>- < ^ 5:> ^^^t•LIBRARYG<• -^IIIBRARYQ^^ ^\\EUNIVERS'/A ^jo^ o ^&Abvaan# > so -^^^•IIBRARYQa ^^tUBRARYQc A\^EUNIVER% A>:10S^ =0 c? ^JITVDJO^ ^' J0>' '^OJUVD-JO- ^0F-fALIF0/?4^ ^OFCALIF0/?/j ^^ ^lOSANCElfj^. ^tllBRARYQ^^ -^IIIBRARY^, "^/^aJAINa-JlV^ '^«!/0JITV3JO^ XcOFCAllF0%, ■^OJIIVJ-JO' ^.OF-CAllFOff^ &Atjvaan-i^ >&A«vaaii-^^ ^l-lIBRARYQc. ^tUBRARYO/C^ \WEUNIVER%. avIOSANCEI^, '^ii/OJIlVJJO^ "^OJITVa-JO-^ • 14 Chap. VI. Of the Roman Affairs from Domitian to ths end of Gonftantine;/j£' Great. p. zi Chap. VII. Of the Roman Affairs from Conflantine the Great to the I'aking «'/Rome i^_^ Qdoacer, and the fitiin of the ^jTefian Empire, p. 26 PART CONTENTS. PART II. BOOK I. Of the City. H A P. I. Of the Pomoerium, and of the Form and Bignefs of the City, accoiding to the feven Hills, p. ip Chap. II. Of the Di'uijion of the City into Tribes and Regions 'y and of the Gates and Bridges. /*• H Chap. III. Of the Places of IVorJInp-, particularly of the Temples and Luci. P- l^ Chap. ly. Of the Theatres, Amphitheatres, Circo's, Nanmachi^, Odea, Stadia, and Xyfti, and of the Campus Martius. /*• 45 Chap. V. Of the Curia;, Senacula, BafiliciE, Fora and Comitium. p. 47 Chap. VI. Of the Portico's, Arches, Columns and Trophies. /'•ft Chap. VII. 0///^^ Bagnio's, Nymphsea, Aqucedufo, Cloaca:, and Pubhck-Ways. p. y6 BOOK II. Of the Religion of the Romans. CHAP. I. Of the Religion and MoraHty of the Romans in general. p. 6\ Chap. il. Of the Lupcrci, Lupercalia, ^c. Of theVo' titii and Pinarii ; and of the Arval Brothers, p. 64. Chap. III. Of the Augurs, Auguries, ^c. p. 67 Chap. IV. Of the Arufpices and Poncifices. p. 6p Chap. V. Of the Flamines, Rex Sacrorum, Salii, Fe- ciales and Sodales. P-7^ Chap. VI. Of the Veftals, p. 77 Chap- CONTENTS. Chap. VII. Of the Duumviri, Decemviri andQmndt- cemviri, Keepers of the Sibylline J^Fritings^ and of the Corybantes vr Pricfis ofCyhcle^andtbe Epulones./J.yp Chap. VIII. Of the R.om^n Sacrifces. p. 84 Chap. IX. Of the Roman Tear. p. 85 Chap. X. Of the Dijiintlion of the Roman Days. /». 89 Chap. XI. Of the Kalends^ Nones and Ides. p. pi Chap. XII. Uhe mofi remarkable Fefiivals of theR.om^ns, as they Jiand in the Kalendar. p. 92, BOOK III. Of the Chil Government of the Romans. CHAP. I. Of the general Diviftons of the People, p. 9J Chap. II. Of the Senate. p. loi Chap. HI. Of the general Divijiom of the MagfftrateSy and the Candidates for Offices. P- ^^f Chap. IV. Of the Consuls. p. 107 Chap. V. Of the Didator, and his MaJIer of the Horfe. p. I op Chap. VI. 0//i?^ PriEtors. p. i\i Chap. VII. Of the Cenfors. p. iiz Chap. VIII. O///:?^ Quasftors. p. 114 Chap. IX. Of the Tribunes of the People. p. 1 1 f Chap. X. Of the iEdiles. ^.116 Chap. XI. Of the Decemviri. P- '^'^7 Chap.XU. TribuniMilitumConfukriPoteftate./j.iip Chap. XIII. Civil Offices of lefs Note, or of lefs frequent Occun'encein Author s^and of the Ptihlkk Servants, p.izo Chap. XIV. Of the Provincial Magif rates -, and firfi of the Proconfuls. p. 1 24 Chap. XV. Of the Provincial Praetors jW Propr^tors, $hs Lcgati, Qu^eitors and Proqujeftors. pi ^7 Chap. CONTENTS, Ghap. XVI. Of the Comitia. p. laJ Chap. XVII. Of the Roman Judgments-^ and firji of Private Judgments. P- ^^^ Chap. XVUI. Of Publick Judgments. /'• ^37 Chap. XIX. Judgments of the whole People: p. 141 Chap, XX. Of the Roman Punifhments. p. 14^ Chap. XXI. Of the Roman Laws in general, p. 148 Chap. XXII. Of the Laws in particular -y and firfi of thofc relating to Religion. p. ij'o Chap. XXIII. Laws relating to the Rights and Privi- leges of the Roman Citizens. p. ifz Chap. XXIV. Laws concerning Meetings^ 8cc. p. i^^ Chap. XXV. Laws relating to the Senate. p. if 6 Chap. XXVI. Laws relating to the Magiflrates. p. 157 Chap. XXVI f. Laws relating to Publick ConfiitutionSy Laws and Privileges. p. 160 Chap. XXVIII. Laws relating to the Provinces and the Governours of them. p. 161 Chap. XXIX. Leges Agrari^, or Laws relating to Di' vifions of Lands among the People. P' ^^^ Chap. XXX. Laws relating to Corn. p. i6<^ Chap. XXXI. Laws for the regulating Expences. p. 166 Chap. XXXII. L^wi' relating to :\dartial J fairs, p. 168 Chap. XXXIII. DeTuteliSjoriL^wj concerning TVard- flnps. p. i(Sp Chap. XXXIV. Laws concerning Wills,^ Heirs andLe^ gacies. p- 170 Chap. XXXV. Laws concerning Money ^ ^fi^yy ^c. ibid. Chap. XXXVI. Laws concerning the Judges, p. 171 Chap. XXXVII. Laws relating to Judgments, p. 175 Chap. XXXVIII. Laws relating to Crimes. ibid. Chap. XXXIX. Mifcelkny La-WS not fpoken of under the general Heads, p. 1 80 BOOK CONTENTS. BOOK IV. The Roman Art of TVar, CHAP. I. The Levies of the Roman Foot. Page 185 Chap. II. Levy and Review of the Cavalry, p. i8f Chap. III. The Military Oath, and the Levies of the Confederates. p. 188 Chap. IV. Of the Evocati. p. 189 Chap. V. Of the fe-veral Kinds of the Roman Foot 5 and their Divifton into Manipuli, Cohorts and Le- gions. />. ipo Ghap. VI. The Divifion of the Cavalry ^ and of the Allies. p. i5ji Chap. VII. The Offices in //^^ Roman Army : And^firfl^ Of the Centurions and Tribunes j with the Commanders of the Horfe., and of the Confederate Forces. />• IPJ Chap. VIII. Of the Legati, and the Imper^itor, or Ge- neral, p. 196 Chap. IX. Of the Roman Arms and Weapons, p. ipp Chap. X. The Order of the Roman Army drawn up in Battalia. P- 2.0^ Chap. XI. The Enftgns and Colours; the Mufick-^ the IVord in Engagements j the Harangues of the Gene- ral, p. 207 Chap. XII. The Form and Divifion of the Romapi. Camp. p. zio Chap. XIII. Of the Duties^ Works and Exercifes of the Soldiers. p. ziz Chap. XIV. Of the Soldiers Pay. p. 214 Chap. XV. Of the Military PunifJjmcnts. />• iip Chap. XVI. Of the Military Rewards. p. Izq Chap. XVII. The Roman Way of declaring War^ and of making Leagues. p. 219 b Chap. C O N T E N t S. Chap. XVIII. The Roman Method of treating the Peo* pie they conquer' d-y ivith the Conjiitution of the Colo- nic, Municipia, Prefefturx, and Provinces, p. 2^1 Chap. XIX. The Roman IVay of taking Towns^ with the mofi remarkable Inventions and Engines made ufe of in their Sieges. P- ^^f Chap. XX. The Naval Affairs of the Romans. />. 159 BOOK V. J Mtfcellany Ctifloms of the Romans. CHAP. I. Of the private Sports and Games, p. 247 Chap. II. Of the Circenftan Shows ', and firfl of the Pentathlum^ the Chariot Races, the Ludus-Trojar, and the Pyrrhica Saltatio. p. if s Chap. III. Of the Shows of wild Beafls^ and of the Naumachiae. p. 26^ Chap. IV. O//^^ Gladiators. p. 270 Chap. V. Of the Ludi-Sc enici, or Stage- Plays ^ and firfl., Of the Satyres, and the Mimick- Pieces-, with the Rife and Advances of ftich Entertainments among the Romans. p. 282 Chap. VI. 0/?/j^ Roman Tragedy and Comedy, p. 286 Chap. VII. Of the [acred, votive and funeral Games, p. 2p<5 Chap. VIII. Of the Roman Hahit. p. 306 Chap. IX. Of the Roman Marriages. p. 326 Chap. X. Of the R.oman Funerals. ^-^34 Chap. XI. Of the Roman Entertainments. p. 35f Chap. XII. Of the Roman Names. p. 370 Chap. XIII. Of the Roman Money. p. 372 INDEX Rerum Sc Verborum. ESSAY i^g3tBg!gKgaiMCiBawiiBJ8p>iiB^ ESSAY I. Of the Roman Learnt. HOEVER confiders the itrange Beginning of the Roman State, the Frame and Conltitution on which it was firlt fettled, together with the Qua- lity of the original Members, will think it no Wonder that the People, in that early Age, fhou'd have a kind of Fiercenefs, or rather Wildnefs in their Temper, utterly averfc to every thing that was polite and agreeable. This favage Difpofition by degrees turn'd into a tigid Severity, which encourag'd them to rely foiely on the Force of their Native Virtue and Honour, v/ithout being be- holden to the Advantage of Art, for the Improvement of their RealbUj or for the Affiftance of their Courage. Hence a Groff- nefs of Invention pafs'd current with them for Wit, and Stu- dy was look'd on as an unmanly Labour :Efpecially while thef found, that their exad Difcipline and unconquer'd Rcfolution, render'd them Mafters of Nations much m.ore knowing than themfelves. All this is frankly acknowledg'd by their own Authors : LiteriC in homine Romano go for a Wonder with T^nlly .{a). And Firgil^ in a Reign when all the Civility and Learning of the World were tranfplanted to Rome, chufeth to make the Arts of Government and War the diftinguilhing Ex- cellencies of his Country-men. Excudent alii fpiranfia moUius ara. Credo equidem : vivos ducc/it de marmore valtfis ; Orabunt caufas melius ; coelique meatus Defer ibent radio, ^ furgentia fydera dicent i T/z regere imperio populos, Romaae, memento: (<») £>« A^4r, Dtor, lib. i. Dt Sok^ht. h z m ii E S S Ar \. Hcc tibi erunt artes : paci^^fue imponere morem '. Parcere fuljedis^ ^ debellare juperbos {a). Others fhal! beft infpire the mimick Brafs, Or out of IVlarble carve a living Face; Plead Avith more Force, and trace the heavenly Roads, Dcfcribing the wide Empire of the Gods : The w^andring Stars to fleady Rules confine, And teach expcding Mortals when they'll fliine. Thee Heavens, brave Roman^ form'd for high Command, Be thefe thy Arts, from thy vidorious Hand To make glad Nations own their Peace beftow'd, To fpare the Suppliant, and pull down the Proud. The Reafon which Horace gives for the flow Advances of Poefy, will hold in every other Part of polite Learning. Serus cn'irn Gracis admovit acumina chartis (b). Their little Acquaintance with the fine Wits of Greece^ who had fettled the Staple of Arts and Learning in that Country, depriv'd them of an Opportunity to cultivate and beautify thetr Genius, which was form'd by Nature capable of the higheft Attainments. Some kind of Poetry, indeed, they had in their rultick Times ; but then the Verfes were fuch rude doggrel Stuff, as old Knn'tHs defcribcs : — Quales Fdun't latefque canebant^ Quom nequc Mufarum fcopiiLs qaifquam fuperdrat., ,.(j, Nee didi Jliidtofus erat. . ^ Cfccro is inclin'd to think, That the old Romans might prd- bably have gain'd fome little Knowledge inPhilofophy from the Inftrudtions of Fythaji^oras^ the fiimous Author of the Ital'ick Seft, who flourifli'd in Italy about the fame time as the Tar- quins were cxpelTd the City. But the antient Cultom of Sing- ing to the Flute the Praifes of famous Men at great Entertain- ments, is the only Relique he can find of this Doftrine, which was deliver'd in Poetical Numbers [c). ■>'' Their Intercourfc with Greece begun upon their undertaking the Defence of that Country, againft Phtiip of Macedon^ who had a Defign on its Liberty, about the Year ofRor^ef^s; when, according to their ufualPradice, under the Name of Deliverers, {«) .^neid. 6. ip) Lib. 2, ppjft, I . {c) Ckcro Jy.p. S« ro improve and cul- tivate their iVlind {c). In a few Years their Examples and Inurudions had wrought fuch a itrauge Converlion in the Roman Youth, that the Senate fearing lert the antient Difciplinc fnon'd by this means be cor- rupted, and the Minds of the People foftcn'd and enervated by Study, confulted how lo put a Stop to this Vein of Pclitcnefs, fo contrary to the rough and warlike Difpolitions of their j;) Virgil. Eclog. 6. own Of the Roman Learning. xi own Life i his Exhortation to Philofophy, with fcveral other Works in Profe; his Book of Hexameters, and another of Epi- grams, all confidcr'd together, may equal him with the moil learned Princes in Story. Being thus arriv'd at the higheft Point of the Roman Attain- ments, it cannot be unpleafant to look about us, and to take a fhort Survey of the Produ61:ions in every Kind. Eloquence in- deed will appear at fomc Diftance, rather in the Auguflan Age, than in Augujius'% Reign, ending in Cicero^ at the Dilfolution of the Common -wealth. Not that his Death was properly the Ruin of his ProfelTion ; for the Philofopher might have liv'd much longer ; and yet the Orator have been gone ; when once the ancient Liberty was taken av/ay, which infpir'd him with all his lofty Thoughts, and was the very Soul of his Harangues, But then the Bounds of Hiftory and Poefy were fix'd under the Emperor's Protediiion, \isLtv'j^ Virgil^ and Horace. And if we defire a View of Philofophy, the Two Poets will account for that, as well as for their own Province. I think none will deny Horace theElogy given him by a cele- brated Writer, ^that he was the greateji Majler of Life., and of true Senfe in the CondtiB of it {a). Efpecially fince the Author of that Judgment is one of thofe whom f had he liv'd then) Horace himlelf wou'd have willingly chofe for his Judge; and inferted in that fhort Catalogue of Men of Wit and Honour, whom he defired (hould approve his Labours (b). Whether or no the common Saying be true, that if all Arts and Sciences were lolt, they might be found in Vkgil.^ it's plain he div'd very deep into the Mydcries of natural Science, which he fets forth in all its Ornaments, in fcveral parts of his fublime Work. And in that admirable place of his Second Georgtc, when he expreffeth, in a fort of Tranfport, his Inclinations to Poefy, he feems to direft its whole End towards the Specula- tions of the Philofophers, and to make the Mufes Hand-m.aids to Nature. Me vcrdprimum dulcet ante omnia Mtff,^., Qfiarum facra fero ingent: pcrcufj'us arnore., Accipiant., coelique vias ^ fydern rnonjlrent^ Dejeihis folis zarios^ Lunaque laborcs : () Aich-Bifliop Tiliotfon's S^fmon of Educitioft. Of the Roman Education* xvii ** Cornelia^ /Jurelia and Att'ia^ Mothers to the Gracchi^ 'Julius *' defar and Augujius^ are reported to have undertaken the " Office of GovernefTes, and to have employ'd themfelves in " the Education of Noblemens Children. The Stri6tnels and " Severity of fuch an Jnltitution had this very good Defign, " That the Mind being thus preferv'd in its primitive Inno- •* cence and Integrity, and not debauch'd by ill Cuftom or ill " Example, might apply itfelf v^ith the greatell Willingnefs to " liberal Arts, and embrace them v^^ith all its Powers and Fa- " culties. That, whether it was particularly inclin'd either " to the Profeffion of Arms, or to the Underllanding of the " Law, or to the Pra6tice of Eloquence; it might make that *' its only Bufinefs, and greedily drink in the whole Knowledge " of the favourite Study. " But now the young Tnfant is given in Charge to fome poor " GriC«.«« Wench, andoneortwoof the Serving-men, perhaps, " are join'd in the Commiliion ; generally the meanelt and moft *' ill-bred of the whole Pack, and fuch as are unfit for any fed" " ousBulinefs. From the Stories and Tattleof fuch fine Gom- " panions, the foft and tiexible Nature mull: take itsfirftlmpref^ " fion and Bent. Over the whole Family there is not the leaft " Care taken of what is faid or done before the Child ; while *' the very Parents, inftead of inuring their dear little Ones to " Virtue and Modefty, accuftom them, on the quite contrary, " to Licencioufnefs and Wantonnefs, the natural Refult of " which, is a fettled Impudence, and a Contempt of thofe t( very Parents, and every Body elfe. Thusaltho' the Care and Initruftionof Youth, among the old Romans^ had been provided for by the Publick Laws, as in the Spartan State, yet the voluntary Diligence of Parents would have made all fuch Regulations liiperflnoas. Among the Domelb'ck Cares, it will not be from the Purpofe to take particular Notice of one, which requir'd little Trouble or Difficulty, and yet prov'd as Beneficial and Serviceable as any other Inltkution : I mean the ufing Children to fpeak the Language purely at firft, by letting them hear nothing but the truelt and moll proper Phrafe. By this only Advantage feveral Perfons arriv'd at no ordinary Repute in the Forum^ who wers lb unhappy as to want many other Qualifications. TuUy fays that xhcGracchi were educated, non tarn in grew'to^ quam in fermune Matris : And he reports oi C.Curio^ who was xeckon'd the third Orator of his Time, that he underftood no Poet, had read no Books of Eloquence, had made ooH^ftorical irvKi E S S AY Wr Golleflions; and had no Knowledge of the PubHck or Private Part of the Law. The only Thing which gain'd him his xApplaufe •was a clean, fhining Phrafe, and a ludden Quicknels and Flu- ency of Expreffion. 1 his he got purely by the Benefit of his Pri- vate Education ; being us'd to luch a corred and polifli'd way of fpeaking in theHoufc where he was brought up (a). For Mailers, in the firrt Place, they had the Lheratores^ or Te^lMyLAT.ra.'^ who taught the Children to w'rite and read : To thel'e they were committed about the Age of Six or Seven Years (h). JBeing come from under their Care, they were fent to the Grammar Schools^ to learn the Art of fpeaking well, and the underftanding of Authors: Or more frequently, in theHoufe of great Men, Ibme eminent Grammarian was entertain'd for that Employment. ■ It is pleafant to confider, what Prudenoe was us'd in thefe~early Years, to inftil into the Children's Minds, a Love and Inclination to the Forum^ w' hence they were to exped the greateft Share of their Honours and Preferments. For Cicero tells Atticus, in his Second Book <^^ Lt;^//^ ax. That when they were Boys, they us'd to learn the famous Laws of the Twelve Tables by Heart, in the fame Manner as they did an excellent Poem. And Plutarch relates in his Life of the younger Cato^ That the very Children had a Play, in which they acted Pleadings of Caufes before the Judges ; accuiing one another, and carrying the condemii'd Party to Prifon. The Mailers already mention'd, together with the InftruQors in the feveral Sorts of manly Exercifes, for the improving of their natural Strength and Force, do not properly deferve that Name, if fet in View with the Rhetoricians and Philofophers ; who, af- ter that Reafon had difplay'd her Faculties, and eftablifh'd her Command, were employ'd to cultivate and adorn the Advan- tages of Nature, and to give the lafl Hand toward the forming of a Roman Citizen. Few Perfons made any great Figure on the Scene of Adion in their own time, or in Hiftory after- wares, who, belides the conilant frequenting of Publick Le- dtures, did not keep with them in the Houfe fome eminent Pro- fellor of Oratory or Wifdom. I have often thought, That one main Reafon of the prodigious Progrefs made by young GentUmen, under thefe Private Tu- tors, was the perfedi Love and Endearment which we find (t) Cic, m Brut. (t) Vid. Dacier ad HQrat, Sat, i. Lib. i. to Of the R o M A N Education. xix to have been between Mafter and Scholar, by which Means Government and Inftru£tion proceeded in the fweetefl: and eafi- efl: way. AH Perfons in tlie happy Ages of Rome had the fame Honour and Relpeft for their Teachers, as Perfms had for his Mafter, Comutus the Stoick^ to whom addrefling himfelf in his fifth Satyr, he thus admirably defcribes his own Love and Piety to his Governour, and the ftrid Friendship that was between them : Cumque iter amh'iguum efl^ iff vita nefcius error Diducit trepidas rarnofa in cornptta rnentes^ Me tibi fuppofui : teneros tit fufcipis nnnos Socratico, Cornute, yz»« ; tunc failere [olers Appojita intortos extendit regida mores ; Kt premitur ratione animus^ vincique labor at ^ Artificemque tno ducitfub pollice -vultum, Tecum etenim longos r/iemini confirmere files ; Et tecum primas epulis decerpere nodes. JJnum opus., ^ requiem pariter difponimus ambo^ Atque verecundd laxar/tus feria men fa. Non equidem hoc dubites amborum focdere certo Confentire dies, (jf ab uno fidere duci. Hojira i}el aquali Jufpendit tempora libra IP area tenax veri., feu nata fidehbus hora Dividit in Geminos concordia fata duorum ; Saturnumque gravem nofho Jove fregimus zma. Nefcio quod, certe ejl quod me tibi temperat aflrurn. Juft at the Age when Manhood fet me free, I then depos'd my felf, and left the Reins to thee : On thy wife Bofom I repos'd my Head, And by my better Socrates was bred. Then thy ftraight Rule fet Virtue in my Sight, The crooked Line reforming by the Right. My Reafon took the Bent of thy Command ; Was form'd and polifh'd by thy skilful Hand. Long Summer-days thy Precepts I rehearfc. And Winter-nights were fhorl in our Converfe. One was our Labour, one was our Repofe ; One frugal Supper did our Studies clofe. Sure on our Birth fome friendly Planet Ihone, And as our Souls, our Horofcope was one : c 3 Whether tx E s s ^r n. Whether the mounting Twins did Heaven adOrK-, Or with the i'i(:ng Balance we were born. Both have the fame ImpreiTion from above. And both have Sat urn % Rage, repell'd by y.ove. What Star i know not, but fome Star I find, Has giv'n thee an Afcendant o'er my Mind. [Mf . Dryden. Nor was the Reverence paid by the Publick to the Informers of Youth, lefs Remarkable than the Efteem and Duty of their Scholars. Which makes Juve-aal break out into that elegant Rapture: D'ti majnrurn umhris teyiuem l^ fv/ie ponder e terram^ Spirantcfque crocos^ CJ* in urnd perpetHHm ver^ Qui prceceptorern faniii voluere parentis s Ejfe loco {a). In Peace, ye Shades of our great Grandfires, reft; No heavy Earth your facred Bones moleft. Eternal Springs and rifing Flower^ adora T'he Reliques of each venerable Urn : Vv'ho pious Reverence to their Tutors paid, As Parents honour'd, and as Gods obeyM. [Mr. Charles Dry den. At the Age of Seventeen Years, the young Gentlemen, when they put on the -maMly Gown^ were brought in a folemn Man- ner to the Foriim^ and enter'd in the Study of Pleading : Not only if theydciign'd to make this their chief ProfelTion, but altho' their Inclinations lay rather to the Camp. For we fcarce meet ■with any famious Captain who was not a good Speaker; or any eminent Orator, who had not ferv'd fome Time in the Army. Thus it was rcquifite for al! Perfons, W'ho had any Thoughts of rifing in the World, to make a good Appearance, both at the Bar, and in the Field; becaufe, if the Succefs of their Valour and Conduft fhou'd advance them to an,y confiderable Port, it wou'd have prov'd almofi impoHible, without the Advantage of Eloquence, to maintain their Authority with the Senate and People : Or, if the Force of their Oratory fhou'd in time procure them Of the Roman Education. xxi them the honourable Office of Prator or Confu!^ they would not have been in a Capacity to undertake the Government of the Provinces, (which fell to their Share at the Expiration of thofe Employmentsj without fome Experience in military Com- mand. Yet becaufe the Profeffion of Arms was an Art which woii'd eafily givethem an Opportunity of iignalixingthemfelves, and in which they wou'dalmoft naturally excell, as Uccalionsfhould be afterwards offer'd for their Service ; their whole Application and Endeavours were dircdcd at prefent to the Study of Law and Rhetorick, as the Foundations of their future Grandeur. Or, perhaps, they, now and then, made a Campaign, as well for a Diverfion from feveral Labours, as for their improvement in martial Difcipline. In the Dialogue de Oraiorih»s, we have avcryraod Account of this Admiffion of young Gentlemen to the Fomm^ and of the Neceffity of fuch a Courfein the Common-wealth ; which coming from fo great aMafter, cannot fail to be very pertinent and inltrudlive. " Among our Anceftors, fays the Author, the Youth who was " delign'd for the Forum^ and the Pradiceof Eloquence, being " now furnifh'd with the Liberal Arts, and the Advantage of a *' Domeftick Inftitution, was brought by his Father, or near Rela- " tions, to the moil celebrated Orator in the City. Him heus'd " conftantly to attend, and to be always prefent at his Perform- " ance of any Kind, either injudicial Matters, or in the ordinary *f AlTemblies of the People : So that by this Means he learn'd to *' engage in the Laurels and Contentions of the Bar, and to ap- *-' prove himfelf a Man at Arms, in the Wars of the Pleaders. ^' For in that ancient Conftitution of a mix*d State, when the " Differences were never referr'd to one fupream Perfon, the " Orators determin'd Matters as they pleas'd, by prevailing on " the Minds of the ignorant Multitude. Hence came the Am^ " bition of popular Applaufe: Hence thegreat Variety of Laws " and Decrees : Hence the tedious Speeches and Harangues of the " Magiftrates, fometimcs cirry'd on whole Nights in the Rofira : " Hence the frequent Indidtment and Impleading of the powerful " Criminals, and the expofing of Houfes to trie Violence and ''*• Fury of the Rabble: Hence theFadions of the Nobility, and " the conftaut Heats and Bickerings between the Senate and " People. All which, tho'in a great meafure they diftradled the " Common- wealth, yet had this good Eff^dl, that thcyexercis'd " and improv d the Eloquence of thofe Times, by propofing c 4 " thQ xxii E S S AT \l. *' the highefl Rewards to that Study. Becaufe the moreexcel- *' lent any Perfonappear'd in the Art of Speaking, the moreea- *' fily he arriv'd at Honours and Employments ; the more he *' furpafs'd his CoUegue in the fame Office, the greater was his *' Favour with the leading Men of the City, his Authority with *' the Senate, and his Renown and Efteem among the Commons. " Thefe Men were courted and waited on by Clients even of " Foreign Nations : Thefe, when they undertook the Com- *' mand of Provinces, the very Magiftrates reverenc'd at their *' Departure, and ador'd at their Return; Thefe the higheftOf- " fices of Prators or Confnl feem'd to require, and call for, and *' court their Acceptance : Thefe, when in a Private Station, *' abated very little of their Authority, while they guided both " the Senate and the People by their Counfel. For they took *' this for an infallible Maxim, That without Eloquence 'twas " impoflible either to attain or to defend a confiderableTruftin " the Common- wealth : And no Wonder, when they were *' drawn to Bufinefs, even againft their Will, and compell'd to ** fhew their Parts in Publick. When 'twas reckon'd but an *' ordinary Matter to deliver one's Opinion in fhort before the *' Senate, unlefs a Man cou'd maintain and improve it with the " engaging Ornaments of Wit and Elegance. When if they *' had contrafted any Envy or Sufpicion, they were to anfwer " the Accufer's Charge in Perfon. When they cou'd not fo much *' as give their Evidence, as to publick Matters, in Writing; but " were oblig'd to appear in Court, and to deliver it with their *' own Mouth. So that there was not only a vafl: Encourage- " ment, but even a NecelTity of Eloquence: To be a fine Speaker *' was counted Brave and Glorious ; on the other hand, to adl " only Q.r/zutePerfo ft, on the Publick Stage, was Scandalous and " Reproachful. And thus a Senfe of Honour, and Defire of " avoiding Infamy, was a main Incitement to their Endeavours " in thefe Studies; left they (hou'd be reckon'd am.ong the Cli- " ents, father than among the Patrons ; left the numerous De- " pendances tranfmitted to them from their Anceftors, Ihou'd " now at laftpafs into other Families, for want of an able Sup- " porter; left, like a fort of ufelefs and unprofitable Creatures, " they Ihou'd either be fruftrated in their Pretenfions to Honour " and Preferments, or elfe difgracethemfelves and their Office, '' by the Mifcarriages of their Adminiftration. Crajfus and Antonius^ the Two chief Managers of the Dif- courfe in Tully*% firft Book de Oratore^ are reprefented as very oppofite in their. Judgments, concerning the neceflary Improve- ments Of the Roman Education, xxiii ments of an accomplilli'd Orator. The former denies any Per- ibn the Honour of this Name, who does not pofTefs in fome Degree, all the Qualities, both native and acquir'd, that enter into theCompofcition of a general Scholar. The Force of his Argument lies in this, That an Orator ought to be able to de- liver himfelf copioufly on all manner of Subje£l:s; and he does not fee how any one can anfwer this Charader, without fome Excellency in all the Myfteries of Arts and Learning, as well as in the happy Endowments of Nature. Yet he would not have thefe Acquifitions fit fo loofe about him, as to be laid open to the Bottom on every Occafion ; but that ('as a great Man exprefleth \t) they fhould rather be enamelled in his Mind^ than embofs'd upon it. That, as the Criticks in Gates and Geflures will ealily difcover by the Comportment of a Man's Body, whether he has learn'd to dance, though he does not pra6iifehis Art in his ordinary Motion : So an Orator when he delivers himfelf on any Subjedl, will eafily make it appear, whether he has a full Underllanding of the particular Art or Faculty on which the Caufe depends, though he does not difcourfe of it in the Manner of a Philofopher, or a Mechanick. Antonitis on the other hand, refleding on the Shortnefs of Human Life, and how great a Part of it is commonly taken up in the Attain- ment of but a few Parts of Knowledge, is inclin'd to believe, that Oratory does not require the accelTary Attendance of its Sifter Arts ; but that a Man may be able to profecute a Theme of any Kind, without a Train of Sciences, and the Advantages of a learned Inftitution. That, as few Perfons are to feek in the Cultivating of their Land, or the Contrivance and Elegance of their Gardens, though they never read Cato de Re Rujiica^ or Mago the Carthaginian: So an Orator may harangue with a great deal of Reafon and Truth on a Sub- je£t taken from any Part of Knowledge, without any farther Acquaintance with the nicer Speculations, than his common Senfe and Underftanding, improv'd by Experience, and Con- verfation, fhall lead him. " For who ever (fays he) when he *' comes to move the Affeflions of the Judges or People, ftops " at this, that he hath not Philofophy enough to dive into the " firft Springs of the Paffions, and to difcover their various " Natures and Operations ? Befides, at this Rate we muft quite " lay afide the Way of railing Pity in the Audience, by repre- " fentingtheMiferyof adiftrefs'dParty,ordefcribing ('perhaps) " the Slavery which hQ endures : When Philofophy tells us, ' That xxiv E S S A 7" II. *' That a good Man can never be miferable, and, that Virtue f is always abfolutely free- Now as Cicero^ without doubt, fat himfelf for the Pidure, ■which, in Crajjus's Name, he there draws of an Orator, and therefore (Irengthens his Arguments by his own Example as well as his Judgment; fo Aafonitts^ in the next Dialogue, does not flick to own, than his former Allertion was rather taken up for the Sake of d'lfputing and encountering his Rival, than to deliver the juft Sentiments of his Mind. And therefore the gentile Education in the politer Ages of Rome^ being wholly direfted to the Bar, it fcems probable, that no Part of ufeful Knowledge was omitted, for the improving and adorning of the main Study ; and that all the other Arts were courted, though not with an equal Paffion. And upon the Whole it appears, that a ftrange Affiduity, and unvireary'd Application, were the very Life and Soul of their Defigns. When their Hiftorians defcribe an extraordinary Man, this always enters into his Charadter as an eflential Part of it, that he was incre- dihili wdufiria^ dili^ejttia fingular't ; oj incredible Indujlry^ of fingular Diligence (a), hnd Cato in Salluji tells the Senate, That 'twas not the Arms fo much as the Induflry of their An- cefrors which advanc'd the Grandeur of Rome : So that the Founders and Regulators of this State, in makir:g Diligence and Labour neceuary Qualifications of a Citizen, took the fame Courfe as the Poets will have Jupiter to have thought on, when he fuccceded to the Government over the Primitive Mortals : -Pater ipfe coJend Haud facile m ejje viam voluit; primttfque per artem Movit agros, curis acuens mortalia corda^ Nee iorpere gravi pajfusffia regna veterno (b). To confirm the Opinion of their extream Induftry and per- petual Study and Labour, it may not feem impertinent to in- ftance in the Three common Exercifes of Tranflating, De- claiming, and Reciting. Tranflation the ancient Orators of Rome look'd on as a moft ufeful, though a mod laborious Employment. All Perfons that (*) Archbifiiop TilUtfofi's Sermon of Education. (l>) Virg. Ges>g. i. 6 apply'd Of the Roman Education, xxv apply'd themfclves to the Bar, propos'd commonly fome one Orator of Greece for their conllant Pattern ; either Lyfias^ Hy~ perides^ Demojihenes^ ox Mfchwes^ as their Genius wasinclin'd. Him they continually (tudy'd, and to render themfelves r,bfo- lutely Mailers of his Excellencies,wcre always making him fpeak their own Tongue, l^his Cicero^ Qu'wStilian^ and Plrfiyjimior, injoin as an indifpenfible Duty, in order to the acquiring any Talent in Eloquence. And the firft of thefe great Men, belides his many Verlions of the Orators for his private Ufe, oblig'd the Publick with the Tranflation of feveral Parts of Plato and Xem^hon in Profe, and of Homer and Aratus in Verfe. As to Declaiming, This was not only the main Thing, at which they labour'd under the Mailers of Rhetorick, but what they pradlis'd long after they undertook real Caufes, and had gain'd a confiderable Name in the Forum. Suetonius in his Book of Famous Rhetoricians , tells us, That Cicero declaimed in Greek''t\\\ he waselefted Pr^^or,andinLfl^;» 'till near his Death. That Pompey the Great, juft at the breaking out of the Civil War, refum'd his old Exercife of Declaiming, that he might the mere eafily be able to deal with Curio, who undertook the Defence of Ccefar^s Caufe, in his Publick Harangues. That Marc Antony and Augujlus did not lay aiide this Cuftom, even when they were engag'd in the Siege of Mutina : And, That Nero was not only conftant at his Declamations, while in a private Station, but for the firft Year after his Advancement to the Empire. It is worth Remarking, That the Subjeft of thefe old Declamations was not a meet fanfiful Thefis, but a Cafe which might probably be brought into the Courts of Ju- dicature. The contrary Pradlice, which crep'd into fome Schools after the Augujlan Age, to the great debafing of Eloquence, is what Petronius inveighs fo fcverely againft, in the beginning of his Satyricon^ in a flrain fo Elegant that it wou'd lofe a great Part of the Grace and Spirit in any Tranflation. When I fpeak of Recitation, I intend not to infift on the Publick Performances of the Poets in that Kind, for which Purpofe they commonly borrow'd the Houfe of fome of their Nobleft Patrons, and carry'd on the whole Matter before a vaft Concourfe of People, and with Abundance of Ceremony. For, confidering the ordinary Circumrtances of Men of that Pro- feffion, this may be thought not fo much the Eftedl: of an induftri- xxvi ESSAY II. induftrious Temper, as the necelTary way of raifing a Name among the Wits, and getting a tolerable Livelihood. And 'tis evident, that under fome Princes, the mod celebrated of this Tribe, for all their Trouble and Pains in proclaiming their Parts to the Multitude, cou'd hardly keep themfelves fiom flarving, as Juvenal obferves of Statins ; Sed cum fregit fnhfellia verfu^ Efuritf intadam Paridi fii/i vendit Agaven I wou'd mean therefore, the Rehearfal of all Manner of Compofitions in Profe or Verfe, perform'd by Men of fome Rank and Quality, before they oblig'd the World with their Publication. This was ordinarily done in a Meeting of Friends and Acquaintance, and now and then with the Admiflionof a more numerous Audience. The Defign they chiefly aim'd at, was the Corredion and JmprovemeRt of the Piece. For the Author having a greater Awe and Concern upon him on thefe Occafions than at other Times, muft needs take more Notice of every Word and Sentence, while he fpoke them before the Company, than he did in the Gompofure, or in the common SupervifaL Befides, he had the Advantage of all his Friends Judgments, whether intimated to him afterwards in private Con- ference, or tacitly declar'd at the Recital by their Looks and Nods, with many other Tokens of Diflike or Approbation. In the fuller Auditories, he had the Benefit of feeing what took or what did not take with the People; whofe common Suffrage was of fo great Authority, in this Cafe, that Po-mponius SecuuduSj a celebrated Author of Tragedies, when he confulted with his Friends about the polifliing any of his Writings, if they hap- pen'd to differ in their Opinion, about the Elegance, Juftnefs, and Propriety of any Thought or Expreffion, us'd always to fay, yID POPULUM PROFOCO, I APPEAL TO THE PEOPLE, as the befl Deciders of the Con- troverfy U). The Example of younger Pl'my in this Praflice is very ob- fervable, and the Account which we have of it is given us by hinifelf. / omit ffays hej no Way or Method that may feem prefer for CorreSiion : And fir fi, 1 take afirid View of what I (4) Plin.Lih. 7. Epift. 17^ Of the Roman Education, xxvii ^ave ivritten^ and conjider thoroughly of the whole Piece. In the next Placcy I read it over to two or three Friends^ And [oon after [end it to others for the Benefit of their Obfervations. If I am in any doubt concerning their Criticifms^ I take in the AJJiflance of one or two befides myfelf to judge and debate the Matter. Laji of all., I recite before a greater Number : And this if the Time that I furnip myfelf with the fevereji Emen- dations (a). It might be a farther Pleafure on this Subjeft, to defcribe the whole Inllitution and Courfe of Study of the moft famous Ro- mans^ with their gradual Advances to thofe Virtues and Attain- ments, which we (till admire in their Story. But the Account which Ctcero gives of himfelf in his Brutus., and fome Hints from other Parts of his Works, will excufe, if not command, the Omiflion of all the reft. And it is no ordinary Happinefs, that we are oblig'd with the Hiftory of that excellent Perfon from his own Hand, whom we muft certainly pitch upon for the firft and greateft Example, if we were beholden only to the Relations of other Men. For fome Time after his Admiffion to the Forum., he was a conftant Auditor of the beft Pleaders, whenever they fpoke in Publick : Every Day he fpent feveral Hours in writing, reading and improving his Invention; befides theExercifes he perform'd in the Art of Oratory. For the Knowledge of the Civil Law, he apply'd himfelf with all imaginable Diligence to Q^ Sdsvola, the moft celebrated Profeflbr of that Science; who, tho' he did not make it his Bufinefs to procure Scholars, yet was very rea- dy and willing to alTift fuch Perfons in this Study as dcfir'd his Advice and Diredions, 'Twas to this Scamla that Cicero^s Father, when he put him on his Manly Gown, committed his Son, with a ftridi Charge never to ftir from him, but on ex- traordinary Accounts. _ About the 19th Year of his Age, in the Heat of the Conten- tion between Marius and Sylla., when the Courts of Judicature were fhut up, and all Things in Confufion; Philo., the Prince of the Academy., leaving Athens^ on Occafion of the Mithridatick War, took up his Refidence in Rome. Cicero wholly refign'd himfelf to his Inftitution, having now fix'd the Bent of his Thoughts and Inclinations to Philofophy, to which he gave the (a) Plin. Lib. 7' Epift« 17. more xxviii ESSAY 11. moire diligent Attendance, becaufe the Diftradions of the Time gave him little Reafon to hope that the judicial Procefs, ?.nd the regular Courfe of the Laws, wou'd ever be rcftor'd to their former Vigor. Yet not entirely to forfake his Oratory, at the fame Time he made his Applications to Mclo the Rhodian^ a famous Pleader and Mafter of Rhetotick. Sylla being now the fecond Time advanc'd againft Mithrl- dates^ the City was not much difturb'd with Arms for three Years together. During this Interval, Cicero^ with unweary'd Diligence, made his Advances Day and Night in all manner of Learning ; having now the Benefit of a new Inftrudor, Diodotus the Stotc^ who liv'd and dy'd in his Houfe. To this Mafter,beiides his Improvoment in other ufeful Parts of Know- ledge, he was particularly oblig'd for keeping him continually exercis'd in Logiek, which he calls a concife and compa6i Kind of Eloquence. But tho' engag'd at the fame Time in fo many and fuch dif- ferent Faculties, he let no Day flip without fome Performance in Oratory: Declaiming conftantly with the bed Antagonifts he cou'd light on among the Students. In this Exercife he did not ftick to any one Language, but fometimes made ufe of Latin., fometimes of Gr^^^; and indeed more frequently of the latter; either becaufe the Beauties and Ornaments of the Greek Style, would by this Means grow fo natural as eafily to be imi- tated in his own Tongue : Or becaufe his Grecian Mafters wou'd not be fuch proper Judges of his Style and Method, nor io well able to correft his Failures, if he delivered himfelf in any other than their Native Language. Upon Syllah vidorious Return and his Settlement of the Common-wealth, the Lawyers recover'd their Pratlice, and the ordinary Courfe of Judicial Matters was reviv'd. And then it was that Cicero came to the Bar, and undertook the Patronage of Publick and Private Caufes. His firll Oration in a Ptitf- lick Judgment., was the Defence of Sextus Rojiius., profecuted by no lefs a Man than the Didator himfclt, which was the Reafon that none of the old ftanch Advocates dar'd appear in his behalf Cicero carry'd the Caufe, to his great Honour, being now about Six or Seven and Twenty : And having behav'd himfelf fo remarkably well in his firlt Enterprize, there was no Bulinefs thought too weighty or difficult for hiu Management. He found himfelf at this Time to labour under a very weak Conftitution, to which was added the Natural Default in his Malis. Of the Roman Education, xxiX Make of a long and thin Neck : So that in Probability the la- bour and liraining of the Body requir'd in an Orator, cou'd not confift but with manifeft Danger of his Life. This was efpe- cially to be fear'd in him, becaufe he was obferv'd in his Pleadings to keep his Voice always at the higheft Pitch in a- moft vehement and impetuous Tone, and at the fame time to ufe a proportionable Violence in his Gefture and Adion. Upon this Confideration the Phyficians, and his neareft Friends, were continually urging him to lay afide all Thoughts of a Profeffion which appear'd fo extreamly prejudicial to his Health. But Cicero fliew'd himfelf equally inflexible to the Advice of the one, and to the Entreaties of the other; and declar'd his Refolution rather to run the Rifque of any Danger that might happen, than deprive himfelf of the Glory which he might jultly challenge from the Bar. Confirming himfelf in this Determination, he began to think, that upon altering his Mode of fpeaking, and bringing his Voice down to a lower and more moderate Key, he might abate con- fiderably of the Heat and Fury which now tranfported him, and by that means avoid the Damage which feem'd now to threaten his Defign. For the effeding of the Cure he concluded on a Journey into Greece : And fo, after he had made his Name very confide- rable in the Forum, by two Years pleading, he left the City. Being arriv'd at Athens,\\t took up his Refidence for fix Months with the Philofopher Attkus, the wifefl: and moft noble Afier- tor of the old Academy : And here under the Direction of the freateft Mafter, he renew'd his Acquaintance with that Part of ^earning, which had been the conftant Entertainment of his Youth, at the fame time performing his Exercifes in Orato- ry under the Care of Demetrius the Syrian^ an eminent Pro- fefibr of the Art of Speaking. After "this he made a Circuit round all Afia, with leveral of the moft celebrated Orators and Rhetoricians, who voluntarily oficr'd him their Company. But now fatisfy'd with all thcfe Advantages, he fail'd to Rhodes^ and there entred himfelf once more among the Scholars of the famous Molo, whom he had formerly heard at Rome: One that befides his admirable Talent at pleading, and penning, had a pe* culiar Happinefs in marking and correding the Defaults in a^y Performance. 'Twas to his Inftitution that Cicero gratefully ac- knowledges he ow'd the retrenching of his Juvenile Heat and unbounded Freedom of Thought, which did not confift with the juft Rules of an «xa6t and fevere Method. Returniiij ESSAY II. 3CXX Returning to Rome^ after two Years Abfence, he appeared quite another Man : For his Body, ftrengthen'd by Exercife, was come to a tolerable Habit : His Way of Speaking feem'd to have grown cool ; and his Voice was rendred much eafier to himfelf, and much fweeter to the Audience. Thus, about the one and thirtieth Year of his Age, he arriv'd at that full Perfedion, which had fo long taken up his whole Wifhes and Endeavours, and which has been, ever fince, the Admiration, or Envy, of the World. THE THE Antiquities of RO M E, -- , I, n ■ — PARTI B O O K I. The Original, Growth, and Decay of the Roman Common-Wealth, CHAP. I. Of the Building of the City. lH I L E we view the Original of States and ^^ Kingdoms fchcmoft delightful and furpri- 2^ zing Part of Hiftory,j we eaiilydifcern, as " tberirftandfaircftProfpea, the Rife of the Jevjifh and lioman Common- wealths : Of which, as the former had the Honour al- ways to be efteem'd the Favourite of Hea- ven, and the peculiar Care of Divine Pro- vidence; fo the other had very good Pre- tenfionsto ftyie herfelf the Darling of Fortune; whofeem'd to exprefs a more than ordinary FondneCs for this her youngeft Daughter, as if file had defign'd the three former Monarchies purely for a Foil to fet oft' this latter. Their own Hiftorians rarely begin without a fit of Wonder; and, before they pro- ceed to delineate the Glorious Scene, give themfclves the Liberty of (landing dill Tome Time, to admire at a Diftancc. For the Founder of the City and Repuhlick, Authors have long finceagreedoni?5»7«/.-,'j. Son of Rhea Sylvia^ and Defccndant of JErKa^iy from whomhi^ Pedigree mav be thus ia fiiort deriv'd: A UpoR 2 The Rife and Progrefs Part L Upon the final Ruin and Definition of Troy by the Gracians, JEneas^ with a fmall number of Followers, had the good fortune to fccure himfelf by flight. His Efcape was very muchcounte- nanc'd by the Enemy, inafmuch asuponalloccafions he had ex- prefs'd his Inclinations to a Peace, and to the reftoring of //e/r», the unhappy caufe of the Mifchief. Sailing thus from Troy^ after a tedious Voyage, and great variety of Adventures, he ar- riv'd at laft at Latinm^ a part of Italy fo call'd a latencb^ or from lying h'td\ being the Place that Saturn had chofefor his Re- tirement, when expell'd the Kingdom of Crete by his rebellious Son Jupiter. Here applying himfelf to the King of the Country, at that Time Latinfts^ he obtain'd his only Daughter, Lavinia., in Marriage; and upon the Death of his Father-in-Law was left in PofTeffion of the Crown. He remov'd the imperial Seat from LaureKtum to Laviniuyn^ a City which he had built himfelf in Honour of his Wife; and upon his Deceafe foon after, the Right of Succeflion relied in Afcaniu!; whether his Son by a former Wife, and the fame he brought with him from 7'ro)', or another of that Name, which he had by Lavinia^ Livy leaves undeter- minM. Afcanius being under Age, the Government was intrulled in the Hands oi Lavinia: But, as foon as he was grownup, he left his Mother in PofTeffion of Lavinium\ and removing with part of the Men, laid the Foundation of a new City, along the lide of the Mountain Albanus ; call'd from thence Longa Alba. After him, by a Succeffion of Eleven Princes, the Kingdom devolv'd at laft to Procas. Procas at his Death left two Sons, Numitor and Amulius ; of whom Amulms over -reaching his elder Brother, oblig'd him to quit his Claim to the Crown, which he thereupon fecur'd to himfelf; and to prevent all difturbance that might probably arife to him or his Poflerity from the elder Fa- mily, makingaway with all the Males, heconftrain'd iV«?«;Ws only Daughter, Khea Sylvia., to take on her the Habit of a Ve- ftal, and confequently a Vow of perpetual Virginity. However, the Princefs was foon after found with Child, and deliver'd of two Boys, Romulus and Remus. The Tyrant being acquainted with the Truth, immediately condemn'd hisNeicc to (Irait Im- prifonment, and the Infants to be expos'd, or carry'd and left in a ftrange Place, where 'twas very improbable they fhould meet with any relief The Servant, who had the Care of this inhuman Office, left the Children at the bottom of a Tree, by the Bank of the River Tiber. In this fad Condition, they were cafually difcover'd by Faujlulus., the King's Shepherd ; who being wholly ignorant of the Plot, took the Intant-i up, and carry'd them I home Book I. of the KoMAii Empire, 3 home to his Wife Laure;itia, to be nurs'd with his own Chil- dren (a). This Wife of his had formerly been a common Pro- ftitute, caird in Latin Lupa; which Word lignifying likcwife a She- Wolf, gave Occafion to the Story of their being nurs'd by fuch a Beall ; though fome take the Word always in a literal Senfe, and maintain that they really fublilkd fbme time, by fuck- ing this Creature, before they had the good Fortune to bereliev'd by Fauflalus (b). The Boys, as they grew up, difcovering the natural greatnefs of their Minds and Thoughts, addi6led them- felves to the generous Exercifes of Hunting, Racing, taking of Robbers, and fuch-like ; and always cxprefs'd a great Dcfire of engaging in any Enterprize that appear'd hazardous and no- ble (c). Now there happening a Quarrel betwixt the Herdfmen of iV"/ifw/Vor and Ainulins^ the former lighting cafually on Remus y brought him before their Mailer to be examin'd. Nmmtor^ learn- ing from his own Mouth the ftrange Circumfrance of his Edu- cation and Fortune, eafily guels'd him to be one of his Grand- Sons, who had been c^pofed. He was foon confirmed in this Conjedure, upon the Arrival of faujhilus and Rcm:il7is\ when the whole Brrmefs being laid open, uponconlultation had, gain- ing over to their Party a fufficient Number of the difaffeded Citizens, they contrived to furprize Amnlius^ and re-ellablifli Nu- mitor. ThisDeiign was foon after very happily put in Execution, the Tyrant flain, and the old Kingrellored to a full Enjoyment of the Crown {d). The young Princes had no foonerre-feated their Grand-father in his Throne, but they began to think of procuring one for themfelves. They had higher Thoughts than to take up with the Reverfion of a Kingdom ; and were unwil- ling to live in Alba^ becaufe they could not Govern there: So taking with them their Fofter-Father, and what others they could get together, they began the Foundation of a New City, in the fame Place where, in their Infancy, fey had been brought up {e). Thefirft Walls were fcarce finiCh'd, when, upon a flight Quar- rel, the Occafion of which is varioufly reported by HiftorianS, the younger Brother had the Misfortune to be flain. Thus the whole Power came into /?.?//?jj7//j's Hands ; who carrying on the remainder of the Work, gave the City a Nameinallufion to his own, and hath been ever accounted the Founder and Patron of the Roman Common-wealth. {a) Livy, lib. I. (b) S&e Denpjfe/s SQtcsio\->fiunsh \niiqmt\tslik f. cap. I. (c) PlutnTcli ill the Life of %am»ins. (a) Ji:d, and Lity., lib.-'^'m (e) Plutarch isbcfoici and Zriz-/, lib, i. A 2 CHAP. The Rife and Progrefs Part 1. CHAP. II. Of the Roma n Jffairs under the Kings. THE \vitty Hiftorinii (a) had very good Rcafon to entitle the Reign of the Kings, the Infancy of Rowe ; for 'tis cer- tain, that under them llie was hardly able ro nnd her own Legs, •and at the bell had but a very feeble JVlotion. The greatelt part of RomiilHs\ T'ime was taken up in making Laws and Regu- lations for the Common- wealth : Three of his State Defigns, I mean the /Jfyhm^ the Rape of the Sabine \^irgins, and his Way of treating fhofe few whom he conquered, as they far exceeded the Politicks of thofe Times, fo they contributed, in an extra- ordinary degree, to the Advancement of the New Empire. But then Nuyau's, long Reign ferved only for the Ellablifliment of Prielh and Religious Orders ; and in thole Three and Forty Years (t-j, Rome gain'd not fo much as one Foot of Ground. 'TuUhs Hofiiltus was wholly employ'din converting his Subje61s from the pleafing Amufen-.ents of Supcrllition, to the rougher Inditution ot Martial Difciplinc : Yet we find nothing memo- rable related of his Conqucils; only that after a long and dubi- ous War, the ^07/A'WJ- entirely ruin'd their Old Mother Alha (c). After him, A>;c:is Marcius^ laying alide all Thoughts of extend- ing the Bounds of the Empire, apply'd himlclf wholly to ihengthen and beautify the City (d) ; and elkemi'd the Corn- mod ioufnefs and Magnifkence ot that, the nobleft Defign he could poflibly be engag'd in. Tur^niniui Prifcas, tho' not al- together lb quiet as his Prcdecefibr, yet confulted very little elle belidcs the Dignity of the Senate, and the Majcfly of the Government; for the Encreafe of which, he appointed the Ornaments and Badges of the fcveral Officers, to diftin^uini them from, the Common People (e). A more peaceful Tem- per appeared in Sentus ItilHiss^ whofe principal Study was to have an exacl Account of the Eftates of the Romans ; and according to thole, to divide them into Tribes, (f) that fo they might contribute with JuUice and Proportion to the Publick Expences of the State. Tarjuin the Proud^ tho' perhaps more (j) Fiary.i in thc Preface to hisHiflory. (b) PlKt.iTcolnxht Lihof Nitma. (^) FloTU!, 1. I. cap. J. {^d) Idfm, \. i. cap. 4, (<■) Idem, I. i. cap. 5. (/■) Ftl>'<-'^''^- (i>) AUe/n, C' Flarui.lWl, I. (f) Plut. inP'fliifol, ver. Book I. of the RoiMAN Empire. y ver, and fwam over to the other fide (a). Mutius having fail'd in an Attempt upon Pc'r/fw^a'sPerfon, and being brought before the King to be examin'd, thruft his Right-hand, which had com- mitted the Miftaice,into a Pan of Coals that ftood ready for the Sacrifice. Upon which generous A'Sion,he was difmifs'd with- out farther Injury. As for CLvUa, fhe,with other noble Virgins, had been deliver'd to the Enemy for Hoftages, on account of a Truce; when obtaining the Liberty to bathe themfelves in T/Z-^r, fhe getting on Horfeback before the reft, encourag'd them to fol- low her thro' the Water to the Romans ; tho' the Conful genc- roufly fent them baci^ to the Enemy's Camp, Porfenna had no Iboner drawn off his Army, but the Sablnes and Latines join'd in a Confederacy againft Rome-, and tho' they were extreamly weaken'd by the Dcfertion o^ Appius Claudius^ who went over with five thouland Families to the Romans; yet they could not be intirely fubdn'd, till they receiv'd a total Overthrow from Valerius Poplicola (b). But XhuMqui and \\\eVolfci^t\\Q moft ob- ftinate of the Latinss^ and the continual Enemies of Rome ^ car-, ry'd on the Remainder of the War for feveral Years; 'till it was happily concludedhy Lucius QtiiKStHs^ihefamons Didatorfaken from the Plough, in lefs than fifteen Days time ; Upon which, Florus has this Remark, That he made more than ordinary hajleto his tmfinip'd Wurk (c). But they that made the greateft Oppo- fition, were the Inhabitants of Veii^ the Head of Tufcany, a City not inferior to Rome^Qithet in Store of Arms, or Multitude of Soldiers. They had contended with the Romans, in a long Se- ries of Battels, for Glory and Empire; but having been weaken'd and brought down in feveral Encounters, they were oblig'd to fecure themfelves within their Walls: And after a ten Years 5iege, the Town was forc'd and lack'd by Camillus (d). In this manner were the Romans extending their Conqueft, when the Irruption oiih^Gatds made a ftrange Alteration in the Affairs of Italy. They were at this time befieging Clufium, a Tufcan City. The Clufians fent to the Romans, defiring them to interpofe by Ambafladors on their Behalf Their Requeft was eafily granted; and three of the Fabii, Perfons of the higheft Rank in the City, difpatch'd for this Purpofe to the Gallick Camp. The Gauls, m refpecb to the Name of ^o;??^, receiv'd them with all imaginable Civility ; but could by no means be prevail'd on to quit the Siege. Whereupon the Ambaffadors going into the Town, and encouraging the Clufians to a Sally, one of them was feen per. (4) Pita. Il/id, (i) Ibid, (c) Floras, lib. i. cap. II. (d) Plutarch in his Life. A 4 fJomlly S The Rife and Progrefs Part L fonally engagingjn the Adion. This being contrary to the re- ceiv'd Law of Nations, was refentedin fohigha manner by the Enemy, that breaking up from before Clufium^ the whole Army march'd direftly toward Rome. About eleven IVliles from the City, they met with the Roman Army commanded by theiVlili- tary T ribunes, who ingaging without any Order or Difcipline, receiv'd an entire Defeat. Upon the Arrival of this ill News, the greateft Part of the Inhabitants immediately fled : Thofe that refolv'd to flay, fortified themfelves in the Capitol. The Gauls foon appear'd at the City-Gates; and deftroying all with Fire and Sword, carry'd on the Siegeof the Capitol with all ima- ginable hury. At U% refolving on a general AfTault, they were difcover'd by the Cackling of the Geefe that were kept tor that Purpofe; and as many as had climb'd the Rampart, were driven down by the valiant 7kfrf»//«j-; when Camillas, ten'mg upon them in theRear with Twenty Thoufand Men that he got together about the Country, gave them a total Overthrow. The grcnteft Part of thofe that efcap'd out of the Field, were cut otf in ftrag- lirig Parties, by the Inhabitants of the neighbouring Towns and Villages. The City had been fo intirely dcmolifli'd, that upon the Return of the People, they thought of removing to Feii, a City ready built, and excellently povidcd of all Things. But being diverted from this defign, by an Omen, (as they thought j they fet to the Work, with fuch extraordinary Diligence and Application, that within the Compafsof a Year the whole City was re built. They had fcarce gain'd a Breathing-time after their Troubles, when the united Powers of the ^ami^Folfci^^nd other Inhabitants of Latium., at once invaded their Territories. But they were foon over-reach'd by a Stratagem of CamU'.us and totally routed (a). Nor had i\\QSammte5 any better Fate, tho' a People very nu- merous, and of ^reat Experience in War. The Contention with themlaftednolels than Fifty Years (^), when they were finally fubdu'd by Papirius Curfor (c). The Tarentine War that fol- low'd, putanEndtothe intireConqueftof //rt/)'. Taremum^ a City of great Strength and Beauty, featedon the AdriatickSQ^^ was efpccially remarkable for the Commerce it maintain'd with mo/lof the neighbouring Countries, asEfiras^ Il/yrhum, Sicily, &c (d ). Among orher Ornaments of their City, they had a fpa- cious Theatre for Publick Sports, built hard by the Sea-fhoar. They happen'd to be ingag'd in the Celebration of fome fuch (*) PUt. in Vir. CA;n:L [b) FloYits, lib. I. Cf.V. I«. (.) L:v. lib. If. (<; Fit*, ];b. I. cap. I J. Solemnity, Book I. of the KoMA^ Empire ^ p Solemnity, when, upon Sight of the Roman Fleet, thatcafually faird by their Coafts, imagining them to be Enemies, they im- mediately fct upon them, and killing the Commander, rifled the greaieft part cf the Veflels. Ambafladors were foon dif- patch'd from Rome to demand Satisfaction : But they met with as ili Reception as the Fleet, being difgraccfully lent away with- out fo much as a Hearing. Upon this, a War was foon com- menc'd between the States. ~^\\tTarenttnes were increas'd by an incredible Number of Allies from all Parts: Buthethatmade the greaceil Appearance in their Behalf, v/as Pyrrhus^ King of £;^/r/^j,:hemoft experienc'd General of his Time. Oefides the choiced ot his Troops that acccmpany'd him in the Expedition he brought into the Field a confiderable Number of Elephants' a Sort of Bealts fcarce heard of till that Time in Italy. In the firft ngagemeut, the Komans^tiz in fiir Hopes of a Vidory when the Fortune of the Day was intirely chang'd upon the coming up of the Elephants; who made fuch a prodigious De- Itrudion in the Roman Cavalry, that the whole Army was ob- liged to retire. But the Politick General, having experienc'd fo Well the Raman Courage, immediately after the Vidory fcnt to offer Conditions for a Peace; but was abfolutely refus'd. In the next Battle, ihe Advantage was on the Roman Side, who* had not now such difmal Appahenfions of th? Elephants as berore. However, the Bufinefs came to another Ingagement wheii the Elephants, over-running whole Ranks of their own Men, inrag'd by the Cry of a young one that had been wound- ed, guvc me Romans an abfolute Vi6tory {a). '\ wcnty three thouliind of the Enemy werekill'd (b)^ and Pyrrktu txizWv ^yi- pell'd Italy, in this War the Romans had a fair Opportunity to fubdue the other Parts that remain'd unconqiier'd, under the Pretext of ,Mlies to the Tareniines. So that at this Time about the 477th Year of the Building of the City (0, they had made thcmlelves the intire Mailers of Italy (a) F torus.. Ibid. (A) EntropHs, lib. 2. (t) Ibid. CHAP. I o The Rife and Progrefs Part 1. CHAP. IV. Of the Roman Affairs from the Beginning of the firji Punic IVar^ to the firft Triumvirate. BU T the Command of the Continent could not fatisfie the Roman Courage; efpecially while they faw fo delicious an Illeas Sicily almoft within their Reach : They only waited an oc- cafion to pafs the Sea, when Fortune prefcnted as fair an one as they could wifh. The Inhabitants of Mejfina^ a Sicilian City, made grievous Complaints to the Senate, of the daily Incroach- ments oi the Carthaginians^ a People of vaft Wealth and Power, and that had the fame Defign on Sjcily as the Romans (a) . A Fleet was foonmann'd out for their AlTiftance; andintwoY:.