[35] Perduellio, (duellum, bellum,) high treason against the state or its sovereign; but in those times any offence deserving capital punishment was included under that of treason, Qui Horatio perduellionem judicent, to pass sentence on Horatius, as being manifestly guilty of murder; not to try whether he was guilty or not.
[36] Duumviri, etc. Niebuhr considers these to be the very words of the old formula.
[37] If the sentence (of the duumviri) be confirmed by the people.
[38] The letter of the law allowed of no justification or extenuation of the fact. It left no alternative to the judge.
[39] He kindly pointed out the loop-hole in the law, which left an opening for the culprit's acquittal.
[40] By the laws of Romulus, a father had the power of life and death over his children.
[41] The part which he reserves for himself and the Albans is to play the traitors to Tullus in the hour of need, wearing meanwhile the mark of friendship to Rome.
[42] The fact is, that the subject population rose up against the Roman colonists, drove them out of the town, and asserted their independence. Nieb. i. 24. 5.
[43] The Tiber and the Anio.
[44] Erigit—"he makes it halt," from the French faire alte, or formerly haut, because soldiers then stand upright and hold their spears erect.