were distin∣guished by severall notes and sounds of cornets or trum∣pets, that by the distinction and diversity thereof, it might easily be knowne what watch was sounded. Moreover we must vnderstand that the Romanes, vpon a superstitious cō∣ceit, and observation of misfortunes and evill events fal∣ling out on some daies, and more happy successe vpon o∣thers, haue called the former sort of daies Atros dies, & the latter sort Albos dies,Vid. Erasm Adag. vnione signare. borrowing the names from the Scy∣thians, who vsed to chalke out the fortunate daies in their Kalenders with white characters, whence Horace saith, Cressâ non careat pulchra dies notâ. Other-some, as their vnfortunate and vnlucky daies, were noted with a coale or blacke character, according to that, Nigro carbone notatus. Againe their Kalender distinguished some daies for Holy∣daies, which they called Dies festos, festivall daies, or dies Feriatos, & Ferias, Holy-daies,Ascensius in epist. 3. illust. vir. lib. 2. because they did vpon such daies Ferire victimas .i. offer vp sacrifices. Others were di∣stinguished for working daies, which they called Profestas quasi procul à festis. The third distinction was of halfe-ho∣ly-daies, which ab intercidendo, they called Dies intercisos as it were dayes cut asunder: the one part of them being allotted for worldly businesses, the other for holy and re∣ligious exercises.Rosin. an∣tiq. lib. 4. c. 3. These feriae were either privatae, and so they belōged somtime to whole families, as Familiae Clau∣diae, Aemiliae; Iuliae, &c. sometimes to private persons, as every one his birth day, particular expiations, &c. or else they were Publicae, such as the whole commonwealth did obserue: and they were of two sorts, the one called Anni∣versaria, which were alwaies to be kept on a certaine day, Alex. Gen. dier. lib. 5. c. 7. and therevpon they were called feriae statiuae; the other conceptiuae which were arbitrarie, and solemnised vpō such daies as the magistrates and priests thought most expedi∣ent, whereof the Latinae Feriae were chiefe: which Latinae Feriae were kept on moūt Albane to Iupiter Latiar, for the preservation of all the Latine people in league & confede∣racy with the Romanes, and were solemnised in memorie of the truce between those two nations. Those feriae which were calledAlex. Gen. dier. lib. 5. c. 7. Imperatiuae &Serv. Aenei. lib. 1. Indictiuae, because the Con∣sul, Praetor, or chiefe Pontifie, according to their pleasure imperabant, & indicebaut has .i. commanded them, may in my opinion be contained vnder that member of Feriae con∣ceptivae, in respect of the vncertaintie of them. Another di∣stinction of daies is found in the Roman Kalender, to haue beene in Fastos, whole court or leet-daies; Ex parte Fastos, Halfe court dayes; Nefastos, Non-leet daies: though this word Nefastus be often expounded vnlucky, as in that of Carminun. lib 2. Ode. 13▪ Horace touching the tree, Ille & nefasto te posuit die .i. He plāted thee in an vnhappy time. These daies were so called à fando, frō speaking; because vpon those daies which were Fasti, the Praetor, or L. chiefe Iustice might lawfully keepe court and administer iustice, which was not done without the speaking of these three words, Do, Dico, and Addico; Ioach. Ca∣merar. pro Flacco. Dabat actionē; dicebat ius; Addicebat tā res, quā homines. Where by the way wee must note, that sometimes these court daies were also called dies comitiales, because that Bersman. in suis annot. in Rom Calend ad finem O Fast. vpon every such day as the comitia .i. the publike assem∣blies were held, it was lawfull to keepe court: whence not only comitialis dies doth signifie a law day, but comitialis homo also doth signifie a wrangler in the law, or a litigious person.

THis word Ludus hath diverse acceptions, sometimes it is takē for a iest or scoffe, as vt me ludos facit? How he scoffeth me? Sometimes for a place of exercise where any feate is learned, as ludus literarius, a schoole for learning; ludus gladiatorius a fence-schoole; and Aperire ludùm, to set vp a schoole. Sometimes for any game, pa∣stime, or sport publiquely exhibited, either that thereby the Gods might bee appeased, or the applause and fa∣vour of the people gained. These games from the diversity of the place where they were had, may be divided into lu∣dos compitales, circenses, & scenicos. Compitales were such asAlex. Gen. dier. lib. 6. c. 19. vsually were solēnzied in compitis. .i. in the crosse-waies and open streetes. Circenses were circque-shewes, taking their appellatiō either frō the great circque, or shewplace, called Circus Max: where the games were exhibited; or from the swords wherewith the players were invironed, as one would say Circaenses. They much resembled those Grecian games, called certamina Olympica, where the rū∣ners with chariots were hemmed in on the one side with the running river, and on the other with swords pitched point-wise, that they should hold on the race directly, and not swarue aside without danger.Rosin. Ant lib. 5. cap. 5. Some haue thought thē to be the same with ludi Gymnici, so called from , na∣ked; because that those which did performe these kinde of exercises did either put off all, or the greatest part of their clothes, to the intent that they might the more readily and nimbly performe their games; for which purpose they did also annoint their bodies with oile:Vid. Erasm. adag. operam & oleum pe∣dere. Whence we say when a man hath lost his cost, and labour, Operam & oleum per∣didit; oleum in this place signifying cost & charges: so that the proverb was the same with that ofMacrob. lib Satur. the cobles crow, opera & impensaperijt. The games and Masteries vsed in the circque were diverse; namely fifty-cuffes, fencing with swords, shaking the speare, dauncing in plaine ground, lea∣ping, iumping, casting the dart, wrestling, running the race with chariots, which was called certamen bigarum vel qua∣drigarum; playing at whorle-bats, which was tearmed bel∣are coestu; casting or hurling the great stone called discus; though sometimes this discus was made of yron or brasse: The players thereat were called from and , to dart or cast out any thing. The third sort of plaies were ludi Scenici, stage-plaies. The reason of this name sce∣na may be seeneVid. pag. 14. before.Lazius de Repub. Rom. lib. 10. cap. 11. The first institution of them was occasioned by reasō of a great sicknes, which by no medi∣cinary help could be removed; The Romanes superstitious∣ly conceiting, that some new games or sports being found out the wrath of the Gods woulde thereby bee vnarmed. Alex. Gen. dier. l. 6. c. 19. Wherevpon about the fowre hundreth yeare after the building of Rome they sent for certaine stage-players out of Hetruria, which they called Histriones frō the Hetruriā word Hister, which signified such a player. Concerning the diverse kindes of stage-plaies I read of fowre, called by the Grecians, Mimicae, Satyrae, Tragoediae, Comoediae: by the Romanes Planipedes, Attellanae, Praetextatae, Tabernariae. In English, Fables Mimicall, Satyricall, Tragicall, Comicall. These Mimicall players did much resemble the clowne in many of our English stage-plaies, who sometimes would go a tip-toe in derision of the mincing dames; sometimes would speak ful-mouthed to mocke the country-clownes; sometimes vpon the top of their tongue to scoffe the citi∣zen. And thus, by their imitation of all ridiculous gestures or speeches, in al kinde of vocations, they provoked laugh∣ter; whence both the plaies and plaiers were named Mimi, from an Imitator, or one that doth apelike counter∣fet others: as likewise they were called Planipedes, because the Actors did enter vpon the stage planis pedibus .i.Alex. ib Ex∣calceati barefooted. The second sort of plaies were called Satyrae,Antesignan in suis obser. de metris co∣micis. Teren. praefixis. frō the lascivious and wanton country-Gods cal∣led Satyri, because the Actors in these Satyricall playes, did vse many obscene poems, and vnchast gestures to delight their spectators. Afterwarde these kinde of actors as wee may coniect, did assume such liberty vnto themselues, that they did freely and without controlement, sharpely taxe & censure the vices even of kings, as wel as of the commons, insomuch that now wee call every witty poeme, wherein the liues and manners of men are sharpely taxed, A satyre, or satyricall poeme.Vid Erasm. adag. . Satyra mordax fuit & salsum genus carminis. These satyricall plaies were also called Attellanae, from the city Attella in Campania, where they were often acted. The third sort of stage-plaies, were called Tragoediae, from a goat, and an ode or song; because the a∣ctors thereof had a goat given them as a reward. And like∣wise they were called Praetextatae, frō Praetexta, a certaine Romane robe, which these actors did vse to weare in their plaies. The fourth sort were comoediae, frō , which sig∣nifieth villages, and : because these kinde of actors did go vp and downe the country acting these Comedies in the villages as they passed along. They were likewise called Tabernariae à tabulis .i. from the boards or pentices where∣with they were sheltred frō the weather, whiles they were acting. These two last sorts of plaies, namely Tragedies & Comedies being still in vse amongst vs, it will be worth our labour to consider the communities, wherin they agree; & likewise the proprieties or notes of distinction by which they differ. I finde three sorts of parts, wherein they agree, namely partes primariae, accessoriae, circūstantes; parts prin∣cipal, accessory, and circumstances, which are not so truely parts, as accidental ornamēts added to beautifie the plaies. The principal parts are 4. in respect of the matter treated of. For as farre as the declaration or exposition of the mat∣ter in hand reacheth, without intimation of the event to ensue, so farre reacheth the first part called , which word signifieth no more then a proposition or declarati∣on. But when the play inclineth to its heate & trouble, thē ensueth the second part called , which signifieth the intension or exaggeration of matters. The third part is called .i. the state and full vigour of the play. The last part which is an vnexpected change into a suddaine tranquillity and quietnesse is called : whence by a metaphor it hath beene translated to signifie the end, or period of any other thing; or rather the inclination vnto the end, as vitae, humanae catastrophe, the end of a mans life. In respect of the players forsaking the stage, the parts were fiue; namely the fiue Acts. For the Actors did fiue times in every Comedie and Tragedie forsake the stage, and make as it weare so many interruptions. The occasion whereof is supposed to haue been this, That the spectators might not be wearied out with a continued discourse or action, but that they might sometimes be delighted with variety in∣termixed. For those breaches and chasmes betweene each act, were made vp and supplyed, either by the Chorus, or Musicke. Where we must note, that every Tragedy and Co∣medie must haue fiue Actus, and no more, according to that of Horace. Neuè minor quinto, neù sit productior actu Fabula.— Againe we must remember that it is not necessary that the should alwaies be cōtained in the first Act, though many times it happeneth so: for in Plautus his bragging souldier the Protasis is found in the second Act: and so like∣wise haue the other three parts .i. Epitasis, Catastasis & Ca∣tastrophe their bounds vnbounded. These Acts are divided into severall scenes, which sometimes fal out more, some∣times fewer in every Act. The definition of a scene being Vid. Erasm. Adag. Mutatio personarum: Whence we call a subtile Gnatho, which can humor himselfe for all persons and times omniū scenarum hominem, A man fit for all parts. Now amongst the Romanes it was thought vnfit, that aboue three persons should come on the stage in one scene. Nec quarta loqui persona laboret. Hor. The partes accessoriae in a Comedy are foure, Argumentum, Prologus, Chorus, & Mimus. The first is the matter or sub∣iect of the Comedy: the second is the Prologue, which is either , such as doth open the state of the fable, at which time there needeth no argument; or else , such as cōmendeth the fable, or the Poet vnto the people; or lastly , such as shall refute the obiections and cavils of adversaries. The third is Chorus, which speaketh betweene each Act; and this Chorus may consist either of one, or many speakers, & that either male or female:Rosin. ant. cap. de trag. & com. lib. 5. but with this caution, that if a male be to be commended, then must the Chorus consist of males; if a female be to be com∣mended, then must it consist of females. And alwaies what∣soever the Chorus speaketh, it must be pertinent vnto the Act past, or covertly intimating somewhat ensuing.

The fourth and last accessory part, was Mimus the clowne or foole of the play. Of all these parts tragedy hath onely a Chorus. The partes circumstantes, or accidentall orna∣ments were foure, common to both, Titulus, Cantus, Salta∣tio, Apparatus .i. the title of the play, Musicke, Dauncing, and the beautifying of the scene. By the Scene in this place, I vnderstand the partition betweene the players ve∣stry, and the stage or scaffold. This partition at the acting of a Tragedy was vnderpropped with stately columnes & pillars, and beautified with paintings resembling princely buildings, and the images as well of Gods as Kings. At the acting of a Comedy country-cottages and private buil∣dings were painted in the out face of the partition. In the Satyricall plaies the painting was overcast with shadowes of mountaines and woods: TheAlex. Gen. dier. l. 5. c. 16. first of these partitions they called Scenam Tragicam, the second Comicam, the third Satyricam. The differences betweene a Tragedy & a Comedy which may be collected out ofAntesig. in suis observ. de metris co∣micis Teren. praefixis. Antesignanus are these: first in respect of the matter, because a Tragedy trea∣teth of exilements, murders, matters of griefe, &c. a Come∣dy of loue toyes, merry fictions, and petty matters, the one being ; the other . In a Tragedy the greatest part of the Actors are Kings and Noble per∣sons; in a Comedy private persons of meaner state and cō∣dition. The subiect of a Comedy is often feigned, but of a Tragedy it is commonly true, and once really performed. The beginning of a tragedy is calme and quiet, the ende fearefull and turbulent; but in a comedy contrarily the be∣ginning is turbulent, and the end calme. Another differēce which Antesignanus hath omitted is behouefull for vs to knowe, namely that the Tragedians did weare vpon the stage a certaine shooe comming halfe way vp the legge in manner of buskins, which kind of shooe was called by thē Cothurnus, and from that custome it hath beene occasio∣ned, that Cothurnus is translated to signifie a Tragicall and loftie stile; as Sophocleo digna Cothurno, matters beseeming Sophocles his stile: & sometimes a tragedy it selfe. The Co∣mediās did vse an high shooe cōming vp aboue the ankle, much like a kind of shooes which plough-mē vse to weare to keepe themselues out of the durt. This kinde of shooe is called Soccus, by which word sometimes also is signified a Comedy, as Hunc socci cepere pedem, grandes{que} Cothurni. Horat. Antesig. ib. All these sorts of stage plaies both Mimicall, Satyricall, Tragicall, and Comicall, if they were acted according to the Grecian rite and custome, then were they called Palliatae, from pallium, a certaine mantle which the Grecians did vse to weare: if according to the Romane manner, then were they called from the Romane gowne Togatae. Another divi∣sion of playes hath beene taken not from the place where they were exhibited, but from the final cause or reasō why. Some were celebrated in the honour of the Gods, & they were named Ludi sacri; others for the performāce of some vow, being called therefore Ludi votiui; others for the more solemne celebration of funerals, whence they were called Ludi funebres: lastly others for sport and exercise called therefore Ludi ludicri. Vnto those sacred or holy playes belonged these; ludi Megalenses, otherwise called Megalesia, which were sports solemnized in the honour of Cybele; Cereales, sports in the honour of Ceres; Florales, in the honour of the goddesse Flora; Martiales in the ho∣nour of Mars; Apollinares in the honour of Apollo, &c. The votiui ludi were also performed in the honour of some God, but they were distinguished from ludi sacri, because these votivi were performed only vpon occasion of some speciall vow made: for whensoever the Romans did vnder∣take any desperate warre, then did some Roman magistrate Vovere ludos vel templa, conditionally, that they got the conquest.Ascensius epist. viror. illust. lib. 5. Whiles the magistrate vttered this his vow, he was said Vota nuncupare or facere vota .i. to make a so∣lemne vow vnto the Gods; The vow being thus made, hee was said to be votireus. .i. conditionally bound & obliged to the performance of this vow, so that the Gods might challenge the thing vowed as due debt, if they granted his request. But the request being granted, then was hee said damnatus voti, vel voto .i. simply bound to the performance of it; so that by a consequence Damnari voti vel voto, is to haue ones desire accomplished. The third sort of plaies, which wee called ludos funebres, was fencing and playing of prizes, the custome among the Romanes being, that at the funerals of their friends, they would procure certaine slaues and captiues to ioyne combate vpon the Amphithe∣atre, vntil one of them had beene killed; whence those fen∣cers were called Bustuarij, from bustum, the place where dead mens bodies were burned. They first began their fight with certaine cudgels, or yardes called Rudes & after ward went to naked weapons (& that was termed dimica∣re & versis armis pugnare, this word versis signifying muta∣tis according toSaturn. ser∣mon. l. 2. c. 19. Lipsius) whereat they fought till one was killed; neither was the other so acquitted, but he stood lia∣ble to vndertake another, & so a third, vntil he had foyled six or seaven combatants: and if his hap were to prevaile so often, then did he receaue a garland or coronet of palme tree, wound about with certaine woollen ribbands called Lemnisci.Fr. Sylvius in orat. pro Sex. Roscio. The coronet it selfe was called therefore palma lemniscata: and hence figuratiuely hath palma beene tran∣slated to signifie the victory it selfe; andFr. Sylv. ib. such a mā as hath often gotten the prize, we say proverbially, that he is Plu∣rimarum palmarum homo. The reason why the palme tree rather then any other tree should bee given in token of victory is rendred byArist. prob. 7. Plut. symp. 8 q 4. A. Gell. lib. 3. cap. 6. divers good authors to bee this; because the palme tree, though you put never so ponde∣rous and heavy weight vpon it, yet it will not yeeld, but rather indeavour the more vpward. After hee had foiled six or seaven, hee receaved one of those staues or cudgels also, wherewith they began their combat, in token of libertie; signifying thereby, that hee should hence for-ward lead his life free frō shedding of blood. Alluding vnto which custome this wordEras. Adag. Rudem accip. Rudis hath beene vsed to signifie any other kind of freedome, or discharge, wherevpon Horace said of himselfe, that he was Rude donatus .i. set at libertie, and discharged from his paines in poetry. The last sort of plaies called Ludi ludicri, were either military to traine vp young men in the knowledg of the art military, and those were called ludi castrenses: or else they were only for exer∣cise, namely rūning the race, iusting, or turnamēts, which were called sometimes Troianus ludus, sometimesSuet in Iu∣lio. Caes. c. 39. Troia without any other word added therevnto,Rosin. Ant. lib. 5. cap. 29. because As∣canius Aeneas his sonne first brought them out of Troy in∣to Italy.