*ars lime, no lefs than Fifty Cities were brought over (b). The in- tire Conqued of the Ifland quickly followed; and Sardinia and Corjica were taken in about the fame Time by a feparate Squa- dron. And now, under the Command of Regulus and Manlius^ the Confuls, the War was tranflated into Africa. Three hundred Forts and Caftles were deRroy'd in their March, and the vido- rio'js Legions incamp'd under the very Walls of Carthage. The Enemy, reduc'd to fach Straits, were obliged to apply themfelves to Xanttppus., King of the Lncedicr/jonians., the greateft Captain cf the Age; who immediately mirch'd to their AiTutance with anumerousand well-difciplin'd /^rmy. In the very firft Engage- ment wM'th the Romans., he entirely defeated their whole Power : Thirty thoufand were kill'd on the Spot, and Fifteen thoufand, with their Conlul Regj;lu<:^ taken Prifoncrs. Hut as good Succefs always incourag'd the R'mians to greater Dcligns ; fo a contrary Event did but cxafpcrare them the more. The new Confuls were immediately difpatch'd with a powerful Navy, and a fuf- ficient number of Land-Forces. Several Campaigns were now wafted, without any coniiderable Advantage on cither fide: Or if the Romans gain'd any thing by their Victories, they generally ioft as much by Ship-■.v^ack^ ; when at laft the whole rower of both States being drawn together on the Sea, the Carthaginians were finally defeated, with the lofs of izy Ships funk in the En- («) ilQrm, Jib, X. cap. 7- ('*) F.rftrtf. lib, ?. gage- Book 1. of the KoMA's Empire, ii gagement, 73 taken; 32000 Men kill'd, and 1 3000 ' Prifoners. Upon this they were compcU'd to Cue for a Peace; which, af- ter much Intreaty, and upon very hard Conditions, was at lail obtain'd (a). But the Carthaginia'/is had too great Spirits to fubmit to fuch unreafonableTerms any longer than their Necellities obh"g'd them. In four Years time (b) they had got together an Army of 80000 Foot, and 20000 Horfe (c)^ under the Command of the famous Hannibal-^ who forcing a Way through the -PjrfWf^;? Mountains and the Alps^ reputed 'till that time impalTable, defcended with his vaft Army into Italy. In four fucceflive Battels he defeated the Roman Forces; in the lafl: of which, at Cannce., 40000 of the latter were kill'd (d) : And had he not been merely call away by the Envy and Ill-will of his own Country-men, 'tis more than probable that he mull have entirely ruin'd the Roman State {e) : But Supplies of Men and Money being fometimes abfolutelyde- ny'd him, and never coming but very flowly, the Romans had fuch Opportunities to recruit, as they little expedled from fo ex- perienced an Adverfary. The wife Management o? Fabhts Max- imus was the f^rft Revival of the Roman Caufe. He knew very well the Strength of the Enemy ; and therefore march'd againli him without intending to hazard a Battel ; but to wait conTtant- Jy upon him, to (Iraiten his Quarters, intercept his Provifions, and fo make the vidorious Army pine away with Penury and Want. With this Delign he always encamp'd upon the high Hills, where the Horfe could have no Acccfs tohim: When they march'd, he did the fame ; but at fuch a Diftance, as not to be compell'd to an Engagement. By this Policy he fo broke Han- nibafs Army, as to make him abfolutely defpair of getting any thing m Italy (f). Bat the Conclufion of the War was owingto the Condudt of Scipio: He had before reduced all Spain int(» Subje(Si(in; and now taking the fame Courfe as //^«»/W at firll had done, he march'd with the greateft Part of the Roman For- ces; into Africa; and carrying all before him to the very Walls o^ Carthage., obliged the Enemy to call home their General out of Italy., for the Defence of the City. Hannibal ohey'd ; and both Armies coming to an Engagement, after a long Difpute, wherein the Commanders and Soldiers of both Sides are re- ported to have out-done themfelves, the ViQory fell to the Ro- mans. Whereupon the Enemy were obliged once more to fue {a) Eutrop. lib.l. (i) Florm, lib. 2. cap. 6. (r) E'*trop. lib. j. (d) Ibid. (>s Viiltr. ia vit, SjlU. (0 VtU. Paterc. ibid. to 1 4 The Rife and Progrefs Part I. to his Fathcr-in-Law T'tgranes King of Armenia. Pompey fol- low'd with his Army; and (truck luch a Terror into the whole Kingdom, that T/^r^w?/ was conftrain'd in an humble manner to prefent himfelf to the General, and offer his Realm and Fortune to his Difpofal. At this Time the CattUnarian Confpiracy broke out, more famous for theObftinacy than the Number of the Re- bels; but this was immediately extinguifh'd by the timely Care of Cicero.^ and the happy Valour o^ Antony. The Senate, upon the News of the extraordinary Succefs of Pompey^ were under fome Apprehenfion of his afteding the Supreme Command at his Re- turn, and altering the Conilitution of the Government. But when they faw him difmifs his vaft Army at Brundufium., and proceed in the reft of his Journey to the City, with no other Company than his ordinary Attendants, they receiv'd him with all the ExpreiTions of Complacency and Satisfadion, and ho- nour'd him with a fplendid Triumph (k). (0 Vdl. Paterc. ib. CHAP. V. Of the Roman Jffair^, from the Beginning of the firfl Triumvirate, to the End of the twelve Cjefars. THE three Perfons that at this Time bore the greateft Sway in the State, were, Crajfus^ PoMpey, and Ctefar. The firft by reafon of his prodigious Wealth ; Pompey, for his Power with the Soldiers and Senate; andC^/ar,for his admirable Eloquence, and a peculiar Noblenefs of Spirit. When now taking Advan- tage of theConfulfhip of C) Id. ibid, cap. 14. (c) Id, ibid. cap. 2?. CHAP. VJ. Of the Roman Affairs from Domitian to the End of Conltantine the Great. THE Two following Emperors have been defervcdly ftyl'd, The Reftorers of the Roman Grandeur; which, by reafon of the Vicioufnefs, or Negligence of the former Princes, had been extremely impair'd. Nerva,, tho' a Perfon of extraordinary Courage and Virtue, yet did not enjoy the Empire long enough to be on any other Account fo memorable, as for fubftituting fo admirable a Suc- ceflbr in his Room as Trajan. 'Twas he, that for the Happinefs which attended his Un- dertakings, and for his juft and regular Adminiftracion of the Government, has been let in Competition even with Knmn- liis himfelf 'Twas he that advanc'd the Bounds of the Em- pire farther than all his Predecelfors ; reducing into Roman Provinces the Five vaft Countries of Dacia., JJJyria^ /Innenia,, Mcfopoiamia., and Arabia (a). And yet his Prudent Manage- ment in Peace, has been generally preferr'd to his Exploits in War. ' His Juftice, Candour, and Liberality, having gain'd him fuch an univerial Elteem and Veneration, that he was even Deify'd before his Death. (<») EHtrt^. lib. 8, B 'X Adrian'9 2 1 The Rife and Progrefs Part I. JiirJafi's Charafter has generally more of the Scholar than the Soldier; Upon which Account, as much as out ot Envy to his rrcdecellbr, he flighted Three of the Provinces that had been taken in by Trajan^ and was contented to fix the Bounds of the Empire at the River Euphrates {a), but perhaps he is the firll of the Roman Emperors that ever took a Circuit round his Dominions, as we are afTur'd he did (b). Anionintis Pins ftudy'd more the Defence of the Empire, than the Enlargement of it. However, his admirable Prudence, and flricc Retormation of Manners, rendred him perhaps as Ser- viceable to the Common-wealth as the greateft Conquerors. TheTwOx^Wo.^.-??/, Marcus zn^ Lucius^ were they that made the firlt Diviiion of the Empire. They are both famous for a fuccefsful Expedition againlt the Farthians: And the former, who was the longell Liver, is efpecially remarkable for his ex- traordinary Learning, and (trid Profeffion of Sto':cifm ; whence he has obtain'd the Name of the Philofopher. Commodus was as noted for all manner of Extravagancies, as his Father had been for the contrary Virtues, and after a very fliort tmjoyment of the Empire, was murder'd by one of his Miilrelles (c). Pertr,sax too was immediately cut off by the Soldiers, who found him a more rigid Exader of Difcipline, than they had been lately us'dto. And now claiming to themfelves the Privi- lege of chuiing an Emperor, they fairly expos'd the Dignity to Sale (d). Bidlus Julian was the higheft Bidder, and was thereupon inveftcd with the Honour. Bat, as he only expos'd himfelf to Ridicule by fuch a mad Projed, fo he was in an Inftant made away with, in Hopes of another Bargain. Zofimus makes him no better than a fort of an Emperor in a Dream (e). But the Komaa Valour and Difcipline were in a great mea- furereftor'd )yjSe-verus. Befides a famous Victory over the Par- thians^ the old Enemies of Kome^ he fubdu'd the greateft Part ofPfr/z^and Arabia^ and marching into this Ifland, Britain, deliver'd the poor Natives from the miferable Tyranny of the Scots and Pi&; which an excellent Hiftorian (f) culls the greateft Honour of his Reign. Antoninus Caracalla had as much of a martial Spirit in him as his Father, but dy'd before he could defign any thing memora- (a) £«rrop. lib. 8. {b) Id. ibid. (c) ZoJImy.s, Hift. lib. I. (d) Ibid, (e) Ibid. (/) i/£Iiui itpartian. in Sever, Book I. of tbeKouAii Empire. 1 3 ble, except an Expedition againft the Parthians, which he had juft undertaken. Op'tUus Macr'mm and his Son Diadumen had made very h"ttle Noife in the World, when they were cut off without much Di- flurbance, to make Room for HeUogabalus^ Son of the late Em- peror. If he v/as extremely pernicious to the Empire by his extrava- gant Debaucheries, his SucccfTor /I lexanJerScverus was as fer- viceable to the State, in reftoring Jurtice and Difcipline. His nobleft Exploit was an Expedition againll the Perfians^ in which he overcame their famous King Xerxes (a). Maximin^ the firrt that from a common Soldier afpir'd to the Empire, was foon taken off by Puplcaus^ and he, with his iZoWf^gnt Balb'tnus^ quickly follow'*.!, leavingthe fupreme com- mand to Gordian^ a Prince of great Valour and Fortune, and who might probably have cxtinguidied the very Name of the Perfians (b)^ had he not been treacheroully murdcr'd by Philips who within a very little Time fuffer'd the like Fortune himfclf. Deems in the former Part of his Reign had been very fuc- cefsful againft the Scythians and other Barbarous Nations ; but was at laft kill'd, together with his Son, in an unfortunate Engagement {c). liut then Gallus not only ftruck up a fhameful League with the Barbarians^ but fuffer'd them to over-run all "Thrace^ Thef- faly^ Macedon, Greece (d) ^c. They were juft threaming Italy, when his Succeftbr^»7v/M;z chas'd them off with a prodigious Slaughter: And upon his Promotion to the Empire, promis'd the Senate to recover all the Roman Territories that had been entirely loft, and to clear thofc that were over-run (e). But he was prevented after three Months Reign, by the common Fate of the Emperors of that Time. After him Valerian was fo unfortunate as to lofe the greateft Part of his Army in an Expedition againft the Perfians, and to be kept Prifoner himfclf in that Country till the Time of his Death (X). Upon the taking of ^^/(?r;^» by the Perfians, the Management of Affairs was committed to his Son Gallienus; a Prince lb ex- tremely negligent and vicious, as to become the equal Scorn and (rt) Eutt Op. Vih. 8. (b) Por/Jpon. Latnt in Gordian. (f) Idemyialjecto. y.) IdcWf in Galh, {e) Idim, ibid. (/) Idem^ ia Valertano. B 4. Coiite) Id. in Gallieno. (c) Eurrop.l. 9. (d) Tribe U, fallio in CUndiQ. (f) Ibid, (/) FIavUu Vo^'fc, in KAarcliarm. (g) Ibid, ricuiiif^ o Book I. of the Roman Empire. i j r/V«M, and fevcral Provinces of the Empire ; infomuch, that the very Parthlans fent him flattering Letters, confefling the dif- mal Apprehenfions they cntertain'd of his Defigns againlt their Country, and befeechinghim to favour them with a Peace (a). There was fcarceany Enemy left to his Succeflbr Carus^ ex- cept the Ferjians], againll whom he accordingly undertook an ]:xpedition : But after two or three fuccefsful Engagements, died with the Stroke of a Thunderbolt (/?). His two Sons, Carinus and Numer'ian^ were of fo oppofitea Genius^ that one is generally reprcfented as the worfl, the other as thebeiiof Men. Numerian was foon treacherouflymurdcrM by Apcr : Who, together with the other Emperor Carinus^ in a very little time, gave Way to the happy Fortune of Dioc/eiia-,?^ the moft fuccefsful of the latter Emperors ; fo famous for his prodigious Exploits m Egypt ^Perfia^ 2Ln<\ Armenia^ that -a Roman Author (f) has not (luck to compare him with 'jufiter^ as he does his Son Maximilian with Hercules. Conftanttnus Chlorus, and Galerius^ were happier than mofl of their Fredecellbrs, by dying, as they had for the mod Part liv'd, in Peace. Nor are Severus and Maximinian on any Account very re- markable, except for leaving fo admirable a Succeflbr, as the famous C NS 7 A N'i lAE; who ridding himfelf of his two Competitors, Licimas and Maxentius^ advanc'd the Empire to its ancient Grandeur His happy Wars, and wife Adminiftra- tion in Peace, have gain'd him the Sirnameof The GREAT, an Honour unknown to former Emperors : Yet in this Refpeft he is juftly reputed unfortunate, that by removing the Imperial Seat from Rome to Conjlanfmople^ he gave Occafiontothe utter Ruin of Italy. («) Flavins Vofifc, in Probt. i|l vita ejus. (b) IdeJ»t in C^r*. (e) Pompeniuj Latus CHAP, 26 The Rife and Progrefs Part L CHAP. VII. Of the Roman Jffairs from Conftantine/^^ Great to the taking . I. capi. 14. (/) Pi(*}Arct» in T^^/./j the Book 1. Of the City: 31 the Tutelar Deity of this Part of the City. It had afterwards the Denomination oi CapitoUnus^hom the Head of a Man cafually found here in digging for the Foundations of the famous Tem- ple oi Jupiter (a), call'd Capitolium^ for the fame Reafon. This Hill was added to the City by T'itus T'atius^ King of the Sa- hines^ when having been firft overcome in the Field by Romu- lus, he and his Subjeds were permitted to incorporate with the Romans (b). It has to the Eaft, Mons Palat'mus, and the Fo- rum', to the South, the T"ther\ to the Weft, the level Part of the City; to the North, Coll'ts Qulrmalis (c). In Compafs feven Stadia, or Furlongs, (d). Collis Quirinalis was fo call'd either from the Temple of Qui- rinalis, another Name of Romulus ; or more probably from the Curetes, a People that remov'd hither with Tatius from Cures^ a Sabine City (e). It afterwards changM its Name to Cab alius, Mons Caballi, and Caballinus, from the two Marble-Horfes, with each a Man holding him, which are fet up here. They are ftill ftanding ; and if the Infcription on the Pilafters be true, were the Work of Phidias and Praxiteles (f) ; made by thole famous Mafters to reprefcnt Alexander the Great, and his Buce- phalus, and fent to Nero for a Prefent by Tiridates King of Ar- menia. This Hill was added to the City by Numa (g). To the Eaft, it has Mons Efquilinus, and Mons Vim'tnalis ; to the South, the Forums of C;} Fefius. (;) Fabriai%»ma, Cap. J. (i) Martial Epi^. lib. 4. Ep, 64. (l) Fa- hriciiT{oma, lib. I, cap. j. {m) Ibid, (n) Marlian^ lib. I. Ci£. I, (») Fejius, (p) Warch^'i Hifl. of Italjf Book II. C To 3 4 Of the City. Part 11. To the Eaft it has the Campus Vaticanus^ and the River; to the South the Janiculum ; to the Weft the Campus Figulinus or Potters Field; to the North the Praia Quintia {a). It h'es in the Shape of a Bow drawn up very high; the con- vex Part Itretching ahnoft a Mile {h). A: to the Extent of the whole City, the greateft we meet with in Hiftory, was in the Reign of Valeriariy who enlarg'd the Walls to fuch a Degree as to furround the Space of Fifty Miles (c). The Number of Inhabitants in its flouriftiing State, Lipfius computes at Four Millions {d). At prefcnt the Compafs of the City is not above Thirteen Miles (e). (rt) Fahricii %oma, cap. J. {l>) Mar Han lib I. cap. I. (r) Vofifc, In xAnrt' liano. (^d) De MagnitHd. 1{om. (f) Fahricii %oma, cap. 2. CHAP. II. Of the Dhijton of the City into Tribes and Regions j ^nd of the Gates and Bridges. JD OMUL US divided his little City into three Tribes; and M.\ Serv'-us Tullius added a fourth; which Divifion continued 'till the Time of Augujlus. ' Fwas he firft appointed the Four- teen A e^/«>;!2j- or// W<^i- .• An Account of which, with the Num- ber of Temples, Baths, i^c. in every Region, may be thus taken from the accurate Panvimus. REGION I. PORtJ CAPENA, Streets 9. Arches 4. Luct 3. Barns 14. Temples 4. Mills 12. -^^"•<" 6. Great Houfes 121. Publick Baths 6. The whole Compafs 13223 Feet. REGION II. COELIMONriUM, Streets 12. Private Baths 80. L^" 2,. The great Shambles. Tern- Book r. Of the C IT "i. ff Temples S- Barns 23. The Publick Baths of the Mills 23. City. Great Houfes 1 33. The Compafs 13200 Feet. REGION III. ISIS and SERJPIS, Streets 8. The Baths of T^itus^ Trajan Temples 2. and Philip. The Amphitheatre of Ve- Barns 29. or 19. fpajiati. Mills 23. Great Houfes 160. The Compafs 1 245-0 Feet. REGION IV. FIA SACRA, or JEMPLUM PACIS. Streets S. verns and Conjiantine^ Temples 10. Private Baths 75-. The ColoJfuso^thQ Sun, Barns 18. 120 Foot high. Mills 24. The Arches of Titus^ Se- Great Houfes 138. The Compafs 14000; or as fome fay, only 8000 Feet, REGION V. ES§yiLIN.A. Streets i^. Private Baths 75*. Luct 8. Barns 18. Temples 6. Mills 22. Mdes 5-. Great Houfes 180. The Compafs 1 5-95-0 Feet. REGION VI. ACTA SEMITA, Streets 12. or 13. Private Baths 75-. Temples 15-. Barns 19. Portico's 2. Mills 23. Circi 2. Great Houfes 15-5'. For a 2. The Compafs 1 5-600 Feet. C 2 RE' 3« Of the C IT V. Part 11. REGION VII. riA LAfJ. Streets 40. Temples 4. Private Baths 75*^ Arches 3. Mills 17. Barns 25-. Great Houfes 120. The Compafs 23700 Feet. REGION VIII. FORUM ROMANUM. Streets 12. Temples 21. Private Baths 66, JEdes 10. Portico's 9. Arches 4. Fora 7. Curiae 4. Bafilica 7'. Columns 6. Barns 18. Mills 30. Great Houfes 15x1. The Compafs 14867 Feet. REGION IX. CIRCUS FLAMINIUS, Streets 20. Curia 2. Temples 8. Thermce f. JEdes 20. Arches 2. Portico's 12. Columns 2. C'trc't 2. Mills 32. -,.- ,, Theatres 4. Barns 32. BafiliciS 3. Great Houfes 1S9. The Compafs 305'6o Feet. REGION X. PALATIUM. Streets 7. Temples 10. ^des 9. Theatre 1, Curia 4. Private Baths ij-. Mills 12. Barns 16. Great Houfes 109. The Compafs n6oo Feet. RE- Book L Of the C i t y. 3 ?' REGION XI. CIRCUS MAXIMUS. Streets 8. Barns i6. ^cksii. Mills 12. Private Baths 15'. Great Houfes 189. The Compafs 1 1600 Feet. REGION XII. PISCINA PUBLIC A. Streets 12. Barns 28. Mdes 2. Mills 25-. Private Baths 68. Great Houfes 128, The Compafs 12000 Feet. REGION XIII. AVENtlNUS, Streets 17, Barns 36. Luci 6. Mills 30. Temples 6. Great Houfes 1 5-5". Private Baths 74. The Compafs J63G0 Feet. REGION XIV. TRANSriBEHINA, Streets 23. Barns 20. /Ei/es 6. Mills 32. Private Baths 136. Great Houfes ifo. The Compafs 33409 Feet. As to the Gates, Romulus built only Three, or (as fome will have It) Four at mod. But as Buildings were inlarg'd, the Gates were accordingly multiply'd ; fo that Plmy tells us, there were thirty-four in his time. The moft remarkable were Porta FUimentana^ fo call'd, becaufe it ftood near the River. Porta F/amima^ owing its Name to .the Flaminian Way, which begins there. Porta Carmentalis^ built by Romulus^ and fo call'd from Car^ went a the Prophetef , Mother of Evander. Porta Ncevia^ which Varro derives a nemorlbus^ from the Woods v/hich formerly ftood near it. C q Portti 38 Of the City. Part II. Porta Saliana^ deriving its Name from the Salt which the Sabifzes us'd to bring in at that Gate from the Sea, to fupply the City. Porta Capena^ call'd fo from Capua, an old City of Italy, to which the way lay through this Gate. It is fometimes call'd Appia, from Appius the Cenfor; and T'rmmphalis, from the Triumphs in which the Proccffion commonly pafs'd under here ; and Foi-itmalis, from the AquadnEis which were rais'd over it: Whence jH'oenalc:i\\s it, Madida Capem, and Martial^ Capena,grandi Porta quce pluh guttd. The Ttber was pafs'd over by Eight Bridges ; the Names of which are thus fet down by Mar Han ; MiivtHs, /Elius, Vaticanus^ Janiciilenfis, Cejtius, FabriciuSy Palati"/ius and Sublicius. CHAP. III. Of the Places of Worfhip; partlcuUrly of the Temples and Luci. BE F O R E we proceed to taike a View of the mo ft: remark- able Places fct a-part for the Celebration of Divine-Ser- vice, it may be proper to make a fliort Obfervation about the general Names, under which we meet with them in Authors. T'emplum (then) was a Place which had not been only dedi- cated to fome Deity, but withal formerly confecrated by the Augurs. JEdes Sacrce, were fuch as wanted that Confecration ; which If they afterwards receiv'd, they chang'd their Names to Tem- ples. Vid. Agell. L. XtV. C. 7. Delubrum, according to Servius, was a Place that under one Koof comprehended feveral Deities. JEdrcuIa is only a Diminutive, and fignifies no more than a little .^.des. Sacclhir/i may be derived the fame way from Mdes Sacra. Fe- fim tells us, 'tis a Place facredto the Gods without a Roof. 'Twere endlefs to reckon up but the bare Names of all the Temples we meet Vv'ith in Authors. The mod celebrated on all Accounts were the Capiiol md the Pantheon. The Book I. Of the C 11 Y. 3^ The Capitol^oxTcmvXto^ Jupiter Capttol'mm^yv^s theEfte<£i of a Vow made by T'arquinius Prifcus in the Sabine War (a). But he had fcarce laid the Foundations before his Death. His Nephew, Tarquin the Proud^ finifli'd it with the Spoils taken from the neighbouring Nations {b). But upon the ExpuUion of the Kings, the Confecration was perform'd by HoratiusxhQQon" ful (c) . The Strufture flood on a high Ridge, taking in Four Acres of Ground. The Front was adorn'd with Three Rows of Piilars, the other Sides with Two (d). The Afcent from the Ground was by an Hundred Steps (cj. The prodigious Ciifts and Ornaments, with which it was at fcvcral times endow'd, ahnofl exceed Belief. Suetonius (f) tells us, that Augujlus^zvo. at one time two Thoufand Pound Weight of Gold: And in Jewels and precious Stones, to the Value of Five Hundred Seflerces. Livy and Pliny (g) furprize us with Accounts oi the brazen Threfholds, the Noble Pillars that Sylla remov'd hither from Athens out of the Temple of ^'^/'^Vcr Olympius ; the gilded Roof, the gilded Shields, and thofe of folid Silver; the huge Veffels of Silver, holding three Meafures; the Golden Cha- riot, ^e. This Temple wasfirft confum'd byFireintheMW^;^ War, and then rebuilt by Syllai who dying before the Dedica- tion, left that Honour to Qtiintus Catnbis. This too was demo- liflied in the Vitellian Sedition. Vefpsfian undertook a third, which was burnt down about the time of his Death. Domitian rais'd the laft and moft Glorious of all ; in which the very Gild- ing amounted to tvv'elve thoufand Talents {Jo). On which Ac- count Plutarch (i) has obferv'd of that Emperor, that he was, like Midafy defirous of turning every thing into Gold. There are very little Remains of it at prefent; yet enough to make a Chri/iian Church (k). The Pantheon was built by Marcus Agrippa, Son-in-Lawto ^iugujius Cccfar; and dedicated either to j^ii^zV^r Ultro^ or to Mars andf^enus, or more probably, to all the Gods in general, as the very Name (quafi Tuv Trdi^av QsZv) implies. The Stru- 6hire, according to Fabricius (/), is an Hundred and Forty Foot High and about the fame Breadth. But a latter Author has cn-» creas'd the Number of Feet to an Hundred and Fifty eight. The Roof is curioufly Vaulted, void Places being left here and there for the greater Strength. The Rafters were Pieces of Brafs of (•) L/V. lib. I. {i) Ibid, (c) Pltitirrh. in P optical, (d) Dionyf. Halicar. (;. in Po^licoli, {i) llul. (l;) FabnciiT^om.t; cap. p. (1) Ibid, C 4 Forty 40 Of the CiT y. Part IL Forty Foot in length There are no Windows in the whole Ediricc, only a round Hole at the Top of the Roof, which ferves very well for thcAdmiffion of the Light. Diametrically under, is cut a curious Gutter to receive the Rain. The Walls on the Inlide are either lolid Marble, or incrufted (a). The Front on the Outfide was cover'd with brazen Plates gilt, the Top with filvcr Plates, which arc now chang'd to Lead (^). The Gates wereBrafs, of c'f-'^ordinary Woriv and Bignefs (c). This Temple is Itii' (landing with little Alteration, befides the Lofs of the old Ornaments, being converted into a Chriftian Church by Pope Boniface III. ('or, zsPolydore Virgil (d) has it, hy B aniface IV .) dedicated to St. ili^ry and all Saints, thc'thege- neral Name be St. Mary de Rot on da (e) The moll remarkable Difference is, that whereas heretofore they afcendcd by twelve Steps, they now go down as many to the Entrance (f). The Ceremony of the Confccration of Temples, /'a Piece of Superftition very well worth our Noticej we can't better appre- hend, than by the following Account which Tacitus gives us of thatSolemnit] ':i reference to the C^/'/Vo/, when repair'd by Fejpa- Jian: Tho', perhaps,thechief Rites were celebrated upon thein- tire raifing of the Structure, this being probably intended only for the hallowing the Floor. Undecimo Kalendas Julias (g)^ &c. * Upon the 2 Tit of 3^«^^, being a very clear Day, the whole * Plot of Ground deiign'd for the Temple, was bound about with ' Fillets and Garlands. Such of the Soldiers as had lucky Names, ' entred firft with Boughs in their Hands, taken from thofe Trees, * which the Gods more efpecially delighted in. Next came the ^ Feflal Virgins, with Boys and Girls whofe Fathers and Mo- ' thers were living, and fprinkled the Place with Brook -Water, * River- Water, and Spring-Water. Then Helvidius Pnfcus the *! Pr^vtor, (Plautus Elian^ one of the chief Prielts, going before * him) after he had perform'd the folemn Sacrifice of a Swine, * a Sheep, and a Bullock, for the Purgation of the Floor, and ' laid the Intrails upon a green Turf; humbly befought Jupiter^ * Juno^^Minerva., and the other Deities Protestors of the Empire, *^ that they would be pleas'd to profper their prefent Undertaking, ^ and acc'omplifh, by their Divine Affiftance, what human Piety * had thus begun. Having concluded his Prayer, he put his Hand * to the Fillets, to which the Ropes, with a great Stone faltened in * them, had been tied for this Occalion; when immediately tlie {<») Marlian. Topograph. Tiom. ^ni.-f. lib. 6. cap. 6. (i) Uid. & F^lnc. Ttoma, cap. 9. (c) Marl,a». lb:d, {(i) Lib. 6. cap. i. (c) tair;c.C3p. 9- (/) "ibid, ii) JhnprAib.i^, * whole^ Book I. Of the C IT y. 41 * whole Company of Prlefls, Senators, and Knights, with the * greateft Part of the common People, laying hold toojether on ' the Rope, withall theExpreffionsof Joy, drew the Stone into * the Trench dcii.k^n'd for the Foundation, throwing in Wedges of * Gold, Silver,and other Metals, which had never indur'd the Fire. Some curious Perfons have obferv'd this Similitude between the Shape of thefe old Temples and our Modern Churches : That they had one Apartment more holy than the reft, which they term'd Cella^ anfwering to our Chancel or Choir: That the Portico's in the Sides were in all Refpe-fts like to our Illes; and that our Navis^ or Body of the Church, is an Imit^uion of their Bajilica (a). There are two otherTemples particularly worth our Notice; not lb much for the Magnificence of the Strudhire, as for the Cuftoms that depend upon them, and the remarkable Ufe to which they were put. Thefe are the Temples of Saturn and Janus. The firft was famous upon Account of ferving for the Publick Treafury: The Reafon of which fome fancy to have been, be- caufc Saturn firft taught the Italians to Coin Money; or, as Plutarch conjeftures, becaufein the Golden Age under Saturn, all Perfons were honeft and finccre, and the Names of Fraud and Cozr/o/^/w/J- unknown to the World (b). But, perhaps, there might be no more in't, than that this Temple was one of the ftrongell: Places in the City, and fo the fitted for that Ufe. Here were preferv'd all the Publick Regifters and Records, among which were the Libri Elevhanthii or Great Ivory- Fables, con- taining a Lift of all the Tribes^ and the Schemes of the publick Accounts. The other was a fquare Piece of Building (fome fay of in- tire Brafs) fo large as to contain a Statue of Janus five Foot liigh; with Brazen Gates on each fide, which us'd always to be kept open in War, and fhut in Time of Peace (c). But the Romans were fo continually ingag'd in Quarrels, that we find the laft Cuftom but feldom put in Pradice. Firll, all the long Reign of Numa. Secondly, A.U.C. 5-19, upon the Conclufion of the firft Punic War. Thirdly, by An- gjiftas^ A.U.C, 725-. and twice more by the fame Emperor- A.U. C. 729. and again about the time of our Saviour's Birth- 7'hen by Nero, A. U. C. Sir. Afterwards by l/cfpafian^ A.U.C. 824. And laftly by Coviftantius., when, yy^ow Mag^cn- f III ■iMiwaimMiBilll mill ■^^■^■—i^B^^M null inii i^a^— ■^■m—^— b—— i B ,M wmmxnmmmmmmm^mimm {d) PolletKs HifV. T^oman. Flori, lib. i. cap.?. (i) FlHinrch ia Pioblcm. {t'^ Viii Marlian. Ti^pog. "'^t"^. .'Vntiqu. lib. 6. cap. 8, iius^ 4t Of the C nr. Part 11. tius\ Death, he was left fole PofTcITor of the Empire, A.U.O lios (^)- Of thisCuftom, Virgil gives us a Noble Defciiption : Sunt geminj: belli fortx^ fic nomine dicunt., Religione facra^ ^ fxvi formidine Martis : Centum arei claudunt veBes aternaque ferri Robora; nee cujios abfiftit limine Janus. Has^ ubi certa fedet patribus fententia pugniV ; Ipfe^ Quiriuali trabea cinBuque Gahino fnfignis^ referat Jiridentia limina Consul \ Ipfe 'vocat pugnas (b). Sacred to Mars two ftately Gates appear, Made awful by the dread of Arms and War; An hundred brazen Bolts from impious Pow'r "^ And everlafting Bars the Dome fecure, > And watchful Janus guards his Temple Door, !> Here when the Fathers have ordain'd to try The chance of Battel by their fix'd Decree, The Conful, rich in his Gabinian Gown, And Regal Pall, leads the Procellion on; The founding Hinges gravely turn about, Rouze the imprifon'd God, and let the Furies out. Near the Temple oi Janus there was a Street which took the fame Name, inhabited, for the moft part, by Bankers and Ufurers. It was very long, and divided by the different Names of Janus Sumus^ Janus Medius^ and Janus Imus. The firft and the lall of thefe Partitions are mentiou'd by Horace^ lib. i. Epift. I. ■ ■ ■ ■ ■ Hcc Janus fummus ab imo Perdocet. The other, T'uUy fpeaksof infeveral Places of his Works (c)^ The Superftition of confecrating Groves and Woids to the Honour of the Deities, was a Pradlice very ufual with the Ancients : For, not to fpeak of thofe mention'd in the Holy Scripture, Pliny alTures us, That Trees in old Time ferv'd for the Temples of the Gods. Tacitus reports this Cuftom of the old Germans; 0. Curtius of the Indians., and almoftall Writers (a) Vtd. Cj.faubon. Not. zd Stieton. .Aiip{ji,zz2- 22. ('') Vir.Aa.j. (f)Lib. 2. de Offic. rhiltp. 8, Sec, Of 1 '->•• 7; AivrpHiTHXATiiirjvt Cxaixdii Book I. Of the City, 4 j of the old Druids. The Roman: too were great Admirers of this Way of Worfliip, and therefore had their Luci m moft Parts of the City, generally dedicated to fome particular Deity, The mofl: probable Reafon that can be given for this Pradice, is taken from the common Opinion, That Fear was the main Principle of Devotion among the ignorant Heathens. And therefore fuch darkfomc and lonely Scats, putting them into a fudden Horror and Dread, made them fancy that tkere mufl: ne- ceiTarily fomething of Divinity inhabit there^ which cou'd pro- duce in them fuch an Awe and Reverence at their Entrance. CHAP. IV. Of the Theatres, Amphitheatres, Circe's, Naumachiar, Odea, Stadia, and XyHi, and of f he Campus Martius. ^Heaires, fo call'd from the Greek ■5-cdouef/^ to fee^ owe their •* Original to Bacchus (a). They were ufual in feveral Parts of Greece ; and at laft, after the fame manner as other Inllitu- tions, were borrow'd thence by the Roraans : That the Theatre and Amphitheatre were two different forts of Edifices, was ne- ver quefiion'd, the former being built in the Shape of a Semi- circle; the other generally Oval, fo as to make the fame Figure as if two Theatres fhould be join'd together {h). Yet the lame Place is often call'd by thefe Names in feveral Authors. They Icem too, to have been defign'd for quite different Ends ; the Theatres for Stage-Plays, the /^wp^/V/^^azTe-j for the greater Shows of Gladiators, wild Bealls, ^c. The Parts of the T'/^^-^^fri? and Amphitheatre^ beft worth our Obfervation, by reafon of their frequent Ufe in Claflicks, are as follows : ^ Scena was a Partition reaching quite crois the 7'heatre^ being either VerfatiUs^ or Dudilis^ either to turn round or to draw up, for the prefenting a new Profpe6t to the Spedlators, as Servius has obferv'd {c^. Proscenium was the Space of Ground juft before the Scene, where the Pulpitum, ftood, into which the Aftors came from behind the Scenes to perform {d). (a) rolydar.Virg. de Rer, invent, lib. 3, cap, ij. (b) ibid. (c)lii Georg. ji [d) 1{ofm> lib, J, cap. 4, The •^•fir 44 0/ the City. Part 11. The middle Part, or Area^ of the Amphitheatre^ was call'd Cavea, becaufe 'twas confiderably lower than the other Parts; whence perhaps the Name of Pit in our Play-Houfes was bor- row'd : And Arena^ becaufe it us'd to be (Irown with Sand^ to hinder the Performer from flipping. Lipfius has taken No- tice, that the whole Amphitheatre was often call'd by both thefe Names (a). And the Veronefe ftill call the Theatre^ which re- mains almofl: intire in that City, the Arefta {b). There was a threefold Diftindion of the Seats, according to the ordinary Divifion of the People into Senators, Knights, and Commons; the firfl: Range was call'd Orcheftra^ from ot^-xeiS^ becaufe in that Part of the Grecian Theatres, the Dances were perform'd ; the fecond, Equejlria ; and the other, Popularia (c). Theatres in the firli Ages of the Common wealth, were only Temporary, and compos'd of Wood, which fometimcs tumbled down with a great Deftruftion, asDio (d) and Pliny (e) fpeak of one particularly. Of thefe temporary Theatres^ the molt celebra- ted was that of M. Scaurus^ mention'd by PTmy (f) ; the Scenes of which were divided into three Partitions one above another ; the itrft conlifting of 1 20 Pillars of Marble ; the next of the like Num- ber of Pillars, curioufly wrought in Glafs: The Top of all had ftill the fame number of Pillars adorn'd with gilded Tablets. Be- tween the Pillars were fet 3000 Statues and Images of Brafs. The Cavea wonld hold 80000 Men. The Stru6lure which Cz/r/o after- wards rais'd at the Funeral of his Father, tho' inferior to the for- mer in Magnificence, yet was no lefs remarkable upon Account of the admirable Artifice and Contrivance. He built two fpaei- ousTheatresof Wood, foorder'd with Hinges and other Necef- faries, as to be able to turn round with very little Trouble. Thefe he fet at firft Back to Back, for the Celebration of the Stage-Plays and fuch like Diverfions, to prevent the Diforder that might other wife arife by the Confullon of the Scenes. Toward the latter end of the Day, pulling down the Scenes, and joining the two Fronts of the Theatres^ he compos'd an exaft Amphitheatre, in which he again oblig'd the People with a Show of Gladiators (g). . Pompey the Great was the firlt that undertook the raifing of a fix'd Theatre, which he built very nobly with fquare Stone; on which Account, Tacitus(h)tc\h us he was fcvcrely reprehended for introducing a Cuftom fo ditferent from that of their Fore-fathers, (a) Lipf. in Amphitheat. (/') WarcKp's Hiftory of Itnly. (<) Cafeliiti dc Uib. T.nrn. ^ Imp. fplendoic, lib. z. cap, j. (d) Lib. j;. (<■) Lib. 36. cap. ij. (/) Ibid. (^) Ibid, {h) ^nti, 14. who r\ J l'/'u-i j.r (^^^■''''A'liif^i: l.rnir/wni/M CiRfE.vsirM Book t Of the C i t t. 4y who were contented to fee the like Performances, in Seats built only for the prefent Occafion, and in antient times ftanding only on the Ground. To this Purpofe,! can't omit an ingenious Re- fiedion of O-vid^ upon the Luxury of the Age he liv'd in, by comparing the honeft Simplicity of the old Romans, with the Vanity and Extravagance of the Modern in this Particular : 1'nnc neque marmoreo pendehant vela Theatro^ Nee juerunt Uqmdo pulpita rubra croco. Illtc quas tulerant, nemorata Palaiia, frondes SJmpliciter fofita, Scenafme arte fti'tt. In graiibus [edit -popuhis de cefpite fac^is, ^ualibet hirfutas fronde tegente comas (a). No Pillars then of Egypis coftly Stone, j No Purple Sails hung waving in the Sun, > No Flowers about the fcented Seats were thrown. S But Sylvan Bowers and fhady Palaces, Brought by themfelves, fecur'd them from the Rays. Thus guarded and refrefli'd with humble Green, Wondring they gai'd upon the Artlefs Scene : Their Seats of homely Turf the Crowd would rear, And cover with green Boughs their more diforder'dHain 'Juvenal intimates, that this good old Cuftom remain'd ftili uncorrupted in feveral Parts of Italy. . . ipfa dierum Feflorum herbofo coUturfi quando 'Theatro Majeflas, tandemque redit adpulpita notum Exodium^ cum perfoKiC pallentis ntatum In gremto matris formidat rujlicus infans ; JEquales habitus illic, fimikmque videbis Orcheftram ^ popuhtm (b). On Theatres of Turf in homely State, Old Plays they aft, old Feafts they celebrate; ^ The fame rude Song returns upon the Crowd, And by Tradition is for Wit allow'd. The Mimick yearly gives the fame Del'ights, And in the Mother's Arms the ciownifh Infant frights. Their Habits (undiftinguifli'd by Degree) -\ Arc plain, alike; the fime Simplicity C. Both on the Stage, and in the Pit you fee. > Mr. Dry den. i») Ovid, d( ^tti ^,nAndi, U>) Jav. Sar, j. Some 4^ Of the CitV. Part II. Some Remains of this Theatre of Pompey, are ftill to be feen at Rome^ as alio of thofe other of Marcellus^ Statilius Taurus^ Tii^crius^ and Titus^ the fecond being almofl: entire (a). The C/>vo'x were Places fct apart for the Celebration of feveral Ibrts ofGames, which we will fpeak of hereafter. They were ge- nerally oblong, or almofl in the fliape of a Bow (i*), having a Wall quite round ft J, with Ranges of Seats for the Convenience of the Spedators. At the Entrance of the Circus fiood the Carcres^ or Lifts, whence they ftarted ; and juft by them, one of the Metce^ or Marks; the other ftanding at the farther End, to conclude the Race. There were leveral of thefe C'lrc't in liome^2i9> thofe oiFlaminius^ liero^ Caracalla^ and Severus : But the moft remarkable, as the very N-amcimpovts^\\'2LS Circus Maximus^avH built by Tarquini- tis Prifcus {d). The Length of it was four Stadia^ or Furlongs, the Breadth the like Number of Acres; with a Trench often Foot deep, and as many broad, to receive the Water ; and Seats enough for a Hundred and Fifty Thoufand Men (e). It was extremely beautified and adonvd by fnccecding Princes, particularly by Ju- lius Cafar^Auguflus^ C.iUgtila^Domitian^ Trajan, and Heliogabalus', and enlarg'd to fuch a prodigious Extent, as to be able to contain in their proper Seats, two hundred and fixty thoufand Spedators (f). The Naumacbiit^ or Places for the Shows of Sea-Engage- ments, are no where particularly defcrib'd ; but we may fuppofe them to be very little different from the area's and Amphithea- tres^ fince thole fort of Shows for which they were dcfign'd, were often exhibited in the foremention'd Places {g). Odeum was a publick Edifice, much after the manner of a Theatre (h)^ where the Muficians and A6tors privately exercis'd before their Appearance on the Stage (i). Plutarch has defcrib'd one of their Odeums at Athens (whence to be fure the Romans took the Hint of theirs) in the following Words ; For the Con- trivance of it, on the Infuie it was full of Seats and Ranges of Pil- lars ; and on the Outfide., the Roof or Covering^ of it ivas made from one Point at Tcp^vjith a great many Bendings^all Jhelving doiun- luard^ in Imitation of the King (//Perfia'j PavHton (k). The Stadia were Places in the Form of area's for the Run- ning of Men and Horfes (i). A very noble one Suetonius (m) tells us was built by Domitian. (4) Fabric. %om. cap. 12. (*) Murlinn. Topog. "Bom. Ant. lib. 4. cap. 1 ©• (c) Polydar. Virg. de Ret. invent, lib, 2. cap. 1 4. [d) Livy 8c Dianyf, Halic (e) Dionyf. lib. J. (/) Pltn. lib. i6. (5) Murlian. Topog. %pm. Ant. lib. 4* cap. 13. (/;) Fabric. Xom. cap 12. (/') %pfin, lib. 5. cap. 4. (/;) In Peride. (I) Fabric. T^OT. cap. i 2. (m) In Demiiian^ The Book I. Of the City. 47 The Xifti were Places built after the Fafliion of the Portico's for the Wreftlers to exercifc in {a). The Campus Martins^ famous oil fo many Accounts, was a large plain Field, lying near the Tiher^ whence we find it fome- times under the Name of 'Tibennus. It was call'd Martius^ be- caufeit had been confecratcdby theold/^i>2), ii^ imitation of the Contrivance of Augujlus^ mention'd but now. This Forum was calTd Iranfitorium^ becaufe it lay very convenient for- Pallage (^) Efig. lib. 2. {b) Syhar. lib. i. cap. i. (c) FaJ}. 4. (d) Fafl. j, («)!» vit. M. ^ntonin. (/) Syl. lib. i. cap. i. (5) In Jul. Caf. cap. 26. (k) Dio, lib. 4j. (;•) Llpf. de Magiiitud. 'Rom. (ij \ayit. HA4rian, Q) la Domit.fii]^, j- {m) S^artim in Severn, £> to 5 Of the City. Part II. to the other tV rec ; and Pallad'tum^ from the Statue of Minervat the tutelar Deity of Augujlus {a) ; upon which Account, per- haps, Fabi-'cius (b) attributes the Name of Palladium to xhtFomra of tiiar Emperor. There's Icarce any thing lemaining of this Foriim^ except an old dccay'd Arch, which the People by a llrange Corruption, infleadof AVxci'sArch, call AW^'s Ark {c). But the mofl: celebrated for the admirable Stru6hire and Con- trivance, was the Forum Irajum^ built by the Emperor Trajan^ with the foreign Spoils he had taken in the Wars. The Cover- ing of this Edifice was all Brafs, the Portico's exceedingly beau- tiful and magnificent, with Pillars of more than ordinary Height, and Chapiters of exceflive Bignefs {d). Amm'ta/tus Marcellinus^ in the Description o^ Conjlantius his triumphal Entrance into Kome^ when he has brought him, with no ordinary Admiration, by the Baths, the Pantheon^ the Capitol^ and other noble Struftures, as foon as ever he gives him a Sight of this Forum of I'rajan^ he puts him into an Ecftafic, and can't forbear making an Harangue upon the Matter {e). We meet in the fame Place with a very fmart Repartee which Conjlantius receiv'd at this time from Ormifdas, a Perfmn Prince. The Em- peror, as he ftrangely admir'd every thing belonging to this no- ble Pile, fo he had a particular Fancy for the Statue of Trajanh Horfe, which flood on the top of the Building, and exprefs'd his Defire of doing as much for his own Beaft : Pray Sir, fays the Prince, before you talk of gettiyjg fuch a Horfe, ivill you be pleas* d to build fuch a Stable to put him in (f). The chief Fora Venalia, or Markets, were, Boarium, for Oxen and Beef. Propertius (g) has a pretty Fancy about this Forum, that it took its Name from Hercules^ Oxen, which he brought from Spain^ and refcu'd them here, after they had been ftollen by Cacus. Suarium, for Swine. Pijiorium, for Bread. Cupedinarium, for Dainties. Holitorium, for Roots, Sallads, and fuch like. The Comitium was only a part of the Forum Romannm, which ferv*d fometimes for the Celebration of the Comitia, which will be defcrib'd hereafter. (d) Liff. mMagn. Tt^m. (h) 1{oma, cap. 7. (c) Martian, lib. j. cap. 14. (d) idemlib. cap. ij. (t) ^mman Mari*(iin.lii^. lib. 16. {f)lM. (?) Lib. 4, iXtg. 19. TSC. 20. Ivi Book 1. Of the City. j i In this part of the Forum flood the Rojlra^ being a Suggcpim^ or fort of Pulpit, adorn'd with the Beaksof Ships taken in a Sea- Plight from the Inhabitants of y^»//?^/?2 in //^/y, :isLivy (a) informs us. In this the Caufes were pleaded, the Orations made, and the Funeral Panegy ricks fpoke by Perfons at the Death of their Relati- ons ; which pious Adion they tcrm'd Defunct pro rojlris landatioj Hard by was fix'd the Puteal^ of which we have feveral and very different Accounts from the Criticks ; but none more pro- bable than the Opinion of the ingenious Monficur Dacier (i^), which he delivers to this Purpofe. " The Romans^ whenever a Thunderbolt fell upon a Place *' without a Roof, took care, out of Superltition^ to have a " fort of Cover built over it, which they properly call'd PuteuL *' This had the Name i)fP«/'(?^/L/Z'o«;j, ^nd ScniPo^mmPutea/^ " becaufe Scribomus Libo ere6>ed it by Order of the Senate. ^' The Pnctor's Tribunal ftanding jult by, is often fignified in *' Authors by the fame Expreffion. (d) Lib. 8. (b) Dacier, Hotcsoa Horace, lib. X. Sat. 6. rcrfejj. CHAP. VL Of the Portico's, Arches, Columns, and Trophies. IN Accounts of the eminent Buildings of the City, the POR" Tic O's have ever had an honourable Place. They were Strudures of curious Work and extraordinary Beauty, annex'd to publick Edifices, Sacred and Civil, as well for Ornament as Ufe. They generally took their Names either from the Tem- ples that they llood near, as Porticus Concurdhe^ Quirini^ Her" cults, &c. or from the Authors, as Porticus Pompeia, Ovtavia,, Livia^ &c. or from the Nature and Form of the Building, as Porticus curva, (ladiata, porphyretica: or from the Shops that were kept in them, as Margantarla, and Argent aria : or from the remarkable Painting in them, as Porticus Ifidis, Europa^ &c. or elfe from the Places to wl\ich they join'd, as Porticus Am'* phitheairi, Porticus Circi, &c. (<«). Thcfe Porticoes were fometimes put to very ferious Ufe, ferV- ing for the Affemblies of the Senate on feveral Accounts. Some- times the Jewellers, and fnch as dealt in the molt precious Wares, took up here their Standing, to expofe their Goods to Sale; (u) F4hi(U 7^»«, tap, II, D 1 Uvs, yi Of the City. Part a But the general Ufc that they were put to, was the Pleafurc of •walking or riding in them ; in the Shade in Summer, and in Winter in the Dry ; like the prefent Piazza's in Italy. ^elUius Patereulus (a)^ when he deplores the extreme Corruption of Manners that had crept into Romcy upon the otherwife happy Conclufion of the Carthaginian War, mentions particularly the Vanity of the Noblemen, in endeavouring to out-fhine one a- nother in the Magnificence of their Portico's^ as a great Inftance of their extravagant Luxury. And Juvenal in his Seventh Satyr complains : Balnea fexcentis, ^ pluris Porticus^ in qua Cejiatur Dominus quoties pluit : anne ferenum Expe^et^ fpargatve luto jumenta recenti ? Hie potius namque hie mund<£ nitet ungula rnula. On fumptuous Baths the Rich their Wealth beftovr, Or feme expenfive airy Portico ; Where fafe from Shov/ers they may be born in State; And, free from Tempefts, for fair Weather wait ; Or rather not exped the clearing Sun ; Thro' thick and thin their Equipage mull run : Or (laying, 'tis not for their Servant's fake, . But that their Mules no Prejudice may take. Mr. Charles Dryden. Arch e s werepublick Buildings, defign'd for the Reward and Encouragement of noble Enterprizes, ereded generally to the Honour of fuch eminent Perfons as had either won a Vidloryof citraordinaryConfequence Abroad, orhadrefcu'd the Common- wealth at Home from any confiderable Danger. At firft they were plain and rude Structures, by no means remarkable for Beauty or State. But in latter Times no Expences were thought too great for the rendring them in the higheft manner Splendid and Magnificent : Nothing being more ufual than to have the greateft Adions of the Heroes they flood to honour, curioufly exprefs'd, or the whole Proceflion of the Triumph cut out on the Sides. The Arches built by Romulus-wcTC only of Brick ; that of Camillus., of plain fquare Stone ; but then thole of Cafar, Drufus^ Titufj Trajan^ Gordian^ &c. were all entirely Marble {h). As to their Figure, they were at firlt Semicircular, whence probably they took their Names. Afterwards they were built (rf) Li^. 2. cap. I. (i) F«*r»«V "Ke;*!*, Mp. 14. Four* Book I. Of the C IT X. J3 Four-fquare, with a fpacious arched Gate in the Middle, and lit- tle ones on each fide. Upon the vaulted part of the Middle-Gate, hung little wing'd Images, reprefenting Vidory, with Crowns in their Hands, which when they were letdown, they put upon the Conqueror's Head as he pafs'd under in Triumph (^j. The C o I. u M N s or Pillars were none of the meanest Beau- ties of the City. They were at laft converted to the lame Defign as the Arches, for the honourable Memorial of fome noble Vi- £l:ory or Exploit, after they had been a long time in Ufe for the chief Ornaments of the Sepulchres of great Men; as may be ga- thered from //ow2^r, Iliad 1 6. where 'Juno^ when fhe's foretel- ling the Death of Sarpedon^ and fpeaking at laft of carrying him into his own Country to be bury'd, has thefe Words ; ^Ev^a. I TA^ypa-iat KAffiynnoi ts, trai ts, 1\ilAQ(i> Tg s"»iAi^ T£, To j<) yi^.i ojf ^av'qvtcov* There fhall his Brothers and fad Friends receive The breathlefs Corps, and bear it to the Grave. A Pillar fhall be rear'd, a Tomb be laid, The noblefl Honour Earth can give the Dead. The Pillars of the Emperors Trajan and Antoninus have been extremely admir'd for their Beauty and curious Work; and therefore deferve a particular Defcription. The former was fet up in the Middle ofTrajan^ Forum^ be* ingcompos'd of 24 great Stones of Marble, but fo curioufly ce- mented, as to feem one intire natural Stone. The Height was 144 Foot, according to Eutropius (b) ; tho' Martian (c) feems to make them but 128: Yet they are eafily reconcil'd, if we fuppofe one of them to have begun the Mcafure from the Pillar itfelf, and the other from the Bafis. It is afcended on the In- fide by 185" winding Stairs, and has 40 little Windows for the AdmifTion of the Light. The whole Pillar is incruftcd with Marble; in which are exprefs'd all the noble Actions of the EiTt- peror, and particularly the Dacian War. One may fee all over it the fevcral Figures of Forts, Bulwarks, Bridges, Ships, ^c. and all manner of Arms, as Shields, Helmets, Targets, Swords, Spears, Daggers, Belts, t^c. together with the feveral Offices and Employments of the Soldiers ; fome digging Trenches, fome meafuring out a Place for the Tents, and others making a (r.) F^hIi:i%oma, ca^. 15. (i) Hiji. lib. t. (c) Lib. 3. cap. ij. P 3 Triuta ^4 Of the City. Part II. Triumphal ProcelTion (a). But the noblefl Ornament of this Pil* lar, was the Statue of Trajan on the top, of a Gigantick Bignefs ; being no lefs than twenty Foot high. He was reprefented in a Coat of Armour proper to the General, holding in his Left-Hand a Sceptre, in his Right a hollow Globe of Gold, in which his own Afhes were repofited after his Death (b). The Column of //;?^<>;f/«r/j was rais'din Imitation of this,which it exceeded only in one Refped, that 'twas 1 76 Foot high (c) : For the Work was much inferior to the former, as being under- taken in the declining Age of the Empire. The Afccnt on the Infide was by 106 Stairs, and the Windows in the Sides 5-6. The Sculpture and the other Ornaments w^ere of theiiane Nature as thofe of the firft : And on the top rtood a Co/-;///// of the Empe- ror naked, as appears fromfomeof his Coins {d). Both thefc Columns arc (till Handing at Rome ; the former mofl: entire. But Pope Sixtus the firll, inllead of the two Statues of the Emperors, fet up St-Pcter'^ on the Column of Trajan^ and St. Paul's on that of A-/:tonimis (e). Among the Columns we muft not pafs by the MUiarhtm au' reum^ a gilded Pillar in the Forum^ eredcd by Aiigujlus Ccefar, at w^hichall theHigh-ways of //;«/>- met, and were concluded (J). From this they counted their Miles, at the End of every Mile fetting up a Stone; whence came the Phrafe of Primus abUrbe Lapis, and the like. This Pillar, as Mr. Lajfcls informs us, is (till to be feen. Nor muft we forget the Cohrmna BelUca^thui defcrib'd by Ovid, Profj>icit a tcrgo fummum I revis area Circum^ Efi ibi non farzut parva columna not£ : Hinc folet hajla mann belli prcenuncia mitti In regem l!^ gent em ^ cum placet armacapi (g). Behind the Circus on the level Ground Stands a fmall Pillar, for its ufe renow^n'd : Hence 'tis our Herald throws the tatal Spear, Denotes the Quarrel, and begins the War. But thofe v.'ho admire Antiquity, will' think all thefe inferior to the Cohimna Rojir^ta^ fet up to the Honour of C. Duilius, when he hadgain'd fo famous a ^Mdory o\ ex i\\c Carthaginian ^n^ Sici- lian Fleets, A. U. C. 493, and adorn'd with the Beaks of the Vef' fels taken in the Engagement. This is (till to be feen in Rome^ (rt) Febr:'a»i, c, ?• (*) CafAiitfs Pa^, I. c. ir. (<) Marlian. 1. 6. C. 13. (). And firft he lopp'd an Oak's great Branches round ; The Trunk he faften'd in a rifing Ground : And hercfix'd the fliining Armour on, The mighty Spoil from proud Mezentius won : Above the Creft was plac'd, that dropt with Blood, A grateful Trophy to the warlike God; His fhatter'd Spears (luck round : The Corllet too, Pierc'd in twelve Places, hung deform'd below: While the Left-fide his mafly Target bears, The Neck the glittering Blade he brandifh'd in the Wars. Of thofe Trophies which Marius rais'd after the Cimbric War, dill remaining at y^owif, we have this Account in Fabricius :They are two Trunks of Marble hnngroundisjith Spoils : One of them ts covcr''dvjitha Scaly CorJJet^ wtth Shields and other Military Orna- ments : Ju(l before is^ it fet a young Man in the Pofiure of a Captive with his Hands behind bim^ and all round VJere •iving'd Images of Fidorv. The other is fet out with the common Military Giirb^ having a Shield of an wnequal Kound^ and two fielmets^ one open and adorned with Crejls^ the other clofe without Crejis. On the fame Trophy is the Shape of a Soldier'* s Cort^ zuithfevf' ral other Defigns^ which by reafon of the Decay of the Marble^ ere very difficult to be dif covered (c). (/i) Ctor^. i. (;) Virg.^'^neid. ii. (c) FahictMS, Cif. I4. D 4 CHAP $6 Of the City. Part II.' CHAP. VII. Of the Bagnio's, Aqu£edu6bs, Cloacx, and Pub- lick Ways. HTHere cannot be a greater Inflance of the Magnificence, or -^ rather Luxury of the Romans^ than their noble Bagnl&'s. Amm'tanHs Mnrceiityius obfcrves frf), that they were built in mo' dnm Prdvinciarum^ as large as Provinces: But the gvc^itF'alefius (b) judges the Word Provmciarzira to be aCorrupiion of Fife i- aarum. And tho' this Emendation does infome Meafure exte- nuate one part of the Vanity, which has been fo often alledg'd againll them, from the Authority of that PalFage of the Hifto- rian ; yet the prodigious Accounts wc have of their Orna- ments and Furniture, will bring them, perhaps, under a Cen- fure no more favourable than the former. Seneca fpeakingof the Luxury of his Country-men in this Refpedl, complains, That they were arriv'd to fuch a Pitch of Nicenefs and Delicacy, as to fcorn to fet their Feet on any thing but precious Stones (c). And Pli^y wifhes good old Fabricius were but alive to fee the Degeneracy of his Poftcrity, when the very Women mull have their Scats in the Baths of folid Silver (d). But a Defcription fromi a Poet, may, perhaps, be more diverting ; and this Statins Mas oblig'd us with in his Poem upon the Baths of Claudius ^trufcus^ Steward to the Emperor Claudius. ^il ibi pleheium: nuffuam lemefaa vidcbls JErci^ fed argento felix propelUi^-rr unda.^ Argentoq^ue cadit^ lahrij'que mtentihus infiut Delicias miratafuas^ CJ ^bire recufit. Nothing there's Vulgar : not the fairefl: Draft In all the glittering Strudure claims a Place. From Silver-Pipes the happy V/aters flow, In Silver-Cillerns are receiv'd below. (a) ^»tmi4n. ^i*\tell. lib. I6. {b'\ Not$ ad iott^m, U) tfijh i6. i<^) Lib. 33; cap. ^i. See Book I. Of the City: ff See where with noble Pride the doubtful Stream Stands fix'd in wonder on the fliining Brim ; Surveys its Riches, and admires its State; Loth to be ravilh'd from the glorious Seat. The mofl: remarkable Bagnio's were thofe of the Emperors Diocletian and Antoninus Caracalla; great part of which are landing at this time, and with the vaft high Arches, the beau- tiful and (lately Pillars, the extraordinary Plenty of foreign Marble, the curious vaulting of the Roofs, the prodigious Number of fpacious Apartments, and a thoufand other Orna- ments andConveniencies, are as pleafing a Sight to a Travel- ler as any other Antiquities in Rome. To thefe may be added the Nymphaai a kind of Grottos fa- credto the Nymphs, from whofe Statues, which adorn'dthem, or from the Waters and Fountains which they afforded, their Name is evidently deriv'd. A fhort ElTay of the famous Lucas Holjlenius on the old Pifture 'of a Nymphaum dug up at the Foundation of the Palace of the Barberini, is to be met with in the YoxixihTomQoiGravius^sThefarirus^ p. 1800. The AquceduBs were, without queftion, fome of the nobleft Defigns of the old Romans. Sextus 'Julius Frontinus^ a Roman Author, and a Perfon of Confular Dignity, who has compil'd a whole Treatife on this Subjedt, affirms them to the cleared Token of the Grandeur of the Empire. The firft Invention of them is attributed to Appius Claudius ., A. U. C. 44 1 . who brought Water into the tHity by a Channel of eleven Miles in Length. But this was very inconfiderable to thofe that were afterwards carried on by the Emperors and other Perfons ; feveral of which were cut thro' the Mountains, and all other Impedi- ments for above forty Miles together ; and of fuch an Height, that a Man on Horfeback, as Procopius informs us, might ride thro' them without the leaft Difficulty (a). But this is meant only of theconftant Courfeof the Channel; for the Vaults and Arches were in fome Places 109 Foot high (b). Procopius (c) makes thcAquccduBs but fourteen: Fidor (J.) has enlarg'd the Number to twenty : In the Names of them the Waters only were mention'd ; as Aqua Claudia^ Aqua Apfia^ &c. The noble Poet Rutilius thus touches on the AquaduBs^ m. his ingenious Itinerary : (a) Procafiusde bell. Goth lih. T. {!') Sm, Jul, ErvAht. (c) Dt belhCotlt. Jib. X. {d) Dsfcrip, Vrb. T^Z'''^, Q^id jS Of the CiTX. Part IL Quid hqaar aerio fendentes jormce rivos^ Qua fix imbriferas tollcret Iris aquas ? Hos potius dicas crevijfe in fydera monies^ Tale Giganteum Grsecia laudat opus (a). What fhonld I finghow lofcy Waters flow n From fiiry Vaults, and leave the Rain below, C While coiiquer'd /r/j yields with her unequal Bow? 3 Bold 'Typhon here had Ipar'd his Strength and Skill, And reach'd Jove's Walls from any lingle Hill. But that which PU^v calls Opus ommum maximum^ were the Cl(iac(£y or common Gutters for the Conveyance of Dirt and Filth. And becaufe no Authority can be better than his, we may vcntuFe to borrow the whole Account of them from the fame Place, Coloaccey opus omrAum maximum^ &c. * The ColaccCy the greatelt of all the Works, hccontriv'd by ' undermining and cutting thro' the fevcn Hills upon which * RofTte is feated, making the City hang, as it were, between * Heaven and Earth, ^nd capable of being fail'd under : M. ' Agrippa. in his Edilcfhip, made no lefs than feven Streams ' meet'' together under Ground in one main Channel, with fuch ' a rapid Current, as to carry all before them that they met * with in their Pafiage. Sometimes, when they are violently '^ fweird with immoderate Rains, they beat with exceflive Fury ' againft the Paving at the Bottom, and on the Side*. Some- ' times in a Flood, the Tiber Waters oppofe them in their * Courfe; and then the two Streams encounter with all the ' Fury imaginable ; and yet the Works prelerve their old ' Strength, without any fenfible Damage. Sometimes huge ' Pieces of Stone and Timber, or fuch like Materials, arc car- *■ tied down the Channel, and yet the Fabrick receives no De- *■ trimcnt. Sometimes the Ruins of whole Buildings deftroy'd * by Fire or other Cafualties, prefs heavily upon the Frame. * Sometimes terrible Earthquakes fhake the very Foundations, * and yet they ftill continue impregnable almoll 800 Years ' fince they were firft laid by Tarquinins (b). Very little inferior to the Works already mcntion'd, were tlie Publick Ways, built with extraordinary Charge, to a great Diftance from the City on all Sides. They were generally pav'd with Flint, tho' fometimes, and efpccially without the City, (,1) %ut:L IthcrAr -lib. I. (h) rit^. lib. ;6, cap. Ij. with Book I. Of the City. 59 with Pebbles and Gravel. The moft noble, in all Refpe6ts, was the ^ia Appia^ taking its Name from the Author Appius^ ihe fame that invented the Cloaca. This was carried to fuch a vaft Length, that Proro;?