Notes

PREFACE BY THE TRANSLATOR

1. It has, I believe, been largely in use at Oxford for the last thirty years; but it has not apparently had the good fortune to have come to the knowledge of the writer of an article on "Roman History" published in the Encyclopedia Britannica in 1886, which at least makes no mention of its existence, or yet of Mr. Baring-Gould, who in his Tragedy of the Caesars (vol. 1. p. 104f.) has presented Dr. Mommsen's well-known "character" of Caesar in an independent version. His rendering is often more spirited than accurate. While in several cases important words, clauses, or even sentences, are omitted, in others the meaning is loosely or imperfectly conveyed - e.g. in "Hellenistic" for "Hellenic"; "success" for "plenitude of power"; "attempts" or "operations" for "achievements"; "prompt to recover" for "ready to strike"; "swashbuckler" for "brilliant"; "many" for "unyielding"; "accessible to all" for "complaisant towards every one"; "smallest fibre" for "Inmost core"; "ideas" for "ideals"; "unstained with blood" for "as bloodless as possible"; "described" for "apprehended"; "purity" for "clearness"; "smug" for "plain" (or homely); "avoid" for "avert"; "taking his dark course" for "stealing towards his aim by paths of darkness"; "rose" for "transformed himself"; "checked everything like a praetorian domination" for "allowed no hierarchy of marshals or government of praetorians to come into existence"; and in one case the meaning is exactly reversed, when "never sought to soothe, where he could not cure, intractable evils" stands for "never disdained at least to mitigate by palliatives evils that were incurable."

INTRODUCTORY NOTE BY DR. MOMMSEN

1. I have deemed it, in general, sufficient to give the value of the Roman money approximately in round numbers, assuming for that purpose 100 sesterces as equivalent to 1 pound sterling. (Translator)

CHAPTER II The Earliest Migrations into Italy

1. Some of the epitaphs may give us an idea of its sound; as theotoras artahiaihi bennarrihino and dasiihonas platorrihi bollihi.

2. The hypothesis has been put forward of an affinity between the Iapygian language and the modern Albanian; based, however, on points of linguistic comparison that are but little satisfactory in any case, and least of all where a fact of such importance is involved. Should this relationship be confirmed, and should the Albanians on the other hand - a race also Indo-Germanic and on a par with the Hellenic and Italian races - be really a remnant of that Hellene-barbaric nationality traces of which occur throughout all Greece and especially in the northern provinces, the nation that preceded the Hellenes would be demonstrated as identical with that which preceded the Italians. Still the inference would not immediately follow that the Iapygian immigration to Italy had taken place across the Adriatic Sea.

3. Barley, wheat, and spelt were found growing together in a wild state on the right bank of the Euphrates, north-west from Anah (Alph. de Candolle, Geographie botanique raisonnee, ii. p. 934). The growth of barley and wheat in a wild state in Mesopotamia had already been mentioned by the Babylonian historian Berosus (ap. Georg. Syncell. p. 50 Bonn.).

4. Scotch -quern-. Mr. Robertson.

5. If the Latin vieo, vimen, belong to the same root as our weave (German weben) and kindred words, the word must still, when the Greeks and Italians separated, have had the general meaning "to plait," and it cannot have been until a later period, and probably in different regions independently of each other, that it assumed that of "weaving." The cultivation of flax, old as it is, does not reach back to this period, for the Indians, though well acquainted with the flax-plant, up to the present day use it only for the preparation of linseed-oil. Hemp probably became known to the Italians at a still later period than flax; at least cannabislooks quite like a borrowed word of later date.

6. Thus aro, aratrum reappear in the old German aran(to plough, dialectically eren), erida, in Slavonian orati, oradlo, in Lithuanian arti, arimnas, in Celtic ar, aradar. Thus alongside of ligo stands our rake (German rechen), of hortus our garden (German garten), of mola our mill (German muhle, Slavonic mlyn, Lithuanian malunas, Celtic malin). With all these facts before us, we cannot allow that there ever was a time when the Greeks in all Hellenic cantons subsisted by purely pastoral husbandry. If it was the possession of cattle, and not of land, which in Greece as in Italy formed the basis and the standard of all private property, the reason of this was not that agriculture was of later introduction, but that it was at first conducted on the system of joint possession. Of course a purely agricultural economy cannot have existed anywhere before the separation of the stocks; on the contrary, pastoral husbandry was (more or less according to locality) combined with it to an extent relatively greater than was the case in later times.

7. Nothing is more significant in this respect than the close connection of agriculture with marriage and the foundation of cities during the earliest epoch of culture. Thus the gods in Italy immediately concerned with marriage are Ceres and (or?) Tellus (Plutarch, Romul. 22; Servius on Aen. iv. 166; Rossbach, Rom. Ehe, 257, 301), in Greece Demeter (Plutarch, Conjug. Praec. init.); in old Greek formulas the procreation of children is called arotos (ii. The Family and the State, note); indeed the oldest Roman formof marriage, confarreatio, derives its name and its ceremony from the cultivation of corn. The use of the plough in the founding of cities is well known.

8. Among the oldest names of weapons on both sides scarcely any can be shown to be certainly related; lancea, although doubtless connected with logchei, is, as a Roman word, recent, and perhaps borrowed from the Germans or Spaniards.

9. Even in details this agreement appears; e.g., in the designation of lawful wedlock as "marriage concluded for the obtaining of lawful children" (gauos epi paidon gneision aroto, matrimonium liberorum quaerendorum causa).

10. Only we must, of course, not forget that like pre-existing conditions lead everywhere to like institutions. For instance, nothing is more certain than that the Roman plebeians were a growth originating within the Roman commonwealth, and yet they everywhere find their counterpart where a body of metoeci has arisen alongside of a body of burgesses. As a matter of course, chance also plays in such cases its provoking game.

CHAPTER III The Settlements of the Latins

1. I. II. Italians

2. Like latus (side) and platus (flat); it denotes therefore the flat country in contrast to the Sabine mountain-land, just as Campania, the "plain," forms the contrast to Samnium. Latus, formerly stlatus, has no connection with Latium.

3. A French statist, Dureau de la Malle (Econ. Pol. des Romains, ii. 226), compares with the Roman Campagna the district of Limagne in Auvergne, which is likewise a wide, much intersected, and uneven plain, with a superficial soil of decomposed lava and ashes - the remains of extinct volcanoes. The population, at least 2500 to the square league, is one of the densest to be found in purely agricultural districts: property is subdivided to an extraordinary extent. Tillage is carried on almost entirely by manual labour, with spade, hoe, or mattock; only in exceptional cases a light plough is substituted drawn by two cows, the wife of the peasant not unfrequently taking the place of one of them in the yoke. The team serves at once to furnish milk and to till the land. They have two harvests in the year, corn and vegetables; there is no fallow. The average yearly rent for an arpent of arable land is 100 francs. If instead Of such an arrangement this same land were to be divided among six or seven large landholders, and a system of management by stewards and day labourers were to supersede the husbandry of the small proprietors, in a hundred years the Limagne would doubtless be as waste, forsaken, and miserable as the Campagna di Roma is at the present day.

4. In Slavonia, where the patriarchal economy is retained up to the present day, the whole family, often to the number of fifty or even a hundred persons, remains together in the same house under the orders of the house-father (Goszpodar) chosen by the whole family for life. The property of the household, which consists chiefly in cattle, is administered by the house-father; the surplus is distributed according to the family-branches. Private acquisitions by industry and trade remain separate property. Instances of quitting the household occur, in the case even of men, e. g. by marrying into a stranger household (Csaplovies, Slavonien, i. 106, 179). Under such circumstances, which are probably not very widely different from the earliest Roman conditions, the household approximates in character to the community.

5. The Latin festival is expressly called "armistice" (indutiae, Macrob. Sat. i. 16; ekecheipiai, Dionys. iv. 49); and a war was not allowed to be begun during its continuance (Macrob. l. c.)

6. The assertion often made in ancient and modern times, that Alba once ruled over Latium under the forms of a symmachy, nowhere finds on closer investigation sufficient support. All history begins not with the union, but with the disunion of a nation; and it is very improbable that the problem of the union of Latium, which Rome finally solved after some centuries of conflict, should have been already solved at an earlier period by Alba. It deserves to be remarked too that Rome never asserted in the capacity of heiress of Alba any claims of sovereignty proper over the Latin communities, but contented herself with an honorary presidency; which no doubt, when it became combined with material power, afforded a handle for her pretensions of hegemony. Testimonies, strictly so called, can scarcely be adduced on such a question; and least of all do such passages as Festus v. praetor, p. 241, and Dionys. iii. 10, suffice to stamp Alba as a Latin Athens.

CHAPTER IV The Beginnings of Rome

1. A similar change of sound is exhibited in the case of the following formations, all of them of a very ancient kind: pars - portio, MarsMors, farreum ancient form for horreum, FabiiFovii, Valerius - Volesus, vacuus - vacivus.

2. The synoikismos did not necessarily involve an actual settlement together at one spot; but while each resided as formerly on his own land, there was thenceforth only one council-hall and court-house for the whole (Thucyd. ii. 15; Herodot. i. 170).

