Niebuhr's lectures on Roman history, Vol. 1 (of 3)

by Barthold Georg Niebuhr

THE EARLIEST HISTORY.

The Roman history goes back to Latium, and through Latium to Troy. Since Dio Chrysostom has started the question, whether Troy ever existed at all, a vast deal has been written on the subject; and also upon this other point, whether Æneas came to Italy. The treatise of Theodore Ryckius[40] about it is particularly well known. He deems the arrival of Æneas to be historical, in opposition to Bochart, who is one of the last highly gifted French philologists,[41] and at all events is superior to him in discernment. Bochart’s hypothesis concerning the influence of the Phœnicians, is doubtless carried too far. No one, however, will now any more put the question thus; but one must ask, has the legend that the Trojans came to this coast any historical foundation? and, moreover, has the legend arisen among the Greeks, and passed over to Italy; or is it a native Italian tradition which cannot, at least by us, be traced back to Greek sources? If the latter be the case, some truth must surely be at the bottom of it, and the less one takes these ancient accounts in their literal meaning, the more are they found to partake of possibility.

There is no question but that in the earliest times there were in Greece two peoples who were very nearly akin, but still distinct from each other; so much so that they did not understand each other’s language, as Herodotus positively asserts. One of these languages as opposed to the other was considered as barbarous; and yet, when looked upon from a different point of view, they may be said to be both of them closely related. There are still several living languages which stand in a similar degree of affinity,—the Polish and the Bohemian, the Italian and the Spanish, and, although we may not find the relationship to be so close, the Polish and Lithuanian. The two last languages are as wide as heaven and earth asunder; yet for all that they have a characteristic similarity. The grammar of both has the same development, the same peculiarities; the numerals are nearly the same; a great many words are common to both. These languages are therefore branches of the same stock, and yet the Poles do not understand the Lithuanians. Now this is the manner in which we solve the question so often mooted concerning the difference or identity of the Greeks and the Pelasgians. When Herodotus says that they were different, we must after all believe him; yet, on the other hand, he places the Hellenes and Pelasgians again side by side. The two nations cannot therefore be of different race.

In the earliest times, when the Greek history is yet veiled to us in impenetrable mystery, the greater part of Italy, perhaps the whole eastern shore of the Adriatic sea, Epirus, Macedon,[42] the southern coast of Thrace, the Macedonian peninsulas, the islands of the Ægean, and also the coasts of Asia Minor to the Bosporus were inhabited by Pelasgians.[43] The Trojans also are to be looked upon as Pelasgians. That they were no barbarians is the opinion of all the Greeks, as we also see already from Homer; their abode is quite in the Pelasgian country; their names are Greek. They are in close conjunction at one time with the Arcadians, another essentially Pelasgian people, then with the Epirots, then also with the Thessalians; and Æneas, according to one tradition, goes to Arcadia and dies there, according to another into Epirus, where Helenus settles. Thus, in like manner, we find in Pindar, in the poem on Cyrene, Aristæus, a Pelasgian hero from Arcadia, together with the Antenorides. The connexion of the Pelasgians with the Trojans extends very far. Samothrace in particular is the metropolis of Ilium; Dardanus comes from Arcadia, but passes through Samothrace, and from thence, married to Chryse, goes to Troas. The Samothracians, according to one of the grammarians, are a Roman people, acknowledged to be of kindred race with the Romans; that is to say, with the Troio-Tyrrhenian Pelasgians. This connexion has no other source but the common relationship between the Tyrrhenians, Trojans, and Samothracians. According to some accounts, Dardanus comes from Tyrrhenia to Troas; according to others, the Trojans come to Tyrrhenia. In the temple, and in the mysteries of Samothrace, there was a gathering point of many men from all quarters;[44] and it was for a great part of the world at that time as the Caaba of Mecca, the grave of the prophet at Medina, or as the holy sepulchre at Jerusalem. Samothrace and Dodona were for the Pelasgian races, what perhaps to the Hellenic world Delphi and Delos were. The distance of a considerable portion of those who are linked together by a common origin ought not to have much stress laid upon it in a case like this, as it is such as not to hinder the Mahometan from making the pilgrimage to the sacred spot.

This old stock of the Pelasgians which we may trace as far as Liguria, and which also dwelt on the coasts of Corsica and Sardinia, vanishes in the age of history as a component part of nations; but it consisted originally of a number of tribes which bore different names. A very wide spread name for that portion which was settled in Epirus, and in the southern part of modern Italy, as far as Latium and the coast of the Adriatic Sea, was that of Siculians (Siculi); also Vituli, Vitelli, Vitali, Itali, from the last of which Italy takes its name. Notwithstanding the wide spread of these Siculian or Italian names, Italia in the earliest times does not seem as at present to have designated the country to the foot of the Alps. It is indeed possible that the changes which followed upon the immigration of northern races severed the sea-coast from Etruria, and confined the name Italia to the country south of the Tiber, or rather, south of Latium. Yet this is only a supposition, though it is certain that Italy was once bounded on the north by a line from the Garganus on one side to Terracina on the other; and that the name, which had been restricted to within yet narrower limits in the times after Alexander the Great, before the sway of Rome had begun, was again extended to that wider range. It is probably of this earlier Italy that Pliny says, that it was querno folio similis,—a remarkable example of the manner in which Pliny wrote. He speaks at one time in his own name, and at another he gives excerpta. Yet his excerpta are unfortunately as little weighed by him in historical matters as in those of natural history. This statement he has without doubt taken from Timæus, with whom also the comparison of Sardinia to a sandal or a foot-print originates. That in his own time Italy could not by any means be so described, entirely escaped Pliny’s notice.

In the south of Italy, the earliest inhabitants were also called Œnotrians and Peucetians; in the north, without doubt they were likewise called Liburnians; and on the coasts of Latium, Tyrrhenians.

Whether the settlements on the coast north of the Tiber were the remnants of an expelled people, or perhaps mere colonies, can no longer now be ascertained; yet there appear in the middle of Italy, besides those people which were akin to the Greeks, some of a different kind by whom the former indeed were crushed. It seems that those migrations of the different races came about in the same manner as those in modern history. The people which directly precipitates itself upon the Siculians in Latium, and the Italians in Southern Italy proper, partly expelling, and partly absorbing and assimilating them, are the Opicans (Opici), a mixed race, which in fact as Opicans exists only in a few places, but is again absorbed by another people, and produces new tribes. They are the same whom we meet with under the name of Apulians; for the terminations, -icus and -ulus are equivalent. The Italian population therefore ends in Apulia; though it reaches in appearance as far as into Messapia, where part only of the Italians maintained themselves in an isolated settlement. Moreover they were in Samnium, Campania, and on the borders of Latium as Volscians and Æquians.

These Opicans were in their turn pushed forward by the Sabines (Sabellians), who called themselves aborigines, and traced their source from the highest Alps of Abruzzo near Majella and Gran Sasso d’Italia. Cato in a somewhat extraordinary manner makes them come from Little Amiternum. Whether the Sabellians and Opicans were about as distinct from each other as the Gauls and Ligurians; or in a less degree, like the Celts and Cymri; or whether they belonged to the same stock, and were only politically separated; are questions which we cannot solve. The ancients knew not, nor did they care much about it. When we want to see at any rate where no historical light is to be had, the mind’s eye is dimmed like that of the body when it is violently strained in the dark. Varro indeed distinguishes the Sabine from the Oscan language; but as he was very little of a judge of the earlier languages, in the sense in which we should apply the term to W. von Humboldt, we have also very little reason to rely upon any of his statements concerning the relationship of languages. From a general analogy, I conceive that the tide of emigration must have set in in several streams, and that thus the Sabines also may have been carried down from the higher north by its first rush. Yet this is mere conjecture.

The Umbrians may have belonged to the same stock as the Opicans. I would not lay too great a stress on the resemblance of names; the races which are nearest akin to each other have very often the most dissimilar names, and those which are the most remote quite similar ones. Thus the Getæ and the Goths were for a long time mistaken for the same people. Fifty years ago, it was the general belief in Ireland and Scotland that the Fir-Bolgs[45] were the old Belgians; yet this is false, and they are a Danish colony, as a very well-informed Englishman wrote to me. If I had no other reasons but the names, I should hesitate to pronounce for the identity of the Opicans and Umbrians. But Philistus called the people which overcame the Siculians in Latium, Ombricans, and the affinity of the languages may also be clearly made out from what remains of them.

These changes of the population, in which the earlier inhabitants are dislodged by another tribe, and the latter by some other one in its turn, make the history of the old Italian nations so indescribably obscure and difficult for us. At a time which we cannot fix with chronological certainty, in what was afterwards called Latium, which, however, perhaps bore this name from the earliest times, there existed a population of Siculians. The memory of it was preserved at Tibur, where according to Cato part of the town was called Siculio.[46] There are also elsewhere very many allusions in ancient authors, which place it beyond doubt that this people once existed there. Under the same name we find it in Southern Italy, and in the island which is to this day still called after them. According to one tradition, Sicelus came from Latium to the Œnotrians; according to another, the Siculians under different names were driven from their old abodes by the Opicans or Ombricans, and removed to that island. This migration is merely indicative of the combinations of those who tried to explain the contemporary existence of the same people in Latium and in Sicily. Possible it is, but it is also possible that it took quite a different direction. It is certain that in Homer’s time there were Siculians in Southern Italy; to prove which fact there exists a passage from Mnaseas, a pupil of Aristarchus, a learned grammarian and historian, whom the scholiast of the Odyssey quotes. He also says, that Echetus in Epirus was prince of the Siculians, so that he likewise acknowledged this name in those parts. From his explanation, we see that the poet of the Odyssey, when speaking of Siculians, does not mean the inhabitants of Sicily, a country concerning which he was in the dark; but those of Southern Italy, or the Pelasgians of Epirus.

The Siculians are the same as those whom Cato calls Aborigines. This name is interpreted γενάρχαι, ancestors; or also, wanderers, aberrigines; and likewise those who are from the very beginning, ab origine. The nominative singular, according to the Latin idiom, must have been aboriginus. There was a tradition that Latium had originally been inhabited by Autochthones; but Cato and C. Sempronius[47] said, that the aborigines had emigrated from Achaia, by which was meant the whole of the Peloponnesus, then named by the Romans Achaia. Others called the different places which were formerly termed Siculian, Argive; and Cato had done that with regard to Tibur itself. Argos and Larissa are Pelasgian names, which we meet with wherever there are Pelasgians;—Argos probably meaning town, and Larissa borough. As long as the Peloponnesus was Pelasgian, it was called Argos; even so was Thessaly. In this meaning the Argives are Pelasgians, and the Ἀργεῖοι Πελασγοί are in the old tragedy always named in conjunction. The one was most likely the general, and the other the special appellation.

Hesiod says of Latinus, πᾶσι Τυῤῥηνοῖσιν ἀγακλειτοῖσιν ἀνάσσει. All that we know of the Latins is this, that they had a number of towns from Tibur to the river Tiber. How far they extended in the earliest time to the Liris is lost in obscurity. Cato (in Priscian) says, that the plain of the Volscians formerly belonged to the aborigines; certainly all the towns along the coast were at an early period Tyrrhenian, as Antium, Circeii, and many others. At that time, therefore, the name of Latium spread far, and so late as immediately after the Roman kings, even to Campania; it having been first limited in consequence of the great popular migrations soon after the expulsion of the kings. Hesiod of course refers to the earlier time. In the treaty of Rome with Carthage, the coast beyond Terracina, probably as far as Cumæ, was called Latium, and the inhabitants Latins.

By the Greeks the Pelasgian inhabitants of the whole western coast of Italy were called Tyrrhenians; by the Latins, Turini, Tusci, i. e. Tusici from Tusus, or Turus; for s in the ancient language stands for r, as in Fusius for Furius.

We must bear well in mind that the Pelasgians and Aborigines are one and the same people. If we look over the legends of nations, we repeatedly find the same stories told in different ways which are entirely opposed to each other. The story of a Jew who takes ruthless revenge upon a Christian, as we know it from Shakspeare, in a Roman novel shortly before his time, is found just reversed, so that the Christian wants to cut off the flesh from the Jew. The migrations of the Goths, according to some, proceed from Scandinavia to the south; according to others, from the south to Scandinavia. Wittikind says that the Saxons had come out of Britain into Germany; the usual account makes them out to have been invited thither from Germany. The Pelasgians near the Hymettus near Athens are represented to have come from Tyrrhenia to Athens, and from thence to Lemnos; in another tradition, the Tyrrhenians go from the Meonian coast to Italy. Thus Cyrene, according to one legend, is colonized from Thera; in another, Thera rises out of a clod of earth from Libya. In the earlier account, the Symplegades were in the Eastern Sea, and the Argo sails through them on her voyage out; in the later, they are in the Western Sea, and impede the progress of the Argo on her voyage home. This exchange of polarity is manifested also with regard to the aborigines. In spite of etymology, Dionysius so calls the people which, issuing from the interior of the country, conquered the ancient inhabitants. Varro did the same, and yet worse than Pliny. He had read an immense deal; but learned he ought not to be called on account of his confusedness.[48] Varro knows about the close alliance of two of the Latin nations, but he makes a jumble of every thing; the aborigines are for him the conquering, and the Siculians the conquered people. Then, following Hellanicus, he brings over the aborigines from Thessaly; yet they then migrate from the Upper Anio to the Upper Abruzzo, whither they are driven by the Sabines. This tradition has a local and plausible character; for there were many small towns to be found there: large cities, on the contrary, such as the Etruscans possessed, are always a proof of immigration, as the immigrating people rather settles in a few considerable places. Trent and several other cities are large Lombard colonies. Dionysius may be excused, as he relies on Varro’s authority; the latter alone is answerable for the mistake. Here also the designation of the people, the conquering and the conquered one, is confounded.

The conquerors were probably called Cascans. This name Servius has preserved from Saufeius, a grammarian who seems to belong to the first century of the Christian era. They are also met with under the name of Sacranians, and to this the expression in Dionysius refers, that it had been a ἱερὰ νεότης. Part of the people which under the name of Opicans and Oscans inhabited the interior of Italy, or was more likely pushed down from the north, and wedged in between the old Pelasgian places, settled in the Apennines round the lake Fusinus (at present called Celano), towards Reate. Their chief town was called Lista: they bordered on the Siculians, who inhabited the country as far as beyond Tibur. There was a legend concerning them, that in the war with the Sabines, who had already taken from them Reate, and were driving them before them further and further, they had made a vow of a ver sacrum. This custom of the Italian nations when evil times befel them, was kept up also among the Romans. It was vowed to consecrate to the gods all cattle, in short, all that should be produced in the ensuing spring; and to send out in colonies the male children born at that period, as soon as ever they were grown up: the produce was either to be offered up, or redeemed. Thus devoted, the Sacranians marched against Latium, and subjected to themselves the Siculians. In Latium they settled among the old inhabitants, and became united with them into one people, which received the name of Prisci Latini; for, the Cascans must also have been called Prisci. To take Prisci Latini in Livy for Old Latins would be an absurdity: he has borrowed the formula of the declaration of war by the Fetiales, in which the expression first occurs, from the ancient rituals; it goes back to the time of Ancus Marcius, whilst before that of Tarquin the Proud, there were certainly no Latin colonies which we may suppose to have been placed in opposition to the rest of the people. Prisci Latini stands for Prisci et Latini, as the Latin language always expresses two necessary contra-positions, or two notions inseparably combined, by an immediate juxtaposition of the two words. The earliest Romans made as little use of cement in their language, as in their buildings. Brissonius has very clearly shown this, and has thereby fixed the formula Populus Romanus Quirites; only that he goes too far when he asserts that Populus Romanus Quiritium had never been said, which has been justly controverted by J. F. Gronovius. In the same manner, patres conscripti, instead of qui patres, quique conscripti sunt; and in legal forms, locati conducti, emti venditi, &c. Priscus and Cascus mean in after times very old, quaint, as Gothic or old Franconian, do in German; hence we have casce loqui, vocabula casca.—These conquerors spoke Oscan; and from the fusion of their language with the Siculo-Pelasgian arose that extraordinary medley which we call Latin, in which the grammar in some measure, but still more the etymology, contains such a considerable Greek element; a subject on which O. Müller has made those fine enquiries in the first volume of his Etruscans. The ancient Oscan language still exists in some old monuments: in Pompeii and Herculaneum, there are a couple of inscriptions, and the tablet of Bantia (Oppido) may be fully interpreted. Of the two elements in Latin, that which is Greek and that which is not, the latter agrees with the Oscan language. All the words which refer to agriculture, domestic animals, fruits, &c., are either Greek or akin to Greek. We evidently see a conquered agricultural people, and a conquering one from the mountains which was not engaged in agriculture.

From henceforth the trace of the tradition is lost to us, being effaced by the account of the Trojan immigration. This legend has no authenticity whatever, and is merely a later figment to express the relationship between the Trojans and the Latins as Pelasgians. The story of a Trojan colony is found on so many points of Italy, that it is by mere chance that this legend has been more definitely fixed upon Latium; and it was fostered by the wide circulation of the Greek poems, which spread much farther than we generally think.

Among the Romans the legend of the Trojan settlement is comparatively ancient. Nævius, in his poem on the Punic war, gave it already at considerable length; and the Ilians pleaded it with the Romans in their wars against Seleucus Callinicus. If any one should feel inclined to treat these accounts of the foundation of Rome by Æneas seriously, we cannot follow him: some traditions in them have a very national character, but the distance of time is too great between the events and those who described them. Nævius wrote from 950 to 980 years after the period at which the destruction of Troy is generally fixed. It is little known how very much Virgil changed the old legend of the settlement of Æneas in Latium, in which as a poet he was fully warranted; for its features were rude and harsh, as that Latinus had fallen in the war against Æneas, and that Lavinia, first betrothed to Æneas, and then refused, became the prize of the conqueror. The oldest tradition besides speaks of the settlement as a very small one. According to Nævius, Æneas arrived with one ship only; and the tract of land assigned to him consisted, as Cato stated, of not more than seven hundred jugera. Suppose this to have been true, how could any remembrance of it have lasted after nine hundred years?

The original tradition is that Æneas had first lived for three years in a small town called Troy; then, that taking a higher flight, he had founded Lavinium, and thirty years afterwards Alba; and that the three hundredth year after Alba, was that of the building of Rome. This regular progression of the numbers betokens a field which is not that of history. Three thousand years also were certainly fixed as the duration of Rome. There are two different numerical systems in these legends:—the Etruscan with a sæculum of a hundred and ten years, and the Greek, or the Tyrrhenian, in which the sæculum consisted of thirty years. This number thirty had at all times considerable weight on account of the period of the revolution of Saturn, which according to the then existing opinion, as Servius records, was completed within thirty years. Thirty common years constituted among the Greeks a Saturnian, and a hundred Saturnians a grand year. With this the scale of numbers from the foundation of Lavinium to the building of Rome is connected. The earliest Alban history is a nonentity, as the sagacious Dodwell (de Cyclis, diss. X.) has already shown, who indeed on other occasions only too often spoils by his subtleties what he has well begun. The chronology of the Alban-kings in Dionysius, for instance, is mere absurdity and forgery, the names of them being patched together in every possible way. This forgery, as we see from Servius, was committed in a later age by a freedman of Sylla, L. Cornelius Alexander of Miletus, who readily found acceptance at a period when people were glad to have histories of those times of which nothing could be known.

