Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	cause_n	court_n	king_n	3,548	5	4.0704	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47252	Romæ antiquæ notitia, or, The antiquities of Rome in two parts ... : an account of the religion, civil government, and art of war, with the remarkable customs and ceremonies, publick and private : with copper cuts of the principal buildings, &c. : to which are prefix'd two essays : concerning the Roman learning, and the Roman education / by Basil Kennett ...	Kennett, Basil, 1674-1715.	1696 (1696)	Wing K298; ESTC R18884	301,193	437

Diligence procure any Levies to be made because the Tribunes of the Commons oppos'd all their Orders and wou'd let no Soldiers be listed 'till their Petition had been canvass'd in the Senate In this exigency the Fathers were call'd together and after the Business had been a long time debated with great Heat and Tumult at last pitch'd upon this Expedient That Three Magistrates shou'd be elected out of each Order who being invested with the whole Consular Power at the end of the Year it shou'd be in the liberty of the Senate and People to have that Office or Consuls for the following Year Both Parties readily embrac'd this Proposal and accordingly proceeded to an Election where though the whole design of this Stir had been purely to encrease the Honour of the Commons yet when the matter came to be put to the Vote they chose none of that Order to the new Magistracy but conferr'd the Honour on Three of the most eminent Patricians with the Title of Tribuni Militum Consulari potestate about A. V. C. 310. The first Tribunes having held their Dignity no longer than seventy Days were oblig'd to quit it by reason that the Augurs had discover'd some Flaw in their Election and so the Government return'd to its former course the Supreme Command resting in the hands of the Consuls (b) Liv. lib. 4. Dionys lib. 11. Afterwards they were some Years chose and some Years pass'd by having rose from Three to Six and afterwards to Eight and the Plebeians being admitted to a share in the Honour 'till about A. V. C. 388. they were entirely laid aside CHAP. XIII Civil Offices of less Note or of less frequent Occurrence in Authors and of the Publick Servants THERE are several Officers behind who deserve little more than to be nam'd either by reason of their low Station in the Commonwealth or because they are very seldom mention'd in our ordinary Classicks Among these we may take notice of those that follow Interrex the Supreme Magistrate who govern'd between the Death of one King and the Election of another This Office was took by turns by the Senators continuing in the hands of every Man five Days (a) Dionys. lib. 2. Livy lib. 1. or if we believe Plutarch (b) In Numb only twelve Hours at a time We sometimes meet with an Interrex under the Consular Government created to hold Assemblies when the ordinary Magistrates were either absent or disabled to act by reason of their undue Election Tribunus or Praefectus Celerum the Captain of Romulus's Life-guard which consisted of Three hundred of the stoutest young Men and of the best Families in the City under the Name of Celeres or Light-Horse Praefectus Vrbis a sort of Mayor of the City created by Augustus at the Advice of his Favourite Maecenas upon whom at first he conferr'd the new Honour (c) Dio. lib. 52. T●●uus Annal. lib. 4 3. He was to precede all other City-Magistrates having power to receive Appeals from the inferiour Courts and to decide almost all Causes within the Limits of Rome or an hundred Miles round Before this there was sometimes a Praefectus Vrbis created when the Kings or greater Officers were absent from the City to administer Justice in their room (d) Ibid. Praefectus Aerarii an Officer chose out of such Persons as had discharg'd the Office of Praetors by Augustus to supervise and regulate the Publick Fund which he rais'd for the maintenance of the Army (e) Dio. lib 53. This project was reviv'd by several of his Successors Praefectus Praetorio created by the same Emperour to Command the Praetorian Cohorts or his Life-guard who borrow'd their Name from the Praetorium or General 's Tent all Commanders in Chief being anciently styl'd Praetores His Office answer'd exactly to that of the Magister Equitum under the old Dictators only his Authority was of greater extent being generally the highest Person in Favour with the Army And therefore when the Soldiers once came to make their own Emperours the common Man they pitch'd upon was