3. We might even, looking to the Attic trittus and the Umbrian trifo, raise the question whether a triple division of the community was not a fundamental principle of the Graeco-ltalians: in that case the triple division of the Roman community would not be referable to the amalgamation of several once independent tribes. But, in order to the establishment of a hypothesis so much at variance with tradition, such a threefold division would require to present itself more generally throughout the Graeco-Italian field than seems to be the case, and to appear uniformly everywhere as the ground-scheme. The Umbrians may possibly have adopted the word -tribus- only when they came under the influence of Roman rule; it cannot with certainty be traced in Oscan.

4. Although the older opinion, that Latin is to be viewed as a mixed language made up of Greek and non-Greek elements, has been now abandoned on all sides, judicious inquirers even (e. g. Schwegler, R. G. i. 184, 193) still seek to discover in Latin a mixture of two nearly related Italian dialects. But we ask in vain for the linguistic or historical facts which render such an hypothesis necessary. When a language presents the appearance of being an intermediate link between two others, every philologist knows that the phenomenon may quite as probably depend, and more frequently does depend, on organic development than on external intermixture.

5. That the Quinctian Luperci had precedence in rank over the Fabian is evident from the circumstance that the fabulists attribute the Quinctii to Romulus, the Fabii to Remus (Ovid, Fast. ii. 373 seq.; Vict. De Orig. 22). That the Fabii belonged to the Hill-Romans is shown by the sacrifice of their gens on the Quirinal (Liv. v. 46, 52), whether that sacrifice may or may not have been connected with the Lupercalia. Moreover, the Lupercus of the former college is called in inscriptions (Orelli, 2253) Lupercus Quinctialis vetus; and the praenomen Kaeso, which was most probably connected with the Lupercal worship (see Rom. Forschungen, i. 17), is found exclusively among the Quinctii and Fabii: the form commonly occurring in authors, Lupercus Quinctilius and Quinctilianus, is therefore a misnomer, and the college belonged not to the comparatively recent Quinctilii, but to the far older Quinctii. When, again, the Quinctii (Liv. i. 30), or Quinctilii (Dion. iii. 29), are named among the Alban clans, the latter reading is here to be preferred, and the Quinctii are to be regarded rather as an old Roman gens.

6. Although the name "Hill of Quirinus" was afterwards ordinarily used to designate the height where the Hill-Romans had their abode, we need not at all on that account regard the name "Quirites" as having been originally reserved for the burgesses on the Quirinal. For, as has been shown, all the earliest indications point, as regards these, to the name Collini; while it is indisputably certain that the name Quirites denoted from the first, as well as subsequently, simply the full burgess, and had no connection with the distinction between montani and collini (comp. chap. v. infra). The later designation of the Quirinal rests on the circumstance that, while the Mars quirinusthe spear-bearing god of Death, was originally worshipped as well on the Palatine as on the Quirinal - as indeed the oldest inscriptions found at what was afterwards called the Temple of Quirinus designate this divinity simply as Mars, - at a later period for the sake of distinction the god of the Mount-Romans more especially was called Mars, the god of the Hill Romans more especially Quirinus.

When the Quirinal is called collis agonalis, "hill of sacrifice," it is so designated merely as the centre of the religious rites of the Hill-Romans.

7. The evidence alleged for this (comp. e. g. Schwegler, S. G. i. 480) mainly rests on an etymologico-historical hypothesis started by Varro and as usual unanimously echoed by later writers, that the Latin quirisand quirinus are akin to the name of the Sabine town Cures, and that the Quirinal hill accordingly had been peopled from CuresEven if the linguistic affinity of these words were more assured, there would be little warrant for deducing from it such a historical inference. That the old sanctuaries on this eminence (where, besides, there was also a "Collis Latiaris") were Sabine, has been asserted, but has not been proved. Mars quirinus, Sol, Salus, Flora, Semo Sancus or Deus fidius were doubtless Sabine, but they were also Latin, divinities, formed evidently during the epoch when Latins and Sabines still lived undivided. If a name like that of Semo Sancus (which moreover occurs in connection with the Tiber-island) is especially associated with the sacred places of the Quirinal which afterwards diminished in its importance (comp. the Porta Sanqualis deriving its name therefrom), every unbiassed inquirer will recognize in such a circumstance only a proof of the high antiquity of that worship, not a proof of its derivation from a neighbouring land. In so speaking we do not mean to deny that it is possible that old distinctions of race may have co-operated in producing this state of things; but if such was the case, they have, so far as we are concerned, totally disappeared, and the views current among our contemporaries as to the Sabine element in the constitution of Rome are only fitted seriously to warn us against such baseless speculations leading to no result.

CHAPTER V The Original Constitution of Rome

1. This was not merely the case under the old religious marriage (matrimonium confarreatione); the civil marriage also (matrimonium consensu), although not in itself giving to the husband proprietary power over his wife, opened up the way for his acquiring this proprietary power, inasmuch as the legal ideas of "formal delivery" (coemptio), and "prescription" (usus), were applied without ceremony to such a marriage. Till he acquired it, and in particular therefore during the period which elapsed before the completion of the prescription, the wife was (just as in the later marriage by -causae probatio-, until that took place), not uxor, but pro uxore. Down to the period when Roman jurisprudence became a completed system the principle maintained its ground, that the wife who was not in her husband's power was not a married wife, but only passed as such (uxor tantummodo habetur. Cicero, Top. 3, 14).

2. The following epitaph, although belonging to a much later period, is not unworthy to have a place here. It is the stone that speaks: Hospes, quod deico, paullum est. Asta ac pellige. Heic est sepulcrum haud pulcrum pulcrai feminae, Nomen parentes nominarunt Claudiam, Suom mareitum corde dilexit sovo, Gnatos duos creavit, horunc alterum In terra linquit, alium sub terra locat; Sermone lepido, tum autem incessu commodo, Domum servavit, lanam fecit. Dixi. Abei. (Corp. Inscr. Lat. 1007.)

Still more characteristic, perhaps, is the introduction of wool-spinning among purely moral qualities; which is no very unusual occurrence in Roman epitaphs. Orelli, 4639: optima et pulcherrima, lanifica pia pudica frugi casta domiseda. Orelli, 4861: modestia probitate pudicitia obsequio lanificio diligentia fide par similisque cetereis probeis femina fuit. Epitaph of Turia, i. 30: domestica bona pudicitiae, opsequi, comitatis, facilitatis, lanificiis [tuis adsiduitatis, religionis] sine superstitione, ornatus non conspiciendi, cultus modici.

3. I. III. Clan-villages

4. Dionysius affirms (v. 25) that lameness excluded from the supreme magistracy. That Roman citizenship was a condition for the regal office as well as for the consulate, is so very self-evident as to make it scarcely worth while to repudiate expressly the fictions respecting the burgess of Cures.

5. I. III. Clan-villages

6. Even in Rome, where the simple constitution of ten curies otherwise early disappeared, we still discover one practical application of it, and that singularly enough in the very same formality which we have other reasons for regarding as the oldest of all those that are mentioned in our legal traditions, the confarreatio. It seems scarcely doubtful that the ten witnesses in that ceremony had the same relation to the constitution of ten curies the thirty lictors had to the constitution of thirty curies.

7. This is implied in their very name. The "part" (tribus) is, as jurists know, simply that which has once been or may hereafter come to be a whole, and so has no real standing of its own in the present.

8. I. II. Primitive Races of Italy

9. Quiris, quiritis, or quirinus is interpreted by the ancients as "lance-bearer", from quiris or curis = lance and ire, and so far in their view agrees with samnis, samnitis and sabinus, which also among the ancients was derived from saunion, spear. This etymology, which associates the word with arquites, milites, pedites, equites, velites - those respectively who go with the bow, in bodies of a thousand, on foot, on horseback, without armour in their mere over-garment - may be incorrect, but it is bound up with the Roman conception of a burgess. So too Juno quiritis, (Mars) quirinus, Janus quirinus, are conceived as divinities that hurl the spear; and, employed in reference to men, quiris is the warrior, that is, the full burgess. With this view the usus loquendi coincides. Where the locality was to be referred to, "Quirites" was never used, but always "Rome" and "Romans" (urbs Roma, populus, civis, ager Romanus), because the term quiris had as little of a local meaning as civis or miles. For the same reason these designations could not be combined; they did not say civis quiris, because both denoted, though from different points of view, the same legal conception. On the other hand the solemn announcement of the funeral of a burgess ran in the words "this warrior has departed in death" (ollus quiris leto datus); and in like manner the king addressed the assembled community by this name, and, when he sat in judgment, gave sentence according to the law of the warrior-freemen (ex iure quiritium, quite similar to the later ex iure civili). The phrase populus Romanus, quirites (populus Romanus quiritium is not sufficiently attested), thus means "the community and the individual burgesses," and therefore in an old formula (Liv. i. 32) to the populus Romanus are opposed the prisci Latini, to the quirites the homines prisci Latini(Becker, Handb. ii. 20 seq.)