Alba, on the Alban Lake, was in my opinion the capital of the ruling conquerors. It is not accidental that it bears the same name as the town on the Lake Fucinus, from whence the Sacranians had issued. When they were obliged to yield their abode to the Sabines, they founded the Alba again on the banks of a lake; as the Pœni did a New Carthage, the Milesians a New Miletus on the Black Sea, and as is so frequently the case in the New World. This Alba Longa is therefore the seat of the Cascans or Sacranians, and the older Latin towns which lay within its territory have probably had a double fate. Some may have derived part of their population from the immigrants; others may have been subjected without receiving colonies. We find in tradition that these Latin towns had been thirty in number, all of them colonies of Alba, a tradition which is contradicted by the other, which states all of them to have been originally Argive. Both of these might be maintained in this sense, that an ἀποδασμός of the dominant race had settled in each of the towns. Be this as it may, Alba had thirty boroughs (δῆμοι) which belonged to the town as immediate dependencies or cantons: these are the populi Albenses which I have discovered in Pliny. It is not to be doubted, but that the Albans were to their dependencies as the populus of Rome to the plebs, or as Rome in later times to Latium.

At the mention of Alba, few are proof against the prejudice by which I also was beguiled for a long time, that so very much of the history of Alba is lost, that one can only speak of it in connexion with the Trojan or anti-Trojan times; as if every thing said of it by the Romans were based upon delusion and errors of judgment. Indeed, the foundation of Alba by Ascanius; the whole series of the Alban kings with the years of their reigns; the story of Numitor and Amulius; the account of the destruction of the town; all this does not belong to history. Yet the historical existence of Alba is for all that not in the least to be doubted, nor have the ancients ever had a doubt about it. The sacra Albana, the Albani tumuli atque luci bear witness to it. Ruins do not indeed exist any more; yet the situation of the town in the valley of Grotta Ferrata is still to be traced at this day. Between the lake and a long ridge of hills, near the convent Palazzuolo, one still sees even now the rock below towards the lake completely scarped, evidently by the hand of man, so that on that side an attack on the town was impossible; on the other side, on the summit, stood the Arx. That the Albans had the dominion over Latium is a tradition which we may deem authentic, as it rests on the authority of Cincius.[49] The Latins occupied afterwards the spot and the temple of Jupiter. The accounts also that Alba had shared with the thirty towns the flesh of the sacrifices on the Alban mount, and that the Latins after the fall of Alba, had themselves chosen their magistrates, are glimpses of history. The exceedingly ancient Emissarius is still preserved, and through its vault a canal was drawn, fossa Cluilia. In this vault, beneath the centroni, we have still a traceable work, more ancient than any Roman one. Yet that Alba was the capital; that it had the dominion over Latium; that its temple of Jupiter was the central point of the nations under its rule; and the gens Silvia the reigning family, is all that can be said about Alba and the Latins of that time.

It is not to be doubted, that the number of the Latin towns was really thirty, as well as that of the Alban boroughs. This number afterwards is again met with in the later Latin towns, and in the thirty Roman tribes; and it is also at the bottom of the account of Lavinium’s being founded by thirty households, in which the union of the two races may be traced.[50] The account that Lavinium was a Trojan colony, and afterwards abandoned, but again restored by Alba; that, moreover, the sanctuary could not be transferred from thence to Alba; however much it may bear the stamp of antiquity, is after all merely an adaptation of the Trojan and the native tradition. For, Lavinium is nothing else but a general name for Latium, as Panionion for Ionia. Latinus, Lavinus, Lavicus are one and the same name; as Servius also acknowledges. Lavinium was the central point of the Prisci Latini, and without doubt there existed in earlier times, when Alba had not yet the rule over Lavinium, a communion of worship in Alba and Lavinium; as afterwards in Rome at the temple of Diana in the Aventine, and at the Roman and Latin holidays on the Alban mount.

The characters therefore in the Trojan legend are thus to be analysed. Turnus is no other than Turinus, the Τυῤῥηνός of Dionysius; Lavinia, the beautiful maiden, is the name of the Latin people; perhaps they are so distinguished as the inhabitants of the coasts are more especially called Tyrrhenians, those of the interior country, Latins. As the Latins after the battle at the Regillus, are found together with thirty towns in the league with Rome, we cannot doubt but that the number of those towns, of which the dominion belonged in the earliest times to Alba, was also thirty. Only there were not always the same towns in this league; many afterwards perished, others were received in their stead.

Here the same instinct of substituting the fallen off members of political organizations is at work, which is to be perceived every where so long as institutions quietly go on in accordance with the old traditionary forms, and not with the actual wants of the times. Thus also in the twelve Achæan towns, in the seven Frisian maritime provinces, when one is ruined, the number is made up by splitting another. Where once a fixed number exists, although a unit may fall off, it is not given up, but it is always renewed. We may add, that the state of the Latins lost in the west, and gained in the east; we therefore take Alba as having thirty boroughs, and the thirty Latin towns as a state which at first was in league with Alba, and was afterwards subjected to its sovereignty.

The old places of the aborigines were, according to Cato’s important statement in Dionysius, small villages scattered on the hills. Such a place lay upon the Palatine, and had the name of Roma, certainly a Greek one. Not far off, there are several other places with Greek names, Pyrgi and Alsium; nor is it an erroneous supposition that Terracina had formerly been called Τραχεινή, the rough place, or that Formiæ is to be derived from ὅρμος, anchorage, roadstead. As certainly as Pyrgi meant towers, as certainly did Roma the place of strength.[51] Rome is described as a Pelasgian place where Evander lived, the founder of learning and civilization. The first step in civilization, according to the legend, began with Saturn. In the tradition found in Virgil, which is to be taken quite literally, the first men grew out of trees (gensque virum truncis et duro robore creti). As in Greece the μύρμηκες were changed into myrmidons, and the stones of Deucalion into men and women, thus the trees also by some Divine energy grew men. These half men acquired by degrees human manners, and that they owe to Saturn. Yet really liberal cultivation they considered to have originated with Evander, who must not be looked upon as coming from Arcadia, but as the good man. He was the inventor or teacher of the use of letters.

Among the Romans, the conviction prevailed that Romulus, the founder of Rome, had been born of a maiden ravished by a god; that he had been wonderfully preserved alive, rescued from the floods, and suckled by a she-wolf. The ancient date of this poetry cannot be doubted. But did the legend at all times call Romulus the son of Rea Silvia, or of Ilia? Perizonius has first remarked against Ryckius, that Rea Ilia never occurred in combination; that Rea Silvia was the daughter of Numitor, Ilia of Æneas. He is perfectly right. Both Nævius and Ennius, call Romulus the son of Ilia the daughter of Æneas, as Servius in his notes on Virgil, and Porphyrion in those on Horace (Carm. 1, 2.), bear witness. Yet it must not thence be inferred, that this was also a national Roman belief; those poets who were familiar with the Greeks, might have annexed their legends to the Greek poems. But the old Romans could not possibly have made the mother of the founder of their city a daughter of Æneas, whose time was dated 333 or 360 years earlier. Dionysius says that his narrative, which was that of Fabius, is found in the sacred songs; it is also consistent with itself. Fabius cannot, as Plutarch asserts, have borrowed it from a wretched unknown Greek writer, Diocles. The statue of the she-wolf was erected in 457, long before Diocles wrote; at least a hundred years before Fabius. Certainly, therefore, this tradition is the older Roman one, and it places Rome in connection with Alba. There has lately been a monument discovered at Bovillæ, an altar which the gentiles Julii erected lege Albana; a religious reference therefore of a Roman family to Alba. The relation between the two towns goes as far back as to the founder. The well known legend, with the old poetical details of which Livy and Dionysius already leave out much, because they were afraid of accumulating marvels, is the following.

Numitor and Amulius were both of them candidates for the throne. Numitor is a prænomen; but the name of Amulius says nothing in proof of his having belonged to the gens Silvia; I question therefore if the old tradition took them for brothers. Amulius, so it is said, had got possession of the throne, and had made Rea Silvia the daughter of Numitor, a vestal, in order that the Silvian race might become extinct. This shows a want of knowledge of public law, as a daughter surely could not convey gentilician rights. The name Rea Silvia is old, yet Rea is only a cognomen; rea femina is in Boccaccio, and still to this day in Tuscany, a woman who has lost her honour. A priestess Rea in Virgil is ravished by Hercules. Whilst Rea in a grove was drawing water for a sacrifice, an eclipse of the sun took place, and she fled from a wolf into a cavern where Mars overpowered her. At her delivery, the sun is again eclipsed, and the image of Vesta covers its eyes. Livy here has left out the wonderful part. The tyrant threw Rea with her children into the Anio: she lost her life in the river; but the river god took her soul, changed her into an immortal goddess, and made her his wife. This is now modified by the tale of her imprisonment, which is prosaic enough to be of later invention. The Anio bore the cradle, just as if it were a boat, into the Tiber, on which it was drifted to the foot of the Palatine, the waters being high in consequence of a flood; and there it was overturned at the root of a fig-tree. The she-wolf takes the children forth, and suckles[52] them: Mars sends a woodpecker, which brings them food, and the bird parra,[53] who keeps them free from vermin. These details are scattered: the narrators have as much as possible stripped them of the marvellous. Faustulus, the legend goes on to say, found the boys nursed with the milk of the strong brute; he brought them up with his twelve sons, and they became the stoutest of them all. As chiefs of the herdsmen of the Palatine, they had a quarrel with those of Numitor on the Aventine;—the Palatine and the Aventine are always hostile;—Remus is led away a prisoner to Alba; Romulus rescues him; the descent from Numitor is discovered, and the latter restored to the government. They receive permission to settle at the foot of the Palatine hill, the place of their rescue.

From this beautiful poem the falsifiers tried to make out something credible; even the unprejudiced and poetical Livy sets aside as much as possible whatever was most marvellous. But the falsifiers went yet a step beyond. In those days when no one any more believed in the ancient deities, they sought to discover something rational in the old legends; and thus they here got up a story which Plutarch received with predilection, and which Dionysius also does not disdain, who, however, likewise relates the old legend in a mutilated form. Dionysius says that many people believed in demons, and that such a demon might forsooth be the father of Romulus. Yet he himself is far from believing in it. On the contrary, his version is that Amulius had in disguise offered violence to Rea Silvia, playing off conjuror’s tricks of thunder and lightning; that he had done so in order to have a pretext for doing away with her, but had then been asked by his daughter not to drown her, and had thereupon imprisoned her for life; that the herdsman whom he commissioned to expose the children, had preserved them at the entreaty of Numitor, and put two others in their stead; and that Numitor’s grandsons had been taken to a guest-friend at Gabii, who had educated them according to their rank, and caused them to be instructed in Greek literature. It was really attempted to introduce this into history; and indeed some of the details of this silly story have found their way into the narrative of the historians, e. g. that the old Alban nobility had emigrated with the two brothers to Rome. Had this been the case, no asylum would have been wanting, and it would not have been necessary to obtain the connubium with the other nations by force.

More historically important on the other hand is the difference of opinion between the two brothers concerning the building of the city, and the spot on which it is to be founded. According to the old legend, both are equally heads of the colony, both of them kings. Romulus is generally stated to have wished to build on the Palatine; and Remus is said by some to have decided in favour of the Aventine, by others, of the Remuria. This is, according to Plutarch, a hill three miles south of Rome, and can be no other than the eminence which lies obliquely from St. Paul’s; and this is the more likely, as this hill, though in a country elsewhere very unhealthy, is remarkable for the healthiness of the air,—a very important consideration in researches concerning the old Latin towns; as it may safely be inferred, that where the air is now wholesome, it was also the same at that time, and that where it is now unwholesome, it was then no better. The general account of tradition is that a quarrel had arisen between Romulus and Remus, as to which of the two should give the name to the city, as well as where it was to be built. Without doubt there also existed therefore on that hill a town called Remuria; and at a subsequent period we find this name transferred to the Aventine, as was so often done. According to the common story, Auguries were to decide the matter. Romulus watched on the Palatine, Remus on the Aventine. The latter watched the whole of the night, but saw nothing; towards sunrise he saw six vultures flying from the north to the south, and he sent word to Romulus. But his brother, vexed that no sign had appeared to him, fraudulently sent him a message that he had seen twelve vultures; and in fact, at the very moment when the messenger of Romulus reached Remus, twelve vultures made their appearance, and these he claimed for himself. This is, however, impossible; for as the Palatine and the Aventine lie so near each other, every Roman only knew too well, that whatever any one saw high in the air on either of the two mountains, could not in any way escape notice on the other. The legend cannot therefore be old: it is only to be upheld by substituting Remuria for the Aventine. As the Palatine was the seat of the noblest patrician tribe, and the Aventine exclusively the city of the plebeians, there reigned between the two an undying enmity; and thus in aftertimes that scene was transferred from the Remuria, which was far off from the city, to the Aventine. According to Ennius, the Aventine was the very spot from which Romulus watched the heavens, so that the station of Remus must have been at Remuria, and Romulus, when he had observed the Augury, threw his javelin towards the Palatine. This is the old tradition which the later authors neglected. He takes possession of the Palatine. That the javelin took root, and grew into a tree which stood to the time of Nero, is symbolical of the imperishableness of the new city, and of the help of the gods. That Romulus had played false, is a later addition: the fine poem of Ennius in Cicero de Divinatione[54] knows nothing of the circumstance. From hence it now follows that in the earliest times there were two towns, Roma and Remuria; the latter a good way outside the city, and far from the Palatine.

Romulus now drew the boundaries of his city; but Remus leaped in mockery over the ditch, for which Celer slew him, an intimation that no one should step with impunity over the bulwarks of Rome. Romulus, however, fell into grief on the death of Remus, instituted festivals for him, and caused an empty throne to be raised at the side of his own. Thus we have a double rule, which ends with the overthrow of Remuria.

The next question is, what were these two cities,—Roma and Remuria? They were evidently Pelasgian towns. There is an old tradition, that Sicelus had come from Roma on the south to the Pelasgians; that is to say, the Tyrrhenian Pelasgians are driven to the Morgetians in Lucania and in the island, who were allied to them in blood. Among the Greeks, according to Dionysius, the belief was general that Rome was a Pelasgian, i. e. a Tyrrhenian city; but the writers from whom he had this information are lost to us. There is a fragment, however, in which it is stated that Rome was a sister-town of Antium and Ardea. We have also to quote here the notice from the Chronicle of Cumæ, that Evander had had his palatium on the Palatine. As an Arcadian he is likewise a Pelasgian. To us he appears less important than he is in the legend: he is one of the benefactors of the people, and to the Pelasgians in Italy he brought the use of letters and the arts, as Damaratus did to the Tyrrhenians in Etruria. In this meaning, therefore, Rome is indeed a Latin town; and that not a mixed, but a purely Tyrrheno-Pelasgian one. The after fortunes of this settlement are indicated in the allegories.

Romulus found the band which he had with him much too small. To the numbers of three thousand foot and three hundred horsemen, which Livy got from the Commentarii Pontificum, no regard should be given; for this is merely the sketch of the later Roman military array, dated back to the earliest times. According to the old tradition, his little troop was too small for him, and he opened an asylum on the Capitol. This asylum, according to the old description, only took in a very small space; a proof that these things were not at all understood as history. Therein were all sorts of people gathered together,—thieves, murderers, in short, rogues and vagabonds. This is the simple account of the way in which clientship began. In the bitterness with which the different classes afterwards regarded each other, this has been applied to the Patricians, as though their earliest ancestors had been scoundrels. But the Patricians would naturally be deemed descendants of the free companions of Romulus. Those who took refuge there are men who placed themselves as dependants under the protection of the really free citizens. But wives were now wanting to them, and they tried to get the right of intermarriage (connubium) with the neighbouring towns; especially perhaps with Antemnæ, which was only four (Roman) miles distant from Rome, with the Sabines and others. This was refused. Romulus, therefore, had recourse to stratagem: he gave out that he had discovered the altar of Consus, the god of counsel, an allegory to denote his usual craftiness. In the midst of the festival, the Sabine maidens were carried away, thirty in number; for this is the genuine old tradition, a proof how small people pictured to themselves old Rome to have been. From these the Curies received their names. Afterwards the number was found to be too little; and it was cunningly made out that these thirty had been chosen by the drawing of lots to give their names to the Curies, and Valerius Antias fixes the numbers of those who were carried off at five hundred and twenty-seven. The Rape is placed in the fourth month of the city, because the Consualia were kept in August, and the festival in commemoration of the foundation of the city in April; afterwards it was made four years later, as by Cn. Gellius, and Dionysius finds this much more worthy of belief. Wars arise from it; first with the neighbouring towns, which yielded one after the other; at last with the Sabines. There is no trace in the old tradition of the latter having been carried on to any length; yet in later times it was necessary to assume it, because another standard was then adopted. Lucumo and Cælius march forth to join Romulus, an allusion to the inroad of Cæles Vibenna, which, however, took place much later. Tatius, by means of treason, gains a settlement on the hill which was called the Tarpeian stronghold. Between the Palatine and the Tarpeian rock an indecisive battle is fought, until at length the Sabine women threw themselves between the combatants, and the strife was put an end to by an agreement that the rule should be shared between the Romans and the Sabines. This happened according to the annals in the fourth year. But it lasted a short time only; Tatius was slain at a sacrifice at Laurentum, and his throne was left vacant. Before that time, each king had a senate of a hundred members, which after having deliberated separately, joined together in what was called a comitium. Romulus reigned alone all the remaining time. The old legend knows nothing of his having been a tyrant: on the contrary, according to Ennius, he continued to be a mild and benevolent king, and Tatius was a tyrant. The ancient tradition had nothing more than the beginning and the end of the reign of Romulus: all that lies between, the war with the Veientines, Fidenates, &c. are silly stories of the later annalists; and whilst the poem itself is beautiful, this narrative is quite tasteless. It says, for instance, that Romulus slew with his own hand ten thousand Veientines, and more of the same stuff. The old poem proceeds at once to the period when Romulus fulfils his career, and when to Mars the promise given him by Jupiter was granted, that Romulus might be the only man whom he should dare to introduce among the gods. According to this ancient story, the king once reviewed his army at the marsh of Capræ, when, as at the time of his conception, an eclipse of the sun came on; and then likewise arose a whirlwind, in which Mars rode down in a chariot of fire, and took him up with him to heaven. From this beautiful lay, the most pitiful interpretations were wrested. It was said that Romulus had been among the senators, who had stabbed him, cut him in pieces, and carried him off beneath their togas. This silly story has become the general one. In order that a cause for such a deed of horror might not be wanting, it was now told that Romulus in his latter days had become a tyrant, and that the senators had revenged themselves upon him in this manner.

After the death of Romulus, there was for a long time a feud between the Romans and the people of Tatius; the Sabines wishing for a king from among themselves, since no new election had been made to fill the room of Tatius, whilst the Romans would have one of their own race. Then, it is said, it was at last agreed that one people was to elect the king from the other people.

And here we must speak of the relation of the two nations to each other, as it in reality existed.

All the nations of antiquity lived in fixed forms, and their political communities were always organized, down to the lowest ranks. When cities rise into nations, we always find at first a division into tribes. Herodotus mentions such tribes when Cyrene was colonized, and in later times this was also the case at the founding of Thurii; yet when a city any where existed as such, its claim to this character consisted in this, that its citizens were at a certain time divided into communities (γένη), which had a common chapel and the worship of a common hero. In the higher stages of these organizations, the clans were also in certain numerical proportions united into Curies (φράτραι). These clans are not families, but free associations, sometimes close, sometimes open; and in certain cases the general assembly of the state might assign them new members; as in Venice the great council was a close body, and it was so likewise in many of the oligarchical states of antiquity.