/»j (a) reckons it a very good five Days Jour- ney to reach the End : And Lipfius {b) computes it at 35-0 Miles. An Account of as much of this Way as lies between Ky/ne^wd Naples^ the Right Reverend the prefent Lord Bifhop of Sarum has oblig'd us with in his Letters (c) : He tells us, 'tis twelve Foot broad; all made of huge Stones, mod of them Blue; and they are generally a Foot and a half large on all Sides. And prefent] y after, admiring the extraordinary Strength of the Work, he fays, that tho' it has lafted above 1800 Years, yet, in molt Places, 'tis for feveral Miles (d) together as intire as when it was firft made. And as to the Via F/aminia, the next Caufey of Note, the fame Author obferves, that tho' it be not indeed (o intire as the former, yet there is enough left to raife a juft Idea of the Roman Greatnefs. I mult defire leave to conclude this Subjeft with the ingeni- ous Epigram of 7^»« J Vitalis^ an Italian Poet. Quid Rom.am in media quarts novas advena Roma, Et Romas in Roma nil reperis medie ? Aufpice mnrorum moles., praniptaque faxay Obrutaaue horrenti vafta T'heatrafitu : Hac funt Roma : Viden" velut ipfa cadavera tantae Urbis adhuc fpirent imperiofa minas ? Vicii ut hccc mundum^ ntfa ejlfe vine ere '. vicity A J'e non vi^um ne quid in orbe foret. Hinc viiia in Roma vidrix Roma illafepuha ejl^ Atque eadem vtSirix vidiftque Roma juit. Albula Romani rejlat nunc nominis index., Qui quoque nunc rapidis fertur in cequor aquis. Difce hinc quid pojjlt fortuna\ immota lahafcuHt^ Et qua perpetuo funt agitata., manent. To feek for Rome., vain Stranger, art thou come, And find'ft no Mark, within Rome\ Walls, of Rome ? See here the craggy Walls, the Tow'rs defac'd. And Piles that frighten more than once they pleas'd : See the vaft Theatres, a fliapelefs Load, And Sights more Tragick than they ever fliow'd : (^) De BcU.'Coth. lib, I. (i) Ds Ma^n. 7^«. (■) Lcctet 4th. (d) Ibid, This 6o Of the City. Part II. fliFs, this i"; Rome: Her haughty Carcafs fpread Still awes in Ruin, and commands when dead. The S- bjcd World firft took from her their Fate; Arid wnen flie only flood unconqucr'd yet, Herltlf fhe lafl: fubdu'd, to make the Work compleat. B'lt ah ! fo dear the fatal Triumph coft, That conqu'ring Rome is in the conquer'd loft. Yci: rolling Tiber dill maintains his Stream, Swell'd with the Glories of the Roman Name. Strange Power of Fate! unfhaken Moles muft wafte; While Things that ever move, for ever laft. PART P A R T 11. B O O K n. Of the Religion of the Romans. C H A P. I. Of the Religion and Morality of the Romanj in General, jHAT Religion is abfolutely necelHry forth© Eftablifliing of Civil Government, is a Truth fo far from being deny'd by any fort of Perfons, that we meet with too many who are unwilling to al- low any other Defign in facred Inftitutions. As to the Romans^ it has been univcrfally agreed, That Virtue and Fortune were engag'd in a fort of noble Conten- tion for the Advancement of the Grandeur andHappinefs of that People. And a Judge not fufpeded of Partiality in that Cafe, has concluded the latter to be only a Confequence of the former. For Religioit^ fays he (a)^ produc''d good Lavjs^ good Laws good Fortune ^and good Fortune a good End in whatever they undertook. Nor perhaps, has he ftrain'd the Panegyrick much too high, "when he tells us, Thitforfeveral Ages together^ never was the Fear of God more eminently covfpicuous than in that Repub- lick (b). 'Twas this Confideration which made the great St. Auftin obferve /'c j,.That God would not give Heaven to the Romans^ becaufe they were Heathens ; but he gave them the Empire of the World becaufe they were Virtuous. And iu- («t) AUchiavcrs Difcourfc on Liv^, lib. r. ^tt Dei, lib. 4. csip. i;, cap. 1 r. (h) Ibid, (t) De Civi- deed. Sz Of the Religion of Part II. d'icd: ;:i their more general Virtues thtir Pradice incliiiM ra- ther 'O the Excefs thaa the Defedt: Thus were they devout to S'.i perdition; valiant to a Contempt of Life, and an inconfide- rate courting of Danger : Frugal and temperate in the firft Ages, to ?. voluntary Abftinence from agreeable Pleafures and Convenicncies ; Conftant, fcveral times, to the Occafion of their own Ruin, and ratr.cr Rigorous than Juft. A tedious Ac- count of the Decit^ iitgulus^ FabriciHS^ Curius^ Scavola, &c. would be needlefs even to a School-boy, who is feldomunfur- nifli'd with a flock of fuch Hiftories. But we muft by no means omit a moft noble Saying of C/- cero^ to this Purpofe, in his Oration about the Anfwer of the Arufpices : Quarn volumus licet ^ Pntres Conjcripti^ ttos amemus : tamen nee numero Hifpanos^ nee robore Gallos^ nee callidhate Pof »os^ nee arttbus Grcecos ; nee denique hoc ipfo hujus Gentis ^ iCerrce domejiico nativoque fenfu Italos ipfos ^ Latinos^ fed Pie- tateac Rehgtone^ atque hac una fapientia quod Deorum immorta- Hum Nuraine omnia regi gubernarique perfpeximus^ omnes Gentes Nationefque fuperavimus. But 'twill naturally be obie£led, that whatever Harangues^we make upon the Juftice, Temperance, and other celebrated VirOies of the old Koreans, they at laft: degenerated into the moft luxu- rious and extravagant People in the World. Every Page of their ownSatyrifts is a very good Argument for this Opinion; befides the numerous Complaints of their Hiftorians and other Writers. Now tho' Lipfius has undertaken to bring them off clear from all fuch Imputations ; yet, I think, we muft be forc'd to allow, that they did indeed debale the noble and generous Spirit of their Anceftors ; and this Corruption was, without doubt, the only Caufe of the Declenfion and final Ruin of the Empire. But as we are not to give over the Caufe of Virtue, on Account of the Debauchery of latter Times, fo we have little Reafon to ex- alt the eminent Qualities of the old Romans to fo high a Pitch as fome imagine. There's no Neceflity of making a Hero of every Conful, or fancying every one who was eminently fcr- viceable to the Republick, to have been a Perfon of a con- fummate Virtue. So that when we meet in ^^o/^^z;^ Authors with fuch extravagant Encomiums of their Anceltors, we may con- clude, that what //or^f^ has obferv'd in reference to Poetry, will hold altogether as well in this cafe: the Generality of People being fo ilrangely tranfported with the Love and Admiration of Antiquity, that nothing was more ufual than to meet with llich a Perfon as he dcfcribes, Qui Book II. if^^ Romans. ). They run naked, becaule Fan is always painted fo. Theyfacrificed a Goat, becaufe the (lime Deity was jfuppos'd to have Goats Feet ; which gave Occalion to his common Epithet of Capripes. As for the Dog we meet w ith in the Sacri- fice, 'twas added as a nccclfary Companion of a Shepherd, and becaufe of the natural Antipathy between them and Wolves. Some have fancy'd with Plutarch^ that thei^GL^/percalia were in- ftituted in Honour of the Wolf that preferv'd Romulus and Remus. Others carry their Original much higher, and tell us, that they Were brought mio Italy by Evander^ before the time oi JEneas. There were two Companies of the Luperci^ the Fabiani and QuinB'tl'tam \ one for Romulus^ the other for Remus: They took their Names from Fabins and Quin6lUius^ two of their Mafters or Chief Prieds {c). Dion Cajfius tells us, that a third fort of iPriefts, delign'd for the Celebration of the Lupercalia^ were in- flituted by the Senate to the Honour o^ Julius Co-far (d). Sueioniu s(c)rcckons theLupercalia among the ancient Rites and Ceremonies rcftor'd by Jugu/ius :An.d(Jnuph.Panvinius afTures us they continu'd in Rome till the time of the Emperor Anajiafius. 1. Potitii and Pinarii.'] The Potitii and P/«^m were of equal Antiquity with the former. They owe their Inftitution to the fame Author^ upon the following Account : After the killing of Cacus^ a Giant that had flole fome of Hercules''s Cattle, the Booty that he brought through Italy^ from Spain; the Shepherds and ignorant People of the Country, gathering in great Flocks about the Stranger, at lafl: brought him before Lvandcr, The King, after Examination, finding him to ( come too late to the Sa- crifice, fo as to lofe their fhare in the Entrails, they were, by way of Punifhment, debarr'd from, ever tafting them for the Future : And hence fome derive their Name from thi , Hung r. But this I take to be but a trifling Fancy; for we may ns well derive Potitii frompotiri^ becaufe they cnjoy'd the Entrails, n^l warti from ttS;^ o^ becaufe they wanted them. We meet with fomething very remarkable of the Potitii in Livy (a), and f^alerius Maximus (b) : That when, upon Application made to Appius Claudius the Cenfor, they got Leave to have their Hereditary Miniftry dif- charg'd by Servants, in the compafs of one Year the whole Fa- mily was entirely extind, tho' no lefs than thirty of them were lufty young Men. And Appius Claudius loft his Eyes, as a Judg- ment for his Part in the Offence. Acca Laurentia^ Romulus'* 'b't>\M\&^ had a Cuftomoncea Year to make a folemn Sacrifice for a Blefling upon the Fields : Her twelve Sons aflilh'ng her always in the Solemnity. At laft fhe had the ill Fortune to lofe one of her Sons ; when Romulus^ to fhew his Gratitude and Refpe61:, offer'd himTelf to fill up the Number in his Room, and gave the Company the Name of Fratres Arvales. This Order was in great Repute at Rome ; they held the Dignity always for their Lives, and never loft it upon account of Imprifonment, Banifliment, or any other Accident (c). They woreon their Heads, at the time of their Solemnity, Crowns made of Ears of Corn, upon a Tradition that Laurentia at firft pre- fented Romulus with fuch an one {d). Some will have it, that it was their Bufinefs to take Care of the Boundaries, and the Divifions of Lands, and to decide all Controverlies that might happen about them : The ProcefTions or Perambulations made under their Guidance, being term'd Ambarvalia : Others make a different Order, inftituted for that Purpofe, and call'd Sodales Arvales, on the fame Account as the Fratres Arvales. 0) Lib, 9t (b) Lib. 1. C. I. (c) PUn, i, 17, C, 2. (d) Ptmp. L?-r. The !r///c;^«jreceiv'dit, as the gene- ral Tradition goes, from a Boy that they flrangely plough'd up out of the Ground, who oblig'd them with a Difcovery of all the My- lieries belonging to this Art(/^). At firft only the Natives oiTufcany exercis'd this Office at Rome\ and therefore the Senate made an Order, that twelve of the Sons of the principal Nobility Ihould be fent into that Country to be infl:ru c or 70 Of the Religion of Part II. or bounded up, and roar'd very loud when they rcceiv'd it; Whe- ther they died with a great deal of Difficulty; all which, with fcvcral other Omens, were counted unfortunate: Or whether, on the other fide, they follow'd the Leader without Compul- sion; receiv'd the Blow without Struglingand Reliftance; Whe- ther they died calily, and fent out a great Quanuty of Blood, which gave equal AlFurance of a Profperous Event. In the Bead, when cut up, they obferv'd the Colour of the Parts, and whether any were wanting. A double Liver was counted highly unfortunate: A little, or a lean Heart was always un. iucky: If the Heart was wholly miffing, nothing could be thought more fatal and dreadful ; as it happen'd in two Oxen together, offer'd by Juiifs Cafar^ a little before his Murder ; if the En- trafls fell out of the Priefl's Hands ; if they were befmear'd more than ordinary with Blood ; if they were of a Pale livid Colour, they portended fudden Danger and Ruin. As to the Flame of the Sacrifice, it furnifh'd them with a good Omen, if it gather'd up violently, and prefently confum'd the viacrifice : U it was clear, pure, and tranfparent, without any Mixture of Smoak, and not difcolour'd with red, pale, or black; if it was quiet and calm, not fparkling or crackling, but run up diredlly inthe Shape of a Pyramid. On the contrary, it always portended Misfortunes, if at firft itrequir'd much Pains to light it ', if it did not burn upright, but roU'd into Circles, and left void Spaces betw^ecn them; if it did not prefently catch hold on the whole Sacrifice, but crept up by Degrees, from one Part to another ; if it happen'd to be fpread about by the Wind, or to be put out by fudden Rain, or to leave any Part unconfum'd. In the Meal, Frankincenfe, Wnic and Water, they were to obfcrve, whether they had their due Quantity, their proper Tafte, Colour, and Smell, ^c. There were feveral lefTer Signs which fupply'd them with Conjedures, too iniignificant to be here mention'd. Moft of thefe ill Omens are hinted at by Firgil^ Georg. 3. v. 486. Scefe in honor e Deum medio flans hojlia ad ararn^ Lanea dum nived circurndatur infula viud^ Inte-r cnndantes cecidit moribunda minifiros. Ant Ji quam ferro madaverat ante Sacerdos^ Jnde neque iynpofitis ardent alteria fibris^ Ne refponfa poteji confultus redder e vates : Ac vix fuppoftti tinguntur ^anguine cultri^ 'Summa^ue jeJHud fanie infufcatur arena. The Book II. the Romans. 71 The Vi'dimOx that was for Altars prefs'd, Trim'd with white Ribbons, and with Garlands drcfs'd^ Sunk of himfelf without the Gods Command, Preventing the How Sacrificcr's Hand: Or, by the Holy Butcher if he fell, Th' infpefted Entrails cou'd no Fate foretell: Nor laid on Altars, did pure Flames arife, But Clouds of fmouldring Smoak forbad the Sacrifice. Scarcely the Knife was reddcn'dwith his Gore, Or the black Poifon Itain'd the Sandy Floor. [Mr. Dryien. Yet the Bufinefsof the /Imfpices, was not rcftrain'dto the Al- tars and Sacrifices, but they had an equal Right to the explaining all other Portents and Monllers. Hence we find them often con- fulted by the Senate on extraordinary Occafions : Or if the Roman Antjpices lay under a Difrepute, others went for out of Tufca- ny^ where this Craft moPtflourifh'd, as it wasfirft invented. The College ol Aru[pices as well as thofe of the other Reli- gious Orders had their particular Regidcrs and Records, fuch as the Memorials of Thunders and Lightnings, the Tufcan Hifto- ries, and the like. There are but two Accounts of the Derivation of the Name of the Pont:fices^ and both very uncertain ; either from Po»j, and facerei becaufe they firll built the Sublician Bridge in Rome^ and had the Care of its Repair; or from PoJ[e^n^.^:t, lib. 10. cap. ij. {c) Cap. i. (A Dt Sa'.trd^tih, cap. 5. (■) -^"f 'f. Ub. i, Livy 74 Of the Religion of Part II. Lhy informs us, that the O^ccoi Rex Sacrorumwzs therefore inade inferior to that of Pont if ex Maxtmus^ for fear that the Name of King, which had been formerly fo odious to the People, inii,fhr, for all this Reftraint, be ftill, in fome meafurc, prejudici- al to their Liberty {j). Sail!.'] The Original of Salii may be thus gathered from Plu- tarch. In the eighth Year oi Numci's Reign, a terrible Peltilence fpreading it fcif over /f^/)', among other Places miferably inferted Roine. The] Citizens were almoit grown dcfpcrate, when they were comforted on a fudden by the Report of a Brazen Target, which fthey fayj fell into Numci's Hands from Heaven. The King was aftur'd by the Conference he maintain'd with the Nymph Egeria and the Mufes, that the Target was fent from the Gods for the Cure and Safety of the City ; and this was foon verified by the miraculous ceaHng of the Sicknefs. They advis'd him too, to make eleven other Targets, folikein their Dimenlions and Form to the Original, that in cafe there fliould be a deiign of (dealing it away, the true might not be diftinguifh'd or known fromthofe which were counterfeited; by which means it would be moredif- ficultto Defeat the Counfels of Fate, in which it had been dcter- min'd, that, while this was prefcrv'd, the Ciry fnould prove hap- py and vidtorious. This difficult Work one Vetunus Ma:'nurius very luckily perform'd, and made eleven others that Numa him- felf could not know from the firit. They were work'd into an Oval Form, with feveral Folds or Pleats doling one over another. They exaSIy fitted the Elbow by their Figure; and were thence Q-xWdiAncyl'ta^ from *Af>cJA,»fj which fignifies a crooked Javelin ; or from the C»^/>, f AfjcwcJ that Partof the Arm between the Wrift and the Elbow^, upon which theycarry'd \^QAncylia (b). For the keeping of thelc, Numa inilituted an Order of Priefts, call'd Salii^ ier, lib, I. cai>. 26. (/) Lib. r. 0<<. 37« Cs) Lib. I. Od, 14, Feciales.'] 76 Of the Religion of Part. II. Feciales.'] The Feciales Varro derives from Fides ^ becaufe they had the Care of the Publick Faith in Leagues and Contra6l:s. Others bring the Word afoedere fac'iendo on the fame Account. Their Original in /;frf/y was very ancient. Dtonyfius Halicam. finds them among the Aborigine s^ under the Name ot raroccTo^oe;/, li- baminum latores : And Vtrgil intimates as much in levcraJ Places. Numa firft inftituted the Order at Rome (a)^ conhll- ing of twenty Perfons (h)^ chofc out of the emiaentefl: Fami- lies in the City, and fettled in a College. 'Tis probable he rank'd them among the Officers of Religion, to procure them the more Deference and Authority, and to make their Perfons more Sacred in the Common-wealth. Their Office was to be the Arbitrators of all Controverfies relating to War and Peace; nor was it lawful on any Account to take up Arms, rill they had declar'd all Means and Expedients that might tend to an Accommodation to be infufficient. In cafe theRepublick had fuffer'd any Injury from a Foreign State, they dilpatch'd thefe Feciales^who were properly Heralds, to demand Satisfadion ; who, if they could procure no Reftitution or juft Return,calling the Gods to witnefs againft the People and Coun- try, immediately denounc'd War ; otherwife they confirm'd the Alliance that had been formerly made, or contracted a new one (c). But the Ceremonies us'd upon both thefe Occalions, will fall more properly under another Head. 'Tis enough to obferve here, that both the Affairs were manag'd by thefe Offi- cers, with the Confent of the Senate and People. As io the Pater Pairai as ^\[s not eafy to determine whether he was a conflant Officer, and the chief of the Feciales; or whe- ther he was not a temporary Miniller, elefted upon Account of making a Peace or denouncing War, which were both done by him. Kofmus makes him the conltaut Governour, or Mafter of the Feciales (d). Fenejlella^ (or the Author under his Name) a ditiind Officer altogether f^j. Pomponius Latus ( f ) and Polydore f^irgil(g) tell us, that he was onlychofeby oneof the/'>f/W(?/,out of their ov*^n Body,upon fuch Occalions as we niention'd but now. The latter Opinion may be defended by the Authority of Lm', who, in order to the Treaty with the Albans before the triple Combat of the Horatii and Curiatii, makes one of the Feciales chufe a PatcrPatratus to perform that Ceremony (h). The Perfon to be intruded with this Office mull; have been one who had a (4) Dionyf. Livy. (t) ^Itx. ab ^lex. 1. J. C. J. (c) Ptntarch, in Num. (d) Lib. J. cap. 21. ( 4*". (c) Be invent. T^er. lib. I. cap. 14. (fi) Plutarch, in Num. (e) ^Icx. ah ^lex. 1. 5, C. 12. Macrob. SatHrnal. lib. I. «ap. II, (/) ^Jcx. Ab -Mes. Ibid. (?) ^. GtU. lib. 1. «p. 12. ' Order, Book II. the Romans. 79 Order, and chufe any Condition of Life that befl: fulted with their Inclinations; tho' this was counted unlucky, and therefore feldom put in Pradice. Upon Commiflion of any lefTer Faults, they were punifh'd as the Fontifex Maximus (who had the Care ofthemj thought fit. But if they broke their Vow of Virginity, they were conllantly buried alive in a Place without the City- Wall, allotted for that particular Ufe (a)^ and thence call'd Campus Scelerafus^ as Fejlus informs us. But this fevere Condition was recompenc'd with feveral Pri- vileges and Prerogatives. When they went abroad, they had the Fafcei carried before them /^), a Conful, or the Prator^ being oblig'd to give them the Way (c). And if in their Walk they cafually lighted upon a Malefador leading to Execution, they had the Favour to deliver him from the Hands of Juftice, provided they made Oath that their Meeting was purely acci- dental, without anyCompadorDefignf^O- (j) Plutarch, in Num. (i) Ibid, (c) ^Itx. ab ^Ux. lib. y. cap. iz. (d) Tlntareh. in Nura. CHAP. vir. of the Dnumvirl, Decemviri, and Quindecemviri, Keepers of the Sibylline IVritings : And of the Cory- bantes, orPriefls o/Cybele, and the Epulones. THEFirft of thefe Orders, famous only on Account of the Relicks they preferv'd, owe their Original to this Oc- cafion. . p , A ftrangeold Woman c-xmt onccioTarqmmus Superbus with nine Books ; which, fhe faid, were the Oracles of the Sibyls, and proffer'd to fell them. But the King making fome Scruple about the Price, flie went away and burnt three of them ; and returning with the (ix, ask'd the fame Sum as before. 'Tarquin only laugh'dat the Humour: Upon which the old Woman left him once more; and after flie had burnt three others, came again with them that were left, but llill kept to her old Terms. The King begun now to wonder at her Obttinacy, and thinking ° there So Of the Religion of Part 11. there might be fomething more than ordinary in the BufincfS) fcnt for ih^/ifigurs to confult what was tobedone. They, when their Divinations were perform'd, foon acquainted him what a Piece of Impiety he had been guilty of, by rcfufing a Trcafure fent to him from Heaven, and coirananded him to give what- ever fhe demanded for the BooivS that remain'd. The Woman receiv'd her Money, and delivered the Writings; and only charg- ing them by all means to keep 'em Sacred, immediately vanifh'd. Two of the Nobility were prcfently after chofe to be the Kee- pers of thefe Oracles, which were laid up with all imaginable Care in the Capitol, in a Chert under Ground. They could not beconfiiked without a fpecial Order of the Senate, which was never granted, unlefs upon the receiving fome notable Defeat, upon the riiing of any confiderable Mutiny, or Sedition in the State; or upon fome other extraorcinary Occalion (a) j feveral of which we meet with in Livy (b). The Number of Prices iii this, as in moft other Orders, were feveral times alter'd. The DHumTjiri they had the common continu'd till about the Year of the City K;*me of D,^umviri, {De- gg ^^^^ ^^^ Tribuncs of the People ten Men elected for this Service, part out of the Nobility, and part out of the Commons. We meet with the Decemviri all along from hence^ till about the Time of Sylla the Diflator, when the Quindecemviri occur : Which Addition of five Perfons may, with very good Reafon, be at- tributed to him, who increas'd fo many of the other Orders. 'Twere needlefs to give any farther Account of the Sibyls^ than that they are generally agreed to have been ten in Number; for which we have the Authority of Farro ; tho' fome make them nine, fome four, fome three, and fome only one (c). They all liv'd in different Ages and Countries, were allProphe- teffes ; and, if we believe the common Opinion, foretold the coming of our Saviour. As to the Writing, Dempfter tells uSj 'twas in Linnen (d). But one would think the common Phrafe of Folia Sibylla^ us'd by J^irgil^ Horace, and other credible Au^ thors, fhould argue, that they wrote their Prophecies on Leaves of Trees ; efpecially if we coniider the great Antiquity which is generally allow'd them, and are affur'd at the fame time by Plin\ (e), that this was the oldeft way of Writing. (a) Dionyf. ^it:, lib. j. cap. 24. (d) aid. ie) Lib. jj. cap. II. Soltnus Book II. tbe KouAtiS, 8 1 Solinus acquaints us, That thefe Books which 7<^r^j«/» bought, were burnt in the Conflagration of the Capitol, the Year before Sylla^s Didtarorfhip (n). Yet there were others of their infpir'd Writings, or at lead Copies or Extrads of them, gather'd up in Greece and other Parts, upon a Ipecial Search made by Order of the Senate; which were kept with the fame Superrtition as the former, 'till about the Time of I'beodofius the Great, when the greatcft Part of the Senate having embraced the Chrillian Faith, fuch Vanities begun to grow out of Fafhion ; 'till at laft Stilicho burnt them all, under Honor ms^ for which he is fo fe- verely cenfur'd by the noble Poet Rutiliusy in his ingenious Itinerary : Nee taatum Geticis grajfatus prodkor armis^ Ante Sibyllinse fata cremavit Opis. Odimus Althasam confumpti funere torr'ts Nifseum crinem flcre putantur aves. At Stilicho ctterni fatalia pignora libr::, Et plenas voluit pracipitare colus. Nor only Rofnan Arms the Wretch betray'd > To barbarous Foes; before that curfed Deed, ^ He burnt the Writings of the facrcd Maid. 3^ We hate Althaa for the fatal Brand; When Nifus fell, the weeping Birds complain'd : More cruel he than the revengeful Fair; IVIore cruel he than Nifus^ Murderer. Whofe impious Hands into the Flames have thrown ^ The heavenly Pledges of the Roman Crown, > Unrav'lling all the Doom that careful Fate had fpun. ^ Among all the Religious Orders, as we meet with none off ner in Authors ; fo there were none of fuch an extravagant Confti- tution as the Priefts of Cybele. We find them under the different Names of ('iJ' J Curetes^ Corybantes^ Galli^ and Idxi Dadyl); but can fcarce get one tolerable Etymology of either. As for Cybele herfelf, fhe is generally taken for the Earth, and is the fame with Rhea, Ops, Berecynthia, the Idaan Mother^ the Mother of the Gods, and the Great Goddefs. She was invited and receiv'd into Rome, from Pefinus'm Galatia, with great Solemnity, upon Advice of the Sii?yHine Oracles (c). (a) P?(fhifl»r. €. 8. (ij Yidt Ditn)f, ^nuQ, lib. 4. (<:) LiV, lib, jp. cap. 14. F But St Of the Religion of Part It But to return to her Priefts : We find little of any Certainty about them, only that they were all Eunuchs, and by Nation Phrygians', and that in their Iblemn Proceffions they danced in Armour, making a confus'd Noife with Timbrels, Pipes, and Cymbals, howling all the while as if they were mad, and cutting themlelves as they went along. One would little think that this was the Goddefs, who required fuch a facred Silence in her My- Iteries, as Firgil {a) would perfuade us (he did. And thebeftwe could fuppofe at the Sight of this bawling Retinue, is, that they were going to fettle a Swarm of Bees; for which Service the fame Poet recommends the Ufe of the Cymbals of Cybele (b). But we cannot have a better Relation of the Original, and the Manner of their ftrange Solemnity, than what Lucretius has given us in his Second Book. Hanc varice gente antiquo more facrorum Idceam vocitant Matrem^ Phrygiafque catervas Dant Comites^ qui frimum ex ilUs finibus edftnt Per terrarum orbem frnges cocpijfe creari. Gallos attribuunt^ quia numen qui violdrint M.atris^ l^ ingrati genitoribus inventi funt^ Significare ijoluiit indignos ejfe putandos Vfvam progetiiem qui tn oras Inminis edant. Tympana tenia tonant palmis CT* cyrnbala circum Concava^ raucifonoque minantur cornua cantu^ Et Phrygio Jlimulat nnrnero cava tibia mentes ', Telaque praportant violenti figna furoris, Ingratos animos^ atque impia pedora volgi Conterrere metu quce pojjint numine diva. Hie armata manus (Curetas. nor/iine Graii Qhos memorant Phrygios) inter fc forte catervis Ludunt^ in numerumque exfultant fanguine Iceti ; ^ Terrificas capitum quatientes numine criftas. Did^eos referunt Curetas : qui Jovis ilium Vagitum in Cretd quondam occultdjfe feruntur. Cum pueri circum puerum pcrnice chorea Armatio in numerum, pulfarent aribus ara^ ]Ve Saturnus eum matis mandaret adeptuSy JEternumque daret matri fub peSiore vuhus. Concerning her, fond Superflition frames > A thoufand odd Conceits, a thoufand Names, > And gives her a large Train of Phrygian Dames : j (*) ^ntid, 3, {b}Ge9rg, 4. Becaufc Book IL ^^ Their Crefts ftill fliaking with a dreadful Nod. j> Thefe reprefent thofe armed Priefts who ftrove To drown the tender Cries of Infant Jove: By dancing quick, they made a greater Sound, And beat their Armour as they danc'd around, Left Saturn fliould have found, and eat the Boy, And Ops for ever mourn'd her prattling Joy. Mr. Creech. But we muft not omit a more comical, though a fliorter Ac- count that we have of them in Juvenal : Matrifque Deum chorus intrat, ^ ingens Semivir ohfcxno fades reverenda r/iinori., Mollia qui rupta fecuit genitalia tejla^ Jampridem cui rauca cobors, cui tympana cedunt^ Plebeia "—(a). And Cybele's Priefts, an Eunuch at their Head, About the Streets a mad ProcelTion led ; The venerable Gelding, large and high, O'er-looks the Herd of his inferior Fry, His aukward Clergymen about him prance. And beat their Timbrels to their myftick Dance." Mr. Dryde-4. The Epulones^ at their firft Creation, Livy (b) afluresuswere only three; Soon after they were increas'd to feven; whence («) Sa>. 6. (*) Lib. J3, F 2 they 84 Of the Religion of Part II. they are commonly caU'd Septemviri Epulonuyn^ or barely Sep- temviri^ or the Septemviratus\ and feme report thsit J ulius Ctcfar, by adding three more, chang'd them to a Decemvirate : tho' it's certain ihey kept their old Name. They had their Name from a Cuflom which obtaia'd among the Romans^ in time of pub- lick Danger, of making a fumptuous Feaft in their Temples, to which they did, as it were, invite the Deities themfelves. For their ^Statues were brought on rich Beds, with their Pnhinaria too, or Pillows, and plac'd at the moft honourable Part of the Table as the principal Gucfts. Thefe Regalia's they call'd Epula, or Lcd^ificrfita; the Care of which belong'd to the Epulones. This Pricdhood is by Pliny Junior fet on an equal Foot with that of the Augurs ; when, upon a Vacancy in each Order, he lupplicates his Mailer 'Trajan to be admitted to either. The whole Epidle ought to be fet down for an Example of Modefty and Wit. PLINIUS T RAJ ANO^ Cum fciam^ Domine^ adtejlimoniurn laiidemque morumrneorum pcrtinere tarn t'oni principis judicio exornari^ ^^go^ dignitatis ad auamme provexit indulg-entiatua^ vel augur atum^ vel feptemvira- tum^ quia vacant ^ adjicere digneris : tit jure facer dotii precari deos pro te publice pojjir/t^ quos nunc pre cor pietaie privatd. CHAP. VIII. Of the R o iM A N Sacrifices. TH E Word Sacrificium more properly lignifies the Thing offer'd, than the Adion of Offering. The two common Words to expsefs the former, were (^idima and Hofiia; which tho' they are very often confounded, yet by the firft Word are pro- perly meant the greater Sort of Sacrifices, by the other the lefs. Tho' every Deity had fome peculiar Rites and Inftitutions, and confequently different Sorts of Sacrifices, in which the greateft Part of the pi'.blick Worfhip thenconfifted; yet therewcre fome ftandrbg Rules and Ceremonies to be obferv'd in all. The Prieft (and fometimes the Perfon that gave the Vidilm) went before in a white Garment free from Spots and Figures: For Cicero tells us, that White is the molt acceptable Colour* to the Gods ; I fup.pofe, becaufe it feems to denote Purity and Innocence. Book If. the Romans. 8y The Bcaft to be facrific'd, if' twas of the larger Sort, us'd to bemark'd on the Horns with Gold; if of the lelfcr Sort, it was crown'd with the Leaves of that Tree which the Deity was thought mod to delight in, for whom the Sacrifice w^as dcfign'd. And befides thefe, they wore the Infula and ^ittic^ a fort of white Fillets, about their Head. Before the Proceflion went a publick Crier, proclaiming I{oc\ age to the People, to give them Notice that they fhould forbear Working, and attend to the Solemnity. The Pipers j?nd Harp- ers too were the Fore- runners of the Show; and what time they could fpare from their Inftruments, was fpent in alTifting the Crier to admonifh the People. The Sacrifice being brought to the Altar, the Prieft took hold of the Altar with one Hand, and ufher'd in the Solemnity with a Prayer to all the Gods; mention- ing J amis and Vejla always firft and laft, as if through them they had Accefs to the reft. During the Prayer, fomc publick Officer was to commaiid the ftrideft Silence, for which the common Expreflion was, Favcte Lingnis^ a Phrafe us'd by Horace (a),, 'Juvenal (b)^ Tihull^s (c)^ &c. And the Piper play'd all the while to hinder the hearing of any unlucky Noife. After his Prayer^ the Prieft began the Sacrifice with what they call'd Immolatio (though, by Synecdoche, the Word is often taken for the whole A6t of Sacrificing,) thcthrowing fomefort of Corn and Frank- incenfe, together with the Mola, i. e. Bran or Meal mix'd with Salt, upon the Head of the Beaft. In the next place, he fprink- Icd Wine between the Horns ; a Cuftom very often taken No- tice of by the Poets ; So Vtrgil : Ipfa tenens dextra pateram pukherrlma Dido Candentis vacca media inter cornua fundi t (d). O'er the white Heifer's Horns the beauteous Queen Holds the rich Plate, and pours the Wine between. And Ovid more exprefsly : Rode caper vitem^ tamen hinc cnm flahis ad aras^ In tua quod fundi cornua fojjfit ^ erjt (c). Go wanton Goat, about the Vineyard browze On the young Shoots, and ftop the rifing Juice ; You'll leave enough to pour between your Horns, When for your fake the hallow'd Altar burns. (i Dies Comperendini^ were Days when Perfons that had been fued might give Bail; properly, Days of Adjournment. Dies Stati, were Days appointed for the Decifion of any Caule betwern a Roman and a Foreigner. Dies Praliares, were fuch Days upon which they thought it lawful to ingage in any Adion of Hoftility : For during the time of fome particular Feafts, as the Saturnalia., the Latina^ and that which they call'd Cum Mundus patet., confecrated to Dis and Proferpina^ they reckon'd it a Piece of Impiety to raife, march, or exercife their Men, or to encounter with the Ene- my, unlefs firft attacked. If we make a Divifion of the Roman Days into Fortunate and Unfortunate ; Dies Projiriduani, or the next Day after the Kalends, Nones, or Ides, were always reckon'd of the latter Sort ; and therefore had the Names of Dies Atri. A. Gellius gives us the Reafon of this Obfervation from Ver- rius Flaccus, becaufe they had taken Notice for feveral Ages, that thofe Days had prov'd unlucky to the State in the Lofs of Battels, Towns, and other Cafuakies (a). He tells us in the fame Place, that the Day before the Fourth of the Kalends, Nones, or Ides, was always reckon'd unfortu- nate; but he does not know for what Reafon,unlefs that he finds the great Overthrow at Canrne to have happen'd on fuch a Day. (^) Noli. tAttk. lib. 5. cap. 17, CHAP. xr. Of the Kalends, Nones, and Ides; ^HE Way the Romans us'd to reckon the Days of their -■- Months was by the Kalends, Nones, and Ides. Romulus t>egun his Months always upon the firft Day of the new Moon and was follow'd in this by the Authors of the other Accounts' to avoid the altering of the immoveable Feafts. Therefore every new Moon, one of the inferior Priefts us'd to aflemblc the People in the Capitol, and call over as many Days as there were between that and the Nones : And fo from the old Word Ctf/o, or the Greek k*a«, to call, the firft of thefc Days had the Name of Kalcnd^t. But we muft remember, that this Cuftom <^ of pj Of the Religion of Part IL of calling the Days continued no longer than the Year of the City 4^0, when C. FLvius^ the Curule jEdile^ order'd the Fajli^ or Kalendar, to be fet up in publick Places, that every Body might know the Difference of Times, and the Return of the Feltivals (a). The Nones were fo call'd becaufe they reckon'd nine Days from them to the Ides. The Ides were generally about the Middle of the Month, and then we may derive the Word from Iduare^ an obfolete Verb, fignifyirig to divide. The Kalends were always fix'd to the firfl: Day of every Month, but the Nones and the Ides in four Months were on different Days than in the other eight. For March., May., Julyy and Odober had fix Nones a-piece, the other only four. There- fore in the firft, the Nones were the 7th, and the Ides the i J'th; in the laft, the Nones the 5'th, and the Ides the 1 3th. In reckoning thefe, they always went backwards, thus, 'Ja- nuary I, was i\\efirjl of the Kalends of January : December 31, Frid. Kal. Jan.Deccmb.'^o. the third iC^A 3^rt»,and fo on to the 13th; and that was Idus Decembris; and then the 12th Prid. Idimm Dccemb. the nth, ^ Iduum Decemb. and fo to the 5'th Day, and that was Nona Decemb. And then again the Ath Pr;V. Nonarum Decemb. the third 3 Non. Decemb. the fecona 4 Non. Decemb. and the firft Kalendcc Decemb. We muft obferve. That w^hen we meet with Kalendas, No-^ xas, or Idus in the Accufative Cafe, the Prepofition anie is al- ways underftood : As iertio Kalendas, Idus or NonaSy is the fame as tei-tio die ante Kal. Non. or Idus. {a) Liv. lib. 5. cap. 4«, &C, CHAP. XII. ^be moji remarkable Feflivals ef /y^^ R o m a n s, m they fland in the Kalendar. TTHE Kalends, or the firft Day of January was noted for -*- the entring of the Magiftrates on their Office; and for the wifhing of good Fortune, and fending Prefents to one another among Friends (a). {<«) Ovid» Fnfi. I. V, 71. The Book II. the Roman si ^3 The Ninth (or quint. Id.) was the Feafl: of the AgonaVia^ m- ftituted by Numa Pompilius^ in Honour oi Janus., and attended with the dyavii', the folemn Exercifes and Combats; whence, in Ovid's Judgment (a)., it took its Name. The Eleventh (or tert. Id.) was the Feafl: of the Carmentaliay in Memory of Carmenta., Evander's Mother. February the Fifteenth, or the Fifteenth of the Kalends of March^W2iS the Feaft of the Lupercalia, when the LupercimzdQ their wild Proceflion (b) which has been defcrib'd before. February the Eleventh, or the Third of the Ides., was the Fe^ ralia., or Feaft in Honour of the Ghofts ; when People carried fome little fort of Offering to the Graves of their deceas'd Friends. Ovid gives us fo handfome an Account of it, that we muft not pafs it by : Ejl honor ^ tumults., animus placare paternas (c)^ Parvaque in exflrudas munera ferre pyras : Parva petunt manes : pietas pro divite grata eji Munere ; non aoidos Styx habet ima Deos. "Tegtila forredis fatis eft velata coronis., Et fparffC fruges.) parvaque mica falls, ^ombs have their Honours too : Our Parents crave Some flender Prefent to adorn their Grave. Slender the Prefent which the Ghofts we owe; Thofe Powers obferve not what we give, but how; No greedy Souls difturb the happy Seats below. They only ask a Tile with Garlands crown'd, And Fruit and Salt to fcatter on the Ground. The Day after the Feralia., was the Charijiia, or Feftival of Love, when all the Relations in every Family met together and had a Feaft. On the lid or 23d, (according to the different Length of this Month) were the Termtnalia., facred to Terminus.^ the Guardian of Boundaries and Land-marks ; on which they now offcr'd to him Cakes and Fruits, and fometimes Sheep and Swine, not- withftanding the ancient Prohibition of bloody Sacriiices in this Cafe : The Reafon of which Prohibition Plutarch (d) fuppofes to (a) Ovid. ¥afl. lib. I. (0 Ovid, F*J}. a, V. Z67, S;C, (f) Ibid. V. J J 3, &C, \d) Qusft. 7^^, have 94 Of the Religion of Part It. have been, left they (hould violate the Tokens of Peace and Agreement, by ftaining them with Blood. The Kalends of March was the Matronalia^ a Feaft kept by the Roman Matrons to the Honour of Mars ; to whom they thought themfelves oblig'd for the Happinefs of bearing of good Children ; a Favour which he firft confcrr'd on his own Mi- ftrefs, Rhea (a). This Feaft was the Subjedl of Horace' ^ Ode, Marti is coelebs quid agam Calendis, &c. On the fame Day began the folemn Feaft of the Saliij and their Proceflion with the Ancylia, which have been fpoken of before. The Ides of March was the Feaft of jinna Perenna\ in Ho- nour either of the Sifter o£ Dido, who fled into Italy to M»eas; or of one /ifiKa an old Gentlewoman, that in a great Dearth at Rome, for fome time furnifhed the common People with Corn out of her own Store. The Celebration of this Day confifted in Drinking and Feafting largely among Friends. The common People met for this Purpofe in the Fields near the Tiher^ and, building themfelves Booths and Arbours, kept the Day with all manner of Sports and Jollity ; wifliing one another to live as many Years as they drunk Cups (I;). The fame Day was by a Decree of Senate order'd to be call'd Parriciditim, for the Murder oi Julius Ccefar, which happened on it (c). Appian, in his fecond Book, tells us of a very diffe- rent Law that Dolabella the Conful would have preferr'd upon this Occafion ; and that was, to have the Day call'd ever after, Natalis Urbis (the Birth-day of the City ;) as if their Liberty had rcviv'd upon the Death of C^j'ar. March the 19th, or the 14th of the Kalends of April, begun the Quinquatrus or Quinquatria, the Feaft of Minerva, conti- nuing five Days. 'Twas during this Solemnity, that the Boys and Girls us'd to pray to the Goddefs for Wifdom and Learn- ing, of which ftic had the Patronage : To which Cuftom Jw •venal alludes : Eloquium ^ famam Demofthenis aut Ciceronis Incipit opt are, ^ tot is Qumquairibus opt at (d). (rt) Ovid. YaJ}. 5. V. 2J3. (i) Ihid. r, J23, 5cc. (c) Sntun. in Jul. cap. g«. {d) Sm, 10. To Book il. the Roman si To rival T'ully or Demoflhen^s^ Begins to wifh in the Quinquatrian Days, And wifhes all the Feall '« 95 At tlie fame time the Youths carried their Mafters their Fee, or Prefent, term'd Mwerval. April the 19th, or the 13th of the Kalends of May^ was the Cerealia^ox Feaft o£Ceres^ in which Solemnity the chief Aftors were the Women. No Perfon that mourn'd was allow'd to bear a Part in this Service ; and therefore 'tis very remarkable, that upon the Defeat at Canna^ there was fuch an univerfal Grief in the City, that the Anniverfary Feaft of Ceres was forc'd to be omitted (a). April the 21ft, or the nth of the Kalends o? May^ was the Palilia^ Or Feaft of Pales, Goddefs of Shepherds. This is fome- times call'd Parilia, a pariendo, becaufe Prayers were now made for the Fruitfulnefs of the Sheep. Ovtd tells us a very tedious Courfe of Superftitition that the Shepherds run through upon this Day. They always contriv'd to have a great Feaft at Night; and when moft of them were pretty merry, they concluded all with dancing over the Fires that they made in the Field with heaps of Stubble (b). The fame Day was call'd Urbls Natalis, being the Day on which the City was built (c). April the 25-th, or the 7th of the Kalends of May^ was the Robigalia^ a Feaft of the Goddefs Rohigo^ or the God Rubigus^ who took Care to keep oft' the Mildew and Blafting from the Corn and Fruit [d). April 27th, or the ^-th of the Kalends of May^ was the Floralia^ or Feaft oi Flora ^ Goddefs o^ Flowers (e)^ when the publick Sports were celebrated that v/ill be hereafter de- fcfib'd (f). In the remaining Part of the Year, we meet with no Fefti- val of extraordinary Note, except the PopUfugiurn and the Saturnalia. The Original of the famous Nonce Caprotina^ or PopUfrigiuy,i^ is doubly related by Plutarch^ according to the two common Opinions. Firft, becaufe /io?wa/«j difappear'd on that Day, when an Aflembly being held in the Palus Caprea^ or Goata-marp {a) Ltv. lib, 22. {b) Ovtd. Faft. 4. v. 721, &C. (f) lb;d. v. »c6. {d) Ilad. V. 9ci. (e) Ibid. V, ji4$. {f) Sse Book V. cap, 7. on 9< Of the Religion, ^c. Part IT. on a fudden happen'd a moft wonderful Tempefl:, accompanied with terrible Thunder, and other unufual Difordcrs in the Air. The common People fled all away to fecure themfelves ; but after the Tempefl was over, could never find their King (a). Or elfe from Caprificus a wild Fig-Tree, becaufe in the Gal- lic War, a Roman Virgin, who was Prifoner in the Enemies Camp, taking the Opportunity when flie faw them one Night in a Diforder, got up into a wild Fig-Tree, and holding out a lighted Torch toward the City, gave the Romans a Signal to fall on ; which they did with fuch good Succefs as to obtain a confiderable Vidory (b). The Original of the Saturnalia^ as to the Time, is unknown^ Macrobius alluring us, that it was celebrated in Italy long be- fore the Building of Rome (c); the Story of Saturn^ in whofe Honour it was kept, every Body is acquainted with. As to the manner of the Solemnity, befides the Sacrifices and other Parts of Publick Worfhip, there were feveral leiGTer Obfervations worth our Notice. As firft, the Liberty now allow'd to Ser- vants to be free and merry with their Mailers, fo often al- luded to in Authors. 'Tis probable this was done in Memory of the Liberty enjoy'd in the Golden Age under Saturn, before the Names of Servant and Malter were known to the World. Befides this, they fent Prefents to one another among Friends t No War was to be proclaimed, and no Offender executed : The Schools kept a Vacation, and nothing but Mirth and Free™ dom was to be met with in the City. They kept at firft only one Day, the 14th of the Kalends of January: But the Num- ber was afterwards increas'd to three, four, five^ and fome fay^ feven Days (d). (a) Plutarch, in T^mul, (b) Plutarch, in %omul. & in Camill, (c) MMrti^ Saturn, lib. I. cap. 7. {d) Lipf. Saturnal. lib. I. cap. 3. pari: PART II. BOOK III Of the Civil Government of /^d" K o m a n s. m^i^mm C H A P. I. Of the General Divifion of the People. MUL US, as foon as his City was tolerably wef ! fill'd with Inhabitants, made a Diftindioii of the People according to Honour and Quality ; giving the better fort the Name of Patres, or Fatri^ cii, and the reft the common Title of PlebeiL To bind the two Degrees more firmly together, he recommended to the Patricians fome of the Plebeians lo pro- ted and countenance; the former being fryl'd Patroni, and the latter CUentes. The Patrons were always their Clients Coun- fellors in difficult Cafes, their Advocates in Judgments; in fhort, their Advifers and Overfeers in all Affairs whatever. On the other lide, the Clients faithfully ferv'd their Patrons, not only paying them all imaginable Refpe6l and Deference, but if OccaJion requir'd, aflifting them with Money towards the de- fraying of any extraordinary Charges. But afterwards, whea the State grew rich and great, tho' all other good Offices con- tinu'd between them, yet 'twas thought a difhonourable thing for the better Sort to take any Money of their Inferiors (a). ^i) Vide Diinyf. lib. 2. Liv, lib. r. Phtanh. in ^omnkt G The 5)8 Of the Civil Government Part II. The DIvifion of the People into the three diftinft Orders of Senators^ Kni^^hts^ and Commom^ took its Rife about the time of Tarquinh Expulfion. ThcSeKators were fuch Perfons as had been promoted to lit in the fupreme Council of State, either out of the Nobility ox Commons. If out of the latter Order, they had the Honour of a Gold Ring, but not of a Horfe kept at the publick Charge ; as Manutius hath nicely (ibferv'd. The Knights were fuch Perfons as were allow'd a Gold Ring and a Horfe at the Pubh'ck Charge. The Commens wereall the rcll of the People, befides thefe two Orders, including not only the inferior Po- pulacy, but fuch of the Nobility too as had not yet beenelefted Senators^ and fuch of the Gentry as had not a compleat Knight's Eltatc : For Perfons were admitted into the two higher Ranks according to their l''ortuncs ; one that was worth eight hundred Sejiertia^ was capable of being chofe Senator ; one that .had four hundred, might be taken into the Eaueftrian Order. Au- gjtjius afterwards alter'd the Senatorian Eftate to twelve hun- dred Scjlerces ; but the Equeftrian continu'd the fame. The three common terms by which the Knights are menti- on'd in Roman Authors, are Eques^ Equejlris ordinis^ and Equejlri ioco natus. Of which the two former are, in all refpeds, the very fame. But the latter is properly applied to thofe Equites^ whofe Fathers were indeed of the fame Order, but had never reach'd the Senatorian Dignity. For if their Fathers had been Senators, they would have been faid to have been born of the Senatorian, and not of the Equeftrian Rank (a). When we find the Optimatcs •m^thcPofulares oppos'd in Au- thors, we muft fuppofe the former to have been thofe Perfons, of what Rank foever, who ftood up for the Dignity of the chief Magiftrates, and the rigorous Grandeur of the State; and who car'd not if the inferior Members fuffer'd for the Advancement of the commanding Powers. The latter we muft take likewifc for thofe Perfons of what Rank foever, who courted the Favour of the Commons, by encouraging them to fue for greater Pri- vileges, and to bring things nearer to a Level. For it would be unreafonable to make the fameDiftinSion betwixt thefe Par- ties, as Sigonius and others lay down, " That t\\t Popular esvitiQ *' thofe who endeavour 'd by their Words and Adtions to ingra- " tiate themfelves with the Multitude; and the Optimates thofe " who fo behav'd themfelves in all Affairs, as to make their (<*) K)W. f , Man/ft, 4t Civ^ Tt^tm, p. j, « Con- Book IIL of the Romans, j^p " Conduft approvM by every good Man." This Explication agrees much better with the Souncj of the Words, than with the Seufe of the Things. For at this Rate, the Optimates and the Populares will be only other Terms for the Virtuous and the Vici- ous ; and it wou'd be equally hard in fuch large Divifions of Mcn,to acknowledge one fide to have been wholly Honeft, and to affirm the other to have been entirely Wicked. I know that this Opinion is built on the Authority of Cicero ; but if we look on him, not only as a prejudic'd Perfon, but as an Orator too, we fhall not wonder, that in diftinguilhing the two Parties, he gave fo in- famous a Mark to the Enemies fide, and fo honourable a one to his own. Otherwife, the Murderers of Cafar^ fwho were the Optimates^) muft pafs for Men of the higheft Probity; and the ¥ oWowtts oi Augujlus^ fwho were of the oppofite Fadion) muft feem in general a pack of profligate Knaves. It would there- fore be a much more moderate Judgment, to found the Diffe- rence rather on Policy, than on Morality; rather on the Prin- ciples of Government, than of Religion and private Duty. There's another common Divifion of the People into Nobihf^ Novi^ and Igmbiles, taken from the right of ufing Piftures, or Statues; an Honour only allow'd to fuch whofe Anceffors or themfelves had bore fome Curule Office, that is, had been Cu- rule Mdile^ Cenfory Praior^ or Conful. He that had the Pidiures or Statues of his Anceftors, was term'd iVb^/V/V ; he that had on- ly his own, Novus ; he that had neither, Igmbilit. So that Jus imaginis was much the fame thing among them, as the Right of Bearing a Coat of Arms among us : And their Novus Homo is equivalent to our upftart Gentleman. For a great while none but the Patricii were the Nobiles^ becaufe no Perfon, unlefs of that fuperior Rank, could bear any C«r«/tf Office. Hence in many Places of L/z')',^«/»/?, and other Authors, we findiVc/^/7/><«xufed for the Patrkiaa Order, and fo oppos'd to Plebs. But in After-times, when the Commons obtain'd a right of enjoying thofe Curule Honours, they by the fame Means pro- cur'd the Title of Nobiles^ and left it to their Pofterity (a). Such Perfons as were free of the City, are generally diftinguifhed into Ingenu'i^Libert't, and Libertini. T\\tlngenut were fuch as had been born free, and of Parents that had been always free. The Libertim were the Children of fuch as had been made free. Liberti, fuch as had been adually made free themfelves. {«) yid* Sigon. 4( J»r- Civ, 1{»m. lib. 2, cap. »o, Q 1 The loo Of the Civil Government Part II. The two common Ways of conferring Freedom, were by leflament^ and by Manumijfion. A Slave was faid to be free by T'ejlamenty when his Mafter, in confideration of his faith- ful Service, had left him free in his laft Will : Of which Cuftom we meet with abundance of Examples in every Hi- florian. Thefe kind of Liberti had the Title of Orcini^ becaufe their Mafters were gone to Orcus. In allufion to which Cuftom, whea after the Murder of Julius Cafar^ a great Number of unwor- thy Perfons had thruft themfelves into the Senate, without a- ny juft Pretenfions, they were merrily diftinguifhed by the term of Se^a fores Orcifti (a). The Ceremony of Manumijfion was thus performed : The Slave was brought before the Conful, and in After-times before the Prcetor^ by his Mafter, who laying his Hand upon his Ser- vant's Head, laid to the Praetor^ Hunc hominem liberum ejfe volo ; and with that, let him go out of his Hand, which they term'd € manu emittere. Then the Prator laying a Rod upon his Head, call'd /^W;£?<7, faid, Dicoeum liberum eJfe more Quiritum. Hence Ferjius^ Vindida ^oflq^tiam mens a Pr (Store recejji. After this the Lidor taking the Rod out of the Prator's Hand, (Iruck the Servant feveral Blows on the Head, Face, and Back ; and nothing now remain'd but Piles donari^ to receive a Cap in token of Liberty, and to have his Nameenter'd in the Common Roll of Freemen, with the Realbnof his obtaining that Favour. There was a third way of beftowing Freedom, which we do not fo often meet with in Authors; it was when a Slave, by the Confent and Approbation of his Mafter, got his Name to be inferted in the Cf»/or'sRoll: Such a Manwascall'd liber cenfu; as the two already mention'd were liber tejiamento^ and liber wanumijfione. («) SntUn, io O^mv, cap. };« CHAP. Book III; of the Romans, loi CHAP. II. Of the SENATE. THE Chief Council of State, and, as it were, the Body of Magiftrates, was the Senate ; which as it has been generally reckon'd the Foundation and Support of the Roman Greatnefs, fo it was one of the earlieft Conftitutions in the Republick : For Romulus firftchofe out a hundred Perfons of the bed Repute for Birth, Wifdom, and Integrity of Manners, to affift him in the MaHagement of Affairs, with the Name of J^;z), which before had been ever fill'd with Perfons of the higher Ranks. Sylla the Dilator made them up above Four Hundred ; Julius defar Nine Hundred; and in the time of the Second 7r/- nmvirate^ they were above a Thoufand; no Diflinflion being made with Refpedt to Merit or Quality. But this Diforder was afterwards redified by Auguflus^ and a Reformation made in the Senate^ according to the old Conftitution {c). The right of naming Senators belong'd at firft to the Kings; afterwards the Consuls chofe, and referr'dthem to the People for their Approbation : But at laft, the Cenfors engrofs'd the whole Privilege of conferring this Honour. He that flood firft in the Cenfor's Roll, had the honourable Title of Princeps Senatus (d) : Yet the chief Magiftrates, as the Confuls, Didator, ^e, wete always his Superiours in the Houfe. Befides the Eftate of Eight Hundred, or after Auguflus, cf Twelve hundred vS'^yZcr?/^, no Perfon was capable of this Dignity, but one that had already born fomeMagiflracy in the Common-*' («) Dion J f. lib. 2. (i) Idtm. lib. j. (e) Suet on. in ^Hg^fi. cap. | j. (d) Vid. \A, C$'.U lib. 3. cap. i8. G 3 wealth. 1 i Of the Civil Government Part II, wealth. And that there was a certain Age Ceven in latter times) requir'd,is plain from the frequent ot'Ufe ALtas Senatoria in Au- thors. Dio Callus pofitively limits it to five and twenty (^), which was the fooneft time any one could have difcharg'd the Qu<£jlorptp^ the firfl Office of any conliderable Note : Yet we meet with very many Perfons promoted to this Order, without any Confideration had to their Years ; as it ufually happen'd in all other Honours whatever. As to the general Title of P^z^r^-j Confcripti given them in Au- thors, it was taken as a Mark of Diftindion, proper to thofe Senators who were added to Romulush Hundred either by Tar- ^uinius Prifcus^ or by the People upon the Eftablifhment of the Common-wealth: But in After-times, all the Number were promifcuoufly ftyl'd P aires ^ and Patres Confcripti {b). We may take a farther View of the Senators, conlider'd all together as a Council or Body. The Magiftrates, who had the Power of afTembling the Sena^ tors^ were only the Dilator ^ the Confuls^ the Prators^xht Tribunes of the Commons, and the Interrex. Yet upon extraordinary Ac- counts, the fame Privilege was allow'd to the Tribuni Militunt invefled with Coufular Power ^ and to the Decemviri^ created for iht regulating the Laws: and to the other Magiftrates chofen up- on fome unufual Occafion In the firft times of the State, they werecall'd together by a publick Crier ; but when the City grew larger, anEdidwaspublifli'd to command their Meeting ('<•). The Places v/here they allcmbled were only luch as had been formerly confecrated h^iht Augurs^ andmoft commonly within the City; only they made Ufe of the Temple of fie//o»^ without the Walls, for the giving Audience to foreign AmbafTadors, and to fuch Provincial Magiftrates as were to be heard in open Senates before they entred the City; as when they petitioned for a Triumph, and the like Cafes. Pliny too has a very re- markable Obfervation, that whenever the Augurs reported that an Ox bad/poke^ which we often meet with among the Ancient Prodigies, the Senate were prefcntly toiitfub Dio, or in the open Air (d). As for the time of their Sitting, wemuft have Recourfe to the commonDiU'mtiion of Senat us legitimus, and Senatus indidus. The former was when the Senate met of Courre,upon fuchDays as the Laws or Cuftom oblig'd them to. Thefe were the Ka- («)Liv. j2. (i) Vid. p. Mdnut. dc Sentt. 8c C. Sigon. deAntiq. Jur. C. R. if)P> MAnut, de Scfat.T^m, {d) JP/w, H^t.llijh lib, «, cap. 45. Book III. ^//i5^ Romans. 103 lef7ds^ Nones ^ and Ides in every Month, till the time of yf«^»y?«j>^ who confin'd them to the Kalends and Ides. In the Months of September and 06lober^ by an Order of the fame Emperour, the 6"ff»«?orjweredifcharg'd from their necelfary Attendance ; except fo many of them as made a Quorum., a Number fufficient, by Law, to difpatch Bufinefs : And therefore all that time they drew Lots for their Appearancepx Excnfe ; 3S Suetonius xniovm.svi^ (a) . We may obferve from the fame Author, that the Ides of March (ciilVdParicidium, from the Murder of j/^//«jCverein the Cuftody of thcCo«/w/,<.who might difpofe of them as he thought proper, and either fupprefs or preferve them : But then a Law pafs'd, that they fhouldbe carried always for the fu- ture to the yE.-j'i/^-fP/^^//, to be laid up in the Temple of C^rfj (d) : Yet we find, that afterwards they were for the moft Part pre- ferv'd in the publick Treafury (e). It may be farther obferv'd, that befides the proper Senators, any Magiftrates might come into the Houfe during their Honouf, {a) p. Mdnut. dt Sen. (i) Jul. Capit. in Gordinn. (c) P. Manut. dt Sen. (i) Lh: ii/. 3. (e) Vide Cicer, Philip. 5. Suetan, in ^M$i4jl, Tueit. ^nntil. 3. and Book III. of theKouA}; si loy and they who had born any Curule Office, after its Expiration, But Uicn none of thofe who came into the Houfe purely upon Ac- count of their Magiftracy, were allowM the Privilege of giving their Judgments upon any Matter, or being number'd among the Perfons who had Votes. Yet they tacitly exprefs'd their Mind by going over to thofe Senators whofe Opinions they embrac'd ; and upon this Account they had the Name of Senatores Pedarii, This gave Occafion to the Joke of Laberius the Mimic, Caput fine lingua pedaria fententia ejl. There was an old Cuftomitoo, in the Common- wealth, that the Sons of Senators might come into the Houfe, and hear the Proceedings. This, after it had been abrogated by a Law, and long dif-us'd, was at lafl: reviv'd hyAuguftus^ who in order to the bringing in the young Noblemen the fooner to the Manage- ment of Affairs, order'd that any Senator's Son, at the time of his putting on the T'oga Virilis^ fliou'd have the Privilege of ulingthe LatusCtavus, and of coming into the Senate (a). (<») Stieto}}. in ^^u^uli, cap. %%- l^^^/i^% CHAP. III. Of the general Dhijions of the Magiftrates ; and of the Candidates for Offices. "hn^ O T to fpeak of the different Forms of Government which ■*-^ obtain'd among the Romans, or to decide the Cafe of Pre- eminency between them, we may, in the next Place, take a (hort View of the chief Magiftrates under them all. Of thefe wemect with many general Divifions; as in refped of Time, Magifira- tus ordinarii, and extraordinarii \'^\\\\xtizxtVi.zt to the Perfons, Patricii, Plebeii, and Mixti ; from their Quality, Majorcs and Minores ; from their manner of appearing in Publick, Curules, and Non Curules ; and laftly, from the Place of their Refidence, Urbam^znd Provinciales ('») flat, inUter.tVticenf, (fays Book III. of the KoMAiis. 