BEfore we proceed vnto the description of the Romane tables, and manner of their feasting, we will explaine those fiue tearmes Ientaculum, Prandium, Merenda, Coena, & Comessatio: which fiue words doe signifie the fiue several feedings each day, which childrē, old men, servāts, travellers & such like did vsually obserue. Ientaculum sig∣nified their break-fast, and it had its name like as our Eng∣lish word hath a Ieiunio from fasting. In former times it was calledRosin. An∣tiq. l. 5. cap. 27▪ Silatum from Sile, with the root whereof they were wont to season that wine, which they had at breake∣fast. For (asPlutarch. in symp. l. 8. q 6. Plutarch saith) their breakfast was nothing but a sop dipped in wine. In the same place hee likewise saith, that in old time they had no dinner, but that which we call prandium, was the same with them as ientaculum; & thus much the Greek word signifying a dinner doth intimate. For it is so said quasi from , which Plutarch interpreteth the morning. And therefore, when through Epicurisme this dinner time called prandium crept in as a distinct meale, it was called from , which signifieth in continent, or one which cannot tē∣perate himselfe.Plutarch. in symp. l. 8. q. 6. The name prandium is said quasi signifying noone-tide. The third time of taking meat, was called Merenda, because it was takē post meridiem; we may english it our afternoones boever; it was called also Ante∣coenium, because it was taken a little before supper.Iust. Lips▪ ep cent. 1. ep 65. Me∣renda est cibus qui declinante die sumitur, quasi post meridiem edendus, & proximè coenae; vnde & Antecoenium à quibusā dicitur. The fourth time was their supper called coena, quasi , which signifieth as much as common.Plutarch. in symp. ib. Quia antiqui∣tùs seorsim solebant prandere Romani, coenare cum amicis. Their fift & last time of feeding, was called in latin comis∣satio by some, by mostLaevinus Torrent. in Suet. Vitell. vid. Rosin. an∣tiq. l. 5. c. 27. comessatio à comedendo.In orat. pro M. Coelio. Ioannes Tistinus saith that it is a boever takē after supper, or a night drinking. But the chiefe feast whereatLazius de Repub. Rom. lib. 3 cap. 3. they gaue enter∣tainement being their supper, we will consider these three things therin. First Accumbendi vel discumbēdi rationem .i. the manner of their lying at supper (for they sate not at ta∣ble as we do.) Secondly, the forme & fashiō of their table; and lastly the parts of their supper. The place where they supped was commonly called coenaculum à coena, as our di∣ning-chamber is so called from our dinner. It was also cal∣led Tricliniū or Biclinium from a bed: for sometimes there were three beds, sometimes but two about the table, vpon which the guests did sit, or rather ly along. In this di∣ning parlour was placed a table, sometimes made quite round; and for the common sort of people it was made of ordinary wood, standing vpon three feet; but for men of better fashion, it was made of better timber, inlaid some∣times with wood of divers colours, sometimes with silver, and it stood vpon one whole entire foote made of yvory in the forme of a great Lyon or Leopard, &c. sometimes this table was made in the forme of an halfe moone, the one part of it being cut in with an arch or semicircle, and then it was called Sigma, because it did much resemble the let∣ter Sigma,Iust. Lips. cent. 1. ep. 65. which (as it appeareth by certaine marble mo∣numents) was in old time made like a Romane C. If any mā should demand the reason why they cut their table in that forme, I must confesse that I haue not read any reason in a∣ny autor: but my coniecture is this. It is agreed vpon by all autors, that in the round tables the one quarter was reser∣ved void frō guests, that the waiters might haue a cōveni∣ent roomth to attend. Therevpon it seemeth not vnproba∣ble to me, that this crooked arch was made for the wai∣ters. I acknowledge that this Sigma hath beene translated diversly by diverse writers, as it appeareth byIust. Lip. ib. Lipsius. By some it hath beene taken for the parlour or supping cham∣ber; (Lipsius in his Antiquities) by others for the supper, or feast it selfe; so Coelius thought. By Lipsius since it hath bin thought a certaine place erected in manner of an hemicy∣cle, or halfe-moone, against which they did place their beds: but Brodaeus & Ditmarus (in my opiniō) haue more truely taken it for the table it selfe. About the table that was perfectly round were placed three beds, covered with tapestry or some other kinde of covering, according to the wealth and ability of the person: and thus strato discumbi∣tur ostro, the beds being ready furnished the guests lay downe on them in manner as followeth. Each bed con∣tained three persons, sometimes fowre, seldome or never more, except at their great feasts. Many times it fell out, that each guest had his bed to himselfe, whenceA. Gel. Attic lib. 13. A. Gellius saith, that the nūber of guests shoulde begin with the Gra∣ces, and end with the Muses .i. they must not be fewer then three, nor more then nine. This also hath beene the reason of that Adage.Alex. Gen. dier. l. 5. c. 21. Septem convivium, novem convitium faci∣unt. If one onely lay vpon the bed, then he rested the vpper part of his body on his left elbow, the lower part lying at length vpon the bed: but if many lay vpō one bed, then the vppermost did lie at the beds head, laying his feet behinde the second his backe: the second rested his head in the o∣thers bosome, having a cushion put betweene, laying his feete behinde the thirde his back; in like maner the third & fourth did lie. They divided their supper into three partes; which they called their first, second, and third messe. In the first messe commonly was served mulberries, lettices, sau∣sages, and alwaies egges; as likewise in the last messe were served, nuts, figs, grapes, but alwaies apples:Pancirol. li reum deper∣dit cap. de cibi capiendi modo. whence wee say proverbially ab ovo ad mala, from the beginning of the feast to the end, or simply from the beginning of any thing vnto the end thereof. The middle messe was the maine sup∣per, and the chiefe dish thereof was called caput coenae.

WE may obserue in reading old autors, that as well the Romanes as the Grecians had diverse distinct habits, or outward vestimēts. The Gre∣cians had their Mantile called Pallium; the Romanes their gowne called Toga, and by this different kinde of garment the one was so certainly distinguished from the other, that this word Togatus was often vsed to signifie a Romane, and Palliatus a Grecian.Sigon. de iudic. lib. 3. cap. 19. Togati pro Romanis dicti, vt Palliati pro Graecis. Before we proceede, we will first obserue what this Toga was, & then how many sorts there were.Mic. Toxita in orat. Phi∣lippic. 2^am. Toga à tegendo dicta est. It was made commonly of wooll but ac∣cording to the worth and dignity of the person, somtimes of courser, sometimes of finer wooll. As we may collect by that of Horace, —Mihi sit toga, quae defendere frigus Quamvis crassa queat— Mic. Toxita ib. We must note with Toxita, that no women of any credit did weare the Romane gowne, but insteede thereof did vse a garment called stola from signifying demitto, quòd vs{que} ad talos demitteretur: whence old Poets, when they would point out vnto vs an infamous or lewde strumpet, they would tearme herRosin. ant. Rom. Mulierem togatam.Sig. de iud. lib. 3. cap. 19. This toga sometimes was worne open and vntuckt; then was it called Toga aperta: other times it was tuckt vp, & then it was cal∣led toga praecincta. This cincture or girding vp of the gown was according toSig. ibid. Sigonius threefold; Cinctura laxior, A∣strictior, and Cinctus Gabinus. Cinctura laxior or the loose kinde of girding was such, that notwithstanding the tuck, yet the taile trailed vpon the ground. Cinctura astri∣ctior the close kinde of girding was such, that after the gowne had beene lapped or tucked vp, it should not reach so farre as the feet. The first kinde of these cinctures did ar∣gue a remisse soft and effeminate minde; the latter did sig∣nifie the promptnesse or readinesse of the person;Sig. ibid. Vnde, Altè praecincti pro expeditis dicti sunt. Thirdly, Cinctus Ga∣binus was a warlike kind of girding, not so that the whole gown should be tucked vp about the midle, but that it be∣ing cast quite backward, the party should gird himselfe with one skirt thereof.Serv. Aenci. lib. 7. This kind of girding was so called from a certaine citie of Campania called Gabij, because vp∣on a time the inhabitants of this citie being at sacrifice, were set vpon by their enimies; at which time they casting their gownes behind them and girding one lappet or skirt about them, went immediatly to warre, even from the altars, and got the conquest.Alex. Gen. dier. l. 1. c. 14. In memory of which ever af∣ter, the Consul when hee would proclaime warre girded himselfe in like manner. Neither had the Consul alone a pe∣culiar garment when he proclaimed warre, but every soul∣dier in time of warre did weare a different kind of garment from the gown, which they called Sagum: we may english it a souldiers coat. Whence Tully vseth this phrase ad saga ire, which Erasmus hath paralleld with this, Ad certamen se accingere, to buckle for warre. Insomuch that Cedant sa∣ga togae, is aequiualent to that of the Orators, Cedant arma togae. Touching the difference of the Romane gownes I finde them distinguished bySig de iud. lib. 3. cap. 19. Sigonius accordingly as fol∣loweth; in Togam Puram, Candidam, Pullam, Praetextam, Paludamentum, Pictam, Trabeam. Togapura was the com∣mon ordinary gown worne by private men at mans estate, not by women at al, nor children, vntil the sixteenth yeare of their age, at which time they were said Excedere ex e∣phebis .i. to be past striplings. Notwithstanding the six∣teenth yeare was not alwaies strictly without exception observed;Rosin. an∣tiq. lib. 5. c. 32▪ for M. Aurelius was permitted to weare this gowne being but fifteene yeares old; and Caligula did not weare, it till the nineteenth yeare of his age. This kinde of gowne besides that it was called Pura, it was also some∣times called virilis, sometimes libera. It was called pura in respect of its pure white colour, being free from all admix∣tures of purple or any other colour, & therefore some haue tearmed it , al white, others , void of pur∣ple. It was called virilis, because it was given to striplings now growing to mans estate. Whence wee vse to say of a stripling past 16 yeares of his age, virilem togam sumpsit, he is now become a man. Lastly, it was called libera,Rosin. an∣tiq. Rom. lib. 5. c. 32. be∣cause then they did receaue some beginning of freedome, as being about that time freed from their school-masters, and overseers.Aldus Ma∣nutius. vid. Rosin. ib. This kinde of gowne was not made open but sowed downe to the bottome, and also it was made without sleeues, so that if at any time they had occasion to vse their armes, they would take vp their gowne and cast it quite behind them, or vpon their shoulders. But these strip∣lings could not for one whole yeares space, cast back their gownes in that manner for the liberty of their armes with∣out the imputation of immodesty, as it appeareth byCic. in orat. pro Caelio. Ci∣cero, Nobis annus erat vnus ad cohibendum brachium togâ constitutus. The like liberty it seemeth was denied those that stood for places of office;Sig de iud. lib. 3. cap. 19. & thence is it, that Horace wisheth such to hire them a servant —Laeuum Qui fodiat latus, & cogat trans pondera dextram Porrigere— In which place by pondera is vnderstood the Romane gowne, asSigon. ib. Sigonius hath expounded that place. Now for the vnderstanding of Toga candida, we are to learne a dif∣ference betweene this candida toga, & the toga pura aboue spoken of, which is often times called toga alba, both of which were white, but differed in the degree of white∣nesse. The toga alba had only the naturall whitenes of the wool; the toga candida had an artificiall white die: where∣by the glasse of the white was made more orient and intēsiue. Or else asSigon. ib. Sigonius hath obserued out of Isidorus, In∣tendendae albedinis causâ cretam addiderant .i. they chalked it to encrease the whitenesse thereof. Whence Polibius cal∣leth it togam , that is, shining or splendent. Moreo∣ver whereas the alba toga was the ordinary Roman gowne which commonly the Romane citizens did weare; this can∣dida toga was only worne by those, which did ambire ma∣gistratum, sue for a magistracy or place of office who du∣ring the time of their sute were called from their gowne candidati: and Quintilian borrowing his metaphor from them, hath called an young student eloquentiae candidatum. The third sort of gowne which I tearmed togam pullam, was a blacke gowne, and thereof was two severall kinds; the one cole-blacke, which was worne luctus causa, in to∣ken of mourning, and the mourners were thence called A∣trati and as often as they did weare this gowne, they were sid Mutare vestem,Sig. de iud. lib. 3. cap. 19. which phrase in old autors doth sig∣nify nothing else, but to goe in mourning apparell: The o∣ther not cole-blacke, but only fouled or stained, and that was worne reatus causa, in times of arraignement, & those that wore it were called sordidati, à sordibus in veste, from the spots or staines in the gowne. Where wee must note, that in processe of time Togapulla became the ordinarie gowne which the common people did weare; at which time the ordinary gown, which the citizēs of better place and esteeme did weare, was the toga candida: wherevpon there did then grow a distinction of the citizens vnknown to the former age, saith Rofinus, namely that some were tearmed candidati, others pullati. Candidati were those, not which became suiters for places of office (as in old time it signified) but those which did liue in better repute then o∣thers, from whence it is, thatFenestella de mag. Rom. cap 3. hee whose office was to read the Emperours letters in the Senate was called Candidatus principis▪ or Quaestor candidatus. It did somewhat resemble the office of our King his Maiesties chiefe Secretary. Pulla∣ti were those of the commonalty or inferiour sort. The fourth sort of gowne was the togapraetexta, so called, quia eipurpura praetexta erat, because it was garded about with purple silke. This kinde of gowne at the first was vsed only by the Romane priests, and chiefe magistrates: Neither was it lawfull for such as did weare that gown to be arraigned, or sentence to be giuen on them vntill that gowne was put off. In continuance of time this togapraetexta was permit∣ted first to Noble mens children; afterward to all Romane children in generall: where vponPet. Pellita∣rius in orat. pro A. Caein Togatus à praetextato differt, vt privatus à magistratu & vir à puero, and aetas prae∣textata, is taken for childhood; and praetextati sometimes for magistrates, but commonly for young children. The fifth sort of gowne was called Paludamentum; It was a military garment, whichAlex. Gen. dier. l. 5. c. 18. none but the L. Generall or the chiefe captaines did vse to weare.Sig. de iud. lib. 3. c. 29. Isidorus saith it was not only garded with purple, but with skarlet, and gold lace, whence it was sometimes calledSigon. ib. togapurpurea, somtimes coccinea. It was much like the habit which the Grecian Em¦perour was wont to weare called Chlamis; yea now it is Rosin. an∣tiq. li. 5. c. 31. called Chlamis; wee may english it an Heralds coate of Armes. The sixt sort of gowne was called togapicta,Sig. de iud lib. 3. c. 19. be∣cause in it were embroadered goodly pictures with needle worke: it was also called Purpurea, not because of any pur∣ple gard (in which respect the praetexta, and the paludamē∣tum were called purpureae) but because it was all over with a purple die. It was by some tearmed toga palmata, because in it many palme branches being the reward and token of victory were wrought; whence by others it was called to∣ga triumphalis, because Emperours in their triumphes did weare such gownes. The last sort of gowne was Trabea, whereof there wereServ Aenei. lib 7. three severall kinds; the one woven all of purple, which was consecrated vnto the Gods; the second was purple woven vpon white, and this only kings & Consuls might weare; the third was skarlet woven vp∣on purple, and this the Augures only did weare.Alex. Gen. dier. li. 5. c. 18. This last sort was therefore called trabea auguralis, the second tra∣bea regia, the first trabea consecrata.