All the communities had a council and a commonalty, that is to say, a small and a great council, or a council and a popular assembly, the latter of which consisted of the guilds or clans; and these again were united as it were into parishes. The Latin towns have all a council of a hundred persons. This was divided into ten decuries; and these gave rise to the term decurions, which was continued to the latest times for the magistrates of the towns, and also passed by the lex Julia into the constitution of the Italian municipalities. That this council consisted of a hundred persons is shown by Savigny in the first volume of his history of Roman jurisprudence. This constitution survived until late in the middle ages, and was abolished when corporations of the different trades came into the place of the municipal constitution. Giovanni Villani says, that before the revolution in the twelfth century there had been in Florence a hundred buoni uomini, who managed the affairs of the town. There is nothing in our German cities corresponding to this constitution. We must not consider these hundred as gentlemen; but they were, as in the small free cities of the empire, an assembly of the burghers and husbandmen, each representing a clan. They are called by Propertius patres pelliti. The Curia at Rome, which was thatched with straw (recens horrebat regia culmo in Virgil), was a faithful remembrance of the times when Rome, buried in what may be deemed the night of history, stood like a small country town surrounded by its fields.

The earliest event which we are enabled to make out from the forms of allegory, by comparison with what happened in other places in Italy, is a consequence of the continued great movement of the different races. It did not stop when the Oscans were driven from the Fucinus to the Alban Lake; it went much farther. The Sabines may have rested for some time, but they pressed on far beyond the countries of which we have traditions. They begin as one of the smallest of peoples, and become afterwards one of the greatest in Italy. The Marrucinians, Caudinians, Vestinians, Marsians, Pelignians, in short all the Samnite peoples; the Lucanians, the Oscan part of the Bruttians, the Picenians and others, have all sprung from the Sabine stock: and yet we have traditions only about the founding of some of them. This people was down to the period at which we must fix the foundation of Rome, in a state of expansion. It is said the Sabines, guided by a bullock, had advanced into Opica, and had thus founded the country of the Samnites. Yet earlier perhaps, they had moved down below the Tiber, so that we there find Sabine towns mixed with Latin ones; and we meet with some of them also on the banks of the Anio. Into the country of the later Sabines, they in all likelihood only came subsequently; for Falerii is a Tuscan town, and certainly its population had once been entirely Tyrrhenian.

At the advance of the Sabines, some of the Latin towns maintained their ground, others gave way. Fidenæ belongs to the former class: north of it all is Sabine. Now we find at the side of Old Roma a Sabine town on the Quirinal and Capitoline, hard by the Latin one; yet the existence of this town is all that we know of it. A tradition is extant, that before that there had once been a Siculian town, Saturnia,[55] on the Capitoline; this then must have been conquered by the Sabines. Whatever may have been the case with regard to this, and to the existence of an old town on the Janiculum, there were here a number of small towns. The two cities could exist together, as there was a deep marsh between them.

The town on the Palatine may have been for a long time dependent on the Sabine conqueror, who, according to tradition, was Titus Tatius, and hence it is that his memory has been so hated. He was slain at the sacrifice of Laurentum. Ennius calls him a tyrant in the well-known line:

O Tite, tute, Tati, tibi tanta tyranne tulisti.

The existence of a Sabine town on the Quirinal hill is confirmed by the number of Sabine chapels which undoubtedly stood there, as Varro still knew, who proved from this fact that the Sabine ritual was received by the Romans. This Sabine element in the Roman worship has almost always been mistaken.[56]

The legend that by the rape of the virgins war had arisen between the Sabines and Romans, is without doubt a symbolical account of the relation between the two places, when as yet there was no intermarriage between them. The Sabines had the upper hand, and denied it; the Romans conquered it by force of arms. The Sabines were certainly originally the masters; but by some movement of the Romans, other Sabine places like Antemnæ and Fidenæ, were subjected, and the Sabines were thus isolated from their countrymen. The Romans again insisted upon their independence, and from thence arose war, the issue of which may have been that which is handed down to us,—only that Romulus is to be set aside,—namely, that both places formed a sort of confederacy as two closely united towns, each with a senate of a hundred men and a king, with an offensive and defensive alliance; and that in common deliberation, the assembly of their clans met on that spot between the two cities which afterwards bore the name of Comitium. Thus they formed against the foreigner only one state.

The account of a double state existed already among the ancients; yet the only proofs of it which have been preserved are scattered notices here and there, chiefly among the scholiasts. The head of Janus which in the earliest times is represented on the Roman As, is symbolical of it. Roman antiquaries have quite correctly understood this. The empty royal throne by the side of the Curule seat of Romulus refers to the time when there was one king only, and is emblematical of the equal but dormant right of the other people.[57]

It is also historical that this agreement was not of long duration; and that the Roman king usurped the rule over the Sabines; and that the two councils combined and formed one senate under one king, it being also settled that the king should by turns be a Roman and a Sabine; and that each time the king should be chosen by the other people, yet that no one should be forced upon the non-electing people whom they did not like, but that he should only be able to enter upon the imperium, if in the first place the auguries were favourable, and moreover the whole people had confirmed him. The other tribe had therefore the right of recognising or rejecting the king elect. This is told of Numa as a fact; yet it is merely a representation of the right taken from the books of rituals. This strange double act of election, which seems such a riddle, and was formerly so entirely misunderstood, is in this manner quite intelligible.

When the two states amalgamated, after having existed separately perhaps for ages, the towns ceased to be towns, and the collective mass of their clans formed itself into tribes. The nation consisted therefore of two tribes. From the earliest times the style of addressing the Roman people was, Populus Romanus Quirites, out of which, when the origin was forgotten, Populus Romanus Quiritium was made; just as lis vindiciæ afterwards was into lis vindiciarum. This change is older than Livy; yet the correct use of the phrase is still met with in his time, though much encroached upon by the false one. The old tradition says that the name Quirites had after the union of the two tribes been adopted as a common one. But this is false. The name first becomes common at a very late period only. When for a long time there had been no more difference between Romans and Sabines, nor between these and the Luceres; and even later, when that between the patricians and plebeians had become almost wholly extinct, this denomination still remained, and was transferred to the plebeians. Thus the two towns stood side by side as tribes (tribus), and it is merely in acknowledgment of the old tradition that we call the Latins Ramnes, and the Sabines Tities. That the derivation from Romulus and T. Tatius is incorrect, does not impair the truth of the main assertion.

Dionysius, who had good materials, and made use of very many of them, must indeed, for the time of the Consuls, have sometimes had more than he gives; especially concerning one important change in the constitution, where he has a few words only, and has either not seen clearly, or has been careless.[58] Yet with regard to the olden times of the kings he was clear. He says that there had been a dissension between the two tribes concerning the senates, which Numa had compromised, by not taking any thing for the Ramnes as the first tribe, but bestowing honours upon the Tities. This is perfectly plain. The senate, which at first consisted of one hundred, but now of two, was divided into ten decuries, each of which had a president. These are the decem primi, and these were taken from the Ramnes. They formed among themselves the Collegium, which, when there was no king, held the government by rotation; each for five days, yet so that the same always came back in their turn, as we must correctly assume with Livy. As for Dionysius, he brings in his Greek notions, taken from the Attic Prytanies; and Plutarch quite misunderstands the matter.

Not only the senate, but also the augurs and pontiffs, were doubled in number; so that each college consisted of four members, two of them from the Ramnes, and two from the Tities. These changes were attached indeed by Dionysius and Cicero to the names of certain kings; yet this must not hinder us from acknowledging them as quite historical.

Thus was Rome in the second stage of its development. This state of compromise is that of peace, and is described as the reign of Numa. Concerning him the traditions are simple and short. They had the ideal of a peaceful period, with a holy man at the head of affairs like Nicholas Von der Flue in Switzerland. People pictured to themselves Numa inspired by the goddess Egeria, whom he married in the grove of the Camenæ; who introduces him among the quire of her sisters, afterwards melts into tears at his death, and gives her name to a well springing from them. Such a peace of forty years, during which no people had risen against Rome, because Numa’s piety had had its influence upon the other nations, is a fine idea; but it is historically impossible at that time,—evidently a poetical fiction.

With Numa the first sæculum closes, and quite a new epoch begins; just as in Hesiod the ages succeed each other. The age of the heroes is followed by the iron era: it is evidently a period;—quite a different order of the world is supposed to be commencing. Hitherto we had mere poetical fiction; but now with Tullus Hostillus a sort of history begins, i. e. events which on the whole must be taken as historical, being foreign to history only from the light in which they appear. Thus the destruction of Alba is historical, very probably also the reception of the Albans into Rome. The conquests of Ancus Marcius are very credible: this point of real history stands like an oasis in the midst of legends. Something like this we once find in the Chronicle of Cologne. In the Abyssinian annals, there occurs in the thirteenth century one story, quite explicitly given, which we recognise as a piece of contemporary narrative. Before and after that, nothing historical is met with.

The history which now follows is like an image seen from behind, like phantasmagoria. The names of the kings are entirely fictitious. How long the Roman kings have reigned, no mortal man can know, as we do not know how many have reigned. For seven was fixed upon for the sake of the number only, which is found in connexion with many proportions, especially some important astronomical ones. The chronological dates are therefore utterly worthless. One ought to look upon the interval, from the origin of Rome to the times when people were able to execute those gigantic works which were really executed under the kings, and which vied with those of the Egyptians,—the sewers, the wall of Servius, and other buildings, as at least a succession of centuries. Romulus and Numa are to be wholly set aside; yet there follows a long period in which the races gradually amalgamate with each other, and spread, until the regal government disappears, and makes way for a republic.

For remembrance sake, we must, however, give the history as we have it. Between Rome and Alba there is not the least connexion, not even in those writers who suppose Rome to be an offshoot from Alba. Yet all at once, under Tullus Hostilius, they appear as enemies; each of the nations seeks for war, and the only question is to gain the favour of Fortune, on the strength of each party pretending to be the injured one, and wishing to declare war. Both mutually sent envoys to demand satisfaction for depredations committed. The form was, that these envoys, the Fetiales, told to every one they met the grievances of their town; then they proclaimed them in the market-place of the foreign town, and if after three times ten days no satisfaction were given, they said, “We have done enough and now return,” whereupon the senators at home deliberated about the manner of the satisfaction. In this formula, therefore, the res, the giving up of the guilty, and the restitution of the body was to be demanded. Now we are told, that the two nations at exactly the same time, sent such envoys; but that Tullus Hostilius had for a while detained the Albans sent to him, until he had learned for certain that the Romans had not had right done them at Alba, and had there declared war. He now first admitted the envoys into the senate, and to their complaints it was answered, that they themselves had not redressed the grievances of the Romans. Livy therefore thus continues: bellum in trigesimum diem dixerant. Yet the formula is post trigesimum diem; why did Livy or the annalist whom he followed, alter this? Quite naturally. One rides from Rome to Alba in a couple of hours; so that it was impossible that the Alban envoys should have been detained in Rome for thirty days, without being apprised of what was in the meanwhile going on at Alba. Livy saw this, and therefore altered the formula. But to the old poet this was of no consequence: he did not let it trouble him. He enlarged in his imagination the distance, and made Rome and Alba great states.

Just as undeniably poetical is the whole representation of the state of affairs in which Alba’s fate was decided. We shall dwell a little on this point, in order to show how a semblance of history may be got up.

There was between Rome and Alba a ditch, fossa Cluilia or Cloelia; and moreover there must have been a tradition that here the Albans had pitched their camp. In Livy and Dionysius we find it mentioned, that a general of the Albans, Cluilius, had given it this name, and had also died in that spot. The latter circumstance must have been told to account for the general being afterwards a different man, Mettius Fuffetius, and yet that it should be still possible to connect the name of that ditch with the Albans. The two states commit the issue of the feud to single combat. Dionysius says that the traditions were not unanimous, as to whether the Roman champions were called Horatii or Curiatii; yet he as well as Livy gives them the name of Horatii, in all likelihood, because the larger number of the annalists so had it. Who, without that passage of Dionysius, would have guessed any thing of that uncertainty? The combat of the three twin-born children is symbolical of both the states being at that time divided into three tribes. Attempts have indeed been made to clear away the improbability by denying the triple birth,—one of them is even mentioned as the youngest; yet the legend goes still farther, the brothers being said to have been the sons of two sisters, and to have been born on the same day. This is to represent the absolute equality between Rome and Alba. The issue was the complete subjection of Alba. Yet Alba did not remain faithful. In the struggle with the Etruscans which followed, Mettius Fuffetius shows himself a traitor to Rome; but he is prevented from executing his plan, and afterwards falls on the fugitive Etruscans; Tullus by way of punishment caused him to be torn in pieces, and Alba to be demolished; and the most distinguished Alban clans were transferred to Rome.

Equally poetical is the legend of the death of Tullus. He foolishly undertakes conjurations like Numa, and thereby draws the thunderbolt upon his own head.

If we try to make out the historical substance of these legends, we come to a period when Rome no longer stands alone, but has already colonies with Roman settlers, who possess a third of the soil, and who hold the sway. This is the case with a number of towns, most of them old Siculian ones. So much is certain, that Alba was destroyed, and that after its fall, the towns of the Prisci Latini formed an independent and compact confederacy. How Alba was destroyed is involved in great obscurity. Whether, as it is said, it was ever forced to acknowledge the supremacy of Rome; whether it was destroyed by Romans and Latins combined, or by Latins or Romans alone, are questions which no human sagacity can solve. The destruction by the Latins rising against Alba’s superiority is the most probable; but whether in that case Rome received the Albans into her bosom, will ever remain uncertain. That Alban clans were settled at Rome we cannot doubt, as little as that the Prisci Latini from henceforth existed as a consolidated state. Yet if we consider that Alba lies in the middle of the Latin country; that the Alban hill was their common sanctuary, the grove of Ferentina their place of assembly; the greater probability is this, that Rome did not destroy Alba, but that the latter perished in the insurrection of the Latin towns, and that the Romans strengthened themselves by the admission of the Albans.

Whether the Albans first built on the Cælius, is more than we can ascertain. The account which places the foundation of the town on the Cælius in the times of Romulus, tends to prove that before the reception of the Albans, a town already existed here. But what weight has that account? A third tradition represents it as an Etruscan colony of Cæles Vibenna.

The destruction of Alba had an extraordinary effect on the greatness of Rome. At all events there now existed a third town on the Cælius and part of the Esquiliæ, which seems to have been very populous. Such a settlement quite close to other towns was made for the sake of mutual protection. Between the two older towns there was a perpetual marsh and morass; the Roman town was likewise bordered on its south side by a piece of stagnant water; but between the third town and Rome there was dry ground. Rome had also a considerable suburb towards the Aventine, behind a wall and ditch, as is represented in the legend of Remus. The latter is a personification of the plebeians: he jumps from the side of the Aventine over the ditch.

The Sabine town had without doubt the name of Quirium; for the πολιτικόν of it is Quiris. This is certain. Almost as little do I doubt but that the town on the Cælius was Lucerum; because, when it was united with Rome, its citizens were called Lucertes (Luceres). The ancients derive this name from Lucumo king of the Tuscans, or from Lucerus king of Ardea. The meaning of the latter may perhaps be this, that the tribe was Tyrrheno-Latin, since Ardea was the chief town of that tribe. Thus Rome was enlarged by a third element, which is not, however, on an equal footing with the other two, but is in subjection to them, just as Ireland was to Great Britain before the year 1782. Yet although they were obliged to acknowledge this supremacy, they were already looked upon as being a part of the whole, as a third tribus with an independent administration, though with inferior rights. What here shows us our way is the statement of Festus, who on the subject of Roman antiquities is very trustworthy, inasmuch as he makes extracts from Verrius Flaccus. In a few points only has one of the two in my opinion made a mistake; all the rest may be accounted for by the deficiency of the extract, as Festus did not always understand Verrius Flaccus. The statement of Festus, which I am now speaking of, is this, that Tarquin the Proud had reduced the number of the vestals to six, so that each tribe might have two of them. In connexion with this is to be taken the passage in the tenth book of Livy, which asserts that the augurs were to represent the three tribes. The numbers in the Roman priestly colleges may always be divided either by two or by three: by three, those of the vestal virgins, of the great flamens; by two, those of the augurs, the pontiffs, the fetiales; these last represented only the two first tribes. Before the passing of the Ogulnian law, there were only four augurs; and when afterwards five plebeian ones were added, the basis of this increase was indeed a different[59] one; yet the ancient form of divisibility by three was kept up. The pontiffs, of whom there were likewise four, had at that time only four added to them. This then would seem to be an inconsistency; but a passage of Cicero on the subject has been overlooked, in which he tells us that the number of those added had been five, evidently counting the Pontifex Maximus with them, which Livy does not.—In the same manner there were twenty Fetiales, ten for each tribe; and Numa added to the Palatine Salii, another brotherhood of the same kind on the Quirinal. Every where the two first tribes are plainly opposed to each other on an equal footing, while the third is left in the background.

The third rank accordingly consisted of free citizens; yet it had not the same rights as the two first. Nevertheless it thought itself better than all other people; it stood in the same position as that in which the Venetian citizens of the mainland did to the nobili. The nobleman of Venice treated one of these citizens with more regard than he showed to any of the others, so long as he did not take upon himself to claim to have a voice in political matters. Whoever belonged to the Luceres called himself a Roman; and if the dictator of Tusculum had come to Rome, the man of the third tribe in it would have looked down upon him as an inferior, although he himself was of no account.

Tullus is succeeded by Ancus. Tullus makes his appearance as one of the Ramnes, as a descendant of Hostus Hostilius, one of the companions of Romulus; but Ancus on the contrary is a Sabine, and a grandson of Numa. His story has an historical air: there is none of the colouring of poetry in it. The development of the state advances in his reign another step. Rome and the Latin towns are, according to the old description, at war with each other, and the Romans carry it on with success. How many of the details of which we are told here, are historical, I cannot decide: that a war took place is credible enough. It is said that Ancus after this war led away many thousand Latins, and established them on the Aventine. The ancients judged differently of him: he at one time appears as captator auræ popularis, and at another he is called bonus Ancus. Like the three first kings, he is also stated to have been a lawgiver: of the later ones this is no more mentioned. He is said besides to have founded the colony of Ostia, and therefore to have extended his rule to the mouth of the Tiber.

Ancus seems, like Tullus, to be historical; only we can hardly suppose that the one was the immediate successor of the other, and that the events which are placed in their reigns really belonged to those times. These events must be considered in the following manner. When at the end of the fourth reign, the Romans, after a long feud, came to an agreement with the Latins about the renewal of the long neglected league, Rome dropped her claims to a dominion which she could not preserve, and in exchange enlarged herself on another and a safer side. The eastern colonies coalesced with the preserved Latin towns, although this is nowhere expressly stated. Part of the Latin country was yielded to Rome, the rest entered into relations of friendship, and perhaps of isopolity with it. Rome in this acted wisely, as England did when she acknowledged the United States of North America.

In this manner Rome acquired a distretto (district). The many thousand settlers whom Ancus is said to have led to the Aventine, are the population of the Latin towns which fell to Rome, a much more numerous one than that of the two old tribes, even with the addition of the third, which was already much the largest. In this rural district lay the strength of Rome; from it was the army raised with which the Romans carried on their wars. Now it would have been natural to admit this population as a fourth tribe, but this did not please the Romans: the constitution of the state was closed, and it was looked upon as a trust in which nothing must be changed. As our forefathers in their different tribes clung to their own peculiar laws (the emperor Otho made a question arising out of the law of inheritance to be decided by an appeal to the judgment of God), so was it likewise among the Greeks and Romans. A town in Sicily had Chalcidian Nomima, another had Doric ones, although the population was entirely mixed: in the former there were four; in the latter, three tribes.[60] The division into three tribes was an indigenous Latin one; but it may be that the Sabines in their towns had the division into four.