107 ^fays he) do^Ji ufe to walk upon thy Hands ? The Clown was fb far from being pleas'dwith this Piece of Wit, that he complain'd of the Affront, and loll the Gentleman the Honour which he fued for. Such Perfons as openly favour'd their Defigns, have been di- ftinguifhed by the Names o^ Salntatores^ DeduSlores^ and Seda- tores (a). The firlt fort only paid their Comph'ments to them at their Lodgings in the Morning; and then took their Leave. The fecond waited upon them from thence, as far as to the Fo- rum. The laft compos'd their Retinue thro' the whole Circuit. Fltny has oblig'd us with a farther Remark, that not only the Perfon who flood for an Office, but fometimes too the mofl confiderable Men of their Party, went about in the fime formal Manner, to beg Voices in their Behalf: And therefore when he'd let us know his great Diligence in promoting thelnterefl; of one of his Friends, he makes ule of the fame Phrafcs, which are commonly apply'd to the Candidates themfelves; as, Ambire domos^ Penfare amicos^ Circamire Jiationes (b)^ &c. The Proceedings in the Eledions will fall more properly un- der the Account of the Allemblies where they were manag'd. (rt) %oftn. lib. 7. cap. 8. (A) Plin. Eptjl. lib. 2. ep. 9. CHAP. IV. Of the CO^ SVL S. THE Confular Office began upon the Expulfion of the T^r- quins^ in the Year of the City 244. There are feveral De- rivations given of the Word; that of Cicero^ a Confulenao (a)^ is generally follow'd. Their Power was at firft the fame as that of the Kings, only reflrain'd by Plurality of Perfons, and Short- jiefs of Time: Therefore !7»//y calls it Regum lynperi urn (I?), and Regia Potejlas (c). In War they commanded in chief over Ci- tizens and AfTociates ; nor were they lefs abfolute in Peace, ha- ving the Government of the Senate itfelf, which they aftem- bled or difmifs'd at their Pleafure. And tho' their Authority was very much impair'd, firft by the Tribunes of the People, and afterwards upon theEflablifhment of the Empire; yet they were ftill imploy'd in confulting the Senate, adminillring Jullice, ma- >■ — ^ {a) Cicero de Ug. lib. 3. (0 •^*"^» (') ■^'^f'" ^* fititionc CmftilatHs. naging I o 8 Of the Civil Government Part II: naging Publick Games, and the like; and had the Honour to characterize the Year by their own Names. At the firftlnflitution this Honour was confin'd to theNobih'- ty; but in the Year of the City 387, the Commons obtain'd the Privilege of having one of their own Body always an AfTociate in this Office. Sometimes indeed the Populacy were fo powerful, as to have both Confuls chofe out of their Order ; but, generally fpeaking, one was a Nobleman, and the other a Commoner. No Perfon was allow'd to fue for this Office, unlefs he was prefent at the Eleftion, and in a private Station; which gave Occafion to the Civil Wars between Po-mpey and C^efar; as has been already obfcrv'd. The common Age requir'd in the Can- didates was forty-two Years. This Cicero himfclf acquaints us with, if we allow a little 5cope to his way of Speaking, when he fays, that Alexander the Great, dying in the thirty-third Year, came ten Years fhort of the Confular Age (a). But fomctimes the People difpens'd with the Law, and the Empe- rors took very little Notice of the Reftraint. The time of the Confuls Government,before3^»//aj C^y^r, was always a compleat Year : But he brought up a Cuftom of fub- ftituting Confuls at any time for a Month or more, according as he plcas'd. Yet the Confuls^ who were admitted the firft of January^ denominated the Year, and had the Title of Ordina- rii; the others being ftil'd Suffedi (b). The chief Ornaments and Marks of their Authority were the White Robe edg'd with Purple, call'd Prcetexta ; which in After-times they chang'd for the Toga Palmata^ or Pida^ be- fore proper only to fuch Perfons as had been honour'd with a Triumph ; and the twelve LiSiors^ who went before one of them one Month, and the other the next, carrying the Fafces and the Securis^ which, tho' l^alerius Poplicola took away from the FafceSy yet it was foon after added again. Their Authority was equal ; only in fome fmaller Matters, he had the Precedency, according to the Falerian Law, who was oldeft; and he, according to the Julian Law, who had moft Children. (a) Vid. Cicenn. Philip. J. (h) Vide Dio, lib. 43. Sneioti. in Julif, cap. 76, CHAP. Book III. of the KoMANsl tc^ CHAP. V. Of the Didator and his Mafter of Horfe. TH E Office of Didator was of very early Original : For the Laii>jes entring into a Confederacy againfl: Rome to fup- port Tarquin\ Caufe after his Expulfion, the Senate were under great Apprehenfions of Danger, by reafon of the Difficulty they found in procuring Levies to oppofe them : While the poorer Commons, who had been forc'd to run themfelves into Debt with the Patricians^ abfolutely refus'd to lift themfelves, unlefs am Order of Senate might pafs for a general Remiffion. Now the Power of Life and Death being lately taken from the Confuls by the Valerian Law, and Liberty given for an Appeal from them to the People, they could not compel any Body to take up Arms. Upon this Account, they found it necefTary to create a Magiftrate, who for fix Months fhould rule with abfolutc Authority even above the Laws themfelves. The firft Perfoa pitch'd upon for this Honour was Titus Largitis Flavus, about A.U. C. 25-3, or 25-^ (a). This fupreme Officer was call'd Diilator^ either becaufe he was Didus^ named of the Conful; or elfe, from his didating and commanding what fliould be done {b). Tho' we fometimes meet with the naming of a Didator upon a fmaller Account, as the holding the Comitia for the Eledion of Confuls, the Celebration of publick Games, the fixing the Natl upon Jove''s Temple (which they call'd clavurn f anger e^ and v/hich was us'd in the times of primitive Ignorance, to reckon the N umber of the Years, and in the times of latter Superftition, for the averting or driving away Peftilences and Seditions) and the like; yet the true and proper Didator was he, who had been inverted with this Ho- nour upon theOccafionof dangerous War, Sedition, or any fuch Emergency as requir'd a fudden and abfolute Command (c). And therefore he was not chofenwith the ufual Formalities, but only named in the Night, I'/W voce^ by iheConfal ('JJ,and con- firm'd by the Divination from Birds (c). The time affign'd for the Duration of the Office was never lengthned, except out of (4) Dionyf. ^nti(]. lib. J. Liv. lib. 2. {h) Ibid. (,) Lipf c{< Magifir.tt. ) Vide ^gell. lib. j. cap. 18. {e) Vide £)/», lib, 41. & pompon. Jib. z. F. de Orig, jitrit. CHAP. XL Of the DECEMVIRI. A Bout the Year of Rome 291, the People thinking themfelves *^ highly wrong'd, that, tho' they had freed themfelves from the Government of the Kings, yet ftill the whole Deciiion of Equity and Juftice Ihould lie in the Breaft of the Supreme Ma^ giitrates, without any written Statute to dired them; propos'd to the Senate by their Tribunes^ that {landing Laws might be made which the City fhou'd ufe for ever. The Bufinefs hung in fufpence feveral Years; at laft it was concluded to fend Am- balTadors to Athens^ and other Grecian Cities, to make Collc- dions out of the beft of their Conftitutions, for the Service of their Country in the new Defign. Upon the Return of the Commiflioners, theTribunes claiming the Promifeof the»SV»«/^, to allow them a new Magiftracy for the putting the Proje6t in Execution, it was agreed, that ten Men out of the chief Sem~ H 3 tors ji8 Of the Civil Government Part II. tors fhcu'd be eleded : That their Power fhou'd be equal to that of the Kwgs^ or Confuls^ for a whole Year: And, that in the mean time, all other Offices fhou'd ceafe. The Decemviri ha- ving now taken the Government upon them, agreed that only one of them fhou'd at one time enjoy the Fafces and other Con- fular Ornaments, fhou'd afTemble the Senate^ confirm Decrees, and ad in all RefpcQs as fupreme Magiftratc. To this Honour they weretofucceedby turns, 'till the Year was out; and therelt were oblig'd to differ very little in their Habits from private Perfons, to give the People the Icfs Sufpicion of Tyranny and ^bfolute Government. At length having drawn up a Model out of fuch Laws as had been brought fromGreece, and the Cuftoms of their own Coun- try, they expos'd it to the publick View in ten Tables, Liberty being given for any Perfon to make Exceptions. Upon the ge- neral Approbation of the Citizens, a Decree pafs'd for the Rati- fication of the New Laws, which was perform'd in the Prefence ©f the^Priefts and Augnrs^ in a moft folemn and religious Manner. The Year being expir'd, a farther Continuance of this Office was voted neceffary, becaufe fomething feem'd yet to be want- ing for the perfefting of the Defign. The Decemviri^ who had procur'd themfelves the Honour in the New Eleftion, quickly abus'd their Authority ; and under Pretence of reforming the Common-wealth, fhew'd themfelves the greateft Violators of Juftice and Honefly. Two more Tables indeed they added to the firft, and fo feem'd to have anfwer'd the Intent of their In- iiitution : Yet they not only kept their Office the remaining Part of that Year, but ufurp'd it again the next, without any regard to the Approbation of the Senate^ or People. And though there was fomc Itir made in the City for putting a ftop to their Tyran- ny ; yet they maintain'd their abfolute Power, 'till an Aftion of their chief Leader A^fms gave a final Ruin to their Authority : For he, falling defperately in Love with Virginia^ the Daughter of a Plebeian^ and profecuting his Paffion by fuch unlawful !Means, as to caufe the killing of her by her own Father fthe Story of which is told at large by Livy\) gave an Occafion of ^ Mutiny in the Army, and a general Diflike thro' the whole City; fo that 'twas agreed in the Senate^ to let the fame Form pf Government return, which was in Force at the Creation of the Decemviri (a). (i) Vide Liv. lib. 3. Dionyf. lib. S. ^ " CHAP. Book III. of the KoMA}^§. up CHAP. XII. Trihni Militum Confulari Pop ate. T T PON the Conclufion o? iht Decemvirate^ the firf! Confuh ^^ that were eleiSed, appearing highly incliii'J to lavjur the Commons, gave them fuch an Opportunity of gettting an Head \\\ the State, that within three Years afterwards, th^y i au "-he Confidence to petition for the Privilege of being made capaoio of the ConfulOiip, which had been hitherto denied them. The ftiffeft of the Patnctans violently oppos'd this Requeft, as a fair Means to ruin their Honour and Authority, and to bring all Perfons, of whatever Quality, upon the lame Level. But a War cafually breaking out at the fame tim.e in the Confe- derate Countries, which the Romans were oblig'd to aifirt, the Cotjfuls^ by realbn of the Diflentions upon this Account .'n the City, cou'd not with all their Diligence procure any Levies to be made, becaufe the T'ribunei of the Commons opjjos'd all their Orders, and wou'd let no Soldiers be Lifted, til their Petition had been canvafs'd in the Senate. In this Exigen 'y, the Fathers were call'd together; and after the Bulinefs nad been a long time debated with great Heat and Tumu't, at laft pitch'd upon this Expedient : That three Magifirates fliou'd be eleded out of each Order, who being inverted wirhtiic whole Coyifular Power, at the End of the Year, it fhou'd be in the Liberty of the Senate and People to have that Office, or Co/i- fuls for the following Year. Both Parties readily embraced this Propofal, and accordingly proceeded to an Eledlion; where, though the whole De(ign of this Stir had been purely to increafe the Honour of the Com- mons, yet when the Matter came to be put to the Vote, they chofe none of that Order to the new Magiltracy, but con- ferr'd the Honour on three of the mod emnient Patricians ^ with the Title of Tribunt Militura Confulari Potejlaie^ about A. U. C. 310. The firlt Tribunes having held their Dignity no longer than fevcntyDays, were obiig'd to quit it, by realbnthat the Ju^urs had difcover'd fome Flaw hi their Eleftion; and fothe Govern- fnent return'd to its former Courfe, the Supreme Command H 4 rcfliog 1 20 Of the Civil Government Part II. reding in the Hands of the C(?;?/Wj (a). Afterwards they were fome Years chofe, and fome Years pafs'd by, having rifenfrom three to fix, and afterwards to eight, and the Plebeians being admitted to a Share in the Honour ; till about A, U. C. 388, they were entirely laid afide. (^) Liv. Ub. 4. Dionyf. lib. II. CHAP. xiir. Crjil Officers of lefs Note^ or of lefs frequent Occurrence in Authors^ together with the publick Servants. THERE arc feveral Officers behind, who deferve little more than to be nam'd ; fome by reafon of their low Station in the Common-wealth, others becaufe they are very feldom men- tion'd in our ordinary Claffuks. Among whom we may take Notice, of thefe that follow. Interrex^.t\\t Supreme Ma^iftrate, who govern'd between the Death of one King, and theEledtion of another. This Office was taken by Turns by the Senators., continuing in the Hands of every Man five Days (rf), or, if we believe P//<2f>) /« Num. (^) Dio, \. J2. T/n:t. ^nre!. 4. ;, Limits Book HI. of the Romans. 121 Limits of Rome^ or an hundred Miles round. Before this, there was fometimes a Prafe^us Urbis created, when the Kings, or greater Officers, were abfent from the City, to adminifter Ju- stice in their Room (a). Prafe^us JErar'ti : An Officer chofe out of fuch Perfons as had difcharg'd the Office of Pr^tor^ by Augujius^ to fupervife and regulate the publick Fund, which he rais'd for the Maintenance of the Army (b). This Project was reviv'd by feveralof his Succeilors. Prcefedus Prteterio : Created by the fame Emperor, to com- mand the Pratoriafz Cohorts, or his Life-Guard, who borrowed their Name from the Prcctorium^ot GenerarsTcnt,all Command- ders in Chief being anciently ftyl'd Pr^etores. His Office anfwer'd exadly to thoxoi ihc Ma^ijier EquitHmxxndtr the old DiSatorsi only his Authorrty was of greater Extent, being generally the highelt Perfon in Favour with the Army. And therefore when the Soldiers once came to make their own Emperors, the com- mon Man they pitch'd upon was the Prafedus PriCtorio. Prct'fe6lus Fruyyienti^'xn&Pricfedus Figilum : Both owing their Inftitution to the lame Augttfius. The firfl: was to infpedi: and regulate the Diftribution of i.'. rii, v/hicii us'd to be often made among the common People. The other commanded in Chief all the .Soldiers appointed for aconllant Watch to the City, beinga Cohortio every two Regions. His Bufinefs was to take Cognizance of Thieves, Incendaries, idle Vagrants, and the like; and had the Power to punifh all petty Mifdemeanors, which were thought too trivial to come under the Care oi the Prafecius Urbis . In many of thefe inferior Magiltracies, Icveral Perfons were join'd inCommiffion together; and then they took their Name from the Number of Men that compos'd them. Of this Sort we meet with the T'riumviri, or Trefviri Capitales: The Keepers of the publick Goal; they had the Power to punifh Malefadors, like our Ma- ilers of the Houfes of Corredion, for which Service they kept eight Li^ors under them; as may be gather'd from Plauius: Quid faciam nuncfi 'Trefviri me in carccrem cor/ipegerint ? Inde eras e prornptuarid celld depromar adflagrum : liaquafi incudem me miferurn odo homines validi c a dent (c). Triumviri Noiiurni : mgntion'd byL;z'_y (d) and Tacitus {e)y inftituted for the Prevention of Fires in the Night. (a) Hid, (6) Dit, 1. 5 J. (f) in vimfhiir. (d) Lib. 9. («) ^nnalAxh. y. Trittm-^ Ill Of the Civil Government Part II. 'Triumviri Monetales : TheMafters of the Mint: Sometimes their Name was wrote Triumviri A, A. JE. F. F. Handing for Auro^ Argento^ JEre^ Flando^ Feriendo. Qiiatuor Viri Viarum ctirandarum ; Pcrfons deputed by the CcMJ'or to fupervife the publick Ways. Centumviri^ and Decemviri Liiihis judica^du :T\\e fir ft were a Body of Men chofe, three out of every Trilpe^ for the Judg- ing of fuch Matters as the Prators committed to their Decifion; which are reckon'd up by Cicero in his Firlt Botk de Oratore. The Decemviri feem to have been the principal Members of the Ccntumvirate^ and to have prefided under the i^nc^c/r in the '^u- dicice Centumviralia. Thefe were fomeofthe firft^teps to Pre- ferment, for Perfonsof Parts and Induftry ; as was alio the Vi- gintiviratiis^ mention'd by Cicero^ Tacitus, and Dio ; which, perhaps, was no more than a fele6t Part of the Centurnviri, The proper Sign of Authority, when thefe Judges aded, was the letting up a S^ear in the Forum. Sen trepidos ad jura decern citat hajia virorum^ Seu firmare jubct centeno judice caufam, Lucan. The Learned Grccvius obferves, that a Spear was the common Badge and Enfign of Power amongft the Ancients, and therefore given to the Gods, in their Statues, and to Kings and Princes till it was fuccceded by the Scepter (a). A Spear was likewife fee up at theColle6tions of the Taxes by the Ceafors; andatalM^- diofis, Pubh'ck or Private, to fignifie that they were done by a .Lawful Commiffion : Whence the Phrafe, Sub hajld vendi. There are other Officers of as little Note behind, who had no •fix'd Authority, but were conftituted upon fome particular Oc- ca/jons : Such as the Duumviri PerduelUonis.,Jive Capitales^ Officers created for the Judging of Traytors. They were firft introduc'd by Tullus Ho- fhliHs ; continu'd as often as Neceflity requir'd, under the reft of the Kings, and fometimcs under the Confular Government, at its firlt fnftitunon. But after they had been laid down many Years, as unneceffary, Cicero., in the latter times of their Com- mon-wealth, complains of their Revival by Labicnus., Tribune of the Commons (b). Qiixflores., or Ouccflores Parricidii,'vel Rerum Capitalium ; Ma- giftrates chofcn by the People to give Judgment in Capital Caufes, {a) Prafat. II. T«m, ThefauT. ^ntiq. %om. {f) CicerOt Or&t. po C. Tiabiri* Pcrditellionii "Reg, after Book III. of the Roman s,^ iij after the Confuh were deny'd that Privilege, and before the Quxft'tones were made perpetual. The publick Servants of the Magiitrates had the commori Name of Jpparitores, from the Word Appareo^ becaufe they always ftood ready to execute their Matters Orders. Of thefe, the mofi: remarkable were the Scr'ibce\ a fort of publick Notaries, who took an Account of all the Proceedings in the Courts : In fome mcafure too they anfwer'd to our Attornies, inafmuch as they drew up the Papers and Writings which were produc'd before the Judges; Notarius and Aduarim fignifying much the fame Office. Accenfi and Prcecones^ the publick Cryers, who were to call Witnelles, fignify the Adjournment of the Court, and the like. The former had the Name from Accieo, and the other from Prcecieo. The Pracones feem to have had more Bu(inefs af- (ign'd them than the Accenfi; as, the proclaiming Things in the Street ; the affifting at publick Sales, to declare how much eve- ry one bids ; whereas the Accenfi more nearly attended on the Magiitrates : And at the Bench of 'Jufiice^ gave Notice, every three Hours, what it was a-clock. LiHores: The Serjeants, or Beadles, who carried the F^yrcj before the fupreme Magillrates ; as the Interreges, Didators^ Confuls and Prators. Befides this, they were the publick Exe- cutioners in Scourging and Beheading. The Liciors were taken out of the common People, where- as the Accenfi generally belong'd to the Body of the Libertint^ and fometimes to that of the Liberti (a). The Viatores were little different from the former, only that they went before the Officers of lefs Dignity, and particularly before the Tribunes of the Commons. In ancient Times they were us'd to call the plain Senators out of the Country, whence Tully in his Cato Major derives their Name; as if they were to ply about the Roads and Parks, and to pick up an Alfembly of Rural Fathers, who perhaps were then imployed in driving, or keeping their own Sheep. We mulf not forget the Carntfex^ or common Hangman, whofe Buiincfs lay only in Crucifixions. Cicero has a very good Obfervation concerning him; That by reafon of the O- Hioufnefs of his Office, he was particularly forbid by the Laws to have his Dwelling-houfe within the City (b). {a) Vid. Sigon, de ^nt'iq. J»r, Civ. T^w. Jib. 2. cap. Ij. (^b) CUcro pre T^biric, C H A P. 1 24 Of the Civil Government Part. II. CHAP. XIV. Of the Provincial Magijirates ; and firji of the Proconsuls. THE Chief of the Provincial Officers were the Proconfuls. Whether the Word ought to be written Proconful^ and declin'd, or Proconfuk^ and undeclin'd, Grammatici certant^ ^ adhuc fuh judice lis eji. We may divide thefe Magiftratcs into four Sorts ; Firft, Such as being Coafuls^ had their Office prolong'd be- yond the Time prefix'd by Law. Secondly, Such as were inverted with this Honour, either for the Government of the Provinces, or the Command in War, who before were only in a private Station. Thirdly, Such as immediately upon the Expiration of their Confulpip^ went Proconfuls into the Provinces, in the Time of the Common-wealth. Fourthly, Such Governors as in the Times of the Empire, were fent into thofe Provinces which fell to the Share of the People. Proconfuls of the two former Sorts we meet with very rare- ly, only Livy gives us an Example of each (a). The third 'Kind more properly enjoy'd the Name and Digni- ty, and therefore deferve to be defcribed at large, with reference to their Creation, Adminiftration, and Return from their Com- mand. They were not appointed by the People, but when at the Comit'ia Centuriata new Confals were defign'd for the follow- ing Year ; one of the prefent Confuls propos'd to the Senate what Province they would declare Confular^ and what Prceto- rian, to be divided among the defign'd Confuls and Prators. According to their Determination, the defign'd Confuls^ or Con- fuls elcifi, prefently agreed what Provinces to enter upon at the Expiration of their Office in the City, the Bufinefs being gene- rally decided by carting Lots. L (<<) Liv. lib. s. cap. 26, Afterwards, Book III. of the KoMA-^s. iiy Afterwards, in theTime of their Co»ful/hip, they formally got Leave of the People to undertake theJVlilitary Command, which could not be otherwife obtain'd. Befides this, they procur'd a Decree of Senate^ to determine the Extent of their Provinces, the Number of their Forces, the Pay that ihould beallow'dthem, with all other NecefTaries for their Journey and Settlement. By the palTmg of this Decree, they were faid Ontari Proving cid ; and Cicero ufes in the fame Senfe h nari Apparitor thus ^ Scribis^ &c, who made a Part of the Proatjji^'irs Retinue. Nothing now remained, but at the Etd ol"" the Year to fet forward for their new Government. But w^e muft obferve, that tho' the Senate had given them Leave to depart, yet the Tribunes of the Commons had Power to ftop their Journey; and therefore becaufe CrajJ'us went Froconful into Parthia^ contrary to the exprefs Order of xh^Tribune^ho. was.generally believed to have loft the Roman Army, and his own Life, as a Judgment on him for defpifing the Authority of that Officer, whom they always counted Sacrofandus. At their firft Entrance on their Province, they fpent fome Time in Conference with their immediate Predeceflbrs, to be inform'd in the State of Things, tho' their Adminiftration be- gan the very Day of their Arrival. Their Authority, both Civil and Military, was very extraor- dinary. The Winter they generally fpent in the Execution of the firft, and the Summer in the Difcharge of the latter. They decided Cafes of Equity and Jufticc^ either privately in their Prcciorium or Palace ; where they received Petitioners, heard Complaints, granted Writs under their Seal, and the like ; or elfe publickly in the Common-Hall, with the ufual Cere- monies and Formalities obferv'd in Courts of Judicature, the ProcefTes being in all Refpefts the fame as thofe at Rome. Befides this, by vertue of their Edidts, they had the Power of ordering all Things relating to the Tribunes, Taxes, Contri- butions, and Provifions of Corn and Money, and whatever elfe belong'd to the chief Adminiftration of Aftairs. Their Return from the Command was very remarkable : They either met their SuccelTor at his Arrival, and immediate- ly deliver'd into his Hands the Charge of the Army, being ob- lig'd to leave the Province in thirty Days; or elfe they came away before-hand, and left a Deputy in their Room to perform the Solemnity of a Relignation, having firft made up their Ac- counts and left them in Writing in the two chief Cities of their feveral Provinces. I Upon 11 6 Of the Civil Government Part IL Upon their Arrival at Rome^ if they had no Thoughts of a Triumph, they prefently difmifs'd their Train, and entred the City as private Perfons. If they afpir'd to that Honour, they ftill retain'd the Fafces^ and other Procoafular Ornaments, and gave the Senate (alTcmbled for this Purpofe in the Temple of Bellona,) a Relation of their Aftions and Exploits, and petition'd for a Triumph. But in both Cafes, they were oblig'd to give in their Ac^hompts into the Publick Treafury within thirty Days. ' Tho' the Procmfikls order'd Matters as they pleas'd during their Honour ; "< ct nt their Return, a very Itrift Account was made into the whole Courfe of their Government; and upon the Difcovery of any ill dealing, 'twas ufual to prefer Bills a- gainft them, nnd bring them to a formal Tryal. The Crimes moft commoi ly objc-.dted againlt them were Crimen Peculatits ; relating to the ill Uic of the Publick Money, and the Deficien- cy of rheir Accompts : Majcjiatis, of Treachery and Perfidiouf- nefs againrt the Common-wealth ; or Repetundarum^ of Op- preffion or Extortion exercis'd upon the Inhabitants of the Pro- vinces, whom, as their Allies and Confederates, the Romans were oblig'd to patronize and defend. Auguftus^ when, at the Defire of the Senate and People, he aiTum'd the fole Government of the Empire, among other Con- stitutions at the Beginning of his Reign, divided the Provinces into two Parts, one of which he gave wholly over to the Peo- ple, and referv'd the other for himfclf. After which Time, only the Governors fent into the firit Divilion bore the Name o? Procor.fuls; tho' they were deny'd the whole Military Power, and fo fell fhort of the old Proconfnls. To thcfe four Sorts of Proconfrh^ we may add two more from Alexander of Naples : Firft, Such as the Senate created Proconfuls without a Pro- vince^ purely for the Command of the Army, and the Care of the Military Difcipline: And, fecondly, fuch defign'd Confttls as entred on their Proconfular Office, before they Were admitted to the CoufulOiip. CHAP. Book III. of the Romans^ 127 1 CHAP. XV. Of the Provincial Prastors and Proprietors 5 of the Legati, Quseftors, and Proquceltors. N the firft Times of the Common-wealth, the Provinces were govern'd by Pr,ts, they rofe by De- grees to five and thirty. For a long time after this Infti- tution, a Tribe fignified no more than fuch a Space of Ground with its Inhabitants. But at lafl: the Matter was quite alter'd, and a Tribe was no longer Pars Ufbis but Civitat's\ not a Quar- ter of the City, but a Company of Citizens living where they pleas'd. This Change was chiefly occafion'dby the Original Dif- ference between the Tribes in point of Honour. For Romulus having committed all Sordid and Mechanic Arts to the Care of Strangers, Slaves, and Libertines, and referv'd the more honeft Labour of Agriculture to the Free-men and Citizens, who by thisadlivc Courfe of Life might be prepar'd for Martial Service; thcTribus Ru/liccv were for this Reafonefteem'd more honoura- able than the Urbana : And now all Perfons being defirous of get- ting into the more creditable Divifion, and there being fever^I Ways of accomplifhing their Wifhes, as by Adoption, by the Power of the CeKfors and the like; that Rufiu Tribe which had moft worthy Names in its Roll, had the Preference to all others, tho' of the fame general Denomin; tion. Hence all of the fame great Family, bringing themfelves by Degrees into the fame 7r/^f, gave the Name of their Family to the Trtbe they ho- r ■ • («) Htr.Jt ^irt( T*ff. {'') Dionyf- lib. 7. I g nour'di 134 Of the Civil Government Part II.' nour'd; whereas at firft, the Generality of thcT^ribes did not borrow their Names from Perfons but from Places (a). The firft Allembly of the Tribes we meet with, is about the Year of Rome 263, conven'd by Sp. Sicmius^ Tribune of the Commons, upon Account of the Tryal of Coriolanus. Soon after the Tribunes of the Commons were order'd to be eleded here; and at lafl all the inferior Magiftrates and the CoUegiafe' Prierts. The fame Comitia ferv'd for the enafting of Laws re- lating to War and Peace, and al 1 others propos'd by the 7r/^a»^^ and Plebeian Officers, tho' they had not properly the Name of Leges^ but Plebifcita. They were generally conven'd by the T^ribitnes of the Commons; but the fame Privilege was allow'd to all the chief Magiftrates. They were confin'd to no Place, and therefore fometimes we find them held in the Co>«/>/i^»?, fometimes in the Campus Mar-' iiusj and now and then in the Capitol. The Proceedings were, in moft refpedbs, anfwerable to thofe already defcrib'd in the Account of the other Comitia^ and there- fore need not be infilled on; only wemay further obferve of the Comitia in general, that when any Candidate was found to have moft Tabl ts for a Magiftracy, he was declar'd to be defign'd or eleSied by the Preiident of the AfTembly : And this they term'd renunciari Conful^ Pro-tor^ or the like : And that the laft fort of the Comitia only could be held without the Confent and Approbation of the Senate^ which was neceilary to the conve- ning of the other two (b). (a) See Mr. Walker of Coins, p. 1 16. {h) Uionyf. lib. 9. CHAP. XVII. Of the Roman Judgments -y and firfi of Private Judgments. Judgment^ according to Arijiotk's Definition, is no more than KeiV/j t» S'ikaU -^ ct/i)t», the Dedfion of Right a»d Wrong^. The whole Subjeft of the Roman Judgments is admirably ex- plain'd by Sigonius in his three Books de Judiciis, from.whon> A the following Account is for the mod part extradcd jfudgmenis, Book III. of the KouAtis. ijj "Judgment!^ or Determinations of a proper "Judge^ were made cither by a competent Number of feledlj^i^i^^^;, or by the whole People ilia General AlFembly. judgments made by one or more (eleft Judges^ may be divi- ded into publick and private, the firfl: relating to Ctjntroverlies, the fecond to Crimes. The former will be fufficiently defcrib'd, if we confider the Matter, or Subjeft, oi thc^Q Judgments^ the Perfons concern'd in them, and the Manner of Proceeding. The Matter of private Judgments takes in all forts of Caufcs that can happen between Man and Man ; which being fo valUy extended, and belonging more immediately to the Ctvil Law, need not here be infilled on. The Perfons concern'd were the Parties, the Affiltants, and the Judges. The Parties were the Ador^n^ Reus^ the Plaintiff and De- fendant. The Afliflants were the Procnratores^ and the Jdvocati, of whom, tho' they are often confounded, yet the firft were pro- perly fuch. Lawyers as affifted the Plaintiff in proving, or the De- fendant in clearing himfelf from the Matter of Fa6t: The other, who were likewifecall'd Patroni^ were to defend their Client's Caufein Matters of Law (a). Both thefe were felefted out of the ableft Lawyers, and had their Names entred in the Matriculation-Book of the Forum, This was one Condition requifite to give them the Liberty of Pleading ; the other was the being retain'd by one Party, or the receiving a Fee, which they iQixVid Mandatum (b). The Judges, belides the Pririfprnd, p. s. Sed. 3. (h) Ibid. ^ I 4 increas'4 1^6 Of the Civil Government Part IL increas'd to an hundred and eighty. 'Tis probable that the Arbiiri and Recuperatores were alfign'd out of this Body by the Pu-etor. The manner of carrying on the private Suits was of this Na- ture. The Difference failing to be made up between P'riends, the injur'd Pcrfon proceeded in jus re^Am vocare^ tofummonor cite the offending Party to the Court; who was oblig'd immedi- ately to go with him, or elfe to give Bond for his Appearance ; according to the common Maxim, In jus vucatus mt eat^ ant fatifdet. i3oth Parties being met before the Prator, or other fupreme Magiflrate prefiding in the Court, the Plaintiff propos'd the A<5ti- on to the Defendant, in which he defign'd to fuc him: This they term.'d Edere ASiionem^^tm^ perform'd commonly by writing it in a Tablet, and offering it to Defendant, that he might fee whether he had belt compound, or iland the Suit. In the next place came the PoJJulaiio Adionis^ or the Plaintiff's defiring Leave of the Prator to profecute the Defendant in fuch an Adion: This being granted, the l^lmmff vada^atur reum^ oblig'd him to give Sureties for his Appearance on fuch a Day in the Court; and this was all that was done in publick, before the prefixM Day for the TryaL In the mean time, the Difference us'd very often to be made np, either Traufa^ione^ or PaBo^ by letting the Caufefall as du- bious and uncertain ; or by Compofition for fo much Damage to beafcertain'd by an equal Number of Friends. On the Day appointed for Hearing, the Prxtor ordered the feveral Bills to be read, and the Parties to be fummon'd by aa Accen[us or Beadle. Upon the Default of either Party, the De- faulter loft his Caufe. The appearing of both they tcrm'd fe fieti£'e\ and then the Plaintiff proceeded Litem Jive Adionera intendere^ to prefer the Suit; which was pcriorm'd in a fetForm of Words, varying according to the Difference of the Actions. After this, the Plaintiff defir'd Judgment of the Proctor; that h^ to be allow'd a 'Judex ^ ox Arbiter^ or clfe the Recuperatores or Centumv:ri^ for the hearing and deciding the [•inlinefs; but none of thefe could be defir'd, unlefs both Parties agreed. 1 he Pr.vtor when he affign'd them their Judges, at the lame time, defin'd the Number of Vv'itne&s, to hinder the protrac'tingof the Suit; and then the Parties proceeded to give Caution, tnat the Judg- inentjWhatever it was, fliould (laud and be performed on both lides. The Judges always took a folemn Oath to be impartial ; and ihe Parties iwore they did not gQ to Law withadelign to abufe one Book III. (?//^^ Romans. 137 one another: This they ca\VdJurame}itum Calumuia. Then be- gan the Difceptatio Caufce^ or difputhig the Cafe, manag'd by the Lawyers on both (ides ; with the AlTiftance of Witnefles, Writings and the h'ke; theUfe of which is fo admirably laught in their Books of Oratory. In giving Sentence, the major Part of the Judges was requir'd to overthrow theDefendant.ii the Number was equally divided the Defendant was adually clear'd; and if half condem.n'd him in one Sum to be paid, and half in another, the leaft Sum al- ways Hood good (a). The Confequence of the Sentence was either i» integrum re- Jl'ttutio^ AddiSliO^ Judicium C alumni cc^ or Judicium falji. The firft was, when upon Petition of the Party who was over- thrown, the Prtetor gave him Leave to have the Suit come on a« gain, and allow'd him another full Hearing. Addidio was, when the Party who had been caft in fuch a Sum, unlefs he gave Surety to pay it in a little time, was brought by the Flaintitf before the Prator^ whodeliver'd him into his Difpofal, to be committed to Prifon, or otherwile fecur'd, till Satisfadlion was made. Judicium Calummw^ was iin Adion brought againfl the Plain- tiff for falfe Accufation. Judicium falfi^ was an Aftion which lay againft the Judges for Corruption and unjuft Proceedings, (<«) ZoHch. Element, p. 5. Seft. 10. CHAP. XVIIL Of PubUck JUDGMENTS. "C" O R the Knowledge of Publick Judgments, we may take ■*- Notice of the Crimes, of the Punifliments, of the Ouicfitors and Judges, of the Method of Proceeding, and of the Confe- quenccs of the Tryal. The Crimes, or the Matter of the publick Judgments, were fuch Adions as tended either mediately, or immediately, to the Prejudice of the State, and were forbid by the Laws, As if any Pcrfon had derogated from the Honour and Majefty of the Com- mon-wealth; had embezell'd or put to ill Ufes the publick Mo- iiey, or any Treafure coiifecrated to Religion; or had corrupted the 138 Of the Civil Government Part II. the Peoples Votes In an Elcftion ; or had extorted ContributJons from the Allies ; or receiv'd Money in any Judgment; or had us'd any violent Compullion to a Member of the Common- wealth: Thefethey term'd Crimina Majejlatis^ peculatiis^ ambi- ttis^ refetundarzivn^ and 'vis -public a. Or if any Perfon had kill'd another with a Weapon, or effefted the fame with Poyfon; or laid violent Hands on his Parents; or had forg'd a Will ; dr counterfeited the publick Coin; or had corrupted another Man's Wife; or had bought, bound, or coneeal'd a Servant without the Knowledge of his Mafter : Whence thefe Crimes took the Names of, inter ficarios^ ■veneficii^ parricidii, faljij aduherit^ J>lagii. Sefides thefe, any private Caufe, by vertue of a new Law, Eiight be made of publick Cognizance. As to the Punifhments, they may be allow'd a Chapter by themfelves hereafter. The Inquiiition of criminal Matters belong'd at firfl: to the Kings, and after the Abrogation of the Government, for fome time, to the Confuls : But being taken from them by the Valeri/in Lavj^ it was confcrr'd,as Occafionshappen'd, upon Officers de- puted by the People, with the Title of Qutffitores Parricidti. But about the Year of the City 604, this Power was made perpetual, and appropriated to the Prietors^ by vertue of sKi Order of the People at their annual Ele£tion; the Inquifition of fuch and fuch Crim.es being committed to fuch and fuch Prators : Yet upon extraordinary Occafions, the People could appoint other Qtiaji- tore^^ if they thought convenient. Next to the 5a<^/;^or, was the 'Judex Qiia(l!Of?ts\ calFdalfoby y^fcoaius^PriftcepsJudici/m^v.-ho^tho' he is fomctimcs confounded with the Prator^ yet wa» properly a Perfon of Note, deputed by the Pr.vtor^ to manage the Tryal, of which the former Magi- llrate pcrform'd only- the main Bufmefs. After him were t\\eJudicesfeleSli^'W\\owQXZ fummon'dbythe Prator to give their Vcrdift in criminal JMatters, in tht fame manner as our Juries. What alterations were made indifferent limes as to the Orders of the People whence the Judices were to be taken, will be obferv'd when we fpeak of the particular Laws on this Head (a). No Perfon could regularly be admitted into the Number, unlefs five and twenty Years of Age (b). As to the Method of the Proceedings, the rirlt Adion, which they termed in jus xocatto^ was much the fame in publick as in (rt) Cap. 16. {h') rid. GXJCV. Pr.tfiit. ad Vol. U kniq. Rem. pri- Book III. of the KouAi^s, 13^ private Caufes: But then, as the Pojlulatio of the Plaintiff coii^ lifted in defiring Leave of the Praior to enter a Suit againft the Defendant : fo here the Accufcr defir'd Permiffion to enter the Name of the Oftender, with the Crime which he objeded to him: This they call'd Nominis delatio; being perform'd firft 'vi* -vd voce^ in a Form of Words, according to the Nature of the Crime, and then offer'd to the Prator, being writ in a Tablet • if approv'd by the Prator^ the accus'd Party's Nature was en- tered in the Roll of Criminals ; both Perfons having taken the Oath of Calumny already fpoken of. At the Entraiice of the Name, the Pr^^or appointed a fetDay for the Tryal : And from that Time the accus'd Perfon changM his Habit, going in Black 'till the Tryal was over, and ufing in his Drefs and Carriage all tokens of Sorrow and Concern. Upon the appointed Day, the Court being met, and both Parties appearing, the firft thing that was done, was the forfj- tiojudicum^ or impannelling the Jury; pertbrm'd commonly by the3'a<^^-^ Qu.fjiioais, who took by Lot fuch a Number out of the Body of the Judices feledi^ as the particular Law on which the Accufation was founded, had determin'd ; Liberty being given to both Parties to rejeft (or, as we call it, to chal- l€i»ge) any that they plcas'd, the Prator, or Judex Qticejlionis fubftituting others in their Places. The Jury being thus chofen, was cited by the publick Ser- vants of the Court; and when the proper Number appear'd they were fworn, and then took their Places in the Subfellla and heard the Tryal. In this we may reckon four Parts, Accufatio^ Defenfio^ Lau- datio^ and Laiio fenie'/itue. Accufatio is dt^Wdi^Perpetua ratio ad crlmina inferenda atque augenda ariificiofe coynpojita; A CG/Jti/HiedOration artificially com- pos' d fur the making out^ and heightening the Crimes alledg''d: For it did not only confift in giving a plain Narration of the Matter of Faft, and confirming it by Witnelles and otfer Evidences ; but in bringing of other Arguments too, drawn from the Nature of the Thing, from the Charaifter of the accus'd Perfon, and his for- .mer Courfe of Life, from the Circumftances of the Faft , and fcve- 'ral other Topicks, Vv'hich the Orators teach us to enkirgc upon.* Nor was the Accufer limited in refpedl of Time, being allow'd commonly as many Days as he plcas'd, to make good his Char-c. Defenfio belong'd to the Lawyers or Advocates retain'd by the accus'd Party, who in like manner were allow'd to fpeakasmany Days as they pleas'd, towards the clearing of their Client. The three 140 Of the Civil Government Part 11. three common Methods they took, were Fa^i negatio^ negatio ^oyninis fadi^ or probatio jure fadu/n : either plainly to deny the Matter of Fa6l,and endeavour to evince the contrary ; or ellc to acknowledge theFatL.and yet to deny that it tell under the Na- ture of the Crime objected: Or, lall;ly,to prove the Faei lawful. The firftway of Defence was generally us'd when the Perfou flood indifted of what they call'd Crimen repetundurum^ and Crimen ambitus ; the next in the Crimen Majejlatis ; and the laft in Cafes of Murder. Cicero has given us an excellent Example in every kind. Of the firfl in his Orations for Fonteiiis^ tlaccus^ Murana^ and PlaMctus : Of the fecond in that for Cornelius ; and of the third m his admirable Defence of Mi/o. Laudatio was a Cuilom like that in our Tryals, of bringing in Perfons of Credit to give their Teftimony of the accus'd Perfon's good Behaviour, and Integrity of Life. The leaft Number of thefe Laudatoret us'd to be ten. In the Latio Sententia^ or pronouncing Sentence, they pro- ceeded thus : After the Orators on both lides had faid all they defign'd, the Cryer gave Notice of it accordingly ; and then the Prator fent out the Jury to confult {mntebat Judices in confi~ Hum) delivering to every one three Tablets cover'd with Wax, one of Abfokition, another ofCondemnation,and athird o(^m- f Hat ion ^ or Adiournment of the Tryal; the tirft being mark'd with A; the fecond withC; the other with N. L. or nm liquet. In the Place where the Jury withdrew, was fet a proper Number of Urns, or Boxes, into which they threw what Tablet they plt^s'd; the accus'd Perfon proftrating himfelf all this while at their Feet, to move their Compaflion. The Tablets being drawn, and the grcatcft Number known, the Praetor pronounc'd Sentence accordingly. The Form of Condemnation was ufually f^idetur fecijje, or Nonjure videtur fccijje : Of Abiblution, Non videtur fecif/e : Of Ampliation, Jlmpli/is cogKofcendum\ or rather the bare Word A MP LIU S: This Afconins teaches us; M-js veternm hic jnerat^ nt Ji abful- vendns qitii ejj'et^ flatim abjolveretur \ ft darjanjiidus^Jlatim dum- narett-ir'y Ji can fa non eljct idoz'ea ad d.amnat:oneyn^ abfolvi tamen am po(jet^ A lii P L lUS pronuncian-tur. Sometimes he men- tion'd the Puniihmcnt, and fometimi-s left it o'U, as being de- termin'd by the Law, on which the Indidmcnt was grounded^ The Confequenccs of the Fry i in criminal Matters, may be reduc'd to thefe four Heads, Mfiimatio litis, Animadverjio^ 'judicium cahimma-, and 'Judicium pravaricationis. MJiimati& Book III. of the Romans. 141 Mflimat'to litis, or the Rating of the Damages, was in U& only in Cafes of 13ribery, and abufe of the publick Money. /}yiimadverfw^ was no more than the putting the Sentence in Execution, which was left to the Care of the Prector. Hut in cafe the Party was abfolved, there lay two Aflions againfl: the Accufer ; one of Calumny, the common Punifh- ment of which was Frontis tnujlio^ burnii'g in the Fore-head: And the other of Prevarication, when the Accufer, initead of urg'ng the Crime home, feem'd rather to hide or extenuate the Guilt : Hence the Civilians define a Prevaricator, to be One that betrays his Canfe to the Adverfary, and turns on the Crirai- nafs Side-f ■whom he ought to profecute. CHAP. XIX. judgments of the ivhok People. *T^HE People were fometimes the Judges, both in private -■- and publicli Caafes ; though of the firft, we have only one Example in Livy\ the other we frequently meet with ia Authors. Thefe Judgments were made firft at the Comitia Curiata^tmd afterwards at the Ccy/t^^nata and 'Tnbuta; the Proceedings in all which Affemblies have been already fliewn : What we may further obferve is this : When any JVlagillrate delign'd to im- peach a Perfon of a Crime before the whole People, he afccnd- ed the Roflra, and calling the People together by a Crier, sig- nified to them. That r.pon fuch a Day, he intended to accuitt fuch a Perfon of fuch a Oime: This they tcrm'd Keo diem di- cere : The fufpe6k"d Party was oblig'd immediately to give Sureties for his Appearance on the Day prefix'd, and in De- fault of Bail, was commanded to Prifon. On the appointed Day, the Magiltrate again afcended the Rnflra^ and cited the Party by the Cryer; who, unlefs fome other Magiltrate of equal Authority interpos'd, or a fufficient Excufe was otfer'd, was oblig'd to appear, or might be punifliM at the Pleafure of the MagiRrate who accus'd him. If he ap- pear'd, the Acculcr l>egan his tJharge, and carried it on every other Day, for lix Days together; at the end of the Indidmcnt mention- 1 4 i Of the Civil Government Part II. rncntioning the particular Punifhment fpecified in the Law for fuch an OtFence. This Intimation they term'd mqulfuio. The fume was immediately after exprcIVd in Writing, and then took the Name oi Rogatio^ in refped of the People, who were to be ask'd or confulted about it; and Irrogatio^ in refpedl: of the ('riminal, as it imported the Muld or Punifhment afllgn'd him by the Accufer. This Kogatio was publickly expos'd three j Nuadince or Market-Days together, for the Information of the ' People. On the third Market-Day, the Accufer again afcend- ed the Roftra\ and,- the People being call'd together, undertook the fourth Turn of his Charge, and having concluded, gave the other Party leave to enter upon his Defence, cither in his own Pcrfon, or by his Advocates. . At the fume time as the Accufer finifli'd his fourth Charge, he gave Notice what Day he'd have theComhia meet to receive the Bill ; the Comitia Trihuta to conlider of Muldts, and the Centnriata for Capital Punifhments. But in the mean time, there were fcveral Ways by which the accus'd Party might be reh'ev'd; as firrt, if the Tribunes of the Commons interpos'd in his Behalt ; or if he excus'd himfelf by voluntary Exile, Sicknefs, or upon Account of providing for a Funeral; or if he prevail'd with the Accufer to relinquilh his Charge, and let the Caufe fall \ or if upon the Day appoint- ed for the Comitia^ the Augurs difcover'd any ill Omens, and ■fo forbad the Affembly. If none of thefe happen'd, the Comhla met, and proceeded as has been already defcrib'd ; and as for the Animadverfio or put- ting Sentence in Execution, this was perform'd in the fame manner as in the Pratori.m Judgments. The Forms of Judgments which have been thus defcrib'd, mult be fuppos'd to have prevail'd chiefly in the Time of the free State : For as the Kings before, fo the Emperors after- wards, were themfelvcs Judges in what Caufes, and acter what manner they pleas'd, as Suetonius particularly intbrms us of al- molt all the twelve Cafars. 'Twas this gave Occalion to the Rife of the Mandatores and DeUtorcs^ a fort of Wretches to be met with in every Part of Hillory. The Bulinefs of the former was to mark down fach Peribns as upon Inquilition they pre- tended to have found guilty of any Mifdemeanour ; and the latter were employ'din acculing and profccuting them upon the other's Order. This mifchievons I'ribe, as they were counte- nanc'd and rewarded by ill Princes, fo were they extremely de- tcltcd by the good Emperours. 'Inns profecuted all that could be Book III. of the Romaics. \ 143 be found upon the moft diligent Search, with Death or perpe- tual BanilTiment (a): And P/i;?)' reckons it among the greateft Praifes oi Trajan^ that he had clcar'd the City from the perjur'd Race of Informers (b). (*) Smt»n. in Tit. cap. S. (J;) PUn. in Pane^ric. CHAP. XX. Of the Roman Punijhments. THE ixccm2XtStgomus has divided the Punilhments into eight Sorts, Damnum^ Vincula^ F^erbero^ Xalio^ IgKominia^ Exi- lium^ Servitus, Mors. Damnum was a pecuniary Mul6l or Fine fet upon the Of- fender, according to the Quality of the Crime. Vmcula fignifies the guilty Ferfon's being condemn'd to Im- prifonment and Fetters ; of which they had many forts, as Ma- niae^ Pedica^ Nervi^ Boia., and the like. The publick Prifoii in Rome vj as built by Ancus Martins^ hard by ths Forum (a): To which a new Part was added by Servius Tullius^ called thence T'ullianum : Saluji defcribcs the T'uUianum as an Apart- ment under Ground (b)^ into which they put the moft noto- rious Criminals. The higher Part, rais'd by Ancus Martius^ has commonly the Name of the Kobur\ from the oaken Planks which compos'd it. For the keeping of the Prifon, belides the Triumviri^ was appointed a fort of Goalcr, whom Valerius Maximus calls Cujios Carceris (c)^ and Plh^y Commentaries f^s (d), Ferbera^ or Stripes, were inflided either with Rods [Firgcv^ or with Battoons [Fn/les:'] The firit commonly preceded ca- pital Punifliments properly fo call'd : The other was mofl in Ufe in the Camp, and belong'd to the Military Difcipline. y^/zi; was a Punifliment by which the guilty Perfon futler'd ex- a£tly after the fame manner as he had oifcnded; as in Cafes of maiming, and the like. Yet A. Gellius informs us, that the Cri- minal was allow'd the Liberty of compounding with thePerfoti (a) In, lib. I. (t) In Bdlo C^tilimxr. {/) Lib. J. (^d) Lib, 7. cap. jg. he 144 Of the Civil Qovernment Part II. he had injnr'd; fo that he needed not fuffer the "Talio^ unlefs he voluntarily chofe it (a). Ignomtnia was no more than a publick Shame which the of- fending Perfon underwent, either by vertue of the Privtor^s Edict ; or more commonly by Order of the Cenfor. : This Punilhment, befides the Scandal, took away from the Party on whom 'twas inflided, the Privilege of bearing any Office, and almoft all other Liberties of a Roman Citizen. Exllmm was not a Punifhment immediately, but by confe- qlience ; for the Phrafe us'd in the Sentence and Laws, was Aquce (^ Ignis Inter didio^ the forbidding the Ufe of Water and Fire, which being necelTary for Life, the condemn'd Perfon was ob- lig'd to leave his Country. Yet m the Times of the latter Em- perors, we find it to have been a pofitive Punifhment, as appears from the Civil Law. KelegaUov^'x^ be reckon'd under this Head, tho' it were fomething ditferent from the former ; this being the fending a Criminal to fuch a Place, or for fuch a Time, or per- haps for ever, by which the Party Vv^as not deprived of the Pri- vilege of a Citizen of Korne^ as he was in the firft fort of Ba- nilTiment, which they properly call'd Exilium. SuetoKius fpeaks of a new fort of Relcgatio invented by the Emperor Claudius ; by which he order'd fufpe£l:ed Perfons not to Itir three Miles from the City (b). Befides this Relegatio they had two other kinds of Banidiment, which they term'd Deportatio^'dndProfcrip- tio ; tho' nothing is more common than to have them confound- ed in mod Authors. Deportatio^ or Traufportation, ditfer'd in thefe Refpedts from Relegatio ; that whereas the Relegati were condemn'd either to change their Country for a fctTime, or for ever, and loft neither their Eftate and Goods, nor the Privilege of Citizens: On the contrary, the A>c/?or^^;/ were banifli'd always for ever, and loft both their Eftates and Privileges, being counted dead in the Law (c). And as for the Profcripti^zhey arcdefin'd by the Lawyers to htfueh Perfons vjhofe Names were fix'' d up in Ta- blets at the Fornm^to the end that they might be brotight tojujiice: a Reward being propos''d to thofe that took them^and a Punijhment to thofe that concealed them (d). Sylla was the firft Inventor of this Pradice, and gave himfelf the greateft Example of it that we meet with, /T^/fn'^/wg- 20C0 Knights and Senators at once C^j. 'Tis plain, that this was not a politive Banifhment, but a for- (a) Vide ^. Cell. lib. II. Cap. I. (/') Siitt, in Clnud. cap 33. (c) Calvin. LexiLOn. Juridic. in voc. De^ortati ir 1{eU^at . (rf) Jbid. in ve:e Prefer iyti. (f) FioriiSy lib. i, cap. zt. cing Book III. of the Romans. 14 j forcing Perfons to make Ufe of that Security; fothat we may fancy it of Hkc Nature with our Outlawry. Serviius was a Punifliment, by which the Criminal's Perfon as well as Goods, was publickly expos'd to fale by Auftion: This rarely happeu'd to the Citizens, but was an ufual Way of treating Captives taken in War, and therefore will be defcrib'd hereafter. U nder the Head of Capital Punifliments, the Romans reckon'd extreme Banifhment ; becaufe thole who underwent that Sentence, were in a civil Senfe dead. But becaufe this Mors', Punilliment has been already defcrib'd, we are only now to take Notice of fuch as reach'd the Offender's Life. Thechief of thefc were Percujfio feairi^ Strangulatio, Praci-' phat'to de robore^ Dejcclio e rupe 'Tarpsid^ in crucera aSilo^ and Proje^iio in profluentem. The firft was the fame as Beheading with us. The fecond was perform'd in the Prifon, as it is now in Turkey. The third and fourth were a throwing the Criminal headlong, either from that Part of the Prifon call'd i2o/'»r; or from the highcft Part of the Tarpeian Mountain. The fifth Punilhment, namely Crucifixion, was feldom inflict- ed on any but Slaves, or the meanefl: of the Commons; yet we find fome Examples of a different Pra6tice; and Suetonius particularly relates of the Emperor (?«/^^, that having condemn- ed a Roman Citizen to fuffer this Punifhment for poyfoning his Ward, the Gentleman, as he was carrying to Execution, made a grievous Complaint that a Citizen of ^ow? fliou'd undergo fuch a fervile Death; alledging the Laws to the contrary: The Em- peror hearing his Plea, promis'd to alleviate the Shame of his Sentence, and order'd a Crofs much larger, and more neat than ordinary to be ereded, and to be wafli'd over with white Paint, that the Gentleman who ftood fo much on his Quality, might have the Honour to be hang'd in State, (a). The Crofs and the Pure a are commonly taken for the fame thing in Authors; tho', properly fpeaking, there was a great Difference between them. The Fttrca is divided hjLipfms into Ignominiofa and Pocnalis : The former Plutarch defcribes to be that Piece of Wood which fupports the Thill of a Waggon : He adds, that 'twas one of the grcateft Penances for a Servant who had offended, to take this upon his Shoulders, and carry it about {4) Sueton, in Calbi, cap. p. K the 1^6 Of the Civil Government Part II. the Neighbourhood ; for whoever was feen with this infamous Burden, had no longer any Credit or Truft among thofe who knew it, but was call'd Furcifer^ by way of Ignominy and Re- proach (<3J. Furca poenalis was a piece of Wood, much of the fame Siiape as the former, which was faften'd about the convift- cd Perfon's Neck, he being generally either fcourg'd to Death under it, or lifted up by it upon the Crofs. Lipfius makes it the fame with the P<2^/^/W/<;«, and fancies, that for all the Name, it might be not be a forked Piece of Timber, but rather aftraight Beam, to which the Criminal's Arms, being ftretched out, were tied, and which being hoifted up at the Place of Execution, ferv'd for the tranfverfe Part of the Crofs. Projedioinproflueatem wasaPunifhment proper to the Crime of Parricide for the Murder of any near Relationj : The Perfon convided of this unnatural Guilt, was immediately hooded, as unworthy of the common Light: In the next Place, he was whip- ped with Rods, and thenfew'dupin a Sack, and thrown into the Sea; or, in inland Countries, into the next Lake or River. After- wards, for an Addition tothePunifhment, a Serpent us'd to be put into the Sack with the Criminal; and by degrees, in latter Times, an Ape, a Dog, and a Cock.The Sack which held the Malefador was term'd CuIchs\ and hence the Punifhment it felf is often lig- nified by the fame Name. The reafon of the Addition of the living Creatures is thought to have been, that the condemn'd Perfons might be tormented with fuch troublefome Company, and that their CarcaiTes might want both Burial and Reft. Jh- vefial exprefsly alludes to this Cuftom in his Eighth Satyr: Libera fi dentur populo ftiffragia^ quis tarn Perdittis^ ut dubitet Senecam /'n^/e^rf Neroni, Cujus fupplicio non debuit una parari Simia^ nonferpens nnus^ non Culeus unus ? Had we the Freedom to exprefs our Mind^ There's not a Wretch fo much to Vice inclin'd, But will own Seneca did far excell His Pupil, by whofc Tyranny he fell, To expiate whole complicated Guilt, With fome Proportion to the Blood he fpilt, Rome lliould more Serpents, Apes, and Sacks provide Than one, for the compendious Parricide. [Mr. Stepney. ia) Vide Plfturih, in CtritUn. Th« Book III. of the KouA^ s/ 1 47 The fame Poet in another Place mtimates, that this Sack was made of Leather. Tally, m his Defence of Sextus Rofcius, who flood arraign'd for Parricide, has given an admirable Account of this Punifh- ment, with the reafon on which it was grounded; particularly, that the Malefador was thrown into the Sea, few'd up in a Sack, for fear he Ihould pollute that Element, which wasreck- on'd the common Purifier of all Things : With many the like ingenious Refiedions. Belides the Punilhments mention'd by Stgonlusj who feems to coniider the Roman People as in a free State, we meet with abun- dance of others, either invented or reviv'd in the times of the Emperors, andefpecially in latter Ages: Among thefe, we may take Notice of three, as the moil confiderable, adLudos, ad Metalla, ad Bejlias. The Lawyers divide Ludus, when they take m ior a Punifii- ment, into Venatoruis and Gladlatonus (a). By the lormcr, the convided Perfons fcommonly SlavesJ were oblig'd to engage with the wild Beafts in the Amphitheatre; by the latter, they were to perform the Part of Gladiators, and fatisfy Jullice by killing one another. Ad Met alia, or a condemning to work in the Mines, Suidas would have to be invented by Tarquinius Superbus (h). Whatever Reafon he had for his Aflertion, 'tis certain we rarely find it mention'd 'till the times of the later Emperors; and particularly in the Hiftories of the Perfecutionsof the Cbrijlians, who were ufually fent in great Numbers to this laborious and llavifh Em* ployment, with the Name of Metallic^ The throwing of Perfons to wild Btrafts, was never put in Exe- cution, but upon the vileft and moil: defpicable Malefadors ia Crimes of the higheft Nature. This too was the common Doom of the Primithe Chrijliam ; and 'tis to the Accounts of their Suffer- ings we are beholden for tlie Knowledge of it. It may be ob- ferv'd, that the Phrafe, Ad Bejlias dart (c), atfeds as well fuch Criminals as were condemn'd to fight with the Beafts, as thofij who were delivered to them to be devour'd : And the former of thefe were properly term'd Bejiiarii [d). There's (till one Puniftment behind, worth our Obfervation, and which feems to have been proper to Incendiaries, and that was the wrapping up the Criminal in a fort of Coat, daub'dover with i«i »>.ii «■ ■ ■ I ill m (a) Cahin, Lexicon. Jnridic. (f) In voce SsVsg^®', (») Ctthin, {a *«f. », which were confirm'd, and univerfally receiv'd. The like Pra- fiice was follow'd by JSluma^ and fever al other Kings; all whofe Conftitutions being colleded in one Body, by Sextus Papirius^ who liv'd in the time of T^arquin the Proud^ took from him the IsTame of Jus Papirianum. But all thefe were abrogated foon after the Expulfion of the Royal Family, and the judicial Proceedings for many Years to- gether depended only on Cuitom, and the Judgment of the Court. At laft, to redrcfs this Inconvenience, Commiffioners werefent intoGr^^^-^, tomakeaColleftionof the beft Laws for the Service of their Country; and, at their return, the Decem- "viri were created to regulate the Bulinefs, who reduc'd them in- to twelve Tables, as has been already fliewn. The Excellency of which Inftitution, as it is fufficiently fet forth by moll Authors, fo is it efpecially beholden to the high Encomium of Ctcero^ when he declares it as his pofitire Judgment and Opinion, That the Laws Book III. of tbe KoMMis. 149 Lavjs of the Twlve liable s are jufily to be preferred to whole Li' braries of the Philofophers (a). 