settlement, corresponds to the earliest epoch of the Latin stock without trace of traffic or achievement; as thereafter the flourishing settlement on the Palatine and in the "Seven Rings" was coincident with the occupation of the mouths of the Tiber by the Roman community, and with the progress of the Latins to a more stirring and freer intercourse, to an urban civilization in Rome more especially, and perhaps also to a more consolidated political union in the individual states as well as in the confederacy; so the Servian wall, which was the foundation of a single great city, was connected with the epoch at which the city of Rome was able to contend for, and at length to achieve, the sovereignty of the Latin league.
Notes for Book I Chapter IV
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-, -Mars- -Mors-, -farreum- ancient form for -horreum-, -Fabii- -Fovii-, -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 quirinus-, the 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 -quiris- and -quirinus- are akin to the name of the Sabine town -Cures-, and that the Quirinal hill accordingly had been peopled from -Cures-. Even 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
The Roman House
Father and mother, sons and daughters, home and homestead, servants and chattels—such are the natural elements constituting the household in all cases, where polygamy has not obliterated the distinctive position of the mother. But the nations that have been most susceptible of culture have diverged widely from each other in their conception and treatment of the natural distinctions which the household thus presents. By some they have been apprehended and wrought out more profoundly, by others more superficially; by some more under their moral, by others more under their legal aspects. None has equalled the Roman in the simple but inexorable embodiment in law of the principles pointed out by nature herself.
The House-father and His Household
The family formed an unity. It consisted of the free man who upon his father's death had become his own master, and the spouse whom the priests by the ceremony of the sacred salted cake (-confarreatio-) had solemnly wedded to share with him water and fire, with their son and sons' sons and the lawful wives of these, and their unmarried daughters and sons' daughters, along with all goods and substance pertaining to any of its members. The children of daughters on the other hand were excluded, because, if born in wedlock, they belonged to the family of the husband; and if begotten out of wedlock, they had no place in a family at all. To the Roman citizen a house of his own and the blessing of children appeared the end and essence of life. The death of the individual was not an evil, for it was a matter of necessity; but the extinction of a household or of a clan was injurious to the community itself, which in the earliest times therefore opened up to the childless the means of avoiding such a fatality by their adopting the children of others as their own.
The Roman family from the first contained within it the conditions of a higher culture in the moral adjustment of the mutual relations of its members. Man alone could be head of a family. Woman did not indeed occupy a position inferior to man in the acquiring of property and