the Praefectus Praetorio Praefectus Frumenti and Praefectus Vigilum both owing their Institution to the same Augustus The first was to inspect and regulate the distribution of Corn which us'd to be often made among the common People The other commanded in Chief all the Soldiers appointed for a constant Watch to the City being a Cohort to every two Regions His Business was to take cognizance of Thieves Incendiaries idle Vagrants and the like and had the Power to punish all petty Misdemeanours which were thought too trivial to come under the care of the Praefectus Vrbis In many of these inferiour Magistracies several Persons were join'd in Commission together and then they took their Name from the number of Men that compos'd them Of this sort we meet with the Triumviri or Tresviri Capitales the Keepers of the Publick Gaol they had the Power to punish Malefactors like our Masters of the Houses of Correction for which Service they kept eight Lictors under them as may be gather'd from Plautus Quid faciam nunc si Tresviri me in carcerem compegerint Inde cras è promptuariâ cellâ depromar ad flagrum Ita quasi incudem me miserum octo homines validi caedent (f) In Amphytr Triumviri Nocturni mention'd by Livy (g) Lib. 9. and Tacitus (h) Annal. lib. 5. instituted for the prevention of Fires in the Night Triumviri Monetales the Masters of the Mint Sometimes their Name was wrote Triumviri A. A. Ae. F. F. standing for Auro Argento Aere Flando Feriendo Quatuorviri viarum curandarum Persons deputed by the Censor to supervise the Publick Ways Centum viri and Decemviri litibus judicandis The first were a Body of Men chose Three out of every Tribe for the judging of such Matters as the Praetors committed to their Decision which are reckon'd up by Cicero in his First Book de Oratore The Decemviri seem to have been the principal Members of the Centumvirate and to have presided under the Praetor in the Judicia Centumviralia These were some of the first Steps to Preferment for Persons of Parts and Industry as was also the Vigintiviratus mention'd by Cicero Tacitus and Dio which perhaps was no more than a select part of the Centumviri There are other Officers of as little note behind who had no fix'd Authority but were constituted upon some particular occasions Such as the Duumviri perduellionis sive Capitales Officers created for the judging of Traitors They were first introduc'd by Tullus Hostilius continu'd as often as Necessity requir'd under the rest of the Kings and sometimes under the Consular Government at its first Institution But after they had been laid down many Years as unnecessary Cicero in the latter times of the Common-wealth complains of their revival by Labienus Tribune of the Commons (i) Cicero Orat. pro C. Ra●●rio Perduellionis Reo Quaestores or

tho' a Person of extraordinary Courage and Vertue yet did not enjoy the Empire long enough to be on any other account so memorable as for substituting so admirable a Successor in his room as Trajan 'T was he that for the Happiness which attended his Undertakings and for his just and regular Administration of the Government hath been set in Competition even with Romulus himself 'T was he that advanc'd the Bounds of the Empire farther than all his Predecessors reducing into Roman Provinces the Five vast Countries of Dacia Assyria Armenia Mesopotamia and Arabia (a) Eutrop. lib. 8. And yet his prudent management in Peace hath been generally preferr'd to his Exploits in War His Justice Candour and Liberality having gain'd him such an universal Esteem and Veneration that he was even Deified before his Death Adrian's Character hath generally more of the Scholar than the Soldier Upon which account as much as out of Evny to his Predecessor he slighted 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 (b) Eutrop. lib. 8. But perhaps he is the first of the Roman Emperours that ever took a Circuit round his Dominions as we are assur'd he did (c) Ib. ibid. Antoninus Plus studied more the defence of the Empire than the Enlargement of it However his admirable Prudence and strict Reformation of Manners rendred him perhaps as serviceable to the Commonwealth as the greatest Conquerours The Two Antonini Marcus and Lucius were they that made the first Division of the Empire They are both famous for a successful Expedition against the Parthians And the former who was the longest River is especially remarkable for his extraordinary Learning and strict Profession of Stoicism whence he hath obtain'd the Name of The Philosopher