In the face of these facts nothing but ignorance of language and of history can still adhere to the idea that the Roman community was once confronted by a Quirite community of a similar kind, and that after their incorporation the name of the newly received community supplanted in ritual and legal phraseology that of the receiver. - Comp. iv. The Hill-Romans On The Quirinal, note.

10. Among the eight ritual institutions of Numa, Dionysius (ii. 64) after naming the Curiones and Flamines, specifies as the third the leaders of the horsemen (oi eigemones ton Kelerion). According to the Praenestine calendar a festival was celebrated at the Comitium on the 19th March [adstantibus pon]tificibus et trib(unis) celer(um). Valerius Antias (in Dionys. i. 13, comp. iii. 41) assigns to the earliest Roman cavalry a leader, Celer, and three centurions; whereas in the treatise De viris ill. i, Celer himself is termed centurio. Moreover Brutus is affirmed to have been tribunus celerum at the expulsion of the kings (Liv. i. 59), and according to Dionysius (iv. 71) to have even by virtue of this office made the proposal to banish the Tarquins. And, lastly, Pomponius (Dig. i. 2, 2, 15, 19) and Lydus in a similar way, partly perhaps borrowing from him (De Mag. i. 14, 37), identify the tribunus celerum with the Celer of Antias, the magister equitum of the dictator under the republic, and the Praefectus praetorio of the empire. Of these-the only statements which are extant regarding the tribuni celerum - the last mentioned not only proceeds from late and quite untrustworthy authorities, but is inconsistent with the meaning of the term, which can only signify "divisional leaders of horsemen," and above all the master of the horse of the republican period, who was nominated only on extraordinary occasions and was in later times no longer nominated at all, cannot possibly have been identical with the magistracy that was required for the annual festival of the 19th March and was consequently a standing office. Laying aside, as we necessarily must, the account of Pomponius, which has evidently arisen solely out of the anecdote of Brutus dressed up with ever-increasing ignorance as history, we reach the simple result that the tribuni celerum entirely correspond in number and character to the tribuni militum, and that they were the leaders-of-division of the horsemen, consequently quite distinct from the magister equitum.

11. This is indicated by the evidently very old forms velites and arquites and by the subsequent organization of the legion.

12. I. V. The King

13. I. IV. The Tibur and Its Traffic

14.Lex ("that which binds," related to legare, "to bind to something") denotes, as is well known, a contract in general, along, however, with the connotation of a contract whose terms the proposer dictates and the other party simply accepts or declines; as was usually the case, e. g. with public licitationes. In the lex publica populi Romani the proposer was the king, the acceptor the people; the limited co-operation of the latter was thus significantly indicated in the very language.

CHAPTER VI The Non-Burgesses and the Reformed Constitution

1. I. V. Dependents of the Household

2.Habuit plebem in clientelas principium descriptam. Cicero, de Rep. ii. 9.

3. I. III. The Latin League

4. The enactments of the Twelve Tables respecting usus show clearly that they found the civil marriage already in existence. In like manner the high antiquity of the civil marriage is clearly evident from the fact that it, equally with the religious marriage, necessarily involved the marital power (v. The House-father and His Household), and only differed from the religious marriage as respected the manner in which that power was acquired. The religious marriage itself was held as the proprietary and legally necessary form of acquiring a wife; whereas, in the case of civil marriage, one of the general forms of acquiring property used on other occasions - delivery on the part of a person entitled to give away, or prescription - was requisite in order to lay the foundation of a valid marital power.

5. I. V. The House-father and His Household.

6.Hufe, hide, as much as can be properly tilled with one plough, called in Scotland a plough-gate.

7. For the same reason, when the levy was enlarged after the admission of the Hill-Romans, the equites were doubled, while in the infantry force instead of the single "gathering" (legio) two legions were called out (vi. Amalgamation of the Palatine and Quirinal Cities).

8. I. IV. Oldest Settlements In the Palatine and Suburan Regions

9. I. V. Burdens of the Burgesses

10.velites, see v. Burdens of the Burgesses, note

11. I. V. Rights of the Burgesses

12. Even about 480, allotments of land of seven jugera appeared to those that received them small (Val. Max. iii. 3, 5; Colum. i, praef. 14; i. 3, ii; Plin. H. N. xviii. 3, 18: fourteen jugera, Victor, 33; Plutarch, Apophth. Reg. et Imp. p. 235 Dubner, in accordance with which Plutarch, Crass. 2, is to be corrected). A comparison of the Germanic proportions gives the same result. The jugerum and the morgen [nearly 5/8 of an English acre], both originally measures rather of labour than of surface, may be looked upon as originally identical. As the German hide consisted ordinarily of 30, but not unfrequently of 20 or 40 morgen, and the homestead frequently, at least among the Anglo-Saxons, amounted to a tenth of the hide, it will appear, taking into account the diversity of climate and the size of the Roman heredium of 2 jugera, that the hypothesis of a Roman hide of 20 jugera is not unsuitable to the circumstances of the case. It is to be regretted certainly that on this very point tradition leaves us without precise information.

13. The analogy also between the so-called Servian constitution and the treatment of the Attic metoeci deserves to be particularly noticed. Athens, like Rome, opened her gates at a comparatively early period to the metoeci, and afterwards summoned them also to share the burdens of the state. We cannot suppose that any direct connection existed in this instance between Athens and Rome; but the coincidence serves all the more distinctly to show how the same causes - urban centralization and urban development - everywhere and of necessity produce similar effects.

CHAPTER VII The Hegemony of Rome in Latium

1. I. IV. Earliest Limits of the Roman Territory

2. The formulae of accursing for Gabii and Fidenae are quite as characteristic (Macrob. Sat. iii. 9). It cannot, however, be proved and is extremely improbable that, as respects these towns, there was an actual historical accursing of the ground on which they were built, such as really took place at Veii, Carthage, and Fregellae. It may be conjectured that old accursing formularies were applied to those two hated towns, and were considered by later antiquaries as historical documents.

3. But there seems to be no good ground for the doubt recently expressed in a quarter deserving of respect as to the destruction of Alba having really been the act of Rome. It is true, indeed, that the account of the destruction of Alba is in its details a series of improbabilities and impossibilities; but that is true of every historical fact inwoven into legend. To the question as to the attitude of the rest of Latium towards the struggle between Rome and Alba, we are unable to give an answer; but the question itself rests on a false assumption, for it is not proved that the constitution of the Latin league absolutely prohibited a separate war between two Latin communities (I. III. The Latin League). Still less is the fact that a number of Alban families were received into the burgess-union of Rome inconsistent with the destruction of Alba by the Romans. Why may there not have been a Roman party in Alba just as there was in Capua? The circumstance, however, of Rome claiming to be in a religious and political point of view the heir-at-law of Alba may be regarded as decisive of the matter; for such a claim could not be based on the migration of individual clans to Rome, but could only be based, as it actually was, on the conquest of the town.

4. I. VI. Amalgamation of the Palatine and Quirinal Cities

5. Hence was developed the conception, in political law, of the maritime colony or colony of burgesses (colonia civium Romanorum), that is, of a community separate in fact, but not independent or possessing a will of its own in law; a community which merged in the capital as the peculium of the son merged in the property of the father, and which as a standing garrison was exempt from serving in the legion.

6. To this the enactment of the Twelve Tables undoubtedly has reference: Nex [i mancipiique] forti sanatique idem ius esto, that is, in dealings of private law the "sound" and the "recovered" shall be on a footing of equality. The Latin allies cannot be here referred to, because their legal position was defined by federal treaties, and the law of the Twelve Tables treated only of the law of Rome. The sanates were the Latini prisci cives Romanior in other words, the communities of Latium compelled by the Romans to enter the plebeiate.

7. The community of Bovillae appears even to have been formed out of part of the Alban domain, and to have been admitted in room of Alba among the autonomous Latin towns. Its Alban origin is attested by its having been the seat of worship for the Julian gens and by the name Albani Longani Bovillenses (Orelli-Henzen, 119, 2252, 6019); its autonomy by Dionysius, v. 61, and Cicero, pro Plancio, 9, 23.

8. I. III. The Latin League

9. I. III. The Latin League

10. Both names, although afterwards employed as local names (capitoliumbeing applied to the summit of the stronghold-hill that lay next to the river, arx to that next to the Quirinal), were originally appellatives, corresponding exactly to the Greek akra and koruphei every Latin town had its capitolium as well as Rome. The local name of the Roman stronghold-hill was mons Tarpeius.

11. The enactment ne quis patricius in arce aut capitolio habitaret probably prohibited only the conversion of the ground into private property, not the construction of dwelling-houses. Comp. Becker, Top. p. 386.

12. For the chief thoroughfare, the Via Sacra led from that quarter to the stronghold; and the bending in towards the gate may still be clearly recognized in the turn which this makes to the left at the arch of Severus. The gate itself must have disappeared under the huge structures which were raised in after ages on the Clivus. The so-called gate at the steepest part of the Capitoline Mount, which is known by the name of Janualis or Saturnia, or the "open," and which had to stand always open in times of war, evidently had merely a religious significance, and never was a real gate.

