80.

What is the cause that when they feasted at the common charges, any generall captaine who made his entrie into the citie with triumph, they never admitted the Consuls to the feast; but that which more is, sent unto them before-hand messengers of purpose, requesting them not to come unto the supper?

Was it for that they thought it meet and convenient to yeeld unto the triumpher, both the highest place to sit in, and the most costly cup to drinke out of, as also the honour to be attended upon with a traine home to his house after supper? which prerogatives no other might enjoy but the Consuls onely, if they had beene present in the place.

81.

Why is it that the Tribune of the commons onely, weareth no embrodered purple robe, considering that all other magistrates besides doe weare the same.

Is it not, for that they (to speak properly) are no magistrates? for in truth they have no ushers or vergers to carie before them the knitches of rods, which are the ensignes of magistracie; neither sit they in the chaire of estate called Sella curulis, to determine causes judicially, or give audience unto the people; nor enter into the administration of their office at the beginning of the yeere, as all other magistrates doe: neither are they put downe and deposed after the election of a Dictatour: but whereas the full power and authoritie of all other magistrates of State, he transferred from them upon himselfe: the Tribunes onely of the people continue still, and surcease not to execute their function, as having another place and degree by themselves in the common-weale: and like as some oratours and lawiers doe hold, that exception in law is no action, considering it doth cleane contrary to action; for that action intendeth, commenseth, and beginneth a processe or sute; but exception or inhibition, dissolveth, undooeth, and abolisheth the same: semblably, they thinke also, that the Tribunate was an empeachment, inhibition, and restraint of a magistracie, rather than a magistracie it selfe: for all the authority and power of the Tribune, lay in opposing himselfe, and eroding the jurisdiction of other magistrates, and in diminishing or repressing their excessive and licentious power.

Or haply all these reasons and such like, are but words, and devised imaginations to mainteine discourse: but to say a trueth, this Tribuneship having taken originally the first beginning from the common people, is great and mighty in regard that it is popular; and that the Tribunes themselves are not proud nor highly conceited of themselves above others, but equall in apparell, in port, fare, and maner of life, to any other citizens of the common sort: for the dignity of pompe and outward shew, apperteineth to a Consull or a Prætour: as for the Tribune of the people, he ought to be humble and lowly, and as M. Curio was woont to say; ready to put his hand under every mans foot; not to carie a loftie, grave, and stately countenance, nor to bee hard of accesse, nor strange to be spoken with, or dealt withall by the multitude; but howsoever he behave himselfe to others, he ought to the simple and common people, above the rest, for to be affable, gentle, and tractable: and heereupon the maner is, that the dore of his house should never be kept shut, but stand open both day and night, as a safe harbour, sure haven, and place of refuge, for all those who are distressed and in need: and verilie the more submisse that he is in outward appeerance, the more groweth hee and encreaseth in puissance; for they repute him as a strong hold for common recourse and retrait, unto al comers, no lesse than an altar or priviledged sanctuary. Moreover, as touching the honour that he holdeth by his place, they count him holy, sacred, and inviolable, insomuch as if he doe but goe foorth of his house abroad into the citie, and walke in the street,[[145]] the maner was of all, to clense and sanctifie the body, as if it were steined and polluted.

82.

What is the reason that before the Prætors, generall Captaines and head Magisrates, there be caried bundels of roddes, together with hatchets or axes fastned unto them?

Is it to signifie, that the anger of the magistrate ought not to be prompt to execution, nor loose and at libertie?