Commodus was as noted for all manner of Extravagancies as his Father had been for the contrary Vertues and after a very short Enjoyment of the Empire was murder'd by one of his Mistresses (d) Zozimus Hist lib. 1. Pertinax too was immediately cut off by the Soldiers who found him a more rigid Exactor of Discipline than they had been lately us'd to And now claiming to themselves the Privilege of chusing an Emperour they fairly expos'd the Dignity to sale (e) Ibid. Didius Julian was the highest Bidder and was thereupon invested with the Honour But as he only expos'd himself to Ridicule by such a mad Project so he was in an instant made away with in hopes of another Bargain Zozimus makes him no better than a sort of an Emperour in a Dream (f) Ibid. But the Roman Valour and Discipline were in a great Measure restor'd by Severus Besides a famous Victory over the Parthians the old Enemies of Rome he subdu'd the greatest part of Pe●sia and Arabia and marching into this Island Britain deliver'd the poor Natives from the miserable Tyranny of the Scots and Picts which an excellent Historian (g) Ae●●us Spartia in Severe calls the greatest Honour of his Reign Antoninus Caracalla had as much of a martial Spirit in him as his Father but died before he could design any thing memorable except an Expedition against the Parthians which he had just undertaken Opilius Macrinus and his Son Diadumen had made very little noise in the World when they were cut off without much disturbance to make room for Heliogabalus Son of the late Emperour If he was extremely pernicious to the Empire by his extravagant Debaucheries his Successor Alexander Severus was as serviceable to the State in restoring Justice and Discipline His noblest Exploit was an Expedition against the Persians in which he overcame their famous King Xerxes (h) Eutrop. lib. 8. Maximin the first that from a common Soldier aspir'd to the Empire was soon taken off by Puplenus and he with his Collegue Balbinus quickly follow'd leaving the supreme command to Gordian a Prince of great Valour and Fortune and who might probably have extinguish'd the very Name of the Persians (i) Pompon Laetus in Gordian had he not been treacherously murder●d by Philip who within a very little time suffer'd the like Fortune himself Decius in the former part of his Reign had been very successful against the S●ythians and other barbarous Nations but was at last kill'd together with his Son in an unfortunate Engagement (k) Idem in Decio But then Gallus not only struck up a shameful League with the Barbarians but suffer'd them to over-run all T●●ace Thessaly Macedon Greece (l) Idem in Gallo c. They were just threarning Italy when his Successor Aemylian 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 lost and to clear those that were over-run (m) Idem ibid. But he was prevented after Three Months Reign by the common Fate of the Emperours of that time After him Valerian was so unfortunate as to lose the gre●test part of his Army in an Expedition against the Persians and to be kept Prisoner himself in that Country till the time of his Death (n) Idem in Valeriano Upon the taking of Valerian by the Persians the Management of Affairs was committed to his Son Gallienus a Prince so extreamly negligent and vicious as to become the equal Scorn and Contempt of both Sexes (o) Frebell Pollio in Tripinia Tyran The loosness of his Government gave occasion to the Usurpation of the Thirty Tyrants of whom some indeed truly deserv'd that Name others were Persons of grea● Courage and Vertue and very serviceable to the Common-wealth (p) Idem in Gall●●● In his time the Almaigns after they had wasted al● Gaul broke into Italy Dacia which had been gain'd by Trajan was entirely lost all Greece Macedon Pontus and Asia over-run by the Goths The Germans too had proceeded as far as Spain and taken the famous City Ta●raco now Tarragona in Cattalonia (q) E●trep lib. 9. This desperate state of Affairs was in some measure redress'd by the happy Conduct of Claudius who in less than two Years time routed near Three hundred thousand Barbarians and put an entire end to the Gothick War Nor were his other Accomplishments inferiour to his Valour an elegant Historian (r) Trebell Pollio in Claud●● having sound in him the Vertue of Trajan the Piety of Antoninus and the Moderation of Augustus Quintilius was in all respects comparable to his Brother whom he succeeded not on account of his Relation but his Merits (ſ) Ibid. But reigning only seventeen Days 't is impossible he could do any thing more than raise an Expectation in the World If any of the Barbarians were left within the Bounds of the Empire by Claudius Aurelian entirely chas'd them out In one single War he is reported to have kill'd a thousand of the Sarmatians with his own Hands (t) F●avius Vopisc in