THose coats which were worne vnder the gown were called Tunicae; and that they were worne vnder the gowne it appeareth by that Adage, Tunica pallio proprior est .i. every one for himselfe first; or according to our eng∣lish proverbe, Close sitteth my shirt, but closer sitteth my skinne.Sig. de iud. lib. 3. cap. 20. This tunica was both narrower and shorter then the gowne: at first it was made without sleeues, afterward with sleeues, and by it, as well as by the gowne were the citizens distinguished. The first sort of coats was made of white cloath commonly,Salmuth in Pancirol. lib. rerum deper∣dit. cap. de fi∣bula. but purfled over and embroa∣dred with studs of purple in manner of broad nayle heads; whence it was called Laticlavia, or Latus clavus; and the persons wearing this coat were Senators called thence La ticlavij. The second sort belonged vnto the Roman knights and it differed in making from the first, only that the pur∣ple studs or embroadred workes of this, were not so broad as the former: whence the coat was called Angusticlavia, or Angustus clavus, and the persons wearing it were called Angusticlavij. The third sort belonged vnto the populacy and poorer sort of Romanes, it was made without any purfled workes, being called Tunica recta. This coate was given togither with the Virile gowne to strip∣lings past sixteene yeares olde, and to new maried wo∣men. And as the recta tunica was given with the virile gowne; so was the tunica clauatae given togither with the toga praetexta: and the laticlavia, otherwise called tunica palmata, given with the toga picta. The fourth and last sort belonged vnto women, being a long coate reaching down vnto the heels; they called it stolam. Vpon it they did weare an outward garmentRo Ant lib. 5. . 35 called palliū, and sometimes palla, quia palàm gestabatur. lib. 3. cap. 19. Sigonius saith, that this palla was a certaine gowne vsed by stage-players: howsoever certaine it is, that not onely women, but men also and children did weare this kinde of garment. Besides the Romane gowne & coat there remaine other parts of their apparrell to be spo∣ken of: such are these which follow, Lacerna, which some do english a cloake, butSigon. ibid. Festus would haue it to be a little kinde of hood, which men should weare to defende them∣selues from the raine and weather; It was made that either side might be worne outward; & at first it was worne only in warre, so that lacernati stood in opposition with togati. Sigon. ibid. Isidorus Togatos pro vrbanis, lacernatos pro militibus vsur∣patos scribit. Afterward as we may coniect, it was made lō∣ger in maner of a cloake, for it was diverse times worne vp∣on their coates insteed of gownes. Another kinde of gar∣ment was the Penula, so called quasi pendula, we may tran∣slate it a long hanging cloake. A third was called Mitra, which sometimes did signifie a certaine attire for womens heads, as a coyfe or such like; though this kinde of attire was more properly called Calantica: other times it signifi∣ed a girdle, which more properly was called zona; This zo∣na chiefly signified a souldiers belt, or a marriage girdle: The souldiers belt was lined within in the inside, where when they went to warre, they did put their mony▪ whence Horace saith of a man that hath lost his mony, zonam per∣didit. Young maides when they were marryed were wont to haue a marriage girdle tyed about their middle, which their husbande at the first night of their marriage shoulde vntie: whence zonam soluere hath beene translated to de∣flowre a Virgine: this marriage girdle in former times was called Cestus, from whence commeth the latin word ince∣stus, and the english word Incest: which in truth signifieth all kinde of pollution committed by vndoing or vntying this girdle called cestus: but now in a more strict acception it signifieth onely that kinde of naughtinesse, which is cō∣mitted betweene two of neere kin:Caelius in orat pro Mi∣lone. and that other follie which is committed with a strangers wife, is now properly called adulterium; & that which is cōmitted with a maide or widdow stuprum. The last thing touching their apparell is their shooes.Rosin. an∣tiq Rom. lib. 5. c. 36. Calceamentorum genera duo fuerunt, alce∣us, & solea: For the soale of the shoe called in latin solea, sometimes crepidula, and in Cicero his time gallica, was ty∣ed on to the bottome of the foote with leather straps or buckles, and so worne insteede of shoes: the diverse kindes of these shooes did distinguish the Romane people also. To omit the difference in colours, we may reduce the chiefe kindes to fiue heads, Mullei, Vncinati, Perones, Cothurni, Socci. All these sort of shooes were made halfe way vp the legge, as the Turkish shooes are according to Iosephus Scaliger: and they were either laced close to the legge, as many of our bootes are now adaies; or clasped with taches or haspes. The first sort called MulleiSalmuth. in Pancirol. lib. rerum. deper∣dit. cap. de fi∣bula. from the fish mullus, being like vnto it in colour, were also called from their claspes calceiAppositam nigrae lunam subtexit alutae. Iuvenal. lunati, because the claspes were made in forme of an halfe moone, which halfe mooned claspe re∣sembling a Romane C, signified an hundred;Salmuth. in Pancirol. lib. rerum deper∣dit. cap. fi∣bula. intimating thereby, that the number of the Senators (they onely being permitted to weare this kinde of shooe) were at first a full hundred and no more. Vncinati calcei, were those, which the souldiers were wont to weare. Perones (as we may cō∣iecture) were laced vp the legge; for Tertullian making but two sort of shooes, saith there were the Mullei called frō their claspes lunati, & the perones made without such halfe mooned claspes, called also calcei puri, quoniam ex puro co∣rio facti; and these perones or puros calceos all the other Ro∣manes did weareSalmuth in Pancirol. lib. rerum deper∣dit. c. de fibu∣la. with this note of distinction, that the magistrates shooes were beset with precious stones, pri∣vate mens were not. Thus much cōcerning both the kinds & fashiō of the shooes may bee collected out of Rosinus in the place aboue quoted. The description & vse of the Co∣thurnus & Soccus may be seene in the tractVid. pag. 37. de Romanis lu∣dis.

BEfore we come vnto the solemne ceremonies vsed by the Romanes in their mariages, we will first shew the manner of their contracts,Salmuth in Panciroll. lib. rerum de∣perdiarum c. de nuptis. which were called by the Romanes, Sponsalia à spondendo; because in their contracts each did promise other to liue as man and wife. Now the manner of contracting was commonly thus: They did for the greater security write downe the forme of the cōtract vpon tables of record, as it appeareth by Iuvenal. Satyr. 16.

These tables were also sealed with the signets of certaine witnesses there present, who were tearmed from the act of their sealing Signatores. Moreover before they would be∣gin the ceremonies of their contract, the mā procured one soothsayer, and the woman another, with whom first they would consult. Whence Iuvenal.

—Veniet cum signatoribus auspex. The token or signe which these soothsaiers in time of observing accounted most fortunate was a crow:Alex. Gen. lib. 2. Ea enim cornicum societas est, vt ex duabus socijs alterâ extinctâ vidua altera perpetuò ma∣neat. The man also gaue in token of good will a ring vnto the woman, which shee was to weare vpon the next finger to the little of the left hand;Aul. Gell. because vnto that finger a∣lone a certaine artery proceedeth from the hart. The word nuptiae which signifieth mariage had its derivation a Nubo Rosin. an∣tiq. lib. 5. c. 37 which verbe in old time signified to cover: the custome being that the woman should be brought vnto her husbād with a vaile (called Flammeus) cast over her face. Againe because of the good successe that Romulus and his follow∣ers had in the violent taking away of the Sabine women, Sig. de iur. Rom. l. 1. c. 9. they continued a custome that the man should come and take away his wife, by a seeming violence from the lap or bosome of her mother or her next kinne. Shee being thus taken away her husband did dissever and divide the haire of her head with the top of a speare, wherewith some fen∣cer formerly had beene killed. This speare was called by them hasta celebaris,Salmuth in Pancirol. lib. rerum deper∣dit. cap. de nuptiis. and the ceremony did betoken, that nothing should disioine them but such a speare or such like violence. We must note thatFr. Silv. in orat. pro L. Flacco. three manner of waies a wo∣man became a mans lawfull wife vsu, cōfarreatione, coemp∣tione. A woman became a mans lawfull wife vsu .i. by pre∣scriptiō or long possessiō, if that she were wedded with the consent of her overseers, and so did liue with the man as with her lawfull husband a whole yeares space, nullo inter∣rupto vsu .i.Sig. de iure Rom. l. 1. c. 9. shee beeing not absent three nightes in the whole yeare from him. And some haue thought that the counterfeited violence in taking away the maide from her friends was vsed onely in this kinde of mariage. A woman became a mans wife confarreatione .i. by certaine solemni∣ties vsed before a Pontifie or chiefe-bishop, when the wo∣man was given vnto the man vsing a set forme of words, ten witnesses being present and a solemne sacrifice beeing offred, at which the maryed couple should eat of the same barly cake, which formerly had beene vsed in sacrifice. Which sacrifice was tearmed from farre confarreatio, and the mariage it selfe Farracia, andCic. orat. pro Muraena. sometimes sacra sim∣ply; the dissolution of this kinde of mariage Diffarrea∣tio. A woman became a mans wife coemptione .i. by buying and selling, when the woman did vnder a feigned forme of sale buy her husbād, by giving him a piece of coine.Sig. de jure Rom lib. 1 c. 9. Vete∣ri Romanorum lege, nubentes mulieres tres ad virum asses ferre solebant: at{que} vnum quidem quem in manu tenebant, tā∣quam emendi causa marito dare.Cic. orat. pro Muraena. Itē. Fr. Sil. ib. In which kind of mariage the man was not named by his proper name, nor the womā by hers, but the man was named Caius, and the womā Caia in the memory of the chast and happy mariage of Caa Ca∣cilia wife to Tarquinius Priscus: from whence sprang a cu∣stome among them, that the new maried bride when shee was brought home vnto her husbands house, was to vse this proverbe, Ʋbi tu Caius, ibi ego Caia; by which wordes shee signifyed that shee was now owner of her husbands goods as well as himselfe: and therefore Erasmus hath ex∣pounded that saying by these words, Vt tu dominus, ita e∣go domina. If any of these ceremonies were omitted,Hieron. Fe∣rarius in Phi∣lippic. corat. then was the mariage tearmed Nuptiae innuptae, in which sense we call our enimies giftes no giftes, . These ceremonies being ended, towards night the woman was brought home to her husbands house with fiue tor∣ches, signifying thereby the need which married persons haue of fiue Gods or Goddesses .i. Iupiter, Iuno, Venus, Sua∣dela, and Diana, who often times is called Lucina (the rea∣son being rendred by Ovid: —Dedit haec tibi nomina lucus, Aut quia principium tu dea lucis habes.) The matter whereof these torches were made, was a cer∣taine tree, from which a pitchy liquor did issue: it was cal∣led Teda, and thence haue the Poets figuratiuely called both the torches, and the wedding it selfe Tedas. When the woman had beene thus brought to the dore, then did shee annoint the posts of the dore with oyle,Serv. Aenei. lib. 4. from which cere∣mony the wife was called vxor quasi vxor. This ceremo∣ny of annointing being ended, the bridemen did lift her o∣ver the threshold and so caryed her in by a seeming force, because in modesty shee would seeme not to goe without violēce into that place where she should loose her maiden head: At her carying in al the company did cry out with a lowd voice Talassio, Talassio: for which customePlutarch. vita Pompeii Plutarch allegeth many reasons; this being one. Among those who ravished the daughters of the Sabines, there were founde some of the meaner and poorer sort carying away one of the fairest women: which being knowne certaine of the chiefe citizens would haue taken her from them, but they began to cry out that they caried her to Talassius, a man well beloued among the Romanes; at which naming of Talassius they suffered her to be caried away, themselues accompanying hir, and often crying Talassio, Talassio. Frō whence it hath beene continued as a custome among the Romanes ever after at their mariages to sing Talassio, Talas∣sio: as the Greeks did Hymen, Hymenaee. From this custome of leading or bringing home the new maried bride, com∣meth that comicall phrase Ducere vxorem, to mary a wife. Shee being thus brought home, receaued the keyes of her husbands house, whereby was intimated that the custody of al things in the house was then cōmitted vnto her.Alex. Gen. dier. l. 2. c. 5. The mariage bed was called Genialis lectus, as we may suppose quasi Genitalis. The next day after the mariage the bride∣woman receaued gifts from her friends, which the lawyers termed Nuptialia dona.Vid. Fr. Silv pro Clientio. But Cicero expoundeth these dona nuptialia, to bee certaine tokens which the husband sent vnto his wife before the betrothing. If after the mariage a∣ny discontent had fallen out betweene the man & his wife Sig. de iure Rom. l. 1. c. 9. then did they both repaire vnto a certaine chappell built in the honour of a certaine Goddesse called Dea viriplaca à viris placandis, whence after they had beene a whiles there, they returned friends. We hauing thus seen the rites and ceremonies which the Romanes vsed in their contracts and mariages, it would not bee impertinent to annexe the manner of their divorcements, which vpō iust causes were permitted. ThereRosin. An∣tiq. l. 5. cap. 38. were two manner of divorcements, the one between parties only contracted; the second between parties maried. The first was properly called Repudium, in which the party suing for the divorcement, vsed this forme of words cōditione tuâ nō vtar. The second was called Di∣vortium, wherein the partie suing for it vsed these wordes, Res tuas tibi habeto: vel Res tuas tibi agito. Both these kinds were tearmed Matrimonij renuntiationes, a renouncing or refusall of mariage. Where wee must note that insteed of this verb renunciare, divers good autors do vse this phrase Mittere, or Remittere nuncium: As C. Caesar Pompeiae nun∣cium remisit, C. Caesar hath divorce Pompeia. And alluding herevnto,Ep. fam. l. 5. Cicero saith virtuti nuncium remisit .i. Hee hath cast off all goodnesse, hee hath even divorced vertue. Se∣condly we must note that this verbe Renuncio, doth not on¦ly signifie to renounce or to refuse, but many times in Tully it signifieth to declare or pronounce a magistrate elected, as Renunciare consulem, praetorem, &c.