Here we have the first beginning of the plebes. Although the story that Ancus led the Latins away from their homes, and transplanted them in Rome, deserves no credit, because it is impossible; yet it is not to be doubted that Ancus Marcius is justly mentioned as the builder of a town on the Aventine. Here arose a town, which to the very latest times kept itself politically separated from Rome proper, and which for a very long period, as a byetown, was not comprehended in the Pomœrium.

Ancus is succeeded by Tarquinius Priscus, who is represented as a half Etruscan, son of an Etruscan woman and of Damaratus. The latter is said to have been a Bacchiades, who in the revolution of Cypselus had left Corinth with great treasures, and emigrated to Tarquinii. His heir was his son Lucius Tarquinius, as an elder son, Aruns, had previously died, leaving behind him a wife whom the father did not know to be with child. This account is very generally believed, because Polybius, though a Greek, mentions Tarquin as a son of Damaratus, and because the time corresponds. Yet this is after all merely an illusion. The whole agreement hinges upon the correctness of our chronological dates of the Roman kings, according to which Tarquinius Priscus ascended the throne in the year of the city 132; but if we must place him at a later time, the story of Damaratus and Cypselus, which pretty certainly belongs to the thirtieth Olympiad, falls at once to the ground. Now it has already been remarked in the general review of the sources of Roman history, that all the old annalists, with the single exception of subtle Piso, have never doubted but that Tarquin the Proud was the son of Tarquinius Priscus; and consequently the date assigned for the latter must be altogether incorrect. And therefore the connexion with Damaratus becomes impossible.

Damaratus belongs to the old tradition about the connexion between Greece and Etruria, and of the civilization which came from Greece to Etruria. As Evander did to the Latins, so does Damaratus bring the letters of Cadmus to the Etruscans, or Tyrrhenians; and he also belongs, according to the most ancient Greek tradition, to equally early times. The alleged connexion with Tarquinius Priscus arose from the circumstance that the old legend speaks of Tarquinii as the place where Damaratus settled. Of his descent as a Bacchiad, the tradition certainly knew nothing: it was added by later historizing accounts, which every where tried to keep up a sort of link with history. The reason for referring Damaratus to Tarquinii was partly this, that Tarquinii was an important town, and partly also that between Tarquinii and Corinth there is a connexion not to be mistaken. Formerly the vases and vessels found in Tuscany were taken for Etruscan; but afterwards people most justly gave up that opinion, though they now believed that such vases had never existed in ancient Etruria. But there have been vessels dug up at Corneto which are perfectly similar to the oldest Greek ones,—not to those which were formerly called Etruscan but to the real Greek ones from the earliest times, especially to the Corinthian ones which Dodwell has copied.[61] Fragments of the same kind are only found there near the old Tarquinii. In all the rest of Tuscany such a vessel has hardly been met with more than once or twice; whilst in the north-eastern part of the country, near Arezzo and Fiesole, the Arretinian vessels of baked red clay with embossed figures of quite a peculiar style of art are quite common, which, on the other hand, are nowhere found near the coast. This connexion of the art of Tarquinii with that of Greece, especially Corinth, explains the tradition that the artists Eucheir and Eugrammos had accompanied Damaratus from Corinth.

When once Tarquinius Priscus was connected with Tarquinii, and the tradition besides was remembered, that the solemn worship of the Greeks had first been introduced by him, it was said, “this is the work of the old Greeks;” and now it became necessary to compare the Roman chronology, as laid down in the books of the pontiffs, with the Greek one, which could already be done, as Timæus had written. Then it was found that the connexion became possible, if Damaratus was made the father of Tarquin. This Tarquinius Priscus or Lucumo, it was said, had with his wife Tanaquil, an Etruscan soothsayer, betaken himself to Rome, being only a half citizen at Tarquinii; and on his journey thither, a miracle happens to him. Of his reign many glorious things are told. Yet here the accounts differ: one, that of Livy, is very modest; another makes him conquer all the Etruscan towns. This is to be read at length in Dionysius; the story of it has its place in the Roman annals, so that Augustus even had these victories marked in the triumphal Fasti as three triumphs with definite dates, as we see from the fragments which remain.[62] Now the Romans had so much the more reason for believing these statements, as Tarquinius Priscus is always mentioned as the man who united the two towns, that of the Sabines, and that of the Romans, and built the gigantic works by which also the valleys were filled up.

The same account, generally calls Tarquinius Priscus Lucumo; yet this was never a name, but the Etruscan title of a prince. Whenever the Romans want to invent any thing about the Etruscans, they always call the men Lucumo, Aruns, or Lars. The last of these probably means king. Aruns is a common name, as we may see from the inscriptions of the Etruscan tombs, of which we cannot indeed understand one word, but yet may recognise the names. I have looked over all the Etruscan inscriptions, and have arrived at this conviction, that there is in them an entirely different language, of which we can only guess some words: for instance, ril avil means vixit annos. Lucumo is nowhere found on them; and the old philologians also, as Verrius Flaccus, knew that it was no name. The Romans had several traditions concerning a Lucumo who acts a part in Roman history; one, for instance, was a companion of Romulus. No one else is meant by any of them but Lucius Tarquinius Priscus; that is to say, the tradition referred every thing to him that was told of the others. Livy says that he had given himself at Rome the name of L. Tarquinius Priscus, for which the philologians reproach him as guilty of a great oversight, which, however, is only to be deemed one if we suppose that he had explained Priscus to mean “The Old.” Yet Livy might often in the first book have written down the narrative under the conviction that all that had not really so happened, and that something different might be understood as its meaning. Priscus is a common name with the Romans. Among the Patricians we find it in the family of the Servilii; Cato was called Priscus before he got the name of Cato, i. e. Catus, the prudent one, with the emphatic termination o; and besides these a whole series of families bear this cognomen. I am convinced that Tarquinius has been brought into connexion with Tarquinii only because of his name, and that on the contrary he was in reality a Latin. This is supported by the mention of Tarquinians, who after the expulsion of the kings reside at Laurentum; and likewise by the fact that Collatinus betook himself to Lavinium, a Latin town. The whole story of the descent of Tarquinius Priscus from Damaratus falls besides to the ground, as Cicero, Varro, and even Livy acknowledge the existence of a gens Tarquinia; and how utterly different is a gens indeed from a family which only consists of two houses, that of the kings and that of Collatinus? Varro says expressly, omnes Tarquinios ejecerunt, ne quam reditionis per gentilitatem spem haberet.

The reason of Tarquin’s being connected with Etruria was, besides his name, the necessity of accounting for an Etruscan influence on Rome. The Romans made Servius Tullius, who was an Etruscan, a Latin from Corniculum; and vice versa, Lucius Tarquinius Priscus, who was a Latin, an Etruscan. Thus the whole story of his descent is a fiction, and this is also decidedly the case with Tanaquil, inasmuch as the Romans so name every one of the women who were stated to have been Etruscans, it being a common Etruscan name, which is often met with in inscriptions. In the old native tradition Tarquin was married to a Latin woman, Caia Cæcilia, a name which must be traced back to Cæculus the founder of Præneste. Her image was set up in the temple of Semo Sancus; for she was worshipped as the guardian goddess of female domestic virtue. This bears a genuine stamp of nationality. In the old legend, she is such a familiar personage that the girdle of her brazen image was filed off, and the filings were used as remedies.

It is therefore a matter of history, that there was a Latin Tarquinius Priscus; yet he in all likelihood belongs to the Luceres. He introduces the Luceres into the senate; to the two hundred councillors a hundred more are added, summoned by the king as gentes minores after the gentes of the two first tribes; in the rebellion of his son against Servius Tullius, they are his faction. His time seems to be parted from the former one by a great gulf: in his reign, Rome appears under quite a different form from what she had before. The conquests which are ascribed to Ancus Marcius are confined within a very narrow space. He first conquers the mouth of the Tiber, and fortifies Ostia. But now a state of things is mentioned, the consequences of which we still see, even to this hour. To this very day there stands unchanged the great river vault, the Cloaca maxima, with the name of which one incorrectly associates a base meaning. It is not a mere sewer, though it is also used as such. Its real object was no less than that of draining the great branch of the river’s bed, which went forth from the Tiber between the Capitoline, the Aventine, and the Palatine, and between the Palatine and Capitoline, and then extended in marshes to the space between the Quirinal and the Viminal, and of thereby gaining solid ground. This work consisting of three half circles of huge blocks of free stone without mortar, which even to this present moment have not given way the breadth of the back of a knife, drew off the water from the surface, received it under ground, carried it into the Tiber, and formed a firm soil. At the same time, because the Tiber had also muddy banks, a great wall was built as a dyke, the greater part of which is still in preservation. This construction is equal in extent and bulk to the pyramids; in difficulty it very far surpasses them. It is such a gigantic fabric, that one does not comprehend it when one sees it: even the aqueducts of the Emperors are indeed nothing great when compared to it. They were of brick, with a cast of mortar in the middle; but here, all is of hewn Alban freestone, with immensely deep foundations.

Whether the Cloaca Maxima was executed by Tarquinius Priscus, or by his son Superbus, is a point in which the ancients differ from each other, and we also can decide nothing. This much, however, we may say, that the building must have been completed before the town was enclosed within the circuit of the seven hills, and formed a whole; yet this was done by the last king but one, and therefore, if we will avail ourselves of the personification, in the time of Tarquinius Priscus. But such a work could not possibly have been executed with the resources of the State as we know it to have been at that period, when its territory extended from the river about two leagues in breadth, and at most six to eight leagues in length, and consequently was not as large as that of Nuremburg; especially if we think of all the difficulties of an age in which trade and commercial wealth were in no wise in existence. Here are evidently all the intervening stages leaped over, and we see at once an Empire before us quite different from the former one, in which Rome rules far and wide. Of this sway we find no mention in Livy, although he too is astonished at these buildings. Livy fancies that time to be a state of childhood for the city, and is therefore under the same delusion by which Cicero, and the later writers especially are beguiled; that the period of the kings was to be looked upon as the age of Rome’s greatest weakness. Much more correct might be the account given by Dionysius, according to which the Etruscan towns, the Latins, and the Sabines paid homage to Tarquinius Priscus. Only all the narratives of the manner in which this had come to pass are so fabulous, that one cannot be mistaken as to their being invented by those who had wished to solve the riddle. Here history entirely fails us. But whatever relation Tarquinius Priscus may have to the Tuscan legends of the conquests of Tarchon, this much we may say; that Rome itself ruled at that time with an extensive sway, or else that it was the seat of foreign rulers, so that at all events a state of things had existed in which Rome was the centre of a foreign empire.

Another undertaking quite as enigmatical is assigned to the same reign of Tarquinius Priscus. It is said that Tarquin had wished to double the Romulean Tribus, that is to say, to add three new tribes bearing his own and his friend’s names. To this the Augur Attius Navius had objected, as three tribes were enjoined by the auspices. Probably the legend was not as Livy, but as Dionysius has it; that Tarquin had himself cut through the whet stone, and in doing so had wounded his hand. The king had not indeed then formed three new tribes, but had annexed new centuries to the old ones. In this legend therefore the immutability of the tribes is spoken of, as well as the intention of the ruler to double the community by new citizens, which scheme the old citizens set their face against, pleading the sacred character of the original number. But we see here a ruler, who is not a mere magistrate, but governs by arbitrary force:—he yields as to the form, but alters the substance, making second centuries. Centuries and tribes are originally the same thing, since the tribus had a hundred clans. How it was with the second centuries is utterly hidden from us. One hypothesis is this, that as many of the old clans had died away, Tarquin formed new ones; for instance, that when the Ramnes had dwindled to fifty, he added to fill up the number fifty new clans, as secundi Ramnes. We have the example of the Potitii, who became extinct in the time of Appius Claudius, though they still consisted, as we are told, of twelve families. The rolls of exclusive families show with what rapidity they become extinct. In Styria there were formerly two thousand noble families, and now there exist scarcely a dozen of them; in the duchy of Bremen, the equestrian body admissible to the diet dwindled within fifty years to half its number, merely because they intermarried only with those of their own cast. In Luneburg the government formerly belonged to the noble houses; now there is only one house left. Perhaps Tarquin collected the remnants of the old Curies, and then made up clans which were wanting. What recommends this supposition is this, that there remained some difference between the old and new clans. Certainly the new centuries had not the weight which they would have had as independent tribes.

It is a very uncertain thing to seek allegories in historical statements, and to try and draw from them again historical facts. Thus as Ancus Marcius is the founder of the plebes, and the murder of Tarquin is said to have been brought about by the Marcii, one might surmise that Tarquin, who was one of the Luceres and had introduced them into the senate, had perished owing to rebellion of the plebeians. Yet this is one of the most hazardous hypotheses, and therefore I did not choose to have it printed. In proffering it, I support myself on a credit to which he may lay claim, who for eighteen years has almost incessantly devoted himself to these researches, after having been fondly attached to them for many a year before.

The legend which makes Tarquin the acknowledged chief of the twelve Etruscan towns, leads us to speak of the Etruscans. They are perhaps of all the nations of antiquity that on which the most different disquisitions have been made with the smallest apparatus of authorities, and about which also the greatest number of deceptions have been circulated. The forgeries of one Annius of Viterbo, of one Inghirami, and others, are impudent in the highest degree; and yet they have nevertheless become the sources of many later works. By them Dempster, and by him Winkelmann in his turn, was led astray. In the eighteenth century, the Italians did not indeed forge any more documents; but with the greatest recklessness they gave themselves the air of being able to explain what could never be explained. Indeed, many written documents existed of the Etruscans; yet only a few great ones. Five years ago an altar was dug up, written all over on three sides; a cippus in Perugia; a coffin at Bolsena, &c.; and descriptions have been published of them, some separately, and some collectively; especially by Lanzi. On works of art also, inscriptions are found. To interpret these is a matter of great interest, since, if we could read them, much light would dawn upon us; but this has given rise to the definite presupposition that they were capable of being explained, and thus the most arbitrary things were done. Eastern languages, and the Celtic were applied to it; at last Lanzi acted on the supposition that it was a sort of Greek, and, in defiance of all the rules of grammar, he formed at his own pleasure a spurious Greek. With all these relics, we stand without knowing any thing, as we did with regard to the hieroglyphics, until Champollion arose. Long inscriptiones bilingues only could help us out. We may positively assert that the Etruscan has not the least resemblance to the Latin and Greek, nay, to any language which is known to us, as Dionysius already has justly observed. This passage of Dionysius has purposely been overlooked, or its absolute meaning has been wrested into a conditional one. The Umbrian on the Eugubian tablets, has some resemblance to the Latin.

Dionysius had this information, that the Etruscans considered themselves as an indigenous people, which descended from no other, and, knowing nothing of the name of Tyrrhenians and Etruscans, called themselves Rasena.[63] Of the traditions of the Greeks they knew nothing. Yet the latter had two distinct traditions concerning the Tyrrhenians, which they referred to the Etruscans; the one, that of Hellanicus, that the Pelasgians from Thessaly had settled at the mouth of the Po, at Spina, from whence they had crossed over the mountains to Etruria; the second, that of Herodotus, according to which the Lydians at the time of Atys, were visited by a famine, so that part of the people under Tyrrhenus were obliged to emigrate to Italy. Dionysius controverts the latter statement in that good style of criticism which we sometimes find in him, on the ground that neither the language nor the religion of the Etruscans bore any resemblance to those of the Lydians; and that neither the Etruscans, nor the Lydian writer Xanthus,—whose work, as O. Müller shows, was unjustly suspected among the Greeks of not being genuine,—know any thing about it. Dionysius in this judged rightly, because he did not work from books, but from immediate observation. With the other tradition he deals differently: he does not altogether drop it; but he refers it, not to the Etruscans, but to the aborigines. The Italian antiquaries, on the contrary, stuck to the Lydian tradition; or they also referred the emigration of the Pelasgians from Thessaly to the Etruscans, and said, in spite of all the assertions of Herodotus, that the inhabitants of Cortona (Croton) were not at all different from the people of the neighbourhood. And here I will now set forth the simple results of my researches concerning the Etruscans. I have (in the new edition of the first volume of my Roman history) shown that the name of Tyrrhenians was transferred by the Greeks to the Etruscans, as we use that of Britons when speaking of the English, or that of Mexicans and Peruvians, of the Spaniards in America; because those nations dwelt originally in these countries, whilst a newly immigrating people founded quite a new order of things, and that so completely that we no more recognise any traces of an earlier condition, than if the former had never existed. The Tyrrhenians were quite a different people; yet they inhabited the shores of Etruria, as well as the whole coast to the south, as far as Œnotria proper, i. e. Calabria and Basilicata. These Tyrrhenians were Pelasgians, as well as those of the Peloponnesus and Thessaly: and when Sophocles speaks of Τυῤῥηνοὶ πελασγοί in Argos; when in Æschylus king Pelasgus, son of Palæchthon, rules in Argos; when Tyrrhenians, according to Thucydides, reside near Athos, and in Lemnos, and, according to Herodotus, in Attica near the Hymettus, these are all branches of one and the same stock. In Asia Minor we must fill up the gap in history after the destruction of Troy by making the Lydians, Carians, and Mysians, push forward from the interior country nearer to the coast in the neighbourhood of the fallen city, partly subjugating, partly expelling, the Meonians and other Pelasgian nations. The Meonians, who are always distinguished from the Lydians, are likewise Tyrrhenians, and are called so by Ovid in the Bacchian fable. Now these Tyrrhenians have given to the coast of Western Italy and to the Tyrrhenian Sea their names: the Romans call them Tusci. Both names passed to the Rasena, who came down the Alps as conquerors. Thus the whole statement of Herodotus becomes clear. It is a usual genealogical explanation to show how Tyrrhenians could have been in Lydia, and also in Italy. This opinion is now generally received in Germany and in England.

The only difficulty, which indeed does not damage the evidence for this representation, but is surprising as a fact, is this, that after the Etruscan conquest of the Tyrrhenian country, the language of the Rasena is the only one preserved on so many monuments; and that no trace of inscriptions is to be seen in the tongue which was akin to the Greek, as we must presume the Tyrrhenian to have been. But, in the first place, these inscriptions were almost all of them found in the interior of the country near Perugia, Volterra, Arrezzo, &c., where the original population was Umbrian; and on the sea coast near Pisa, Populonia, Cære, Tarquinii, and elsewhere, only in very small numbers. Some have been lately discovered near Tarquinii, but they have not yet been published: one might therefore say, that if no Tyrrhenian inscriptions have yet been met with, they may still be found. But no stress is to be laid on such special pleading. In conquests which bring a heavy yoke upon the conquered, the language of the vanquished often becomes wholly extinct. In Asia and many other countries, the use of the native tongue was forbidden, in order to prevent treason. The Moors were in many respects mild rulers in Spain, and the country flourished under their sway; yet in Andalusia, at the advance of the Christians, a king forbade his people on pain of death to speak Latin, so that a hundred years afterwards no more trace of that language is to be found. As late as in the eighteenth century, the whole Christian population of Cæsarea spoke Greek: a bashaw forbid them to do so, and after a lapse of thirty or forty years, when my father came to the place, not a soul was any more able to converse in that language. In Sicily, at the time of the Norman conquest, the language was exclusively Greek and Arabic; even under the Emperor Frederic the Second, the laws were still promulgated in Greek; afterwards this language all at once utterly disappears. In the Terra di Lecce, and the Terra di Otranto also, the names were afterwards Italian, but conversation was in Greek; and at the end of two hundred years, in the fifteenth century, it became extinct also here. In Pomerania and Mecklenburg, without any immigration of Germans, merely owing to the predilection of the princes, the Vandal language has vanished in the course of one or two generations. The conquerors of the march of Brandenburg forbade the use of the Vandal tongue on pain of death, and nothing soon was spoken but the Low German, (plattdeutsch). The Etruscans had quite an aristocratical constitution, and they lived in their towns in the midst of a large subjected country; under such circumstances, it could not but be of great importance to them, that the people should adopt their language.