or the Murder of any near Relation The Person convicted of this unnatural Guilt was immediately hooded as unworthy of the common Light In the next place he was whipp'd with Rods and then sow'd up in a Sack and thrown into the Sea or in Inland Countries into the next Lake or River Afterwards for an Addition to the Punishment a Serpent us'd to be put into the Sack with the Criminal and by degrees in later times an Ape a Dog and a Cock The Sack which held the Malefactor was term'd Culeus and hence the Punishment it self is often signified by the same Name The reason of the addition of the living Creatures is thought to have been that the condemn'd Persons might be tormented with such troublesome Company and that their Carcasses might want both burial and rest Juvenal expresly alludes to this Custom in his eighth Satyr Libera si dentur populo suffragia quis tam Perditus ut dubitet Senecam praeferre Neroni Cujus supplicio non debuit una parari Simia non Serpens unus non culeus unus Had we the freedom to express our Mind There 's not a Wretch so much to Vice enclin'd But will own Seneca did far excell His Pupil by whose Tyranny he fell To expiate whos 's complicated Guilt With some proportion to the Blood he spilt Rome should more Serpents Apes and Sacks provide Than one for the Compendious Parricide Mr. Stepney The same Poet in another place intimates that this Sack was made of Leather (m) Sat 1● vers 155. Tully in his Defence of Sextus Roscius who stood arraign'd for Parricide has given an admirable account of this Punishment with the Reasons on which it was grounded particularly that the Malefactor was thrown into the Sea sow'd up in a Sack for fear he should pollute that Element which was reckon'd the common Purifier of all things Besides the Punishments mention'd by Sigonius who seems to consider the Roman People as in a free State we meet with abundance of others either invented or reviv'd in the times of the Emperors and especially in later Ages Among these we may take notice of three as the most considerable Ad Ludos ad Metalla ad Bestias The Lawyers divide Ludus when they take it for a Punishment into Venatorius and Gladiatorius (n) Calvin Lexicon Juridie By the former the convicted Persons commonly Slaves were oblig'd to engage with the wild Beasts in the Amphitheatre by the latter they were to perform the part of Gladiators and satisfie Justice by killing one another Ad Metalla or a condemning to work in the Mines Suidas would have to be invented by Tarquinius Superbus (o) In voce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whatever reason he had for his Assertion 't is certain we rarely find it mention'd 'till the times of the later Emperours and particularly in the Histories of the Persecutions of the Christians who were usually sent in great numbers to this laborious and slavish Employment with the Name of Metallici The throwing of Persons to wild Beasts was never put in execution but upon the vilest and most despicable Malefactors in Crimes of the highest nature This too was the common Doom of the Primitive Christians and 't is to the accounts of their Suffetings we are beholden for the knowledge of it It may be observ'd that the Phrase ad Bestias dari signifies as well such Criminals as were condemn'd to fight with the Beasts as those who were deliver'd to them to be devour'd (p) Ca'vin in vo● ad Bestias dar● And the former of these were properly term'd Bestiarii (q) Ibid. in Bestiarii There 's still one Punishment behind worth our Observation and which seems to have been proper to Incendiaries and that was the wrapping up the Criminal in a sort of Coat daub'd over with Pitch and then setting it on fire Thus when Nero had burnt Rome to satisfie his curiosity with the Prospect he contriv'd to lay the Odium on the Christians as a sort of Men generally detested and seizing on all he could discover order'd them to be lighted up in this manner and to serve for Tapers in the dark which was a much more cruel Jest than the former that occasion'd it Juvenal alludes to this Custom in his eighth Satyr Ausi quod liceat tu●icâ pumre mol●st● To recompence whose barbarous Intent Pitch'd Shirts wou'd prove a legal Punishment CHAP. XXI Of the