THE Romanes in ancient time when they perceaued a body dying, had such a custome, that the next of the kinne should receaue the last gaspe of breath from the sicke body into his mouth, as it were by way of kissing him: (to shew therby how loath & vnwilling they were to be deprived of their friēds) & likewise should close the eies of the party being deceased. Whence Anna said vnto her sister Dido now dying —Virg Aen. 4. Extremus si quis super halitus errat Ore legam— And Penelope wishing that her sonne Telemachus might out liue herselfe and his father, writeth to her husband in this manner Ille meos oculos comprimat, ille tuos. After the body had thus deceased, they kept it seven daies vnburied, washing the corps every day with hote water, & sometimes annointing it with oyle, hoping that if the bo∣dy were only in a slumber and not quite dead, it might by these hot causes be revived.

In these seaven daies space, all the dead mans friendes met together now and then making a great out cry or shout with their voices, hoping that if the dead body had beene onely in a swoune or sleepe, he might thereby be awaked. This action was tearmed conclamatio, whence when wee haue done the best we can in a matter, and cannot effect it, we say proverbially conclamatum est: for this third concla∣mation or generall outcry (which was alway vpon the sea∣venth day after the decease) was even the last refuge, at which if the body did not reviue, then was it caryed to bu∣rial being invested with such a gowne as the parties place or office formerly had required. Those who had the dres∣sing, chesting or embaulming of the dead corps were cal∣led Pollinctores: After they had thus embaulmed the corps, they placed it in a bedde fast by the gate of the dead mans house, with his face and heeles outward toward the street, according to that of Persius. —Tandem{que} beatulus alto Compositus lecto, crassis{que} lutatus amomis In portam rigidos calces extendit— This ceremony was properly called corporis collocatio: and fast by this bedde neere the gate also was erected an altar called in LatineAlex. Gen. dier. lib. 3. c. 7. Acerra, vpon which his friendes did e∣very day offer incense vntil the buriall. The gate in the out∣side was garnished with cypresse branches, if the dead mā were of any wealth or note: For the poorer sort, by reason of the scarcity of the tree, could vse no such testimony of their mourning.Lucanus. Et non plebeios luctus testata cupressus. In these seaven daies space certaine men were appointed to provide all things in readinesse for the funerall: Which things were commonly sold in theAlex. Gen. dier. l. 5. c. 26. Temple of Libitina, from whence those providers were tearmed Libitinarij; though sometimes this word Libitinarius doth signifie as much as capularis an old decrepit mā, ready for the graue. Vpon the eighth day a certaine cryer in manner of a bell∣man, went about the towne to call the people to the solē∣nization of the funerall, in this forme of words:Rosin. Ant. ib. 5. Exequi∣as L. Titio L. Filio quibus est commodum ire. Iam tempus est. Ollus ex aedibus effertur. After the people had assembled themselues together, the bed being covered with purple or other rich coverings, the last conclamation being ended, a trumpeter went before all the company, certaine poore women called praeficae following after, and singing songs in the praise of the party deceased. Where wee must note that none but the better sort had a trumpet soūded before thē; others had only a pipe.Alex. Gen. dier. lib. 3. Senatoribus & patricijs tubâ; mino∣ribus & plebeiis tibiâ canebant siticines; this word Siticines signifying either a trumpetter or piper, because they did both ad sitos .i. mortuos canere. Againe, except it were one of the Senators or chiefe citizens, hee was not caried out vpon a bed, but in a coffin vpon a beere. Those that caried this bed were the next of the kinne, so that it fell often a∣mong the Senators themselues to beare the corps, and be∣cause the poorer sort were not able to vndergoe the char∣ges of such solemnities, therevpon were they buried com∣monly in the duske of the evening; and hence à vespertino tempore, those that caried the corps were tearmed vespae or vespillones. In the buriall of a Senator or chiefe officer cer∣taine waxen images of all his predecessors were caried be∣fore him vpon long poles or speares, together with all the ensignes of honour which hee deserved in his life time. Moreover if any servants had beene manumized by him, they accompanied the mourners lamenting for their ma∣sters death. After the corps followed the dead mans chil∣dren, the next of the kinne, and other of his friends atrati, .i. in mourning apparell. The corps being thus brought vn∣to their great Oratory called the Rostra, the next of the kin Suet. C. Iuli∣us Caesar. c. 6. laudabat defunctum pro rostris .i. made a funerall oration in the commendation principally of the party deceased, but touching the worthy acts also of those his predeces∣sors, whose images were there present. The oration being ended, the corps was in olde time caried home againe in manner as it was brought forth, Sedibus hunc refer ante suis & conde sepulchro. But afterward by the law of the twelue tables it was pro∣vided, that no man besides the Emperour and Vestal Nuns should be buryed within the city; though some vpon es∣peciall favour haue obtained it. The manner of their burial was not by interring the corps, as in former times it had beene, but burning them in a fire (Salmuth in Pancir. lib. re∣rū deperd. ca. de exequijs. the reason therof being to prevent the cruelty of their enimies, who in a mercilesse revenge would at their conquests digge vp the buryed bo∣dies, making even the dead also subiects of their implaca∣ble wrath.) This fire before the burning was properly cal∣led Pyra; in the time that it burned it was called Rogus, Servius Ae∣neid 5. quod tunc temporis Rogari solerent manes; after the bur∣ning then was it called Bustum quasi benè vstum. This Pyra was alwaies built in forme of a tabernacle, as it isSup. pag 30. aboue more at large to be seene: whither after the dead mā had beene brought, his friends were wont to cut off one of his fingers, which they would afterward bury, with a second solemnity. The charges at funerals growing by this means to be doubled, the law of the 12. tables provided in these words Homini mortuo ossa ne legito, &c: that no mans fin∣ger should be cut off, except he died either in the warre, or in a strange country. Where we must obserue, that lego in this place doeth signifie as much as adimo or aufero, in which sense we cal him sacrilegum, qui legit .i. qui adimit & aufert sacra. After the dead body had beene laid vpon the pyra, then were his eies opened againe to shew him heaven if it were possible:Alex. Gen. dier. l. 3. and withall an halfe penny was put in his mouth, they superstitiously conceiting, that that halfe-penny was naulum Charontis, the pay of Charon, the suppo∣sed ferry-man of hell, who was to cary mens soules in his boate over the stygian lake after their decease. About this Pyra were first many boughes of Cypresse tree to hinder the evill sent of the corps to be burned. The dead body be∣ing thus laid vpon the Pyra, the next of the kin turning his face averse from the pyra, did kindle the fire with a torch: After this commonly certain fencers hired for this purpose did combate each with other till one of them was killed; they were tearmed bustuarij frō bustum. The bloud of those that were slaine, served insteede of a sacrifice to the infer∣nall Gods, which kinde of sacrifice they tearmed Inferiae. Servius. Inferiae sunt sacra mortuorum, quae inferis solvuntur. Anon after the body had been burned, his nearest friends did ga∣ther vp the ashes & bones, which being washed with milk & wine were put into certain pitchers called vrnae: whence this word vrna is often vsed by Poets to signifie a graue or sepulchre, as —Vna requiescit in vrnâ. Ovid. Met. lib. 4. Rosin. an∣tiq lib. 5. Though properly sepulchrum was in old time a vault or arched-roofe, rounde about the wals whereof were placed certaine coffines called loculi, within which those former vrnae were laid vp & kept, namely two or three in each cof∣fine. Now these funerall solemnities were commonly to∣wards night, insomuch that they vsed torches; these tor∣ches they properly calledServius in Aeneid lib. 1. funalia à funibus cerâ circun∣datis, vnde & funus dicitur.Hub. in Cic. ep. fam. lib. 4. Others are of opinion that fu∣nus is so said from the greeke word , signifying death or slaughter. The bones of the burned body being thus ga∣thered vp, then did the Priest besprinckle the cōpany with cleane water thrise, and the eldest of the mourning womē called praeficae, with a lowd voice pronounced this word, Ilicet, thereby dismissing the company, (the word signify∣ing as much as Ire licet;) Then presently did the companie depart taking their farewel of the dead body in this forme of words: Vale, vale, vale: nos te ordine quo natura permise∣rit sequemur. If any of these ceremonies had beene omit∣ted Hier. Ferra∣rius in Cic. orat. Philip. then was it tearmed sepulitura insepulta, in the same sense as nuptiae formerly were tearmed innuptae. The old & aged men were invited after the buriall to a feast, or fune∣rall banquet called silicerniumServius in Aeneid. lib. 5. quasi filicaenium .i. coena su∣pra silicem posita, their custome being to eate that feast vp∣on an altar of stone, and because this feast was onely eaten at funerals, and by the elder sort,Antesig in Tere. Adelph. Act. 4. hence figuratiuely this worde silicernium doeth sometimes signifie an old creeple ready for the graue. The poorer people insteede of a feast, received a dole or distribution of raw flesh: this dole was tearmed Ʋisceratio. Moreover there was a potation or drinking of wine after the buriall called Murrata or Mur∣rhina potio, which afterward the law of the 12. tables for the avoiding of expences did prohibit: as likewise for the moderating of griefe in the mourners it did prohibit the vse of this word Lessum, [Neve lessum funeris ergô habento] for that word was often ingeminated in their mourning as a dolefull eiulation, or note of inward sorrow. This sorrow¦ing or mourning was in some cases vtterly prohibited, in others limited;Alex. Gen. dier. lib. 3. c. 7. Namely an infant dying before hee was three yeares old, should not be mourned for at all; because hee had scarcely yet entered into his life. Neither might children mourne for their fathers, or wiues for their hus∣bands any longer then ten monthes, within which time without speciall dispensation or licence, it was not lawfull for the widdow to marry another husband. Here we may with Raeuardus obserue a distinction betweene lugere and Elugere. Lugere signified no more then to mourne some part of the time prescribed; Elugere to mourne the whole and full time.