13. Four such guilds are mentioned [1] the Capitolini (Cicero, ad Q. fr. ii. 5, 2), with magistri of their own (Henzen, 6010, 6011), and annual games (Liv. v. 50; comp. Corp. Inscr. Lat. i. n. 805); [2] the Mercuriales (Liv. ii. 27; Cicero, l. c.; Preller, Myth. p. 597) likewise with magistri (Henzen, 6010), the guild from the valley of the Circus, where the temple of Mercury stood; [3] the pagani Aventinenses likewise with magistri (Henzen, 6010); and [4] the pagani pagi Ianiculensislikewise with magistri C. I. L. i. n. 801, 802). It is certainly not accidental that these four guilds, the only ones of the sort that occur in Rome, belong to the very two hills excluded from the four local tribes but enclosed by the Servian wall, the Capitol and the Aventine, and the Janiculum belonging to the same fortification; and connected with this is the further fact that the expression montani paganive is employed as a designation of the whole inhabitants in connection with the city (comp. besides the well-known passage, Cic. de Domo, 28, 74, especially the law as to the city aqueducts in Festus, v. sifus, p. 340; [mon]tani paganive si[fis aquam dividunto]). The montani, properly the inhabitants of the three regions of the Palatine town (iv. The Hill-Romans On the Quirinal), appear to be here put a potiorifor the whole population of the four regions of the city proper. The pagani are, undoubtedly, the residents of the Aventine and Janiculum not included in the tribes, and the analogous collegiaof the Capitol and the Circus valley.

14. The "Seven-hill-city" in the proper and religious sense was and continued to be the narrower Old-Rome of the Palatine (iv. The Palatine City). Certainly the Servian Rome also regarded itself, at least as early as the time of Cicero (comp. e. g. Cic. ad Att. vi. 5, 2; Plutarch, Q. Rom. 69), as "Seven-hill-city," probably because the festival of the Septimontium, which was celebrated with great zeal even under the Empire, began to be regarded as a festival for the city generally; but there was hardly any definite agreement reached as to which of the heights embraced by the Servian ring-wall belonged to the "seven." The enumeration of the Seven Mounts familiar to us, viz. Palatine, Aventine, Caelian, Esquiline, Viminal, Quirinal, Capitoline, is not given by any ancient author. It is put together from the traditional narrative of the gradual rise of the city (Jordan, Topographie, ii. 206 seq.), and the Janiculum is passed over in it, simply because otherwise the number would come out as eight. The earliest authority that enumerates the Seven Mounts (montes) of Rome is the description of the city from the age of Constantine the Great. It names as such the Palatine, Aventine, Caelian, Esquiline, Tarpeian, Vatican, and Janiculum, - where the Quirinal and Viminal are, evidently as collesomitted, and in their stead two "montes" are introduced from the right bank of the Tiber, including even the Vatican which lay outside of the Servian wall. Other still later lists are given by Servius (ad Aen. vi. 783), the Berne Scholia to Virgil's Georgics (ii. 535), and Lydus (de Mens. p. 118, Bekker).

15. Both the situation of the two temples, and the express testimony of Dionysius, ii. 65, that the temple of Vesta lay outside of the Roma quadrata, prove that these structures were connected with the foundation not of the Palatine, but of the second (Servian) city. Posterity reckoned this regia with the temple of Vesta as a scheme of Numa; but the cause which gave rise to that hypothesis is too manifest to allow of our attaching any weight to it.

16. I. VII. Relation of Rome to Latium

17. I. VI. Time and Occasion of the Reform

CHAPTER VIII The Umbro-Sabellian Stocks - Beginnings of the Samnites

1. In the alphabet the - "id:r" especially deserves notice, being of the Latin (-"id:R") and not of the Etruscan form (-"id:D"), and also the - "id:z" (- "id:XI"); it can only be derived from the primitive Latin, and must very faithfully represent it. The language likewise has close affinity with the oldest Latin; Marci Acarcelini he cupa, that is, Marcius Acarcelinius heic cubat: Menerva A. Cotena La. f...zenatuo sentem... dedet cuando... cuncaptum, that is, Minervae A(ulus?) Cotena La(rtis) f(ilius) de senatus sententia dedit quando (perhaps=olim) conceptum. At the same time with these and similar inscriptions there have been found some others in a different character and language, undoubtedly Etruscan.

2. I. IV. Tities, Luceres

CHAPTER IX The Etruscans

1.Ras-ennac, with the gentile termination mentioned below.

2. To this period belong e. g. inscriptions on the clay vases of umaramlisia(-"id:theta")ipurenaie(-"id:theta")eeraisieepanamine(-"id:theta")unastavhelefu or mi ramu (-"id:theta") af kaiufinaia.

3. We may form some idea of the sound which the language now had from the commencement of the great inscription of Perusia; eulat tanna laresul ameva(-"id:chi")r lautn vel(-"id:theta")inase stlaafunas slele(-"id:theta")caru.

4. Such as Maecenas, Porsena, Vivenna, Caecina, Spurinna. The vowel in the penult is originally long, but in consequence of the throwing back of the accent upon the initial syllable is frequently shortened and even rejected. Thus we find Porse(n)na as well as Porsena, and Ceicne as well as Caecina.

5. I. VIII. Umbro-Sabellian Migration

6. I. VIII. Their Political Development

7. I. VIII. Their Political Development

8. I. IV. Oldest Settlements in the Palatine and Suburan Regions

CHAPTER X The Hellenes in Italy - Maritime Supremacy of the Tuscans and Carthaginians

1. Whether the name of Graeci was originally associated with the interior of Epirus and the region of Dodona, or pertained rather to the Aetolians who perhaps earlier reached the western sea, may be left an open question; it must at a remote period have belonged to a prominent stock or aggregate of stocks of Greece proper and have passed over from these to the nation as a whole. In the Eoai of Hesiod it appears as the older collective name for the nation, although it is manifest that it is intentionally thrust aside and subordinated to that of Hellenes. The latter does not occur in Homer, but, in addition to Hesiod, it is found in Archilochus about the year 50, and it may very well have come into use considerably earlier (Duncker, Gesch. d. Alt. iii. 18, 556). Already before this period, therefore, the Italians were so widely acquainted with the Greeks that that name, which early fell into abeyance in Hellas, was retained by them as a collective name for the Greek nation, even when the latter itself adopted other modes of self-designation. It was withal only natural that foreigners should have attained to an earlier and clearer consciousness of the fact that the Hellenic stocks belonged to one race than the latter themselves, and that hence the collective designation should have become more definitely fixed among the former than with the latter - not the less, that it was not taken directly from the well-known Hellenes who dwelt the nearest to them. It is difficult to see how we can reconcile with this fact the statement that a century before the foundation of Rome Italy was still quite unknown to the Greeks of Asia Minor. We shall speak of the alphabet below; its history yields entirely similar results. It may perhaps be characterized as a rash step to reject the statement of Herodotus respecting the age of Homer on the strength of such considerations; but is there no rashness in following implicitly the guidance of tradition in questions of this kind?

2. Thus the three old Oriental forms of the -"id:i" (-"id:S"), -"id:l" (-"id:/\") and -"id:r" (--"id:P"), for which as apt to be confounded with the forms of the -"id:s", -"id:g", and -"id:p" the signs -"id:I") -"id:L" -"id:R") were early proposed to be substituted, remained either in exclusive or in very preponderant use among the Achaean colonies, while the other Greeks of Italy and Sicily without distinction of race used exclusively or at any rate chiefly the more recent forms.

3. E. g. the inscription on an earthen vase of Cumae runs thus: Tataies emi lequthos Fos d'an me klephsei thuphlos estai.

4. Among Greek writers this Tyrrhene legend of Odysseus makes its earliest appearance in the Theogony of Hesiod, in one of its more recent sections, and thereafter in authors of the period shortly before Alexander, Ephorus (from whom the so-called Scymnus drew his materials), and the writer known as Scylax. The first of these sources belongs to an age when Italy was still regarded by the Greeks as a group of islands, and is certainly therefore very old; so that the origin of these legends may, on the whole, be confidently placed in the regal period of Rome.

5. I. X. Phoenicians in Italy, I. X. Relations of the Western Italians to the Greeks

6. I. X. Relations of Italy with Other Lands

7. I. X. Phoenicians in Italy

8. The Phoenician name was Karthada; the Greek, Karchedon; the Roman, Cartago.

9. The name Afri, already current in the days of Ennius and Cato (comp. Scipio Africanus), is certainly not Greek, and is most probably cognate with that of the Hebrews.

10. The adjective Sarranus was from early times applied by the Romans to the Tyrian purple and the Tyrian flute; and Sarranus was in use also as a surname, at least from the time of the war with Hannibal. Sarra, which occurs in Ennius and Plautus as the name of the city, was perhaps formed from Sarranus, not directly from the native name Sor. The Greek form, Tyrus, Tyriusseems not to occur in any Roman author anterior to Afranius (ap. Fest. p. 355 M.). Compare Movers, Phon. ii. x, 174.