The Rasena came down from the Alps as conquerors, since, according to Livy and Strabo, not only the Rhætians, but also the other Alpine tribes, the Camunians, the Lepontians on the Lake of Como, were of Etruscan race. That they were forced by the Gallic conquest to retire from the plain into the Alps, has never been said by any of the ancients; and it is absurd to think that a people which fled before the Gauls from the Patavinian plain, should have been able to subdue the mountaineers of the Alps, or have been allowed to have any footing there, unless those regions had already before been occupied by others of the same tribe. We have the tradition, probably from Cato, that the Etruscans had taken three hundred Umbrian towns;—these must be considered as belonging to the interior of Tuscany;—and a long time afterwards, a district in Tuscany is called Umbria, and a river, Umbro. The Etruscans are therefore one of those northern nations which were driven to the south by the pressure of some of those national migrations which are quite as historically certain as the later ones, although we do not find any record of them,—national migrations like that which had driven the Illyrians forward, so that the Illyrian Enchelians, about the fortieth Olympiad, burst into Greece, and sacked Delphi, as Herodotus tells us. Such a national migration drove the Etruscans from the north. They once inhabited Switzerland and the Tyrol; nay, it surely happened to the Etruscans in those countries, as it did also to the Celts in Spain, that some tribes kept their ground longer than the other. The heathen wall on the Ottilienberg in Alsace, which Schweighäuser has described as one of the most remarkable and unaccountable of monuments, is evidently an Etruscan work: it has exactly the character of Etruscan fortification, as we see it at Volterra, Cortona, and Fiesole. Some would have this called the Gallic style of building; yet quite groundlessly, as we may see both from Cæsar’s description, and also from other remains and structures in Gaul. There are two essentially distinct kinds of fortifications in central Italy. The one are the so-called Cyclopian Walls, built in polygons, which alternate with intentional irregularity along the slope of a hill, in such a manner that it has become quite scarped, but at the summit it is without walls. The ascent is by a ledge on the slope of the hill, Clivus, which one may ride up on horseback; at the bottom of it, and at the top there are gates. In this manner the Roman and Latin hills were fortified. The other are the Etruscan fortifications, which are erected on the crown of a hill of difficult access, the wall being not of polygons, but of parallelopipeds of colossal dimensions, very rarely of hewn stone, which follow the ridge of the hill in all its bendings. Thus it is near Volterra, and such is the one in Alsace just spoken of. Now, I do not assign the origin of this wall to such very ancient times, but to a kindred tribe with the Etruscans, which had long maintained its ground there against the Celts; and yet I would not quote its existence as an irrefragable proof that there had been such a tribe. The Etruscans settled first in twelve towns in Lombardy; about as far as to the present Austrian frontier, on the side of Piedmont (Pavia was not Etruscan); in the south, from Parma to Bologna; in the north, from the Po to Verona; then they spread farther, and founded or enlarged in the country south of the Apennines twelve towns besides, from which they commanded the country. Now it is the common belief that the Etruscans were quite an ancient people in Italy; I was myself for a long time of that opinion. But very old in Tuscany they are not; and in that part of southern Tuscany which now belongs to the States of the Church, they have spread only very late. Herodotus relates that about the year of the city 220, the unfortunate Phocæans had been beaten in a sea-fight by the Agyllæans who dwelt in Corsica, and the Carthaginians, and that those who had been taken prisoners were stoned to death; that the vengeance of heaven for this crime had been made manifest; that the Agyllæans had applied to Delphi, and that Apollo had imposed upon them Greek sacrifices and the worship of Greek heroes. Now Agylla, according to the unanimous account of all writers, bore this name as long as it was Pelasgian: thenceforth it was called Cære by the Etruscans. Mezentius, the tyrant of Cære in the legend which Virgil with his great learning embodies in his poem, may with much probability be taken to be the Etruscan conqueror of Cære. He also appears afterwards as the conqueror of Latium, who claims for himself the tithe of the wine, and even the whole produce of the vintage. The extensions of the Etruscan sway belong to the age of the last kings of Rome: they are connected with the expedition of the Etruscans against Cuma, and in the country of the Volscians. About the time from Olympiad 60 to 70, they spread in those parts; in the year of the city 283, they found Capua, according to Cato’s account, which has certainly great authenticity. The shortness of the period allowed for the growth and decay of the people, the objection started by Velleius, cannot make this improbable: Capua, for instance, had already been built two hundred and fifty years before it became a large town: New York is a case yet more in point. The time, therefore, when Hiero of Syracuse defeated the Etruscans near Cuma, was that in which these people flourished. In the beginning of the fourth century of the city, they declined, while the Romans rose; and in the middle of the century, the Gauls wrested from them the northern part of their territory,—their possessions in the neighbourhood of the Po.

After men had come to the conviction that the Alban origin of Rome was untenable, Rome was believed to be an Etruscan colony. I myself put forth this supposition, and made it the groundwork of the first edition of my History, because I held the Alban Latin descent to be false. This Etruscan origin seemed to me to be confirmed by several circumstances, especially by the statement of a certain Volnius in Varro, that the names of the oldest Roman tribes were Tuscan; and, moreover, by the remark that the secret theology of the Romans was derived from Etruria, and that the sons of the ten first in the Roman senate learned the ordinances of religion there, insomuch that the worship of Jupiter, of Juno, and of Minerva on the Capitol, was in all likelihood after the Etruscan ritual. Yet by unprejudiced researches I have convinced myself that this is not the case; that the two original elements of the Roman state are the Latins and Sabines, though I would not altogether dispute the existence of an Etruscan one afterwards added to it; that as Rome is much older than the spread of the Etruscans in those parts, the statement of Volnius is either groundless, or the names of the tribes were later than the tribes themselves; yet that the strong influence of the Etruscans at the time which is designated as the reign of Tarquinius Priscus, and of Servius Tullius, is sufficient to account for all the Etruscan institutions in Rome. Moreover no ancient author ever speaks of an Etruscan colony at Rome. The question then is only this, Whether the Etruscans spread so early, that in the times of Tarquinius Priscus they were already in possession of Tarquinii and the neighbouring places? or whether they began only about the sixtieth Olympiad, and later, to appear on the Tiber and beyond it?

Before we now proceed to set forth the changes which manifested themselves in those times, a picture must be drawn of the oldest constitution of Rome previous to them, after we have first told the history of the Etruscans, as far as we have any knowledge of it.

What we know of the history of Cuma is very obscure: the foundation of no Greek town in those parts is dated so early. This would not have been the case if Cuma had not so soon ceased to be a Greek town, and had come into the power of the Oscans before the time when the people in those districts began to write Greek. All towns in fact have surely had eras dating from their foundation; and by this means it became possible to get definite chronological dates, which were afterwards reduced to Olympiads. For it was only at a very late period that the Greeks reckoned by Olympiads. The first who does so is Timæus (Ol. 120 to 130): Theophrastus does not yet use this computation. But when a town like Cuma happened to have been lost to the Greeks, there was then no trace of this era, and consequently nothing on which one could lay hold but the genealogies of its Ctistæ (Founders). If therefore it was stated, that this man or that man had founded a city, people made out his descent as far back as Troy and the heroic age. Thence it comes that Cuma was looked upon as so wonderfully old, as two hundred years older than the neighbouring Greek towns; for the real era of this city was lost at an early period, and it was surely not older than the other Greek towns. What was known of Cuma probably existed in Neapolitan Chronicles, which Dionysius also made use of. His description of the war of the Etruscans against Cuma is indeed mythical: the Volturnus flows back to its source, &c. yet this is only a matter of secondary consideration. Herodotus is also mythical; for instance, at the destruction of the Carthaginian army against Gelon,—yet for all that the war which he relates is not to be doubted of. The people of Cuma were then at the height of their prosperity, and possessed Campania. If therefore the Etruscans besieged Cuma about the sixty-fourth Olympiad, this shows clearly that they were at that time conquerors, which is in perfect agreement with Cato’s account, that Capua had stood only two hundred and sixty years since its foundation; that is to say, it was an Etruscan colony. Thus therefore, with regard to the passage of the Etruscans over the Tiber, we have the date 250 to 280 according to our usual chronology from the building of Rome; and as late as 220 to 230, Herodotus represents Agylla as a town which consults the oracle at Delphi. That this had been done by Etruscans, who thought so much of their own religion, is inconceivable; and the more so, as there existed a deep-rooted hatred between the Etruscans and the Greeks, owing to which it was that the Romans received the command to sacrifice a Gaul and a Gallic woman, and also a Greek and a Greek woman,[64] from the Libri Fatales, which were of Etruscan origin; and not from the Sybilline books, as Plutarch would have us believe. This national hatred already displays itself every where: in Pindar, in the Bacchian fable, it is transferred to the Tyrrhenians, but it is to be understood of the Etruscans. The Etruscans therefore also reach the Tiber at a much later time than is generally supposed; they spread forth by degrees, attain to their meridian height, maintain themselves in it for two generations, and then fall into rapidly increasing decline. Of the earlier Etruscan history, we positively know nothing. We find in Tuscany twelve cities altogether independent of each other, but yet sometimes joined together in a common undertaking. It was customary that a king reigned in each of these towns; still no trace is found in any Italian people of an hereditary rule, as among the Greeks. Moreover these cities are not united in any artificial confederation: a league is formed of itself from their assembling at times at the temple of Voltumna for the purpose of common deliberation; and besides this they had a common priest for the whole nation. It seems, however, true, for, as the Etruscan language was unintelligible to the Romans, we must be very cautious in using their traditions,—that in common enterprises one of the kings was chosen, whose supremacy the other towns acknowledged, and whom they invested with the royal insignia. Yet it would seem that this pre-eminence was not always the result of an election, but that a city often usurped the leadership; as in the war of Porsena, Clusium is the chief town of the Etruscans. The accounts which we have represent Rome as being in the same relation to those towns: the twelve cities are stated to have sent to Tarquinius Priscus the ivory throne and the insignia; according to others, to Servius Tullius. Neither of the two accounts is historical; but this is a sign, that Rome under the last kings was the capital of a mighty empire, much greater than during the first 160 years of the republic, of which also we still have proofs in Rome itself. With regard to Etruria in particular, Rome seems to have been acknowledged as a chief town; yet this is only something transient, which perhaps under the kings already was changed several times.

The Etruscans have all the distinguishing features of an immigrating people, probably not much more numerous than the Germans who settled in Italy at the beginning of the middle ages. The towns bear rule, and in them the clans govern; their territories are large, but have no importance. This oligarchical form of government was the very thing which made Etruria powerless against Rome, as it was dangerous to put arms into the hands of the common people.

Dionysius, who gives the expressions of his authorities with great care, says that the magnates of the Etruscans had assembled with their clients for war. Among the Romans it is only the last resource to call upon the clients, when the plebeians refused to take the field. Other nations also allude to the fact that Etruria was peopled by vassals under a territorial aristocracy. When on the advance of the Gauls the dwellers on the left bank of the Tiber separated from Rome, Rome drew to herself those on the right bank, Cære got isopolity; four new tribes were formed from those who in the war had separated from Veii and Falerii, evidently not transfugæ, as Livy says, but whole populations which joined Rome to escape from oppression. This plainly appears from analogy; for from the Volscians two tribes only are formed, and as many from the Sabines. Moreover, the history of the insurrection of Vulsinii exhibits the condition of a vanquished people, as I have shown in the first volume of my Roman history. The Vulsinians formed from their serfs a plebes in order to repel the Romans; the plebes afterwards subjects its former rulers, and the latter choose rather to throw themselves into the arms of the Romans, and to allow their town to be destroyed by them. There is every where such an oligarchy; hence it is that we find so very few towns in Etruria. The whole country from the Apennines to Rome had only twelve. For this reason power was only in its rudest state of development: there was no lasting vitality in it, no elements of national existence, as among the Romans, or the Samnites who evidently did not oppress the old Oscan people, but combined into one whole with them, and even adopted their language; whilst on the contrary, the Lucinians, who had emigrated from among the Sabines, stood in quite a different position to the old Œnotrians, or else the numbers of their citizens must have been stated quite differently by Polybius. Here an opposite policy bears opposite fruits. The insurrection of the Bruttians is nothing else but that the Œnotrians, who were already serfs under the Greeks, broke their chains when they became subject to new masters who treated them still more harshly. The Etruscans, in spite of their wealth and their greatness, could not withstand the Romans; their towns did not form a closely connected state as did those [of] the Latins, nor even as the Achæans. Most of the towns laid down their arms in the fifth century, after one or two battles. The only town which defended itself for thirty years, was that very Vulsinii where the serfs were changed into a plebes. The Samnites resisted for seventy years; the Lucanians for a very short time only.

The Etruscans have met with great favour with the moderns; the ancients thought very lightly of them. Among the Greeks, very unfavourable accounts were in circulation concerning their unbounded luxury. In some measure justice is done to them in respect to the fine arts. The technical perfection and quaint effect of their works had great attraction; the Signa Tuscana were about as much prized at Rome, as old German pictures are now a-days in Germany.

The Etruscans enjoyed particular consideration as a people of priests, who were devoted to soothsaying in all its forms, especially from meteorological or astronomical phenomena, and from the entrails of victims: the augural divinations, on the other hand, are an inheritance of the Sabellian races. Yet we must after all acknowledge this to have been a system of gross fraud. I will not deny that the observations on lightning led the Etruscans to interesting discoveries. They were already aware of the lightnings flashing forth from the earth, which are now generally acknowledged by natural philosophers, but were denied only thirty years ago. That they knew of lightning conductors, as one might suppose from Jupiter Elicius, is now much less probable to me than it was formerly. It would never have been so entirely lost. And, besides, it is not stated that the lightnings were attracted, but called forth.

In history, the Etruscans show themselves in any thing but a favourable light. Unwarlike, inclined to withdraw from impending danger at the price of humiliation; just as in modern times so many states have done between 1796 and 1813. The descriptions of their great luxury may have been exaggerated; yet they had some foundation. For nearly two hundred years, the Etruscans lived in the most profound peace under the Roman dominion, free from every service in war; except in extraordinary emergencies, as in the war of Hannibal. To this period, then, the immense wealth and luxury which Polybius described are to be referred.

The Etruscans had also annals, of which the emperor Claudius made use. Some few portions of them may have likewise come to Verrius Flaccus and to Varro. Cæles Vibenna is especially celebrated. He offers, in fact, the only historical point which we know from the history of the Etruscans. Cæles Vibenna is said by some to have come to Rome, and to have settled on the Cælius. According to others, and indeed to those who follow the Etruscan traditions, he died in Etruria, and his general, Mastarna, led the remainder of his army to Rome, where he is said to have given the Mons Cælius the name of his old general. In the narratives we always find him as a condottiere, as the independent leader of a free corps, in no sort of subjection to any of the towns; like the Catalan hosts in the beginning of the fourteenth century, and the East Indians in the eighteenth. We do not know any thing more about him; yet the emperor Claudius asserts, from the Etruscan books, that his faithful general, Mastarna, when he had come to Rome and settled on the Cælius, had been received into the Roman state under the name of Servius Tullius. This is possible; whilst, on the other hand, the tradition of the Romans concerning Servius Tullius falls entirely within the sphere of the miraculous. It is said that in the ashes of the altar a vision of the God of fire had appeared to Tanaquil; that she had ordered her maid to lock herself up there, dressed as a bride; that the maid had gotten with child, and had borne Servius Tullius; and that therefore, in token of the latter’s descent from the god of fire, his head had during his childhood been surrounded, when he was asleep, by a halo of fire, and also at the conflagration of a temple, his wooden image in it had remained untouched. With a great deal of circumspection those who refine on history, have attempted to introduce this legend also into authentic history. Many of them find his descent from a bondmaid to be unseemly; and so they make him out to be the son of a man of rank at Corniculum, who had died, and had left her with child, whereupon she had been brought to the royal palace. According to others, his mother was indeed a bondmaid, but his father was the king. The halo of fire also is interpreted as symbolical of his early developed mind: non latuit scintilla ingenii in puero, says Cicero. Yet the old poets meant it seriously. We have the choice either of leaving the descent of Tullius in obscurity, or of believing that the Etruscan histories are true. I am so decidedly of opinion, that the Etruscan literature is older than that of the Romans, that I do not hesitate to give their legends the preference; and still more so, because Tarquinius Priscus has been made to be an Etruscan; since the existence of an Etruscan element was perceived, which, on account of the name, was referred to Tarquinius. Servius Tullius was represented as belonging to another race, chiefly because Rome did not wish to own herself indebted to an Etruscan for the important changes which are ascribed to that king. As he could not, however, be positively assigned to any distinct clan, recourse was had to the mythus; and he was made to be the son of a god like Romulus, just as Numa also was said to be the husband of a goddess. In the case of the son of a god, it is of no consequence who is his mother.[65] Yet we cannot draw from this any farther conclusions; nor can we make any use in history of the notice that he was an Etruscan, and that he led the remainder of the army of Cæles Vibenna up to Rome. Livy speaks of a Veientian war; but he only gives a few outlines, from which it is evident that he knew this was nothing but the fraudulent work of the Fasti.

In the legend we find Servius Tullius as a Latin, who ascends the throne, yet not even by regular election. To him all the political law is traced back, as all the spiritual was to Numa; a proof that to Livy himself they were no historical persons. The gens Tullia, to which Servius may have belonged, perhaps by adoption, is expressly mentioned as an Alban clan settled on the Cælius, consequently belonging to the Luceres; and thus a king of the third tribe,—or as that and the commonalty are very nearly related, for it is derived from Corniculum,—a king from the commonalty ascends the throne. He is installed in his rule without election; yet he is then acknowledged by the Curies. Now Servius appears important from three different points of view:—as the enlarger of the city, inasmuch as he gave to Rome its legal circuit, even as it remained down to the time of the Emperors, although suburbs were added;—as the author of a constitution, since he constitutes the plebes as the second half of the nation;—and as the founder of the connexion with the Latins, who before that had only been either at war with the Romans, or else in a state of forced dependance upon them.

In these respects he is of such consequence, that we must dwell at some length on the subject. Tarquinius Priscus and Servius Tullius, for the sake of clearness, shall here be treated as if they were historical persons; but merely for the designation of relations and causes, their names serving instead of an x. In this manner, as was already remarked, we start from the most ancient form of Rome previous to this change.