EVery assembly of all the Romane people, being called togither by a lawfull magistrate to determine a∣ny matter by way of giving voi∣ces, is à coundo tearmed Comitia, simply, without the adiection of any other word; or Comitia calata, that is, assemblies called to∣gither, from , or the obsolete latin verbe calo, which signifieth to call: though afterward those assemblies onely, which were held either for the in∣auguring of some pontifie, some Augur, some Flamen, or him that was called Rex sacrorū, or for the making of their wils & testaments were called Calata comitia. Whence the will that was made in these assemblies was called Testa∣mentum calatis comitijs. This kinde of assembly is some∣times called comitiaIoan. Tifli∣nus in orat. pro coelio. pontificia and comitia sacerdotum, in that sense as others are called Cōsularia, or Aedilitia comi∣tia; namely because the pontifies in these, is the Consuls, & Aediles plebis in the others were chosen. There followeth three other kindes of assemblies: for either the people did assemble themselues by parishes, called Curiae; or by hun∣dredths, called Centuriae; or by wards, called Tribus. The first sort of assemblies they called comitia Curiata, the se∣cond comitia Cēturiata, the last comitia Tributa.Sigon. de iure Rom. li. . cap. 17. Where by the way we must note, that that thing which was de∣termined by the maior part in any parish, hūdreth, or ward was said to be determined by that whole parish, hundreth or ward, & that which was determined by the maior part of parishes,Pars putat vt ferrent iuvenet suffragia soli Pontibus infir∣mos praecipitas∣se senes. Ovid. Fast. hundreths, or wards, was said to bee approued comitijs Curiatis, Centuriatis, vel Tributis. Secōdly we must note that neither children vntill they were seventeene yeares old, nor old men after the sixtieth year of their age, were allowed to suffrage in these assemblies, whence arose that adage Sexagenarij de ponte deijciendi: and old mē were hence called Depontani, for the explication of which see Pag. 13. before. Likewise those whom for some notorious crime the cēsors had disfranchised, had no autority of suffraging: They were tearmed Aerarij because they did pro capite suo tributi nomine,Sigon. de iure Rom. lib. 1. cap. 17. aera pendere. Here before we speake of those three severall kinds of assemblies, we will consider the mā∣ner of their proceedings in propounding cases vnto the as∣semblies. Philip. Be∣roaldus in o∣rat. Phil. 11. The custome was at first, that the Romanes should bestow their suffrages Viuâ voce, but afterward that every one might with freer libertie giue his voice, they commanded certaine wooden tables, wherein the names of those that stood for offices were written, to bee caried about, every suffrager receaving so many tables, as there were suitors: then did the people giue backe that ta∣ble with whom they would suffrage. But if a law were to be enacted, thē every suffrager receaued two tables, in the one or which were written these two great letters V. R; in the other was written a great Romane A. Those who deli∣vered these tables vnto the people, did stand at the lower end ofVid. pag. 13. those bridges (which were erected vp for the suffra¦gers to ascend vnto the ovilia) whence they were called à diribendo .i. from distributing Diribitores. At the other end of the bridges were placed certaine chests or little coffers, into which the suffragers which did approue the law did cast in the first table; those that disliked it, did cast in the second: for by those two letters V. R. which were written in the first, is meant Vti Rogas .i. Be it as thou hast asked, this word Fiat being vnderstood. By A. in the second table was meant Antiquo .i. I forbid it, the word signifying, as much as antiquum volo; I like the old law, I loue no inno∣vations. The tables being thus cast into the chests, certaine men appointed for that purpose in manner of Scrutators (they called them Custodes, and sometimesPlin. l. 33. cap 2. Nongenti) did take the tables out of the chests, and so number the voices by making so many points or pricks in a void table, as they found tables alike: which kind of accounting occasioned these and the like phrases; Suffragiorum punctanō tulit sep∣tem, and Omne tulit punctum; where punctum is vsed for suf∣fragium. The voices being thus numbred, it was pronoun∣ced by the common cryer what was decreed. Because the vse of those tables is now growne quite out of vse, I shall make bold to insert that, which with much labour I haue collected out of severall autors touching these tables. It is certaine that a long time the vse of paper was not known, whence men were wont to write sometimes vpon the in∣ward rinds of trees, called in Latine Libri (so that to this day we call our bookes Libri, because in olde time they were made of those rinds of trees:) sometimes they did write in great leaues made of that rush Papyrus, growing in Aegypt, from which we haue derived our english word Paper, and the latine word Papyrus, now signifying our writing paper; but the Romans at this time did vse to write in tables of wood, covered with wax, called in latine cera∣tae tabulae. They wrote their wills and testaments in tables, P. Pellitar. in orat. pro A. Coecinna. Hinc secundum & contra tabulas bonorum possessio; The possession of goods either according or against the testa∣tor his will. Because of the wax wherewith these tables were covered, cera is often vsed in the same sense, as Haere∣des primae cerae .i. primae tabulae & in primo gradu instituti; by which words I think are vnderstood such heires asAlex. Gen. dier. l. 1. c. 1. Alex∣ander calleth Haeredes ex toto asse .i. heires to the maine in∣heritance, opposing them to those which did receaue only legacies, whom he calleth there Haeredes in imâ cerâ, secū∣dos haeredes, & legatarios.Fr. Sylvius pro Sylvius not vpon improbable grounds doth thinke that Tully doth vnderstand by Haere∣des secundi, such heires as were nominated to succeed the chiefe heire or heires if they died. They wrote their ac∣counts in tables, hence Tabulae accepti & expensi, signifying reckoning books. They wrought their statutes also in ta∣bles, whence Tabulae publicae, are englished statute books, or rather bookes of record. Those writings or instruments which the Senate or Emperour caused to be hanged vp in the market place, to release and discharge any banckrupt from paying his debts, they tearmedFr. Sylv. in orat. Catilin. 2^am. tabulas novas; wee may english them letters of protectiō. They wrought their inventories of goods set at sale in tables calling them ta∣bulas auctionarias: yea they indited their epistles and com∣mon letters in tables, insomuch that tabellae are expounded missiue letters, and tabellarius which properly signifieth a carier of tables, is now vsed to signifie a letter-carier.Fr. Sylv. in orat. Catilin. 3. The manner how they sealed their letters was thus: they did bind another table vnto that, wherein the inditement was, with some strong thread sealing the knot of that thread with wax, whence Cicero saith Linum incidimus .i. we ope∣ned the letters.P. Pllitar. in orat. pro A. Coecinna. Lastly they wrote their bookes in tables, whence from them we doe at this day call our bookes co∣dices à caudicibus, caudex signifying properly the truncke, or stocke of a tree, whereof these tables or bookes were made. We must note withall that they wrote not with inck or quill, but with an instrument of steele or yron, having Vid. Erasm. Adag. a sharpe point at the one end, and being broad, yet keene and well edged at the other: with the sharpe point they did write what they pleased, with the broad ende they did scrape out what they had written: whence stylum invertere is to say and vnsay a thing, to turne his punch the wrong end downeward, as it were to scrape out that which one had formerly written. And as wee vse this word Manus to signifie the writing it selfe, according to that ofCic. orat. contra Catil. Tully, cognovit manum, & signum suum: so in the like sense we vse this word stylus, to signifie the peculiar tenure or straine of phrase, which any man observeth in the composing of an oratiō, epistle, or such like; in which sense Tully vseth it as the antithetō to gladius, in that speach of hisCic. orat. pro Muren. Cedat forū castris, otiū militiae stylus gladio; though in another place he vseth it to signify, if not a sword yet a pocket dagger, as Et∣si meus ille stylus fuisset;Mic. Toxita in orat. Phi∣lippic. 2. in which place stylus doth signifie as much as pugio. Now that wee may returne to the matter whence we haue digressed, wee will proceed to shew the maner how they enacted their laws. Al the Romans had not power and autority of preferring a law, but onely eight of their magistrates which they called Magistratus maiores: namely the Praetor, the Consuls, the Dictator, the Interrex, the Decemviri, the military Tribunes, the Kings, and the Triumviri, vnto these eight was added one of those whom they called Magistratus minores, namely the Tribunus Plebis. If any of these Magistrates thought it fit to preferre a law, then did he first write it downe at home, and consult with some lawyer, whether or no it might be for the good of the common wealth, whether it would not weaken anie former law, or whether it was not formerly included in some other law, &c. These and many other cautions were to be considered, before it was preferred, yea some would haue the approbation of the whole Senate after the advise of their lawyer, though diverse times that hath been omit∣ted. And the lawyer alone allowing it, the law was hanged vp publiquely in the market place for the space of three market-daies, which kinde of publishing the law was tear∣med Legis Promulgatio quasi provulgatio, during which time of promulgation, reasons were alledged pro & con: by the spectators: and all the people had so much time to con∣sult of the conveniency thereof, and every one vpon iust reason, had free liberty to admonish him that preferred the law, either to amend it, or to surcease the proposeall. After the third Market-day, (for vnlesse it were vpon an extra∣ordinary occasiō, no assembly might be called vpon a mar∣ket-day, because of the country folks businesses, they also having freedome of suffraging) the magistrate did convo∣cate, the people to that place where the law was to be pro∣posed: there the Towneclarke or notary reading the law, the common cryer proclaimed it, then did he which pro∣mulged it make an oration vnto the people, perswading them that it might passe. Sometimes others of his friends would second him with orations in his behalfe, as likewise others that disliked it, would by orations disswade the peo∣ple, shewing the inconveniency thereof. After the orations had been ended, an vrne or pitcher was brought vnto cer∣taine Priests there present, into which were cast the names of the tribes, if the comitia were tributa, or of the centuries if they were centuriata, or of the parishes if curiata: then sortibus aequatis .i. the lots being shakē togither, they drew their lots; and that tribe or centurie whose name was first drawn, was called Tribus vel Cēturia praerogativa, à praero∣gando, because they were first asked their voices: that cu∣ria vpon which the first lot fel, was calledRosin. an∣tiq. lib. 6. c. 7 Principium, be∣cause that curia did first suffrage. Those Tribes vpō whom the other lots fel, namely the second, third, fourth, &c: were tearmed Tribus Iurevocatae. From this distinction it is that such a man as hath the voices of the praerogatiue tribe, or century, is said to haue Omen praerogativum: which good fortune whosoever could attaine vnto, was in great hope of obtaining the other voices of the Iurevocatae; for they never or very seldome would swarue from the determina∣tion of the prerogatiue tribe or centurie. Whiles the peo∣ple were busie in their lottery, in the mean time if any Tri∣bune of the cōmons would intercedere .i. forbid the procee∣ding, he might be heard, & the whole assembly therevpō should bee dismissed: likewise they were dismissed if either he which first promulged the law did alter his opiniō, or if the consul commaunded supplications to bee offred vp in the behalfe of their Emperour, or any of those holy daies called Feriae Latinae vel Imperativae to bee observed vpon that day; or if any of the people assembled were taken with the falling sicknesse (by reason whereof that disease is cal∣led by the Physitions at this day, Morbus comitialis:) last∣ly the assemblies were dissolved by reason of the soothsay∣ings, which kinde of dissolution was caused either by the civill magistrate his observing of signes and tokens in the heaven, and that was called Spectio, and sometimes de coelo observatio; the very act of this observation, though no vn∣lucky token did appeare dissolved the assembly: or else it was caused by the Augures, and civill magistrate promis∣cuously, whensoever any evill token was seene or heard ei∣ther by the magistrate or Augur (amongst which thunder was alwaies counted the vnluckyest) at which time the as∣semblies were in like maner to be dissolved: this maner of dissolution was tearmed obnunciatio or Nunciatio.Stadius in Flor. l. 3. c. 7. Obnū∣ciabat, qui contra auspicia aliquid fieri nunciabat. Both these kindes are easily to be collected out of that speech in Tully Cic. orat. Philip. 2. Nos augures nunciationem solam habemus, consules & reli∣liqui magistratus etiam spectionē. Here we may fitly in way of conclusiō vnto this tract, adde a iust difference to be ob∣served between these phrases, Promulgare, Rogare, Ferre, et Figere legem. Promulgare legem was to hang vp a law not yet asked, to the publique view of the people, to be exami∣ned by them touching the conveniencie thereof. Rogare legem was to vse a certaine oration vnto the people, to per∣swade the conveniencie of the law, which oration because it began with this forme of words, Velitis, iubeatisnè Qui∣rites? .i. O yee Romanes is it your wil and pleasure that this law shall passe or no? Hence was it tearmed legis rogatio. Ferre legē was when the law had beene approved of by the people, then to write it downe vpon record, and so to lay it vp into the treasure-house;Fr. Maturā∣tius in Phil. 1. Cùm approbata fuisset lex, in aes incidebatur, & in aerario condebatur, & tunc demùm lata di∣cebatur. Lastly, Figere legem was to publish the law after it had been approved & recordedCorn. Tacit annal. l. 11. by hanging it vp in tables of brasse in their market places, or at their church doores: hence it is that wee vseFr. Matur. in Philip. 12. tabulam figere in the same sense, namely to enact or establish a law, & refigere legem to dis∣proue or cancell a law.Sig. de jure prou. lib. 3. c. 1. And that which was determined Comitijs curiatis was tearmed lex curiata, that which was Comitijs centuriatis, lex centuriata, that which was comitijs tributis was not called a law, but Plebiscitum.

COmitia curiata were those, wherin the Romane peo∣ple being divided into thirty parishes did giue their suffrages: they were so called from curia signifying a parish. And vntill Servius Hostilius his time, who did first institute the comitia centuriata, all things which were de∣termined by the suffrages of the people, were determined by these curiata comitia: But after the other two sortes of assemblies had beene established, these curiata were vsed onely either for the enacting of some particular lawes, or for the creating of some certaine priests called Flamines. For the better vnderstanding hereof we must remēber, that though at first these thirty parishes were parts of the three Tribes (each tribe being divided into ten parishes,) yet in processe of time the encrease of the Romane people was such, that a great part of the Romane fields were filled with buildings & places of habitation, insomuch that the tribes of the Romanes were encreased to thirty fiue: but the pari∣shes (because none that dwelt out of the citty were tied to the rites and ceremonies of the Romane religion) did not encrease, so that the parishes did not alwaies remaine parts of the tribes. Hence it followeth that all the Romanes had not power to suffrage in these assemblies, but those alone, who dwelt within the city: for no other could be of anie parish. The place where these assemblies were held, was the great hal of iustice called from these assemblies Comitium. Before these assemblies were held, it was required that some lawfull magistrate for some competent time before hand should solemnely proclaime them, and the thirtie ser∣jants (each parish hauing for that purpose his serjant) should call the people together; as likewise three Augures or at least one should bee present to assure them by their observatiōs, either of the favor or displeasure of the Gods. Vpon these premises the matter was proposed vnto the people, who if they liked it, thē they proceeded vnto their election; if otherwise they disliked it, then did the Tribu∣nus plebis intercedere .i. forbid their proceedings: wherevp∣on their assemblies were presently dissolved.

AS those former assemblies were called Curiata à cu∣rijs, so were these called Centuriata à Centurijs. Ser∣vius Tullius caused a generall valuation of every ci∣tizens estate throughout Rome, to be taken vpō record to∣gether with their age: and according to their estates and age, he divided the Romanes into six great armies or bands which he called Classes; though in truth there were but fiue of speciall note: the sixt contained none but the poorer sort and those of no worth or esteeme. The valuation of those in the first Classis was not vnder two hūdred pounds, and they alone by way of excellency were termed Classici: and hence figuratiuely are our best and worthiest authors called Classici scriptores, Classicall authors. All the others though they were enrolled in the second, third, or any o∣ther Classis, yet were they said to be Infra classem. The va∣luation of the second band was not vnder seuen score pounds. The valuation of the third was not so little as an hundred pounds; of the fourth not lesse then forty pounds; of the fifth not lesse then twentie fiue pounds. The sixt con∣tained the poorer sort, whom Horace calleth Tenuis census homines, men of small substance; and also they were called Proletarij, à munere officio{que} prolis edēdae, as if the only good that they did to the common weale, were in begetting of children: and sometimes they were called Capite-cēsi, that is such as paid either very little or nothing at all towardes subsidies, but only they were registred among the citizens as it appeareth bySig. de Rom lib. 1. cap. 4. Sigonius. These six great bands or ar∣mies were subdivided into hundreths called in Latine Cē∣turiae. The first Classis contained fourescore centuries of footmen, and eighteene of horsemen: the second contai∣ned twentie centuries of footmen, and two of workemen, which followed after to make military engins & weapons: the third also, as likewise the fourth contained twentie cē∣turies of footmen, but to the fourth were added two other centuries of trumpeters, drummers, and such like, who vp∣on iust occasion did Classicum canere, sound the alarme and vpon iust occasion did againe receptui canere, sound the re∣trait: the fifth Classis contained thirtie centuries of foote∣men: the sixt or last Classis contained one centurie: so that in all the six Classes were contained one hundred foure∣score and thirteene centuries. Where we must note that al the centuries of footmen did consist the one halfe in every Classis of the younger sort, who were to make war abroad vpon the enimies; the other halfe of old men, who remai∣ned at home for the safety of the citie. All that hath beene hitherto spoken of these Centuriata comitia, may be collec∣ted out of Sigonius in the place aboue quoted. The chiefe cōmander of every centurie was called Centurio; the rod or tip-staffe, wherewith he did strike his souldiers to keep thē in aray, was called by Pliny, Centurionum vitis. So then we may perceaue, that those Centuriata comitia were those, wherein the people did giue their voices by centuries, or hundreds. Now the cēturies did not consist of those alone which had their places of habitatiō at Rome, but of certaine Municipall states also, & such colonies or other states, that couldRosin. Ant lib. 6. cap. 10. Plenum civitatis ius cū iure suffragij adipisci.Rosin. an∣tiq. Rom, lib. 6. c. 16. Now the custome in old time was, that al these centuries should march in their armour after the magistrate which assem∣bled them, into the Campus Martius, there to giue their voices. But this custome continued not long, for thereby they did disarme the citie, and giue their enimies (if any should assayle them in time of their assemblies) the greater advātage: for their greater securitie therfore, they appoin∣ted a flagge to bee hanged out vpon the mount Ianiculus, some few armed men standing there in watch & ward for the safegard of the citie: and when the assembly was to bee dissolved, then did the watch depart, and the flag was takē downe: neither could any thing after that bee determined; but if they cōtinued their assemblies, then did they proceed to the giuing of their voices, in old time thus. Those cētu∣ries of the first Classis being the wealthier had the preroga∣tiue of suffraging first, and because this first Classis contai∣ned more centuries then all the rest, therefore, if they could agree among themselues, the other centuries were never asked their voices. This kind of suffraging being somwhat partiall in as much as the richer and wealthier being pla∣ced in the first Classis did oversway the elections against the poorer sort of people; thence did the after ages appoint that that cētury should haue the prerogatiue of suffraging first, vpon whom the lot fell. The other centuries were all calledRosin. an∣tiq Rom. lib. 6. c. 20. Centuriae Iurevocatae, and did giue their voices not by lots (as the Tribus Iurevocatae did) but the elder and wealthier centuries did suffrage next after the prerogatiue centurie, accordingly as their place required.

