LITMIR.BIZ

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      Notes for Book I Chapter V

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 pontificibus 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

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