CHAPTER XI Law and Justice

1. This "chariot-seat" - philologically no other explanation can well be given (comp. Servius ad Aen. i. 16) - is most simply explained by supposing that the king alone was entitled to ride in a chariot within the city (v. The King) - whence originated the privilege subsequently accorded to the chief magistrate on solemn occasions - and that originally, so long as there was no elevated tribunal, he gave judgment, at the comitium or wherever else he wished, from the chariot-seat.

2. I. V. The Housefather and His Household

3. The story of the death of king Tatius, as given by Plutarch (Rom. 23, 24), viz. that kinsmen of Tatius had killed envoys from Laurentum; that Tatius had refused the complaint of the kinsmen of the slain for redress; that they then put Tatius to death; that Romulus acquitted the murderers of Tatius, on the ground that murder had been expiated by murder; but that, in consequence of the penal judgments of the gods that simultaneously fell upon Rome and Laurentum, the perpetrators of both murders were in the sequel subjected to righteous punishment - this story looks quite like a historical version of the abolition of blood-revenge, just as the introduction of the provocatio lies at the foundation of the myth of the Horatii. The versions of the same story that occur elsewhere certainly present considerable variations, but they seem to be confused or dressed up.

4. The mancipatio in its developed form must have been more recent than the Servian reform, as the selection of mancipable objects, which had for its aim the fixing of agricultural property, shows, and as even tradition must have assumed, for it makes Servius the inventor of the balance. But in its origin the mancipatio must be far more ancient; for it primarily applies only to objects which are acquired by grasping with the hand, and must therefore in its earliest form have belonged to the epoch when property consisted essentially in slaves and cattle (familia pecuniaque). The enumeration of those objects which had to be acquired by mancipatio, falls accordingly to be ranked as a Servian innovation; the mancipatio itself, and consequently the use also of the balance and of copper, are older. Beyond doubt mancipatio was originally the universal form of purchase, and occurred in the case of all articles even after the Servian reform; it was only a misunderstanding of later ages which put upon the rule, that certain articles had to be transferred by mancipatio, the construction that these articles only and no others could be so transferred.

5. Viz. for the year of ten months one twelfth part of the capital (uncia), which amounts to 8 1/3 per cent for the year of ten, and 10 per cent for the fear of twelve, months.

6. I. VII. Relation of Rome to Latium

7. I. VI. Dependents and Guests.

8. I. VII. Relation of Rome to Latium

9. I. VI. Class of Metoeci Subsisting by the Side of the Community

CHAPTER XII Religion

1. I. II. Religion

2. This was, to all appearance, the original nature of the "morning-mother" or Mater matuta; in connection with which we may recall the circumstance that, as the names Lucius and especially Manius show, the morning hour was reckoned as lucky for birth. Mater matuta probably became a goddess of sea and harbour only at a later epoch under the influence of the myth of Leucothea; the fact that the goddess was chiefly worshipped by women tells against the view that she was originally a harbour-goddess.

3. From Maurs, which is the oldest form handed down by tradition, there have been developed by different treatment of the -u Mars, Mavors, Mors; the transition to -o (similar to Paula, Pola, and the like) appears also in the double form Mar-Mor (comp. Ma-murius) alongside of Mar-Mor and Ma-Mers.

4. The facts, that gates and doors and the morning (ianus matutinus) were sacred to Ianus, and that he was always invoked before any other god and was even represented in the series of coins before Jupiter and the other gods, indicate unmistakeably that he was the abstraction of opening and beginning. The double-head looking both ways was connected with the gate that opened both ways. To make him god of the sun and of the year is the less justifiable, because the month that bears his name was originally the eleventh, not the first; that month seems rather to have derived its name from the circumstance, that at this season after the rest of the middle of winter the cycle of the labours of the field began afresh. It was, however, a matter of course that the opening of the year should also be included in the sphere of Ianus, especially after Ianuarius came to be placed at its head.

5. I. IV. Tities and Luceres

6. I. VI. Amalgamation of the Palatine and Quirinal Cities

7. I. VII. Servian Wall

8. I. III. Latium

9. I. VII. Relation of Rome to Latium

10. I. V. Burdens of the Burgesses, I. XI. Crimes

11. The clearest evidence of this is the fact, that in the communities organized on the Latin scheme augurs and Pontifices occur everywhere (e. g. Cic. de Lege Agr. ii. 35, 96, and numerous inscriptions), as does likewise the pater patratus of the Fetiales in Laurentum (Orelli, 2276), but the other colleges do not. The former, therefore, stand on the same footing with the constitution of ten curies and the Flamines, Salii, and Luperci, as very ancient heirlooms of the Latin stock; whereas the Duoviri sacris faciundis, and the other colleges, like the thirty curies and the Servian tribes and centuries, originated in, and remained therefore confined to, Rome. But in the case of the second college - the pontifices - the influence of Rome probably led to the introduction of that name into the general Latin scheme instead of some earlier - perhaps more than one - designation; or - a hypothesis which philologically has much in its favour - pons originally signified not "bridge," but "way" generally, and pontifex therefore meant "constructor of ways."

The statements regarding the original number of the augurs in particular vary. The view that it was necessary for the number to be an odd one is refuted by Cicero (de Lege Agr. ii. 35, 96); and Livy (x. 6) does not say so, but only states that the number of Roman augurs had to be divisible by three, and so must have had an odd number as its basis. According to Livy (l. c.) the number was six down to the Ogulnian law, and the same is virtually affirmed by Cicero (de Rep. ii. 9, 14) when he represents Romulus as instituting four, and Numa two, augural stalls. On the number of the pontifices comp. Staatsrecht, ii. 20.

12. It is only an unreflecting misconception that can discover in this usage a reminiscence of ancient human sacrifices.

13. I. XII. Nature of the Roman Gods

14. I. XII. Priests

15.Sors from serere, to place in row. The sortes were probably small wooden tablets arranged upon a string, which when thrown formed figures of various kinds; an arrangement which puts one in mind of the Runic characters.

16. I. X. Hellenes and Latins

17. I. VII. Servian Wall

18. I. II. Indo-Germanic Culture

19. I. IV. Tities and Luceres

CHAPTER XIII Agriculture, Trade, and Commerce

1. I. II. Agriculture

2. I. III. Clan Villages, I. V. The Community

3. The system which we meet with in the case of the Germanic joint tillage, combining a partition of the land in property among the clansmen with its joint cultivation by the clan, can hardly ever have existed in Italy. Had each clansman been regarded in Italy, as among the Germans, in the light of proprietor of a particular spot in each portion of the collective domain that was marked off for tillage, the separate husbandry of later times would probably have set out from a minute subdivision of hides. But the very opposite was the case; the individual names of the Roman hides (fundus Cornelianus) show clearly that the Roman proprietor owned from the beginning a possession not broken up but united.

4. Cicero (de Rep. ii. 9, 14, comp. Plutarch, Q. Rom. 15) states: Tum (in the time of Romulus) erat res in pecore et locorum possessionibus, ex quo pecuniosi et locupletes vocabantur - (Numa) primum agros, quos bello Romulus ceperat, divisit viritim civibus. In like manner Dionysius represents Romulus as dividing the land into thirty curial districts, and Numa as establishing boundary-stones and introducing the festival of the Terminalia (i. 7, ii. 74; and thence Plutarch, Numa, 16).

5. I. XI. Contracts

6. Since this assertion still continues to be disputed, we shall let the numbers speak for themselves. The Roman writers on agriculture of the later republic and the imperial period reckon on an average five modii of wheat as sufficient to sow a jugerum, and the produce as fivefold. The produce of a heredium accordingly (even when, without taking into view the space occupied by the dwelling-house and farm-yard, we regard it as entirely arable land, and make no account of years of fallow) amounts to fifty, or deducting the seed forty, modii. For an adult hard-working slave Cato (c. 56) reckons fifty-one modii of wheat as the annual consumption. These data enable any one to answer for himself the question whether a Roman family could or could not subsist on the produce of a heredium. The attempted proof to the contrary is based on the ground that the slave of later times subsisted more exclusively on corn than the free farmer of the earlier epoch, and that the assumption of a fivefold return is one too low for this earlier epoch; both assumptions are probably correct, but for both there is a limit. Doubtless the subsidiary produce yielded by the arable land itself and by the common pasture, such as figs, vegetables, milk, flesh (especially as derived from the old and zealously pursued rearing of swine), and the like, are specially to be taken into account for the older period; but the older Roman pastoral husbandry, though not unimportant, was withal of subordinate importance, and the chief subsistence of the people was always notoriously grain. We may, moreover, on account of the thoroughness of the earlier cultivation obtain a very considerable increase, especially of the gross produce - and beyond doubt the farmers of this period drew a larger produce from their lands than the great landholders of the later republic and the empire obtained (iii. Latium); but moderation must be exercised in forming such estimates, because we have to deal with a question of averages and with a mode of husbandry conducted neither methodically nor with large capital. The assumption of a tenfold instead of a fivefold return will be the utmost limit, and yet it is far from sufficing. In no case can the enormous deficit, which is left even according to those estimates between the produce of the heredium and the requirements of the household, be covered by mere superiority of cultivation. In fact the counter-proof can only be regarded as successful, when it shall have produced a methodical calculation based on rural economics, according to which among a population chiefly subsisting on vegetables the produce of a piece of land of an acre and a quarter proves sufficient on an average for the subsistence of a family. It is indeed asserted that instances occur even in historical times of colonies founded with allotments of two jugera; but the only instance of the kind (Liv. iv. 47) is that of the colony of Labici in the year 336 - an instance, which will certainly not be reckoned (by such scholars as are worth the arguing with) to belong to the class of traditions that are trustworthy in their historical details, and which is beset by other very serious difficulties (see book ii. ch. 5, note). It is no doubt true that in the non-colonial assignation of land to the burgesses collectively (adsignatio viritana) sometimes only a few jugera were granted (as e. g. Liv. viii. ii, 21). In these cases however it was the intention not to create new farms with the allotments, but rather, as a rule, to add to the existing farms new parcels from the conquered lands (comp. C. I. L. i. p. 88). At any rate, any supposition is better than a hypothesis which requires us to believe as it were in a miraculous multiplication of the food of the Roman household. The Roman farmers were far less modest in their requirements than their historiographers; they themselves conceived that they could not subsist even on allotments of seven jugera or a produce of one hundred and forty modii.