FOR the better vnderstanding of these assemblies by Tribes or wards, it will bee needfull first to learne, that this word Tribus in this place doth signifie a certaine regi∣on, ward, or locall place of the citie, or the fields belonging therevnto according to that,A. Gel. l. 15. cap. 27. Tributa comitia erant cùm ex regionibus & locis suffragabantur. It was so called either à tributo dando every several region or quarter paying such a tribute; or quia primò tres tantùm fuerunt, the whole citie being at first divided only into three regions, or wardes, each nationall tribe having his seuerall region or locall tribe to dwell in. The first nationall tribe called Ramnenses did in habit the mount Palatine, and the mount Coelius, & those two hills made the first locall tribe. The second na∣tionall tribe called Tatienses did inhabite the Capitoll, and the Quirinall mountaine, which two mountaines made the second locall tribe. The third nationall tribe did inhabite the plaine betweene the Capitoll and the Palatine hill, and that plaine was called the third locall tribe. Of these tribes more is spoken in theVid. pag. 22. first division of the Romane people. Only here we must note thus much, that in processe of time after the citie was enlarged, and the number of the Roman citizens encreased, these locall tribes were also augmēted, so that they amoūted at the last to the number of 35. some of them being called Vrbanae, others Rusticae;Sig. de iure Rom. l. 1. c. 3. Vrbanae ab vrbis regionibus, Rusticae ab agri partibus erant nuncupatae. And of these two sorts the Tribus rusticae were accounted the more honourable. Moreover wee must remember, that a man might be reputed of this or that tribe, although hee had no place or habitation therein. Concerning the place where these Tributa comitia were had, sometime they fell out to be in the Campus Martius; sometimes in their great hall of iustice called Comitium; sometimes in the Capitoll; many times in other places, according to the discretion of the magistrate which caused these assemblies.

IT shall not be impertinent to annexe some necessary ob∣servations touching the Romane petitors or suiters for bearing office: where we wil obserue these three phrases ambire magistratum, inire magistratum, and abire magistra∣tu. The first signifieth, to sue for an office, the second to en∣ter into the office, the third to depart out of the office. A∣gaine the difference of these phrases, Conficere legitima suf∣fragia, & Explere suffragia.Rosin. ant. Rom. l. 6. c. 20▪ The first signifieth to haue so many voices as the law doth require. The second signifi∣eth to haue more voices then any other competitor, but not so many as the law requireth.

These persons were tearmed Candidati, à togâ candidâ, from the white gowne which they did weare, as appeareth more at largePag. 18. where we haue spokē De Romanâ togâ. That they might the easier procure the good will of the people, Rosin. Ant. Rom. l. 7. c. 8 these foure things were expected from them. First No∣menclatio, the saluting of every citizen by his name; for the better discharge of which, they had a certaine follower, which should, by way of prompting, tell every citizens name as he passed by, and hence this prompter was some∣times called Nomenclator, which word doth properly sig∣nifie a common crier in a court of Iustice, such as call men to their appearance, whence they had their name from No∣men & calo, an old latin word to call; sometimes Monitor; sometimes Fartor ab infarciendo in aures. Secondly, Blan∣ditia, that is, a friendly compellation by the addition of some complementall name, as well met friend, brother, fa∣ther, &c. Thirdly, Assiduitas, that is, an hote canvasing or soliciting men without intermission. Lastly, Benignitas, a bountifull or liberall largesse, or dole of mony called Cōgi∣arium from the measure Congius containing a gallon, be∣cause theirG. Trapez. in Phil. 2^am. dole was at the first made of oile or wine di∣stributed in those measures. Howbeit any dole gift or larges in mony or otherwise is called cōgiariū. The distributors of this dole were calledSig. de iud. lib. 2. c. 29. divisores &Barth La∣tomus in orat pro M. Coelio seque∣stres, although sometimes sequester signified a briber or corrupter of a Iudge. Likewise their bounty or liberality consisted in providing great dinners, and exhibiting great shewes vnto the people, &c.

WE being to treate of the Romane magistrates will first see what the definition of a magi∣strate is. A magistrate is heSig. de iur. Rom. l. 1. c. 20. who receiveth by publique autority the charge and over∣sight of humane affaires belonging to the commō wealth. These Romane magistrates were either to be chosen only out of the better sort of Ro∣manes, called the Patricij; or else onely out of the commo∣nalty. Sig. de iure Provinc. l. 3. cap. 1. The first were thence called Magistratus patricij, the second Magistratus plebeij. The Patricij had power to hinder the assemblies of the people; namely their Comitia by observing signes and tokens from the heavens: howbe∣it some of them had greater power, others lesse; insomuch that some were called Maiores magistratus, quoniam habe∣bant maiora auspicia .i.Fenest. de magist. Rom. cap. 1. magis rata. Others were called mi∣nores magistratus, quoniam habebant minora auspicia. Of these in their order.

IN the infancie of Rome, it was governed by a king vntill Tarquinius Superbus his time, who by maintaining that shamefull act of his sonne towards Lucretia did so in∣cense the people, that they did not only for the present ex∣ile him, but decreed that their city should never after that be governed by a king. This king had absolute rule & go∣vernement over the city. For the safety of his person he had three hundred chosen young men alwaies to be attendant about him, much like vnto our kings Maiesties Guard here in England, or rather his Pensioners. They were calledPlutarch. in Romulo. Ce∣leres à celeritate, from their readines in assistance: some∣times they were called Trossuli,Plin. lib. 33. cap. 2. because they alone with∣out the helpe of any foote-men did take a certaine city in Etruria called Trossulum. Other times they haue beene cal∣led Flexumines, wherof as yet there hath beene no certaine reason rendred. Each hundred of them had their severall o∣verseer called Centurio: and over them al there was one ge∣nerall overseer and chiefe commaunder, whom they called Praefectum vel Tribunum Celerum, his place being next to the king. A second sort of attendants about the king were called Lictores à ligando, according to that, Lictor colliga manus. They did somewhat resemble our Serjants there be∣ing in number twelue of them. Their office was to carie certaine bundles of birchen rods with an axe wrapped vp in the middest of them: the rods in latin were called Fasces, the axe Securis.Ioac. Came∣rarius in orat pro Flacco. The reason why they carryed both axes and rods was to intimate the different punishment that be longed vnto notorious and petty malefactors. The reason why they were wrapped vp togither was not onely that they might be thereby more portable,Immedicabile vulnus Ense re∣cidatur &c. but that the anger of the magistrate might be somewhat allayed, whiles they were vnbinding. Hence because these Fasces virgarum & securium, did betoken honour and chiefedome in place & autority, by the figure synecdoche this word hath beene v∣sed to signifie honour and dignity, as Fascibus suis abroga∣tis, he being discharged of his magistracie or dignity.

AFter the expulsion of Tarquinius Sup. the last Roman King, all the citizens in Rome assembled, and con∣cluded that the government of their city, which be∣fore was in the hand of one alone governour, called their King, should now bee divided betweene two:Rosin. ant. Rom. l. 7. c. 9. whom at first (before there was any such subordinate office as a Prae∣torship) the Romanes called Praetores, quod praeirent populo. Not long after they were called Iudices à iudicando. In pro∣cesse of time they were known by no other name then Cō∣sules à consulendo populo.Cic. orat. Philid. 5. No citizen, was ordinarily cre∣ated Consull before the forty third yeare of his age. Neither might any be chosen without speciall dispensation either of their absence out of Rome,Suet. Iul. Caes. cap. 18. or in time of their triumph which was the reason that Iulius Caesar was glad to for∣goe his triumph at that time, when hee was Consul with Bibulus. The signes or tokens of this Consular dignitie were the twelue Lictors carying their bundles of rodds & axesAlex. Gen. dier. lib. 3. c. 3. the first month before one Consul, & the second be∣fore the other; as formerly they had done before their Kings.Fenest. de magist. Rom. The reason why each Consul had not twelue Li∣ctors alwaies, was because the tyranny of the Consuls might then seeme to be doubled and to exceed the tyranny of the Kings: another token was a certaine chaire of estate called Sella burnea .i. an yvory chaire, so called from the matter whereof it was made, andA. Gell l. 3. cap. 18. because this chaire was com∣monly caried about in a certaine coach or chariot, where∣in the Consul did ride, hence from Currus which signifyeth a chariot, it is also called Sella curulis: whereStadius i Flor. l. 1. c. 5. note that this word Curulis is sometimes vsed substantiuely, & then it signifieth some chiefe magistracy or office amongst the Romanes. The gowne, by which they were distinguished from other magistrats or private men, was a certaine pur∣ple gowne, which from the great embroadred workes was called Trabea, and hee that did weare it was thence called Trabeatus, according to that, Trabeati cura Quirini. It will be worthy our observation to note, that the Romanes did date their deeds and charters in old time by naming the yeare wherein their citie was first founded; as to say Ab∣vrbe condita the twentieth, thirtieth, or fortieth yeare, &c. But in processe of time their manner of dating was by sub∣scribing the names of their present Consuls: as to say, such a thing was determined L. Valerio, M. Horatio Consulibus, such and such being Consuls. Whence Suetonius speaking of Iul. Caesar, saith, he was appointed to be Flamen Dialis, sequentibus consulibus .i. the next yeare following. Those alone who had borne the office of a Consul, not every one that was capeable thereof were said to be Ʋiri consulares. I. Tislinus in orat. Cic. pro Coelio. At the first those who were created Consuls remained in their office the space of an whole yeare, being designati ad consulatum vpon the twentie fourth of October.P. Ramus in orat. Cail. 1. At con∣sulatum non inierant ante Calendas Ian .i. the first of Ianua∣ry. The reason of this chasme, or interim betweene their de∣signation vnto their office, and their entry into it, was (as we may probably coniect) that the competitors might haue some time to enquire de Ambitu .i. whether there was no vndirect and vnlawful meanes vsed in their canvassing. In processe of time either by voluntary resignation or de∣position or death many Consuls haue beene chosen in the same yeare, and they were calledFr. Sylvius in Cic. Orat. pro Muren. Non ordinarij, & suffecti Consules. At such times all their deedes were dated by the names of the two first Consuls which began the yeare: whence those two first, and likewise all those that conti∣nued in their office the whole yeare were calledRosin. ant. Rom. l. 7. c. 9. Consu∣les Honorarij, and Consules Ordinarij.

THE Consuls finding themselues encombred with so many businesses of a different nature, did by consent of the Senate choose two peculiar officers called Fenest. de Magist. Rom. cap. 17. Censores à censendo; because they cessed and valued every mans estate, registring their names, and placing them in a fit century. For it did concerne the Romanes to knowe the number, and likewise the wealth of their people, to the end they might be informed of their owne strength, & so shape their course accordingly, either in vndertaking warres, transplanting Colonies, or in making provision of victuals in time of peace. A second and maine part of their office was in reforming manners to which end they had power to enquire into every mans life. This part of their autoritie was noted out vnto vs by this phrase being called Virgula censoria. If any one had plaied the ill husband, & neglected his farme, or left his vine vntrimmed, the Censors tooke no∣tice thereof. They did Senatu & Tribu movere .i. They did depose Senatours, and pull downe men from a more hono∣rable Tribe to a lesse honourable. They did punish Capitis diminutione .i. with losse of freedome: and that was three∣fold I. Tisin. in Cic. orat. pro A. Coecinna. Maxima, Media, & Minima. The least degree of dis∣franchising was the pulling of a man downe from an high Tribe to a lower. Diminutio media, was an exilement out of the city without the losse of ones freedome. It isI. Camerar. in orat. Cic. pro Muren. com∣monly set downe in this forme of words, Tibi aqua, & igni interdico. Diminutio maxima was the losse of ones Tribe, city, and freedome. These Censors were reputed of the best rancke of Magistrats in Rome: they remained in their office an whole fiue yeares space ordinarily. I say ordinari∣ly, becauseFenest. de Rom. magist. cap. 7. through the abuse of their place, the office hath been somtimes made annuall.Pomp. Lae∣tus de Rom magist. de Censor. That fiue yeares space the Romanes did call Lustrum, because they did once in e∣very fiue yeares revolution Lustrare exercitum Romanum, by sacrifice purge the Romane army. Hence we say duo Lu∣stra, 10 yeares; tria Lustra, 15 yeares, &c. The performance of this Lustration belonged also vnto the Censors: for after the Censors had performed the one part of their office in registring the iust valuation of every citizens estate,Panciroll. rerum de∣pediarum de capiendi mo∣do. they did lead a Sow, a Ramme, and a Bull three times about the army, and in the end sacrificed them to Mars: and thus to purge an army, is condere Lustrum; though sometimes con∣dere lustrum doth signifie, to muster an army. These sacrifi∣ces, as likewise all others of the like nature, that is, where∣in there was a Sow, a Ramme, and a Bull sacrificed, were tearmed sometimesAlex. Gen. dier. l. 5. c. 27. Suovetauralia, somtimes Solitauralia, sometimesPomp. Lae tus de mag. Rom. cap. de Censor. Taurilia. Moreover it did belong vnto these Censors to farme out the tributs, imposts, tollage, &c.Pancirol. l. rerum deper∣dit. cap de ci bi capiendi modo. At the fiue yeares end, the acts of both their Censors were re∣gistred vpon bookes of record, which records were laid vp in a certaine religious house dedicated to the Nymphs. WhenceCic pro Milone. Cicero speaking of Clodius, saith, Qui aedem Nympharum incendit vt memoriam publicam, incensis tabu∣lis publicis impressam aboleret.

VVHen C. Iulius Caesar had overcome Pompey his sonnes in Spaine, at his returne to Rome the Se∣nate welcomed him with new invented titles of singular honour, styling him Pater patriae, Consul in decennium, Di∣ctator in perpetuum, Sacro sanctus and Imperator: all which titles were afterward conferred vpon Octavius Caesar; and all the Emperours succeeding desired to be called Impera∣tores & Caesares from him. Where we must vnderstand that this name Imperator was not altogether vnknown before, for by that name the Romane souldiers were wont (even at that time) to salute their L. Generall after some special cō∣quest. Servius Aen. lib. 6. These Romane Emperours were afterward called also Augusti from Octavius Caesar whom when the Senate studyed to honour with some noble title, some were of minde that he should be called Romulus, because he was in manner a second founder of the city. But it was at length decreed by the advise of Manutius Plancus, that he should be styled by the name of Augustus: which we may Eng∣lish Soueraigne, and they counted this a name of more re∣verence and maiestie then that former name of Romulus, because all consecrated and hallowed places were called Loca augusta. The authoritie of these Emperours was very great, even as great as the Kings in former times.

ARosin. ant. l. 7. c. 13. custome was receaued amongst the Romane Em∣perours in their life time to nominate him whom they would haue to succeed them in their Empire: & him they called Princeps iuventutis Caesar, and Nobilissimus Caesar. The like custome was practised by Charles the fifth Emperour of Germany, and so hath beene continued by his successors; namely, that one should be chosen whom they called Rex Romanorum, who should be so farre invested in the title to the Empire by the meanes of the present Em∣perour, that vpon the death, resignation, or deposition of the then being Emperour, he immediatly should succeed.

ROmulus for the better government of the city ap∣pointed a certaine officer called Vrbis Praefectus to haue the hearing of all matters or causes betweene the master and the servant, betweene orphanes and their overseers, betweene the buyer and the seller, &c. After∣ward in time of the Romane Emperours this Vrbis praefectus did assume vnto himselfe such authoritie, that hee would examine and haue the hearing of all causes, of what nature soever, if they were Intra centesimum lapidem, within an hundred miles of Rome (forDespaute∣us in sua syntaxi. Lapis in old time signifyed a mile, because at every miles end a great stone in manner of a mark-stone was erected.) In the absence of the King or Consuls, he had all authoritie which belonged vnto them resigned vnto him. I am not ignorant, that some doe make this latter kind of praefecture or Lieuetenantship a differēt office from the former: but I should rather thinke them to be one and the same, only his authoritie to bee more enlar∣ged in the Kings absence, and of this opinion doe I finde Fenestella, Alexand. Neop. andSig. de iure Rom. l. 1. c. 20. Sigonius.