In its first form, Rome consisted of a city on the Palatine, surrounded by a wall and ditch, with a suburb, and of a Sabine town on the Quirinal and on the Tarpeian Hill. From the union of both, Rome arose; and from the union of both bodies of citizens, the Roman citizenship. All modern states, with the single exception of the canton of Schwytz, have their governments and subdivisions according to their territory. Every city is divided into districts and wards, and on these, in representative governments, the representation is based: he who has his abode in a district is both an elector, and may also be elected in it. But the view which the ancients took was this, that the land was only the substratum of the state; that the state itself was formed of individuals; and that the relations of these to the whole community were modified in different ways by the corporations. Hence the state was divided into a certain number of associations, each of which again consisted of several families. These associations had among themselves their assemblies, their rights of inheritance, &c. their tribunals, and especially their sanctuaries. Whoever belonged to them, bequeathed these to his children; and wherever he might live, within or without the state, he was always deemed to belong to that association. Whoever, on the contrary, did not belong to it by right of birth, could only come in as an exception, if that association acknowledged him. A man might be received into the state with all the rights which the ancients confined to the citizen as such, he might acquire landed property, he might sue and be sued; and yet, unless he had a share in some association, he was only an inmate, and could not be invested with an office, nor could he vote. This view was generally entertained by all the most ancient states. The state could merely bestow upon an individual the right of abode and civil privileges: it could not command the association to receive any one. In many states, the associations had not even the right of admitting any body. This is the case with the castes which always remain exclusive, and which, being separate, allow of no intermarriage. Such an association, comprehending a number of families from which one may go out, but into which one either cannot enter at all, or only by the adoption of the whole association, is a clan, and by no means what we call family, which implies an origin from a common root; for when these clans have patronymics, they are always merely symbolical, and derived from heroes.[66] I assume it as a certain fact that among the Romans the division of the nation was into gentes, which were analogous to the γένη of the Greeks, and to the Geschlechter of our German forefathers. This is a presupposition to start from, for which, when the time comes, historical proofs will not be wanting. Let us first speak of that people concerning which the accounts are more distinct,—the Greeks. Their γένη are associations which, notwithstanding their common name, are not to be looked upon as families sprung from the same ancestors; but as the descendants of those persons, who at the foundation of the state were united in a corporation of this kind. This is expressly stated in Pollux, undoubtedly from Aristotle, wherein it is asserted that the Gennetæ were called from the γένη; and that they were connected not by descent (γένει μὲν οὐ προσήκοντες) but by ἱερά which they had in common. Then we have also the evidence of Harpocration concerning the Homerides in Chios; he says that they were a genos in that island, but that according to the opinion of the well-informed they had no relationship whatever with Homer. These γένη are just like the Arabian tribes, the Beni Tai are ten thousand families who cannot all descend from Edid Tai; or like the clans of the Highlanders, who were named after individuals; yet it was only in a poetical sense that they spoke of themselves as the kinsmen and descendants of these. In the Highlands there were five thousand Campbells able to bear arms, who looked upon the Duke of Argyle as their cousin.

Concerning the Roman gentes we have no positive evidence, like that of Pollux and Harpocration (such perhaps as Verrius Flaccus would have given), that they were corporations without relationship; but we have an important definition of Cicero’s in the Topica. He there gives the word gentiles as a difficult subject for definition; and such it was, because in fact time in its course had wrought a thorough change in the original institution. The gentes in Cicero’s days had lost much of their former consequence, and their constitution had been affected by law decisions. He says, Gentiles sunt, qui inter se, eodem nomine sunt. Non satis est. Qui ab ingenuis oriundi sunt. Ne id quidem satis est. Quorum majorum nemo servitutem servivit. Abest etiam nunc. Qui capite non sunt deminuti. Hoc fortasse satis est. According to this, the Scipios and Sulla were gentiles; for they are eodem nomine, &c. Suppose that one of the Cornelii had been addictus as liable to a debt, or condemned to death for a crime, then he was capite deminutus, and ousted from his tribe, exactly what the English in feudal language call “corruption of blood.” And should he now as an addictus beget children, these also were outcasts, and did not belong to the gens. By the added clause quorum majorum nemo servitutem servivit, all the Libertini and their descendants were excluded, although bearing the gentile name of their patrons; yet all the Peregrini were left, whom one might admit if one chose. But this in all likelihood is an addition which was unknown to the old gentile law. For, in my opinion, there was in the earlier times no difference whatever with regard to the Libertini: they belonged to the gens as well as the patrons. Yet this was a moot point, as is shown by the remarkable lawsuit between the patrician and plebeian Claudii (the Marcelli), for the inheritance of a Libertinus in Cicero de Oratore. On that occasion a res judicata was pronounced by the centuries, that the patrician Claudii could not inherit in a case of this kind; from which the conclusion was afterwards drawn that the Libertini did not belong to the gens.

In the whole of this definition, there is not a word about a descent from a common stock, closely connected as the idea would seem with it. Hence it clearly follows that the gentes in Rome were of the same nature as the Greek γένη. Genus and gens are moreover quite the same word, a thing which often happens with words of the old language, e. g. cliens and clientus,[67] Campans[68] and Campanus, and likewise Romans and Romanus: the genitives Romanum and Romanom come from that old contracted nominative.

The very institution of the gens essentially implies a division of the state by its fundamental laws into a certain number of such associations, which then constituted small states by themselves, and enjoyed special privileges of which the extent was very great: jus gentium, and jura gentium, originally had perhaps a somewhat different, a much wider meaning than we generally believe. The numbers of the gentes are always found in such a proportion to the state as never could have been the result of chance. In Attica there were 360 γένη, a number which the grammarians very correctly refer to the division of the year, or of the compass. This is also the case in Germany; in Cologne there were three orders, each of fifteen houses (Geschlechter); in Florence there were three times four and twenty houses; in Dittmarsch three times ten. Now in Rome there were probably three times one hundred gentes, i. e. three tribes of a hundred clans each; wherefore Livy gives them the name of centuria, and not tribus. There usually existed between the division into tribes and that into clans an intermediate one comprising the latter, as the φράτραι: in Greece, the curies at Rome, which corresponded to the orders in Cologne, and to the classes in the Lombard towns. These Curies are parts of a Tribus, and a combination of several gentes (probably consisting always of ten) for common sacrifice. And just as every gens had its own gentilician sanctuaries,—for sacra familiarum, which sometimes we find mentioned in modern writers, were unknown to the Romans,—so likewise as member of a Cury, each individual had some special duties besides of worship, and a vote in the popular assemblies. The ancients did not vote by poll, but by corporations: from the earliest times therefore it continued to be the established usage at Athens that recruiting and voting should be carried on by φυλαί (Tribus). Four Phylæ might be outvoted by six; although, if polled, the latter were very inferior in numbers. In Rome they went still farther: they did not vote by Tribes but by Curies. The reason for it is easy to be seen: for, since at first the Ramnes and the Tities were ruling alone, difficulties might have arisen from allowing only these two to vote. It might easily have happened that one tribe would be for, and the other against; and this would have led to collisions. But if each Tribe was again divided into Curies, and voted accordingly, it was then perhaps more likely that some one Cury gave the casting vote. Before the admission of the third estate this would necessarily happen. Afterwards we find that the turn of the Curies and the prærogativa were decided by lot, a thing which cannot be presumed to have been done before; for by this means the Luceres might have got the initiative as well as the two others. But here we have an instance of the innumerable stages by which the Roman constitution developed itself; and it is precisely this gradual development which has given such a long duration to Roman freedom. For the true secret of a great statesman, who is quite as seldom found as any other great genius, is indeed the gradual perfection and reform of the several points of an existing constitution, and not the sudden setting up of a finished work.

Thus therefore the Curies came into the place of the tribes. During the reign of Tarquinius, the third estate was admitted to the full citizenship: these are the gentes minores. The gentes are such an essential element of the constitution, that, as gentes civium patriciæ is the formal expression for patricii, thus also gentes civium majores and minores is said. It is stated that the senate had consisted of two hundred, and that Tarquinius had raised it to three hundred by the admission of the gentes minores. This can only mean that he gave the third tribe the full citizenship, and received a number of them, which corresponded to that of their gentes, into the senate; and this is the usual course of things. In Cologne also, the second and third order were admitted to offices later than the first. It is a great change in the constitution, and one which completes it for the first populus. The third estate at the beginning was not quite on the same footing with the rest: their senate was not consulted until the other two had already voted, and in the same way their Curies were certainly only allowed to vote when the others had already given theirs. With regard to the priestly offices, they were only admitted to the college of the Vestals. Where we find duumviri, these are but the representatives of the two first tribes: it is in later times only that we find triumviri, and when these are patrician, they represent the three tribes. But they are likewise often plebeian, and then based upon the plebeian constitution to be treated of hereafter.

One of the widest spread peculiarities of former times, is the difference made between the old homebred citizens and those who have come from without. This difference has been almost every where done away with by the notions of the eighteenth century. In North America there is hardly any homebred population: with the exception of the eligibility for the presidentship, it matters not in the least how long one has lived in the country; there is no difference between him who is come from the first colonists, and the man who has just landed. Among the ancients, the admission to the rights of citizenship was every where difficult: the alien needed not to be of a foreign tongue, he might belong to the same nation as the citizen, and even to the same tribe of the nation. The lines of demarcation are drawn in the most varied manner. In the oldest constitution of which we have any authentic knowledge, that of the Jews, we already find such a distinction. The people consists of tribes with unequal rights, just as the tribes of the Romans; besides these, are the persons who had been received into the congregation of the Lord. With regard to the latter, the Pentateuch expressly makes this distinction, that some nations might be received, and others not. These aliens form a mass closely connected with the Jewish people, but out of the tribes. In after times, when the Jewish constitution is better known to us from books of more recent date, the population is divided into Jews and Proselytes; and the latter again into two classes,—the Proselytes of Righteousness, and the Proselytes of the Gate.[69] The former had political and civil rights, yet they were excluded from civic honours; they could buy land, make wills, marry Jewish women, &c. &c. The Proselytes of the Gate had to accommodate themselves to the Jewish customs; they could not do any thing which was against the ceremonial law for fear of giving offence; but they did not participate in civil rights with the inhabitants of the country.

The same system presents itself, only less distinctly, in all the Greek constitutions,—a fact about which so much nonsense has been talked. Among the Greeks there existed from the very earliest times, besides the sovereign body of the citizens, a community of native freemen, who had civil rights, but by no means in every instance the privilege of intermarriage with the ruling tribe; they might sue and be sued, yet they had no share in the government. It was otherwise with the aliens or the freedmen, who were bereft of all the personal rights of citizens, and only protected against violence by taking a citizen for their patron. This twofold distinction, that one might be born in a country and exercise civil rights to a certain extent; and that those who were aliens had no civil rights whatever, was a very general notion.

The body of the Roman citizens was now enlarged. At its first origin it was an aristocracy, only so far as the subjected people of the neighbourhood and the freedmen stood in the position of vassals to the citizens; beyond this, no aristocratical relation whatever existed. But when Sabine and Latin communities were so incorporated with Rome that they got full civil rights, and had to serve, that class was formed which in our German towns we call Pfahlbürger (burghers of the pale), an expression which no one has rightly and clearly understood. The derivation of this word is from Pahl, or Pfahl, (pale); in Ireland, the counties round Dublin were said to be “within the English pale.” This name was also given in Germany to the district in the immediate vicinity of a town. The freemen who lived in it had, properly speaking, no rights of citizenship, as these were limited to the Geschlechter (the Houses), but merely civil rights. The signification of the word in the course of time was more and more widened, it being also applied to those aliens who had acquired the right of community with a country (Landrecht), or a town (Burgrecht), the isopolity of the Greeks. The investigation of this subject, which is perfectly analogous to the origin of the Roman plebes, has to me been fraught with such considerable difficulties, because in the sixteenth century these relations had vanished, and we therefore nowhere find any thing more about them. In the fifteenth century this expression is still found, but hardly in the sixteenth. Johannes Von Müller did not understand it, and has used it without any proper meaning. Now, when a province, or a town, or a baron established such a right of community (Landrecht or Burgrecht) with a town, the consequences of it were twofold. In the first place, both parties protected each other in their feuds; and moreover, the strangers might settle with their vassals in the town, where they had the full civil rights of freemen, and also their own courts of law: yet they were not of the sovereign people, as they had no share in the government; and in this respect the Houses, as having the sovereignty, stood on quite a different footing. Many of the communities beyond the Tiber, Sabine and Latin, entered into relations of this kind with the Romans, and it was chiefly on the Aventine that they settled. The account given by the Roman historians is, that Ancus had led them from their homes, and had made them take up their abode there; but there are circumstances which make this impossible. For, since all the land near Rome was occupied, they could not have got any there, and must therefore have had their dwellings some miles away from their fields. It is very possible that some of the most distinguished were obliged to settle in Rome. This citizenship “of the pale” now became more and more enlarged. The great body of the people did not as yet form a corporation, though they contained all the elements of one: they increased in the city and the environs at such a rate, especially owing to the union with Latium in the reign of Servius Tullius, that they far outnumbered the old population, and formed the chief strength of Rome, and were employed to a great extent in the wars. And the more they grew, the more did the Tribes, which only intermarried among themselves, die off.

Thus arose the Roman Plebes,—the Greek δῆμος, in German Gemeinde. The demos comprehended all those who had the inferior citizenship, and who therefore owed service to the state, but had no rights but that of personal freedom. Thus the δῆμος stands in contraposition to the πολῖται, the plebes to the populus, the Gemeinde to the Bürgerschaft, the commune to the cittadine.[70] I also think that πόλις was not originally the term for city (which was called ἄστυ), but just like populus, a Tyrrhenian word; and that both of these bear the same meaning which we have stated above, Populus having been formed by reduplication from πόλις. The commonalty is in all states the main part as far as numbers are concerned; yet the way in which it developed itself was different in the ancient world from what it was in the middle ages. In the middle ages, the commonalty resided within the walls: it often settled, as for instance in Geneva, round the cité, the heart of the town, in the bourg, borgo, the suburbs; and its members were therefore called bourgeois. These suburbs were then likewise fortified, and in the course of time gained equal rights with the cities. In Germany the same thing happened, the name only being different, for Bürger and Geschlechter have the same meaning; and there the cities sprang up, particularly after the tenth century, when the age had become more settled. And in Gaul, where a civitas and a royal villa still existed from the times of the Romans, a place often grew up near the villa, which remained under the protection of the king, and under the management of the mayors of the Palace. This is the original meaning of the word ville, as opposed to cité. There is therefore a distinction in French towns between la cité, la ville, and le bourg. Wherever the commonalty was growing up within the walls, it was formed of quite different elements. In the Germanic states, aliens were better treated on the whole than they were in the ancient world, or even in France. The Beisassen of the small Swiss cantons, as for instance of Uri, are, properly speaking, nothing else but subjugated communities; the inhabitants of St. Gervais were subjects of Geneva. In France, by the droit d’aubaine, the liege lord was heir to the aliens who were not naturalized; for they were not allowed to make a will. In all those medieval towns where trade and commerce were paramount, the commonalty soon divided itself into guilds, which got their own heads and wardens, their own privileges and style, as well as property; as to capital jurisdiction, it could only be granted by the kings, and wherever it was exercised, they had a share in it. The wardens of the companies at first appear in the council to take care that their rights were not infringed upon; but they soon took their seats as members, and ended by getting the ascendency. This is clearly seen in the Italian cities, e. g. in the case of the seven old guilds at Florence. During the feuds of the Guelphs and the Ghibellines, the clans or houses had still the upperhand; but soon afterwards, about the time of Rudolf of Habsburg, the guilds are every where the ruling power,—in Italy in the thirteenth century, and in Germany about the middle of the fourteenth; at Zurich as well as at Augsburgh, at Strasburg, Ulm, Heilbronn, and the Suabian imperial cities. The transition is made by the houses (Geschlechter) sharing the government with the guilds: wherever this is conceded, the union is effected peacefully; but where it is refused, it is only after a sanguinary struggle, which generally ends in the destruction of the houses. But sometimes also the reverse takes place, as at Nuremberg, where the guilds were crushed.

This union of the clans and of the community, or the guilds, is called in Greece πολιτεία; in Italian popolo, the meaning of which is somewhat different from that of the Roman populus.[71] The partition was so fully carried out, that at Florence, for example at the palazzo vecchio, and on books also, the coat of arms of the city, a fleur de luce, and that of the commonalty (il commune), a cross, gules, field argent, are seen side by side. The expression il commune easily gives rise to misconceptions; it does not mean the union, but the commonalty, as Savigny has pointed out to me. At Bologna there is a palatium civium, and a palatium communis. The Capitano del popolo and the Capitano di parte at Florence are also difficult to be understood. In the struggle of the Guelphs and Ghibellines, the Capitano di parte, that is, of the party of the Guelphs, having driven the Ghibellines out of the city, was placed at the head of affairs, and the others had their rights of citizenship suspended. The single Capitano of the houses was nevertheless called di parte. But among the ancients it was not the guilds within the walls which formed the commonalty; but the population of the country round the city, which consisted of quite different elements, comprehending people of the highest as well as of the lowest ranks. The notion, therefore, is altogether a wrong one, that the Plebes was made up of the poorer classes only. It was occasioned already by the language employed in Plato and Aristotle, as they had only the word δῆμος to designate city-corporation, commonalty, the union of both,—in short, all that did not belong to the ruling class, and moreover the common people. Dionysius knew the word δῆμος only as contradistinguished to βουλὴ, ὄχλος being the proper term for the mass of poor. Yet he also is not free from that mistake, but carried it into Roman history; and as he went much more fully into detail with regard to these relations than Livy did, he led the restorers of ancient history into quite erroneous notions. Livy likewise did not see the matter in a clear light; yet he has many passages from which it is manifest, that the annalists whom he followed were correct in their views. A further cause of this confusion is, however, to be found in the pecuniary embarrassments and debts which are stated to have prevailed among the Plebes; but which, as we shall see hereafter, are only to be understood of the mortgages which encumbered the landowners in many communities. The Plebes is the counterpart of the Populus, as the Romans in general divide all the primary agencies in nature and in the world of intellect into two; one part being male, and the other female: as for instance, Vulcanus and Vesta are the element of fire; Janus and Jana the heavenly lights, the sun and moon; the generating power of the earth, Saturnus and Ops; the earth as solid ground, Tellumo and Tellus; and thus also the entire state, Populus and Plebes, both of which together formed its whole.

Under the protection of the Populus, a number of dependents[72] (cluentes, from cluere to hear) dwelt within the liberties of the old town, which extended for about one German mile (nearly five English) on the road leading to Alba. The boundary may be laid down very accurately: unfortunately, the thought struck me only after my departure from Italy. The way in which these clients came to be bound to their patrons, just as the vassals were to their liege-lords, to ransom them from captivity, to pay the portion of their daughters, to be their stay and defence in the time of trouble, had its origin from very different causes. They may partly have been old native Siculians, who on being conquered by the Cascans, swore fealty in order to be mercifully dealt with; foreigners may also have come in as residents, and placed themselves under the guardianship of a Roman citizen; there may likewise have been among them some of the inhabitants of those places which were obliged to submit to the supremacy of Rome; and the slave who had gained his freedom, stood to his late master in the relation of a client. This class must necessarily have gone on increasing so long as Rome was in a flourishing state. The asylum, in the old tradition, has reference to the clientship, the clients having really gathered together from all quarters. Quite distinct from them, however, were the free communities, from which the country population arose, of which the first beginning was traced back to the times of Ancus. Scaliger, in one of the noblest of divinations, has discovered that Catullus calls the Romans gens Romulique Ancique, in which Romulus represents the clans, Ancus the commonalty. This plebes now increased, partly owing to the enlargement of the territory, and partly also, without doubt, in consequence of the extinction of some of the clans; in which case their former clients having no more liege lord, now joined themselves to the commonalty; and many came in besides from the free cities with which there were relations of isopolity. Such organizations are, however, imperfect in their beginnings, and are only developed in the course of time. Towns like those of the Tellenians, Ficanians, Politorians, were surely quite isolated at first, and had no regularly organized power. It is beyond a doubt, that in all the towns of Italy a Populus and a Plebes existed; and this was also the case in the Greek colonies of Lower Italy and Sicily, which in their constitutions exhibit the closest analogy to the states of Italy. In the former even the same names were certainly in use.