Roman Laws in general IN the beginning of the Roman State we are assur'd all things were manag'd by the sole Authority of the King without any certain Standard of Justice and Equity But when the City grew tolerably populous and was divided by Romulus into Thirty Curiae he began to preferr Laws at the Assembly of those Curiae which were confirm'd and universally receiv'd The like practice was follow'd by Numa and several other Kings all whose Constitutions being collected into one Body by Sextus Papirius who liv'd in the time of Tarquin the Proud took from him the Name of Jus Papirianum But all these were abrogated soon after the expulsion of the Royal Family and the judicial Proceedings for many Years together depended only on Custom and the Judgment of the Court. At last to redress this Inconvenience Commissioners were sent into Greece to make a Collection of the best Laws for the Service of their Country and at their return the Decemviri were created to regulate the Business who reduc'd them into Twelve Tables as has been already shewn The excellency of which Institution as it is sufficiently set forth by most Authors so is it especially beholden to the high Encomium of Cicero when he declares it as his positive Judgment and Opinion That the Laws of the Twelve Tables are justly to be preferr'd to whole Libraries of the Philosophers (a) Cicero de Oratore lib. 1. They were divided into three Parts of which the first related to the Concerns of Religion the second to the Right of the Publick and the last to private Persons These Laws being establish'd it necessarily follow'd that there shou'd be Disputations and Controversies in the Courts since the Interpretation was to be founded on the Authority of the Learned This Interpretation they call'd Jus Civile though at present we understand by that Phrase the whole System of the Roman Laws Besides out of all these Laws the Learned Men of that Time compos'd a Scheme of Forms and Cases by which the Processes in the Courts were directed These were term'd Actiones Legis We may add to these the Laws preferr'd at the Publick Assemblies of the People and the Plebiscita made without the Authority of the Senate at the Comitia Tributa which were allow'd to be of equal force with other Constitutions though they were not honour'd with the Title of Leges And then the Senatus-consulta and Edicts of the Supreme Magistrates particularly of the Praeters made up two more sorts of Laws the last of which they

That the Latin Confederates shou'd have the Privilege of giving their Suffrages as well as the Roman Citizens (k) Cic. saepissime Manilia Lex the Author C. Manilius Tribune of the Commons A. 687. ordering That the Libertini shou'd have the Privilege of Voting in all the Tribes (l) Cic. pro Leg. Maniliâ Gabinia Lex a confirmation of an old Law of the Twelve Tablets making it a capital Offence for any Person to convene a clandestine Assembly (m) Salust in Catilinar CHAP. XXV Laws relating to the Senate CASSIA Lex the Author L. Cassius Longinus Tribune of the Commons A. 649. ordaining That no Person who had been condemn'd or depriv'd of his Office by the People shou'd have the Privilege of coming into the Senate (a) 〈◊〉 in Cornelian Claudia Lex the Author Q. Claudius Tribune of the Commons A. 535. commanding That no Senator or Father of a Senator shou'd possess a sailing Vessel of above Three hundred Amphorae this was thought big enough for the bringing over Fruits and other Necessaries and as for Gain procur'd by Trading in Merchandise they thought it unworthy the Dignity of that Order (b) Cic. Verrin 7. Sulpitia Lex the Author Servius Sulpitius Tribune of the Commons A. 665. requiring That no Senator shou'd owe above Two thousand Drachmae (c) Pl●● in Sylla Sentia Lex the Author probably C. Sentius Consul with Q. Lucretius A. 734. in the time of Augastus ordering That in the room of such Noble-men ●as were wanting in the Senate others shou'd be substituted (d) Tacit. An. 2. Gabinia Lex the Author A. Gabinius Tribume of the Commons A. 685. ordaining That the Senate shou'd be conven'd from the Kalends of February to the Kalends of March every day for the giving Audience to foreign Ministers (e) Cic. Epit●●●● 〈◊〉 Prair lib. 2. Fp. 12. Pupia Lex ordaining That the Senate shou'd not be conven'd from the Eighteenth of the Kalends of February to the K●lends of the same Month and that before the Embassies were either accepted or rejected the Senate shou'd be held on no other account (f) Cic. lib. 1. epist 4 ad Leutul lib. 