'They were divided into three Parts, of which the firft related to the Concerns of Religion ; the fecond to the Right of the Publick ; and the laft to private Perfons. Thcfe Laws being ellablifl-i'd, it nccedarily follow'd, that there Oiould be Difputations and Controverlies in the Courts, fincc the Interpretation was to be founded on the Authority of the Learned. This Interpretation they call'd Jus Civile^ tho' at prefent we underftand by that Phrafe, the \vhole Syftem of the Roman Laws. Befides, out of all thefe Laws the Learned Men of that Time compos'd a Scheme of Forms and Cafes, by which the ProcelTes in the Courts were direfted. Thefe were term'd AciionesLegts. We may add to thefe, the Laws preferr'd at the Publick Af- femblies of the People; and the Plebifcita^ made without the Authority of the Senate, at the Comitia Tributa^ which were allow'd to be of equal Force with other Conilitutions, tho' they were not honour'd with the Title of Leges. And then the SenatHs-conftiUa^ andEdidls of the fupreme Ma- gi ftrates, particularly of the Prators^ made up two more Sorts of Laws, the lad of which they coWd Jus Honorarium. And, laftly, when the Government was intrufted in the Hands of a iingle Perfon, whatever he ordain'd, had the Authority of a Law, with the Name of Principalis Conjiitutio. Moft of thefe daily increafing, gave fo much Scope to the Lawyers for the compiling of Reports and other Labours, that in the Reign of Jufiiman., there were extant two thoufand diftindl Volumes on this Subjedt. The Body of the Law being thus ^rown unweildy, and rendcr'd almoll ufelefs by its exceffive Bulk, that excellent Emperor enter'd on a Defign to bring it into jufl: Dimenfions; v/hich was happily accomplifh'd in the conftituting thofefour Tomes of the Civil Law., which arenow extant, and have contributed, in a great meafure, to the Regu- lating of all the States in Chrijlendom: So that the old Fancy of the Romans., about the Eternity of their Command, is not fo ridiculous as at firfl; Sight it appears ; fince by their admirable Sandions, they are ftill like to govern for ever. ( f<^ttling the Day for the Celebration of the Ludi Apulli- nares^ v.^hich before was uncertain (a). Rofcia Lex Theatralis^ the Author L. Rofcius 0th o^ 'Tribune of the Commons, A. 685-, ordaining, that none ihould lit in the Firft fourteen Seats of the Theatre, unlcfs they were worth four hunared Sejlertiums^ which was then reckon'd the Cenfus Equefiris {b). Auguftus Ccefar, after feveral of the Equejlrian Families had impair'd their Eftates in the Civil Wars, interpreted this Law fo as to take in all thofe whofe Ancellors ever had poflefs'd ths Sum there fpecified. (d) Liv. lib. 27. ^lex. Neapolitan. &C. (i-) Cic. Philip^, z. xAfcon. in Cor.ielian. Juven. Sat. i. & l^. Horat. Epod. 4. Epift. 1. CHAP. XXIII. Laws relating to the Rights and Privileges of the Roman Citizens. TTA LERlALexde Provocatlone^ the Author P. Valerius Po- y plicola^ fole Conful upon the Death of his Colleague Bru- tus^ A. 243, giving Liberty to appeal from any Magiftrate to the People, and ordering that no Magiftrate (hou'd punilh a Ro- man dthtn in cafe of fuch an Appeal (a). Valeria Horatio Lex, the Authors L.Valerius and M.Horati- «5fj, Confuls, A. 304, reviving the former Law, which had loft its Force under the Dccer/tvirate (b). Valeria Lex Tertia, the Author M. Valerius Corvinus, in his Confulfhip with Q^ Apuleius Panfa, A. 45-3, no more than a Confirmation of the firft Valerian Law (c). PorciaLex^thc Author/^f. Porciux, Tr;^^»f of the Commons, in the fame Year as the former ; commanding, that no Magi- ftrate fliou'd execute, or punifh with Rods, a Citizen of Rotfte ; but upon the Sentence of Condemnation, ftiou'd give him Per- miffion to go into Exile (d). («) Liv. lib. 9. Plut. in PopUcol. cr*. (b) Liv. lib. 3. (<:) Liv. lib. lO. («') ptv, lib. 10. Cic. pro T^aiiirio, Saiujf, in CAtilimr. Sntttn. i»}i) xAppian. lib. i. COAfe- 1 j4 ^/ ^^^ ^^^^'^ Government Part II.' Confederate Cities, and had a Dwelling in /^tf/>^ at the Time of the making of this Law, and had carried in their ^^ame to the Prxtor'm fixty Days Time, (hou'd have the Priv . ge of Citi- zens of Romf (a). Sulpicia Lex^ the Author P. Sulpkius, 'Tribune of the Com- mons, A. 66s, ordaining, T'hat the new Citizens, v.'ho com- pos'd the eight Tribes, ihou'd be divided anion^ the thirty tive old Tribes, as a greater Honour (b). Cordelia Lexy the Author L. Cornelius Sulla, A. 670, a Con- firmation of the former Law, to pleafe the Italian Confede- rates (c). Cornelia Lex de Municipiis, the Author the fame Sulla, in his Diftatorfliip, taking away the Privilege formerly granted to the Corporate Towns, from as many as had aflifted MariuSy Cifina^ Sulpicius, or any of the contrary Fadion (^). Gellia Cornelia Lually keep that Liberty (e). (1) C'c. pra Urchin. (b) Plut. in SylU. E^it. Liv. 77. (1, ('^) r»V, iij Pifon, p>» Mihn. grt Sixtlt^ iic. and Book III. of the Romans. 159 and Power to the Cenfors, which had been rctrcnch'd by the former Law (a). Antonia Lex^ the Author M. Antony^ a Member of the Tri- umvirate ; ordaining, That for the future, no Fropofal fhould be ever made for the Creation of a Dilator; and that no Per- fon fhould ever accept of that Office, upon pain of incurring a Capital Penalty (b). Titia Lex^ the Author P. Titius^ Tribune of the Commons, A. 710, ordaining, That a Triumvirate of Magiftrates, inverted with Confular Power, Ihould be fettled for five Years, for the regulating the Common-wealth ; and that the Honour fhould be conferr'd on OSlavius^ Lepidus and Antony (c). Faleria Lex^ the Author P. Valerius Fopticola, fole Conful, A. 243, ordaining, That the Publick Treafure fhould be laid up in the Temple of Saturn^ and that two Qutejlors fnould be created to fupervife it (d), Junta Sacrata Lex^ the Author L. Junius Brutus^ the firft Tribune of the Commons, A. 260, ordaining. That the Pcrfcns of the Tribune ibould be facred: That an Appeal might be made to them from the Determinations of the Confuh: And, That none of the Senators fhould be capable of that Office (e). Atinia Lex^ the Author Atinlus^ Tribune of the Commons, ordaining. That any Tribune of the Commons fliould have the Privilege of a Senator \ and as fuch, take his Place in the Houfe if). Cornelia Lex., the Author L. Cornel. Sylla^ Dictator, A. 673, taking away from the Tribunes the Power of making Lav/s, and of interpofing, of holding AfTemblics and receiving /\ppeals, and making all that had born that Office, incapable of any other Dignity in the Common- wealth [g). Aurelia Lex^ the Author C. Aurelius Cotta^ Conful with L. 0/iaviuSj A. 678, an Abrogation of fome Part of the former Law, allowing the Tribunes to hold their other Offices afterwards (h). Pompeia Lex., the Author Pompey the Great ^ Conful wfth M. Crajfus., A. 6S3, rclloring their full Power and Authority to the Tribunes.^ which had been taken from them by the Cor- nelian Law (i). (a) Dio, lib. 40. (u) -ippLin. de Bell. Civ. lib, j, (f) Flor. Epit. Liv, lib. 120. (d) Liv. lib 2. Pht. in PopLuol. (e) Dionjf. lib. 6. (f) ^. OtU. lib. 14. cap. ult. (/) Ci, dc Leg, lib. j. rj) Paternal, lib. 2. ^fcon. in Cornel, in ver. (/} Pint, in Pot»f. ^fc9!}, ver. I & i, Cfjar de Bell. Civ, lib. i. ~ CHAP. i6o Of the Civil Government Part IT. CHAP. XXVII. Laws relating to Publick Conjlitutiens^ Laws, and Privileges. TJORTENSIA Lex, the Amhov Q. Horfe^ifim, Dilator, ■^ ■*■ /}. 467, ordaining, That Vv'hatever was enafted by the Commons, fhould be oblervM by the whole Roman People ; whereas the Nobility had been formerly exempted from paying Obedience to the Decrees of the Populacy {a). Cccctlta D'tdia Lex, the Authors Q^ Cactlius Metellus, and 7". Didius, Confuls, A 65* 5*, for the regulating the Proceedings in enading Laws ; ordaining, That in one Quejiion (wad roga- iione) but one fingle Matter fhould be propos'd to the People, left, while they gave their Suffrage in one Word, they fhould be forc'd to aflent to a whole Bill, if they lik'd thcgreateft Part of it, tho' they diilik'd the reft; or throw out a Bill for fcveral Claufes which they did not approve of, though perhaps they'd have been willing to pafs fome Part of it. Requiring alfo. That before any Law was preferr'd at the Comitia, it fiiould be expos'd to the publick View three Market-days {tribus nundi- Ttis,) before-hand (u). P. Manutttis makes the CceciliaK and Didian two diftinft Laws; the firft Part compoling the former, and the other the latter. Ju,iia Licinia L^jr, the Authors D. Jufii^is Silay;us, and L.Li- c'mius iMmw^a, Confuls, A. 691, ordaining, That fach as did not obferve the former Law, relating to the publifliing the Draughts of new Bills for three iVi«W;W, fhould incur a greater Penalty than the faid Law enjoin'd (c). Liciiiia lEhutia LeA-,the Authors Licinias and ALbutius^T'ri- hunes of the Commons ; ordaining. That when any Law was preferr'd relating to any Charge or Power, not only the Perfoii who brought in the Bill, but likewife his Colleagues in any Office which he already enjoy'd, and all his Relations, fhould be inca- pable of being invefted with the faid Charge or Power (d). (a) Flor.Eplt. Liv. lib. tl. {!>) ^. Cell. Vih. ij. cap. 27. Cic. Philip. S • F^ Domo, rtd ^nic, Epift. 9. lib. 2. (c) Cic. Philip. 3. ^4tr. ad Epift. j. lib. 2. ^pift, 15. lib. 4. (d) Cic. m Oiat. 2. contra '^U. dg- in Qui. pro Domo fttH. Cornelia III. of the HoMANSo I^I Cornelia Lex^ the Author C. Cornelius^ Tribune of the Com- mons, A. 686, ordaining, that no Perfon (hould, by the Votes of the Senate, be exempted from any Law, fasus'dto beallow'd upon extraordinary Occca(ions) unlefs two hundred Senators were prefent in the Houfe ; and that no Perfon thus excus'd by the Senate, fliould hinder the Bill of his Exemption from being carried afterwards to the Commons for their Appro- bation {a). Ampa Lab'iena Lex^ the Authors T. Ampins andT.LabieKrff, Tribunes of the Commons, A. 693, conferring an honourable Privilege on Pompey the Greai^ that at the Circoifian Games he fhould wear a golden Crown, and be habited in all the trium° phal Robes; and that at the Stage Piays he lliould have the Li= berty of wearing the Pratexta^ and a golden Crown {h). (a) ^fcon. in Cornel, (i) Veil. Paterc, lib. 2. C H A p» xxviir„ Laws relating to the Provinces^ and thi Govermur^ of them. ^Empronia Lex., the Author CaSempronius Gracchzs^ Tribune *^ of the Commons, A. 630, ordaining, that before the an- nual Comitia for chuiing Confuls., the Senate ftould, at their Pleafure, determine the particular Confular Provinces, which the new Confuls when delign'd, fhould divide by Lot. A5 al- fo, that whereas heretofore the Tribunes had been allovv'd the Privilege of interpofing againd a Decree of Senate:^ they flioul lent to fucceed him, fliould have thirty Days allow'd him in order to his Removal {a). Julia Lex Prima^ the Author C. Julius Cvfar^ Co'/^ful with M. Calpurnius Bibulus^ A. 691, compriz'd under feveral Heads; as that Achaia^ T'helJaly^ and all Greece^ fhould beentircly free; and that the /?txue. (;■) Cieenia yadntumf 6" pre Btilbo, Stfettn. in Julio, SaUnJi, in Clodia Book IIL «?/ //^e* Romans. i^j Clodia Lex de Cypro^ the Author P.Chdius^ 'Tribune of the Commons, A. 695-, ordaining, that the Illand Cyprus fhould be ^educ'd into a Homan Province: That Ptolomy King oi Cyprus fhould be publickly expos'd to Sale, habited in all his Regal Or- naments, and his Goods in like manner fold by Audion: That M. Caio fnou'd be fent with the Prcetorlan Power into Cyprus^ to take Care of the felling the King's Etiedh, and conveying the Money to Rome {a). TreboniaLex^ the Author L.TreboKtus, Tribute of the Com" mons, A. 698, decreeing the chief Command in Gal/ia to Ccefar^ live Years longer than had been order'd by the. Vatintan Law; and fo depriving the Senate of the Power of recalling him, and fubftituting another General in his Room {b). Titia Lex^ barely mention'd by Cicero (c)^ and not explain'd by Manutius or Rofmus. The Purport of it feems to have beai, that the Provincial Qu»t. tlin» PAttrcHL Plutarch. &C. L I Flam'- 1(54 Of the Civil Government Part 11. FlaminiaLex^ the AnihoT C Flaminius^ Tribune of the Com- mons, A. 5-25-, ordaining, that Picenum, a part of Gallia, whence the Senonesh2i6. been expell'd, fhou'd be divided among the Roman Soldiers (a). Sempronia Lex prima, the Author T. Sempronius Gracchur, Tribune of the Commons, /f. 620, confirming the L/W»/^» Law, and requiring all Perfons who held more Land than that Law allow'd, immediately to refign it into the Common, to be divi- ded among the poorer Citizens, conftituting three Officers to take care of the Bufinefs (b). This Law being levell'd diredly againft the Intereft of the richer Men of the City, who had by Degrees contriv'd to en- grofs almoft all the Land to themfelves, after great Heats and Tumults, at laft cofl: the Author his Life. Sempronia Lex altera, preferr'd by the fame Perfon, upon the Death of King Attalus, who left the Roman State his Heir : It ordain'd, that all ready Money found in the King's Treafu- ry fhou'd be bellowed on the poorer Citizens, to lupply them with Inftruments and other Conveniencies requir'd for Agricul- ture : And that the King's Lands fliou'd be farm'd at an annual Rent by the Cenfors; which Rent fhou'd be divided among the People (c). ThoriaLex, the hyxthor Sp .Thorius, Tribune of thtCommons, ordaining, that no Perfon fliou'd pay any Rent to the People, of the Lands which he po/Tcfs'd ; and regulating the Affair of Grazing, and Pafture (d). Two large Fragments of this Law, which was of a great length, are copied from two old brazen Tables, by Sigomus (e). Cornelia Lex, the Author L. Cornelius Sylla, Dilator, and Conful with ^ Metellus, A. 673, ordaining, that the Lands of profcrib'd Perfons fliould be common. This is chiefly to be un- derflood of the Lands in Tufcany, about Volaterra and FefuleSj which Sylla divided amongfl: his Soldiers (f). Servilia Lex, the Author P. Servilius Rullns, fribune of the Commons, yf. 690, in the Gonfuhhip of C/V^ro and Antony, con- taining many Particulars, about felling feveral Houfes, Fields, ^c. that belong'd to the Publick, for the purchafing Land in other Parts of Italy; about creathig ten Men to be Supervifors of the Bulinefs, and abundance of other Heads; feveral of which {a) Cie. in Cat. Major, {b) Cic. fro Sextie, Plat. Sec. (c) Ck.Verr. f.Ptttt. 8cC. (^d) Cic. deOrat. lib. 2. & in Brttto. (e) Dt ^ntiqM, Jnr, ltd. lib. 2. (/) Cic. in 7^//«w, pr» T^cit, Salttfl. in CatHin , arc Book III. of the Romans^ i6^ are repeated by Cicero in his three Orations extant againft this Law, by which he hindrcd it from pafling. Flavia Lex^i\\Q hwihOT L. Flavins ^Tribus^e of the Commons, A. 693, about dividing a fufficient Quantity of Land among Pompey's Soldiers and the Commons (a). Julia Lex^ the Author Julius Cafar, Conful with Bibulus^ A- 691, ordaining, That all the Land in Campania, which us'd formerly to be farm'd at a fct Kent of the State, fhould be di- vided among the Commons : As alfo. That all Members of Senate fhould fwear to confirm this Law, and to defend it a- gainll all Oppofers. Cicero calls this Lex Campania (b). Mamilia Lex^xho. Author C. Mamilius ^Tribune of the Com- mons, in the time of the Jugurthan War; ordaining. That in the Bounds of the Lands, there fhould be left five or fix Foot of Ground, which no Perfon fliould convert to his private Ufe, and that Commiffioners fhould be appointed to regulate this Affair {c). From this Law de Limitibus^ the Author took the Surname of Lir/ientanus^ as he is call'd by Salufi (d). («) Cicero ad ^ttic, lib. i. (b) Vclleius Paterc. lib. 2. Tint, in Pomp. Caf- ir Cat. Vticenf. ad ^ttic. lib. 2. Epift. IS. (c) Cicero , lib. 2. de Leg. (d) In Bell. Jngurth. ^ CHAP. XXX. Laws relating to Corn. VEmproma LeXj the Author C. Sempronius Gracchus (not ^ 7". Sempronius Gracchus., as Rofinus has it) ordaining, That a certain Quantity of Corn fhould be diftributed every Month among the Commons, fo much to every Man ; for which they were only to pay the Ihiall Confideration of a Semijjls and a 'Triens {a). Terentia CaJJla Lex., the Authors M. 'TerentimVarroLucuU lus., and C. Cajfius., Consuls., A. 680, ordaining. That the fame fet Price fliould be given for all Corn bought up in the Pro- vince, to hinder the Exa6lions of the Quaftors (b). Clodia L^.x-,the Author P. Clodius.,7ribuKe of the Commons, A. 695-, ordaining, That thole Quantities of Corn, which were (*) Flor, Ejiit. Liv. lib. 60. Veil. Pat. lib. z, &c. (h) Ci(. ia Verrifi. j. L 3 formerly 1 66 Of the Civil Government Part II. tbrmerly fold to the poor People at fix Zips and a Triens the Bufliel, fhould be diftributcd among them Gratis (a). Hicromca Lex^ the Author IJiero Tyrant of Sici/y^ regulating the Affair between the Farmers and ihz Decuman i (or Gatherers of the Corn-Tax, which becaufe it confined of a tcnih Part, they call'd Dectima^ ordaining the Quantity of Corn, the Ptice, and the Time of receiving it; which for the Jultice of it, the Romans (till continu'd in Force, after they had pollefi'd them'; felves of that Ifland {b). {a) Cicero fro Sextio. in Pifon, Scc. (b) Cirero In Verr, 4. CHAP. XXX!. Laws for the regulating of Expences. Rchia Lex^ the Author C. Orcbius, T^rihune of the Com- mons, A. ^66, defining the Number of Guefts, which were allow'd to be prefcnt at any Entertainment {a). Fa-nnia Lex^ the Author C. Fannius^ Conllil, A. 5-88, ordain- ing, that upon the higher Feftivals, no Perfon fliould expend more than an hundred Ajjes m a Day ; on ten other Days 'm every Month, thirty Ajfes\ and at all other times, ten {b). Didia Lex^ enadkd about eighteen Years after the former, ordaining, that the Laws for regulating Expences fhould reach all the Italians as well as the Inhabitants of Rome; and that not only the Mailers of extravagant Treats, but the Guelts too, fnould incur a Penalty for their Offence (c). Lex Licinia^the Author P. Ltcinius Crajfus the Ricb^ agree- ing in moff Particulars wvth the Fannian Law; and farther pre- fer ibing, that on the Kalends^ Nones ^ and Nundincc^ thirty AjJ'es ihould be the moftthat was fpent at any Table; and tha: on ordinary Days, which were not particularly ex- c*Yo arida epponi- cepted,thcre lliould be fpent only three Pounds turMarnenioC^. ^f dry Flcft, and onc Pound of Salt-Meat, itTms. ,. Ibl: but allowing as much as every Body pkas'd of <;. c. c. Oxon. ^"y A ruits oi- the Ground. Cornelia Lex^ the Author L. Cornelius Sylla^ enaded, not fo much for the retrenching of (a) Marrotii Saturn, lib. j. cap. 14. IL) iM, ^ ^^,//. Jib. , cao, 24. (c) /M. C^r ^^^/.'.Ifb. 2. cap. 24. extra-* Book III. of ti?e KoMAiis, 167 extravagant Treats, as for the lowering the Price of Provisi- ons (a). Emilia LeXy the Author M.Mm'tlius Lcpidut^CoMful^ about /I. 675-, refpc61ing the feveral Sorts of Meats in ufe at that Time, and dating the juft Quantities allowable of every kind (b). Antia Lex^ the Author Ant'tus Rejlio : A farther ElTay toward the fupprefling of Luxury, the Particulars of which we are not acquainted with. But Macrobius gives us this remarkable Story of the Author, that finding his Gonftitution to be of very little Force, by reafon of the great Head that Prodigality and" Extravagance had gain'd in the City, he never afterwards fupp'd abroad as long as he liv'd, for fear he fhould be forc'd to be a Witnefs of the Contempt of his own Injunction, w^ithout being in a Condition to punifh it {c). Julia Lex^ preferr'd in the time of Augujlus^ allowing two hundred Seflertii for Provifions on the Dies Profejiij three hun- dred on the common Feftivals in the Kalendar, and a thou' fand at Marriage-Feafts, and fuch extraordinary Entertain- ments (d). Ageltius farther adds, that he finds in an old Author an Edi6t cither of AuguJiusorTiberius^ fhc is uncertain whichj railing the Allowance according to the Difference of the Feilivals, from three hundred to two thoufand Seflertii (c). Hither may be rcferr'd the Lex Oppia, the Author C. Oppius^ Tribune of the Commons, A. 5-40, in the Heat of the fecond Punick War, ordaining, that no Woman fliould have above half an Ounce of Gold, wear a Party-colour'd Garment, or be carried in a Chariot in any City, Town, or to any Place withia a Mile's diftance, unlefs upon the Account of celebrating fomq f^icred Solemnity (/). {a) ^gell. lib. 2. cap. 24. (b) ibid. {c) Macrob. & ^gtiL {d) ^^ell^ (0 ''*'''• (f) ^''V' lib. J4. Tac, ^nn. j. t 4' C H A P^. s (JS Of the Chil Government Part IL CHAP. XXXII. Laws relating /o M a r t i a l Affairs. VAC RAT' A Lex Militans^ the Author (probably) M. Va- ^ ler'ius Corvus^ Dictator, //. 411, ordaining, that no Soldier's Name which had been enter'd in the Mufter-Rcll, fliould be Ikuck out, unlefs by the Party's Confcnt : And that no Perfon, %vho had been Military Tribune^ fhould execute the Office of Dud or Qrdimtm {a). Semprofjia Lcx^ the Author C. Semprom^s Gracchus, Trilpufte of the Commons, A. 630, ordaining, that the Soldiers fhould receive their Cloaths^r^m at the publick Charge, without any Diminution of their Ordinary Pay : And that none fhould be oblig'd to ferve in the Army, who was not full feventeen Years bid (b). Maria J'orcia Lex, the Authors L.Marius zn&Porcius Cato, I'r'ibunes o'i the Commons, A. 691, ordaining, that a Penalty fhould be inflicted on fuch Commanders as writ falfly to the Senate, about the Number of the Slain on the Enemies Side, and of their own Party : And that they fhould be oblig'd, when ihey firft enter'd the City, to take a folemn Oath before the Qu.eftors, that the Number which they return'd was true, ac- cording to the bed Computation (c). Sulpicia Lex, the Author P. Sulpicius, 'Trthune of the Com- mons, A. 66f, ordaining, that the chief Command in the Miihridaiick War, which was then enjoy'd by L. Sylla, fhould be taken from him and conferr'd on C. M*rius (d). '■ Gab'inla Lex, the Author A. Gabinius, Tribute of the Com- mons, A. 6S5', ordaining, that a CommiiTion fhould be granted to Cm. Por/7pey, for the Management of the War againft the Pi- rates for three Years, with this particular Claufe, that upon all the Sea on this fide Hercules's Pillars, and in the Maritime I*rovinces as far as 400 Stadia from the Sea, he fhould be em- povv'-er'd to command Kings, Governors, and States, to fupply him with all NecelTaries in the Expedition (f). (a) Liv. lib. 7. (h) Pint, in C. Gracch. (<) V*Ur. Max. lib. a. cap. 8. (d) Vcll.P^iterc. lib, 2. Fler. Epit. 77. Ttutarch'm Sylli cr iUrm, &C. (c) ^f- ioniies ia Cornelian. Veil. Paur:, lib. Z, FUmrcfAa Pom^. Cicerc dt Lege MamUa , & pofi %ete of the Commons, A. 5-60, ordaining, that in lending Money to the Allies of Rome and the Latines, the tenor of the Roman Laws fhould be ftill obferv'd, as well as among the Ci-« tizens (a). Valeria Lex, the Author Valerius Flaccus, Conful with L.Cor^ melius Cintta, ordaining fto oblige the poorer Part of the City^ that all Creditors fhould difcharge their Debtors upon the Re- ceipt of a fourth Part for the whole Sum. This Law, as mof]; unreafonable, is cenfur'd by Pater cuius (b). («) Z,:V„Iib. 3 5- Cicere deOfic, z. (I>) Lib. 3, cap, 23, Gabinic Book III. of the Romans. 171 Gabinia Lex^tht Author Aul. Gahinius^*Tr'ihune of the Com- mons, A. 685-, ordaining, T'hat no Adion fliouid be granted for the Recovery of any Money taken up, verfurdja£ia, i. e. firft borrovv'd upon a fmall Ufc, and then lent out again upon a greater; which Praftice was highly unreafonable (a). Claudia Lex^ the Author Claudius C(cfar ; commandine;, That no Ufurcr fhould lend Money to any Pcrfon m his Non- age, to be paid after the Death of his Parents (l^). ^efpafian added a great Strength to this Law, when he ordain'd, That thofc Ufurers, who lent Money to any Filitis Familia^ Of Son under his I-'ather's Tuition, fliould have no Right ever to claim it again, not even after the Death of his Parents (c). (^a) Cicero ad ^ttic. lib. j. Epift. «//. lib. 6. Epift. 2. (/<) Tacit. Annal. ir. (c) Suetan in Veff. cap. 11, CHAP. XXXVI. Laws concerning the Judges. S 'EMPRONIA Lex,\.\\Q. Author C.Semprojiius Gracchus ^Tri^ bune of the Commons, A. 630, ordaining. That the Right of Judging, which had been afllgn'd to the Senatoftan Order by Romulus^ (hould be transferr'd from them to the Equites (a). ServiliaLex^ the Author (J^ Scrvilius Cccpiofionful with C. Atl- lliis Serranus^ A. 647, abrogating in part the former Law, and commanding, that the Privilege there mcntion'd fliould be di- vided between both Orders of Knights and Senators (b). Plutarch and Florus make C . Ser/7pro»ius Gracchus to haveap- poinied 300 Senators, and 609 Equitcs^ for the Management 9f Judgments; but thisfeems rather to belong to the ^Vrz'/V/Vj;? Law, if not totally a Miftake (c). This Law was foon after repeal'd. Livia Lex^ the Author M. Livius Drufus^ 'Tribune of the Commons, A. 662, ordaining, That the judiciary Power fliould be feated in the Hands of an equal Number of Senators and Knights ('ij. () Cicero de ^rt, Tihet. lib. 2. de Oratore in Brnto, in Orat. pro StAttro. (r) Cicero de Orator, j. ^lor, Epit. 7:. (rf) '^fionins in Cornelian. But i7i Of the Cwil Government Part 11. But this^ among other Conftitutions of that Author, was ab- rogated the very lame Year, under Pretence of being made in- aufpicioufly. Plautia LeXy the Author M. Plautius Sihanus^ Tribune of the Commons, A. 66^, ordaining, That every Tribe fhould chufe out of their own Body fifteen Perfons to ferve as Judges every Year ; by this means making the Honour common to all three Orders, according as the Votes carried it in every Tribe (a). Cornelia Lf^, the Author L. Cornelius Sylla^Didator^ A. t"]"^^ taking aw^ay the Right of Judging entirely from the Knights, and reftoring it fully to the Senators (b). Aurelia Lex^ the Author L.Aurelius Cotta, Prator, A. 6s'^y ordaining, That the Senatorian and Equejirian Orders, together with the Tribuni JErarii^ fhould fliare the judicial Power be- tween them (c). Pompeia Lex^ the Author Pompey the Great, Conful with Crapis^ A. 698, ordaining, That the Judges fnould be chofen otherwife than formerly, out of the richelt in every Century ; yet, notwithltanding, fhould be confin'd to the Perfons men- tion'd in the Aurelian Law (d). 'Julia Lex^ the Author Julius Cxfar^ confirming the afore- faid Privilege to the Senators and Knights, but excluding the Itribuni JErarii (e). Roftnus fets this Law before that of Pompfy ; but *tis very plain, 'twas not made 'till afterwards. AntoniaLex^ the Author M. Antony^ Conful witii Julius Cafar^ A. 709, ordaining. That a third Decury of Judges fhould be ad- ded to the two former, to be chofe out of the Centurions (f). (a) Cicero pro Cornel. & «rf ^tt. 4. {b) Flor. Epitom. 8p. ^fcan. laDivinat. (c) Cicero in Verrinis. Veil. lib. 2. (ro Sext. T^ofcto. (^d) jCiw. lib. 34. Tacit. Ann. 14. Ciuro ad ^ttic. lib, i. de Oratore 2. de Sentcl. CHAP. XXXVIII. Laws relating to Crimes. THE Crimes or Adions that tended to the prejudice of the State, have been already reckon'd up, and briefly expluin'd. The Laws on this Subjed are very numerous, and, by reaibsi of their great Ufefalnefs, have been preferv'd at large m the Labours of the Civilians, with the particular Heads of which they confifted. It will be fufficicnt to the prefent Defign, ro mentioa 1/4 Of the Civil Government Part IL mention fuch as are hinted at in the ordinary Claflicks, and to fpeak of thole only in general. De Majestate. Gab'wia Lex, already defcrib'd among the Laws relating to Aflcmblies. Apuleia Lex, the Author L. Jpuleius, Tribune of the Com- mons, A. 65-2. It feems to have been enaSed for the Rellraint of publick Force and Sedition in the City (, Philip f. I {') P ^ Mitnur. lib, de Lf^iOnt^ De Book IIL of the Romans. 17 f De Aduher'to ^ Pudicitia. yulia Lex^ the Author /I ugujius Cafar, as Suetonltti informs tis (a). Juvenal mentions this Law ill his fecond Satyr, and feems to intimate, that it was afterwards confirm'd, and put in full Force by the Emperor Domitian'y the Rigor of it is there very .handfomely exprefs'd * -Leges revocahat amaras (b) Omnibus J atque ipfis j^eneri Martique timendas. Scatin'ta Lex^ the Author C. Scat'mius Aricinus^ 'Tribune of the Commons ; though fome think it was call'd Lex Sca?rtiniay from one Scantinius^ Tribune of the Commons ; againlt whonl it was put in Execution. It was particularly levell'd againll the Keepers of Catamites, and againft fuch as proftituted them- felves for this vile Service (c). The Penalty enjoyn'd by the Author, was only pecuniary ; but Augujlus Cafar made it af- terwards capital (^). Cornelia Lex inter ficarios^ ^ veneficii\ The Author Cornelius Sylla, Dictator, It was directed againft fuch as kill'd another Perlon with Weapons ot Poifon, or fir'd Houfes, or took away any Perfon's Life by falfe Acculation; With fevefal other Heads. It was a Claufe in this Law, That the Perfon who flood ac- cused of the Crimes therein mention'd, might have his Choice of letting the Jury give their Verdidt Clam^ vel Palam^ by Voices or by Tablets {e). De Parricidis. The old Law which prefcrib'd the odd Sort of Punifliment proper to this Crime, was reftor'd and confirm'd by Pompey the Great, with the Title of Lex Pompeia (/). Cornelia Lex falfi. Sylla the Didator^ as he appointed a proper Prator to make Inquifition into what they call'd Crimen falfi, fo he enaded this (a) In ^t»g. cap. 34. (b) Juv. Sat. 2, v. jo. (c) §lnintil. lib. 4. cap, 2. lib. 7. cap. 4. Cicero PhiUp. 3. Jftv. 6~e. (W) Jufi. Jtjitt. lib. 4. (c) Cic pr» ClHtnt. (/} Jtiji. Iriji, Jib. 4. ir */<«. T^avf 176 Of the Civil Government Part IL Law as the Rule and Standard in fuch Judgment {a). It takes in all Forgers, Concealers, Interliners, ^c. of Wills; Coun- terfeiters of Writs and Edidts ; falfe Accufers, and Corrupters of the Jury ; together with thofe that any Ways debas'd the publick Coin, by lliaving or filing the Gold, or adulterating the Silver, or publifhing any new Pieces of Tin, Lead, ^c. and making thofe incur the lame Penalty (which was Aqua ^ I^^ nis interdiiiio) who voluntarily conniv'd at the Offenders in thefe Particulars. Leges de "vt. Plautia, or Plotia Lejc, the Author P. P laud us, Tribune of the Commons, A. 675-, againft thofe that attempted any Force againft the State or Senate; or us'd any Violence to the Magi- Itrates, or appear'd arm'd in publick upon any ill Defign, or for- cibly expeird any Perfon from his lawful Polfeffion. The Punifliment alTign'd to the convided was Aqua: ^ Igms tnter- didio (b). Clodia Z?:*-, the Author P. Clodlus^Trtbune of the Commons, A. 695-, ordaining, That all thofe fhould be brought to their Tryal, who had executed any Citizen of Rome without the Judgment of the People, and the Formality of a Tryal {c). The Author being a mortal Eneniy of Ciceroh, levell'd this Law particularly againft him; who in the Time of the Catili- narian Confpiracy, for the greater Expedition and Security, ha- ving taken feveral of the chief Parties concern'd, firft imprifon'd and afterwards executed them, only upon a Decree of the Se- nate. Clodius having highly ingratiated himfelf with the Peo- ple, by feveral popular Laws, eafily got this Ad to pafs; and fo oblig'd Cicero to go into Exile. Pompeia L^;f,the Auihor Pomp ey the Great, in his third Con- fulfliip, ^. 701. It was diredkd efpecially againft the Authors of the late Riot, upon the Account oi Claudius and Milo; in which, one of the Curia had been fet on Fire, and the Palace ofLepidus the Interrex, alTaulted by Force. This Law introduc'd a much fliorter Form of Judgment than had been formerly us'd, ordain- ing, That the firft three Days in every Tryal fhould be fpent in hearing and examining Witnelfes, and then allowing only one Day for the two Parties to make their formal Accufation and Defence ; the firft being confin'd to two Hours, and the other («) Cic. de Nat. Dear. lib. J. Suet, in ^ug. cap. jj. (b) Sueton. in Julit, cap. 3. Dio, lib. 5 9. Cicero pro S:.\tio, fro Mihne, (c) Veil, Ptiterc, lib. z. Cic, *d yAftic, lib. 3. Die. lib. 3*» 6 to' Book III. of the Roman s. 177 to Three. Hence, the Author of the Dialogue concerning fa- mous Orators, (attributed to ^iintiliari^ or 'Tachiis^) ob- ferves, That 'Poini'cy was the firli; who dcpriv'd Eloquence of its old Liberty, and confin'd it to Bounds and Limits (^). Lcgei de Amhim. Fabia Lex, prcfcribing the Number of SeElatcres^ allow'd to any Candidate (0). I'his did not pafs. j^cilici Calpurnia Lex^ the Authors, M. Jcilius Glabrio^ and C. Calptirnkis 'i ?/o, Confuls JJ. 68(J, ordaining, that, be- ildes the JFine impos'd, no Perfon convifted of this Crime ihould bear an Omce, or come into the Senate ('■), Ttillta Lex^ the Author, AL Ttillms Cicero, Conful with C, Antomiis, y^, (Jpo. ordaining, that no Perfon, for Two Years before he fu'd for an Office, fhould exhibit a Show of Gla- diators to the People, unlefs the Care of fuch a Solemnity had been left to him by Will : That Senators, convicted of the crimen ambitus, fhould fufter aqiiee ^ ignis interdi£iio for Ten Years j and that the Commons fhould incur a feverer Pe- nalty than had been denounced by the Calpiirnian Law {d). Jlufidia Lex, the Author, Aufidius Imvco, Tribune o'i xkit Commons, A.C^r, more fevere than that of 'TiiUy 5 having this remarkable Claufe, that if any Candidate promis'd Money to the L'ribnnes, and did not pay it, he fhould be excus'd'; but, in cafe he aftually gave it, fhould be oblig'd to pay to every 'Tribe a Yearly Fine of 5000 Seftertii {e). Lex Licinia de Svdalitiis, the Author, M. Licinitis Craffus^ Conful with Cn, ^omfey, A. 691, appointed a greater Penal- ty than formerly to Offenders of this Kind (/). By Sodalitia^ they underftood an unlawful making of Parties at Ele6lions ; which was interpreted as a Sort of Violence offer'd to the Freedom of the People. 'Tis fkange, that this Senfe of the Word fhould have efcap'd Cooper and Littleton. Afionius feems to imply, that the Sodalitia and Ambitus were Two different Crimes, when he tells us, that Mik was arraign'd on thofe Two Accounts, at Two feveral Times, and not before the fame ^icefior (g). {a) Vide^fcon. in Milon. Cic. defnib. 4. C4.de Bell. Civ. 1. J. &c. {b) Cic.pro Marf-na. (c) Cic. pro Murdna. pro Cornel. &c. (d) Cic. in Varin. pro Sextio, pro Mu~ ritna. Dio. 1. 3 7. {e) Cic. ad .Attic. 1. 1 . ep. 1 1. if) Cic. pro Plane, (g) In .Argu- menf. Milonian, M 1>cmpsi.% 17^ of the CM Government. Part If. Tompeia Lex^ the Author 'Pomfey the Great, fole Conful, ^. yor. By this it was enafted, That whoever, having been convi6tecl of a Crime of this Nature, Ihould afterwards im- peach two others of the fame Crime, fo that one of them was condemned, /hould himfelf, upon that Score, be par- don 'd. The HiortForm of Judgment, mention 'd in^Pompeia Lex de w, was order'd too by this Law {a). Jid'ms Cccfar quite ruin'd the Freedom and fair Proceed- ings in Ele6]:ions, when he divided the Right of chufing Magiftrates between himfelf and the People, or rather dil- pofed of all Offices at his Pleafure (^}. Hence ZtlC072 : — Na?n quo melius Pharfalicus ammi (c). Confide not us erit ? fingit folennia campus^ Et non admijfae dirimit fiiffragia 'Plebis ; tDecantatqne T'ribus, ^ vana verfat in Uma, J Look to the Right, and fwear the Omen's good. j But Augiifliis reftor'd the old Privileges to the Comitia^ and reflrain'd unlawful Courfes us'd in th'e canvafing at Ele- ftions, by feveral Penalties (^) ; publifla'd for this Purpofe, the Lex Julia de Ambitii, mentioned in the Pands^s. Leges de 'Pecuniis repetundis. Calpzirnis Lex, the Author L. Calptirnius Pifo Friigif A. <5o4, ordaining a certain Prdetor for the Inquifition of this Crime, and laying a great Penalty on Offenders (e), , id) In Argument. liUonian. (b) Sutton, in Julio, cap. 41. (c)]ib.S-V.391' (d) Sutton in ^ugufi. cap. 4.0. (e) 0ctt9 in Brmo, de 0$s, lib, 2. Crat. 3. in Verrem. ... , .. ... , ' Ciccilia Book III. of the Romans. 1 79 Ceecilia Lex^ mention 'd by Vakrhis Maximns (a). Sigo- nitis believes this Law to be the very fame with the former, and that either the Two Tribunes^ Cdsciliin and Calpimiius^ join'd in the making of it ^ and fo it came to be call'd either Calpimiia^ or Cafciiia^ at Pleafure 5 or that in this Place we ought to read Cr.lpurnia^ inftead of Ceecilia. Jimla LeXy the Author, probably, M. Jimiiii Tenmis^ tribune of the Commons, A. 6z-]y ordaining, that, befides the litis eejhrMtiOy or rating of the Damages, the Perfon, convifted of this Crime, fhould fuffer Banifhment (^). Servilia Zex^ the Author, C. Servilius Glaiicia^ Pnetor, A. 65 3, feveral Fragments of which are coIle>5led from Au- thors, and tranfcrib'd from brazen Tablets by Sigomtis (c). Acilia LcXy the Author, M. Acilius Glabrio j in which was this remarkable Claufe : That the convicted Perfon flaould be allow'd neither ampliatio^ nor conzperendinatio ; neither a new Hearing at a fet Time prefix'd by the Praetor ^ nor an Adjournment of the Trial, till the third Day after the firft Appearing of the Parties in the Court {i). Cornelia Lex^ the Author, Z. Comelitis Sylla^ Di^lator 5 ordaining, that, befides the litis tefiimatio^ the Perfon, con- victed of this Crime, fliould be interdifted the Ufe of Fire and Water {e). Julia Lexy the Author, C. Julius defar 5 this kept its Authority through the whole Series of the Emperors, and is IHU celebrated in the 'PandeSls: A great Part of it was le- velled againtt the Mifdemeanours of Provincial Governors 5 many of which, according to this Law, are alledg'd againft 'Pi/o, who had been ^rocon^ul in Macedoniay by CicerOy in his 37th Oration. {a) lib. 6. cap. 9. Sea. lo. (i) Cic in Verrem, irpro BaWo. Veil. Patere. lib. 2I (c) Cic pro Pojlhum.pro BalLo. in Verrem. Sigon. dejudiciis, lib. 2. cap. 27. (d) Cic. in Verrem, .Afcon. in eafdem. (c) Cic. pro Clxentio ; in Verrem .yifcon, Pxdiari. in I irrinas. Uz CHAP. I?o of the Ciyil GoVerment Part 11, CHAP. XXXIX. Mifcellany Laws notfpken of under the general He ads- C'Lodia Lex de Colkgiis^ the Author, y. Clodiiis^ I'rilnine of the Commons, A. <5'95, ordaining, That the Collegia^ or Com}ajiies of Artificers inflituted by Niima^ which had in a great Meafure been laid down, mould be all reviv'd, and obferv'd as formerly, with the Addition of feveral new Companies (a). Ccscilia Lex de jtire Italiee, ^ tributis tollendh ; the Au- thor, ^ Ccecilkis Metelkis NeJ^cs, Praetor, j4. 69^^ ordain- ing, That the Tax call'd Tovtoria fhould be taken off from all the Italian States {b). 'Portoria^ according to Sigoiiiits's Explication, was a Sort of Toll paid always at the carrying of any exportable Goods to the Haven 5 whence the Colleftors of it were call'd Tcrtitores, Lex Julia de maritandis ordinibtis. The Rc7/?^;25,confulting the Grandeur of their Republick, had always a particular Honour for a married State ; and no- thing was more ufual than for the Cenfors to impofe a Fine upon old Batchelors. 1)ionyfius Halicarnajjem (r) mentions an old Conltitution, by which all Perfons of full Age were obliged to marry : But the firft Law, of which we have any Certainty, was this of Aiigtifitis Ccefar, preferr'd A 7 ^6. It did not pafs before it had receiv'd feveral Amendments, be- ing at firit rejedied for its extreme Severity. This is the Sub- ]e£i oi Tropermis's feventh Elegy of the third Book. . Gavifa efi certe fublatam Cynthia kgem^ &c. My Cynthia laugh'd to fee the Bill thrown out, ^c. Hcrnce calls it Lex Marita (d). A. 'j6z, this Law, being improv'd and enlarg'd, was pre- ferr'd in a new Bill by ^apim and 1'Qppazis^ the Confuls at {d) C'lc. pro Sextio; in Fifon. pro Demo. ^fcon. \n Cornel, (b) £)jo, lib. 37. Cit, k £pjt. ad ^nk. (e) Lib. 5, (<^) In Carmine Seculars. that Book IIL of the Ko M AN S 181 that Time j whence it is fometimes call'd Ta^ia To;p;^<£ci Lex^ and generally Julia Tapia. A great Part of the general Heads are colle6ted by Lipjius' in his Comment on 'Tacitus (a) 3 among which, the molt re^ markable are thofe which contain the Sandlions of Reward and Punifhments. As to the firft of thefe, it was hereby ordain'd, That all the Magiftrates fliould take Precedence, according to their Number of Children ; or a Married Man, before a Batchelor : That in Eledions, thofe Candidates Should be preferr'd, who had the moft numerous Offspring : And that any Perfon might fland fooner than ordinary tor an Office, if he had as many Children as he wanted Years, to be capable of bearing fuch a Dignity (^) .- That, whoever in the City had Three Children, in the other Parts of Italy Four, and in the Provinces Five (or as fome fay. Seven,) fhould be excus'd from all trou- blefbme Offices in the Place where he liv'd. Hence came the famous jas tritim liberorum^ fo frequently to be met with in ^JPUny\ Martial^ &c. by which the Emperor often oblig'd fuch Perfons with this Privilege, to whom Nature had denied it. Of the Penalties incurr'd by fuch as in fpight of this Law liv'd a lingle Life, the chief was. That unmarried Perfons fhould be incapable of receiving any Legacy or Inheritance by Will, unlefs from their near Relations j and fuch as were married, and yet had no Children, above half an Eftate. Hence, 'Plutarch has a fevere Reflexion on the covetous Humour of the Age : That [everal of the Romans did not marry for the Sake of Heirs to their o-imi Fortimes ; but that they themfehes 7night^ upon this Account^ be capable ofin- heriti^ig the EJlates of other Men {c). And Juvejtal alludes to the fame Cuftom : Jara Tater eS'j dederam quodfama opponere pofjls {d): Jura 'Parentis habes : propter me fcriberis Hceres 5 Legatum omne capis^ nee non ^ dulce caducim. Now by my Toil thou gain'fl a Father's Fame 5 \ No more fhall pointing Crowds atteft thy Shame, > Nor hooting Boys thy Impotence proclaim. J Thine is the Privilege our Laws afford To him that ftands a Father on record : (/5, as being in all Refpefts ra- ther fupcrior to the Cemurio-ni. As to the Reafon why this Rod fTiould be made of a Vine- branch, an old Scljoliait upon ywvsnnlhd.s a merry Fancy, that ^Bacchus made \]k of luch a S*.eptcr in his Martial Ex- pedition, and recommended the Ufe of it to Porterity. Befides the Cenmriofis, every Mcmipului had Two Vexil- larii or Enfigns 3 and every Centurion chofe Two OptioneSy or SuccenturiojieSy to be his Deputies or Lieutenants. The -frihrnes owe their Name and Original to RcmtlliiS*i Inftitution, when he chofe Three Officers in chief of that Nature, out of the Three Tribes into which he divided his City. The Number afterwards encreas'd to Six in every Legion. They were created, as at firfl: by the Kings, fo afterwards by the Confuls for fome Time, 'till about j^.U.C. 595, when the People affum'd this Right to themfelves ; And though in the War with 'Terpis King «f ]\iacedc?2. this Prlvileee vv^s re^ain'd bv the Con- lUiS Book 1 v. Jrt of War, \ ^ j fu]s {a\ yet we find that in the very fame War, it quickly after return 'd to the People (^). Tis probable, that foon after they divided this Power between them, one half of the tribunes being affign'd by the Coafuls, the other half elect- ed by the People. The former Sort were term'd Rufiili^ or Rutili J becaufe one RtitilnisRjijns preferr'd a Law in their behalf The others Camtiati, becaufe they obtain'd their Command by the Publick Votes in the Comitia {c). They were fomctimes taken out of the Equeflrian and Senatorian Orders: And in the Time of the Qefars, moft (if not all) of the I'ribiLnei feem to have been either Senators or Knights, Upon which Account, they were divided into the Laticla- ^ni^ and the Augiipclavii t, the latin daviis properly belong- ing to the former, and the angiitis daviis to the latter. The Bufinefs of the T'ribiines was to decide all Controver- fies in the Army 5 to give the Word to the Watch ; befides the Care of the Works and Camp, and feveral other Parti- culars, which will fall under our Notice upon fome other Occafion. They had the Honour of wearing a Gold-Ring, in the fame Manner as the £qintes ; and, becaufe their Office was extremely defir'd, to encourage and promote as many as. poffible, their Command lafted but Six Months. For the iCnowledge of both thefe Culloms, we are beholden to one \et£e oi yuvenaly Sat. 7. Semejiri 'vatum digitcs circumligat miro. Every 'Ttinna^ or Troop of Horfe, had Three 1)eciirions^ or Captains of Ten 5 but he, that v/as firft elefted, com- jnanded the Troop, and others were but his Lieutenants j tho' every one>of the tDecuricns had an OJ>(io or Deputy un- der him. As to the Confederate or t^'oreign Forces, we are not cer- tain how the fiaaller Bodies of them were commanded j but it feems moil probable, that the Romans generally marfhalTd sthem according to their cwnDifcipline, and affign'd them Of- ficers of the fame Nature with thofe of the Legions. But the Two _/f/rf, or great Divifions of the Allies, we are affur'd had each a T^rccfe^ appointed them by the Roman Conful, who govern'd in the fame Manner as the Legionary 'Tribunes. i») Vide LJv, \. 42, (h) ]'sde Liy, 1. 4J. (<) \ldt ^[con. P^dian. in Verrin. N a CHAP. 1^6 The Roman Part IL CHAP. VIII. STbe Legati, a^zd the Imperator, or General. '~jr HE Defign of the Legati^ at their firfl Infiitution, was ■* not fo much to command, as to advife. The Senate felcfting fome ot the oldeft and moit prudent Members to affiit the General in his Councils. 'Dionyfais c lis this 'j'he 7>wjl Honourable and Sacred Office among the Romans, bearing not only the Authority of a Cornmander^ btit^ --xithal^ the SanBity and Veneration of a Trieji {a). And he and Toly- biiis give them no other Name than U^isCv"^, n^s.-Cu'^ /^ avi^Cvhoi^ Elders^ or Elders and Ccimfelkn. They were chofe commonly by the Confiils 5 the Authori- ty of the Senate, concurring with their Ncniination : Tho' this was fometimes flighted, or contradicted, as appears from Cicero^ in his Orations for Sextus, and againft VanmiiS. They commanded in chief under the General, and ma- nag'd all Affairs by his PermifTion, whence Ctcfir calls their Power Opera fidiiciaria ('>). And, when the Confnl or '^Pro- CQ7ifiil was abfent, they had tViP Honour of ufmg the FfceSy and were intruded with the fame Charge as the Officer whom they reprefented. As to the Number of tht? Z.egati, we have no Certainty 5 but we may fuppofe this to havc^ depended upon the Pleafure of the General, and upon the Nature and Confcquence of the Affair, in which they were engag'd : However we have tole- rable Ground to affign One to every Legion. Under the Emperors, there were Two Sorts of Legatiy Confitlares and Tr^torii j the firft of which commanded whole Armies, as the Emperors Lieutenant-Generals j and the other only particular Legions. The General excell'd all other Officers, not only, becaufc he had the chief Command of the whole Army, Horfe and foot. Legions and Auxiliaries; butefpecially ashe was allow- ed the Aiifpiciay or the Honour of taking Omens, by Help of the Diviners, which made a very fol'^nin Ceremony in all («) Diottjf. Hal/earn. I. U . (I') Bello Civil. I 2. Martial B-ook IV. Art of War. 197 Martial Expeditions, Hence they were faid, gefere rem fats mifpiciis^ and fnis ^ivis: This was moft properly applied, when they did not a6l in Perfon; as S^iercnins^ when he reckons up the Conquells oi j^iignft'iii^ cxprefTes himfelf, 1)0- ?mut ant cm far nm iiiHii^ f:artini aiifpicns fais, &c. {a). Mnchiavel {b) highly extols the Wifdom of the Kcmcns in allowing their Generals unlimited Commiffions,by which they were impower'd to fight or not to fight 5 to aflault fuch a Town, or to march anothtrWay, without ControU j the Senate referving to themfelves only the Power ot making Peace and decreeing War, unlcfs upon extraordinary Occafions. This was feverai Times the Caufe of remarkable Viiftories, that in all Probability h id been otherwife prevented. Thus, when i'^i^/w Maxiwus had given ihe T'u^cans a confiderable Defeat at Su- triwn^ and enter'd on a Refolution to pafs the Cuninian Foreft, a very dangerous and difficult Adventure j he never ftaid to expefl further Orders from Kcme^ but immediately march'd his Forces into the Enemies Country, and, at the other Side of the Foreft, gave them a Total Overthrow. In the mean time, the Senate, fearing he might venture on fuch an hazardousAt- tempt, fent the Tribiinei of the Commons with other Officers, to defire Fabkis that he would not by any Means think of fuch an Entcrprize 5 but not arriving till he had effected his Defign, inftead of hindering his Refolution, they return'd Home with the joyful News of his Succefs (f). The fetting out of the General was attended with great Pomp andSuperftition. The Publick Prayers and Sacrifices for his Succefs being fini{h'd,he, habited in a ncWT^ludamenmm^ a Robe of Purple or Scarlet, interwoven with Gold, begun his March out of the City, accompanied with a vaft Retinue of all Sexes and Ages 5 efpecially, if the Expedition were under- taken againft any potent or renowned Adverfary ; all Perfons being defirous to fee, and follow with their Wifhes, him on whom all their Hopes and Fortunes depended. If it would not be too minute, we might add a Defcripti- on of the General's Led Horfcs, with their rich Trappings of Purple and Cloth of Gold ; fuch as Dionyfius tells us they brought to honeft ^tintins theDiBeif5, wemeet with the Rorariiy whom Sallufl calls Ferentam^ who per- formed the fame Duty, with feveral Sorts of Weapons. Some attribute the like Imployment to the Jlccenji', but thefe were rather Supernumerary Recruits, or a Kind of Serjeants in the more ancient Armies. The Arms o^ the Hajiati, 'Pri?2cipes and Triarii were in a great Meafure the fame, and therefore Polybms has not divi- ded them in his Defcription, but fpeaks of them all together. • N 4 Theif 20O T/^e Roman Part 11. Their Sword was the fame as that of the Velites 5 nor need we obfervc any Thing more about it, only that the Roman Soldiers us'd commonly to wear it on their Right-fide, that it might not hinder their Shield, tho' they are often repre- fented otherwife in ancient Monuments, Their other Arms, worth our Notice, were the Scutum^ the '■Pikmi^ the Gaka^ and the Lorica. The Scutum was a Buckler of Wood, the Parts being join- ed together with little Plates of Iron, and the whole covered with a Bull's Hide: An Iron-plate went about it without, to keep off Blows, and another within, to hinder it from taking any Damage by lying on the Ground : In the Middle was an Iron-bofs or Umbo jutting out, very ferviceable to glance off Stones and Darts, and fometimes to prefs violent- ly upon the Enemy, and drive all before them. They are to be diftinguifiied from the Clypei^ which were lefs, and quite round, belonging more properly to other Nations 5 tho', for fome little Time, us'd by the Romans. The Scuta, themfelves were of Two Kinds ; the Ovata and the Imbri- cata ^ the former in a plain oval Figure ; the other oblong, and bending invv^ard, like a half Cylinder. 'Polybms makes the Scuta Four Foot along, and 1'ltitarch calls them •^o/wf^f reaching do-iam to the Feet (a). And 'tis very probabb, that they cover'd almoft the whole Body^ fince in jLivy we meet with Soldiers who flood on the Guard, fometimes fleeping with their Head laid on their Shield, having fix'd the other Part of it on the Earth (b). The 'Pilum was a Miflive Weapon, which, in a Charge^ they darted at the Enemy. It was commonly Four-fquare, but fometimes round, compos'd of a Piece of Wood about Three Cubits long, and a Slip of Iron of the fame Length, hooked and jagged at the End. They took abundance ot Care in joining the Two Parts together, and did it fo artifi- cially, that it fhould fooner break in the Iron itfelf than in the Joint. Every Man had Two of thefc 'P/Vrf' j and this Number the Poets allude to : Sina mami lato crifpans hajlilia ferro. Virg. ^n. i. ., ^ijli».. (b) Liv. lib. 44. C.Mar- Book IV. Jn of War. 201 C. A/arms^m the Ciihbriati War, coniriv'd thefe 'Pi/ac nfter a new Fafhicn : for before, where the Wood-way ioin'd to the Iron, it was made fali: with two Iron Pins ; Now AlariiiS let one of them alone as it was, and pulling out the other, put a weak wooden Peg in its Place 5 contriving it fo, that when 'twas ftuck in the Enemies Shield, it fliould not Itand out- right as formerly ; but, the wooden Peg breaking, the Iron /hould bend, and fo the Javelin kicking faft by its crooked Point, fliould weigh down the Shield (a). The Galea was a Head-Piece, or Morrion, coming down to the Shoulders, commonly of Brais : Tho' 'Plutarcb tells us, that Camillvs order'd thole ot his Army to be Iron, as the Wronger Metal (b). The lower Part of this they call'd 'Buc^ cula^ as we have it in Juvenal: • Fra6ia de cajfidd BticctUapeizdem. Sat. 10. A Chap-fain Beaver loofely hanging by The Cloven Helm. On the Top was the Crijla, or Creft ; in adorning of which the Soldiers took great Pride. In the I'ime of (Poiybius they wore Plumes of leathers dy'd of various Colours, to render themfelves beautiful to their Friends, and terrible to their E- nemies,. as the ^Iiirks, do at prefent. But in mott of the old Monuments we find the Crelis reprefented otherwifc, and not much different from thofe on the Top of our Mc- dern Head-Pieces. Virgil mentions the Feathers on a par- ticular Occafion : Cnjiis clorince furgimt ds Venice fenn(e. Mr\, 10, And he defcribes Mez,entim''s Creft, as made of a ITorfe's Mane ; «— — Crijlaqiie hirfttttts equina. JEn. 7. But whatever the common Soldiers had for their Creff, thofe of the Officers were more fplendid and curious; being ufually work'd in Gold or Silver, and reaching quite crofs the Helmet for Diflinftion-fake. If we might fpeak of thofe of Foreign Commanders, the Creflrof King '■Pyrrbus, as very fin- guIar,would deferve ourPvcmarkj which iP/?//^^ml' defcribes ae made of two Goats Horns (c) in) I'tiitarih in Mario, {b) Idem in Cionill, (c) Idem in Pynho, The 20 2 T)f?^ Roman Part II. The Lcf'ica was a Brigandine or Coat of Mail, generally made of Leather, and work'd over with little Hooks of Iron, and fometimes adorn'd with fmali Scaler of thin Gold 3 as wc find in Virgil. Loricammt^ertam hamis. Jf^n. 3. And, iiecdupicifqttamaloricafideUs^aiirc. JEn. 9. Sometimes the Loyica were a fortof Linnen Caflbcks, fuch as Suetonms attributes to Galba^ and like that o^ j^lexander in '■Tkitaich -^ or thofe of the Spanip Troops defcrib'd by '■JPolybizLS in his Account of the Battle aiCami^. The poorer Soldiers, who were rated under a thoufand Drachms, inftead of this Brigandine, wore a 'PeEior^k^ or Ereaft-Plate of thin Brafs, about twelve Fingers fquare 5 and this, with what has been already defcrib'd, render'd them compleatly arm'd 5 unlefs we add Ocrcee or Greaves, which they wore on their Legs j which perhaps they borrowM (as many other Cuftoms J trom the Grecians.^ fo well known by the Title of In the elder Times of the jR5;/76?/7;, their Horfe us'd only a round Shield,with a Helmet on their Head, and a couple of Javelins in their Hands 5 great Part of their Body being left without Defence. But as foon as they found the great Incon- veniencics to which they were hereby expos'd, they begun to arm themfelves like the Grecian Horfe, or much like their (Bwn Foot, only their Shield was a little fhorter and fquarer, and their Launce or Javelin thicker with Spikes at each End, that, if one mifcarhed, the other might be ferviceable. CHAP. Book IV. Jn of War, 203 CHAP. X ^he Order of the Roman Army drawn up in Battalia. TXT" H E N the Officers marfliali'd the Army in order to an ^^ Engagement, the Hajtati were plac'd m the Front in thick and firm Blanks j the Trinapei behind them,but not al- together fo clofe ^and after them the T'riarii^ info wide and ]oofe an Order, that, upon Occafion, they could receive both the Trinci_pcs and the Hi^fi/iti mto theirBody, inany Diftrefs. The Velitcs^ and in latter Times the Bow-men and Slingers, y/ere not drawn up in this regular Manner, but difpos'd of either before the Front of the Hajl^ti, or fcatter'd up and down among the void Spaces of the fame Hajlf.Ti, or Ibme- times plac'd in two Bodies in the Wings j but where-ever they were fix'd, thefc Light Soldiers began the Combat, skirmifh- ing in flying Parties with the firft Troops of the Enemy. If they prevail'd, which very feldom happen 'd, theyprofecutcd the Vi^lrory 5 but upon a Repulfe they fell back by the Flanks of the Army, or rallied again in the Rear. When they were retir'd, the i/^/.r// advanc'd againftthe Enemy 5 and in cafe they found themfelves over-power'd, retiring foftly toward the ^rincifes^ fell into the Intervals oftheir Ranks, and, together with them, renew'd the Fight. But if they/7;;r//'« andthc Hdjlati thus join'd were too weak to fuftain the Fury of the Battle, they all fell back into the wider Intervals of the I'ri- (irii 5 and then all together being united into a firm Mafs, they made another Effort, much more impetuous than any before : If this Affault prov'd inefFe6lual, the Day was intirely loll, as to the Foot, there being no farther Refervcs, This Way of marfhalling the Foot was exa^lly like the Or- der of Trees, which Gardiners call the ^«/;^;/«Ar j which is admirably compar'd to it in Plrgil{a) Ut [iiB!ii^isaiQu ,';;-i4^ Book IV. Jrt of War. i x i Before we take a particular Profpeft of the Camp, we had befl diitinguifh between the Caftra JEftiva^ and Caj}ra Hi- berna: The former were fometimes light and moveable, fo that they might be fet up, or took down, in a Night, and then they call'd them fimply Cajlrci. At other Times, when they delign'd to continue long in their Encampments, they took more Pains to fortify and regulate them, for the Con- venience and Defence of their Men 3 and then they term'd them Caftra Stativa. As for the Hiberna^ or Winter-Quarters, they were com- monly taken up in fome City or Town, or elfe fo built and contiiv'd as to make almolt a Town of themfelves. And hence the Antiquarians obferve. That the Modern Towns, whofe Names end in ce^er^ were originally thefe Cajira Hi- herna of the Roinans. The Figure of the Roman Camp was Four-fquare, divided into Two chief Partitions, the Upper and the Lower, In the Upper Partition, were the Pavilion of the General, and the Lodgments of the chief Officers : In the Lower, were difpos'd the Tents of the common Soldiers, Horfe and Foot. The General's Apartment, which they call'd ^VrdStor'mm (becaufe the ancient Latins ftyl'd all their Commanders ^r^/'or(?5) feems to have been of a round Figure : The chief Parts of it were the T'rihunal^ or General's Pavilion 5 the Augurak fet afide for Prayers, Sacrifices, and other Religi- ous Ufes ; the Apartments of the young Noblemen, who came under the Care of the Generalj to inform themfelves in the Nature of the Countries, and to gain fome Experience in Military Affairs : Thefe Gentlemen had the honourable Title of Imperatoris Cmtiihernaks. On the Right-fide of the TrdStor'nim flood the ^i2d, where the Altars and Statues of the Gods^ and (per- haps) the chief Enfigns were fix'd all together. The Middle ot the lower Partition, as the moft honoura- ble Place, was affign'd to the Roi72av Horfe j and next to them were quarter'd the T'riaru^ then the '■Principes j clofe by them the Il^fi^fiy afterwards the Foreign Horfe 3 and in the laft Place the Foreign Foot. But the Form ami Dimenfions of the Camp can't be Co well defcrib'd any other Way, as in a Table, where they are expos 'd to View. However we may remark Two great Pieces of Policy in the Way of difpofing the Confederate : For in the firft Place, they divided the whole Body of Foreigners^ placing Part in the higheft Partition of the Camp, and Part in the lower 5 and then the Matter was order'd, fo that they fhould be fpread in thin Ranks round the Troops of the State: So that the latter, poffeffing the middle Space, re- main'd firm and folid, while the others were Maflers of very little Strength, being feparated fo vaft a Dirtance from one another, and lying juft on the Skirts of the Army. The Romans fortified their Camp with a Ditch and Para- pet, which they term'd I'cjp- and Valium: In the lafl-, fomc diftinguifh Two Parts, the Jgger and the Slides. The Jg- ger was no more than the Earth cart up from the Valhm^ and the Sndes were a Sort of wooden Stakes to feciire and ftren2then it. CHAP. XIII. 0/ the DufleSy Works ^ and Exercifes of the Soldiers, 'T" HE Duties and Works of the Soldiers confifted chiefly -* in their Watches and Guards, and their Diligence in cafling up Intrenchmentsand Ramparts, and fueh oth«r la- borious Services. _ jBook IV. Art of War. i \ | TKe Watches and Guards were divided into the Exctibic?