Amulius now being dead and matters quietly disposed, the two brothers would neither dwell in Alba without governing there, nor take the government into their own hands during the life of their grandfather. Having therefore delivered the dominion up into his hands, and paid their mother befitting honor, they resolved to live by themselves, and build a city in the same place where they were in their infancy brought up. This seems the most honorable reason for their departure; though perhaps it was necessary, having such a body of slaves and fugitives collected about them, either to come to nothing by dispersing them, or if not so, then to live with them elsewhere. For that the inhabitants of Alba did not think fugitives worthy of being received and incorporated as citizens among them plainly appears from the matter of the women, an attempt made not wantonly but of necessity, because they could not get wives by good-will. For they certainly paid unusual respect and honor to those whom they thus forcibly seized.
Not long after the first foundation of the city, they opened a sanctuary of refuge for all fugitives, which they called the temple of the god Asylaeus, where they received and protected all, delivering none back, neither the servant to his master, the debtor to his creditor, nor the murderer into the hands of the magistrate, saying it was a privileged place, and they could so maintain it by an order of the holy oracle; insomuch that the city grew presently very populous, for, they say, it consisted at first of no more than a thousand houses. But of that hereafter.
Their minds being fully bent upon building, there arose presently a difference about the place where. Romulus chose what was called Roma Quadrata, or the Square Rome, and would have the city there. Remus laid out a piece of ground on the Aventine Mount, well fortified by nature, which was from him called Remonium, but now Rignarium. Concluding at last to decide the contest by a divination from a flight of birds, and placing themselves apart at some distance, Remus, they say, saw six vultures, and Romulus double the number; others say Remus did truly see his number, and that Romulus feigned his, but, when Remus came to him, that then he did, indeed, see twelve. Hence it is that the Romans, in their divinations from birds, chiefly regard the vulture, though Herodorus Ponticus relates that Hercules was always very joyful when a vulture appeared to him upon any action. For it is a creature the least hurtful of any, pernicious neither to corn, fruit-tree, nor cattle; it preys only upon carrion, and never kills or hurts any living thing; and as for birds, it touches not them, though they are dead, as being of its own species, whereas eagles, owls, and hawks mangle and kill their own fellow-creatures; yet, as Aeschylus says,—
What bird is clean that preys on fellow bird ?
Besides all other birds are, so to say, never out of our eyes; they let themselves be seen of us continually; but a vulture is a very rare sight, and you can seldom meet with a man that has seen their young; their rarity and infrequency has raised a strange opinion in some, that they come to us from some other world; as soothsayers ascribe a divine origination to all things not produced either of nature or of themselves.
When Remus knew the cheat, he was much displeased; and as Romulus was casting up a ditch, where he designed the foundation of the citywall, he turned some pieces of the work to ridicule, and obstructed others: at last, as he was in contempt leaping over it, some say Romulus himself struck him, others Celer, one of his companions; he fell, however, and in the scuffle Faustulus also was slain, and Plistinus, who, being Faustulus’s brother, story tells us, helped to bring up Romulus. Celer upon this fled instantly into Tuscany, and from him the Romans call all men that are swift of foot Celeres; and because Quintus Metellus, at his father’s funeral, in a few days’ time gave the people a show of gladiators, admiring his expedition in getting it ready, they gave him the name of Celer.
Romulus, having buried his brother Remus, together with his two foster- fathers, on the mount Remonia, set to building his city; and sent for men out of Tuscany, who directed him by sacred usages and written rules in all the ceremonies to be observed, as in a religious rite. First, they dug a round trench about that which is now the Comitium, or Court of Assembly, and into it solemnly threw the first-fruits of all things either good by custom or necessary by nature; lastly, every man taking a small piece of earth of the country from whence he came, they all threw them in promiscuously together. This trench they call, as they do the heavens, Mundus; making which their center, they described the city in a circle round it. Then the founder fitted to a plow a brazen plowshare, and, yoking together a bull and a cow, drove himself a deep line or furrow round the bounds; while the business of those that followed after was to see that whatever earth was thrown up should be turned all inwards towards the city, and not to let any clod lie outside. With this line they described the wall, and called it, by a contraction, Pomoerium, that is, post murum, after or beside the wall; and where they designed to make a gate, there they took out the share, carried the plow over, and left a space; for which reason they consider the whole wall as holy, except where the gates are; for had they adjudged them also sacred, they could not, without offense to religion, have given free ingress and egress for the necessaries of human life, some of which are in themselves unclean.