Before the age of Servius Tullius the country district was not yet united with the state, to which it was linked perhaps by the king alone: it does not even seem to have had commercium, that is to say, no patrician could acquire property in it, and vice versa. In many countries also, the rule was in force, down to the latest times, that the landed property of the peasant could not pass to the nobleman; a most judicious custom, which, however, was set aside owing to the illusion that it was a vain limitation. Still less can any intermarriage be presumed to have existed between the patricians and plebeians. The children of such a marriage were not admitted to the rank of their (patrician) father; but they rather followed the worse blood, that is to say, theirs was under any circumstances the inferior right. The Lex Mensia[73] has not devised this; but merely revived the rule, and more clearly defined it in difficult cases. A lawgiver now came forth, who on one hand gave to the commonalty a constitution complete in itself, and, on the other invented forms by which it was united to the whole body. The former part of this plan has been entirely overlooked, and the latter appeared to Livy and Dionysius quite a riddle; so much had circumstances changed since Fabius, who had still a perfectly correct insight into these matters. In Rome a great revolution in literature had been brought about by Cicero; and Livy must have felt himself as much a stranger among the authors of the earlier times as we do with regard to those who were before Lessing: few only were still acquainted with books. And there was likewise a great deal in the federal citizenship of the Latins abrogated by the Lex Julia, on account of which the remembrance of the former state of things has perished. Thus it is easy to understand, how it was that the judicious Livy and the learned Dionysius were quite mistaken as to these points, and nevertheless have preserved a great number of hints from ancient sources, from which we may with much trouble guess the truth. To take an example from our own times, I really believe that there are not now ten people at Cologne, who know what the constitution of their city was two hundred years ago. How many are there, who still know any thing about the constitution of their own town before the French revolution?

The division of such a country population was local. This was not peculiar to Rome, we find it also to have been the case in Greece: Clisthenes took the ager Atticus as the basis for the division of the Athenian people. The whole was divided into certain definite parts, to effect which they did not reckon together several large places, but they chose a particular number which seemed suitable, for instance, one hundred, into which the division was to be made; and for this purpose some large places were to be parcelled into districts, and other smaller ones to be combined. These divisions according to a number fixed before hand, were so general among the Romans, that, when Augustus divided the city into fourteen regions, he did not count how many Vici there were, but to each region he assigned a certain number of Vici. Now the lawgiver whom we call Servius Tullius took all those portions of the city of Rome which were inhabited by burghers of the pale, and the country around, and divided the former into four and the latter into twenty-six regions. This must be assumed as true: the proof that this statement of Fabius is correct would lead us too far. Every Populus presupposes almost as its necessary counterpart a Plebes; in a certain sense therefore there was already a Plebes before the reign of Ancus, although an insignificant one. Roma, Quirium, Lucerum had each of them their commonalty; these and the settlement on the Esquiliæ in the time of Servius Tullius constituted the four first tribes, the first of which, the Palatina, corresponds to the Palatine; the second, the Collina, to the Quirinal; the third, the Suburana, to the Cælius with the Carinæ and Subura; the fourth, the Esquilina to the Esquiline and Viminal. This organization is to be dated before the Murus Servii, as is proved to a certainty by the existence of the Esquilina. Each of these regions had a corresponding local tribe, so that all those who, at the time of their being established, were living in a place, were inscribed there on the register of the local tribes, and their descendants after them.[74] This continued so during the first generation; but in the course of time it was changed, as the descendants did not always remain in the same place. The names of the country tribes were not taken originally from the districts, but from heroes, being at the same time surnames for the tribes and for the clans; for it was evidently the object of this legislation to amalgamate the different elements of the people. The remembrance of olden times, when those places had been independent, was to be absorbed in the idea that they were Roman. They acquired common sacra like the tribes composed of clans, as Dionysius expressly mentions. Sacred rites were always among the ancients a bond of union. That the plebeian tribes had sacra, we know from the fact that Tarquin the Proud positively forbade them. Besides this, there was a local subdivision into vici for the city, and into pagi for the country. Each of these vici had a warden (magister); each tribe, a tribune. The same system was established at Athens. If for instance a person was registered at Acharnæ, and emigrated to Sunium, he still remained an Ἀχαρνεύς. As in the earlier times these tribes were all equal, there was no occasion for any one to wish to be registered in another tribe; but afterwards it was different, when there arose between the tribes an inequality of political consideration, of which I shall afterwards speak. The tribus urbanæ were inferior to the rusticæ, and the removal from the latter to the former was a nota ignominiæ: this dates from the censorship of Fabius Maximus. If a man became a Roman citizen sine suffragio, he was not received into a plebeian tribe; nor could he get admission therein by isopolity or emancipation; and therefore he could not hold any office, nor have a vote. A vote in the plebeian tribes belonged only to those who were settled on the land, and to the cultivators of the soil; he who got his livelihood by some other trade was debarred from it.

Now that the lawgiver had constituted the two bodies, the patricians and the plebeians, he might, as is done in modern states, have put them side by side in two separate assemblies. Yet this was impracticable in those earliest times, inasmuch as they both looked upon each other as enemies. In order to effect an accommodation, Servius established the centuries (centuriæ), similar to the concilio grande in Venice, in which every one was equal to his neighbour on entering the Hall, whether he were rich or poor, each being in a plain garb. It was the object of the centuries, to unite the patricians and the plebeians, and those who grew up at the side of the plebeians, and now took the place which these formerly held; and at the same time to exclude those, who, as they had no property at all, could give no guarantee to the state. The centuries therefore contained the whole of the first estate; of the second, those who were qualified to vote; of the third, all those, who, owing to their means, were equals of the second; and, besides, some distinguished trades. Great confusion with regard to this was created in Roman history by the views of Livy and Dionysius, who imagined the tribes to have differed as to rank and fortune only. They thought that the old body of the citizens, which contained the patricians, had been divided into curies, and that these were all placed on the same footing; but that this had been an oppressive democracy which Servius Tullius had done away with by establishing the centuries. This mistake is the same as that into which Sismondi falls when he represents the Italian cities, at the time in which they first appear in history, as having been democratically governed,—a prodigious error! Had the Roman historians attentively studied the old law books, they could not possibly have remained in darkness with regard to these things. It is true, however, that it is not yet fifty years since Möser’s first researches, by the light of which we too have only begun to get a clear insight into our own institutions.

According to the old system, the clansmen not only served on horseback, as in aftertimes, but likewise on foot: it was also just the same originally in the German cities. They had not at first the least likeness to a nobility. We may take it for granted that each clan served in war with one horseman and ten foot soldiers; and hence the statement in Plutarch, that the first town had consisted of about one thousand households. This looks like history; yet such additions as “about,” and others of the same kind, in Plutarch, Dionysius, and other writers of the later times, are touches put in to subdue the tone of colouring which seemed to them too bright. The narrative is quite ancient, but it is not so much history as the personification of a system of rights. In the earliest Rome there were a hundred clans, and consequently a thousand foot soldiers, each of whom was deemed to have been furnished by one house.[75] Besides these the country population had to serve, being probably called out according to their place of abode. The new laws made a change in the phalanx; relieved the old citizens from the duty of serving as foot soldiers; and granted them immunities for serving as horsemen. In laying the burthen of the foot-service on the plebeians, they also at the same time gave them corresponding privileges, and thereby the means of upholding their freedom. In this manner they divided the population into horsemen and footmen, without however excluding the commonalty from the cavalry. The military array of all the European nations in ancient times was analogous to the Greek phalanx. It was a mass of men which acted by the pressure of its own weight, and these were armed with pikes and charged with them against each other in files eight, ten, or twelve deep. The barbarians never fought in dense masses, and the Asiatics were merely archers. When the soldiers, as at Rome, stood ten files deep, those who were in the rear were not, of course, quite so much exposed and in need of so much armour as those in front: they wanted, if they closed their shields properly, no breast-plates, nor did the hindmost ranks even require greaves. Part of them also were light troops, slingers who threw either leaden bullets or stones. Every one at Rome who served on foot, had to find his equipments at his own expense, and therefore according to his means; so that the wealthier citizens were completely armed, while those who were badly off were called upon to serve as slingers only. When wars became protracted, gaps occurred in the ranks, as the first rows grew thinner; in this case, the men who were behind took possession of the arms and equipments of the slain, and being now already trained, stepped into their places. At the same time there followed a reserve in case of need. These therefore were the three component parts of the Roman line of battle,—the legion proper, the light armed, and last of all the men in the reserve, who stepped into the hindmost ranks when those in front had been filled up from thence.

Servius therefore looked upon the whole nation, Populus and Plebes, as an army, exercitus vocatus. And as this militia had to march against the enemy abroad, there was need besides of carpenters for building bridges, pitching tents, &c., and of musicians;—the former constituted one, the latter two centuries;—and now only was the host (Classis)[76] quite organized. These centuries did not consist of plebeians, as no plebeian was allowed to carry on any other trade but that of agriculture; otherwise he renounced his caste and was struck off by the censors from his tribe (capitis deminutio,) originally without any disgrace being attached to it. Yet the Romans had from the earliest times companies of trade, which were traced back as high as Numa, and of which there were three times three,—pipers, goldsmiths, carpenters, dyers, girdlers, tanners, braziers, potters, and then all the rest. Of this the intention certainly was to give the craftsmen of the city also an existence as a corporation, just as in the middle ages. But as those who were in these centuries were generally freedmen and foreigners, it became an object of ambition to get out of them, and to be enrolled among the tribes; and so the companies could never thrive. They were of greater importance at Corinth. By the division into centuries, the lawgiver connected the plebeians with the patricians and ærarians. To the trades so necessary for warfare as the carpenters and musicians, distinct centuries were assigned, by which they acquired the same rights which would have belonged to them, if they had served in war as plebeians. The carpenters were reckoned in the first class on account of their importance, the musicians in the fifth.

Lastly, he had regard to those free people who did not belong to the commonalty. Many of these certainly entered the service, either by conscription or as volunteers; for I cannot imagine that the capite censi, and the proletarii, should not have had to do any service at all. They were not, however, arrayed against the enemy; but they were camp followers, (lixæ et calones). We have no reason to presume that these had always been slaves.

Thus was an army now completely formed; and by this, together with the horsemen, Servius caused the people to be represented. For the cavalry he chose the three old double tribes, or six centuries of Tarquinius Priscus; then twelve other centuries of the Plebes, which were the most distinguished among the commonalty. In the six centuries was the entire patrician body; which indeed had on the whole a very insignificant number of votes, but, as we shall see by and by, the upperhand in other respects. Within these, there was perfect equality; there was no distinction of age: every century had a vote.

In the plebeian body, Servius Tullius selected from among those of higher rank and greater wealth, two classes,—that of the former Latin nobility, and that in which the rest were placed. To this noble class he assigned the twelve other equestrian centuries, and that without regard to property, with the exception perhaps of such persons as were quite impoverished, a fact which must be particularly urged; for according to the received opinion, they were deemed to have been the richest. Had the knights at that time already been the richest, that is to say, if we are to look upon them as having been in the same state as after the war with Hannibal, what a senseless constitution would then have been the result! All fortunes, between a million sesterces (the sum which at the end of the second Punic war was the qualification of this class) and 100,000, would not have been classified in any way; and yet lower than that again in a great number of divisions. And we have also the explicit testimony of Polybius, that the property standard was of new introduction with regard to the knights, contrary to the old system, in which birth was the qualification. Another proof, besides, is the statement that, even as the censors registered a burgher of the pale in the plebeian tribes, so did they likewise place a plebeian in the equestrian body as a mark of distinction; which excludes a classification according to property. In the reign of Augustus it was indeed quite a different case. At that time, the most distinguished men could not become knights without a certain amount of fortune.

Yet what is meant by census? With us every description of property would be valued, all rights which might be reckoned as a capital. It was otherwise with the Romans. It is to be considered as a proved fact, that the census affected realized property only, “res corporales,” that is to say, substantial objects; not res incorporales, as for instance, debts and obligations. Thus, if I have 50,000 asses in land, and owe 10,000 to some one else, I in fact possess only 40,000. Yet this was not at all regarded in the census of the ancients, as no notice was taken of incumbrances. This very point, which is of paramount importance, has never once been noticed by the earlier writers on Roman history, because they were no men of business. One must not look upon the census as a property tax, but as a land tax; or as a consolidation of direct taxes. Certain objects were estimated at a certain value, according to prescribed rules, and then one paid a corresponding assessment on the thousand. In Dutch Friesland the landed estates were rated according to pounds, and a certain tax assessed on these pounds. An estate was hence called Pondemate (Pound-mead), and a certain number of pence were paid on it. Thus the Roman census comprehended all the landed estates, and without doubt all res mancipî as well; but I am quite convinced that nothing was assessed on outstanding debts, however rich an individual might have been from these sources. The Attic census on the other hand was really a property tax. From thence it followed that the whole floating property in the state had very little weight; for the richest monied man might have come off without any tax, whilst the land had all the burthens, but likewise all the privileges. In this the census closely corresponds to our direct taxes, in which also no account is taken of the mortgages with which an estate is encumbered.

All who did not belong to the equestrian centuries were again divided into those who possessed upwards of 12,500 asses, and the poorer ones, whose census did not reach that sum. The former were distributed into five classes: in these there were no patricians whatever, but all the plebeians whose census amounted to the sum fixed, and the ærarii, that is to say, those who were not in the tribes, but had an income which made them equal to those who were. The ærarians are now what the plebeians had been before: as soon as they acquire landed property, they enter into the tribes. In the first class were all those who in landed estates, metals, agricultural implements, beasts of draught, slaves, flocks, herds, and horses, possessed as much property as was valued at 100,000 asses and upwards: these were divided into eighty centuries. All who were above sixteen and under forty-five, were reckoned among the juniores; from forty-five to sixty, among the seniores. In Sparta, the obligation to military service lasted until the sixtieth year; at Rome, it was in the case of the seniores limited to the defence of the walls only. As regards numerical proportion, the seniores certainly were not half of the whole:—men of that age, according to what is a favourable average of life in the south, would be scarcely a fourth part, or more exactly two-sevenths;—all who were alive above forty-six, might have been about the half. There is every probability that in those times all the rights and obligations of citizenship ceased at the sixtieth year. In Greece, a greater value was placed on the capacity of old people; among the Melians, the whole government was placed in the hands of the aged men above sixty. Although the seniores amounted indeed to not more than about half the number of the juniores, yet they had quite as many votes, and may also have been called up first to give their suffrages. The remainder were divided into four classes, of 75,000, 50,000, 25,000, and 12,500 asses. Of these, the second, third, and fourth had twenty centuries each; the fifth had thirty. A hundred thousand asses was no great fortune; it was pretty nearly equivalent to ten thousand drachmas of Athens, an as being worth about a stiver and a half.[77] At the levies, each century had to serve according to a fixed rate; so that those which contained but a small number, had to do more military duty than the larger ones. The conscription was from tribes and centuries combined. In the thirty tribes, one man was always called from each century of the juniores, from each century therefore thirty men. Each following class had to furnish more troops; and that in such a manner, that when the first supplied a single contingent, the second and third were to send double ones, and the fourth again only a single one, employed as a javelin corps. The fifth also served with a double contingent.

The object of the constitution, which was based upon property, would have been quite defeated, if the first class had not possessed a preponderance of votes. The centuries in the lower classes were strong in numbers in an inverse ratio to their fortunes: out of thirty-five citizens who were able to vote, six only belonged to the first class. Dionysius does not see his way through all the details; yet he plainly states that it was according to property that the whole of the calculations were made.

All those who had property, the assessed value of which amounted to less than 12,500 asses, were moreover divided into such as still belonged to the locupletes, which was the case if their rateable property was worth more than fifteen hundred asses; and into those who had even less. The latter were called proletarii, which means persons who paid no tax: they formed a century. The locupletes comprehended all the plebeians but the proletarians, and so far they were all equal; yet there was a gulf between them and the proletarians. Any locuples, for instance, could in a court of law become personal security for another; the proletarian could not. With money, of course, he only could be vindex, who was able to prove from the censor’s books that he had the requisite property; and certainly locupletes alone could be appointed as judges by the prætor, and appear as witnesses, which is shown by the term locupletes testes. The proletarians, therefore, were placed in quite a different category. Whether at that time they may not also have been debarred from voting in the plebeian tribes, is uncertain.

This is the system of centuries as established by Servius, with regard to which Livy materially differs from Dionysius, and both of them from Cicero in the second book de Republica. This passage is very ill written, but it may be amended. There result from it 195 centuries: 170 in the five classes; two of the locupletes, or assidui; the accensi and velati; two of the proletarians (the proletarii in the stricter acceptation of the word), and the capite censi; and the three centuries of the trades; and lastly, eighteen equestrian centuries, consisting of the six patrician and twelve plebeian ones. Several conjectures have been made concerning that passage of Cicero’s, all of which are wrong; as for instance, what Hermann, highly-distinguished scholar as he is, has said about it. Yet if one is familiar with these researches, every thing may be made clear by the Roman combinations of numbers, as I have elucidated them. It was the aim and object of the whole system, that the minority should decide:[78] wealth and birth combined were to turn the scale, and that by means of the eighteen equestrian centuries and the eighty of the first class, which were the earliest called up to vote; if these were unanimous, every question was decided by them, as they formed the majority of the centuries, though far inferior in number to the rest of the citizens. Among those who were equal in rank, it was again the minority which decided; for the centuries of the seniores contained so much fewer voters than those of the juniores.

Had the intention of this institution been that which historians assign to it, it would have been highly unjust to the patricians, who still continued to form a considerable part of the nation. Those who gave the account did not see that the latter belonged in no way to the classes,—their presence in the centuries was merely that they might be represented, and therefore important as symbolical only;—and they contented themselves with saying that they probably voted with the rich, consequently with the first class. Rich, however, the patricians were not by any means, according to the census: they were tenants in capite, not freeholders. But that injustice did not exist at all; for the centuries stood in the same relation to the curies as the House of Commons does to the House of Lords. No election was valid which the curies had not approved of; nor any law either, for this is the meaning of the expression, ut patres auctores fierent. Besides this, the centuries could not deliberate on any subject which had not been laid before them by the Senate; and no one from among them could get up and speak, which the curies were perfectly at liberty to do. In the tribes it seems to have been allowed, after the tribunes had made a motion, to discuss it until it was put to the vote; yet this perhaps was a privilege but seldom used. Thus therefore was the commonalty extremely restricted in the system of the centuries: it was merely a step towards a free commonwealth. The assembly of the tribes at that time had no legislative power of any kind: it had merely to elect its officers, to make rates for common purposes, and perhaps there was likewise already a sort of poor law administration, as bread was distributed under the superintendence of the ædiles at the temple of Ceres. But the most important privilege of the tribes was this, that a right of appeal to them, such as the patricians had long had to the curies, was also granted by Servius Tullius to the plebeians, against sentences of chastisement for refractory conduct towards the authorities.

The laws of Servius Tullius may have contained much more besides, but Tarquin the Proud is said to have entirely destroyed them; that is to say, they were not to be found in the jus Papirianum. There are stated to have been fifty laws. How far the equalization of both orders may have been carried in other respects, is uncertain; the exclusive claim of the patricians to the use of the public land, and the practice of pledging the person for debt, are said to have been done away with. More certain it is that the lawgiver meant also to lay down the royal dignity, and to bring in the consulship in its stead, so that Populus and Plebes should each be represented by a consul; which was only accomplished a hundred and fifty years later by the lex Licinia. He considered himself as a νομοθέτης, like Lycurgus and Solon. The transition was easy, as indeed the kings likewise were only elective magistrates for life; a system which in earlier times seems to have been very common among the Italian people. The election of two consuls seems to have been projected in the commentaries of Servius Tullius (duo consules creati sunt ex commentariis Servii Tullii; Liv.) But it was not carried into effect; be it that he lost his life too soon, or that he himself put it off. Tanaquil, in the legend, is said to have adjured him not to resign the throne, nor abandon her and hers. All that is ascribed to king Servius Tullius, was not entirely accomplished by him: it became the exciting cause of the revolution of Tarquin the Proud. Although a reign of forty-four years is assigned to Servius, Livy knows of one war only, that against the people of Cære and Tarquinii, which was ended in a few weeks. Dionysius also does not give a single detail which has even the semblance of truth. The length of his reign has been prolonged beyond all bounds; whereas there is every likelihood that it was but a short one.