^ asd the l''igiliee : The firft kept by Day, and the other by Night. As to the Excubi(ff^ they were kept cither in the Camp, or at the Gates and Intrenchmcnts. For the tormer, there was aljow'd a whole Mampiilm to attend before the '■Tratoriinn-^ and Four Soldiers to the Tent of every 'Trihime, The 'J'riarii^ as the mo(t honourable Order, were excus'd from the ordinary Watches 5 yet being plac'd exactly oppofitetQ theEquites, they were oblig'd to have an Eye over their Horfes. The Excubicc^ at the Gates of the Camp, and at the In- trenf hments, they properly call'd Statlones. There fecm to have been aflign'd one Company of Foot, and one Troop of Horfe,to each of the Four Gates every Day. And "'twas a moft unpardonable Crime to defert their Poif, or abandon their Corps of Guards. The excellency of the Koman Difcipline, in this Particular, has appear'd on many Occafions to their great Honour, and to the Benefit of their Affairs. To give one In- flance : At the Siege cA Agrigentiira in Sicily\ in the firft ^n- nick War, when the Roman Guards had difpers'd themfelves abroad a little farther than they ought into the Fields for Fo- rage 5 and the Carthaginians^ laying hold on the Opportunity, made a vigorous Sally from the Town, and in all Probability would have forc'd the Camp j the Soldiers, who had carelefly neglcfted their Duty, being feniible of the extreme Penalty they had incurr'd, refolv'd to repair the Fault by fome re- markable Behaviour 3 and accordingly rallying together they not only fuftain'd the Shock of the Enemy, to whom they were far inferior in Number, but in the End made fo great a Slaughter among them, as compell'd them to retreat to their Works, when they had well-nigh forc'd the Rohian Lines {d). The Night-guards, aflign*d to the General and Tribunes, were of the fame Nature as thofe in the Day. But the pro- per Figiks were Four in every Manijmlus^ keeping Guard Three Houe3, and then reliev'd by Fours : So that there were Four Sets in a Night, according to the Four Watches, which took their Name from this Cuftom. The Way of fetting this nightly Guard was by a Tally or Tejfera^ with a particular Infcription given from one Centu- rion to another, quite through the Army, till it came again to the Tribune, who at firll: deliverM it. Upon the Receipt (j) VideP»lyb. lib, I. O ". of 1 1 4 The Roman Part II. of this, the Guard was immediately fet. The Perfon, de- puted to carry the '/ej/era from the Tribunes to the Centu- rions, was cali'd TeJ/trariffS. But, bccaufe this was not a fufficient Regulation of the Bufinefs, they had the Circiiitio VigiUim^ or a vifiting tho Watch, perform 'd commonly about tour Times in the >.ight, by fome ot the Horfe. Upon Extraordinary Occafions, the Tribunes and Lieutenant-Generals, and fometimes the Ge- neral himlelt', made thefe Circuits in Perfon, and took a {iridt View of the Watch in every Part of the Camp. X/"^' (^), when he takes an Occalion to compare the Alace- dcAiiau with the Roman Soldiers, gives the latter particularly the Preference, for their unwearied Labour and Patience in carrying on their Works. And that this was no mean Enco- mium, appears from the Chara61:er 'Polybius {b) has beitow'd on the Alacedonw.ns^xhdit fcarce any People endur'd Hard/hips better, or were more patient of Labour j whether in their For- tifications or Encampments, or in any other painful and hardy Employment incident to the Life of a Soldier. There is no Way of fliewing the Excellency of the Ro?nans in this Affair, but by giving fome remarkable Initances of the Military Works J and we may be fatisfied with an Account of feme of them, which occur under the Conduft oi Julius Ceefar. When he befieg'd a Town of the Atuatki in Gallia^ he be- girt it with a Rampart of Twelve Foot high, and as many broad ^ ftrengthening it with a vail Number of wooden Forts 5 the whole Compafs included Fifteen Miles : And all this he fi- nifh'd with fuch wonderful Expedition, that the Enemy were cblig'd to confefs, they thought the Romans, were aflifted in thefe Attempts by fome fupernatural or divine Power {c). AtanotherTime, in anExpeditionagainft theHelvetiiin the l*ame Country,with theAffiftance only of one Legion,and fome Provincial Soldiers, he rais'd a Wall Nineteen Miles long, and Sixteen Foot high, with a Ditch proportionable to defend it (d). More remarkablethan either of thefe were his Fortifications before A/e/ia, or Alexia, in Surg?mdy,dercnWd by himfelf at large in his fevenrh Book ^ by which he proted-ed his Army againfl: Fourfcore Thoufand Men that were in the Town 5 and Two Hundred and FortyThoufand Foot, and Eight Thoufand Horfe that were arriv'd to the Affiflance of the Enemy (e). (a) L. 5. (b) L. 9. (f) afar, dc Bell. Gall. lib. z. cap. 8. {d) Idem. Biil, Gall, it) lb, lib. 7. But Book IV. Jrt of War, 215 But his moft wonderful Performance, of this Nature, were the Works with which he fliut up ^Po?n/'ey and his Army in ^yrracbium^ reaching from Sea to Sea 3 which are thus ele- gantly defcrib'd by JJiwan^ Lib. 6. Frangnntur momes^ flaniimqiie fer ardiia Casfar 'Hncet cjj'is: pandit foffas^ turritaquefiimmii ^ifpomt Cajlella j^^S'^} magjioqiie receffu Ample xus pnei^ falms^ nenwrcfnqiie tejqiia^ Etfilvas^ vafiaque feras indagine claudit: l<[on defnnt campi^ non defnut pabiila Magno^ Cajtraque defareo circtnndatus aggere mutar^ Sic. Vaft Cliffs, beat down, no more o'erlook the Main, And leveird Mountains torm a wond'rous Plain : Unbounded Trenches with high Forts fecure The Irately Works, and fcorn a Rival Power. Woods, Forells, Parks, in endlefs Circuits join'd, With iirange Enclofures cheat the Savage Kind. Still Tompey^s Foragers fecure may range j Still he his Camp, without Confinement, change, ^c. The Exercifes of their Body were, Walking, Running, Leaping, Vaulting, and Swimming. The firft was very fer- viceable upon Account of tedious Marches, which were fome- times of Neceflity to be undertaken 3 the next to make them give a more violent Charge on the Enemy 5 and the Two laft tor climbing the Ramparts and paffing the Ditches. The Vaulting belong'd properly to the Cavalry, and is ftill own'd, as ufeful as ever. The Exercifes of their Arms Lipfius divides into \Palaria and Armatiira. . The Exercitia ad ^Talmn^ or ^ahria^ were perform'd in this Manner : They ^et up a great Poft about Six Foot high, fuitable to the Stature of a Man 5 and this the Soldiers were wont to aflail with all Inftruments of War, as if it were in- deed a real Enemy 5 learning upon this, by the Affiftance of the CampidcBores^ how to place their Blows a-right. Jiive- nal brings in the very Women afFefling this Exercife : — Vel quis non vidit 'viilnera ^ali ^uera cavat aljiduis fudiki,s^ [ciitoque lacejjlt ? Sat. 6. O 4 Who 2 1 6 The Roman Part II, who has not feen them, when, without a Blufli, p Againft the Pofi their Wicker-Shields they crufh, > Plounfh the Sword, and at the Plaflron pufh ? j [Mr. ^ryde7h Annanira confiftcd chiefly in the Exercifes perform'd with all Manner of miffive Weapons j as throwing of the Spear or Javehn, fhoodng of Arrows, and the like 3 in which the 'j'yrones^ or new lifled Men, were train'd with great Care, and with the fevereft Difcipline : Juvenal may, perhaps, allude to this Cuftom in his fifth Satyr: "Tti [cabie fmeris mali^ qmd in aggere rodit ^ii teghtir farina ^ g'alea^ metueiifyue flagelli (Bifiit alp hirftito jactUum torquere Ca^ello. To you fuch fcabb'd harfh Fruit is given, as raw Young Soldiers at their Exercifing gnaw, Who trembling learn to throw the fatal Dart, And under Rods of rough Centurions fin art. [Mr.2)ryden. Nor did the common Soldiers only pra6tife thefe Feats but the Commanders themfelves often fet them an Example oflnduflry, and were very eminent for their Dexterity ii^ Performances of this Nature. Thus the famous Scipo U ^efcrib'd by Italms: Jj^fe hter medics 'venttircc ingentia landis ^igiia dab at ^ vibrare fiidpfn^ tranfmittere faltu AluraksfoJ/as, imdo^umfrangere nando Indutm rtoraca vadimi^ fpe^taaila tant7!(Cjlcrs to pay otf the Army. But it is probable, that being many in Number, as they areconllantly reprefented in Hi- liory,th'ey had fome otherBufinefsbefides this given in charge, Calvin the Civilian fays. That they had the Supervifal of all the Money coin'd in the City, as the ^leeftcrs took care of the Taxes coming in from the Provinces (c). Befides the Pay receiv'd in Money, we read of Corn and Cloaths often given to the Soldiers : But Tclybitis aflures us, Thatthe j|'«.'f/?fr always fubftrafled fome Part of their Pay on that Accoufit : And Plutarch^ among the popular Laws of C (rTr<^tr/i7Z/5, makes him the Author of one, ordaining, Thatthe Soldiers fhou'd be cloth'd at the Expcnce of the State, with- out the leaft Diminution of their Stipend. The Wheat al- low 'd to the Foot was every Man four Modii a Month 3 to :he Korfe Two Modii ^ and feven of Barley. It was common for the Soldiers, efpecially in the Time of the ftri^l Difcipline, to prepare their Corn thcmfelves for d) Liv. 1. I .(i) III Efjm. Lin. Lat. in Vo. Trik (c) CjIv. Jar. in Vn. Tub. c/£rarii. their Book IV. Art of War. 2 1 9 their own Ufe jand therefore fome carried Hand-mills about with them, to grind it with 5 others pounded it with Stones ; and this, hadily baked upon the Coals, very often furniHi'd them with a Mr.il, which they made upon Tables of Turf, with no other Drink than bare Water, or what they call'd ^Pofca, Water fliarpen'd with a Mixture of Vinegar. CHAP. XV. Of the AiiLiTARY Punishments. T^ H E Punifhments, us'd in theCamp,were fuch as reach'd •*■ either the Oftenders Bodies, Credit, or Goods. The Cor- poral Punifliments were ufually beating with the Vitei or Rods, or bailinading with the E'/Jtes: The laft, tho' already reckon'd up among the Civil Punifhments which did not touch the Life or the Malefadors ; yet in the Camp it was for the molt Part capital, and was perform 'd after this Manner. The convicted Perfon, being brought before the l^nbune^ was by him gently llruck over the Shoulders with a Staff: After this, the Criminal had Liberty to run, but, at the fame Time, the refl: of the Soldiers had Liberty to kill him if they could : So that being profecuted with Swords, Darts, Stones and all Manner of Weapons on every Hand, he was prefently difpatch'd. This Penalty was incurr'd, byitealing any Thing out of the Camp • by giving falfe Evidence j by abandoning their Poll in Battle j by pretending falfely to have done fome great Exploit, out of Hopes of a Reward ; or by fighting wirhout the General's Order; by lofing their Wea- pons; or aggravating aMifdemeanour lefs than either of thefc, in repeating it three Times. If a great Number had offended, as running from their Colours, mutinying, or other general Crimes, the common Way of proceeding to Juftice was by 'Decimarjon^ or putting all the Criminals Names together in a Shield or Vefiel, and drawing them out by Lot; every Tenth Man being to die , without Reprieve, commonly in the Manner juii now de- fcrib'd ; fo that by this Means, tho' all were not aUke fen- lible of the Punifhmentsj yet all. were frighted into Obedi- ence. In latrer Authors we meet fometimes with Vicefiinauo^ ^nd Ce?>tefi7i7aih^ which Words fufficiently explain themfelves. The 210 Tl)e Ko MAN P*irt If, The Punifhments which reach'd no farther than their Cre^- dit,by cxpoling them to publick Shame, were fuch as thefej de- grading them from a higher Station to a lower j giving them a fet Quantity of Barley indead ofWheat j ungirding them,and takim', away their Belt j making them ftand all Supper Time, wKiie the rcil fatdown,and fuch other littlcMarksot Difgrace. Bcfides rhefe, Agellim has recorded a very lingular Punilh- inent,by letting theDelinquent Blood. His Judgment.concern- ing the Original of this Cullom, istothisPurpofe: He fancier that in elder Times, this us'd to beprcfcribed to the drowfy and {luggifhSoldiers,rather asa Medicinal Remedy than a Pu- nifhmentj and that in after Ages it might have been applied inmoft other Faults,upon this Confideration, That all thofe, who did not obferve the Rules of their Difcipline, were to bo look'd upon as ftupid or raad ^and for Perfonsin thofe Con- ditions, Blood-letting iscommonly fuccefsful (a}. Butbecaufe this Reafbn is hardly f^tisfactory, the great Critick MuretUi has obliged us with another, believing the Defign of this Cu- ttom to have been. That thofe mean-fpirited Wretches might lofe that Blood withShame and Difgrace,which they dar'd not fpend nobly and honourably in the Service of their Countr)'^^/ As for the Punifliments relating to theirGoods and Money, ihe Tribunes might for fcveral Faults impofe a Fine on the Delinquents, and force them to give a Pledge, in cafe they could not pay. Sometimes too they ftop'd the Stipend; whence they were calFd, by Way of Reproach, JErediruti. (a) .^Ijrcl. I. lo. c. 8. {b) Muut. V'ariar. LtS. I. ij. c. i» CHAP. XVI. 0/ /^^ M I L I T A R Y R E yr A R D S. BU T the Encouragement of Valour and Induftry were much more confiderable than the Proceedings againft the contrary Vice. The moft considerable (not to fpeak of the Promotion from one Station to another, nor of the Occafi- onal ^Oijathei in Money, djftinguifh'd by this Name fix)m the Largcflcs bcftow'd on the common People, and term'd Cofigir.ri^,) were firll the Z'o?m Inzperatoria^ fuch as The Hafla fiira, a fine Spear of Wood without any Iron on it 5 fuch an one as Virgil has given Sylvias in the Sixth oi t\iz JEneids : lUe f^S' Corona, /l^vi/alu f. tr/'.-/i'- Sea//.'. Book IV Art of War. Ill Jlle vide%f. ^nra juvenis qui nititur hajl^. ThisPrefent was ufually beftow'd on him, who In feme lit- tle Skirmifli had kiJl'd an Enemy, engaging him Hand to Hand. They were reckon 'd very honourable Gifts, and the Gods are commonly reprefented with fuch Spears, on the old Cowi&.'M.v Walker derives hence the Cuftom of our great Offi- ciers carrying white Rods or Staves,as Enfignsof their Places* The ArmiUae, a Sort of Bracelets, given upon Account of fome eminent Service, only to fuch as were born Remans. The 'Torques^ Golden and Silver Collars, wreathed with cu- rious Art and Beauty. 'Pliny attributes the Golden Collars to the Auxiliaries, and the Silver to the Roman SolAitxs , but th is is fuppos'd to be a Miftake. The 'Pljalerae ^cammon\y thought to be a Suit of rich Trap- Jjings for a Horfe j but, becaufe we find them beliow'd on the Foot as well as the Cavalry, we may rather fuppofe them to have been golden Chains of like Nature with the Torques^ only that they feem to have hung down to the Breail 5 where- as the other went only round the Neck. The Hopes of thefb Two laft are particularly urg'd, among the Advantages of a Military Life, hy Juvenal^ Sat. 16. Ut l<£ti poakrii^ omnes^ ^ torqtiibm omnes. The Vexilla^ a Sort of Banners of different Colours, work- ed in Silk, or other curious Materials, fuch as jitigujtiis be- (low'd on Jlgrip;pa^2Stev he had won the Sea-fight at AElmm, Next to thefe were the feveral Coronets, receiv'd on vari- ous Occafions. As, Corofia Civica^ given to any Soldier that had fav*d the Life of a Rcjnan Citizen in an Engagement. This was reckon 'd more honourable than any other Crown, tho'compos'dof no better Materials than Oaken Boughs* Virgil calls it CivUis ^lercus^ Mrx. 6. At que timbrata gcrunt civili tempera J^iercu. 'Phtarcb has guefs'd very happily at the Reafon why the Branches of this Tree Ihould be made ufe of before all others. For the Oaken Wreath, fays he, being otherwife Sacred to Jupiter^ the great Guardian of their City 5 they might therefore think it the moll: proper Ornament for him who had preferved a Citizen. Befides, the Oak may very well claim the Preference in this Cafe ; becaufe in the Primitive Times that Tree alone was thought almofl fufficicnt for the prefcrving of Man's Life: Its Acorns were the principal t)iet of the old Mortals, and the Honey, which was com- monly 211 Tl?e Ko MA N Part II. tnonly found there, prefented them with a very pleafant Li- quor (a). it was a particular Honour conferr'd on the Perfons who had merited this Crown, 1 hat, when they came to any of the publick Shows, the whole Company, as well Senate as People, /hould figniiie their Refped, by riling up when they faw them enter^ and that they /liould take their Seat on thefe Occafions among the Senators j being alfo excus'd from all troublefome Duties and Services in their own Perfons, and procuring the fame Immunity for their Pather and Grand- father by his Side (l^). Corona Muralis, given to him who firft fcal'd the Walls Eforc we enquire into thisSubje(fi:, a very memorable Cu- •*-' Item prefents itfelFto our Notice, which was practifcd almort as loon as the Roman Army invefted any Town 3 and that was the evocario 'Deorwn nireuirmm ^ or inviting out the Guardian Deities: the Reafon of which feems to have been, either bccaufe they thought it impoiribie to force any Place, while it enjoy 'd fuch powerful Defenders 5 or elfe, becaufe they accounted it a moft heinous A6t of Impiety, to aft in Holiility againil the Ferfons of the Gods. This Cuflom is de- fcrib'd at large by Macrobiin in his Saturnalia^ lib 5. cap. 9. The Romans were feldom defirous of attempting anyTown by way of Siege,becaufe they thought it would fcarceanfwer the Expence and Incommodity ot the Method ; fo that this was generally their laft Hopes 5 and in all their great Wars, there are very few Examples of any long Leaguers undertook by them. The Means, by which they poffefs'd thcmfelvesof any important Places, were commonly either by Storm, or immediate Surrendry. If they took a Town by Storm, it was either by open Force, or by Stratagem. In the Former, they made their Attacks without battering the Wall, and were only faid ag^redi Urbem cum corona^ to begirt a "fo^xn j be- caufe they drew their whole Army round the Walls, and fell on all the Quarters at once. If this Way was inefreftnal, they batter'd down the Walls with their Rams and other Engines. Sometimes they min'dand enter'd the Town under-ground : Sometimes, that they m ght engage with the Enemy upon equal Terms, they built wooden Towers, or rais'd Mounts to the Heighth of the Walls, from whence they might gall and moleft them within their Works. The Befieg'd v^ere in moft Danger in the firft Cafe, upon a general Aflault 3 for their Walls were to be made good in all Places at once 3 and it fell out many times, that there were not Men enough to fupply and relieve all the Parts 3 and if thev had a fuffici- fcnt Number of Men, yet all perhaps were not of equal Cou- ■ ra«e 1 %]6 Tfpe Ko M A N Part 11. rage 3 and if any have Ground, the whole Town was in a great Hazard of being loll: : So that the Rommzs oftentimes carried very confiderable Places at one Storm. But if they batter'd the Walls with Engines, they were under fome Dil- ad vantage, their Quarters being ofNeceffity to be extended, fothat they muflbc thinner and weaker in fome Places than in others, and unable to make a ftout Oppolition againft any confiderable Sally. Be(ides,the Befieg'd were not at a Lofs for Ways of defeating their Stratagems j as, they eluded the Force of their Mines by Countermining, or by diftrubing them in their Works 5 particularly putting Oil and Feathers, with other (linking Stuff, into Barrels of Wood, then fetting them on fire, they tumbled them among the Romans^ that theNoi- fomnefs of the Stench might force them to quit their Stations. Their Towers of Wood, their Rams and other Engines, they commonly fct on fire, anddeftroy'dj and then for the Mounts which were raifed againft the Walls, they us'd, by digging underneath, to ileal away the Earth, and loofen the Foun- dations of the Mount till it fell to the Ground. Upon this Account the Romans (as was before obferv'd,j jnuch preferr'd the fudden and brisk Way of attacking a Place ;and if they did not carry it in a little Time, they fre- quently rais'd the Siege, and profecuted the War by other Means. As Scipo^ in his African: Expedition, having aflault- iorRam : I'his wasof two Sorts, the one rude and plain, the other artificial and compound. The lormer feems to have been no more than a great Beam which the Soldiers bore on their Arms and Shoulder5,and with one End of it by mainForce aflail'd the Wall. The compound Ram is thus defcrib'd by Jojepbus : "The Ram (fays he) is a "vaft long Beam, like the Mafl: of a Ship, ftrengthen'd at one *' End with a Head of Iron, fomething refembling that of a *' Ram, whence it took its Name. This is hung by theMidft *' with Ropes to another Beam, which lies crofs a couple of *' Foils, and hanging thus equally balanc'd, it is by a great "Number of Men violently thruft forward, and drawn back- " ward, and fo Diakes the Wall with its Iron Head. Nor is " there any Tower or Wall fo thick or ftrong, that, after the *' firft Affault of the Ram, can afterwards refift its Force in " the repeated Aflaults (a). Tlutarch informs us that Mark Antony in the Tnnhian War made ufe of a Ram Fourfcore Foot long: And Vitrwvkii tells us, That they were fometimes io5, fometimes 120 Foot in Length 5 and to this perhaps the Force and Strength of the Engine was in a great Meafure owing. The Ram was ma- nag'd at one Time by a whole Century or Order of Soldiers 5 and they, being fpent, were feconded by another Century ; fo that it play'd continually without any Intermiffion, t?eing ufually cover'd with a Vinea^ toproteft it from the Attempts ot the Enemy. <«) Rw. Jofe^h, deExcidio Hierofolym. lib 3; M Book IV. Jyt of War, 259 As for the other Engines, which ferved not for fuch great Ufes, and are not fo celebrated n\ Authors, a Mechanical Defcription of them would be vexatious as well as needlefs : Only it may in fliort be obferv'd, 'That the Siilijla was al- ways employ 'd in throwing great Stones, the Catapulta in cafHng the larger Sort ot Darts and Spears, and the Scorpo in fendiuCT the leiTer Darts and Arrows. CHAP. XX. ^he Naval Affairs of the Ko ma -n s. ^"BB Romans^ tho'their City was feated very conveniently -^ for Maritime Affairs, not being above Fifteen Miles di- ftant from the Tyrrbenian Sea 5 and having the River l^ybef running through it, capable of receiving the fmaller Veflels 5 yet feem to have wholly neglected all Naval Concerns for many Years after the Building oi Koine. Andfome are will- ing to affign this as one of the main Caufes which preferv'd that State fo long in its primitive Innocence and Integrity 5 free from all thofe Corruptions which an Intercourfe with Fo- reigners might probably have brought into Fafhion. Howe- ver T)miyfim aflures us, that Aiiciii Martins built Ofiia at the Mouth of the T''^her for a Port, that the City might by this Means be fupplied with the Commodities of the neighbouring Nations (a). And it appears from the Reafons of the T'aren- tine'^Jzx agreed upon by all Hiftorians, that the Ro?rians in that Age had a Fleet at Sea. Yet 'Polyb'ms exprefly maintains, that the firfl: Time they ever adventured to Sea was in the firft 'Ptmick War (^) j but he muft either mean this only of Ships of War, or elfe contradict himfelf; For in another Part of his Works, giving us a Tranfcript of fome Articles agreed on between the Romans and the Carthaginians in the Con- fulfhip of j^/. 'Briittis and Horatim, foon after the Expuliion of the Royal Family jone of the Articles is to this Effeifl:, I'ljat the Romans, and the Allies oftho Romans pall not navigate heyojid the Fair Promontory, nnlefs conflraiifd by TFeather^ or mi 'Enemy ^ &:c. And after this in Two other Treaties, which he has prefented us with, there are feveralClaufesto the fame (a) DJonyf. Halic. lib. j. (t) Lib, i. Purpofc ^40 The Roman Part IJ^ JPurpofe (c). But howfoever thefe Matters are to be adjnfted, we are aflur'd, that about the Year ot the City 492 (d)^ the B^omans, obferving that the Coall: oi Italy lay expos'd to the Depredations of the Cartbaginian Fleet, which often made Delcents upon them, and confidering withal that the War wa5 likely to kill-, they determin'd to render themfelves Mafters of a Naval Army. So wonderful was the Bravery and Refo- lution of that People in Enterprizes of the greateli Hazard and Moment 3 that having hitherto fcarce dream'd of Navi- gation, they fhou'd, at one Heat, refolve on fo adventurous an Expedition, and make the firft Proof of their Skill in a Kaval Battle with the Carthaginiam^ who had held the Do- minion of the Sea uncontelted, deriv'd down to them from their Anceftors. Nay, fo utterly ignorant were the Romans in the Art of Ship-building, that it would have been almoft jmpoffible for them to have put their Defign in effed:, had not Fortune, who always efpous'd their Caufe, by a meer Acci- dent inftrufled them in the Method. For a Carthaginian Gal- ley, which was out a cruifing, venturing too near the Shoar, chanc'd to be branded, and before they could get her off, the 'Kcmani^ intercepting them, took her 5 and by the Model of this Galley, they built their firft Fleet. But their Way of in- ftru6ting their Seamen in the Ufe of the Oar is no Jefs re- markable, wherein they proceeded after this Manner : They caus'd Banks to be contriv'd on the Shore in the fame Fafhion and Order as they were to be in their Gallies, and placing their Men with their Oars upon the Banks, there they exer- cis'd them : An Officer, for that Purpofe, being feated in the Midfi-, who by Signs with his Hand inilrufted them how at once and all together they were to dip their Oars, and how in like Manner to recover them out of the V/ater : And by this Means they became acquainted with the Management of the Oar. But in a little Time finding their Veflels were not built with extraordinary Art, and consequently prov'd fome- what unwieldy in working, it came into their Heads to recom- pence this Defeft, by contriving fome new Invention, which might be of Ufe to them in Fight. And then it was but that thr^y devis'd the famous Machine call'd the Corvns 5 which was fram'd after this following Manner: They erected on the Prov,' of their Veflfels a round Piece of Timber, of about a Foot and a half Diameter, and about Twelve Foot long 5 on (f) Toljb. Lib. 3. (d) Cafanl/on, Chronolog. ii Poljb.- the Book IV. Art of War, 241 the Tog whereof, they had a Block or Pulley. Round this Piece of Timber, they laid a Stage or Platform of lioards, Four Foot broad, and about Eighteen Foot long, which was well fram'd, and fatten 'd with Iron. The Entrance was long^ways, and it mov'd about the aforcfaid upright Piece oi Timber, as on a Spindle, and could be hoilled up within fix Foot of the Top : About this a Sort of a Parapet, Knee high, which was defended with upright Bars of Iron, /harpen'd at the End j towards the Top whereof there was a Rjngj through this Ringjfaftcning a Rope, by the Help of the Pulley, they hoiif* cd or lower'd tnc Engine at Pleafure j and fo with it attack'd the Enemies Vcflels, fometimcs on their Bow, and fome- times on their Broad-fide, as Occafion bei^ ferv'd. When they had grappled the Enemy with thofe Iron Spikes, if they happen'd to fAving Broad-iide to Broad-fide, then they en- ter'd from all Parts j but in Cafe they attack'd them on the Bow, they enter'd two and two by the Help of this Machine, the fore-moft defending the Fore-parr, and thofe that fbllow'd the Flanks, keeping the Bofs of their Bucklers level with the Top of the Parapet. To this Purpofe '■Polybius (according to the late moft ex- cellent Verfion,) gives us an Account of the firlt WarUke Pre- parations which the Romans made by Sea. We may add, in Ihort, the Order, which they obferv'd in drawing up their Fleet for Battle, taken from the fame Author : The two Con- fuls were in the two Admiral Gallics in the Front of their two diftindi Squadrons, each of them jufl a- head of their own Divifions, and a-breaft of each other ; the firll Fleet being poftcd on the Right, the fecond on the Left, making two long Files or Lines of Battle. And, whereas it was necefTary to give a due Space between each Galley, to ply their Oars, and keep clear one off another, and to have their Heads or Prows looking fomewhat outwards j this Manner of drawing up did therefore naturally form an Angle, the Point whereof was at the two Admiral-Gallies, which were near together j and as their two Lines were prolong'd, fo theDiflance grew confequently wider and wider towards the Rear. Butjbecaufe the Naval as well as the Land-Army confined of four Legi- ons, and accordingly the Ships made four Divifions, two of thefe are yet behina : Of which the third Fleet, or third Le- gion, was drawn up Front-ways in the Rear of the firft and fecond^ and fo ftrctching along from Point to Point compos'd a » 242. Tl:>e Roman Part IL a Triangle, whereof the third Line was the Bafe. Their VeiTels ot Burden, that carried their Horfes and Baoaaae. were in the Rear ot tneie 5 and were, by the Help ut Imail toats provided tor that Purpore, towed or drawn after them, in the Rear ot ail, was the tourih Fleet, call'd the 'jTriari- am^ drawn up Jikewife in Rank or Front-ways, parallel to the third : tut thefc made a longer Line, by which means the Extremities liretch'd out, and extended beyond the two Angles at the Bafc. The feveral Di villous of the Army, being thus difpos'd, torm'd, as is faid, a Triangle 5 the Area with- in was void, but the Bafe was thick and Iblid, and the whole Body quick, a6livc, and very difficult to be broken. If we defcend to a particular Defcription of the feveral Sorts of Ships, we meet commonly with three Kinds, Ships of War, S'iips of Burden, and Ships ofPaflage: The firll for the molt Part row'd with Oars j the fecond tleer'd with Sails j and rhelalt often tow'd with Ropes. Ships ofPaflags were either for the Tranfportation ot Men, fuch as the hnrhi- TAycoyci or TfjUiMTiJ^ij or of Horfes, a.s the JJ,/>}>^gi7zes. The Ships of Burden, which the Roman Authors call Naves OTieraric(\ and the Grecian (^o^tikoi, and n^Ko-Aiy (whence the Name o^ Hulks may properly be deriv'd), ferv'd for the Conveyance of Vi6luals and other Provifions, and fometimes too for the carrying over Soldiers, as we find in Ceefar. Ot the Ships of War, the moll confiderabie were the Naves l(.ngT.r> indeed fancy a different Original of thefe Names, as thar m the "I'riremes^ for Example, either there were three Banks one after the other on a Level, or three Rowers fat upon one Bank • or elle t«iree Men tugg'd all together at one Oar: But this is contrary, not only to the Authority of the Clafficks, but to the Figures of the Trire?ms ftill appearing in ancient Monuments. Befides thefc, there were Book IV. Art of War. 243 were two other Rates, one higher, and the other lower* The Higher Rates we meet with are the Hexeres^ the He;p~ Teres, the 0£leres, and fo on the •jnv}ix.<:uJ\K^§t]i ; nay, ^o/y- biiis relates, that T hi lip of Macedo72, Father to Terfeus, had an iic>ccuJ^Kt)fHi (a); which Livy tranflates, 72avis qaam [ex~ decim verfiis remorum agebajit {b\ a Ship with fixteen Banks : Yet this was much inferior to the Ship built by 'Thilopater^ which 'Plittarcb tells us had forty Banks {c). The lower Rates were the 'Biremh and the Alonerei. The "Birerae in Greek Mfiu, or JUe/j'^-i confifted of two Banks of Oars : Ot thefe, the fitteft for Service, by reafon of their Lightnefs and Swiftnefs, were call'd Liburnicte, from the Libiirm, a People in 'Dahnatia,^ who firft invented that Sort of Build- ing 3 for being Corfairs, they row'd up and down in thefe light Veffels, and maintain'd themfelves by the Prizes they took (d). Yet in later Times, all the fmaller and more ex- pedite Ships, wheth'er they had more or lefs than two Banks, were term'd in general Liburnee, or Lihiirnic£. Thus Ho- race and 'Proper tiUi call the Ships which Jugufius made Ufe of in the Sea-Engagement at A^iwn : And Florus informs us, that his Fleet was made up of VelTels from three to fix Banks (e), Suetomus mentions an extravagant Sort o^ Libiir- nicce invented by the Emperor Caligula, adorn 'd with Jewels in the Poop, with Sails of many Colours, and furnifh'd with large Portico's, Bagnio's, and Dining-rooms, befides the cu- fious Rows of Vines and Fruit-Trees of all Sorts (/"). The Moneres, mention 'd by Livy, was a Galley, having but one fincle Bank of Oars, of which we find five Sorts in Au- thors, the etxjoCo^©- ovj46Iuaria, the rexctMi'loo©-, the nxsApj.- Mvlo^O-, the nvjxKfivjo^©- and the Uctj'ovlo^&y of twenty, thirty, forty, fifty, and an hundred Oars. It may be obferv'd, that tho' thefe Undcr-Rates are fup- pos'd to have been built in the Form of the Naves long^e, yet they are not fo generally honour'd with that Name 5 and fometimes in Authors of Credit we find them directly oppos'd to the Naves long(^^iAcjoiyWere fo call'd, becaufe they had neCJA^-fu^ (a) Po/yfe. i« Fragment. (i) Lib. 5j. (c) In Demstrio. (d) Daeier on. I^race, Epodr i. (f) lib. 4. cap. 11. (f) Sueton. in Calig, cap. 37, 0.2 ^7* .-J^' 144 T/;^ R O M A N Part II. ftrtltt or Hatches ; whereas the Apert£ or It^^f^i had none. The greater Ships, as the ^ladrinmis and upwards, feem always to have had Hatches j the 'Triremei and ^iremes arc fcmetimes dcfcrib'd otherwife 5 and all below thefe were Jlpert£. Cuero and other Authors fometimes ufe the Word jiphraBmn for a particular Sort o.- Ship 3 and Tciybhis Kctid(pejf.Ki& y for a ^iinqiienme. Belldes thefe we meet with the 'Na'-^ei ropatds and ISaves turrit d: : The firft were fuch as had Beaks or Rojlr^, neceflary to all Ships v\hich were to engage in a Battle. The others were fuch as had Turrets ereded on their Decks, from whence the Soldiers us'd all Manner of \Ve2p0ns and Engines, as if it had been on Land, and fo cngag'd with the greateit Fury imaginable ; as Virgil^ defcribes the Fioht at Jaiiim. — Telago credas innare revtiljas Cydadas^ am montes conatrrere montibtts altos ; 'Unnta mole viri turitis piippihtis infant. Mx\. 8. The Officers in the Navy were ^ro^feEitis Claffis^ or Ad- miral, and fometimes the i)mimviri^ when two were join'd in Commiffion together with the '^Irierarcfms^ or Captain of a particular Ship, moil: properly of the 'Trire/ne ; the Giiber- 9iator, orMafl:er5 the Ceki/Jies, orBoatfwain, and others of inferior Note. Under the Emperors, as there were Legions cftablifh'd in moil Parts of the Roman Dominions, fo they had conftant- ly Fleets in thofe Seas, which lay conveniently for the De- fence of Neighbouring Countries. As Augitfius kept one Na- vy at Mi^emim in the Mare infennn^ to proteft and keep in obedience Frame^ Spain^ Mauritania^ Egypt^ Sardinia, and Sicily : Another at RcAjenna in the Mare [iipenrnty to defend and bridle Epirtts, Maccdon, Achaia, Crete^ Cyprus^ toge- ther with all AJia. Nor were their Navies only maintain'd on the Seas, but feveral too on the principal Rivers, as the Germanica Ckijfis on the Rhine, the 'Danuhiana, the Euphra- tenfn, &c. to be met with in 1'acittis, and other Hiftorians. [See Sir Henry SavilV 'Diff'ertation at the End of his Trans- lation 0/ Tacitus]. To this Subjeft of the Roman Shipping, we may add a very remarkable Cuflom of fuch as had elcap'd a Wrack at Sea Book IV Jrt of Wan 245 Sea, which we find hinted at in almoft every Place of the Poets, and often alluded to by other Authors j on which the great Modern Critick delivers himfelf to this Purpofe. It was a Cuftom for thofe who had been fav'd from a Ship- wrack, to have all the Circumrtances of their Adventure pre- fented on a Tablet. Some Pcrfons made ufe of their Tablet to move the Compaffion of thofe that they met, as they tra- veird up and down j and by their Charity to repair their For- tunes, which had fuffer'd fo much at Sea. Ihefe jfiivenS defcribes Sat. 14. .-~—Merfa rate natifragm ajfem ^um rogat, ^ fi3afe tempefiate tuetiir. His Veflel funk, the Wretch at fome Lane's End A painted Storm for Farthings does extend, And lives upon the Pifture of his Lofs. For this Purpofe they hung the Tablet about their Necks, and kept finging a Sort of canting Verfes, exprciling the Maur ner of their Misfortunes 5 almoit like the modern PiJgrims. Terfms Sat. i. Cantet Ji nanfraguSy aJfem ^TQtitlerimX Cantai cumfra^a te in trabe fi^tmt Ex hunter portei^^. Say, Should a fhipwrack'd Sailor fing his Woe, Wou'd I be mov'd to Pity ; or beflow An Alms ? Is this your Seafon for a Song, ^ When your defpairing Phiz you bear along, > Daub'd on a Plank, and o'er your Shoulders hung ? J Others hung up fuch a Tablet in the Temple of the par- ticular Deity, to whom they had addrefs'd themfelves in their Exigence, and whofe Afliftance had, as they thought, effefted their Safety. This they terra 'd properly votiva Ta- hella. Juvenal has a Fling at the Roman Superftition in this Point, when he informs us, that 'twas the Bufinefs of a Company of Painters to draw Pi6hires on thefe Accounts for the Temple of ^5. 2^6 Tl:>e Roman Part IL — ^lam "jotiva tefiantnr fana tabella ^lurima^ pi6lores quis nefcit ab Ifide pafci ? Such as in JJis* Dome may be furvey'd, p On Votive Tablets to the Life pourtray'd, p> Where Painters, are employ 'd and earn their Bread. ^ But the Cuftom went much farther ; for the Lawyers at the Bar us'd to have the Cafe of their Client exprefs'd in a Pifture, that by fliewing his hard Fortune, and the Cruelty and Injuftice of the adverfe Party, they might move the Compaffion of the Judge. This jhiintikan declares himfelf againft in his fixth Book. Nor was this all j for fuch Per- fons, as had efcap'd in any Fit of Sicknefs, us'd to dedicate a Pi£lure to the Deity whom they fancied to have reliev'd them. And this gives us a Light into the Meaning of I'ibullus^ Lib. I. Eleg. 3. 'Nunc'Dea^ nunc fucatrre mihi -^ nam fojje raederi ^iBa duet Tempis multa tabella ttiis. Now Goddefs 5 now thy tortur'd Suppliant heal 5 For Votive Paints attell thy facred Skill. Thus fome Chriftians in ancient Time (<;r) upon a iignal Recovery of their Health, us'd to offer a Sort of Medal in Gold or Silver, on which their own Effigies were exprefs'd, in Honour of the Saint whom they thought themfelves oblig'd to for their Deliverance. And this Cuftom ftill obtains in the Popifh Countries {U), L («) Cafnakon ia Terfmm, Sat. i, v. 88. (i) Datier on Horace lib. i. Od. j. PART Book V. 24" P A R T 11. B O O K V. Mtfcellany Cujloms of the Romans. CHAP. I. Of the 'Private Sports and Game s. I^P^f Great Part of the RojMn Pomp and Su- W^^^j perftition was taken up in their Games '^]M^^wi^'W& P^^^Jfion was taken up m their Uames %::^^^:,iM1m.^^^ and Shows, and therefore very many of >?C?%i' a I <^'w4'^ their Cufioms have a Dependence on ^I^^^KiLl!:Ji% thofc Solemnities. But, in our Way, we l^l^^^^jj^^l^ fliou'd not pafs by the private Sports and ^•^ Diverfions j not that they are worth our W^^'W^M^^^^'^:' Notice in them fehcs, but, bccaufe many Paflages and Allufions in Authors would otherwife be very difficult to apprehend. The Private Games, particularly worth our Remark, are the Latmnculi, the 7^//, and TejfeVie^ the ^ila^ the Tar impdTy and the Trochtis. The Game at Latriinculi feems to have been much of the fame Nature as the Modern Chefs j The Original of it is ge- nerally referr'd to Talmnedes's Invention at the Siege oi'Troy: Tho' Seneca attributes it to Chiloi?^ one of the feven Grecian Sages 5 and fome fancy that TyrrJmsYJmg o^ Epiriis contriv'd this Sport, to inftruft his Soldiers, after a diverting Manner, Q_4 in 24S Tk TriVate S p o R T S Part 11. in the Military Art. However, 'tis certain, it cxprefTes the Chance and Carder of War fo ver}' happily, that no Place can lay fo iuit a Claim to the Invention as the Camp. Thus thd ingenious ^'iM begins his Poem on this Subjeft, Ludimm effigiew belli^ fimnlataque veris '■I^resliC!^ biixo aiies p^as^ ^ iudicra regna : Ur gemiui i?iter fe reges, aibiifqiie^ nigerque, ^Pro laiide oj^pcfiti^ certain hicoloribus annis. War's harmlefs Shape we fing, and Boxen Trains Of Youth, encount'ring on the Ccdar-'9\ii^r\s. How two tall Kings, by different Armour known, Traverfe the Field, and combat for Renown. The Chefs-men, which the Romans us'd, were generally of Wax or Glafs j their common Name was Calculi^ or Latrmi- culi : The Poets fometimes term them LatroneSy whence La- truiiciiltis was at firft deriv'd : Toy Latro among the Ancients iignified at fird a Servant, (as the Word Knave in Engl'ijh^ and afterwards a Soldier. Seneca has mention 'd this Play oftener, perhaps, than any KiXktt Reman Author j particularly in one Place, he has a very remarkable Story, in which he defigns to give us an Example of wonderful Refolution and Contempt of Death 5 tho' fome will be more apt to interpret it as an Inftance of infenfible Stupidity. Thie Story is this : One Camus Julius (whom he extols very much on other Accounts) had been fentenc'd to Death hy Caligula ; the Centurion coming by with a Tribe of Malefactors, and ordering him to bear them company to Exe- cution, happen'd to find nim engag'd at this Game. Canhis^ upon his firlt Summons, prefently fell to counting his Men, and bidding his Antagonift be fure not to brag falfly of the Victory after his Death, he only defir'd the Centurion to bear witnefs, that he had one Man upon the Board more than his Companion 5 and fo very readily join'd himfelf to the poor Wretches that were going to fuffer {a). But the largeft and moft accurate Account of the Latrun- ttiUy piven us by the Ancients, is to be met with in the Poem to 'iPi[o 5 which fome will have to be Ovid\ others Zucan's, and many the Work of an unknown Author. (a) Serteca d( Jranijuil. Animi, cap. 14. Tho Book V. and Games. 24^ The ST^/i and I'ejfera^ by reafon of fo many Paflages in Au- thors equally applicable to both, have oftentimes been con- tounded with one another, and by fome diftinguifh'd as a fe- parate Game from theZ?(/«i ale<£^ or Dice : Whereas,properly Ipeaking, the Greeks and Rowans had two Sorts of Games at Dice, the Liidus talonim^ or Play at Cockall, and the Ludiis tejj'erarum^ or what we call Dice. They play'd at the firit with four 'taii^ and at the other with three Tejjer£. The t/^//had but four Sides, mark'd with four oppoiitc Numbers^ one Side with a yrej, and the oppdfite witn a ^latre 5 one with an Ace, and the contrary with a Sice. The Dice had fix Faces, four mark'd with the fame Numbersasthe ^//,and the two others with ^iJetix and a Cinque^ always one againftthe o- ther ; fo that in both Plays the upper Number and the lower, cither on the Talus or TeJ/'era, conftantly made feven. There were very fevere Laws in force againft thcfe PJays, forbidding the Ule of them at all Seafons, only during the SariiTfialia ; tho' they gam'd ordinarily at other Times, not- withftanding the Prohibition. But there was one Ufemadc of them at Feafts and Entertainments, which perhaps did not fall under the Extent of the Laws ; and that was to throw Dice, who fhould command in chief, and have the Power of prefcribing Rules at a Drinking Bout 5 who in Horace is call'd j^rbiter bibendi. They threw both the 1'ali and the 'TejfertS out of a long Box, forwhich they had fcveral Names, as WitiUum^ 'Pyrgus, 'Turrictila^ Orca^ &c. There are many odd Terms fcatter'd up and down in Au- thors, by which tney fignified their fortunate and unfortu- nate Cafts; we may take Notice of the beft and the wortt. The beft Caft with the 'Tali was, when there came up fom different Numbers, as Tres^ ^latre^ Sice^ Ace : The beft with the Dice was three Sices 5 wie common Term for both was Femis or Sajilicm ; the pooreft Caft in both having the Name of Cajiis. 'Perjius oppofes the Senio^ and the Caniciiia^ as the beft and worft Chances. ' ^tiid dexter fenio ferret Scire erat in votis^ damnofa canicula quantum Raderet^ atignjlte collo non fallier Orca^, Sat. 3. But then my Study was to cog the Dice, And dextroufly to throw the Ijucky Sice. To 2^0 TJ:e Private S p o R T s Part II. To Hiun Jlnici-JIce that fweptmy Stakes away 5 And watch the Box, for fear they fhou'd convey Falfe Eones, and put upon me in the Play. Mr. 'Dryden. The wifer and feverer i?^(J»2^;?5 thouorht this fedentary Di- •verfion fir only for aged Men, who could not fo well employ themfelves in any {Hrring Recreation. Let them ( fays old Cato in 'J'uUy\ ) have their Jrmow\ their Horji^^ and their SJ-'ears j let them take their Club and their Jamlin 3 let them have their jhd7nming Matches and their Races^ fo they do but leave 71s, among the nmneroiis, Sports, the Tali and the, Tefferx, But the general Corruption of Manners made the Cafe quite otherwife ; Si damnofa [enem pvat alea, liidit ^ h. The belt Account wc rcert with of the 'Pyrrhick Dance is in Claiitiians Poem on the lixth Con- fulfhip of Hofiorhis. Ari72atoi hicfd^'C choros^ certaque vaganii Sextos kgejiig^s, mc:vjujefqi;e recurfus^ Et pikbrcis errorum artes^ jiicimdaque Jllanis Cemmus : i-iipiniit mm vcrbei e figna mo.gt[ti'i\ M^itatc[que edant ^jjamcr tot }-e6icm motiis^ Jn Icitns allifis cly^eis^ am rurfiis in sltum Vibratis: grave J-'arma fc7:at mucronn acnti Verbere^ i$ timboimm J^tilfu mcdulante refiihajis Ferreus altcmo concentm claiiditiir ej^fe. Here too the Warlike Dancers blefs our Sight, -. Their artful Wand'ring, and their Laws of Flight, v, And unconfus'd Return, and inoffenfive Fight. j Soon as the Mzdcr's Clack proclaims the Prize, Their moving Breads in tuneful Changes rife f The Shields I'alute their Sides, or ftraight are fliown In Air high waving j deep the Targets groan Struck with alternate Swords, which thence rebound, And end the Concert and the facred Sound. The mofi: ingenious Mr. Cart-zvrigbt, Author of the Royal- Slave, having Occafion to prefent a V/arlike Dance in that Piece, took the Mcafures of it from this Paflage oi Claud i- /?;;, as the moft exai^l: Pattern Antiquity had left. And in the Printed Play, he has given no other Defcription of that Dancc» than by fetting down the Verfes whence it is copied. (a) Mihjiar. lib. ic. ^lifts Book V* Tl^e Si?ows^Scc. 2(^5 ^i/^iiiS Scaliger tells us of himfelf, that while a Youth, he had often danc'd the Tyrrbick before the Emperor Maxi- milian^ to the Amazement of all Germnvy : And that the Emperor was once fo furpriz'd at his warlike A6}ivity, as to cry our, 'I'hii Soy either --xas horii in a Coat of Mail,' infiead of a Skin, or elfe has been rocked in one inftea.i of a Cradle {a). (a) Tan. lib. I. cap. i8. CHAP. III. Of the Shows oflVild Beajls, and of the Naumachise. nr H E Shows of Beafts were in general defign'd for the •*■ Honour of Tiiana the Patronefs of Hunting. For this Purpofe, no Coft was fpar'd to fetch the moft different Crea- tures from the fartheft Parts of the World : Hence Claudian^ ratibnspars ibat omUiis ^er freta, velfiuvios-, exfanguis dextera torpet Remigis, ^ fropriara metiiebat navita mercem. Part in laden Veflels came, Born on the rougher Waves, or gentler Stream; The fainting Slave let fall his trembling Oar 5 And the pale Mafter fear'd the Freight he bore. And prefently after, '-—^lodcnnqtie tremendtim efi 'DentiUuSy am infigne jubis, aut nobile cormt, Aut rigidiim fetis cafittir dems omne timorque Syharum, non caiite latejzr, non mole refi^unt. All that with potent Teeth command the Pidin, All that run horrid with erefted Mane, Or proud of flately Horns, or briftling Hair, At once the Foreft's Ornament and Fear 5 Torn z66 77;^ Shws of Part II. Torn from their Defarts by the Ranan Power, Kor Strength can fave, nor craggy Dens fecure. Some Creatures were prefented merely as ftrange Sights and Rarities, as the Crocodiles, and feveral oudandifh Birds and Beaits 3 others for the Combat, as Lyons, Tygers, Leo- pards, 'iS(^' other Creatures, either purely tor Delight, or elfe for the Ufe of the People, at fuch Times as they were al- jow'd Liberty of catching what they could for themfelves, as Hares, Deer, and the like. We may reckon up three Sorts of Diveriions with the Beafts, which all went under the common Name oiVenatioji 5 the firft, when the People were permitted to run after the Beafts, and catch what they could for their own 'SJ£q-, the fecond, when the Beafts fought with one another- and the laft, when they were brought out to engage with Men. When the People were allow'd to lay hold on what they could get, and carry it off for their own Ufe, they call'd it Venatio direp'ionis : This feems to have been an Inftitutiorv of the Emperors. It was many Times prefented with extra- ordinary Charge, and great Variety of Contrivances ; The middle Part of the Circo being fet all over with Trees, remo- ved thither by main Force, and faften'd to huge Planks, which were laid on the Ground 5 thefe, being cover'd with Earth and Turf, reprefented a natural Foreft, into which the Beafts being let from the Cavece^ or Dens under Ground, the People, at a Sign given by the Emperor, fell to hunting them, and carry'd away what they kill'd, to regale upon at Home. The Beafts ufually given were Boars, Deer, Oxen,- and Sheep. Sometimes all Kinds of Birds were prefented after the fame Manner. The ufual Way of letting the Peo- ple know what they ftiould feize, was by fcattering amongft: them little Tablets or Tickets, {Tejferas) which entitl'd thofe who caught them to the Contents of their Infcription. Some- times every Ticket was mark'd with fuch a Sum of Money, payable to the firft Taker. Thefe Largcfles were in general ter'm'd Mi/pJi^^ from their being thrown and difpers'd a- mong the Multitude (a). The Fights between Beafts were exhibited with great Va- riety 5 fometim.es we find a Tyger match'd with a Lyon, fometimes a Lyon with a Bull, a Bull with an^Elephant, a Rhinoceros with a Bear,^f. Sometimes we meet witn a Deer' {a) pd. Bullenger de Vent, Circi, cap. 13 . , . huhtett Book V. Wild ^eajis. 167 hunted on the j^rea by a Pack of Dogs, But the moft won- derful Sight was, when by bringing the Water into the Am- phitheatre huge Sea-Monflers were introduc'd to combat with Wild Beafts. Nee nobis tmittim fylveftria cernere tnon^ra, Contigit^ £qiu)reGS ego cum cenajitibm iirjis SJ^eBavi vimlos. Calphum. Eclog. 7. Nor Sylvan Monflers we alone have view'd, -^ . But huge Sea-Calves, dy'd red with hoftile Blood s Of Bears, lie flound'ring in the wond'rous Flood. j The Men, that engag'd with Wild Beafls, had the com- mon Name of SejUani. Some of thefe were condemn'd Per- fons, and have been taken Notice of in other Places {a'): Others hired themfelves at a fet Pay, like the Gladiators^ and, like them too, had their Schools where they were in- ftrufled and initiated in fuch Combats. We find feveral of the Nobility and Gentry many Times voluntarily undertaking a Part in thefe Encounters. And y//ft;£'«^/ acquaints us, that the veryWomen were ambitious of fhewing their Courage on the like Oceafions, tho* with the Forfeiture of their Modefty. Cm-a — 'Mcevia Titfiam Figat afnim^ ^ nuda teneat vembula mamma. Sat. r. Or when with naked Breaft the mannifli Whore Shakes the broad Spear againft the Tuscan Boar. And Martial compliments the Emperor iJomitian very handfomely on the fame Account. Selliger inviElis qtiod Mars tibiffvit in armis^ Non fatis efl^ Ceefar^ feevit £«? ipfa Venus. (Projirattim vafta Nemees in velle leotiem Nobile ^ lierciilemn fama canebat opts. ^rifia fides taceat : Nam pofl tiia mtMiera^ defar^ H(ec ]am fc&mi7iea vidimm a^n manii. Not Mars alone his bloody Arms Hiall wield 5 7 Veniis^ when Caesar bids, fliall take the Field, > Nor only wear the Breeches, but the Shield. ^ The Savage Tyrant of the Woods and Plain, By Hermks in doubtful Combat flain, (*) Book 3. Chap. 20, Still 268 77;e Naumachi.^ Part II. Still fills our Ears with the Nemean Vale, And mufty Rolls the mi^^hty Wonder tell : Ko Wonder now j for Cdjarh Reign has fhown 9 A Woman's equal Power 3 the fame Renown > Gain'd by theDifkff, which the Club had won. j Thofe who cop d on plain Ground with the Eeafls, com- monly met with a very unequal Match 3 and therefore, for the moil: part, their Safety confilted in the nimble turning of their Body, and leaping up and down to delude the Force of their Adverfary, Therefore Martial may very well make a Hero of the Man who flew twenty Bealis, ail let in upon him at once, tho' we fuppofe them to have been of the in- ferior Kind. BermkdE hudis mimeremr gloria: flm efi Sis denas ;pariter perdomiiijje /eras. Count the twelve Feats that Hercules has done j Yet twenty make a greater, join'd in one. But becaufe this Way of engaging commonly prov'd fuc- cefsful to the Bealis, they had other Ways of dealing with them, as by aflfailing them with Darts, Spears, and other miffive Weapons, from the higher Parts of the Amphithea- tre, where they were fecure from their Reach 3 fo as by fome means or other they commonly contriv'd to dilpatch three or fqur hundred Beafts in one Show. In the Show of Wild Beafts exhibited by Julius Cafar in his third Confulfliip, twenty Elephants were oppos'd to five hundred Footmen 5 and twenty more with Turrets on their Backs, fixty Men being allow'd to defend each Turret, en- gag'd with five hundred Foot, and as many Horfe (a). The 1f?;, Ana. XUI, {b) Sneten. in D9^nit c 4 ■ 'is 270 The Gladiators. Part II, Is this beyond your Credit ? Only ftay 'Till from the fight the Veflcls bear away ; You'll cry with Wonder, Here but now was Sea ! 'Tis related of the Emperor Heliog^l^.^J^fs, that, in a Rc- prefentaaon of a Naval Fight, he fiU'd the Channel where the Veflels were to ride, with Wine inftead of Water (^). A Story fcarce credible, tho' we have the higheft Conceptions of his prodigious Luxury and Extravagance. CHAP. IV. Of the GLADIAI'OKS. 'T^ HE firfl: Rife of the Gladiators is referr'd to the anci- -■• ent Cuftom of kiiling Perfons at the Funerals of great Men. For the old Heathens fancying the Ghofts of the De- ceas'd to be fatisfied, and render'd propitious by Human Elood, at firft they us'd to buy Captives, or untoward Slaves, and offer'd them at the Obfequies. Afterwards they contriv'd to veil over their impious Barbarity with the fpecious Show of Pleafure, and voluntary Combat 5 and therefore training up fuch Perfons as they had procur'd, in fome tolerable Kr-owhdge of Weapons j upon the Day appointed for the Sacrifices to the departed Ghofts, they oblig'd them to maintain a morral Encounter at the Tombs of *di!tZiHm" t^^^^ Friends. The firil Show of Gladiators *, ta ormm. exhibited at Rc7ne^ was that of M. and 2). 'Bru- tus, upon the Death of their Father, A. U. C. 490. in the Confulfhip of Jp. Claudius, and Jif. Fuhiiis {b). Within a little Time, when they found the People exceed- ingly pleas'd with fuch bloody Entertainments, they refolv'd to give them the like Diverfion as :oon as poffible, and there- fore it foon grew into a Cuftom, that not only the Heir of any great or rich Citizen newly deceas'd, but that all the principal Maf-if^^ares H-iould take Occafions to prefent the People with ilier? Shows, in order to procure their Efteem andAffe'Tion. Nay, the very Priefts were fometimes the Ex- hibitors of fuch impious Pomps j for we meet with the Ludi (a) Lampridim in Helhgah. (ii) Val. Max. lib, 5. cap. 4. TCJlti- Book V. 77;^ Gladiators. 271 'J^ont'ijiccilei in Suetonius {a) and with the Ltdi Sacerdotaki in Tl'iny {h\ K's, for the Emperors, it was fo much their Interefl: to in- gratiate themfelves with the Commonalty, that they oblig'd them with thefe Shows almoft upon all Occafions : As on their Birth-day 5 at the Time of a Triumph, or after any fignal Vi^lory 3 at the Confecration of any publick Edifices 5 at the Games which feveral of them inftituted, to return in fuch a Term of Years j with many others, which occur in every Hiftorian. And as the Occafiens of thefe Solemnities were fbprodigl- oufly encreas'd, in the fame Manner was the Length of them, and the Number of the Combatants. At the firft Show ex- hibited by the 'BfUti^ 'tis probable there were only three Pair dH Gladiators^ as may be gather'd from that oi Jltifcmus j 'Tresfrimas I'hracum fugnas^ tr'ihis ordine belli s^ Jumadds ■patrio inferias 7mfere feptilcjoro. Yet jfiiUus defar in his Edilefhip prefented three hundred and twenty Pair (a). The excellent 'Titt/s exhibited a Show of Gladiators^VJild Beafts, and Reprefentations of Sea-fights, an hundred Days together (^) ; And I'mjan^ as averfe from Cruelty as the former, continu'd the Solemnity of this Nature an hundred and twenty-three Days, during which he brought out a thoufand Pair of Gladiatcrs (c). Two thoufand Men of the fame Profeffion were lifted by the Emperor Otho to ferve againfl: ViteUius (e). Nay, long before this, they were fo very numerous, that in the Time of the Catilinariaji Confpiracy, an Order pafs'd to fend all the Gladiators up and down into the Garrifons, for fear they fhould raife anyDifturbance in the City(/), by joining with the difafFefted Party. And Tlu- tarch informs us, that the famous Spartacus^ who at laft ga- ther'd fuch a numerous Force as to put Rome under fome unufual Apprehenfions, was no more than a Gladiator, who, breaking out from a Show at Verona, with the reft of his Gang, dar'd proclaim War againfl the Roman State (^). In the mean time, the wifer and the better Romans were very fenfible of the dangerous Confequences which a Cor- ruption of this Nature might producejj and therefore Cicero preferr'd a Law, that no Perfon fliould exhibit a Show of Gladiators within two Years before he appear'd Candidate W) ^ngtt^, p. 44- ib) Eptji. l!b. 7, (c) Plutarch In Cafar. (d) Dh. lib 68 {e) Tacitus. {f) Salup Catalii, ig) Plfftarch in Craf. for 2/2 The Gladiators. Pare II. for an Office (^j. Julius Ccefar order'd, that only fuch a Niniibcr of Men of this Proieffion fhould be in Rome at a Time (b). Aiigiiftus decreed that only two Shows of Glndi- atcrs /hould be prefented in a Year, and never above fixfy Pair of Combatants in a Show (<:}• I'lberhis provided by an Order of Senate, that no Pcrfon fhould have the Privilege of gratifj'ing the People with fuch a Solemnity, unlefs he was worth four hundred thoufand Sejlcrces (./). Ner-va in a great Meafure regulated this Affair, after the many Abufes of the former Emperors 5 but the HoiiOur of entirely removing this Barbarity, out of the Romd7i \Vor\6 , was referv'd for Coajiantine the Great, which he perform'd about the Year of the City iCiTy, nigh fix hundred Years after their firfl Inf^itution. Yet under Ccujiavtius^ Tteodo- fms, and Valentiman^ the fame cruel Humour began to re- vive, 'till a final Stop was put to it by the Emperor Hcmri- 'TIS 5 the Occafion of which is given at large by the Authors of Ecclefiafiical Hiftory. I'hus much may be proper to obferve in general, concern- ing the Original, Increafe, and Reitraint of this Cuflom. For our farther Information, it will be neceilary to take parti- cular Notice of the Condition oi' xht Gladiators^ of their fe- verai Orders or Kinds, and of their Manner of Duelling. As for their Condition, they were commonly Slaves, or Captives ; for 'tv/as an ordinary Cuftom to fell a difobedient Servant to the Laniftce^ or the Inflrudors of the Gh.diatcrs^ who, after they had taui^ht them fome Part of their Skill, let therA cut for Money at a Show. Yet the Freemen foon put in for a Share of this Privilege to be kill'd in Jeff j and accor- dingly many Times offer'd themfelvesto hire for the Amphi- theatre, whence they had the Name Qi AuBorc.ti. Nay, the Knights and Noblemen, and even the Senators themfelves at laift were not afliam'd to take up the fame Profeflion, fqinc to keep themfelves from ftarving, after they had fquander'd away their Eftates, and others to curiy Favour with the Em- perors : So that Angiifttis was forc'd to command by a publick Edi6^, that none of the Senatorian Order fliould turn Gladi- ators (e) : And foon aft?r, he laid the fame Ref^raint on the Knights (/). Y"et thefe Prohibitions were fo little regarded by the following Princes, that Nero prefented at one Show (if the Numbers in S^iPtovii'S are not corrupted^ 400 Sena- tors, and 600 of the Ewp'inn Rank (^g). {a) Ckera inVatin. (M Suet. Uf. cap. to. (c) Dk. (d) Tacit. An. 4. (f) Dio. lib. 4«. (/) ScH-'on. -^«e. Cdo. 4?. j)ic lib." 54. {r) Idem. Air. dp. i r. But Book V. jf7;e Gladiators. 275 But all this will look like no Wonder, when, upon a far- ther Search, we meet with the very Women engaging in thefe publick Encounters, particularly under Nero and 'Do- mitian. jfwvendl has expofed them very handfomly for this Mannifh Humour in his nxth Satire. ^lak decns renm,, fi con'pgh miBiofiat, Saltern ^ manic ce^ ^ crijttf, crnrifque faijfiri 'iDwnamm tegraen ? velfi diver^a movebit ^Ydslia^ tufoslix^ ccreas 'vendeme ptiella. H<£ [lint quieteiiui [udantin cyclade: quarum fDelicias t$ fanniciilm homhycinm iirit. AdfPice quo fremitu jfionftratos perferat iEitiSy Et qiiamo gakd cmvetiir fojidere 5 quanta ^ojblitibus fedeaty qtiam denfofafcia lihrol Oh ! what a decent Sight 'tis to behold All thy Wife's Magazine by Auftion fold ! The Belt, the crelted Plume, the feveral Suits Of Armour, and the Sfanip Leather Boots ! Yet thefe are they that cannot bear the Heat Of figur'd Silks, and under Sarfenet fweat. Behold the itrutting Aina'zonian Whore, She itands in Guard, with her right Foot before 3 Her Coats tuck'd up, and all her Motions juft. She ftamps, and then cries hah ! at every Thruft* [Mr. 