2. ep 2. ad Q●●●● 〈◊〉 c. Tullia Lex the Author M. Tullius Cicero Consul with M. Anthony A. 690. ordaining That inch Persons to whom the Senate had allow'd the Favour of a libera Legatio shou'd hold that Honour no longer than a Year Libera Legatio was a Privilege that the Senators often obtain'd for the going into any Province or Country where they had some private Business in the Quality of Lieutenants though with no Command but only that the Dignity of their titular Office might have an influence on the Management of their private Concerns (g) Cic. de Leg. lib. 3. CHAP. XXVI Laws relating to the Magistrates LEX Villia Annalis or Annaria the Author L. Villius for whom we sometimes find L. Julius or Lucius Tullius Tribune of the Commons A. 574. defining the proper Age requisite for bearing of all the Magistracies (a) Liv. lib. 40. Livy who relates the making of this Law does not insist on the particular Ages and Learned Men are much divided about that point Lipsius states the difference after this manner The Age proper to sue for the Quaest●rship he makes Twenty five Years for the Aediles and T●●●unes Twenty seven or Twenty eight Thirty for the Praetor and Forty two for the Consuls G●n●●●●● Lex the Author L. Genutius Tribune of the Commons 〈◊〉 411. commanding That no Person shou'd bear the same Mag●s●racy within Ten Years distance nor shou'd be invested with Two Offices in one Year (b) Idem lib. 7. Cornelia Lex the Author Cornelius Sylla the Dictator A. 673. a repetition and confirmation of the former Law (c) Appian lib. 1. de Bell. Civil Semp●onia Lex the Author C. Semprenius Gracchus Tribune of the Commons A. 630. ordaining That no Person who had been lawfully depriv'd of his Magistracy shou'd be capable of bearing an Office again This was abrogated afterwards by the Author (d) Plut. in Gracchis Cornelia Lex the Author L. Cornelius Sylla Dictator ordaining That such Persons as had embrac'd his Party in the la●● Troubles shou'd have the Privilege of bearing Honours before they were capable by Age and that the Children of those w●●● had been proscrib'd shou'd lose the Power of standing for any Office (e) Plin. lib. 7. Quintil. lib. 11. cap. 1. Cic. in Pism Hirtia Lex the Author A. Hirtius ordaining That noned Pompey's Party shou'd be admitted to any Dignity (f) Cic. Philipp 13. Sextia Licinia Lex the Authors C. Licinius and L. Sextius Tribunes of the Commons A. 386. ordaining That one of the Consuls shou'd be chose out of the Body of the Commons (g) Liv. lib. 6. Genutia Lex the Author L. Genutius Tribune of the Commons A. 411. making it lawful that both Consuls might be taken out of the Commons (*) I●em lib. 7. Cornelia Lex the Author L. Cornelius Sylla Dictator A. 673. ordaining That the Praetors shou'd always use the same method in judicial Processes For the Praetors us'd upon the entrance on their Office to put up an Edict to shew what way they design'd to proceed in all Causes during their Year These Edicts which before commonly varied were by this Law order'd to be always the same for the preserving a constant and regular course of Justice (h) Cic. Philipp 2. Marcia Lex the Author Marcius Censorinus forbidding any Person to bear the Censorship twice (i) P●ut in Coriolan Clodia Lex the Author P. Clodius Tribune of the Commons A. 695. ordering That the Censors shou'd put no mark of Infamy on any Person in their general Surveys unless the Person had been accus'd and condemn'd by both the Censors whereas before they us'd to punish Persons by omitting their Names in the Surveys and by other means whether they were accus'd or no And what one Censor did unless the other actually interpos'd was of equal force as if both had join'd in the Action (k) Cic. in P●son pro Milon pro Sextic c. Caecilia Lex the Author Q. Caecilius Metellus Pius Scipio Consul with Pompey the Great A. 701. restoring their ancient Dignity and Power to the Censors which had been retrench'd by the former Law (l) Dio lib. 40. Antonia Lex the Author M. Antony a Member of the Triumvirate ordaining That for the future no Proposal shou'd be ever made for the creation of a Diclator and that no Person shou'd ever accept of that Office upon pain of incurring a capital Penalty (m) Appian de Bell. Civ lib. 3. Titia Lex the Author P. Titius Tribune of the Commons A. 710. ordaining That a Triumvirate of Magistrates invested with Consular Power shou'd be setled for Five Years for the regulating the Common-wealth and that the Honour shou'd be conferr'd on Octavius Lepidus and Antony (n)