FOR the better administration of iustice theFenest. de mag. Rom. cap. 14. Romanes appointed three men, namely those who were reputed the gravest and wisest amongst them to goe to Athens there to pervse the Grecian lawes, to the intent that at their returne, both a supply might bee made of those lawes that were wanting in Rome, and the other which were faultie might thereby be rectified and amended. At the returne of those three men, the Consuls were deposed, and both their authority and ensignes given vnto these Decemviri. The lawes which they brought from Athens were written at first in ten tables of brasse: afterward two other tables were added. At which time those lawes began to be knowne & distinguished from others by the name of Leges 12 tabula∣rum. And according to those lawes iustice ever after was administred to the Romane people. At first by these ten mē appointed therevnto, whose autority was as large even as the Kings and Consuls, in old time only it was annuall: one of them only had the ensignes of honor caried before thē; one alone had the authoritie of convocating the Senate, confirming their decrees and the discharge of all state bu∣sinesses. Rosin. ant. Rom. l. 7. c. 19 The other did little differ from private mē in their habit; only when the first had ruled a set time, the others succeeded by turnes. This kind of government did not continue long in Rome, for in the third yeare all their pow∣er was abrogated, because of their tyranny and oppression vsed by them towards the Romane people.

VVHensoever the Romanes found themselues en∣combred with dangerous warres, or any other eminent dangers, they presently chose a Dictator, to whō alone was committed the authority and rule of the whole kingdome, differing from a King onely in respect of his name, & the continuance of his office. Touching his name he was so called, quoniam dictis eius parebat populus. His of∣fice continued but six months and at the expiration there∣of if need required he was chosen againe for another six months. He was also calledPighius in Tyrannif. Populi Magister, in as much as none could make their appeale from him vnto the peo∣ple. As soone as himselfe was established in his office hee chose a subordinate officer whom he calledStadius in Flor. l. 1. c. 11. Equitum ma∣gister: his authoritie much resembled his whom they called Vrbi praefectum: for as the Praefectus vrbi in the absence of the absence of the king, so this Magister Equitum in ab∣sence of the Dictator had full and vncontroleable authori∣tie of doing what he would.

THeseRosin an∣tiq. lib. 7. c. 20. military Tribunes were of two sorts. The one had all power and authoritie, which beelonged vn∣to the Consuls; and thence were called Tribuni militum consulari potestate. The occasion of them was this: The pro∣tectors of the commons called Tribuni plebis did earnestly labour that the commonalty might bee made as capeable of the cōsular dignitie as the Nobility:Rosin. ibid. This was follow∣ed so hot that in the end though the nobilitie would not graunt them way vnto that dignitie vnder the name of Consuls; yet in effect they would grant it them. Namely the Consuls should be deposed, and in their steed other magi∣strats should be chosen; part out of the the nobility, part out of the commonalty, who though they were not called Consuls, but Tribuni, yet were they of Consular au∣thoritie: By which they were distinguished from the other sort of Military Tribunes, who had power and authoritie only in matters military, and were known by the name of Tribuni militum without any addition.Alex. Gen. dier. lib. 6. c. 18. Sometimes there was one of these 3. words praefixed Rutuli or Rufuli, Suffe∣cti and comitiati; not therby to intimate vnto vs any distin∣ction of office or place, but to signify their manner of ele∣ction. For if they were chosen by the Consuls, then were they called Tribuni Rutuli or Rufuli, because they had their authoritie confirmed vnto them by vertue of an act or law preferred by Rutilius Rufus, when he was Consul. If they were chosen by the souldiers themselues in their campe, then were they called Tribuni fuffecti .i. Tribunes substitu∣ted or put in the place of another. Whence we may cōiect that the souldiers were not permitted to make any electiō, but in time of need, when their former Tribunes were ta∣ken from them by some violent or vnnaturall death. The last sort called Comitiati were so called because they were chosen by the Romane assemblies called in Latine Comitia. They were named Tribuni, because at the first institution of them (whether we vnderstand the Consular Tribunes or this latter sort) there were but three of each. In processe of time notwithstanding I find the number not only of those Consular Tribunes,Rosin. Ant. lib. 7. cap. 20. but of those other also to haue beene encreased to six accordingly as the thousands in a legion were multiplied. These latter sort of Tribunes, in respect of their military discipline which was to see the souldiers be∣ing faultie to bee punished, wee may english Knights Martiall: In respect that their authoritie was over footmē only, we may english them Seriants maior: only this diffe∣rence there was, to every thousand of footmen in any le∣gion; there were as many military Tribunes vnder their chiefe commander called Imperator. But in our english ar∣mies there is but one Seriant maior, who alone vnder the L. Generall hath command over all the footmeen, be there never so many thousands.

THis tyranny of the Triumviratus began by a conspi∣ration betweene Augustus Caesar, Antonius, & Le∣pidus. For these three vnder the pretence of revēging Iul: Caesar his death obtained chiefe power and authority for the space of fiue yeares thorough out Rome,Fenest. de magist. Rom, cap. 21. preten∣ding that they would settle the common wealth, which at that time by reason of Iul: Caesars death was much out of order. Those fiue yeares being expired, they refused to re∣signe their authority, exercising excessiue cruelty towards all the Romanes of what degree soever.Suet Octa. Aug. cap. 27. This kinde of go∣vernement remained but ten years, neither ever were there any other then those three aboue named. They had power to enact any new law, to reverse any former Act without the consent of the Senate, or commons. They might pre∣scribe and bannish any Romane at their pleasure; and as of∣ten as we read de Triumvirat simply without any adiun∣ction, or de Triumvirat Senatus legendi, wee are to vnder∣stand it of this, though some vpon vnsure grounds doe dis∣ioine them.

THis office of the Quastors seemeth not vnlike to a publique Treasurers, which collecteth the subsidies, customes, mony, yearely revenues, and all other pai∣ments belonging to any state or corporation. And hence Fenest. de Rom. mag. c. 3. quoniā publicae pecuniae quaerendae praepositi erant, they took their name Quaestores: Sometimes they are called Quaesto∣res Ʋrbani, to distinguish them from the provinciall Quae∣stors, which bare office in the Romane provinces: somtimes they are called Quaestores aerarij, to distinguish them from those that were called Quaestores parricidij, or rerum capi∣talium, of which you may see more in the tract de Praetori∣bus. Sig. de iure Rom. l. 2. c. 8. Lastly they were called Quaestores aerarij, to distin∣guish them from the Tribuni aerarij .i. those Martiall trea∣surers, or Clarkes of the band, which did receiue the soul∣diers pay from these city-Treasurers, and so pay it to the souldiers. The office of these city-Treasurers (then being at first but two) was to receiue al the city-accounts; to dis∣burse at all occasions of publique expenses; to take an oath of him that the souldiers had saluted by the name of Impe∣rator, that he had truely informed the Senate both of the number of enimies slaine, as also of the number of citizens lost: otherwise he might bar the Emperour of his triumph. Moreover whatsoever spoiles were taken in warre they were delivered vp vnto these citty-Quaestors, and they sel∣ling them laide vp the mony in the great Treasure-house called Aedes Saturni.

BEside that Triumviratus Reip: constituendae, of which we spake before, there were divers kindes of Trium∣virates; namely Triumviri capitales, three high Shi∣reiffes, who had the charge of prisons and were to see ma∣lefactors punished: for which purpose eight Lictors did at∣tend thē. There were alsoAlex. Gen. dier. l. 3. c. 16. Triumviri Mensarij, three mē, we may tearme them Bankers, who had autoritie to pay out of the common treasury poore mens debts. Sometimes there were appointed fiue to this office, whence they were called alsoI. Camerar. in orat. Cic. pro Flacco. Quinqueviri Mensarij, both being called Mē∣sarij from Mensa, a table, whereon they told their mo∣ny. Another sort of Triumviri there were appointed to presse souldiers, whence they were called Triumviri con∣quirendi iuvenes idoneos ad arma ferenda. Wee read also of certaine Triumviri, which were elected as chiefe captaines to guid and conduct the people in translanting colonies; and thence were they named Triumviri Coloniae deducen∣dae: but sometimes for this purpose they elected seaven, ten, or twentie, and so named them Quinqueviri, Septemviri, Decemviri, and Ʋigintiviri Coloniae deducendae. Three o∣ther sorts of Triumviri remaine, which were offices of small account; as the Triumviri monetales, three Masters of the Mint, who thence were called Triumviri A.A.A. F.F. .i. Auro, Argento, Aere, Flando, Feriundo; for they had the charge of coyning the mony. Secondly, Triumuiri va∣letudinis, Three Pest-men, which were to oversee those that lay infected with any contagious sicknesse. Thirdly, Alex. Gen. die. l. 3. c. 16. Triumviri nocturni, three Bell-men which were to walke the towne at night, and to giue notice of fire.

AƲgustus Caesar desiring for the better safetie of the citie to maintaine many bands of souldiers, which should alwaies bee in readinesse for the defence of the citie, desired of the citie an yearly subsidie for the main¦tenance of those souldiers: but being denied it, hee built a certaine Treasure-house, which hee called Aerarium mili∣tare, whereinto he cast his mony for himselfe, & Tiberius; and promised to doe so every yeare. Afterward when hee saw the Treasury not to be enriched enough, either by that mony which himselfe bestowed, or by the contributions of others, he appointed that the twentieth part of all inhe∣ritances and legacies (except it were to the next of the kin, or to the poore) should fall vnto this Treasurie. For the charge & custody hereof he appointed three of those soul∣diers, which alwaies attended about him for the safegard of his person, calling them Praefectos Aerarij.

ALL captaines and governours to whom the rule of an army belonged were in ancient time calledPancirol. in notitiam im∣per. orient. cap 5. Prae∣tores; This word Praetor signifying then three chiefe officers among the Romanes: First a Consul; secondly a L. chiefe Iustice; thirdly a L. Generall in warre; all of them being calledPighius in Aequipet. compos. Praetores, quasi Praeitores qurniam iure & ex∣ercitu praeibant. Answerable to which threefold acception this word Praetorium hath three severall significations: sometimes it signifieth a Princes palace or manour house; sometimes a great hall or place where iudgment was wont to be given; and lastly the L. Generall his pavilion in the campe;Asconius in Verrinam 3. from which last signification it is that those soul∣diers that gaue attendance about that pavilion for the gard of their captaines person are sometimes called Milites Praetoriani, sometimes Cohors praetoria;Christr Fr. Sylvius in Catil. 2^am. and hee to whom the oversight of these souldiers was committed was thence called Praetorio praefectus.

FOR the right vnderstanding of this office wee must first note a difference betweene these two wordes, Aerarium, and Fiscus. Aerarium was a common trea∣sury belonging vnto an whole state or corporation, whēce all publike and commō expences are to be supplied. Fiscus was the Kings or Emperors private coffers: it may be eng∣lished the Kings Exchequer. The keeper thereof was called Advocatus Fisci. There are many other pettie offices with in the citie, which I haue purposely omitted, because there is but seldome mention of them in old autors; and as oftē as they are mentioned, their names doe explaine their of∣fice.

OVer the Provinces at first ruled certaine magistrats sent from Rome by commission from the Romane Senate, called Praetores, whose office was to admi∣nister iustice vnto the Provinciall inhabitants: yea, and if occasion served, to make warre also vpon their enimies; & this was the reason that the number of the Praetors did so increase alwaies, namely accordingly as the number of Provinces did encrease. The warres and tumults in the Provinces sometimes were so great, that the Praetour was not sufficient both to manage warre and execute iustice: wherevpon the Senate thought fit to send another magi∣strate into the Provinces, whom they called a Consul, be∣cause properly the managing of warre belonged vnto the Consul. So that there were at first two ordinary Pro∣vinciall magistrates, a Consul to manage warre, and a Praetour, or L. chiefe Iustice to sit in iudgement. And if these two by a second grant from the Senate did continue in their office aboue the space of an yeare, then were they called Proconsules, & Propraetores. But in processe of time this custome was altered. For then none could bee Procon∣suls, but those alone who had beene Consuls in Rome; nei∣ther could any be Propraetours, which had not beene Prae∣tors at Rome. Their manner being, that the next yeare after the expiration of their offices in Rome they should departe into some certaine province to beare the same offices a∣gaine being not called Consules or Praetores as before, but Alex. Gen. dier. l. 3. c. 3. Proconsules & Propraetores; and for this cause alwaies, so soone as the Consuls had beene created, the Senate did ap∣point certaine Provinces for the Consuls, which being ap∣pointed the Consuls did either agree between themselues, who should go to the one, who to the other; and that was tearmed comparare provincias; or else they did decide the question by lots, and that was tearmed sortiri provincias; howbeit sometimes the Senate did interpose their autori∣ty, and dispose the same. Vnder the Emperours the gover∣nours of some Provinces were appointed by the Senate, & the people, and those were called Proconsules, and the Pro∣vinces, I. Camerar. pro L. Flacco Provinciae Consulares, others were appointed by the Emperours, and they were called Propraetores, and the Provinces Praetoriae Provinciae. For all this, which hath bin noted touching the Provinciall Magistrates, it is almost verbatim translated out ofRosin. An∣tiq. l. 10. c. 24. Rosinus. To which we adde this, namely that every Proconsul and Propraetor did vsual∣ly choose a Lieuetenant such a one as should bee assistaunt vnto him in matters of governement,Pomp. Lae∣tus de magist. Rom. whom they called Legatum. So that this word Legatus signified three several Magistrates amongst the Romanes, two whereof may bee proved out ofSig. de iure Prou. l. 2. c. 2. Sigonius; first that it signified such a Lieue∣tenant or L. Deputy vnder a Proconsul or Propraetour in a Province: secondly, that it signified such a one as is imploi∣ed in the delivery of a message or embassage from one Prince or State to another: we commonly call them Em∣bassadors. Rosin. ant. Rom. l. 10. c. 7. Lastly it signified a Lieuetenant or chiefe cap∣taine in warre, whose place was next vnder the L. General. Moreover every Proconsul and Propraetour had with them certaine Treasurers, called Quaestores Provinciales. These provinciall treasurersSig. de iure Prov. l. 2. c. 3. were chosen by the Romane people commonly, namely such a number as the number of Pro∣vinces did require. After the election they between them∣selues did cast lots who should go vnto the one, who vnto the other Provinces:Sig. ibid. sometimes extraordinarily by ver∣tue of speciall Act or decree this or that speciall man hath obtained this or that Province without any lottery. By the way we must note, that all Provinciall Quaestors could not be called Proquaestores, as all Provinciall Consuls and Prae∣tours were called Proconsules & Propraetores.Rosin. ant. Rom. l. 7. c. 45. For these only were called Proquaestores, which did succeede these Provinciall Quaestors, when they did either die in their of∣fice or depart out of the Province, no successor being ex∣pected from Rome: at which times it was lawfull for the Proconsul or Propraetor to choose his Proquaestor. Moreo∣ver there were beside these Legati & QuaestoresSig. de iure Prov. l. 2. c. 2. other mi∣litary officers; such as are the Tribuni militum, Centuriones, Praefecti, Decuriones, togither with other inferiour officers, as their Secretaries, Baylieffes, Cryers, Serjants, and such like.