7. I. VI. Time and Occasion of the Reform

8. Perhaps the latest, although probably not the last, attempt to prove that a Latin farmer's family might have subsisted on two jugera of land, finds its chief support in the argument that Varro (de R. R. i. 44, i) reckons the seed requisite for the jugerum at five modii of wheat but ten modii of spelt, and estimates the produce as corresponding to this, whence it is inferred that the cultivation of spelt yielded a produce, if not double, at least considerably higher than that of wheat. But the converse is more correct, and the nominally higher quantity sown and reaped is simply to be explained by the fact that the Romans garnered and sowed the wheat already shelled, but the spelt still in the husk (Pliny, H. N. xviii. 7, 61), which in this case was not separated from the fruit by threshing. For the same reason spelt is at the present day sown twice as thickly as wheat, and gives a produce twice as great by measure, but less after deduction of the husks. According to Wurtemberg estimates furnished to me by G. Hanssen, the average produce of the Wurtemberg morgen is reckoned in the case of wheat (with a sowing of 1/4 to 1/2 scheffel) at 3 scheffel of the medium weight of 275 Ibs. (= 825 Ibs.); in the case of spelt (with a sowing of 1/2 to 1 1/2 scheffel) at least 7 scheffel of the medium weight of 150 lbs. (= 1050 Ibs.), which are reduced by shelling to about 4 scheffel. Thus spelt compared with wheat yields in the gross more than double, with equally good soil perhaps triple the crop, but - by specific weight - before the shelling not much above, after shelling (as "kernel") less than, the half. It was not by mistake, as has been asserted, but because it was fitting in computations of this sort to start from estimates of a like nature handed down to us, that the calculation instituted above was based on wheat; it may stand, because, when transferred to spelt, it does not essentially differ and the produce rather falls than rises. Spelt is less nice as to soil and climate, and exposed to fewer risks than wheat; but the latter yields on the whole, especially when we take into account the not inconsiderable expenses of shelling, a higher net produce (on an average of fifty years in the district of Frankenthal in Rhenish Bavaria the malter of wheat stands at 11 gulden 3 krz., the malter of spelt at 4 gulden 30 krz.), and, as in South Germany, where the soil admits, the growing of wheat is preferred and generally with the progress of cultivation comes to supersede that of spelt, so the analogous transition of Italian agriculture from the culture of spelt to that of wheat was undeniably a progress.

9. I. II. Agriculture

10.Oleumand oliva are derived from elaion, elaia, and amurca (oil-less) from amorgei.

11. But there is no proper authority for the statement that the fig-tree which stood in front of the temple of Saturn was cut down in the year 260 (Plin. H. N. xv. 18, 77); the date CCLX. is wanting in all good manuscripts, and has been interpolated, probably with reference to Liv. ii. 21.

12. I. XI. Property

13. I. VI. Class of Metoeci Subsisting by the Side of the Community

14. I. XI. Guardianship

15. I. XII. Oldest Table of Roman Festivals

16. The comparative legal value of sheep and oxen, as is well known, is proved by the fact that, when the cattle-fines were converted into money-fines, the sheep was rated at ten, and the ox at a hundred asses (Festus, v. peculatus, p. 237, comp. pp. 34, 144; Gell. xi. i; Plutarch, Poplicola, ii). By a similar adjustment the Icelandic law makes twelve rams equivalent to a cow; only in this as in other instances the Germanic law has substituted the duodecimal for the older decimal system.

It is well known that the term denoting cattle was transferred to denote money both among the Latins (pecunia) and among the Germans (English fee).

17. I. XIV. Decimal System

18. There has lately been found at Praeneste a silver mixing-jug, with a Phoenician and a hieroglyphic inscription (Mon. dell Inst. x. plate 32), which directly proves that such Egyptian wares as come to light in Italy have found their way thither through the medium of the Phoenicians.

19. comp. I. XIII. Culture of the Olive

20.Velum is certainly of Latin origin; so is malus, especially as that term denotes not merely the mast, but the tree in general: antenna likewise may come from ana (anhelare, antestari), and tendere = supertensa. Of Greek origin, on the other hand, are gubenare, to steer (kubernan); ancora, anchor (agkura); prora, ship's bow (prora); aplustre, ship's stern (aphlaston); anquina, the rope fastening the yards (agkoina); nausea, sea-sickness (nausia). The four chief winds of the ancients - aquilo, the "eagle-wind," the north-easterly Tramontana; voltumus (of uncertain derivation, perhaps the "vulture-wind"), the south-easterly; auster the "scorching" southwest wind, the Sirocco; favonius, the "favourable" north-west wind blowing from the Tyrrhene Sea - have indigenous names bearing no reference to navigation; but all the other Latin names for winds are Greek (such as eurus, notus), or translations from the Greek (e.g. solanus = apelioteis, Africus = lips).

21. This meant in the first instance the tokens used in the service of the camp, the xuleiphia kata phulakein brachea teleos echonta charakteira (Polyb. vi. 35, 7); the four vigiliae of the night-service gave name to the tokens generally. The fourfold division of the night for the service of watching is Greek as well as Roman; the military science of the Greeks may well have exercised an influence - possibly through Pyrrhus (Liv. xxxv. 14) - in the organization of the measures for security in the Roman camp. The employment of the non-Doric form speaks for the comparatively late date at which theword was taken over.

22. I. XI. Character of the Roman Law

23. I. VII. Relation of Rome to Latium

24. I. X. Etruscan Commerce

25. I. XI. Clients and Foreigners, I. XIII. Commerce, in Latium Passive, in Etruria Active

26. I. X. Greek Cities Near Vesuvius

27. If we leave out of view Sarranus, Afer, and other local designations (I. X. Phoenicians and Italians in Opposition to the Hellenes), the Latin language appears not to possess a single word immediately derived in early times from the Phoenician. The very few words from Phoenician roots which occur in it, such as arrabo or arra and perhaps also murra, nardus, and the like, are plainly borrowed proximately from the Greek, which has a considerable number of such words of Oriental extraction as indications of its primitive intercourse with the Aramaeans. That elephas and ebur should have come from the same Phoenician original with or without the addition of the article, and thus have been each formed independently, is a linguistic impossibility, as the Phoenician article is in reality ha, and is not so employed; besides the Oriental primitive word has not as yet been found. The same holds true of the enigmatical word thesaurus; whether it may have been originally Greek or borrowed by the Greeks from the Phoenician or Persian, it is at any rate, as a Latin word, derived from the Greek, as the very retaining of its aspiration proves (xii. Foreign Worships).

28. Quintus Claudius, in a law issued shortly before 534, prohibited the senators from having sea-going vessels holding more than 300 amphorae (1 amph. = nearly 6 gallons): id satis habitum ad fructus ex agris vectandos; quaestus omnis patribus indecorus visus (Liv. xxi. 63). It was thus an ancient usage, and was still permitted, that the senators should possess sea-going vessels for the transport of the produce of their estates: on the other hand, transmarine mercantile speculation (quaestus, traffic, fitting-out of vessels, c.) on their part was prohibited. It is a curious fact that the ancient Greeks as well as the Romans expressed the tonnage of their sea-going ships constantly in amphorae; the reason evidently being, that Greece as well as Italy exported wine at a comparatively early period, and on a larger scale than any other bulky article.

CHAPTER XIV Measuring and Writing

1. I. II. Indo-Germanic Culture

2. I. II. Indo-Germanic Culture

3. I. XII. Inland Commerce of the Italians

4. I. II. Agriculture

5. I. XII. Priests

6. Originally both the actus, "riving," and its still more frequently occurring duplicate, the jugerum, "yoking," were, like the German "morgen," not measures of surface, but measures of labour; the latter denoting the day's work, the former the half-day's work, with reference to the sharp division of the day especially in Italy by the ploughman's rest at noon.