To the same lawgiver the settlement of the relations with the Latins is attributed. It is said that he made a league with them, and induced them to erect a common Sacrum on the Aventine, in which the tablets containing the covenant were set up; that Rome had offered sacrifice there, and that this, as Livy tells us, was a Confessio rem Romanam esse superiorem. The inquiry into the condition of the Latin people, is decidedly one of the most difficult of that class of subjects: at first every thing belonging to it seemed to me to be confused, and it was only step by step that I came to have clear views with regard to it. It is a mistake of the ancients which I have shared with them until very lately, that Servius had acquired the hegemony over the Latins. This was first done by Tarquin: the very same authors who represent it to be the work of Servius, themselves tell it afterwards of Tarquin. The establishment of the festival of the feriæ Latinæ on the Alban Mount was from the earliest times ascribed to Tarquinius Priscus or Superbus; more correct, however, is the opinion of others, and also of some of the ancients, that it originated with the Latini Prisci. If here the chief of the Latins offered the sacrifice, and the Romans merely took part in it; it is natural, that in order to adjust the balance between the two nations, a counterpoise was formed on the other side, in which Rome got the precedence, and the Latins were guests only. This was accordingly done in the temple of Diana on the Aventine. At a later period, the Latins, having become independent, transfer this symbol of a national right to a grove before the gates of Aricia. In earlier times, Alba was the sovereign state; afterwards, the Romans and Albans are bound in friendly alliance as two distinct nations; under Servius, they join in a close confederation and communion of sacrifice. Thus leagued were the Romans, not only with the Latins, but also with the Sabines; and they constituted a great state, of which Rome was the centre. Without doubt part of Etruria was also subjected to them. This we consider to have been the work of Servius, a hypothesis which is recommended by its simplicity and which rids us of the contradiction above mentioned. When the plebeians became citizens, the Latins drew nigher to the Romans, and mounted in fact upon that step which the plebeians had just left. Thus we find in Roman history, as long as there are signs of life in the people, a steady advance of the more recent institutions, as the old ones, upon which they grew, fell into decay. Those who at first were mere allies, are afterwards incorporated, and form plebeian tribes. Thus the whole of the Roman constitution is a sound healthy development, in which nothing stagnates: the Roman people ever revives and springs up anew; and—what Montesquieu looks upon as the only true progress in the life of states,—Rome, until the fifth century, is the only state which always fell back upon its first principles, so that its life became ever more noble and more vigorous. Afterwards, people begin to check and to keep down what is fresh rising up, and then life is thrown back, and the seeds of decay are first sown. Signs of this evil already show themselves a hundred years before the Gracchi; it breaks out in their time, and from thence goes on increasing for forty years, until it gives birth to the Social War, and that of Sylla and Marius, out of which the people comes forth as a confused mass, being no more able to subsist in republican unity, and necessarily wanting an absolute authority to guide them. One might exactly tell how Rome could have become young again, and have kept up for some hundreds of years longer. The good path lay open; but people were blinded by selfish and besotted prejudice, and they tried when too late to follow it.

With regard to the gradual increase of the city there exist very contradictory opinions, which in the common topographies, as for instance that of Nardini, cause the most confused chaos. Yet this may be set to rights. It should be born in mind that the views which have influenced these statements are manifold. The statement of one set is that a hill was built upon under such or such a king; of another, that it had been taken into the town; and of a third, that those who dwelt on it had obtained the freedom of the city. The result of my researches is as follows. Old Rome was situated on the Palatine: the Pomœrium of Romulus mentioned in Tacitus, which ran from the Forum Boarium through the Circus as far as to the Septizonium, S. Gregorio, the arch of Constantine, the Thermæ of Titus, and from thence back through the Via Sacra by the temples of Venus and Roma,—even the whole of this circuit is a suburb built around the old city, and surrounded, not by walls, but by a rampart and ditch. At that time there was on the Quirinal and the Tarpeian rocks the Sabine town, which likewise had its Pomœrium: between the two ramparts and ditches a road ran along,—the Via Sacra. On this stood the Janus Quirini, a gateway which was bifrons, turned on one side towards the Roman and on the other towards the Sabine town; closed in times of peace, because it was not then wished that there should be any intercourse between the two cities; open in war, as both towns were in a league, and bound to give support to each other. A case quite analogous to this is to be found in the Gætulian town of Ghadames beyond Tripoli: the place is inhabited by two hostile tribes, and is divided by a wall into two parts, which are connected by a gate; likewise closed in peace, and open during war.[79] As for the Cælius, some say that Romulus; others, that Tullus Hostilius; others, that Ancus Marcius added it to the city. The key to which is this; that under Ancus the hill, already inhabited before, was connected with the town by a ditch, the fossa Quiritium, from the old moat of the Pomœrium to the Porta Capena, which was the first enlargement of Rome; and that this was partly to drain off the water, and partly for defence. There is too much water there for excavations to be easily made, otherwise the finest antiquities might be found in the Circus: the Obelisk was brought to light from thence in the sixteenth century. The Agua Marrana is not the aqua damnata of Agrippa: in the old Circus there was a canal which carried the water off. Here was the septem viarum vicus where Ancus cut the ditch, perhaps as far as the sewers. Moreover the Roman and the Sabine towns were still separated by the Forum, which was a marsh. The whole neighbourhood of the Velabrum was as yet a river or a lake; and before this was drained, a topical union of the two towns was impossible: the Janus, probably a dyke, was the only road. To effect this, the works were now executed which are ascribed to Tarquinius Priscus, the immense sewers, or more properly, river tunnels, consisting of one main and several minor channels. The main sewer (cloaca maxima) of a most ancient style of architecture, may be seen to this day, and still carries off the water. Its width is 18 palms,[80] and it is formed by three stone vaults of peperino (a volcanic stone from Gabii and Alba), one above the other, built in the shape of a semicircle. These form the gigantic work: the stones, each of which is 7½ palms long, and 4⅙ palms broad, are joined by no cement or dovetailing, nor any thing of the kind; they hold together merely from the way in which they fit, and the exact closing of the arch. The structure has not for two thousand years undergone the slightest change, having stood unshaken the shock of earthquakes, which have laid waste the rest of the city, and overthrown obelisks; so that one might say that it will see the end of the world. This is the work which made it possible to form Rome into a whole of that extent which it afterwards had. The entire embankment of the river, the quay, is likewise built of stone, of the volcanic stone from Alba; and we may recognise there also the same style of architecture. The other vaults begin between the Quirinal and the Viminal, and run beneath the Forum Augustum, the Forum Romanum and the Forum Boarium into the Velabrum and the cloaca maxima. They are of equally perfect preservation; but they lie deep under ground. They were found during the papacy of Benedict XIV. They are executed on the same immense scale; but they are built of travertino, from which it is manifest, that they are of a later age, and yet perhaps of the time of the republic, somewhat about the first half of the fifth century, before the war of Hannibal. Now therefore the whole country as far as the river was inhabitable, even beyond the Capitoline hill. Soon, however, were greater plans devised for the enlargement of the city. On the north side of the Esquiline, where the kings had built a rampart, level space was to be secured which had the advantage of not being able to be flooded,—a high and dry plain, whither the country people might take refuge in case of war. For this reason Servius Tullius constructed his great rampart from the Porta Collina to the Esquiline gate,—almost the fifth of a German mile, and a moat besides, an hundred feet broad and thirty deep. The earth from the moat formed the rampart, which was protected by a lining wall on the side of the ditch, and by battlements and towers on the top. Of this stupendous work, which Pliny justly regards with wonder, there is hardly anything whatever left; its line only may yet be traced. But in the times of Augustus, even in those of Pliny, it was in perfect preservation, and therefore it was not possible to talk at random about it. It was a public promenade of the Romans: Dionysius has seen it, and walked on it a hundred times. Rome had now gained her seven hills, since the Viminal was first brought by that wall within the precincts of the city, which thus had a circumference of more than a German mile, like Athens after the Persian wars; a considerable town even for our days. We therefore see again how false is the opinion of Florus and others, who look upon the time of the kings, as being one of childhood (infans in cunis vagiens): on the contrary, after the expulsion of the kings Rome fell to a low ebb for a long time.

Well worth our attention is the Etruscan tradition concerning Servius Tullius, and the fragment of Claudius’ speech on the tablets at Lyons, which contains the notices of Cæles Vibenna and Mastarna from Etruscan historians.[81] I never was so much surprised by any literary discovery as by this. Not a soul had taken any heed of it before;—people don’t look at such square letters, especially when they are those of the silly Claudius. I at that time still believed in the Etruscan origin of Rome, and thought that quite a new light would thus be shed upon the whole of the Roman history. Cælius Vibenna must be an historical person: mention is made of him too frequently and too distinctly; his name also is such that the Romans could not have invented it, as the Etruscan language was as foreign to them, as the Celtic to us Germans. Nor is it perhaps to be doubted that he had a friend Mastarna. But when I search into the legislation which is ascribed to Servius Tullius,—whatever abatements may be made on the score of historical precision, especially with regard to chronology, although the fact is unquestionable that Servius reigned before the last king, and was overthrown by the thoroughly historical Tarquin the Proud,—this legislation was yet so peaceful and so free, that I cannot bring myself to believe that a condottiere, a captain of freebooters (for such were those enlisted troops) should have made such mild laws, and intended to change the monarchy into a republic. The whole civil and political legislation of Servius Tullius bears the impress of a thoroughly Latin stamp; the relation also to the Latins bespeaks a Latin lawgiver. He may have been a Corniculan, and have ascended the throne in a manner which was contrary to the established custom. He may have sprung from a marriage of disparagement between one of the Luceres with a woman of Corniculum before the connubium was conceded, and this may be at the bottom of the history of his descent; but a foreigner, or a leader of marauders, he certainly was not. I do not in the least doubt Claudius’ honesty, nor do I impugn the importance of the Etruscan books; yet we must not rate their value too high. What they really were could not be known before Mai discovered the Veronese Scholia on the Æneid (1818). In these are found quotations from two Etruscan historians, Flaccus and Cæcina, which considerably lower our expectations concerning the value of the Etruscan books for the early times. It seems that just as the Romans misunderstood the old Latin history, and substituted the Tyrrhenian one, thus also the Etruscans kept to the traditions of the Tyrrhenians whom they had brought under their yoke, and made Tarchon, him who plays his part in Virgil, and may be met with in the Roman tradition as Tarquinius Priscus, the founder of their empire from Tarquinii. If Claudius had really at hand the old Etruscan rolls written from right to left, of which Lucretius speaks, he was on very slippery ground; but how much more so, if he followed Flaccus and Cæcina, who wrote without any sort of criticism. The books of the Etruscans are for the most part dated too early. Etruria had from the war of Hannibal to that of Sylla, for more than a hundred years, enjoyed profound peace under the supremacy of the Romans; in this time most of the works of Etruscan literature must be placed. Before the Social War, as Cicero states, the sciences flourished all over Italy, of which we have no more any detailed knowledge; certainly histories were written in the whole of Italy, just as in Rome. Now if any one read in the Etruscan books Cæles Vibenna and Mastarna, and chose to put things together, he might have thought with some vanity, “what has become of this Mastarna? very likely he is that Servius Tullius, whose birth has been shrouded in mystery.” Somebody may thus have stumbled upon this idea quite by himself, and Claudius indeed, addle-headed as he was, was sure to believe such a thing. Thus he also says of the tribuni militares consulari potestate, “qui seni sæpe octoni crearentur.” But there have always either been six of these, half of whom were patricians and half plebeians, or promiscue; or else only three patricians, making four with the præfectus urbi: once only we know of eight, when the two censors were reckoned with them, as Onuphr. Panvinius has shown.[82] This may have happened once or twice besides; but at all events it was an anomaly. From this we see that Claudius did not understand the Fasti. Our notice of Mastarna therefore is according to all appearances based upon very slight authority. The Etruscan annals from which Claudius drew may have been old; but that they really were so, is nowhere stated.

The unity of the poem of the Tarquins from the arrival of Tarquinius Priscus to the fight at the Regillus cannot be mistaken,—a noble theme for an epic poet, much more worthy of being treated by Virgil than the Æneid. The account seems credible, and to have been derived from old traditions, that the legislation of Servius Tullius had to be carried through almost by force; that he arbitrarily formed his centuries; and then that these for the second time acknowledged him as king, and ratified his laws. All such changes among the ancients have been brought about in the same way. Moreover it is said that the patricians were angry at this legislation, although it took nothing from them, and merely gave something to the second order; and that they made attempts to murder the king, for which he compelled them to dwell, not on the Esquiline where his house stood, but in the valley below it. All this, as a tradition, has much probability from its intrinsic consistency. Yet the tragedy itself has its origin in the king’s own house. His two daughters, one of them good, the other wicked, are married to the two sons of Tarquinius Priscus; the good one to the younger L. Tarquin, a brave but ambitious young man, the wicked daughter to Aruns the elder brother. The latter saw that Aruns was disposed to give up his claims to the throne, and on this she offered L. Tarquin her hand to be gained by murdering her husband; he accepted it, and carried out her intentions. Tarquin, we are told, now formed a party among the patricians, and arranged with them for the murder of Servius Tullius; the king, when he made his appearance in the Curia, was flung down the steps, and the body guards dispatched him in the street; and Tullia went to greet her husband as king, and as she was returning drove over the corpse, owing to which the street got the name of vicus sceleratus.

That Servius lost his life in a rebellion of Tarquin, and that the latter was supported by the whole body of the citizens, in particular by the Luceres, his own party (factio regis, gentes minores), so that these reaped the fruits of the revolution, and the two first tribes thought themselves hardly dealt with, may be looked upon as historical. Yet I am far from considering as such all the details which are given about the daughters of the old king: they are no more so than the tale of Lady Macbeth. There is so wide a gulf between our manners and the crimes of the South, that we have not a notion of their possibility or impossibility; yet even if those accounts were possible, historical they are not. That the rule of Tarquin the Proud was brilliant but frightfully oppressive, and that he trampled the laws of Tullius under foot, may belong to history; but those appalling massacres of his cannot but be poetry. Tarquin has perhaps the misfortune of an awful poetical celebrity, much worse than he may have deserved. Yet he cannot have entirely abolished the laws of Servius at once. There may be some truth in the statement that he put down the meetings of the plebeian tribes; that he did away with their festivals; and that he did not call them together for legislation and the election of their magistrates. Nor, in fact, was there much occasion for these last, the criminal judges being chosen by the patricians. When it is recounted, that Tarquin undertook immense works, that he built the magnificent Capitoline temple, after having arranged the site for it, it is possible that he used the plebeians as his bondmen, that many of them committed suicide on that account, and that in order to prevent this he had the corpses fastened upon a cross. We must here proceed with caution and circumspection; the details will always remain uncertain, and all that cannot be set aside as impossible, is not therefore necessarily true. That Tarquin did not abolish the division into classes, seems to me certain; partly because it was advantageous for him to have the improved military organization, and partly because from the connection which he entered into with Latium, we are to conclude that the constitutions of the two states were the same; so that either Servius Tullius gave to the Romans a Latin constitution, or Tarquin to the Latins the Roman one. Even if Tarquin the Proud and his revolution in favour of the patricians, especially those of the third order, are quite historical, yet it is still singular that the third order should seem nevertheless after that revolution to have been inferior to the two others. This very fact, that the interests of the two first tribes clashed with those of the third, paved the way for a popular revolution.

According to Livy and Dionysius, the Latins, with the exception of Gabii, were induced to acknowledge the supremacy of Rome and of Tarquin; on the other hand, Cicero in the books De Republica says, universum Latium bello subegit. Whether this war was merely passed over by the others, or whether Cicero let fall the expression from carelessness only, cannot now be decided. It is probable that there have always existed discrepancies between the narrations of poetry and history: the tale of Turnus Herdonius has a highly poetical colouring. Whilst under Servius there was an alliance with reciprocity, Latium now entered into that relation in which afterwards the Socii Italici stood, when they bound themselves ad majestatem populi Romani comiter colendam. It seems also that the Latins, when there was a change of rulers at Rome, had refused to renew the alliance concluded under the late king.

In the alliance between Rome and Carthage, (of which the original treaty was kept among the archives of the ædiles, which also Polybius, as he states himself, not without a great deal of trouble, translated into Greek, since even the Romans themselves could hardly decypher and tell the meaning of the old writing; an alliance which was to be renewed from time to time, as in our days is still the case with those with the Barbary states,) we see the whole coast, not only of the Prisci Latini, but as far as Terracina, which at that time perhaps was still Tyrrhenian and not Volscian, in the possession of Rome; its inhabitants are called in the Greek translation ὑπήκοοι. Rome concludes the alliance for them as well as for herself; it is stipulated that, if the Carthaginians should make conquests in Latium, they were to give them up to the Romans. This treaty is as authentic as any thing can be: it is a strange whim of an otherwise estimable man,[83] to take it for an invention of Polybius. Here, therefore, Latium is still dependent on Rome, to which dependence Livy also bears witness: it was a relation newly established. Afterwards, when all as far as Antium rise up in hostility against Rome, we again recognise a decline of Roman power. The Feriæ Latinæ are an assembly of all the Latin nations, not merely of the Prisci Latini on the Alban Hill, where we know that the Latin authorities must needs have had the presidency. Yet Dionysius tells us that Tarquin had established the festival; that a bullock was killed, of which the delegates of the several towns each received a piece (carnem Latinis accipere). The Milanese Scholiast on Cicero’s oration for Plancius[84] says, that with regard to this there had been a different tradition; that some had ascribed the festival to Tarquinius Priscus,—this is a mere falsification for Tarquinius Superbus out of spite against the latter, just as the foundation of the Capitol was referred to the former king,—others to the Prisci Latini, which consequently would place it in the earliest times. The latter are perfectly right. The festivals existed long before Tarquin, as long as there was a Latin people. Yet, at the same time, the other opinion has arisen from a mistake which is very easily accounted for; for if Tarquin the Proud obtained the supremacy over Latium, he would also naturally preside at the sacrifices as the Ætolians did at Delphi during their hegemony, from whence the well known expression in the inscriptions, ἱερομνημονούντων Αἰτωλῶν.

In order to make a full use of Latium for his own ends, whilst yet he did not quite trust the Latins, he did not wish to admit their troops in distinct legions, under their own officers. He therefore combined the Roman with the Latin legions, and then divided these again into two parts. The Latins had a similar organization to that of the Romans: the system of centuries among the latter was based upon the thirty tribes, among the former upon the thirty towns. He united two centuries into a maniple, the Roman officer being primus centurio; as in the East Indian possessions of the English, the officers are exclusively Europeans.[85] Livy confounds the primus centurio with the primipilus. Here the maniples now first make their appearance; and this is the plain meaning of what Livy tells in a confused manner, but which may certainly be unravelled.

We are, however, not a little puzzled as to what we are to believe of the detached accounts. It is stated that Tarquin had established colonies at Signia and Circeii, and that he had taken Gabii by stratagem. The latter is false, and the accounts are compiled out of two in Herodotus of Zopyrus and of Thrasybulus of Miletus. Authentic is the alliance with Gabii, from which we see that Gabii was out of the union of the thirty towns, the relation with which had been already settled before. Still in the times of Horace, the original treaty, one of the few which had been preserved, was kept in a temple. It is clear from it, that Gabii had acquired isopolity by a formal compact.