HAving spoken of the civill Magistrates, wee will now also descende vnto the civill law: where first we will note among other diffe∣rences betweene Ius and Lex principally these. First Lex signifieth only the law, but Sig. de iud. lib. 1. cap. 7. Ius signifieth also that place, wheresoever the law or iustice was administred; not only if it were ad∣ministred out of the tribunall in the Comitio, or great hall of Iustice, which was tearmed by the lawyers Agere pro Tribunali: but also if it were administred in a private house, or in ones iourney; so that it were by a lawfull Ma∣gistrate, and out of the curule chaire; and this was tearmed by the Lawyers, Agere de Plano: and hence is it, that In ius vocare signifieth to cite one into the court. Secondly Lex signifieth onely the written law, but Ius signifieth equitie; so thatFr. Sylv. in orat. pro Mil. Ius permaneat sempèr, nec vnquam mutetur: Lex verò scripta saepiùs. Notwithstanding these two words are vsed promiscuously one for the other; & therefore leaving all curious differences between those words (whether the Romane lawes were truely Iura or Leges) thus much wee may obserue, that the laws vsed among them were of three sorts; either they were such as were made by severall Ro∣mane kings, and afterward collected & digested into a me∣thod by Papirius,Fr. Sylv. in epist. virorū illus. l. 5. ep. 1. from whom it was called Ius Papirianū: or they were such as the Decemviri brought frō Athens, and were called Leges 12 tabularum: or lastly they were such as the Consuls, the Tribuni Plebis, & such Magistrates did preferre, whence every severall law bore the name of him or them that preferred it. My purpose is to explaine on¦ly this latter sort; and that not all of them, but such alone as I haue obserued in Tully, and that chiefly in his orations. My proceeding shall bee first to shew the divers kindes of iudgements; and then to descend vnto the lawes thēselues, beginning with those which shall concerne the Romane religion, and then proceeding to the others, which con∣cerne the common wealth.

THe Cases to be decided by the law were either pub∣like or private; & accordingly were the iudgemēts, Sig de iure Rom. l. 2. c. 18. Velprivata, in quibus ius suum privatus quis{que} perse∣quebatur: vel publica, in quibus iniuria quae reip. facta erat vindicabatur. The private (as we observed before) belōged vnto the Praetori vrbano & peregrino .i. the L. chiefe Iusti∣ces, who did either giue iudgement themselues, and then were they said Iudicare; or they did appoint others to sit in iudgement, andSig. de Iud. lib. 1. cap. 7. then were they said Iudicium dare: Yea in their absence there were ten called Decemviri Stlitibus iudicandis .i.Rosin. ant. l. 7. c. 29. Super lites iudicandas, who in the same man∣ner, as the Praetor, might either giue iudgement thēselues, or appoint others; for they were even inAlex. Gen. dier. l. 3. c. 16. one place and in steed of Praetors. Those which either the Praetor or the De∣cemviri did appoint to debate the cases vnder them, were taken out of the Centumviri .i.Pet. Ramus in 2^am de le∣ge Agrar. out of certaine Commissi∣oners chosen for that purpose; namely three out of every Tribe or warde; so that in all the number of them amoūted vnto an hundred and fiue, but in round reckoning they went for an hundred; and from a certaine speare that was wont to be erected vp in token of this court, hence was the Sig. de iud. lib. 1. c. 28. Court called either Praetoria Decemviralis, or Centumvi∣ralis hasta. In some cases their forme of acquittance was thus,Sig. de iud. lib. 1. cap. 29. secundum illum litem do; whenceCic. pro Quin. Roscio. Tully saith, Quo minùs secundum eos lis detur, non recusamus .i. wee doe not deny, but they may be acquitted. Those that were cast in their suit, were said Lite vel causâ cadere. The publique Ca∣ses belonged ordinarily (except the Consuls, the Senate, or the people did interpose their authoritie) vnto those whō we called Praetores Quaesitores. Some haueRosin. an∣tiq. lib. 2. c. 18 thought them to be the same with those, whom Rosinus calleth Iudices Quaestionum, and that I thinke not altogether vpon vnsure grounds: first because most of these publique cases, which they tearmed Quaestiones, had theirSig. de iud. lib. 2. c. 4. severall Praetors to enquire them; whence they were called Quaesitores, & may in my opinion be called Iudices Quaestionū, especially see∣ing that those which would haue them bee different offi∣cers, cannot well shew the difference of their offices. Now as the Vrbane Praetor had an hundred cōmissioners vnder him: so had these Praetores Quaesitores certaine Iudges cho∣sen Sig. de iud. lib. 2. cap. 6. by the Vrban or forreigne Praetor, when he tooke his oath, and that not according to his pleasure as many as hee would, or whom he would, but sometimes more, somtimes fewer, sometimes only out of the Senators, sometimes only out of the order of Romane Gentlemen, sometimes out of both; sometimes also out of other orders,Sig. ibid. according as the law appointed, which oftē times varied in those points. The Iudges how great soever the number was, Sig. de iur. Rom. l. 2. c. 18. were cal∣led Iudices selecti, and were divided into severall compa∣nies called Decuriae. These iudges were vpon any citation frō any of the Praetors, to giue their assistance in the Court vpon the day appointed by the Praetor. Now the manner how they did proceed in their iudgement followeth in the exposition of one of the lawes, and therefore I will referre the reader thither. Only let him by the way vnderstand, that whereas Tully is quoted in every law, it is not so much for the proofe of the law, as to signifie, that he in that place maketh mention thereof. For the proofe of the lawes I re∣ferre the Reader to Rosinus and Sigonius: touching the ex∣positions my marginall quotations doe proue sufficiently.

THose laws were tearmed Leges Agrariae, which did concerne the division of the publique or common fields. And these were either given by Romulus and other kings; or taken from the enimies, or from private mē which had made incloasures; or lastly bought out of the common Treasury. Vid.Sig. de iure Ital. l. 2. c. 2. Cic. pro Sext. Sigon.

THis word Tutela doth signifie a wardship, guardian∣ship, or protection of a child in his non age: whereof I. Camerar. in orat pro L. Facco. Camerarius observeth foure sorts, & we may with Pellitarius adde the fift. Either the overseers were appoin∣ted by will; or else the next of the kinne were overseers; or the magistrate did appoint whom he thought fit: and these three sortsI. Omphal. in orat pro Cecinna. Omphalius calleth thus: the first Testamentariā, the second Legitimam, the third Dativam. The fourth sort Camerarius calleth Tutelam fiduciariam, quae eorum est, qui emancipati desijssent esse agnati. The fiftPellitarius pro Cecin. Pellitarius calleth Tutelam honorariam, namely when as the office of admini∣stratiō is cōmitted to others, but yet certaine chiefe over∣seers were appointed to see the will performed, who were called Tutores honorarij.Cic. pro Muraen. Where wee must note, that the law provided overseers, not for children vnder age only, but for women also.

Emancipati desijssent esse agnati] By the Roman law every sonne was in such subiection vnto his father, that before he could bee released of this subiection and made free, hee should by an imaginary saleVid leg 12. tabul. be sold three times by his na∣turall father to another man, who was called by the law∣yers Sig. de iure Rom. l. 1. c. 10▪ Pater fiduciarius .i. a father in trust; yea & be bought againe by the naturall father, and so manumised by him, & then he became free. The forme of this kinde of sale or a∣lienation is set downe more at large in the explanation of one of the laws that followeth, with an example not much vnlike this. This imaginary sale was called Mancipatio; the children thus alienated from the father were tearmed E∣mancipati; this forme of setting free was tearmed Emanci∣patio. This Fduciaria tutela then, in my opinion was thus. That when any goods did fall vnto a child thus alienated, by the death of his father, then should not the oversight of this child fall vnto the next of the kinne tearmed Agnati, but Quoniam desiit esse agnatus .i. because he had in a man∣ner lost his aliance with his kindred, therefore should the oversight of the child belong vnto the father in trust, tear∣med Pater fiduciarius, whence the gardianship it selfe was called Tutela fiduciaria.

BEfore we descend vnto the lawes themselues, we will explaine those three divers sorts of wils in vse amōgst the Romanes. Namely Testamentum calaris comitijs, which was so called, because twice in the yeare in time of peace the Romane people assembled themselues together to this end and purpose, that if any would make his will the whole people might beare witnesse there vnto: these as∣semblies were tearmed Calata comitia. Secondly Testamē∣tum in procinctu .i. when a souldier in time of warre readie to giue battle, did call out three or foure of his fellowes, & in the audience of them did by word of mouth pronounce his last will and testament. Thirdly, Testamentum per emā∣cipationem familiae .i. by making over his goods and posses∣sions vnder a fained forme of sale, vnto a second party cal∣led Haeres fiduciarius & imaginarius .i. an heire in trust, who should afterward resigne them vnto the true and lawfull heire: and this imaginary kind of sale, was performed with certaine solemnities circa aes & libram: and also the sale it selfe was sometimes called Nexus, as likewise Emancipa∣tio. Hence was the will sometimes called Testamentum per aes & libram, sometimes Testamentum per Nexum. For the proofe of this, which hath beene delivered, touching the three sorts of wills I will referre the reader toSig. de iure Rom. l. 1. c. 12▪ Sigonius.

THose lawes were tearmed Leges de Ambitu, which were made against vndirect or vnlawfull courses v∣sed in canvasses for offices.

FIrst touching the word Repetundae, Sigonius saith, that such money was tearmed Pecuniae repetundae, quae possent repeti, which might by the course of lawe bee recovered; Namely such money as any Magistrate, Iudge, or publike officer, did either in the Provinces, or in the citie receaue as a bribe, from the Allies and Associates, or from the Ro∣mane citizens for the administration of iustice, or the exe∣cution of any publike dutie: & this kind of bribe they tear∣med Pecunias Repetundas, pecuniam ablatam, captam, coac∣tam, conciliatam, aversam (Cic. in Ʋerrinis) But as it see∣meth very probable, these lawes against briberie were first occasioned, for the ease and reliefe of the Romane Provin∣ces and Allies, called in Latine Socij, who were much abu∣sed in this kind by the Prov. Consuls, Praetours, & Quaestors, &c. Whence Tully calleth this law against bribery, Legem Socialem.

SI qui in iure manum conserunt, vtrei{que} superstitibus prae∣sentibus vindicias sumunto.

Si qui in iure:] Here we must note, that the custome a∣mong the Romanes in old time was, that as often as any controversie did arise touching the possession of an house, a field, or any such like thing, the Praetor did goe vnto the house, field, or the thing questioned, being accompanyed thither with the Plainteiffe and the Defendant, togither with others whom the law required to be present as wit∣nesses. This place wheresoever it were, though in the open fielde, during the time that the Praetor sate there to giue iudgement, was tearmed in Latin Ius, in English a Court. Where in the presence of the Praetor and the witnesses, the plaintiffe and Defendant did manum conserere, that is, as I. Camerar. pro L. Muraen▪ Camerarius supposeth, argue and dispute the case pro and con in a solemne forme of wordes prescribed them by the law. For this phrase is borrowed by the lawyers from the art military, where souldiers are said manum vel manu con∣serere, when they fight hand to hand. [Vrei{que} superstitibus praesentibus] .i. let both parties in the presence of witnesses (soRosin. ant. lib. 8 c. 29. Festus expoundeth superstites) [Ʋindicias sumunto] .i. Let them take a turffe of the ground: for soSig. de iud. lib. 1. c. 21. Sigonius ex∣poundeth Vindiciae; though properly (as hee observeth) it signified the possessiō of a thing, rather then the thing pos∣sessed. This turffe being taken vp, was caryed to the Prae∣tor, and iudgment was given vpon that, as vpon the whole. I do presume that in other cases, as in taking the possession of an house, &c: some other thing in maner of the urffe was presented vnto the Praetor, vpon which as vpon the whole he gaue iudgement. In Processe of time, the Praetor by reason of the multitude of other imployments, not fin∣ding convenient leasure to review every particular groūd, or house called in question,A. Gell. vid. Rosin. Ant. l. 8. c. 29. it was ordained contrarie to the twelue tables, that the plaintiffe in such cases shoulde come into the court, and challenge the defendant in this forme of words, Ex iure manu consertum te voco .i. I chal∣lenge thee to goe out of the court into the field, to vse one towards the other that solemne forme of words which the law enioyneth. Then did the defendant either yeeld the possession of the ground, or else he did reply, Vnde tume ex iure manu consertum vocasti, inde ib ego te revoco. Thē did they both taking witnesses with them without the compa∣ny of the Praetor inire viam .i. goe into the ground bringing back a turffe thereof, vpon the which (as in maner shewne) the Praetor gaue iudgement at their returne.

For the better vnderstanding of this that hath been spo∣ken in the explanation of this law, we must note, that the action tearmed Vindicatio was twofold: either the suit for the possession of a thing, or the suit for the Lordship or right owning thereof. The possessiō of any thing was reco∣vered, either by a true & real violence, or by a seeming vio∣lēce. This seeming violence was twofold, either it was ma∣nus cōsertio, which was shewne immediately before; or Mo¦ribus deductio .i. a customary leading the vnlawfull possessor out of the groūd thereby to enter possessiō. Vis simulata al∣tera à lege, altera emanavit à moribus; saithde iudic. lib. 1. cap. 21▪ Sigon. The first of these did arise from the Romane law, the other from a custome amongst the Romanes: the first of these is to bee seene in Tully his oration pro Muraena, the other pro Caecin∣nâ. To these Sigonius addeth a third kinde of seeming vi∣olence; which how iustly he hath tearmed a violence, I shal leaue to the indifferent iudgement of the vnpartial reader. The right of the Lordship or owning any thing was sued for in this maner: The plainteiffe did question with the de∣fendant thus; first An auctor esset? .i. whether hee had not covertly made away the possession of the thing, thereby to frustrate the action. Secondly, An sponderet .i. whether he woulde put in a gage of mony into the court, which hee would forfeit if he were cast; which being done, the plaine∣teiffe did also vpon the demande of the defendant put in a gage of mony to be forfeited, if he prevailed not in his suit. This gage of mony was tearmedSigon. de iu dic. lib. cap. 21▪ sacramentum; and in this sense, Tully pro Milone, saith, Iniustis vindicijs, & sacra∣mentis alienos fundos petunt, that is, they sue for other mens grounds, with vniust actions and gages of mony. Thirdly, An satisdaret, that is, whether hee woulde put in surety, that during the triall in law, the ground or house called in question should not be impaired. The so∣lemne forme of words vsed in the first demande, is thus to be seene inCic. orat. pro Muraena & pro Coeci∣na. Tully, Quando in Iure te conspicio, postulo anne sies auctor? If the defendant held his peace, then was he ad∣iudged to pay all costs & damages; if he professed himselfe the present possessor, then did the plainteiffe proceed in mā∣ner as he should for the possession thereof; if he denyed it, then did the Praetor say vnto the plainteiffe, Quando negat, sacramento quaerito: Therevpon said the plainteiffe to the defendant, Quando negas, te sacramēto quinquagenario pro∣voco, spondesne te soluturum quinquaginta asses, si auctor sis? To whom the defendant replyed, spondeo quinquaginta as∣ses si auctor sim. Tu verò spondesne idem, ni sim? The plaine∣teiffe answered, Ego quo{que} spondeo. Now in this kinde of sti∣pulation, the plainteiffe was said sponsione & sacramento pro vocare, sacramento rogare, quaerere, & stipulari .i. to chal∣lenge one to pawn a summ of mony for the trial of a suit in law. The defendant was said, cōtendere ex provocatione, cō∣tendere sacramento, & restipulari .i. to be sued in such man∣ner. This mony was tearmed sacramentū,Sig. de iud. lib. 1. cap. 21. because when it was forfeited, it was bestowed in rebus sacris & divinis. Touching the last Interrogatory, I reade no set forme of words, but by the word satisdatio, the intelligent reader may coniect that it did somwhat symbolize with our Eng∣lish custome of putting in bale.