7. I. XIII. Etrusco-Attic and Latino-Sicilian Commerce

8. I. XII. Nature of the Roman Gods

9. From the same cause all the festival-days are odd, as well those recurring every month (kalendae on the 1st. nonae on the 5th or 7th, idus on the 13th or 15th), as also, with but two exceptions, those of the 45 annual festivals mentioned above (xii. Oldest Table Of Roman Festivals). This is carried so far, that in the case of festivals of several days the intervening even days were dropped out, and so, for example, that of Carmentis was celebrated on Jan. 11, 15, that of the Grove-festival (Lucaria) on July 19, 21, and that of the Ghosts-festival on May 9, 11, and 13.

10. I. XIV. Decimal System

11. The history of the alphabet among the Hellenes turns essentially on the fact that - assuming the primitive alphabet of 23 letters, that is to say, the Phoenician alphabet vocalized and enlarged by the addition of the -"id:u" - proposals of very various kinds were made to supplement and improve it, and each of these proposals has a history of its own. The most important of these, which it is interesting to keep in view as bearing on the history of Italian writing, are the following: I. The introduction of special signs for the sounds -"id:xi" -"id:phi" -"id:chi". This proposal is so old that all the Greek alphabets - with the single exception of that of the islands Thera, Melos, and Crete - and all alphabets derived from the Greek without exception, exhibit its influence. At first probably the aim was to append the signs -"id:CHI" = -"id:xi iota", -"id:PHI" = -"id:phi iota", and -"id:PSI"= -"id:chi iota" to the close of the alphabet, and in this shape it was adopted on the mainland of Hellas - with the exception of Athens and Corinth - and also among the Sicilian and Italian Greeks. The Greeks of Asia Minor on the other hand, and those of the islands of the Archipelago, and also the Corinthians on the mainland appear, when this proposal reached them, to have already had in use for the sound -"id:xi iota" the fifteenth sign of the Phoenician alphabet -"id:XI" (Samech); accordingly of the three new signs they adopted the -"id:PHI" for -"id:phi iota", but employed the -"id:CHI" not for -"id:xi iota", but for -"id:chi iota". The third sign originally invented for -"id:chi iota" was probably allowed in most instances to drop; only on the mainland of Asia Minor it was retained, but received the value of -"id:psi iota". The mode of writing adopted in Asia Minor was followed also by Athens; only in its case not merely the -"id:psi iota", but the -"id:xi iota" also, was not received and in their room the two consonants continued to be written as before. II. Equally early, if not still earlier, an effort was made to obviate the confusion that might so easily occur between the forms for -"id:iota S" and for -"id:s E"; for all the Greek alphabets known to us bear traces of the endeavour to distinguish them otherwise and more precisely. Already in very early times two such proposals of change must have been made, each of which found a field for its diffusion. In the one case they employed for the sibilant - for which the Phoenician alphabet furnished two signs, the fourteenth (-"id:/\/\") for -"id:sh" and the eighteenth (-"id:E") for -"id:s" - not the latter, which was in sound the more suitable, but the former; and such was in earlier times the mode of writing in the eastern islands, in Corinth and Corcyra, and among the Italian Achaeans. In the other case they substituted for the sign of -"id:i" the simple stroke -"id:I", which was by far the more usual, and at no very late date became at least so far general that the broken -"id:iota S" everywhere disappeared, although individual communities retained the -"id:s" in the form -"id:/\/\" alongside of the -"I". III. Of later date is the substitution of -"id:\/" for -"id:/\" (-"id:lambda") which might readily be confounded with -"id:GAMMA gamma". This we meet with in Athens and Boeotia, while Corinth and the communities dependent on Corinth attained the same object by giving to the -"id:gamma" the semicircular form -"id:C" instead of the hook-shape. IV. The forms for -"id:p" -"id:P (with broken-loop)" and -"id:r" -"id:P", likewise very liable to be confounded, were distinguished by transforming the latter into -"id:R"; which more recent form was not used by the Greeks of Asia Minor, the Cretans, the Italian Achaeans, and a few other districts, but on the other hand greatly preponderated both in Greece proper and in Magna Graecia and Sicily. Still the older form of the -"id:r" -"id:P" did not so early and so completely disappear there as the older form of the -"id:l"; this alteration therefore beyond doubt is to be placed later. V. The differentiating of the long and short -e and the long and short -o remained in the earlier times confined to the Greeks of Asia Minor and of the islands of the Aegean Sea. All these technical improvements are of a like nature and from a historical point of view of like value, in so far as each of them arose at a definite time and at a definite place and thereafter took its own mode of diffusion and found its special development. The excellent investigation of Kirchhoff (Studien zur Geschichte des griechischen Alphabets), which has thrown a clear light on the previously so obscure history of the Hellenic alphabet, and has also furnished essential data for the earliest relations between the Hellenes and Italians - establishing, in particular, incontrovertibly the previously uncertain home of the Etruscan alphabet - is affected by a certain one-sidedness in so far as it lays proportionally too great stress on a single one of these proposals. If systems are here to be distinguished at all, we may not divide the alphabets into two classes according to the value of the -"id:X" as -"id:zeta" or as -"id:chi", but we shall have to distinguish the alphabet of 23 from that of 25 or 26 letters, and perhaps further in this latter case to distinguish the Ionic of Asia Minor, from which the later common alphabet proceeded, from the common Greek of earlier times. In dealing, however, with the different proposals for the modification of the alphabet the several districts followed an essentially eclectic course, so that one was received here and another there; and it is just in this respect that the history of the Greek alphabet is so instructive, because it shows how particular groups of the Greek lands exchanged improvements in handicraft and art, while others exhibited no such reciprocity. As to Italy in particular we have already called attention to the remarkable contrast between the Achaean agricultural towns and the Chalcidic and Doric colonies of a more mercantile character (x. Iono-Dorian Towns); in the former the primitive forms were throughout retained, in the latter the improved forms were adopted, even those which coming from different quarters were somewhat inconsistent, such as the -"id:C" -"id:gamma" alongside of the -"id:\/" -"id:l". The Italian alphabets proceed, as Kirchhoff has shown, wholly from the alphabet of the Italian Greeks and in fact from the Chalcidico-Doric; but that the Etruscans and Latins received their alphabet not the one from the other but both directly from the Greeks, is placed beyond doubt especially by the different form of the -"id:r". For, while of the four modifications of the alphabet above described which concern the Italian Greeks (the fifth was confined to Asia Minor) the first three were already carried out before the alphabet passed to the Etruscans and Latins, the differentiation of -"id:p" and -"id:r" had not yet taken place when it came to Etruria, but on the other hand had at least begun when the Latins received it; for which reason the Etruscans do not at all know the form -"id:R" for -"id:r", whereas among the Faliscans and the Latins, with the single exception of the Dressel vase (XIV. Note 14 ), the younger form is met with exclusively.

12. I. XIII. Etrusco-Attic and Latino-Sicilian Commerce

13. That the Etruscans always were without the koppa, seems not doubtful; for not only is no sure trace of it to be met with elsewhere, but it is wanting in the model alphabet of the Galassi vase. The attempt to show its presence in the syllabarium of the latter is at any rate mistaken, for the syllabarium can and does only take notice of the Etruscan letters that were afterwards in common use, and to these the koppa notoriously did not belong; moreover the sign placed at the close cannot well from its position have any other value than that of the -f, which was in fact the last letter in the Etruscan alphabet, and which could not be omitted in a syllabarium exhibiting the variations of that alphabet from its model. It is certainly surprising that the koppa should be absent from the Greek alphabet that came to Etruria, when it otherwise so long maintained its place in the Chalcidico-Doric ; but this may well have been a local peculiarity of the town whose alphabet first reached Etruria. Caprice and accident have at all times had a share in determining whether a sign becoming superfluous shall be retained or dropped from the alphabet; thus the Attic alphabet lost the eighteenth Phoenician sign, but retained the others which had disappeared from the -u.

14. The golden bracelet of Praeneste recently brought to light (Mitth. der rom. Inst. 1887), far the oldest of the intelligible monuments of the Latin language and Latin writing, shows the older form of the -"id:m"; the enigmatic clay vase from the Quirinal (published by Dressel in the Annali dell Instituto, 1880) shows the older form of the -"id:r".

15. At this period we shall have to place that recorded form of the Twelve Tables, which subsequently lay before the Roman philologues, and of which we possess fragments. Beyond doubt the code was at its very origin committed to writing; but that those scholars themselves referred their text not to the original exemplar, but to an official document written down after the Gallic conflagration, is proved by the story of the Tables having undergone reproduction at that time. This enables us easily to explain how their text by no means exhibited the oldest orthography, which was not unknown to them; even apart from the consideration that in the case of such a written document, employed, moreover, for the purpose of being committed to memory by the young, a philologically exact transmission cannot possibly be assumed.

16. This is the inscription of the bracelet of Praeneste which has been mentioned at XIV, note 14. On the other hand even on the Ficoroni cista -"id:C" has the later form of -"id:K".

17. Thus -"id:C" represents Gaius; -"id:CN" Gnaeuswhile -"id:K" stands for Kaeso. With the more recent abbreviations of course this is not the case; in these -"id:gamma" is represented not by -"id:C", but by -"id:G" (GALGaleria), -"id:kappa", as a rule, by -"id:C" (CcentumCOSconsul; COLCollina), or before -"id:a" by -"id:K" (KARkarmetalia; MERKmerkatus). For they expressed for a time the sound -k before the vowels -e -i -o and before all consonants by -"id:C", before -a on the other hand by -"id:K", before -u by the old sign of the koppa -"id:Q".

