Roman Questions (81-85)

Question 81. Why did not the tribune of the people wear a purple garment, whenas each of the other magistrates wore one?

Solution. What if the tribune is not a magistrate at all? For he neither hath lictors, nor sitting in tribunal doth he determine causes; neither do the tribunes, as the rest, enter upon their office at the beginning of the year,

nor do they cease when a dictator is chosen; but as if they translated all magistratic power to themselves, they continue still, being (as it were) no magistrates, but holding another kind of rank. And as some rhetoricians will not have a prohibition to be judicial proceeding, seeing it doth something contrary to judicial proceeding,—for the one brings in an action at law and gives judgment upon it, but the other nonsuits it and dismisseth the cause,— after the like manner they are of opinion that tribuneship is rather a curb to magistracy, and that it is an order standing in opposition to government rather than a piece of government itself; for the tribune’s office and authority is to withstand the magistrate’s authority, even to curtail his extravagant power. Perhaps these and similar reasons may be mere ingenious devices; but in truth, since tribuneship takes its original from the people, popularity is its stronghold, and it is a great thing not to carry it above the rest of the people, but to be like the citizens they have to do with in gesture, habit, and diet. State indeed becomes a consul and a praetor; but as for a tribune (as Caius Curio saith), he must be one that even is trampled upon, not grave in countenance, nor difficult of access, nor harsh to the rabble, but more tractable to them than to others. Hence it was decreed that the tribune’s doors should not be shut, but be open night and day as a haven and place of refuge for distressed people. And the more condescending his outward deportment is, by so much the more doth he increase in his power; for they dignify him as one of public use, and to be resorted to of all sorts even as an altar; therefore by the reverence they give him, he is sacred, holy, and inviolable; and when he makes a public progress, it is a law that every one should cleanse and purify the body as defiled.

Question 82. Why before the chief officers are rods carried bound together, with the axes fastened to them?

Solution. What if it be a significant ceremony, to show that a magistrate’s anger ought not to be rash and ungrounded? Or is it that, while the rods are leisurely unloosing, they make deliberation and delay in their anger, so that oftentimes they change their sentence as to the punishment? Now, whereas some sort of crimes are curable, some incurable, rods correct the corrigible, but the axes are to cut off the incorrigible.

Question 83. What is the reason that the Romans, when they were informed that the barbarians called Bletonesians had sacrificed a man to the Gods, sent for their magistrates to punish them; but when they made it appear that they did it in obedience to a certain law, they dismissed them, but prohibited the like action for the future; whenas they themselves, not many years preceding, buried two men and two women alive in the Forum Boarium, two of whom were Greeks and two Gauls? For it seems absurd to do this themselves, and yet to reprimand the barbarians as if they were committing profaneness.

Solution. What if this be the reason, that they reckoned it profane to sacrifice a man to the Gods, but necessary to do so to the Daemons? Or were they of opinion that they sinned that did such things by custom or law; but as for themselves, they did it being enjoined to it by the Sibylline books? For it is reported that one Elvia, a virgin, riding on horseback was struck with lightning and cast from her horse, and the horse was found lying uncovered and she naked, as if on set purpose; her clothes had been turned up from her secret parts, also her shoes, rings, and head-gear all lay scattered up and down, here and there; her tongue also was hanging out of her mouth. And when the diviners declared that it was an intolerable disgrace to the holy virgins that it should be published, and that some part of the abuse did touch the cavaliers, a

servant of a certain barbarian cavalier informed, that three vestal virgins, Aemilia, Licinia, and Martia, about the same time had been deflowered, and for a long time played the whores with some men, among whom was Butetius, the said informer’s master. The virgins being convict were punished; and the fact appearing heinous, it was thought meet that the priest should consult the Sibylline books, where there were oracles found foretelling these things would come to pass for mischief to the republic, and enjoining them—in order to avert the impending calamity—to provide two Grecians and two Gauls, and bury them alive in that place, in order to the appeasing some alien and foreign Daemons.

Question 84. Why do they take the beginning of the day from the midnight?

Solution. Is the reason that the commonweal had a military constitution at the first? For many matters of concern on military expeditions are managed by night. Or did they make sunrising the beginning of business, and the night the preparation for it? For men ought to come prepared to action, and not to be in preparation when they should be doing,—as Myso is reported to have said to Chilo the Wise, when he was making a fan in winter. Or as the noontide to many is the time for finishing public and weighty affairs, so did it seem meet to make midnight the beginning? This hath this confirmation, that a Roman governor would make no league or confederation in the afternoon. Or is it impossible to take the beginning and end of the day from sunrising to sunsetting? For, as the vulgar measure the beginning of the day by sense to be the first appearance of the sun, and take the first beginning of the night to be the complete withdrawment of the sun from sight, we shall thus have no equinoctial day; but the night which we suppose comes nearest in equality to the day will be manifestly shorter than the day by the diameter

of the sun. Which absurdity the mathematicians, going about to solve, have determined that, where the centre of the sun toucheth the horizon, there is the true parting point between day and night. But this contradicts sense; for it must follow that whilst there is much light above the earth, yea, the sun illuminating us, we will not for all this confess it to be day, but must say that it is still night. Whereas then it is hard to take the beginning of the day from the rising and setting of the sun, by reason of the forementioned absurdities, it remains to take the zenith and the nadir for the beginning. The last is best, for the sun’s course from noon is by way of declination from us; but from midnight he takes his course towards us, as sunrising comes on.

Question 85. Wherefore did they not in ancient times suffer women to grind or play the cook?

Solution. Haply, because they remembered the covenant that they made with the Sabines; for after they had robbed them of their daughters, and fighting many battles became reconciled, among other articles of agreement this was recorded, that a wife was not to grind nor play the cook for a Roman husband.