'Drydeti. Yet the Women were not the moft inconfiderable Perfor- mers, for a more ridiculous Set of Combatants areftill behind; and thefe were the Dwarfs, who encountring one another, or the Women, at thefe publick DiverfionSjgavea veryplea- lknt Entertainment. Statins has left us this elegant De- fcription of them. Hii aitdax f libit ordo piimiknim^ ^tosnattira brevi fiatuferado Jslodofiim [emel in globiim ligavit. Edunt vulnera^ conjeruntque dextras : JEt rmrtemfibi^ qua manu^ minentury Ridet Mars pater ^ cruenta Virtus^ Cajfurcsqtie vagis griies rapinis Mirantur ptimilos fercciores. S To 274 T7;e G L A D I A T o R s. Part II. To mortal Combat next fucceed Bold Fencers of the '■'Pigmy Breed, Whom Nature, when Ihe half had wrought, n Not worth her farther Labour thought, C But clos'd the reft in one hard Knot. 3 With what a Grace they drive their Blow, And ward their Jolt-head from their Foe ? Old ATars and rigid Virtm fmile At their redoubted Champion's Toil. And Cranes, to pleafe the Mob let fly, Admir'd to fee their Enemy So often by themfelves o'ercome, Infpir'd with nobler Hearts at Ro7ne. The feveral Kinds o^ Gladiators worth obferving were the Retiarii^ the Secutores^ the Myrmilknes, the 'J'hracians^ the Samnites, the 'Pi'animpi, the EJJedarii^ and the j^ndabatge. But before we enquire particularly into the diflincl Orders, we may take notice of feveral Names attributed in common to fome of every Kind upon various Occafions. Thus we meet with the Gladiator e% Meridiani^ who engag'd in the Afternoon, the chief Part of the Show being finifhed in the Morning, Gkdiatores Fifcaka, thofe who were maintain'd out of the Emperor's Fifciis, or private Treafury, fuch as Arrian calls K«;^^©- ^voimyja Ccefar's Gladiators : Gla- diatores ^oj^iilatitii^ commonly Men of great Art and Ex- perience, whom the People particularly defired the Emperor to produce : Gladiatores Catervarii, fuch as did not fight by Pairs, but in fmall Companies : Suetovitis ufes Catervarii ^iigiles in the fame Senfe (a). Gladiatores ordinarii^ fuch as were prefented according to the common Manner, and at the ufual Time, and fought the ordinary Way 5 on which Ac- count they were diftinguifli'd from the Catervarii^ and the *Pofitilatitii. As for the feveral Kinds already reckon'd up, they ow'd their Diftindion to their Country, their Arms, their Way of fighting, and fuch Circumflances, and may be thus, in fhort, defcrib'd: The Retiarius was drefs'd in a /hortCoat, having a Ftif- ctna or Trident in his Left-Hand, and a Net in his Right, with which he endeavoured to entangle his Adverfary, and then with his Trident might eafily difpatch him 5 on his (") ^i*Z- cap. 4 J. Head Book V. T/^£? Glad I ATORs. 275 Head he wore only a Hat tied un ,^ — F.tillic 'Dedeais urbis babes : nee myrmilionh m ar?ms NecclyJ^eo Gracdmm _p?ignanter/? l^ fake fupiua^ i^Daitinat enim tales habitus, fed daimiat ^ odit.) Nee galea faciei'tz abfcQ92dit, mcvet ecce tridentcm^ ^ojfquam librata fendevtia ret'ia dextra Nequicqua}?i effiidit, 7io7idumffeBamki vultum Engit^ ^) tctafitgit agmfcendus arena. Credamm tunk Then places all his Safety in his Flight. 3 Room ibr the noble Gladiator I fee His Coat and Hatband fliow his QuaUty. Thus when at lafl: the brave Myrinillo knew 'Twas Gracchus was the Wretch he did purfue, S a T© 1/6 77;c G L A D I A T O R s. Part II. To conquer fuch a Coward griev'd him more, Than it he many glorious Wounds had bore. Mr. Stepney. Here the Poet feems to make the Myrmillo die fame as the Secutor^ and thus all the Comments explain him. Yet LipfiHi will have the Myrihillones to be adilfinCl: Order, who fought compleatly arm'd 3 and therefore he believes them to be the Crupelliirii oi 'To.citv.), (a), fo call'd from fome old Gdllick Word, expreffing that they could only creep along by reafon of their heavy Armour. The ^I'braiiani made a great Part of the choiceff Gla.iia- tcrs^ that Nation having the general Repute of Fiereenefs and Cruelty beyond the reif of the World. The particular Weapon they us'd was the Sica^ or Fauchion 5 and their De- fence confifted in a '■paDiia^ or litcie round Shield, proper to their Country. The Original of the Sduinhe Gladiators is given us by I^i'jy : The Carapanums^ fays he, bearing a great Hatred to the Samnhes^ they arm'd a Part of their Gladiators after the Fafliion of that Country, andcall'd them Samnites(b). What thefe Arms were, he tells us in another Place 3 they wore a Shield broad at the Top to defend the Breaffs and Shoulders, and growing more narrow towards the Bottom, that it might be moved with the greater Convenience j they had a Sort of Eelt coming over their Breails, a Greave on their left Foot, and a crelfed Helmet on their Heads 3 whence it is plain that Defcription of t\\e Jmaz-oma)2 Fencer, already given ftovciJirje72fll^ is expreOy jneant of ailuming the Armour and Duty of a Samv'ne Gladiator. Salteiis ^ n2a;iicce ^ crijfce, crurifqiie fwifiri liimi.iium tegmen. The 'Pinno'^ which adorn'd the Sdinnite^ Helmet, deno- minated another Sort of Gladiators Pbin'irapi^ becaufe be- ing match 'd with the Scwmitei^ they us'd to catch at thofe 'P/Vwrf', and bear them off in Triumph, as Marks of their Viftory. D. Holiday takes the Pimiirapm to be the fame as the Rctio.nus {c). Lipfins^\xx\c\es the 'Provcccitores^ mentioned by Cicero in his Oratron tor 'Pefiitis, to have be^n adiffinct Species, and that they were generally match'd with the Sammtes 3 tho' perhaps the Words of Dc^ri? may be thought not to imply fomuch. (j) ^Anna^,. lib. 5. (4) Lib. y. W I.luftr.acioii on "Juvenal, Sat. 3. The Book V. The Gladiators. 277 The Iloj/omacbi, whom we meet with in Seneca (a) and Suetonius {b) may probably be the fame either with the Sam- niiei or MyrraiUoms^ call'd by the Greek Name Q'ni.o^f.dx^'t becaufe they fought in Armour. The FJjedarii^ mention'd by the fame Authors (c), and by 'Ttilly (./'j, were fuch as on fome Occallons engaged one another out of Chariots *, tho' perhaps at other ''^EJfedci. Times they fought on Foot like the rert. T\\c E£'e- diim was a Sort of Waggon, from which the Gdvls and the Jiritcnns us'd to alTail the Romans in their Engagements with them. The An.iabat<€ or 'hv-jC^J) fought on Horfe-back, with a Sort of Helmet that cover'd all the Face and Eyes, and there- fore Andabatarnm more pvgnnrc is to combat blindtold. As to the Manner of the Gladiators Combats, we can't ap- prehend it fully, unlefs we take in what was done before and what after the Fight, as well as the a^iual Engagement. When any Perfon defiin'd to oblige the People with a Show, he fet up Bills in the publick Places, giving an Account of the Time, the Number of the Gladiators, and other Circum- ftances. This they call'd Muniis prcniinciare or j-rofonere -^ and the Libelli or Bills were fometimcs teim'div/i'(f/^ 5 many Times befides thcfe Bills they fet up great Pi<51nrcs, on which were defcribed the Manner of the Fight, and the Elligies of fome of the moft celebrated Gladiators, whom they intended to bring out. This Guftom is elegantly defcribed by Hjcs a^ Book z. Sat. 7. Vel cum ^^aufiaca tcrpes insane tabelh^ ^li peccas minus at que ego ^ cWfC Fuhi Rutub^eque jfut^placideiani ccn.tentopwplite ^nir^r 'prcclia, rubricapitfa am carbone, velut fi Reverapmgnent^ ferUnt^ vitevtque moventes j^rma viri ? Or when on fo:r,e rare Piece you wond'ring fi:and, And praife the Colours, and the Maimer's Hand, Are you Icfs vain than I, when in the Street The painted Canvas holds my ra\ iHi'd Sight ? Where with bent Knees the skilful Fencers rtrive To fpeed their Pafs, as if thcvmov'd alive 5 And with new Sleights fo well exprefs'd engage, That I amaz'd ftare up, and think them on tiie Stage. (a) Contnverf. lib. 3- (/') I" C/iHg. 3. (e) Sfrec. Epift. 39. Suettrt. Calm.. } S- Cla»d. 21 (d) In Fprjidis. S ^ At 2/8 T7;c Glad I ATQR s. Part il. At the appointed Day fcr the Show, in the firft Place the Gladiarors were broughtoutaJ] together, and obliged to take a Circuit round the j^rena in a very fblemn and pompous Manner. Attcr this they procecdcd/(^n^cc/;z/c7i^?'e, to match them by Pairs, in which great Care was ufcd to make the JNIatches equal. Before the Combatants fell to't in earned, they try'd their Skill againft one another with more harmlefs Weapons, ^.s the RtldeSy and the Spears without Heads, the ]>iunted Swords, the Files, and fuch like. This Cicero admira- bly obferves: Si in illo ijjjo gkdiaiorio Vitce certamine^ quo jerro decernitiir^ tamen ante congrejjmnmiiltafiunt^ qiids non iid viiliztis^fed adfpeciem valere -videaAimr -^ qitanto magishoc in Gratione ex^peBcindiim ejl ? If in the mortal Combats of tie Gladiators, --xbere the ViBory is decided by Arms^ before tley aBiially engage^ there are fever al Flotirijhes given^ more Jcr a Shew of Art than a Defgn of hurting 3 ho'jo much more frofer ivculd this look in the Contention of an Orator"^. This f iourifhing before the Fight was call'd in common 'Pre Tragedy and Comedy Part 11. the CJjcrvs's abufe People fo feverely, and with fo bare a Face, that the Magiftrates at laft forbad them to ufe aiiy at ali. ■ Chomfqtie "uurpter obticuir^ [ublato pre mcendt, Eut perhaps, if the Rules of Probability had not likewifc feconUed this Prohibition, the Poets would have preferv'd their Chorus ftill, bating the fatirical Edge of it. Therefore a farther Reafon may be offer 'd for this Alteration. Comedy took its Model and Conftitution from Tragedy j and when the downright Abufing of living Perfons was prohibited, they invented nevV Subiefls, which they govern'd by the Rules of Tragedy 5 but as they were nQcelTitated to paint the Actions of the Vulgar, and confequently confin'd to mean Events, they generally chofe the Place of their Scene in fome Street, before the Houfes of thofe whom they fuppos'd concern'd in the Plot: Now it was not very likely that there fhould be fuch a. Company in thofe Placed, managing an Intrigue of inconfiderable Perfons from Morning till Night. Thus Comedy of itfelf let fall the Chorus^ which it could not pre- ferve with any Probability. The T'lhid^^ or Flutes, are as little underftood as any par- ticular Subject of Antiquity, and yet without the Know- ledge of them we can make nothing of the Titles prefix'd to ^erence''s Comedies. Horace gives us no farther Light into this Matter, than by obferving the Difference between the fmall rural Pipe, and the larger and louder Flute, afterwards brought into Fafhion ; however his Account is not to be pafs'd by : 'J'ibia non m mmc crichako vh'Ja, tubdeqtte JEwiulci 'y fed re7n!is Jimfkxqiie foramine fauco^ j^dffirare ^ adej/e chcris erat utilis^ atqne '}<[ondti?n fpijfa nimh comflere fediliaflani^ ^10 [a?ie ;popilm nmnerahiliSy titpote farvus^ Et frtigi cafmfqne vereciindufque coibat. ^ojlqiiam c(£pit agros extendere vicior^ ^ urbeni jAtior ain-pleBi muniii vinoqtie ditirno ^lacari Gejiius fefiis imfune diebus 5 j^ccejfit mir/ierifqne modifqiie Uceiitia major. Jndobns quid enbn faferet, liberque labomm Hujiicus iirhano co7ifu[tiSj tiir^h honejk ? Book V. of theKou K"^ s. i^ 5 sic prifc'iitf« Flutes denoted the more ferious Matter and Lan- guage of the Comedy ; that the Left-handed, or Scirran) Liv. Ii!>. 25. (r) L'lv. 3. {d) Mj ^pollo^ Latona^ jDiana^ the '■ParcdP, Ceres, Pliito^ and Troferpine^ On the firft Night of the Feall, the Emperor, accompanied by the ^.'indecem- viri, commanded three Altars to be rais'd on the Bank of ^iber^ which they fprinkled with the Blood of three Lambs, and then proceeded to burn the Offerings and the Viftims. After this they mark'd out a Space which ferv'd for a 'The- atre, being illuminated by an innumerable Multitude of Plambeaus and Fires ; here they fung fome certain Hymns compos'd on this Occaiion, and celebrated all Kinds of Sports. On the Day after, when they had been at the Ca- pitol to offer the Vidims, they return 'd to the Campis Mar- tivs, and held Sports to the Honour q{ Apdlo and Diana, Thefe lafted till the next Day, when the noble Matrons, at the Hour appointed by the Oracle, went to the Capito! to ilng Hymns to Jupiter. On the third Day, which conclu- ded the FeaPf, twenty-feven young Boys, and as many Qirls, {ung in the Temple oi'-palatine Jlpollo, Hymns anci Verfcij Book V. of the Ko MANS* 3 o t Verfes in Greek and Latin^ to recommend the City to the Prote£lion of thofe Deities whom they defign'd particularly to honour by their Sacrifices. The famous Secular Poem of Horace was compos'd for this laft Day, in the Secular Games held by Augujtm. tDa- cier has given his Judgment on this Poem, a$ the Mafter- piece of Horace 3 and beheves that all Antiquity cannot fur- nifh us with any thing more happily compleat. There has been much Controverfy, whether thcfe Games were celebrated every hundred, or every hundred and ten Years. For the former Opinion, Ce72[orums {a) alledges the Teflimony of Vakrhis Antiaiy Varro^ and Livy 3 and this was certainly the Space of Time which the Kotnans call'd S^ciihmi^ or an Age. For the latter he produceth the Au- thority of the Regi iters, or Commentaries of the ^ii?!.iecei7i- viri, and the Edith of Angnjim J befides the plain Evidence of Horace in his Secular Poem 3 Cetus tmdenos decks ^er an7tos. Sic. This laft Space is exprefly injoin'd by the SyhilUne Ora- cle itfelf 3 the Verfes of which, relating to this Purpofe, arc tranfcrib'd hy Zofirmts inthefecond Book of his Hiiiory. Zatii, «j iTim iactrnv J^iKec KVKhov oJ^d>uv, &c. Yet according to the ancient Accounts we have of their Celebration in the feveral Ages, neither of thefe Periods are much regarded. The firft were held A. U. C. 245. or 298. The fecond A. 330, or 408. The thirds. 518. The fourth either A. ($"05, or (S'oS, or (J28. The fifth by Mgufius, ^. 7 3(J. The fixth by Clatidms, A. 800. The feventh by 1)o??iitian^ 841. The eighth by Severiis^ A. 9^-], The ninth by Philip ^ 1000. The tenth hy Hof2orins^ A. 11 5 7. This Diforder, without Queftion, was owing to the Ambi- tion of the Emperors, who were extremely defirous to have the Honour of celebrating thefe Games in their Reign 3 and therefore, upon the llightett Pretence, many Times made {a) De Vei Natalj, cap- i?- them 7 01 Tf^^e Sao'cd Games^ &ic. Part II. them return before their ordinary Courfe. Thus CLuiiiui pretended that Jlng7!jlt!S had held the Games before their due Time, that he might have the lealt Excufe to keep them within fixty-tour Years afterwards. On which Ac- count, SuetonhiS tells us, that the People fcofFed his Cryers, when they wentahout proclaiming Games that no Body had ever feen, nor would fee again 5 whereas there were not on- ly many Perfons alive who remember'd the Games of y^?/- gii(tl!S^ but feveral Players, who had aded in thofe GameSj were now again brought on the Stage by Claiidms (a). What Part of the Year the Secular Games were celebrated hi, is uncertain 3 probably in the Times of the Common- wealth, on the Days of the Nativity of the City, /. e. the 5?, 10, ir Ka/. Afai. but under the Emperors, on the Day waien they came to their Power (l^), We may conclude our Enquiry into this celebrated Sub- iefl, with two excellent Remarks of the French Critick. The firf t is, that in the Number Three, fo much regarded in thefe Games, they had probably an Allufion to the Tripli- city of y/'ce^f/i", o^ 'Diana, and of theDeflinies. The other Obfcrvation, which he obliges us with, is, that they thought the Girls which had the Honour to bear a Part in finging the Secular Poem, fhould be the fooneft married. This Superftition they borrow'd from the Theology of the Gr<^cians, who imagined that the Children, who did not fing and dance at the Coming oi j^pollo, fliould never be married, and fliould certainly die young. To this Purpofe Callimn- chui in his Hymn to A^clk : t} 7i\ietv /xiAABcr/ yd[ji.ov, ToKtdv t« x«f«^. And Horace, encouraging the Chorus of Girls to do theif beft in finging the Secular Poem, tells them how proud they would be of it, wiien they were well married. J^upta ja?n dices : Ego diis cimiciim, Seculofeftas referente htces, Reddidi carmen, dccilis modonim Vatis Horatt, W Smcn. CUud. 21; fi) Mr. Walker vfCttn:, p. l58» AH Book V. 17;^ Votive Games ^ Sec, 353 All thofe Games, of what Sort foever, had the common Kame of Votivi^ which were the EfFeft of any Vow made by the Magirtrates or Generals, when they fet forward on any Expedition, to be performed in cafe they returned fuccefsful. Thefe were fomctimes occalion'd by Advice of the Sibylline Oracles, or of the Southfayers 3 and many Times proceeded purely from a Principle of Devotion and Piety in the Gene- rals. Such particularly were the Liidi Mugni^ often menti- oned in Hiftorians,_efpecially by Lroy. Thus he informs ul^ That in the Year of the City 5 36", Fabim Maximus the Dic- tator, to appeafe the Anger ot the Gods, and to obtain Sac- cefs againit the Carthaginian Power, upon the Direction of the Sibyllhie Oracles, vowed the Great Games to Jupiter ^ with a prodigious Sum to be expended at them 5 bcfides three hundred Oxen to be facrificed to Jupiter^ and feveral others to the rei^ of the Deities {a). M. Acilius the Conful did the fame in the War againil: Jlntiochiis {b). And we hive fome Examples ot thefe Games being made ^linqimmial^ or to return every five Years (f). They were celebrated with Circeiifian Sports four Days together {d). To this Head we may refer the Ludi ViBoricC mention'd by Veil. 'Patercului(e\ and Jf- co'riius (f) : They were inflituted by Sylla^ upon his conclu- ding the Civil War. It fecms probable, that there were ma- ny other Games with the fame Title, celebrated on account of fome remarkable Succefs, by feveral of the EmperorSi The Ztidi qui7iqiminaJes^ inltituted by Juguftiis Ceefar af- ter his Victory againft Antony ; which refolving to deliver famous to fucceeding Ages, he built the City Nico^clis, near A5fium^ the Place of Eattle, on Purpofeto hold theie Games 5 whence they are often call'd Ziidi Affiaci. They confifted of Shows of Gladiators, Wreftlers, and other Exercifes, and were kept as well at Ro?ne as at Isiccpolis. The proper Curators of them were the four Colleges of Pricfts, the '^ontijicei^ the Augurs^ the Septemviri and ^tindecemviri. Virgil m Allufion to this Cuftom, when he brings his Hero to the Promontory of Aclium., make him hold fblemn Games, with the Luftrations and Sacrifices us'd on that Oc- cafion by the Koinans. Luftramiirque Jovi, 'votifqiic incendimns arcs 5 A(5liaque Iliacis cekbramiis. Uttora Lndis. JEn. 3. (a) LJv. lib. 2 2. (i) Idem. lib. j6. (0 Lh. lib. 27. & lib. jo. {d) Ibii. (f) Lib. cap. 27. (/") Inyyrrin. j. ifiro^ 504 The Funeral Game's Part IL Jslero^ after the Manner of the G/"^c/^m, infiitutcd ^wV;- qtmimal Games, at which the mofl celebrated Mafters of Mufick, Horfe-racing, WrelHing, c>f: difputed for the Prize The fame Exercifes were perform'd in the ^linqimmial Caxnes oV2)o?mtia7?^ dedicated to jfni^irer Capiii^liims^ ^^oge- ther with the Contentions ot Orators and Poets (^b)^ gt which the famous Statins had once the ill Fortune to lofe the Prize 5 as he complains feveral Times in his MifccDany Poems. Ludi deccnnakSy or Games to return every tenth Year, were inftituted by j^ugufiiis^ with this political Defign, to fecure the whole Command to himfeJf, without incurring the Envy or jealoufy of the People. For every tenth Year proclaiming Iblemn Sports, and fo gathering together a nu- merous Company of Spedtators, he there made Proffer of reiigning his imperial Office to the People, tho' he immedi- ately refum'd iV, as if contlnu'd to him by the common Con- feat of the Nation (c). Hence a Cuflom was deriv'd for the fucceeding Emperors, every tenth Year of their Reign, to keep a magnificent Feaft, with the Celebration of all Sorts of publick Sports and Exercifes f^j. The Lti'dt Tr'mmpkaks were fuch Games as made a Part of the triumphal Solemnity. Lndi Isatalitii, inftituted by every particular Emperor to commemorate his own Birth-day. Ludi 'Juijenaks^ inflituted by Nero at the Shaving of his Beard, and at firft privately celebrated in his Palace or Gar- dens -J but they foon became Publick, and were kept in great State and Magnificence. Hence the Games held by the following Emperors in the Palace, yearly on the firft oi ^a~ ^iuif.ry, took the Name o^ jfuvenalia (e). Cicero fpcaks of the J.iidi Jnventiith^ inftituted by Sali- iiator in the Senerifian War, for the Health and Safety of the Youth, a Plague then reigning in the City (j ). The Ludi MifceUi^ which Suetonius makes Caligula to have inftituted at Lyons in France^ feem to have been a Mifcellany of Sports, confifting of feveral Exercifes join'd tocrcther in a new and unufual Manner (g). The LUDI FUNBSRES, affign'd for one Species of the Romaji Publick Games, as to their Original and {a) Sueton, Ner. 12. (b) Idem Domit. 4. (r) Dio,\\h. JJ. {i) Ibid, (e) Sueton. Ker. il. CafuuLon. ad lac. (f) In Bruto. (^) Sueton, Cat, 20, Torrents *i. Lo:, Manner, Book V. of the Romans. 305^ Manner, have been already defcrib'd in the Chapter of the Gladiators. It may be proper to obferve farther, that 'I'er- tidiian in his particular Traft 'x)e SpiBo.culis^ as he dtr;\es the Cuf lorn of the Gladiatorian Combats from the Funeral Rites J {o he takes notice, that the Word M'unv.s^ applied originally to thefe Shows, is no more than Officiiim^ a kind Office to the Dead. We muft remember, that tho' the Shows of Gladiators, which took their Rife from hence, were afterwards exhibited on many other Occafions, yet the primitive Cuflom ofprefenting them, at the Funerals ot great Men, all along prevail'd in the City and Roman Provinces ; nor was it contin'd only to Perfons of Quality, but almofl every rich Man was honour 'd with this Solemnity after his Death 5 and this they very commonly provided tor in their Wills, defining the Number of Gladiators who /hould be hir'd to engage} infomuch that when any wealthy Perfon deceas'd, the People u fed to claim a Show of Gladiators, as their Due by long Cuflom. Suetomv.i, to this Purpofe tells us of a Funeral, in which the common People extorted Mo- ney by Force from the deceas'd Perfon's Heirs, to be expenh ded on this Account (a). Julius Ccefar brought up a new Cuflom of allowing this Honour to the Women, when he oblig'd the People with a Feafl: and a publick Show in Memory of his Daughter (Ip). It is very memorable, that tho* the Exhibitors of thefe Shows were private Perfons, yet, during the Time of the Celebration, they were confider'd as of the higheft Rank and Quality, having the Honour to wear the Trcetexray and to be waited on by the Liftors and Beadles, who were necef- fary to keep the People in Order, and to affifl the ^eftgna^ tores^ or Marfliallers ofthe Proceflion (c), (a) Suet. Tih. 37. (i) Idim. Jul. 26. (c) Kirchman de Vy.ntr. Reml 'dh. ^, cap. 8. t> U CHAP. ^o6 The Habit of Part IL CHAP. VIII. Of the Roman Habit. nr H E Rom^ji Habit has given as much Trouble to the -'■ Criticks, as any other Part of Antiquity 3 and tho' the moft Jearned Men have been fo kind as to leave us their Thoughts on this Subjetl:, yet the Matter is not fuliy ex- plain'd, and the Coniroverfies about it admitof noDecifion* However, without enquiring into the feveral Falhions of the 'B.oruo.m^ or defining the exa^lif Time when they firit chan- ged their Leathern Jerkins, or primitive Hides of wild JBeails, for the more decent and graceful Attires, it will be fufficient to the prefent Defign, to obferve the feveral Sorts of Garments in Ufe with both ^tyjtSy and to give the beft Diftinction ot them that can be found out at this Diftance. The two common and celebrated Garments of the Roma72S were the loga and the '■Tunica. The Tiga^ or Gown, feems to have been of a femi-circu- lar Form, without Sleeves, different in Largenefs, according to the Wealth or Poverty of the Wearer, and us'd only upon Occafion of appearing in Publick, whence 'tis often cail'd Vejlisforef?Jis {a). The Colour of the GoWn is generally believ'd to have been white. The common Obje£^tions, againft this Opinion, are, how it could then be diftinguifli'd from the "Tcg.i Can- dida^ us'd by Competitors for Offices ? Or how it comes to pafs that we read particularly of their wearing white Gowns on Holidays and publick Feftivals, as in Horace, Jlle refotia^ vatdks^ aliofqiie diemni Fejlos alhatiii cekbret (b). if their ordinary Gown were of the fame Colour? But both thefe Scruples are eafily folv'd j for betwc-n the Ttga alba, and Candida^ we may apprehend this Difference, that the former was the natural Colour of the Wooll, and the other an artificial White, which appear 'd with a greater Advan- (1) terrar. de re Vepal. lib, i. cap, iS: ('0 Lib. 2. Sat. 2. tage A3£^ 2/ J'cL/ucu/.f -I'lU:!- Si tcteJT tutus . lFa//uitus. 2.^ .f. tyfri!KcX.2^-^r/mt?is . ^ ij'iiKaiuj - n,,,, Book V. ^/3e R o M A N s. 3 of tage of Luftrej and therefore Tclybiiis chufetli rather to call the Candidates Gown ^A^.-jrc^-, than /dL^cH) not of a bare White, but of a bright fliining Colour 3 for this Purpofe they made Ufe of a fine Kind of Chalk, whence Terfius took the Hint of Cretata Amhino (a). As to the Holidays, or folemn Feftivals, on which we find the Romans always attir'd in White, 'tis reafonable to believe that all Perfons of any Fa- fliion conflantly put on new Gowns, which were of the pu- reft White, on thefe Occafions, and thofe of meaner Condi- tion might perhaps chalk over their old Gowns, which were now grown rufty, and had almolt loft their Colour {b). ThcDifpute between Mantitms and Sigonms^ whether the 'Koman Gown was tied about with a Girdle or net, is com- monly decided in Favour of il/^«//m/J 5 yet it muft be ac- knowledg'd that the beft Authors allow fome Kind o^ Cinc- ture to the Gown, but then it muft be underftcod to be per- form 'd only by the Help of the Gown itfelf, or by that Part of it which, coming under the Right Arm, was drawn over to the JLeft Shoulder, and fo covering the Umbo^ or Knot of Plaights which refted there, kept the Gown clofe together. This Lap- pet ^I'mtiltan calls the "Belt in his Advice to the Orators about this Matter: Ille qtiijhb himiero dextro ad Jimjlrmn cUiijiie diicitm\ vehit haltevs^ vec ftrangtiler, nee fiuat (c). This Selt being loosM^ and the Left-Arm drawn in, the Gown flovv'd out, and the Simis, or main Lappet, hung about the Wearer's Feet j this was particularly obferv'd in Cct?Kiii d-mfov'j©- to ifmnov, f.nd pulling off his Go-zvn frcm his Head. The feveral Sorts of the Reman Gowns were the Toga^ ^ratexta^ the T'ulla^ the Sordida^'&.nd. the \Pida, Turpic- rea, Talmata^ &c. or the Trabea. <;*) Ibid, (v) De He Veji'tar, lib. i. cxp. 14. (c) Smim ad Virgil, H.n. 7. v. 612 Every Book V. the Romans. 309 Every one knows that the Gown was the diflinguilhing Mark of the Romans from the Greeks, who wore the 'T'aUi- zim, or Cloak, as their common Garment, whence •jTcgami and ^PalUatus are often us'd for Koman and Grecian 3 as al- fo that the Gown was the proper Badge of Peace, being generally laid afide upon engaging in any martial Delignj yet it appears from fcveral Paflages of Livy and 'Pliitarchy that it was fometimes worn in the Camp j it fo, perhaps the Equites and Centurions had this peculiar Privilege, and that only when they lay in the Camp without any Thoughts of fudden Adlion, ds Alanutius learnedly conjectures (,?). The Toga 'irccrexta had a Border of Purple round the Edges, whence it took its ISTame, and in Allufion to which, the Grecia7i Writers call it -afe^ . o;'?ug;^ It feems originally to have been appropriated to the Magiftrates and fome of the Priefts, when at firft introduc'd by T'lillus Hoftilms. How it came to be bellow 'd on the young Men, is differently rela- ted. Some fancy that Tarquinius Prifcus, in a Triumph for a Victory againll the Sabines, firft honour'd his own Son with the Treetexta and the Stdla aiirea, as Rewards of his Valour, for killing one of his Enemies with his own Hands 5 for as the former was the Robe of the Magiltratcs, fo the 'Bulla aiirea was till then us'd only by Generals in their tri- umphal ProcefTion, being a Sort of hollow golden Ball hanging about their Necks, in which was inclos'd fome fe- cret Amulet or Prefervative againfl: Envy. Others, without regarding this firft Story, tells us, that the fame Tarqtiin, among other wife Conttitutions, took particular Care in af- figning the proper Habit to the Boys, and accordingly or- dain'd that the Sons of Noblemen fhould make Ufe of the 'Praetexta and the Sulla aurea^ provided their Fathers had born any curule Office, and that the reft fhould wear the ^r And my white Plaights proclaim'd my Liberty 5 j When with my wild Companions I could rowl From Street to Street, and fin without Controul. [M. Tiryden. But for all this Liberty, they had one remarkable Re- ftraint, being oblig'd for the firil whole Year to keep their Arms within their Gown, as an Argument of Modefly. This Cicero obferves, JVb^/5 qiiidem olim annus erat iiniis ad cohi" hendiim brachiiim toga confiittims (a). The Toga pnlla and jordida are very commonly con- founded, yet, upon a ftrift Enquiry, it will appear that the firft Sort was proper to Perfons in Mourning, being made of black Cloth, whence the Perfons were call'd atrari. The Toga [ordida was black as well as the other, but from a dif- ferent Caufe, having grown fb by the long wearing and ful- lying of it 5 and this (as has been already obferv'd_^ was worn (d) Ciceta pro Cmlio, U 4 bv 312 Tlje Habit of Part IL by the Prifoners at their Trial, as well as by the ordinary People. It may here be remark'd, that the '■Ptillati^ whom we meet with in the ClafTics, were not only thofe who wore the Tcga pilla, or the I'cga [ordida^ but inch too as were attir'd in the 1'e7ml(£ ot Lciceriice^ which were ufually black. Thus the learned Cafatibon interprets ftiUatonim turba in Siietomiii ( at 5 1 4 TI^^ Habit of Part II. ((3), at firfl: were cloth'd only in the Gown. In a Jittl© lime they found the Convenience of a /hort ftrait 'TimiCy that did not cover the Arms 5 like the GrdEcian ^c i^Mf. Afterwards they had Sleeves coining down to the Elbow, but no farther. Hence SticTonius tells us that Ccffar was re- rnarkable in his Habit, becaufe he wore the Lciticiavian '■jT-unic^ clos'd with Gatherings about his Wrilit (b). Rnbeni- •m thinks he might ufe this Piece of Singularity to fhow himrdf defcended from the Trojans^ to whom Ror/iithiS ol> jefts, in Virgil^ as an Argument of their Effeminacy, Et tiinicds mankas^ ^ habent redimicula mitree (c). And R'hs, qr JjCa?2iiis, is ilill to be feen dref&'d after the fame Fafliion in fome old Gems (d). Yet in the Declenfion of the Empire, the Tiinici did not only reach down to the Ankles, whence they arc call'd '\ta~ larei^ but had Sleeves too coming down to the Hands^ which gave them the Name of Cbirodot^ 'f' ^ii?^i7rtf amKoiv<^. The Slave in Habit goes like his Majler j and^ excej^iing only The Scjiaicfs Rcbe^ all other Garments are common to the Servants. And Tliny^ when he fays that the Rings dif- tinguifh'd the Equeftrian Order from the Common People, as their Tunic did the Senate from thofe that wore the Rings, would not probably have omitted the other Diftinc- tion, had it been real. Befides both thefe Authorities, Lampidius^ in x]\e'L\''^coi jllexatider Severus^ confirms the prefent Affertion. He acquaints us that the aforefaid Em- peror had fome Thoughts of affigning a proper Habit to Ser- vants different from that of their Mafters : But his great Lawyers, Ulfian and Taiikis^ difluaded him from the Pro- jeft, as what would infallibly give Occafion to much Qi?^r- relling and DifTenfion j fo that, upon the Whole, he was con- tented only to diflinguifh the Senators from the Knights by their Claviis. But all this Argument will come to nothing, unlefs we can clear the Point about the Ufe of Purple among the Romans^ which the Civilians tell us was ftriftly forbid the Common People under the Emperors. It may therefore be obferv'd, that all the Prohibitions of this Nature were reftrain'd to Ibme particular Species of Purple. Thus 'Julius defar for- bad the Ufe of the Conchylian Garments, or the tfAafyicTsj (b). And Nero afterwards prohibited the ordinary Ufe cf the Amethyftine, or Tyrian Purple (c). Thefe Conjeftures of RubeniJis need no better Confirmation than that they are re- peated and approved by the moft judicious Graevius (^d). According to this Opinion, it is an eafy Matter to reconcile (a) Dacier on Hoymc lib. 2. Sat. 5. {h) Sueton. Jul. cap. 43. (0 I'iem Utrtne.; up. 32. id) Siietcn.Jul. Hi. Otho. 10. Dtmhian. IP. tUC Book V. t/;e R O M A N S. 517 the Conteft between Alanmms and Lipfuis^ and the inferior Criticks of both Parties, about the Colour of the T'limc^ the former afi'erting it to be Purple, and the other White : For 'tis evident, it might be call'd either, if we fuppofe the Ground-Work to have been White, with the Addition of thefe Purple Lifts or Galoons. As to the Perfons who had the Honour of wearing the JLaticlavey it may be maintain'd, that the Sons of thofe Se- nators, who were fatricians^ had the Privilege of ufing this Veft in their Childhood, together with the 'JPr^texta. But the Sons of thofe Sefmtors^ who were not -Patriciatis^ did not put on the Latklave^ 'till they applied themfelves to the Ser- vice of the Common-wealth, and to bearing OflRces {a). Yet Augufius chang'd this Cuftom, and gave the Sons ot any Se- nators Leave to affume the Laticla-ve prefently after theTime of their putting on the T'cga Virilis^ tho' they were not yet capable of Honours {b). And by the particular Favour of the Emperors, the fame Privilege was allow'd to the more fplendid Families of the Knights. Thus Ovid fpeaks of him- felf and Brother, who are known to have been of the Eiue- ftrian Order : Interea^ tac'ito pajfti^ labent'ihiis aimis^ Liberior fratri fitmpta mihiqiie toga 5 Indt'Jtnrque hinnerh aim lato pirpiira clavl, &c. (r). And Statins of Metiiis Celery whom in another Place he terms SpkndidiJJlmits (d), (the proper Stile of the Knights], — — 'Puer hie fit davit in armis Nottis adhtic tantmn ?naicris iniinere clavi (e). Befides the Gown and 1'uniCy we hardly meet with any Garments of the Kcman Original, or that deferve the La- bour of an Enquiry into their Difference. Yet, among thefe, the Lacerna and the 'Pemila occur more frequently than any other. In the old Glofs upon TerfmSy Sat. i. Ver. (J8. they are both call'd pallia ; which Identity of Names might pro- bably arife from the near Refemblance they bore one to the other, and both to the Grcecian 'Pallium. The Lacerna was firft us'd in the Camp, but afterwards admitted into the City, and worn upon their Gowns to defend them from the Wea- ther. The 'Te?mla was fometimes us'd with the fame De- lign, but, being fhorter and fitter for Expedition, it was chiefly worn upon a Journey (/). (a) See Vlmy, Lib. 8. Epift. 2j. (b) Sutton. IAu^. cap. 37, {c) Tripum \. 3. £/«?. 10. {d) Prsfat. ad I. j. Syharum. (e) Sylv. 1. j. ij}. 16. (d) Pro Sextk. Oc« Book V. the Romans. 319 Occafions the Senators laid by the Zdticlave, and appear'd only in the Habit of Knights. The Magiftrates threw aiide the 'Prceicxta, and came abroad in the Senatohan Garb. The Knights left off their Rings, and the Commons chang'd their Gowns for the Sagiim or Military Coat {a). The other Remark is the Obfervation of the great Ca[cAi- hon^ that the Habit of the Ancients, and particularly ot- the RomanSy'in no Refpeft differ'd more from the Modern Drefs, than in that they had nothing anfwering to our Breeches and Stockings, which if we were to exprefs in Lc.t'iv^ we fhould C2i\\ femcralia and tthialia. Yet, inilead of thefe, under their lower Tunics or Waiftcoats, they fometimes bound their Thighs and Legs round with Silken Scarfs or fc<,[ci(S j tho' thefe had now and then the Name di foiminal'm ot jemoraliti and tibialia^ from the Parts to which they were apply'd {by As to the Habit of the other Sex, in the ancient Times of the Common-wealth, the Gown was us'd alike by Men and Women {c). Afterwards the Women took up the Stola and the 'Palla for their feparate Drefs. The Stola was their or- dinary Veft, worn within Doors, coming down to their An- kles : When they went abroad they flung over it the 'Palla or 'Thallium a long open Manteau {d\ which cover'd the Stela and their whole Body. Thus Horace ^ Ad talos fiola demijfa ^ circinndata ^alla (e). And Virgily defcribing the Habit o^ Camilla, 'Pro crinali auro^ fro longds tegmine fallcc^ jT/gridis extiviee fer dorfimz a "jertke fendent (f). They drefs'd their Heads with what they call'd Vitt^e and TafcicC^ Ribbons and thin Saflies ; and the laft Sort they twitt- ed round their whole Body, next to the Skin, to make them flender 3 to which '^I'erence alludes in his Eunuch (g); Rtihemns has found this Difference in the Stclc^^ that tho^e of the ordinary Women were white trimm'd with golden Vnth(h): Hand funilis Virgo efl virginum no fir arum ^ qttaimatresfith tDemifJis him'!eris ejje^ v'raBo feBore^ m gracUesjia7it. (d^nt The former Ovid makes to be the diftijiguilliing Badge of honeft Matrons and chafte Viri^ins. (a) See Verrar. de Ke Vejliar. lib. I. cap. 27. (h) Sueton. ^u^uft. cap. 82. Cafjubon, ad locum. (c) Vid. Terrur. de Re Vcjl. lib. 2. cap. 17. (d) Da- tier on Horace, lib. i. Sat. 2. ver. 99. («) Horace, ibid. (/) i/£n. it, ■Ver. 576, (g) De Laticlav. lib. 1. cap, j6. {'n) .Aii. 2. Seen, 4. 3 20 The Habit of Part If. EJle frccnl v'itr^f,ni de ^mplMt. cap. I9.- Book V. the KoM AN S^ 32! -As for the fevcral Sorts of Coverings defign'd for thefe Ufes, many of them have been long confounded beyond any Poilibility of a Diflindtion 5 and the learned Sali/iafius (a) has obfcrv'd, that the Mitra^ and the ^Ueus^ the OiculluSy the Gaknii^ and the 'J^allickira^ u'cre all Coverings of the Head, very little differing from one another, and promifcu- oufly us'd by Authors 5 however, there are fome of 'em which deferve a more particular Enquiry, The Gakrns, FoJJitis {b) derives from Galea^ the Koman Helmet, to which we muft fupptife it to have born fome Re- femblance. Ssr-viiis^ when he reckons up the feveral Sorts of the Prielfs Caps, makes the Galcrus one of them, being com- pos'd of the Skin of the Bealt offer 'd in Sacrifice : the other two being the j^pcx, a ftitch'd Cap in the Form of a Helmet, with the Addition of a little Stick fix'd on the Top, and wound about with white Wooll, properly belonging to the Flmnines 5 and the 'jTutulus^ a Woollen Turban, much like the former, proper to the High-Prieft. By the Gakrus it's likely he means the albo-Gakrus^ lAade of the Skin of a white Beaft offer'd in Sacrifice, with the Addition of fome Twigs taken from a wild Olive-tree, and belonging only to ^iipiter\ FlarM7i-j yet we find a Sort oi Gakrus in Ufe a- mong the ordinary Men, and the Gakriculum (which fome do call Gakrus) common to both Stxcs ; this was a Skin fo neatly drefs'd with Men or Womens Hair, that it could not eafily be diftinguifli'd from the natural ^ it was particularly us'd by thofe who had thin Heads of Hair, as Suetonius re- ports of iVero (c) 5 as alfo by the Wrefllers, to keep their own Hair from receiving any Damage by the nafty Oils with which they were rubb'd all over before they exercifed. This we learn from Martians Diftich on the Gakriculum. ■ Ne lutet irmmmdum nitidos ceroma capilloSy Hac potcris madidas condere pelk coraas. The ^ikiis was the ordinary Cap or Hat worn at publick Shows and Sacrifices, and by the freed Men ; for a Journey they had the Tetafus^ differing only from the former in that it had broader Brims, and bore a nearer Refemblance to ouc Hats, as appears from the common Pidures oi Mercury 5 and hence it took its Name from '^rijdvi'v^t, to open or fpread out (^d). U) In Vopif. & Grxv. in Sueton. Claud. 2. {b) Cap. 1 2. (e) Vojpui Ei^mlog. in v. PttaCtn. {d) Lipfius de yAmi'bi'.lmt. cap. i^. X The pi The Habit of Part II. The Mitra, the T'iara^ and the 'Diadem, tho' we often meet with them in Komaii Authors, are none of them be- holden to that Nation for their Original. The Mitre feems to owe its Invention to the jTrojajis, being a crooked Cap tied under the Chin with Ribbons j it belong'd only to the Women among the Roi'aans, and is attributed to the foreign Courtefans that fet up their Trade in that City, fuch as the ' p£la kipa harbara mltra in Juvenal ■•, yet among the 'I^rcj.iJis we find it in Ufe among the Men. Thus Remnlm fcouts them in Virgil, Et tunica manicas ^ habmt rcdimicula mitrds : O vere 'Phrygite j ?ieqne enira 'Pbryges (a) ! And even JEneai himfelf is by larbas. dcfcrib'd in this Drefs, M,*c7na mentinn mitra crmcmque mademem Sttbnexui. jEn. 4. xi6. The T'lara was the Cap of State us'd by all the Eaftem Kings and great Men, only with this Difterence, that the Princes wore it with a /harp flrait Top, and the Nobles with the Point a little bending downwards {b). The diadem belong'd to the Kings of Ro7)ie as well as to the foreign Princes 3 this feems to have been ro more than a white Scarf or i'rt/a^ bound about the Head, like chat which compofeth the ^Ttirktp Turban. Thofe, who are willing to find fome nearer Reiemblance between the 'T}iadc7n and our modern Crowns, may be convinc'd of their Miilake from that Paflai?e oi'Pliitarcb, where he tells us of a Princefs that made Ufe of her Diadem to hang herfelf with (c). Thefe white I'afcice among the Remans were always look- ed on as the Marks of Sovereignty j and therefore when *Pcm'pey the Great appear'd commonly abroad with a white Scarf wound about his Leg, upon Pretence of a Eruife or an Ulcer 5 thofe, who were jealous of his growing Power, did not fail to interpret it as an Omen of his affcding the fu- preme Command j and one Favonitis plainly told him, it made little odds on what Part he wore the Tiia-iem^ the In- tention being much the fame (d.). To defcend to the Feet, the feveral Sorrs of the Roman Shoes, Slippers, ^c. which moft frequently occur in Read- ing, are the 'Peroiies, the Calcei litnari, the Miillei, the So- lece and Crepidne Foot: Veftigia nndafiniftri Inft'miere pedis ^ crudtis tegit altera fero. JEn. 7. 690. The Calcei lunati were proper to the Patricians, to diflin- guifh them from the Vulgar, fo call'd from an Half-moon in Ivory worn upon them. Sald'w'm will have the Half-moon to have ferv'd inflead of a Fibula or Buckle (h') ; but Ritbe- nius (c) refutes this Conje6lure, by fhewing from ^hilojlra- fns that it was worn by way of Ornament, not on the Fore- part of the Shoe, like the Buckle, but about the Ancle. ^Iti- tarch^ in h\s Roman Queftions, gives Abundance of Reafons why they us'd the Half-moon rather than any other Figure ; but none of his Fancies have met with any Approbation from the Learned. The common Opinion makes this Cuftom an AUulIon to the Number of Senators at their firft Inftitution, which, being 100, was fignified by the numeral Letter C. Yet the 'patricians^ before they arriv'd at the Senatorian Age, and even before they put on the ^reetexta, had the Privilege of ufing the Half moon on their Shoes. Thus Statins^ Sylv. 5. Sic te dare pucr genitiim fibi curia fe72fit : Trimaqtte Patricia claiijit vejligia luna. U) Dt Laticlav lib. 2. cap. r . {h) De Calcto ^nt'rq, cap. 9'. id De Ldtidav. lib. :. cap. 4. X z A» ;24 Tl^e Halk of P.irt 11. As for the Senators, who were not 'Parriciam, they did not indeed wear the Half-mcon ^ but that Ornament fcems not to have been the only Dift'crcnce between the Senatorian and the common Shoes 5 for the former are commonly re- prefented as black, and coming up to the Middle of the Leg, as in Horace^ JBook r. Sat. 6. Nigris me.imm imfediit cms "Pcllihns. Knhe?2ins will have this underftood only of the four Black Straps, which he fays fallen 'd the Senators Shoes, being ty'd pretty high on the Leg (a). 'Dacier tells us the Senators had two Sorts of Shoes, one for Summer, and the other for Winter 3 the Summer Shoes he defcribes with fuch Leathern Straps croffing one another many Times about the Leg, and nothing but a Sole at the Bottom : Thefe he calls Campagi 5 tho' Rubenius attributes this Name to a Sort oiCalig^e worn by the Senators under the later Emperors (b). The Winter Shoes, he fays, were made of an entire Black Skin, or fome- times of a White one, reaching up to cover the greateft Part of the Leg, without any open Place, except on the Top (c). It is uncertain whether the Cakei AhUlei were fo call'd from the Colour of the Mullet^ or whether they lent a Name to that Fifli from their reddifh Dye j they were at iirft the peculiar Wear of the Alban Kings, afterwards of the Kings QlKome^ and upon the Eftablifhment of the free State, were appropriated to thofe Perfons who had born any Cnrnk Of- fice 5 but perhaps they might be worn only on great Days, at the Celebration ol fome publick Sports, when they were at- tir d in the whole Triumphal Habit, of which too thefe Shoes made a Part. Julius Ccefar^ as he was very Angular in his whole Habit, fo was particularly remarkable for wear- ing the Mullei on ordinary Days, which he did to fliew his Defcent from the Alban Kings (d). In Colour and Fafhion they refcmbled the Cothurin^ coming up to the middle Leg, ^tho' they did not cover the whole Foot, but only the Sole, like Sandals (^), 2)acie}' informs us,, that at fuch Time as the Emperors took up the Ufe of thefe red Shoes, the CuriUe Magiftrates chang'd the Fafliion for embroider'd ones {f). The Roman Sckoe were a Sort of Sandals or Pantofles, without any Upper-Leather, fo that they cover *d only thff (-1) £)e ReKe/Z. lib. 2. cap. 3. {h) Ibid. cap. J. (c) Dacier on Horace, Book I. Sat. 6. {d) £)«. lib. 45. («) Lib. t. eap. 2. (f) Dacier en Horace, Book i . Sat. 6. Sole Book V. ^/;^ R O M A N s. 325 Sole of the Foot, being faften'd above with Straps and Buckles ; thefc were the ordinary Fa/hion of" the Women, and therefore counted fcandalous in the other Sex j thus Cicero expofeth l/'errcs (a), and Clcd'nis (b), for iifing this in- decent Wear j and Lroy acquaints us, that the great Sci;pio ■was cenfur'd on the fame Account {c) , yet upon all Occa- fions of Mirth and Recreation, or lawful Indulgence, 'twas cuffomary for the Men to go thus loofly fliod, as at Enter- tainments, and at the publick Shows of all Sorts in the Cir- co's or Amphithearres. The Cre^ulec^ which now and then occur in Roma7i Au- thors, are general iy fuppos'd to be the fame as the SokcCy under the Gredi Name K.;'HT<«r«?, but 'Baldiv'm is fo nice as to affign this Difference, that the Crepida had two Soles, whereas the .S'i^/e'^^ coiiiiited but of one j therefore he is not willing 10 be beholden to the Greeks tor the Word, but thinks it may be denv'd from the Crepitus^ or Creaking that they made, which could not be fo well conceiv'd in thofe which had but a fingle Leather {dy That the Grecian xj/iT/cTsf, did really make fuch a Kind of Noife, which we can't ea- fdy imagine of the Sclci^^ is plain from the common Story of Momus^ who, being brought to give his Cenfure of Ve^ius^ could find no Fault, only that her K^mrU, or Slipper, creak- ed a little too much. The Caliga was the proper Soldier's Shoe, made in the Sandal Fafhion, fo as not to cover the upper Part of the Foot, tho' it reach'd to the Middle of the Leg j the Sole was of Wood, like our old Galochcs, or the Sabots of the French Peafants, and ffuck full of Nails 5 thcfe Nails were ufually fo very long in the Shoes of the Scouts and Centinels, that Suetonm (e) and Tertv.Uian (f) call thofe Calig^/7 alludes to j^n. 4. I^TdCterea fv.it in teffis de inarjmre temflum Cooijiigis antiqui^ miro quod boner e cole b at y Velkribus niveis ^) fefta fronde reviiiElwa. Being to go into the Houfe, fhe was not by any Means to touch the Threfliold, but was lifted over by main Strength. Either becaufe the ThreHiold was facred to Ve(la^ a mod chafte Goddefs, and fo ought not to be defil'd by one in ihefe Circumftances ; Or (t\{c^ that it might feem a Piece of (<») Vliny, lib. ?. cap. 4?. (i) Rtm. §iixft. 2. (c) VUnj, lib. S. cap. 48. Modefty 550 H;e Marriages of Part II. Modcfiy to be compell'd into a Place where Hie fliould ceafc to be a Vlirgin (^.). Upon her Entrance, fhe had the Keys of the Houfe deli- ver'd to her, and was prefented by the Bridegroom with two VelTels, one of Pire, the other of Water, either as an Em- blem of Purity and Chafiity, or as a Communication of Goods, or as an Earncit ot (ticking by one another in the greateii: Extremities (l'). And now fhe and her Companions were treated by the Bridegroom at a fplcndid Feaft j on which Occafion, the Sumptuary Laws allow'd a little more Liberty than ordinary in the Expences, This Kind of Treat was feldom without Mufick, compos'd commonly of Flutes ; the Company all the while iinging 'Tbc-lajf,iii^ or T'takJJio, as the Greeks did Hymencevs. There are fcveral Reafons given by 'PluTarcb (f), for the Ufe of this Word : The common Opinion makes it an Admonifliment to good Hufwifry 3 the Greek Word TdKcLuia. fignifying Spinnwg-^ and among the Conditions which were agreed upon by the Sabines and Koma7is^ after the Rape of the Virgins, this was one, that the Women fliould be oblig'd to no fervile Office for their Husbands, any farther than what concern 'd Spinning. At the fam.e Time the Bridegroom threw Nuts about the Room for the Boys to fcramble : Thus Virgil^ Eclog. 8. SParge, rdarite^ mices Out of the many Reafons given for this Cuftom, the moft commjonly rcceiv'd makes it a Token of their leaving child- ifti Divertifcmenrs, and entring on a more ferious State of Lire 3 whence Nitcibas re'kctis has pafs'd into ^ Proverb. This Conjeilure is fivour'd by Catullus y 1)a mices pueris^ iners Co'iKubine : Saris dm Zujifii nucibiis. Liihet Jamfervire ^balafjio. Cojicnbine, nuces da. In the mean time the Genial Bed was got ready, and a Set ot good old Wives, that had been never married but to one Man, plac'd the Bride on it wiih a great deal of Ceremony. Thus Catullus^ Vgs bmorcia from 'Bibulm^ to whom flie had " already bc;rn three Children, and making her his own " Wife 5 offering to reftore her after /he had born him a Child, " \{ "Bibulm was not willing to part with her altogether: " Adding, that tho' this, in the Opinion of Men, might feem *' ftrange, yet in Nature it wou'd appear honeii and profita- " ble to the Publick, with much more to the fame Purpofe. *' Cato cou'd not but exprefs his Wonder at the itrange Pro- ** jefl, but withal approv'd very well of uniting their Hou- ** fes : When //orrf/vj??/;, turning the Difcourfe, did not flick " to acknowledge, that it was Cat(j\ own Wife which he re- *' ally defir'd. Cato^ perceiving his earneft Inclinations, did " not deny his Requeft, but faid that '^Philip^ being the Fa- " ther QX Mania ^ ought alio to be confuked. Philip, being *' fent for, came, and finding they were well agreed, gave •* his Daughter Marti a to Hortenfiiis, in the Prefence of " Cato^ who himfelf alfo aflilled at the Marriage." So that this was nothing like lending a Wife out, but actu- ally marrying her to another while her firfl Husband was a- live, to whom fhe may be fuppos'd to have come by that Kind of Matrimony which is founded in the Right of Pof- feflion. And upon the Whole, the Roma.ns feem to have been hitherto unjuftly taxed with the Allowance of a Cu- ftom not ufually pradis'd among the moft barbarous and favage Part of Mankind. CHAP. X. Of the Roman Funerals. TH E moft ancient and generally receiv'd Ways of Burying, have been Interring and Burning, and both thefe we find at the fame Time in Ufe among the Romania borrow'd in all Probability from the Greecians. That the Grdcciani interr'd their dead Bodies may, in fliort, be evinc'd from the Story of the Efhefmn Matron in Tetro7iius, who is defcrib'd fitting and watching her Husband's Body laid in a Vault. And from the Argument which Solon brought to juflify' the Right of the Mcmajis to the Kle ef Sfila?nis^ taken from the dead Bodies Book V. the Romans. j 3 5 Eodicfs which were buried there not after the Mahnerof theii' Competitors the AUg^rei.fiaiiSy but according to the Athenian Fafliionj for the I\kgo:revjiam turnM the Carcafe to the Eafl-, and the Athenian^ to the Weit j and that the Athenian^ had a diftin61: Sepulchre for each Body, whereas the Mega- i'enjiani put two or three into one (a). That the fame People fometimes burnt their Dead is beyond Difpute, from the Teilimony oiTlutarcI.\ who, fpeaking of the Death of'Phc- cic?;, tells us, that for f(;me Time none of the Athenians da- red light a Funeral Pile to bum the Body after their Manner. As alio from the Defcription of the Plague o^ Athens in ^Thtic^Jides^ hm -yrv^i ^6 elf^KoJei-ca, &c. with the Tranflation, of which Paflagc, Lucretius concludes his Poem. "Namque fuos covfavguinecs aliena rcgcrmn Jnfiiper exjlru£fa ingeiiti clamore locabant^ SubdehaAitque faces^ multo cwn [anguijie [eepe Rixajites potius qinim ccrpcra defererentur. To prove that both thefe Ways of Burial were us'd by the Roma?2S^ is aimoft unneceflary ^ for Burning is known by every one to have been their common Praflice. And as for Interring, their great Lawgiver NiiJna particularly forbad the Burning of his own Body, but commandetl it to be laid entire in a Stone Coffin (b). And we learn from Cicero (c), and 'Fli- 7iy {d\ that the Family of the Cornclii interr'd their Dead all along 'till the Time of Sylla the 1)i6iator^ who in his Will gave exprefs Orders to have his Body burnt 5 probably to a- void the Indignities that might have been offer 'd it after Buri- al by the Marian Fa(S}:ion, in Return for the Violence fhew'd by Sylla's Soldiers to the Tomb and Rclicks of Marius. But tho' Burning was the ordinary Cullom, yet in fome particular Cafes it was pofitively forbid, and look'd on as the highett Impiety. Thus Infants who died, before the breeding of Teeth, were enclofed unburnt in the Ground (ej. Terra clauditur infans, Et minor igne rogi. Juvenal. Sat. 15. The Place, fet apart for the Interment of thefe Infants, was caird Suggnindarium. The fame Superflition was obferv'd in Reference to Perfons v;ho had been ftruck dead with Lightning or Thunder (f). For they were never burnt again, but after a great deal of Ceremony perform 'd by the Ai.'Jpices {a) Plutarch, in Solon. (b) Plutarch, in Num. (<0 De Le^. lib. 2. (d) N. H. lib. 7. c. 54. («) Ict^. lib, 7. c. 16. (/) Idem. lib. 2. c. S4# and 356 T^he Funerals of Part IL and the Sacrifice of a Sheep, were either put into the Earthy or fometimes let alone to lie upon the Ground where rhey had fallen. In both Cafes the Place was prefently inclos'd either with a Stone Wall, or Stalvcs, or fometimes only with' a Rope, having the Name oi'Bidentdl from the Sidens or Sheep that was offer 'd. 'Perjius ufeth 'Buieutal for the Per- fon that had come to this unhappy End. All quia mnfibris o'vium Ergennaqiie jtibente ^rijie jaces luciSy evitajidumqiie biimtaL For they fancied that wherever a Thunder-Bolt fell, the Gods had a particular Defire to have the Place facrcd to their Worfhip 5 and therefore, whether the Man had been kill'd of no, they us'd the fame SuperlHtion in hallowing the Ground The feveral Sorts of Funerals fall under the common Heads of Fimns indi6iiviim and Fiimii taciturn. The Fumts indi^ivumhdiA its Name ab indictndo from inviting, becaufe on fuch Occafions there was made a general Invitation of the People by the Mouth of a publick Cryer, This was cele- brated with extraordinary Splendor and Magnificence, the People being prefented with publick Shows, and other com- mon Divertifements. The Funui 'Fitblicimi^ which we meet with fo often, may be fometimes underflood as entirely the fame with the Indi6iive Funeral, and fometimes only as a Species of it. It is the fame when it denotes all the State and Grandeur of the more noble Funerals, fuch as were u- fually kept for rich and great Men. It is only a Species of the Inditiive Funeral, when either it fi^nifies the proclaim- ing of a Vcicatio7i^ and an Injunilion of publick Sorrow, or the defraying the Charges of the Funeral out of the publick Stock. For 'tis probable that at both thefe Solemnities, a general Invitation was made by the Cryer 5 yet in this latter it was done by Order of the Senate, and in the former by the Will of the deceas'd Perfon, or the Pleafurc of his Heirs. Butno one will hence conclude, that the Funerals of all fuch rich Men were attended with the Formality of a Voxatioiiy and an Order for publick Grief. For this was accounted the greatefl: Honour that cou'd be fhow'd to the Relicks of Princes themfelves : Thus the Senate decreed a publick Fu- neral for Syphax^ the once great King of Macedon, who both died in Prifon under the Power of the Romans (b). (*) Dackr on Horace Art. Poet. vir. 471. (i) Vd.Ma!:, Hb. 4. car- '• ^ And P,3 lO. Book V. ^fc R O M A N S. 117 And Sttet072itis informs us, that 7'iberius (a), and Vitellius (l^)y were buried with the fame State 3 yet upon Account of having perform'd any lignal Service to the Common-wealth, this Honour was often conferred on private Men, and fome- times upon Women too, as 2)/o relates o^ Jhtia the Mother of jfukits Ccffar (c) 5 and Xiphilm of Livia {d). Nor was this Cuflom peculiar to the Romans^ {ov Laertins reports of 2)e?}2ccrims, tha.t deceafing, after he had liv'd above a hun- dred Years, he was honour'd with a. fiiblick Funeral. And ^/ujlin tells us, that the Inhabitants of Alarfai/k:, then a Grcccian Colony, upon the News oi' Rofr/e's being taken by the Gati/s, kept a fublick Funeral to teftify their Condolence of the Calamity {e). There feem to have been different Sorts o^ fiibUck Fune- rah in RoffW, according to the Magiiiracies, or other Ho- nours, which the deceas'd Perfons had born. As the 'Fr^eto- riuu?^ the Confiilare, the Cenjbrium^ and the ^trmmfhak. The two lail: were by much the more magnificent, which though formerly diftinguifli'd, yet in the Time of the Em- perors were join'd in one, with the Name of Funiii cen^ornrm only, as F'acinis often ufeth the Phrafe. Nor was the Cevjb- riam Funeral confin'd to private Perfons, but the very Em- perors themfelves were honour'd with the like Solemnity after their Deaths, as ^ac'nm reports oiClaii.im{^j\ and Capitclimis of 'Pertinax. The Fmms 'Taciturn^ oppos'd to the hidiElhe^ or Publick Funeral, was kept in a private Manner without the Solemni- zation of Sports, without Pomp, without a Marfhaller, or a oeneral Invitation. Thus Seneca de T'ranquiL Anim. Morti nattis es : miiim mckftiarum babet j'lmm taciturn. And Ovid, Trifl. I. Eleg. 5. ^mimqm ^fficeres^ hMus gemitiifque fonabanty Fonnaque non tacitifimeris injiar ero.t. This is the fame that CapitoUniis calls Fimiis milgare, when he reports, that Marcus Antonitis was fo extremely kind and mu- nificent, as to allow even vulgar Fuiierah to be kept at the Charge of the Publick. Tropertins cslWs \t pebeium funus. ' Adfmt 'Plebeii farv^ ftmeris exequice. Lib. 2. El. 4. Aufonms : Fu72US commune. q'u gremio in proavi fmms commune hcatum. (4) Cip. 75. (i)Cap. 3. (t) Lib, 47. {d) InTiherio. (c) Lib. 45. ^ Y And 5:^8 The Funerals of Part 11. And StietofikiSy fttmis tranjlathium^ when he informs us that 'Bruannicus was buried after this Manner by IJero {a'). t'o \\it fuent funerals may be rekrr'd the Funera acerha, or ui.timeiy Obfequies of Youths and Children 3 which y«- ^jf^f// {peaks o[, Sat. 11. J<[on fre Funerals of PafC 11, and by Wives to their Husbands, by Parents to their Chil- dren, and by Children to their Parents, ^c. of all which we have a Multiiudeof Inflanees in the Poets. 'P/n^y tells us that as they clos'd the Eyes of the dying Perfons, fo they open'd them too again when the Body was laid again on the lune- j-al Pile; And his Reafon for both Curtoms is, titiieqiieab homine §uj>remiim f^ecJari fas fit, ^ cock non rfendi nefas (a) } bccaufe they counted it equally impious^ that the Eyes ponld be fen by Men at their lafi Motion, cr that they Jhoti'd net be exj-ofed to the View of Heaven. And for the Ceremonies us'd to Perfons after they were dead, they may be divided into three Sorts, fuch as were per- form'd before the Burial, fuch as concern'd the Acl of the Funeral, and fuch as were done after that Solemnity. Before the Burial, we meet with the Cuftoms of wafhing and anointing the Corpfe, not by any Means proper to the Rcinans, but anciently us'd byahnoft all the civiliz'd Parts cf the World, owing their firlt Rife to the Invention of the JPgyptians. Thefe Offices in Rone were either perform 'd by the Women whom they term'd Ftmerce ^ or elfe in richer or nobler Families by the Libitinarii, a Society of Men who got their Livelihood by preparing Things in order to the Solem- nization of Funerals. T hey had their Names from Libitirta the Goddefs, who prefided over Obfequies. Hence the Word Libitum is commonly us'd for Death itfelf 5 or for every Thing in general relating to the Funerals, becaufe in the Temple of that Goddefs, all Neceflaries, proper on fuch Occafions, were expos'd to Sale. 