18. If this view is correct, the origin of the Homeric poems (though of course not exactly that of the redaction in which we now have them) must have been far anterior to the age which Herodotus assigns for the flourishing of Homer (100 before Rome); for the introduction of the Hellenic alphabet into Italy, as well as the beginning of intercourse at all between Hellas and Italy, belongs only to the post-Homeric period.

19. Just as the old Saxon writan signifies properly to tear, thence to write.

20. The enigma as to how the Latins came to employ the Greek sign corresponding to -v for the -f quite different in sound, has been solved by the bracelet of Praeneste (XIV. Developments Of Alphabets in Italy, note) with its fhefhaked for fecit, and thereby at the same time the derivation of the Latin alphabet from the Chalcidian colonies of Lower Italy has been confirmed. For in a Boeotian inscription belonging to the same alphabet we find in the word fhekadamoe (Gustav Meyer, Griech. Grammatik, sec. 244, ap. fin.) the same combination of sound, and an aspirated v might certainly approximate in sound to the Latin -f.

CHAPTER XV Art

1. I. XII. Priests

2. I. XIII. Handicrafts

3. Thus Cato the Elder (de R. R. 160) gives as potent against sprains the formula: hauat hauat hauat ista pista sista damia bodannaustra, which was presumably quite as obscure to its inventor as it is to us. Of course, along with these there were also formulae of words; e. g. it was a remedy for gout, to think, while fasting, on some other person, and thrice nine times to utter the words, touching the earth at the same time and spitting: "I think of thee, mend my feet. Let the earth receive the ill, let health with me dwell" (terra pestem teneto, salus hie maneto. Varro de R. R. i. 2, 27).

4. Each of the first five lines was repeated thrice, and the call at the close five times. Various points in the interpretation are uncertain, particularly as respects the third line. - The three inscriptions of the clay vase from the Quirinal (p. 277, note) run thus: iove sat deiuosqoi med mitat nei ted endo gosmis uirgo sied - asted noisi ope toilesiai pakariuois - duenos med faked (= bonus me fecit) enmanom einom dze noine (probably = die noni) med malo statod. Only individual words admit of being understood with certainty; it is especially noteworthy that forms, which we have hitherto known only as Umbrian and Oscan, like the adjective pacer and the particle -einom with the value of -et, here probably meet us withal as old-Latin.

5. I. II. Art

6. The name probably denotes nothing but "the chant-measure", inasmuch as the satura was originally the chant sung at the carnival (II. Art). The god of sowing, Saeturnus or Saiturnus, afterwards Saturnus, received his name from the same root; his feast, the Saturnalia, was certainly a sort of carnival, and it is possible that the farces were originally exhibited chiefly at this feast. But there are no proofs of a relation between the Satura and the Saturnalia, and it may be presumed that the immediate association of the -versus saturnius- with the god Saturn, and the lengthening of the first syllable in connection with that view, belong only to later times.

7. I. XII. Foreign Worships

8. I. XIV. Introduction of Hellenic Alphabets into Italy

9. The statement that "formerly the Roman boys were trained in Etruscan culture, as they were in later times in Greek" (Liv. ix. 36), is quite irreconcilable with the original character of the Roman training of youth, and it is not easy to see what the Roman boys could have learned in Etruria. Even the most zealous modern partizans of Tages-worship will not maintain that the study of the Etruscan language played such a part in Rome then as the learning of French does now with us; that a non-Etruscan should understand anything of the art of the Etruscan haruspices was considered, even by those who availed themselves of that art, to be a disgrace or rather an impossibility (Muller, Etr. ii. 4). Perhaps the statement was concocted by the Etruscizing antiquaries of the last age of the republic out of stories of the older annals, aiming at a causal explanation of facts, such as that which makes Mucius Scaevola learn Etruscan when a child for the sake of his conversation with Porsena (Dionysius, v. 28; Plutarch, Poplicola, 17; comp. Dionysius, iii. 70). But there was at any rate an epoch when the dominion of Rome over Italy demanded a certain knowledge of the language of the country on the part of Romans of rank.

10. The employment of the lyre in ritual is attested by Cicero de Orat. iii. 51, 197; Tusc. iv. 2, 4; Dionysius, vii. 72; Appian, Pun. 66; and the inscription in Orelli, 2448, comp. 1803. It was likewise used at the neniae (Varro ap. Nonium, v. nenia and praeficae). But playing on the lyre remained none the less unbecoming (Scipio ap. Macrob. Sat. ii. 10, et al.). The prohibition of music in 639 exempted only the "Latin player on the pipe along with the singer," not the player on the lyre, and the guests at meals sang only to the pipe (Cato in Cic. Tusc. i. 2, 3; iv. 2, 3; Varro ap. Nonium, v. assa voce; Horace, Carm. iv. 15, 30). Quintilian, who asserts the reverse (Inst. i. 10, 20), has inaccurately transferred to private banquets what Cicero (de Orat. iii. 51) states in reference to the feasts of the gods.

11. The city festival can have only lasted at first for a single day, for in the sixth century it still consisted of four days of scenic and one day of Circensian sports (Ritschl, Parerga, i. 313) and it is well known that the scenic amusements were only a subsequent addition. That in each kind of contest there was originally only one competition, follows from Livy, xliv. 9; the running of five-and-twenty pairs of chariots in succession on one day was a subsequent innovation (Varro ap. Serv. Georg. iii. 18). That only two chariots - and likewise beyond doubt only two horsemen and two wrestlers - strove for the prize, may be inferred from the circumstance, that at all periods in the Roman chariot-races only as many chariots competed as there were so-called factions; and of these there were originally only two, the white and the red. The horsemanship-competition of patrician youths which belonged to the Circensian games, the so-called Troia, was, as is well known, revived by Caesar; beyond doubt it was connected with the cavalcade of the boy-militia, which Dionysius mentions (vii. 72).

12. I. VII. Servian Wall

13. I. VI. Time and Occasion of the Reform

14. I. II. Religion

15.Vates probably denoted in the first instance the "leader of the singing" (for so the vates of the Salii must be understood) and thereafter in its older usage approximated to the Greek propheiteis; it was a word be longing to religious ritual, and even when subsequently used of the poet, always retained the accessory idea of a divinely-inspired singer - the priest of the Muses.

16. We shall show in due time that the Atellanae and Fescenninae belonged not to Campanian and Etruscan, but to Latin art.

17. Literally "word-crisping," in allusion to the calamistri Maecenatis.

18. I. III. Alba

19. Of this character were the Servian walls. They consisted partly of a strengthening of the hill-slopes by facing them with lining-walls as much as 4 metres thick, partly - in the intervals, above all on the Viminal and Quirinal, where from the Esquiline to the Colline gate there was an absence of natural defence - of an earthen mound, which was finished off on the outside by a similar lining-wall. On these lining-walls rested the breastwork. A trench, according to trustworthy statements of the ancients 30 feet deep and 100 feet broad, stretched along in front of the wall, for which the earth was taken from this same trench. - The breastwork has nowhere been preserved; of the lining-walls extensive remains have recently been brought to light. The blocks of tufo composing them are hewn in longish rectangles, on an average of 60 centimetres (= 2 Roman feet) in height and breadth, while the length varies from 70 centimetres to 3 metres, and they are, without application of mortar, laid together in several rows, alternately with the long and with the narrow side outermost.

The portion of the Servian wall near the Viminal gate, discovered in the year 1862 at the Villa Negroni, rests on a foundation of huge blocks of tufo of 3 to 4 metres in height and breadth, on which was then raised the outer wall from blocks of the same material and of the same size as those elsewhere employed in the wall. The earthen rampart piled up behind appears to have had on the upper surface a breadth extending about 13 metres or fully 40 Roman feet, and the whole wall-defence, including the outer wall of freestone, to have had a breadth of as much as 15 metres or 50 Roman feet. The portions formed of peperino blocks, which are bound with iron clamps, have only been added in connection with subsequent labours of repair. - Essentially similar to the Servian walls are those discovered in the Vigna Nussiner, on the slope of the Palatine towards the side of the Capitol, and at other points of the Palatine, which have been declared by Jordan (Topographic, ii. 173), probably with reason, to be remnants of the citadel-wall of the Palatine Rome.

20.Ratio Tuscanica: cavum aedium Tuscanicum.

21. When Varro (ap. Augustin. De Civ. Dei, iv. 31; comp. Plutarch Num. 8) affirms that the Romans for more than one hundred and seventy years worshipped the gods without images, he is evidently thinking of this primitive piece of carving, which, according to the conventional chronology, was dedicated between 176 and 219, and, beyond doubt, was the first statue of the gods, the consecration of which was mentioned in the authorities which Varro had before him. Comp, above, XIV. Development of Alphabets in Italy.

22. I. XIII. Handicrafts

23. I. XII. Nature of the Roman Gods

24. I. XII. Pontifices

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