'Phcedrus alludes to this Cullom, fpeakingof a covetous Mifer, Lib. 5. Fab. 77. J^j/i circttmcides omnem in7fenfam Fimeris, Libit ina ne quid de tuofaciat liicnim. But, to return to the Libitinarii, they feem to have been the chief Perfons concern'd in ordering Funerals, undertak- ing the whole Care and Charge of fuch Solemnity at a fet Price 5 and therefore they kept a great Number or Servants to perform the working Part, fuch as the 'RollinBores, the Ve[filk}2es,Si.c. The firft of thefe were employ'd to anoint the dead Body, and the others we may chance to meet with hereafter. In Allufion to this Cuftom of anointing the Corpfe, Martial plays very genteelly on the Marter of an Entertain- ment, where there was much Eflence to be got, but very lit- tie Meat 5 {a) Lib. 1 1 . cap. Ungtiejzttim Book V. ^/;^ R O M A N s. 541 Ungiientiim fateor honum dedijli Convwis^ here^ fed nibiljcidifii. Resjalja efi bene dere I'y efurire. ^11 non catiat ^ zmgitiir, i'abulle^ h vere mihi raomms videmr. When the Body had been wafh'd and anointed, they pro- ceeded to wrap it in a Garment : The ordinary People for this Purpofe made Ufe of the common Gown, and tho' in fome Parts of jtu^y the Inhabitants v/ere fo rude as not to wear the Gown while they liv'd, yet Juvenal informs us that they did not want it at their Death j ^ari magna JtaU'etmus di Julius Cecfar (b)-^ and ^Tucitus oi yliigufiu.s{c). And the very Strangers and Foreigners, that happen'd to be at Ro77i€ at the Death of any worthy Perfon, were very defiro'.'s of fignifying their Refpedl to his Memory, by the Service of carrying the Funeral-Bed, \a hen he was to be buried : As Thitarch tells us in the Funeral of Taiihis JEmilius, that as many Spaniards^ Ligiirians^ and JiJacedo- iiians as happen 'd to be prefent at the Solemnity, that were young and of vigorous Bodies, took up the Bed, and bore it to the Pile. Perfonsof meaner Fortunes, and fometimes great Men too, jf they were hated by the People, were carried to their Burial by the Ve^yiUones or by Sandafiknes^ who liv'd by this Em- ployment, T\\\x&Siietcmin (d) diViA Etitropm (f) relate of the JEmperor 'D'-mit'ian. Therefore in this laft Way of bearing out, we may fuppofe them to have us'd the Sandafila or common Bier, as in the former the I.eWc(e or LeBi^ the Litters or Beds. This Bier is what Horace and L^ican calls c'/V/i Area, Anguflis eje&a cadavera cellis Ccnjerviis vili fonanda kcabat in area. Hor. L. i. S. 8. lia 'Dikm Magno flebeii ftineris arc am ^'(f lacerum corpus ficcos effimdat in ignes. Luc- L. 8. 'Tis worth obferving, that fometimes the Bier or Bed was covcr'd, and fometimes nor. It was expos *d often, if the U) Ylin. lib. 7. cap. 44. Val. Max, lib. 7. {h) Cap. 84. (f) ^Anral. 1. (i) Cap. 17. (e) Lib. 7. Party Book V. the Ko MAN s^ 549 Party had died a natural Death, and was not very much de- torm'd by the Change j and therefore now and then they us'd to paint the lace, efpecialiy ot Women, to make them ap- pear with more Advantage to the Sight. 2)iO tells us in the Life of NerOj that he daub'd the Eody of 2*/VM?/;;/c«i over with a Sort of White- wafh, to hinder the Eiuenefs of th'^ 1 leHi, and fuch other Marks of the Poifon,from being dif- coveredj but a great Rain, falling at the Time of the Pro- cclTion, wafh'd off the Paint, and expos 'd the fatal Tokens to the View of the whole People. But in cafe the Vifage was very much diilorted, or upon fome other Account not fit to be fliown, they threw a Cover- ing over the Eed. Thus ^Parerciilns reports that Scipio ^fri^ cmms was carried forth to the Burial veLiTo co.pte {a). Some- times too when the Face or the Head had been mifcrably bruifed, as if the Fall of a Houfe, or fome fuch Accidenr, had occafion'd the Party's Death, they us'd to enclofe the Head, and Face in a Mafque, to hinder them from appear- ing, and the Funerals in which this was prad:is'd, they term'd larvata funera. But the greateft Part of the ^erfons were thofe that fol- lowed the Corpfe. Thefe in private Funerals were feldoin many befides the Friends and Relations of the Dcceas'd ; and 'twas very ufual in a Will, to beftow Legacies upon fuch and fuch Perfons, upon Condition they fliou'd appear at the Funeral, and accompany the Corpfe. But at the IndiLfhe or Publick Funerals, the whole Cityflock'd together upon the general Invitation and Sumnjons. The MagiOratesand Senators were not wanting at the Proceffion, nor even the Priefls themfelves, as we find in the Funeral o^ Ntima de- fcrib'd by Tliitarcb. To give an Account of the Habit and GeRure of the Mourn- ers, or of the Relations and others that follow'd the Corp(e, is in a great Meafure unnecefTary 5 for the Weeping, the bit- ter Complaints againll the Gods, the letting loofe the Hair, or fometimes cutting it off, the changing the Habit, and the laying afide the ufual Ornaments, are all too well known to need any Explication. Yet there are many Things fingular in thefe Subjedts, which deferve our farther Notice. Thus they did not only tear or cut off their Hair, but had a Cuftom to lay it on the Breafl, or fometimes on the Tomb of the de- €cas'd Friend. Hence Ovid of the Sillers of NarciJ/hs: (,«) Lib. 2. 250 T7;e Funerals of Part IL ..'Pla?2xere forcres Naiades, ^fctfosfratri imj/ofaere capllos. And Statins, Theb. 7. "fergcqm £ff /f <^or£ fttlam Ccf^fariem ferro rainuit, fe^lijque jacemis 01^ nub it 1 672111 a or a comis 'Tis no lefs obfervable, that at the Funerals of their Pa- rents, the Sons went cover'd on their Heads, and the Daugh- ters uncover'd : Perhaps only to recede as far as poffible from their ordinary Habit. Yet 'tis likely that in ordering the Sons to cover their Heads at fuch Solemnities, they had Regard to the common Pradice of always wearing fomething on their Heads when they worfliipp'd the Gods, and efpecially when they were prefent at a Sacrifice. The Original and Grounds of this Superftition are m.o(^ admirably given by Virgil, in the Prophet Hekmis's Infiruftions to ^V^^-^^i ; ^1171 iibi tra77f7}?ijfce ftetefmt trans cequora dajjes, Jii.t fofitis aris, ja7}2 'uota 171 littcre folves, ^tirpireo ^^elare cojnas adofertiis amid:u : Jseqna inter [a72Bos ig7ies in ho7iore deorum Hcjlilis fades occur rat, ^ omijiattirbet. Jiunc [cciL morei7Z [acroniin, Inmc ipfe te7ieto : Hac cafii inameant i7i rdligio7ie ne^ctes. Na\. 5. As to theMoiirning Habits, it has been already obferv'df'^^ that the Senators fomctimes on thefe Occafions went attir'd -like Knights, theMagiftrateslike *S(?7A'rfo?'5, &c. and that the common Wear for Mourning was Black. But we may far- ther remark, that tbo' this was the ordinary Colour to ex- prefs their Grief, us'd alike by both Sexts 5 yet after the Eflablifhment of the Empire, when Abundance of Party- Colours came in Fafhion, the old primitive AVhite grew fo much into Contempt, that at lafl: it became proper to the Women for their Mourning Cloaths. Thus Statins in the Tears o€ Hetri/fcm : Hue "oittata comam niveoqiie ifijigjzis amiEiu Mitibiis exeqtiiis ades. And tho' it may with fome Reafon be thought that the Poet here, direding his Speech to the Goddefs "^iety, gives {a) Book S. Cap. 7, her BookV. tk Romans. 351 her that Habit, rather as a Mark of Purity and Innocence, than as the proper Badgeof Grief in her Sex j yet the Mat- ter of Fact is Itill evident from the Authority o^^Plutarch^ who ftates this as the Subje61: of one of his Problems, and gives feveral Reafons for the Practice. After the "PERSONS follows the PLACE whither the Proceffion was direfted, by which we muil: be guided in our next Enquiry. In all the Funerals of Note, efpecially in the Publick or hididive^ the Ccrpfe was firli brought with a vait Train of Followers into the Eormn. Thus Horace^ Book i. Sat. 6. • j^t hicfiplojlra Aucenta^ Concurrantqiie fcro triajztnera^ 7nc.gna ^Gnahlt Cormia quod mncatque tubas. Here one of the neareft Relations afcended the Roflra, and oblig'd the Audience with an Oration in Praife of the De- ceased. If none of the Kindred undertook the Ofhce, it was difcharg'd by fomeof the moft eminent Perfons in the City for Learning and Eloquence, as Appian reports of the Fune- ral of Sylla (a). And 'Pliny the younger reckons it as the laft Addition to the Happinefs of a very great Man, that he had the Honour to be praifed at his Funeral by the moft eloquent I'acitiis^ then Conful (^) j which is agreeable to ^lin^iilian's Account of this Matter, Nam ^' funehres^ &c. For the Fune- ral Or at i 077 s (fays he) depend 'very often on [ome puhl'ick Of- fice^ and by Order of Senate are many 'Tii'nes given in Charge to the Magi fir at ei to be perform'' d by themfelvQS in Perfcn (c). The Invention of this Cuftom is generally attributed to Vakritis Pcplkola^ foon after the Expulfion of the Regal Fa- mily. Plutarch tells us, that, honouring his Collegue's Obfe- qtnes -jcith a Funeral Oration^ it fo plea fed the Romans, that it became ciiJloj7iary for the bef Alen to celebrate the Funerals of great 'Perfons -zvith Speeches in their Commeridation. Nor was this Honour proper to one Sex alone, for Idvy re- ports, that the Matrons^ upon Account of makhzg a Cclk^ion of Geld for the ^Deliverance of B^omt prom the Gauls, i^ere al- hiv'd as afignal Favour to have Funeral Panegyncks in the fame Manner as the Men. Plutarch^ Relation of this Matter differs from Livy only in the Reafons of the Cuftom : " He *' acquaints us that when it was agreed after the Taking of " Veii^ that a Bowl of MafTy Gold fhou'd be made and fent {a) 'E^pj/\. lib, », (i) Lib. 2. Epift. i. fc) Inpm. lib. 3. cap. 9. " to 3)2 The Funerals of Part 11. " to Delphi^ there was fo great a Scarcity of Gold, and the " Magiitrates fo puzzled in confidering how to get it, that the " iic/AYT/i' Ladies meeting together, and confulting among " themfelves, out ot the golden Ornaments that they wore, *' contributed as much as went to the making the Offering, " which in Weight came to eight Talents of Gold. TheSe- " natc, to give them the Honour they had deferv'd, ordain- " cd that luneral Orations fliou'd be us'd at the Obfequies " of Women as well as of Men, which had never been a *' CulLnni before". But it feems probalile, that this Honour was at fii'rt only paid to aged Matrons 5 fince we learn from the fame excellent Author, that there was no Precedent of any Funeral Oration on a younger Woman, till Jiil'nn defar £d\: made one upon the Death of his own Wife. dceyo (n) and Zivy {b) complain very much of this Cuflom of Funeral Speeches, as if they had conduc'd in a great Mea- fure to the Corruption and Falfifying of Hiflory, For it be- ing ordinary on thofe Occafions to be diredled more by the Precepts ot Oratory, than by the true Matter of Faft, it u- fually happened, that the deceas'd Party was extoU'd on the Account of feveral noble Atchievements, to which he had no jult Pretenfions: And efpecially when they came to en- quire into their Stock and Original, as was cuflomary at thefe Solemnities, they feldom fail'd to clap in three or four of the moll renov,/n'd Perfons of the Commonwealth, to il- lurtrate the Family of the Deceas'd 5 and fo by Degrees well nigh ruin'd all proper Dillinftions of Houfes and Blood. The next Place, to which the Corpfe v/as carried, was the Place of Burning and Burial. It has been a Cuflom amongft jTioIt Nations to appoint this without the City, particularly among the jfe-yM and Greeks 5 from whom it may be fuppos'd to have been deriv'd down to the Romans. That the jeivs buried without the City, is evident from feveral Places of the Ne-zv ^efiament. Thus the Sepulchre, in which jfofepb laid our Saviour's Body, was in the fame 'Tlace in "which he ^jcas crucified (c\ which was neai^ to the City (d). And we read in St. j\Iatthe\i\ that at our Lord's Paffion the Graves ivere opened ^ and many "Be dies cf the Saints ivhich Jlept a- rofe, and came out cf the Graves after his RefiirreEfion^ and ijce7it into the Holy City^ and afpeafd unto many (e). As to the Gr<£cia?2Sy Serviiis in an E pi file to 'T'uUy (f)y giving an Account of the unhappy Death of his Collegue {a) In Brtito. (/-) Lib. 8. (r) John ix. 41. (d) John xix. 20. (f) MatthcTV xxvli. 5 2, 5 J. if) F.imil. lib. 4, Epift. 12. z Mar- Book V. the KouANS^ 3 5 J MarcellnSy which fell out in Greece^ tells him, that he cou'd not by any Means obtain Leave of the Athenians xo allow him a Buiying-Place within the City, they urging a religi- ous Rertraint in that Point, and the Want of Precedents tor fuch a Practice. The Romans follow'd the fame Cufiom from the very firll: Building of the City, which was afterwards fettled in a Law by the ^JJecemviri^ and often reviv'd and confirm'd by feveral latter Conftitutions. The Reafon of this ancient Pradice may be refolv'd into a facred and a civil Conflderation. As to the former, the Ronans^ and moft other People, had a Notion, that whatever had been confecrated to the fupernal Gods, was prefently defiled upon the Touch of a Corpfe, or even by bringing fuch a Spedlacle near it. Thus Jlgellius tells us, that the Flameti 1)ialis might not on any Account enter into a Place where there was a Grave ; or fo much as touch a dead Body {a). And if the Tontifex Maximiis hap- pened to praife any one publickly at a Funeral, he had a Veil always laid over the Corpfe to keep it from his Sight; as !Z)io reports of Jlugiifius {b\ and Seneca of "Tibemis (c), 'Tis likely that this might be borrow'd from the ye-ixtp I^aw, by which the High-Prieft was forbid to ufe the ordi- nary Signs of Mourning, or to go in to any dead 'Body {d). The civil Conflderation feems to have been, that neither the Air might be corrupted by the Stench of putrified Bo- dies, nor the Buildings endanger'd by the Frequency of Fu- neral Fires. The Places then, appointed for Burial without the City, were either private or publick ; the private Places were the Fields or Gardens belonging to particular Families. Hence Martial took the Jeft in one of his Epigrams, on a Gentle- man that had buried feven Wives : Sepiraa ]am^ 'Phikros^ tibi cmditzir tixor in agro, ^liis mdli^ ^hileroSj quam tibi reddit ager. If it was poffible, they always buried in that Part of the Field or Garden which lay ncareft to the common Road, both to put PafTengers in mind of Mortality, and to fave th» beft Part of their Land. Thus Juvenal^ Sat. i. Exj^eriar quid co?2cedatur in illos Riorum Flajninia tegitiir cinis atq; Zatina. {a) Lib. lo. cap. ij. (i) Lib. j*. {c) Stnftlat, ai Mfr. «p. IJ* Z And 3 54 '^^^ Funerals of Part II. And we have fcarce any Relation of a Burying in Authors, but they tell us the Urn was laid near fuch a Pf'ay. ^roper- this is very earncft in deliring that he may not be buried af- ter this ordinary Cuftom, near a celebrated Road, for fear it fliou'd difturb his Shade : ^ii fad ant mea ne ten' a kcet cjfa freqiienti J^iafacit ajjldiio tramite vtilgm iter. tPo/? mortem tumuli fic injama7itiir amantiim 5 Me tegat arhorea devia term co?na. Atit hiimet igmtds aimiihn vallatiis are72de ; ]<[cn pivat in media nomen habere via. Lib, 5. Eleg. 15. The Publick Burying Places were of two Sorts 5 thofe which were allotted to the Poor, and thofc which were put to this Ufe only at the Funerals of great Perfons. The for- mer were the ^]?iitieiil(g^ or TtitiaUi^ without the Efqi'.ilian Gate 5 theycontain'd a great Quantity of Ground, and were put to no other Ufe, than the burying of the Bones and Aflies of Perfons of the loweft Rank, who had no private Place of their own to lay the Corpfe in. But becaufe the vaft Kumber of Bones depolited here, infefting the Air, render'd the neighbouring Parts of the City unhealthy, Aii- gtijins gave away a great many Acres of this Common Field to his Favourite Jilcecems, who turn'd it into fine Gardens. This Horace tells us at large, Book i. Sat. 8. Hue frius angtijlis eje^a cadavera cellis Coufervus 'vili portanda locahat in arca^ Hie 7/2i[erfoni/-a chfecs^ ^ no7i felicia tela. When the Pile was burnt down, they put out the Remains of the Fire, by fprinkling Wine, that they might the more eafily gather up the Bones and Afhes. ^cfiqiiajn ccllafji cineres^ acflamma qtiievit, Kelkqiiias vim l3 hibitlam lavere favillam. Virg. ^En. 6. This gathering up the Eones and Afhes, and putting them into the Urn, was the next Office paid to the Deceas'd, which they term'd qfJUegitrra. The whole Cuftom is moil fully and elegantly defcrib'd by T'ihullm in his Third Book, Eleg. 2. Brgo tihi cum tenem^ &c. How the Aflies and Bones of the Man came to be difiin- guifled from thofe of the Beafts, and Wood, and other Ma- teria, is, is not eafy to be conceiv'd, unlefs we fuppofe the Difcerence to have arofe from the artificial placing ot the Corpfe on the Pile, fo that every Thing elfe fhould fall away on each Side, and leave the Humane Relicks in a Heap by themfclves. Nothing now remain'd but to put the Urn into the Sepul- chre, and fo fprinkle the Company with Holy Water, and difmifs them. Virg. JEn. 6. OJJaq-j k6ia cava texit Chorinsus aJseiio^ Idem ter focios p*ra circunitulit tinda^ Spar. Book V. the Roma n s.^ j 59 Spargem rore levi^ t3 rmnofelich oliveey Ltifiravitq-, viros^ dixitq-, mvifftma verba. Thefe novijjima verba were either direded to the Decea- fed, or to the Company. The Form of Speech, with which they took Leave of the Deceas'd was, l^^ale^ vale^ vale, nos te crdiiie, quo namra permijerit^ czmElifequemur. The Form » with which the Trccfica difmifs'd the People, was ILICET, 1. e. ire licet. As they went away, they had a Cuftom of wifhing for light Earth, to lay on the Relicks, which they reckon 'd a great Happinefs. Hence 'tis an ufual Infcription on ancient Funeral Monuments S. I'.'T. L. or Sit tibi terra levis. To enquire into the Original of Sepulchres, their feveral Kinds and Forms, the Variety of Ornaments, the Difference of Infcriptions, and the many Ways of violating the Tombs of the Dead, wou'd be too nice a Difquifition for the prefent Defign. Yet we muft not pafs by the Cenctapbia or Monu- ments ereftcd on a very fingular Account, either to Perfons buried in another Place, or to thofe who had receiv'd no Burial, and whofe Relicks cou'd not be found. Thus Suetcniiis tells us that the Soldiers in Germany rai- fed an honorary Tombs to the Memory oi'Drtffics, tho'his Body had been carried to Rome, and depofited in the Cara- pm Martins (a): And we often find the Generals raifing Tombs to the Honour of thofe Soldiers whofe Bodies cou'd not be found after a Fight. Thefe TiimiiU inanes or honor a- rii, when erefted to the Memory of particular Perfons, were ufually kept as facred as the true Monuments, and had the fame Ceremonies perform 'd at them. Thus Virgil defcribes Andromache keeping the Anniverfary of He^ofs Death. ^n. 3. Solemnes tiira forte dapes, ^ trip a dona Zibabat cineri Andromache, mani[q-j vocabat HeBoretim ad tumidwn, viridi qiiem cefpite inanera, Et geminas, caiifam lachrymis, facraverat aras. And JEneas tells T)eiphobiis, that he has paid him fuch an Honour. Tunc egmnet tiimiihm Rheeteo in litore inanem Cmftitiii, ££? magna manes ter voce vocavi : Nomen ^ arma loam fervant. jEneid. 6. (j) Suetoft. Claud, cap. i. Z 4 AFTER 360 The Funerals of Pare II. AFTER the FUNERJL, we are to take Notice of tlie feveral Rites perform 'd in Honour of the Dead, at the Feftivals inftituted with that Defign. The chief Time of paying thefe Offices was the Feralia^ or the Peaft of the G hells in the Month o^ February ^ but 'twas ordinary for particular Families to have proper Seafons of difcharging this Duty, as the Jsoveiinc.l'ia^ the "Decemialia^ and the like. The Ceremonies themfelves may be reduc'd to thefe three Heads, Sacrifices, Feafts, and Games; to which if we fub- ioin the Cuttoms of Mourning, and of the Confecration, we ftal] take in all that remains on this Subjefl". The Sacrifices (which they call'd Jnferir;ptireos jecit ficres^ a^, taliafatur. And again, ^n. 6. Tu Marcelhii eris. Mamhzis date Uliafkms: ^nr;lmrecs fpargara flcres 'j a?iimamq-^nepcfn "His [ahem accurazikm dj7iis^ ^fungar iuani Mtinere, • - ■ > Tke Book V. ^fe Romans. 3^1 The Feads, celebrated to the Honour of the Deceas'd were either private or publick. The private Feafts were term'd Silicemia^ from Siltx and C(zna^ as if we fliould fay Sul>fen made on a Stone. Thefe were prepar'd both for the Dead and the Living. The Repaft deiign'd for the Dead, confifHng commonly of Beans, Lettices, Bread, and Eggs* or the like, was laid on the Tomb for the Ghofls to come out and eat, as they fancied they wou'd 5 and what was left they burnt on the Stone. Travellers tell us that the hidiam at prefent have a fuperttitious Cuftom much of this Nature putting a Piece oi: Meat always in the Grave with the dead Body, when they bury in the Plantations. 'Twas from this Cufiom, that, to cxprefs the moft mifera- ble Poverty of Creatures almofl: ftarv'd, they us'd to fay. Slick ^?« one got his Visuals from the "Tombs. Thus Catullus: Uxor Meneni ftepe quam in [eptikhretis Vidifiis ipfo rapere rogo cosnam^ ^lum demliitiim ex igne fro[eqiiens ^anem jifemirafo timderetttr tijiore. And 7'ibtilhis's Curfe is much to the fame Purpofe : Jpfa fame fiimnlante fiirens efcafq-j fepitkhro ^leeraty ^ af^evis ojfa reli6ia litpis. The private Feafts /cr the Living were kept at the Tomb of the Deccas'd, by the neareft Friends and Relations only. The Publick Feafts were when the Heirs or Friends of fome rich or great Pcrfon oblig'd the People with a general Treat to his Honour and Memory 5 as Cicero reports of the Funeral of Scipio Jlfricaniis(a)^ and Tiio of that oiSylla (b). And Suetonitis (c) relates that jiiliiis Ceffar gave the People a Feaft in Memory of his Daughter. There was a Cuftom on thefe Occafions to diftribute a Parcel of raw Meat among the poor People, which they term'd vifceratio 5 tho' this was fometimes given without the Publick Feafts. The Funeral Games have already been difpatch'd among the other Shows. As to the Cuftom of Mourning, befides what has been before obferv'd by the bye, we may farther take Notice of the Time sappointed for that Ceremony, and fome of the moft remark^ (c) !n Qxat.pro Murxna, (i) Lib. 37, (0 Czp. 23. able 5^2 Tl^e Fmierals of Part IL able Ways of exj)rcffing it. " Nwna (as Tlufarch tells us in *' his Life) prelcrib'd Rules for regulating the Days of " Mourning, according to certain Times ana Ages. As for " Example, a Child of three Years, and fo upwards to ten, *' was to be mourn'd for fo many Months as he was Years *' old. And the longeft Time of Mourning, for any Perfon *' whatfoever, was not to exceed the Term often Months: " which alfo was the Time appointed unto Widows to la- *' ment the Lofs of their deceas'd Husbands, before which " they cou'd not, without great Indecency, pafs unto fecond " Marriage : But in cafe their Incontinence was fuch as *' cou'd not admit fo long an Abftinence from the nuptial " Bed, they were to facrificc a Cow with a Calf, for Expi- " ation of their Fault. Now Ro772nlus's Year coniifling but of ten Months, when Nuina afterwards added two Months more, he did not ^. ^ ^.^ o, upon eminent Perfon, we mull: take it only for the old Year of Jloimdiis, or the Space of ten Months. There were feveral Accidents which often occafion'd the concluding of a publick or private Mourning before the fix'd Time, fuch as the Dedication of a Temple, the Solemnity of publick Games or Feflivals, the folemn Lustration perform'd by the Ce;;fo'/% and the difcharging any A^ow made by a Ma- giflrate or General j which, being Times of publick Re- joicing, wou'd have otherwife imply'd a Contradiftion. As to the Tokens of private Grief, they had none but what are common to moll: Nations, as the keeping their Houfe for fuch a Time, the avoiding all Manner of Recreations and Entertainments, and the like. But in publick Mourning, 'twas a fingular Cuftom to exprefs their Concern by making the Term and all Bufinefs immediately to end, and fettling a Vacation till fuch a Period, of which we have frequent Inftances. The laft Ceremony, defign'd to be fpoken of, was Confe- cration. This belong'd properly to the Emperors, yet we meet too with a private Confecration, which we may ob- ferve in ourWay. This was, when the Friends and Relations of the Deceas'd canoniz'd him, and paid him Worfliip in pri- . vate ; a Piece of Refpe61: commonly paid to Parents by their Children, as Tltitnrc/j ohi'erves in his Rojuan Ql'-ef^ions. Yet the Parents too fometimes conferr'd the fame Honour on their Book V. ^/;^ Romans. 363 their deceas'd Children, as Cicero promifeth to do for his Daughier Tri/^ia, in the End of his ConfoJation 3 and tho* that Piece be fufpeded, c\s we now have it j ) et the prefent Authority Jofes nothing cf its Force, being cited heretofore by J.a6l'dfui:iSy according to the Coj'ies extant in his Time. I'he pubiick Confecration had its Original from the Deifi- cation o{ KcniUkiSy bui was afterwards difcontinu'd till the Time of the Emperors, on moit of whom this Honour was conferr'd. The whole Ceremony is mofl accurately defcri- bed by Hercdiaji^ in his fourth Eoojc, the Tranflation of which Place may conclude ihis Subject. " The Remans, (fays he) have a Cullom to confecrate " thofe Emperors who leave either Sons or deiign'd Succef- *' fors at their Death 5 and thofe who received this Honour " are faid to be enroU'd among the Gods. On this Occafion " the whole City maintains a pubiick Grief, mix'd as it were " with the Solemnity of a Feftival. The true Body is buried " in a very fumptuous Funeral, according to the ordinary •*' Method. But they contrive to have an Image of the Em- " peror in Wax done to the Life 5 and this they cxpofe to *' pubiick View, juit at the Entrance of the Palace Gate, on *' a ftately Bed of Ivory cover'd with rich Garments of em- *' broider'd Work and Cloath of Gold. So the Image lies " there all pale, as if under a dangerous Indifpofition. Round " the Bed there fit the greateft Part of the Day, on the Left " Side, the whole Senate in Black 3 on the Right, the aged " Matrons, who, either upon Account of their Parents or " Husbands, are reputed noble 5 they wear no Jewels or *' Gold, or other ufual Ornaments, but are attir'd in clofe " white Veils, to exprefs their Sorrow and Concern. Thijs *' Ceremony continues feven Days together j the Phyficians *' being admitted every Day to the Bed, and declaring the *' Patient to grow all along worfe and worfe. At laft when " they fuppofe him to be dead, a felefl: Company of young " Gentlemen of the Senatorian Order take up the Bed on " their Shoulders, and carry it thro' the Holy IVay into the " old Forura, the Place where the Roman Magiftrates us'd " to Jay down their Offices. On both Sides there are rais'd " Galleries with Seats one above another, one Side being " fiU'd with a Choir of Boys all nobly defcended, and of " the moft eminent Tatriciaji Families; the other with a " like Set of Ladies of Quality, who both together fing V- Hymns and Pseans compos'd in very mournful and paffio- nate 364 T7;e Funerals y 3cc, Part IT. ** nate Airs, to the Praife of the Deceas'd. When thefe are " over, they take up the Bed again, and carry it into the ♦' CcMiv.i Alanhis-y where, in the widcft Part of the Field, « is erf ded a four-fquare Pile, entirely compos 'd of large '• Planks, in Shape of a Pavilion, and exaftly regular and *' equal in the Dimeniions. This in the Infide is fill'd up ** v/ith dry Chips, but without is adorn 'd with Coverlids of " Cloth ot Gold, and beautified with Picliures and curious ** Figures in Ivory. Above this is plac'd another Frame of *' Wood, much lefs indeed, but fet off with Ornaments of *' the flime Nature, and having little Doors or Gates ftand- *' ing about ir. Over this are fet a third and fourth Pile, *' e\ery one being confidcrably lefs than that on which it *' {iar-ds ', and fo others perhaps, till they come to the laft *' ot iLil, which forms the Top. The Figure of this Struc- " turf, altogether, may becompar'd tothofe Watch-Towers, " which are to be feen in Harbours of Note, and by the Fire " on their Top dired the Courfe of the Ships into the Ha- " yen. After this, hoifting up the Body into the fecond *' Frame cf Building, they get together a vaft Quantity of " ail Manner of fweet Odours and Perfumes, whether of *' Fruits, Herbs, or Gums, and pour them in Heaps all a- *' bout it : There being no Nation, or City, or indeed any *' eminent Men, who do not rival one another in paying thefe " laft Prefects to their Prince. When the Place is quit'e fiU'd " v/ith a huge Pile of Spices and Drugs, the whole Order of *' Kn'ghts ride in a folemn Proceffion round the Strufture, *' and imitate the Motions of the Tyrrhic Dance. Chariots " too, in a very regular and decent Manner, are drove round " the Pile, having the Coachmen cloath'd in Purple, and *' bearing the Images of all the illuftrious Romam, renown'd *' either for their Counfels and Adminiftration at Home, or " their mem,orable Atchievements in War. This Pomp be- " ing finifh'd, the Succeflcr to the Empire, taking a Torch " in his Fland, puts it to the Frame, and at the fame Time *' the whole Company affirt in lighting it in feveral Places 5 " when on a fudden, the Chips and Drugs catching Fire, the " whole Pile is quickly confum'd. At laft from the higheft ?' and fmalleft Frame of Wood, an Eagle is let loofe, which, ■' afcending with the Flames towards the Sky, is fuppos'd t' to carry the Prince's Soul to Heaven." CHAR Book V. The Entcf'tainmentSy Sec. -^6^ CHAP. XL Of the Roman Entertainmejits, 'T' H E peculiar Cuftoms of the Rommis^ in reference to "■■ Eating and Drinking, will eafily fall under the three Heads, of the Time, the Place, and the Manner of their Entertainments. As to the firfl-, the Komain had no proper Repaft befldes Supper, for which the ordinary Time was about their ninth Hour, or our Three-a-clock. Thus Mar- tial reckoning up the Bufinefs of every Hour, Im^erat exfiniBcs frangere nona tores. But the more frugal made this Meal a little before Sun-fct, in the Declenfion of the Day : To which ^/rg/7 might poffi- bly allude, tho' fpcaking of the Cuftoms of C^rf^^^6', and of its Queen, when he fays, Nii72C eadem lahente die ccnvivia qiiderit^ JEx\. 4. On the other Side, the Voluptuous and Extravagant com- monly began their Featts before the ordinary Hour. Thus HcracCy Book i. Od. i. Nee partem folidoderaere dcdie Spernit, And Juvenal^ Sat. 10. Exiil ah oEiava Mariits hibit. Thofe, that cou'd not hold out till Supper, us'd to break their Fait in feme other Part of the Day, fbme at the fecond Hour, fome at the fourth, anfwering to our ei^ht and ten j fome at the fixth, or about Noon 5 others at the eighth, or our two, as their Stomachs requir'd, or their Employments gave them Leave. At this Time they feldom eat any Thing but a Bit ot Dry-bread, or perhaps a ^cw Raifins or Nuts, or a little Honey.Prom the difterent Hours of taking this Break- faft, 'tis likely that the jentaculum^ prandmm^ mere7ida^ &c. had their Original, being really the fame Repaft made by fcveral Perfons at ieveral Times (a). The (4) Cacier on Horace, Book i . Od. i . 7^66 7l?e Entertainments of Part II. The ^LACEy in which the Ro?/ians eat, was anciently call'd Cdnaculiim. Seiicca^ Suetonius, and others, ftiie it Ca- natio. But the moH: common Appellation, which they bor- row'd from the Grcecians, was ^friclinnmi. Serviiis on the firft of the JEneidi^ at that Verfc, Aiirea comj^ofuit [pcnda medminq-, Iccavit^ takes an Occafion to reprehend thofe Grammarians who will have 'TrKlinium to fignify a Room to fup in, and not barely a Table. Yet (to omit a tedious Number of Citations from other Authors) 'Tully himfelf ufeth the Word in that Senfe : For in one of his Epiftles he tells Attiais {a\ that, when C(£- far came to '■philifpi, the Town was fo full of Soldiers as to Jeave Cofiqnam f>rima qtties epulis^ jnejifccque remotde. But fome will underftand by menfcC in that Place, rather the Diflies than the Tables, becaafe it follows prefently after, fDixit) ^ in menfa Uticum libavit honorem, unlefs we fuppofe that as foon as the Table of Victuals was rc- mov'd, another was fet in its Place with nothing but Drink. They wanted no Manner of Divcrfion while they were eating, having ordinarily Mufick and antique Dances, and in ancient Times Combats of Gladiators. (Pkitarcb tells us that Julius defar^ once in a Treat which he made for the People, had no lefs than azooo 'Triclinia^ -which ia enough to give an Idea of their publick Entertain- laents* Aa CHAP* I/O T7;c Karnes of Part U, SSL-i^^i^i T CHAP. XII. Of the Roman Names. HE Koman Names, which many Times grievoufly puz- zle ordinary Readers, may be divided into four Sorts, the Names ot the J;?gem!i^ or free-born, the Names of the freed Men ai-d Slaves, the Names of the Women, and the Names of adopted Perfons. The Ingenui had three feveral Names, the '^Ydinomm^ the Nome?2, &nd the Cog7/o//:ef?. Hence Juvenal^ Sat. 5. - - ■ Si quid tentaveris tinqiiam Hifcerey tanquara babeas trin nomina The 'P cC7W772cn anfuers to our Chrifiidii Name, but was not imposed till the afluming the Manly Goitm, The Names of this Sort molt iii Ufe, together with the initial Letters which ordinarily uand for them in Writing, are as follows : A. ^.'/'.'i, C. Cams. D. 2j£cius, K. Cajo, L. Lncms, M. Mavins 2ind Mcvrcm, 'S. Numenus^ V.Tubliiis^ Q^^tiitc- ttis^ T. 'fittis. A P. y^f}'ws,CS. Cnei'.s, SP. Spnrim, Tl. Tiberius, MAM. Mamerciis, SEK. Servii/s, SEX. Sextus. The Nothcu immediately follow'd the 'Proife iii Authors, is the Sef.erntis, fo cali'd qi!^fi Seyjtntertiiii, becaufe it contaiu'd two JJja and a half, beiij" hr.lfthe f^'i&cri^rvs, and aiourth Part of the':l'fVc!ni!S. 'Tis^often cali'd abfolutely N?///.-;//?^^, becaufe it WcS in nioit frecuentUfe, as alfp Seprtiiis Isttmmvs-^ it was worth of ou/ Money 1 -i. cb. qti. q. The Obelus was the fixth Part of the Denarius^ equal to the Jttick hQ^x-^'^ as much as i d. qn. with us. The iJbella was the tenth Part of the '^Jjena- riuSt and equal in Value to the Js ; fo cali'd as a little Pound, beii:? fuppos'd equal to a Pound of Erafs, wcrth oi^"our Mo- r.ey 'cb. qn. The Sembeda^ as if written Semi-libella, was half this. And hpy.) the TemrKh'.s was the fortieth Part of a ^enarmi^ fo nam'd, becaufe it was worth three dunces of Brafs, b. ing inconfiderablc in Value, and next to nothing. To come at lafi to the Golden Coins 5 thofe mort remark- able were the^//m 'Lenarii^ fo term'd, either becaufe they had the fame Stamp as the Silver T'enaru^ or becaufe in Eignefs they much rclembled them. The old Aureus, ftamp- ed, duriniT the Commonwealth, weighing two Silver 2)f«^- r'ii-^ worth of our Money 1 7 5. i d. cb. q;'a. The new Aureus^ {lamp d about the Beginning of the Empire, was lighter than tl:e former by one feventb Part, weighing two 2?rf-f* 321 AphraHum 243 App art t tret 122 AP PIUS Claudiuf ^,66 APPIUS the Decemvir 1 1 o rf^^fK* dr- /^»// inter diBio 1 14 AquaduSff INDEX. ^iqmlA (Standard of a Legion) /iquila ^yaejfe ibid ^'^^/tf (made a Province) 2.1 jir biter bibendi 249 j4rbiiri 155 Aichcs 52 yirea of the Amphitheatre 44 Arena ibid, y^/a (the battering Ram^ 238 Armatura 2 1 5 Armenia (made a Province ,i 2i jirrniiU 2Z i v^ morint conci'JJio 209 Arms ot'the R(?//j'f prima ibid. COLLATINUS 5 Co/Z/V Diat-a 35 Hortulorum 3'^ Pincius rbid- '—^^irinalit 31 Colhcaiit INDEX. GoUocatto Colonies Cilumna bellic* Columna rcjirata Columns or Pillars CotMl'tl'ii r Calata " Centjtyiata. ' Cur tat a, Trihuta. Camiti'um COMMQDV S Commons Companies of Charioteers 255 vid Fa[ii0 ' the Golden the Purpl^ "^ — the Silver Ccnclamatio Co7tcuJJio armorum Confarreatio Congiaria Conquiftorct 342 231 54 ibid. 128,^^-^. 129 ibid. 130 129,133 50 22 97 ^J7 ibid, ibid. 342- .209 328 220 1S5 Confecracion of Temples 40 Conlccration of Emperors 562 Of Friends ibid- CONSTy^NTINE the Great 2 5 Cotijluntinople ibid. CONSTANTIUS 26 CHLOR.US 25 Co7ifHlargs 1 94 Confuls 107, (^c. Confitles ordtnArii I : 8 CofifulesfujfeSfi ibid. CORMELJUS SCIPJO 12 Cortiicijtet 2o8 Cornua (Mufick^ ibid- Cornua (Parts of the Army) 192 Sub Corona njenire Corona Cafirsnjis "' '■- Civic a ' muraltf naval! s ' 'ohjidionalis . ■ rojfrata •" triumphalis "~ — vail avis Cot'ONtt fiureie 231 222 221 211 ibid, ibid, ibid, ibid- ibid, ibid. Coyfica ("fubdued) Corvus (Engine) Cerybantes Cothurnus Cottian Alps C P.y^S SUS Cr^pid^ Cre:ata amhitio Crimen adulter it ambit uf falfi inter jicariot —— tnaj-fiati: ■ parricidii — peculatu: Ptrduellionis — —plagii —- rtpet undaruvt ■vmificii ——vis puhlicA Crifta CrupeUarii CutuSus Culcitra Culeus Cultrarii Cuneus Curetes Curia Hoflilia Curia Pompeii Curiae Curio maximus Curicnes Cujlos purpura Cybel 5 Priefl: D. 240 8r 288 18 H 3^5 307 i?8 ibid: ibid. ibid^ 125, 138 138,1/;^ 126,138 131 13S 126, 133 iSS ibid; 201 ^^6 317 167 14.6 8^ 305 31, 8r 48 ibid. 47>48 129 ibid: 81 Daci 1 1 Dacia ('made a Province) Ibid. AtfX.7yABj Ti'i^eiV 286 Dalmatia (fubdued^ I7 Damnum 143 Dopes fall ares 75 Deccmjugis 256 Decemviri ilf Decemviri litibut judicandis 122 Decemviri, Keepers of the S/^/- line Oracks 79 PECU I N^ D E X* DECn Dec!nia:io DEC lU S (Emper; Dscuvja Decumani Decuria Dccuriones Decurjio, at Funerals Decuffis Dedu5iores Defsnjio Ip8 219 2) 233 ibid. 129, 192 195 33:' 107 139 Defunifi fro rojlris laudatio 5 r , 351 DejeBio e rupe Tarp/^Di7Ai£N (Emper) 23 Dibaphus 38 1 Dilator to9j&C. DIDIUS JULIAN 22 Didrachmi 374 D/f; afr; 90 ' etmitialef ibid. comperendtni 91 /«/?/ ibid. /«/?/ S9 * t'ntercip ibid. ■ ■ praliarei 9 r />/-o/>/?/ _ 85, 90 ^ — poftriduani 9 o <* — '/«(/ 91 D/fwJ fl^/VfC rfa 141 A/Mf«f 242 Diffarreatlc 32 8 A»Jte?T©- 242 DIOCLETIAN 25f £)/r,^ 68 Diribitoret 132 Di{c(ptati9 tauf^ ill Difcus (the Exercife defcrllfd) AiffvTTAi^ no Divorcers 332,<:^'f. Dtf, D/V«, addico 90 Dolabrte 237 DO M IT I A N II DuBu fiio i'^m gererp 1 5 j Duumviri Cl^lJis 244 Duum'viyi, Keepers of the 5/^)'/- //»e Oracles 78 Duumviri pcrduellhtiis, or capi- tales 122 D».x Legianit 19^ E. Edere a&ionetu 13^ £^/^j (Bills for a Show of Gladiators) 277 EG E R lA 74 F.]K'oCo^t 245 EKtii/jo^Q- ibid. EKKcuI'iKii^yH 242 EAiiTHf 252 £/^r/o 34? Elephants running in the Circo 256 Emeriti 189 Enfigns 2o'j Bntcrtainments 3^5>c^ir. Epitafis of the Drama 2 85 £/>«/« or LcBiptrtiia 84 Epulae 84 Epulanes, or feptemviri epal tnum 84 £<7«?/, EcfUeflris Ordinis, (^ ■ Eqnc' firi loco naim, the Difii ;rence between them 98 Eqi;eftria 44 £y«/ redditio 187 ifjuitatus jvjiut 191 E'fuitcs U 85, 1 26 Equitum probatio 186 Ecfuiium recevfio ibid. Equitum tranfveBio ibid. Equum ndimere ll% Eipoufals 32j5 i Ejftdarii INDEX. Epdarn p-n Ejf^dum ibid £ yA N D E R. 66 EUDOX I /i 2S Evocatio dcorum ttitelarium 235 Evoeati 1S9 Euphrates (the Bounds of the Empire) 22 Excuhite 2 1 3 Exercitia ad palunt 2. 1 5 Exilium 1 44 Exire 27S Exodium 2, c 8 Exodium j4ttellanicum ibid Exrifpicet 69 Extraordiaarii igl, 2ii 3'4 F. Fablus Maximus 11 F«5io «/^« 255 — frafrra ibid. rujjata ibid. ■ iientta ibid. f7•;■<» "v^r^a 93 i:"afci4e 3 1 9 iT»'/f/V 217 /i»'. -iett Unguis 8 5 F^ITSTULUS 2,3 Feali^s in Honour of the Dead, 361 FebruA ca 65 Feciale. r ^ 7^, ^2.9 Femcr alia 3J9 Ferah'a 93 Ferentai ii 1 99 /(?r/^ « nceptiva 90 ■ iTMj Derati'vx ibid. - — y?t. aftc the Burial s6o,&c Punera .jcerba 338 Funera la- vat a 349 Funus hiiiiElivamn 3^6 puhliuum ibid- '*- — Taciturn 397 •"— trav/latitmtn 538 njult^are. or fleheium 337 Fwea ignominiofa 1 45 Fwc fanalit ibid. iV 70, 71 Haft a pur a aaa H4/?rf J 99 Hajiati 190 HELIOGAB/ILUS 2} Heptaclinen ^67 Hepteres 242 Hercules, his Chapel near the Amphitheatres aad Circo's 2g| Hexaclimn 'i6y Hexeres 242 Htppagitics ibid. HIRTIUS 16 Hi ftr tones 287,21.5 Hot 14I Judicium falp ibid- Judicium pravaricatimis 1 3 6 Sub jugum mitti 231 JVGUKTHA ^ 13 Jugurthiue War ibid. JULIAN 16 Julian Account 83 Jupiter Fereirius 227 7«rff vocatte (Centuries and Tribes) 152 7a/ f/wVtf 149 S'wx civitatit I :?o 7«r <^/«rf AV.djudicafe (the Dif- ference between them) j 1 2 7«; honorarium 1 49 ?«/ imaginis 99 7a/ Papirianum 14^ 7«f f r/aw liberorum 1 8 r In jus reum vocare 1 :j6 /» j«/ vocatus am eat autfatifdet ibid. Juramentum calumnia 136 JUS TJNIyiN 149 K. Kalends 92 Ke^etrg^fMla, ibid. Killing of the dead Body ? 3 8 Knights 98 Knights Edaces ibid. Mimlck 285 217 320 307 318 ^7^ LABERlUS the Lacerna Lacernata arnica Laciniam trahere Lana LaniftiE TITVS L^RGIUS FLAVIUSy the iirft Dittator 109 LATINS 7 L^TINUS Z Latio fententia I40 LATIJJM % Latrouei 249 Latrunculi 248 Laudatio (a Cuftom at Trials) 140 LAVINIA X LAHNIUM ibid. LyiUREtJTIA ibid. LAURENTU M ibid. Law, v/V. LfAT. Laws 148. d^f. de adulterio& pudicitia IT $ Agrarian 265 ^e amhitu 1 77 ' of the AlTemblies and Meetings 154 —— of Citizens 152 "^*^— of Conftitutions* Laws, and Privileges 160 ■ of Corn 165 oft rimes 173 • of ExpcHces 166 Faljt 175 of Judges 171 — — ofjudgmcnts 173 of Magiftrates 157 ■ de Majejiate 174 of ;Vlartial Affairs i68 Mifcellancous 180 — of Money, Ufury.e^t 170 — — de parrictdit ' f$ "— — de iicnniis rt^etundis 1 78 INDEX. — — of Provinces and their Governors 16 [ ——of Religion 150, c^c, - of the Senate 175 — — Inter Sican'oi 175 — — de Tut ell t 169 de n 176 of Wills, Heirs, and Le- gacies 170 Leagues (how made) 229 LeBi tricliniorum, or triclinia- res 5<^7 LeEiica or LeBl (Funeral Bedsj 348 Legati 127,196 Legati Confularet ibid- Legati praetor if ibid. Legatio liter a I 57 Leges (how they difFerM from Plebifcita) 1 34 Legions 191 Lcfftif 346 Levie of the Confederates it8 Levie of the Foot 183 Levie of the Horfe 185 Lex Acilia I79 ■ Acilia Calfurnia lyj •■ - ■ /Elia 153 —— /Emylia ^ 1 67 - - j^pia Labiena 171 ^ntia J 67 ylntonia 151,159,172,174. /ipuleia 1 74 •—jitia I > I '— — At Hi a 169 — — Attinia 159 — - Aufidia 177 . /^«r«//<» 159,172 -— C/f //■» 1 5 J " Cecilia Didia 1 60 ■' Cacilia de jure Italia &" tributis tolltndit 180 ' Calia ' Calpurm'a • Campan* ■C»Jfia 'Cincia »55 178 173 165,176,182 — Cornelia 1 50,1 51,1 53» I 57, 158, 159,161,254,167,174, 175, 179- — Curia ~ Didia ~^ Domitia — Falia — Fannia — Flaminia '" Flavia — Furia Fujia J55: i65 151 177 166 164 16y 170 Gabinia 155,1 56, 168,171, 174 — — G^///« Cornelia 1 54 ■ Genutia J 57 Hiercnica 1 66 Hirtia I58 Hortenfta 1 60 7«//« 163, 162, l5f, 167, 172, I74> '7?. il^^ »79 — ~ ?«//<» de Civitare 1 5? ?«//<« de maritandis ordi- nibus Julia Papia — Junia Junia Licinia ' — Junia Sacrata L^toria 53 J 8a i8i , 179 160 '59 169 •^^Claudia 155,156,171,182 ^^^Clodia J5'i '^^i '5^i i<^3i Licinia I5r,i52,i63, 166 — • — Licinia ^butia — — Licinia Mutia Licinia de Sodalitiis Livia — — Livia de Scciis Mamilia Manilia 165, — — Manlia — - ~ Marcia — • — Maria — •— Maria Porti* Marita Memmia — — Muneralis — — Ogulnia — • Oppia ■■■■■ Orchin B b • i I N D E X. — — Papi* 151, I Vi —— Papia Popp^a J 8 » Papiria I 50, I 55 —— Plautia 172, 176 "-^ Pompeia 159, 171, I 73, 17^.178 -——Porcia ^'i^ ' Pupia I'M • Rsmmia 1 7 i ILofcia. ^ ^ i 5 i Sacrata militarls 168 '—— Scatima 01 Scantinia 17 S — — Sempronia i 5 3 , i ^5 5 , 1 56, 158,161,164,165,168,170,171 Sentia 15^ •—^ ServUla I53.I<53.I7M79 ■ Sextia Li'cinia 150, 1)8 — — Silvahi Sc Carbonis 1 5 3 —— Sulpicia I ')4, 1 56,168 — — Sulpicia Sempronia 1 50 . Tcrentia, CaJJi* 1 65 — — Thoria 1 64 . Titia 159; 1 63 ■ Trebonia 1 63 7Ve^'f' 282,£/f/.o' (Ships of War) 243 MAkENflUS 25 MAXIMIAN ibid. MAXIMIN 29 MAXIMJSI Ai^ 2$ MAXIMUM 28 hlegahjli 2o6 Mercidinus ot Mercidmius 87 Merenda 3^5 Meo-OTrr'f f vg?^ .5^5 Mefoforarai^ (ojadc « Province) A/?r/» in the Circo ^ Metallici H7 Miliarium aureum 55 Milites fubitarii 185 Mimus 284 Minerva 94 Miftlia 267 A?//«; (the Matches in the Races) 256 A/i]^/ terarius 257 MITH RI DATES King of A//fr« 321 Mittcre jttdices in ccnfJiam 140 A/o/« 8 5 Moneres 243 Of the Money 37^, d^f. Mom yivevtittus 3* — Auguflus 3 r — Caballur, oxCaballir.us ibid. — C^//«f ibid. — CapitoUnus 30 — Efquihnus, exqulUnus, or f«- cubtvus 32 — Murciut ibid. — Pmlatinus 3O — ^erculanuf, or qtiereettdanut 31 — Rimoniut — Saturni — Tarpejuf — y^ticanus — yimlnalit Montorius 32 40 ibid. 33 32- 33 Mor/ (Capital Punllhment) 14') Mortuaria glcjfaria 34*5 Mourning ^ 362 Mourning Habit 349 Municipia 232- MaK«/ pronunciare, or propcnere 277 Mufculnt 237 Mufick of the Army 238 MUTIUS 6,7 Mnmllontt 27<5 N. Js^w* 34'^^ £b X Of INDEX. Of the Names 37° i^atalis urbis 9?»94 Naval Affairs of the Komam, 239, e^f. Naves aperta H? . covjlrata ibid. — — — hnga 24Z — — oncraria ibid. »—— Toftrata 243 teEf£ ibid. — — turrita ibid. Navis of a Temple 41 Naumachia (the PJace^ 46 NauTfiach!^ (the Spori 26g,&c NE POS 28 N ERO 18 NE UFA 2r Nervas Arch 50 Nohile: 99 Nomen 570 Nominis delatio 139 NonaCaprolina ibid. Nones 92 Notarius 123 Novennalia 360 Nvi 99 NoviJJima verba 3 59 Novus homo 97 Nuribus reliBis '^'^ 332 NUMyi 4 NU MERI ^^ N 25 NUMITOR 2,3 Nummus 3 74 Nundiv^ 89 Nuts ftrew'd at Marriage Feafts 330 Nymph** 57 0. Cath of thfc Soldiers 188 Qholus 374 Ocrea 2o2 OCTAVIUS or AVGUS TUS i<5,i7 OBerer a42 Odeum 4(S ODOACER. 27,28 Officers in the Army i^9,&c. O^KxJ'if 2^ 3 O LYBRIU S 28 Omne tulit punBum 133 OPILIUS MACRINUS 23 OThijcLyuyoi 242 OttKoixx^oi 277 Optimates 98 Optionet I94. Orchtjira 44 Orcini lOO Or dines primi 195 ORESTES 28 O R M IS DAS 50 Ornare Apparitoribus, Scribls,&C' 125 Orvari provincta ibid- Opiegiutn 358 q/?2« (the Port) 239 OSTORIUS SCAPULA 18 O TH O 19 Ovation 224 Ovilia I J 2 P. PaBum 136 P^^d»zV<» (a Sort of Ball) 251 Palantes 30 Palaria 2 1 y Palatium 50 PALES 94 Palilia 95 P/i//» 319 Palladium 77 Palliate (Plays^ 287 PaUiatus 3O9 Palmyra 24 Paludamentum -197, 3^2 Prf/«; Caprete 95 Pannici tcrrores 209 />35 217 202 ibid. \6 243 253 24'^ ibid. 312,317 H? 309 313 12 290 22 284 321 279 221 Place Cwhich reckoned the moft honourable at the Ta- ble) . 368 Places for burning and bury- PHILIP (Einper.) u PH I L I P (oi Macedon) 1 2 Philippi (the Battle there^ 16 Phrygians ( Priefts of Cjkle) 8 1 Pifts 22 Pila trigonalis 2 > ^ PiU (the feveral Sorts) ibid. Pilani J 90 Pilea donari l"° Pileut 320, ^21 />;7;«x (the Reward of Gladia- tors) iSo Pilum 200 Pinarii 65,66 Pinnirapi 276 p/so 19 Pitch'd Shifts U7 ing the Dead Planipedes Plebeians Plehifcita Plutei PoUicem prewere Pollicein vertere PoUtn6lores Pomtsrium Pomcerium proferre Pampa Chcen/It P O MPET 13 De pontc dejici Pontes Pontifices Pontifices mftjores Pontifices minores Pont if ex maximus Pontificum cana PONTIUS PILATE Popa Poplifugium Populares Popularia POR.SENNA Porta Capena or ^ppia • Cartntntalis ■ Flatniftia ——Flumentana ■ U£via • Sail ana • Triumphalis Portico'/ Portitores Portoria Po'torium Pofca Pofiulatii aBionii Potitii Pracingi Pracipitatio de Ps jkre Pracones Praficfiir^ B b 353 284 97 I34.H9 238 279 ibid. 34° 29.5'^ 30 295 14' "> 232 ibid. 7i>7i 71 ibid. 72 75 128 &6 9'; 9S 44 57 '7 ibid' ibid, ibid. 30 ibid. TI rSo Ibid. '^U 219 »36 6e, 66 308 i 4 <:' Pr^ef.f'iu; INDEX. Prteffrfns £'■* '"'* PiM-feBus ch'ffif py^fefltis ftimotl PrafrBus'Ug'onis Pr^ft5iuj pratorio Prafdhis 'vi,2:iiam Pr 8 5 Rent H5 Rex facrorum or facrificulus 7 3 RHEA STL VIA 1,2 Rings (taken cfFffom Perfons juftexpir'd^ 339 Robigalia 9 5 RohigOy or Robigut ibid. Robur 145 Rogatio ISO, 141 Rogui 3 55 Romanif df Civet Romani, the Difference between them 232 Rome built 3 Sack'd by the Gault 8 — — Sack'd by Gfw/enV 28 ——taken by Odo»cer ibid. the Circuit of it in the Ktign oi yalerian l4 »— Number of Inhabitants ibid. ROMULUS 2,3,4 Rorarii 1 99 R0SC/C7S the Player 295 Rudiarii 280 R«^ S. Sabinet .7 Sacellum 38 Sacramenta (put for militet, Of militia) 1 88 Sacrifices 84 SacrofavBi ('the Tribunes fo call'd) 1 15 Saculum 3°* Sagittarii 1 99 5<»^«>» 3 ' 3 S«/;2 47 SaliiCollim, OTAgonerfet ^ 7$ Salii Palatini ibid. Salifubfulut ibid. S;*^/« » ■ ■ Pratexta ' pull a • pura 213 237 303 44 ibid. 28 296 purpurea — fordida virilis 27 276 322 I? 292 293 ibid. ib. 294 . 293 lb 294 293 ibid. 319 13, 14 2!6 20 306, C^'f' ibid, ibid. 311 108, 312 ibid. 309 3U ibid. 312 311 ibid. Togat£ fSort of Plays) 287 Togatus (oppos'd to Palliatut) 309 Tor all a 367 Tornamenta 26 g Torques 221 Trabea 3 1 3 Trabeata (Sort of Plays) 287 Tragedy 286 TKAIAU 31 Trajan s Pillar 53 TrartfaEiio 136 TeiAKovlc^©- 243 Triarii 19a Tribu movere ilg Tribes of the Ci ity 34,133 Tribunal 3U Tribunes (Junior.) 185 Tribunes (Senior) ibid. Tribunesof the People 11$ Tribunes of the Soldiers 183, 194 Tribuni angufiiclavii 125 ' comitiati ibid, ■ ararii 218 ■- ■■ ■ laticlavii 195 — — — milicum,confuJari potejlaie r I! full 19"; Tribunus, (ot Prafelius) Celerum 120 Tribunitia potefiate dottatl 1 1 C Tribuf rufiide 133 ' Urbana ibid. Tributa 2? 4 Triclinium 360 Triens ^T^,^!^ Trierarchus 244. TtiYi^ili 24I Tripudium 68 ' folliflimum ibid. ~ fomviam ibid- Trircmis 242 Triumph 242, e>"r. Triummri A- A- M- F- F. 1 2 1 — capi tales ibid- " monetales ibid, ■ -~ noBurni ibid. Triuncis 37:? Trochus 251 T ROy A, or Ludus TVok 259, Trophies 5 5 r«^« 2 r 5{ Tublcines ibid. TuUianum j ,1 5 TULLUS HOSTILIUS '4 Tumuli inams, ot honotarii :3r9 2a;;,V.-r INDEX. Tanisa ^13, bmjC^'c •- angtt/ticlavia 315,^16 —• laticlavia ibid. • — -• falmata 314 Tnnic^e talaret ibid. Turns dt 1 92 Tarres mokikt 237 Turres (Way of drawing up an Army) 206 Tutulus V. Vadari reum 1 39 VALENTINUtJ the firft 26 " ' the fecond 27 ————— the third ibid- VALERIAtJ 23 FyiLEKlUS POPLICOLA 7 Vallum 212 Varronian Satire 284 VATIC AUm or VAGHAWJ^ 3 3 VeBi gales 233 ^£// 7,8 Velites 1 90 Venaiia dirtploni$ 266 Ventilatio 279 ^ew«5 (Throw on the Dice) 1^9 Verfura Venere arnia VESPASIAN Ve/PelloneT Vejial Virgins ^^// convivalis , U3 T7I 278 J 8, 20 340 77,78 or canatoria 3<58 '"~~~"~~~ forenjts 3 6 VETURIUS MAMURIUS 17 VexiOa 221 Vexiliarii 194 Vi at ores Vice(tmati9 Vi&ima Vi^imarii ViBoriatuS Figilite yigintiviratui Fill's area Villa publica Vincula VindiHa Vinea VIRGINIA Vifceratio VITELLIUS Vitis Vitem pofcere Vites Vina Umbo of the Shield — of the Gown XJncia Volfci Uriis vatalis IJfrina w. War (how declar'd) Watch word Ways X. XANTIP PUS XERXES Xyjii Of the Roman Year 110 219 84 86 372 Il2 122 348 47 Hi 100 237 iia S6i 19,20 .'94 ihid. 219 85,319 200 307 375 7 95 355 2:9 209 I» 47 Z. ZEtJOBIA SCR IP- SCRIPTORES Qui in duodecem Tomis Thefauri Antiquitatum Romanarum, a Magno G r ^ v i o congefti, inveniuntur. TOM. I. OC TA V. Terrarius de Origine Komanorum. Paulus Alanut'ms de Civitate Romana. Carolus s'tgonius de antique jure civium Rtmanorum* Onuphrius Panv'tnius de civitate Romana, * de Imperio Romano. Paulus Manutius de Comitlis Romanoriim, Nicolaus Gruchius de Comitiis Romanorum. ■ Refponfio ejufdem ad binas C. S'tgomi repreh$nfioms. Caroli Sigonh pofterior cum Nicolao Gruch'to difputatio, de binis Co- mitiis & lege Curiata. Nicolai Gruchil ad pofteriorem C. Sigonit difputationem refutatio. Carolus Slgon'ms de lege Curiata Magiftratuum 6c Imperatorum, Sc eorum jure. Paulus Manutius de Senatu Romano. joannes Sarius Zamofchius de Senatu Romano, T O M. IL Paulus Manutius de Legibus Romanis. Antonius Auguftinus de Legibus, cum Notis Fulvii Urjini. Carolus Sigonius de antiquo jure Ital'u. " — De antiquo jure Provinciarum. ■ « — De judiciis. Sibrandus Tetardus Siccama de JudI<:io centumvirali. Franc'ifcus Hottomanus J. C. de Magiftratibus RoTaanorunt^ eorum- que Inftitutione. *■ ' • De Senatu & Senatus Confulto. »■■ — - De Formulis antiquis, Jiicolai Rigaltii, Ifmaells Bullialdif & Henrici Gale/it, Obfervatlones de Populis Fundis. Carolus Sigonins de Nonxinibus RomamrMm^ Ontt^hr'uis Thefaur. Grav. Catalog. Onuphr'ms Panvhtius de antiquis Romanorum Nominibus. ^ofephi Cijjlalionis J. C. adverfus Foeminarum Prjenominum afTcr- tores difputacio. " ■ De antiquis Puerorum Prxnominibus. TOM. III. Tranc'ifcm Robortellus de Provinciis Romanorum, dc earum diftribu- tione atque adminiftratione. - — De Judiciis, & omni confuetudine caufas agendi apud Romanos. Junius Rabirius de Haftamm & Auftionum origine. Irancifcus Robortellus de Magiftratibus Imperatoruni. * De Gradibus Honorum 6c Magiftratuum Romanorum, Guido Pancirollus de Magiftratibus Municipalibus. ~ — — De Corporibus Artificum. Sextus Kufus de Regionibus Urbis. P. ViSlor de Regionibus Rom&. "BartholomAi Marliani Uibis Rom& topographia, cum Notis ineditis Tulv'i'i Urjini. Onuphrii Panvinii antiquas Urbis imago. G. PanciroUi Urbis RomA Defcriptio. Ejufdem de quatuor Urbis regionibus Commentarius, Ceorgii Fabrk'ti Defcriptio Urbis Romi. Alexandri Donati Roma vetus ac recens, utriufque aedificiis ad eru- ditam cognitionem expofitis. TOM. IV. Tamiani Nardini Roma Vetus, lib. VIII. ex Ital'tca in Latinam Lin- guam tranflati a Jacobo Tollio. Otiavii FalcoKerii, de Pyramide C. CeJIii Epulonis, DifTertatio. •- Ad Carolum Datum, V, CL. Epiftola de latere ex xdi- ficii Veteris ruderibus eruto, quum paries ad inftaurandum Pan- thei Porticum, A, 1661. dirueretur. Ifaaci Vojfti de antiqua Urbis RomA Magnitudine. Olai Borrichii, de antiqua Urbis Rowa: facie, Diflertatio compendiaria. Sexti J.'dii Trontini, de Aquasduftibus Urbis Rami, Commehtarius. Raphaelh Tabretti, de Aquis & Aqua^duftibus Urbis Roms, Diflertati- ones tres. ^oannh Chifletii Aqua Virgo, fons RomA celeberrimus, 5c prifca Religione facer; oip\ii Xi.Agrippi, in vetere annulari gemma. LucA Holftenii Commcntariolus in veterem pifturam Nymphasura referentem. Petri Ciacconii in Columnae Roftratx Infcriptionem, a fe conjeftu- ra Tuppletam, Expiicatio. Antique Thefaur. Gr£V. Catalog. Antiquac Infcriptionis qua L, Scipionis, F. Barbaii, expreflum eft elogium, Explanatio : Auftore Jacobo Sirmondo. Jofephus Cajialio de Templo Pacis ; atque ex occafione, de Jani Gemini Templo, bellique portis, . Ejufdem Explicatio ad Infcriptionem Augufti, quae in ball eft Obelifci ftacuti per Sixtum V. Ponr. ante Portam Flami' niam^ alias PopuH. Petri Angeli Barui de privatorum publicorumque aedificiorum Ur- bis Rom£ everlbribus Epiftola. • Commentaiius de Obelifco. Jofephi Cafiallonh, de Columna Triumphali Imp. Antomni^ Com- mentarius. Fragmenta Veftigii Veteris Komi, ex Lapidibus Tarnefianh nunc primum in lucem edita, cum Notis jfo. Belloni't, Huic Tomo praemittitur Liv'tnl Crw^lii Defcriptio faciei varionim Jocorum Urbis Roins,, tarn antique quam novae in XV. Tabulis aeri incifa. TOM. V. ^acob't Guthmi, de veteri jure Pontificio Uibis Rotm, libri quanior.^ jf(7. Andrei Bofii, de Pontifice Maximo B.omA Veteris, Exercitaiio Hiftorica. ■ - Ejufdem, de Pontificatu Maximo Imperatorum Romano- rum^ Exercitatio Hiftorica altera. Mic. Angelas Caufeus (de la Cliaufle) de infignibus Pontificis Maxi- mi, Flaminis Dialis, Auguris, &: inftrumento Sacrificantium. Auguftim Niphi, de Auguriis, libri duo. j?«/. C&far Bulengerus de Sortibus. De AuguriisSc Aufpiciis. ■ . De Ominibus. • De Prodigiis. ■■■■■ De Terra; Motu, & Fulminibus l}oh. Bapt. Belli Diatriba de partibus Templi Auguralis. Johannes Pierius Valeriantis de Fulminum fignificationibus. Jufii Lipfii, de VeJIa & Veftalibiis, Syntagma. Ezechielis Spanhemii de Nummo Smyrn&orum, feu de VeJla & Prjta- nibtis Gncorum, Diatriba. Antiqux Tabulae Marmorex, folis effigie fymbolifque exfculptse, explicatio. Auftore Hicr. Aleandro Juniore. Acceliit non abiirai- lis argumenti expofitio figilloruin Zonx vetercm ftatuam mar- mcream cingentis. Michaelis Angeli Caufei Deorum Simulacra, Idola, alixque Imagi- nes xrex. ^0. Baptijii Hanfinii, de Jure-jurando Veterum, Liber, ttephanus Trelieriui de Jure-jurando. Erydj Thcfau. Grav, Catalog. Erycii Puteam de Jure-jmando antiquorum Schediafma, m quo de Puteali Libonis, Marc't Zuerit Boxhornu, & aliorum, Quaeftiones ^mant. TOM. VI. Iranc'tfcus Bernardus Ferrarius de veterum Acclamationibus5c Plaufu. Petrus Eerthaldas de Aia Bened'i£tns Bacchinus de Siftris, eonimque figuris, ac differentia, Cafparus Sagittarius de Janiiis Veterum. Laz,arus Bayfius de Re Veftiaria, Oefav'ms Ferrarius de Re Veftiaria. jilbertus B^ibenius dt re Veftiaria Vr.teium, praecipue de Lato Clavo. O^avii Ferrarii Analedla de Re Velliaria. Jo. Bapt. Donius de utraque Pxnula. Bartholus Bartholinus de Penula. uildus Manuttus de Toga Romanorum. » De Tunica I{omanorum, » De Tibiis Veterum. Theophllus Raynaudus de Pileo, cceterifque Capitis tegminibus, tarn faais quam profanis. TOM. VII. I(khardus Streinnius de Gentibus & Familiis Romanorum. Antonius A'^gufiinus de Familiis Romanorum. Familise Romania nobiliores, z Fulvit Uifini Commentariis. Notitia Dianit.itum utriifque Imperii, ultra Arcadit Honori'ique tempora : & in earn G. PanciroUi J. U. D. celeberrimi, Commen- tarius. Marmor Pifanum, de Honore Bijfellii. Parergon inferitur de Vete- rum Sellis; cura Val. Chinienielln ], C. Accedit Myodia, five, de Mufcis odoris P'tfanis, Epiftola. TOM. VIII. Vetus Kalendarium Romanorum, e marmore dcfcriptuoi, in i€di- -. bus Maffiorum ad A^rippinam, Petri Ciacconit Toletani Notas in vetus Romanorum Kalendarium. lulvii Vrfini Notx ad Kalendarium rufticum Farnefianum. Kalendarii fragmentum quod vifitur in i^dibus Capranicorum. Sibrandi siccam& Commentarius in Faftos Kalendares Romanorum. Aliud vetus Kalendarium, quod in libris antiquis pra£figitur Faftij Ovidii. Kalendarium Romanum Tub. Imp. Confiantio Imp. Conjlantini mag- ni Filio. ci^ca ann, Chrift. 354. compofitum. Lambnit Thelaur. Grav. Catalog. Lambeci't Nqtae in Kalendariiim vetus. Thorns, Dempften Kaiendarium B^omanum, Dionyjti Petavii Kaiendarium vetus Romanian, cum ortu occafuque Stellaium. Peiri Gajfendi Kaiendarium S^manum compendiofe expofitum. Petri VioU Vueiwids Veteii nuvaque Romanorum lemporum ratione libellus. Jidrianm Junius de Annis & Menfibus, • — ejufdem Faftorum liber. Joannes Lalamantius de Anno l^omano. ■f^. Jacobus Chrijlmanus de Kalendario Romano. Francifcus I{oborteUus Utmenjis^ de Menfium appellatione ex nomi- nibus Impp. Jofephns Scali^er de Veteri Anno R^manorttm. Dionyfms Petavius de Veteri Anno Kcmanorum. Samueits Petiti Eclogx Chronologica: de Anno & Period© vcterum RomanoruTT}, Wtlhelmus Langius de veteri Anno F^rrMnorum. Erycii Puteant de Biflexto liber Petrus Tajfiniis de veterum Romanorum Anno Secular!, ejuCque po- tiflimum per ludos Seculares celebritate, eorumque Cbronologia. Erycii Puteani de Nundinis Romants Liber. E. Georgii Tholofani Syntagmate Juris, de Nundinis & Mercatibus. Jcannis Baptiji& Belli Diatriba de Pharfaltci Conflidus Menfe Sc Die. Petri Merejielli Philomufus five de triplici Anno Romamrum,^ Menfi- bus eorumque partibus, deque Die civili, 5c diverfitate Dieium, Hbri quinque. » ■ Alypius, five de Prifcorum Rcmanorum Ferii« liber. Julius Cdfar Bulengerus de Tributis ac Veftigalibus PopuU Romaiif, Vincentii Contareni, de Frumentaria Romanorum Lar^itione, liber. Joannis Shejferi Agrippa liberator, five Differtati.D de novis rabulii^, Barnabas Brijfonius de Ritu Nuptiarum, 3c Jure Connubiorum. Antonii Hotman/u, J. C. de veteri Ritu Nuptiarum, obfervatio, «■ De Sponfalibus, de veteri Ritu Nuptiarum, & jure Matrimoniorum, item de Spuriis 3c Legitimatione. Joannes Menrfius de Luxu Romanorum. Staniflai Kobierzykii, de Luxu Romanorum, Commentarius. Joachimi Joanms Muderi de Coronis, Nuptiarum praefertim, facris 6c profanis, libellus. TOM. IX. Cnuphr'ms Panvintus Veronenfis de Ludis Circenfibus, cum Notis loanhis Argoli J. U. D. & additamenta Nicolai Pmell J. C. Jtd'mi Cifar BuUngerits jHliodumnJis, Doctor Theologus, de Circo 5 KemanOf Thcfaur. Grav. Catalog, Romano, Ludifque Circenfibus, de Venatione Circl & Amphi- tlieatji, ac de Tlieatro. OKuphriuf Panvin'ms Veronenfis, de Ludis Secularibus, liber. jigepiai Marefcotti de Peifonis & Laivis, earamque apud Vetercs ufiriSc origine, Syntngmation, Marquard'i Freheri Cccropiftroinachla, antiqua Duelli Gladiatorii Sculptiira in Sardonyche expofita. Cum Notis Henrici Gunterit Thuiemarll, J. U. DocV. Jiifii Lip/it Satuinalium Sermonum libii duo, qui de Gladiatoribus, ■ Ejufdem de Amphithearro liber : in quo forma ipfa lo- ci expreffe, 6c ratio fpedandi : Ut &, de Amphitheatris quae extra Romam funt, libellus: in quo form £e eorum aliquot 5c typi. Onuphrii Panvimi de Triumplio Commentarius, Noiis & Figuris illuftratus a joach'imo 'Joanne Mudero. TOM. X, Nicolai Bergkr'ii^ de publicrs & militaribus Imperii /low ■■ Choartius major, vel de Orbitate toleranda ad Annum J^hertum J. C. Pra^fario. Peiri Morefielli Pompa Feralis, five Jufta Funebria Veterum : Libri decern. FINIS, BOOKS Printed for R. K n a p l o c k, at th^ BiihopVHead in St. Paul'j Church-yard. A Continuation of the Hiflory ofjofephus from liis own, to the prefent Time. Written in French by the Learned Monf. Baf- nage, and now carefully tranflated into EngUfl). Qrigines Ecclejiaftic& j or the Antiquities of the Chriftian Church, In Two Vol. Foh'o. By Jofcph Bingham, M. A. 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