As for the day they began to build the city, it is universally agreed to have been the twenty-first of April, and that day the Romans annually keep holy, calling it their country’s birthday. At first, they say, they sacrificed no living creature on this day, thinking it fit to preserve the feast of their country’s birthday pure and without stain of blood. Yet before ever the city was built, there was a feast of herdsmen and shepherds kept on this day, which went by the name of Palilia. The Roman and Greek months have now little or no agreement; they say, however, the day on which Romulus began to build was quite certainly the thirtieth of the month, at which time there was an eclipse of the sun which they conceive to be that seen by Antimachus, the Teian poet, in the third year of the sixth Olympiad. In the times of Varro the philosopher, a man deeply read in Roman history, lived one Tarrutius, his familiar acquaintance, a good philosopher and mathematician, and one, too, that out of curiosity had studied the way of drawing schemes and tables, and was thought to be a proficient in the art; to him Varro propounded to cast Romulus’s nativity, even to the first day and hour, making his deductions from the several events of the man’s life which he should be informed of, exactly as in working back a geometrical problem; for it belonged, he said, to the same science both to foretell a man’s life by knowing the time of his birth, and also to find out his birth by the knowledge of his life. This task Tarrutius undertook, and first looking into the actions and casualties of the man, together with the time of his life and manner of his death, and then comparing all these remarks together, he very confidently and positively pronounced that Romulus was conceived in his mother’s womb the first year of the second Olympiad, the twenty-third day of the month the Egyptians call Choeac, and the third hour after sunset, at which time there was a total eclipse of the sun; that he was born the twenty-first day of the month Thoth, about sun-rising; and that the first stone of Rome was laid by him the ninth day of the month Pharmuthi, between the second and third hour. For the fortunes of cities as well as of men, they think, have their certain periods of time prefixed, which may be collected and foreknown from the position of the stars at their first foundation. But these and the like relations may perhaps not so much take and delight the reader with their novelty and curiosity, as offend him by their extravagance.
The city now being built, Romulus enlisted all that were of age to bear arms into military companies, each company consisting of three thousand footmen and three hundred horse. These companies were called legions, because they were the choicest and most select of the people for fighting men. The rest of the multitude he called the people; one hundred of the most eminent he chose for counselors; these he styled patricians, and their assembly the senate, which signifies a council of elders. The patricians, some say, were so called because they were the fathers of lawful children; others, because they could give a good account who their own fathers were, which not every one of the rabble that poured into the city at first could do; others, from patronage, their word for protection of inferiors, the origin of which they attribute to Patron, one of those that came over with Evander, who was a great protector and defender of the weak and needy. But perhaps the most probable judgment might be, that Romulus, esteeming it the duty of the chiefest and wealthiest men, with a fatherly care and concern to look after the meaner, and also encouraging the commonalty not to dread or be aggrieved at the honors of their superiors, but to love and respect them, and to think and call them their fathers, might from hence give them the name of patricians. For at this very time all foreigners give senators the style of lords; but the Romans, making use of a more honorable and less invidious name, call them Patres Conscripti; at first indeed simply Patres, but afterwards, more being added, Patres Conscripti. By this more imposing title he distinguished the senate from the populace; and in other ways also separated the nobles and the commons,—calling them patrons, and these their clients,—by which means he created wonderful love and amity between them, productive of great justice in their dealings. For they were always their clients’ counselors in law cases, their advocates in courts of justice, in fine their advisers and supporters in all affairs whatever. These again faithfully served their patrons, not only paying them all respect and deference, but also, in case of poverty, helping them to portion their daughters and pay off their debts; and for a patron to witness against his client, or a client against his patron, was what no law nor magistrate could enforce. In after times all other duties subsisting still between them, it was thought mean and dishonorable for the better sort to take money from their inferiors. And so much of these matters.
In the fourth month, after the city was built, as Fabius writes, the adventure of stealing the women was attempted; and some say Romulus himself, being naturally a martial man, and predisposed too, perhaps, by certain oracles, to believe the fates had ordained the future growth and greatness of Rome should depend upon the benefit of war, upon these accounts first offered violence to the Sabines, since he took away only thirty virgins, more to give an occasion of war than out of any want of women. But this is not very probable; it would seem rather that, observing his city to be filled by a confluence of foreigners, few of whom had wives, and that the multitude in general, consisting of a mixture of mean and obscure men, fell under contempt, and seemed to be of no long continuance together, and hoping farther, after the women were appeased, to make this injury in some measure an occasion of confederacy and mutual commerce with the Sabines, he took in hand this exploit after this manner. First, he gave it out as if he had found an altar of a certain god hid under ground; the god they called Consus, either the god of counsel (for they still call a consultation consilium and their chief magistrates consules, namely, counselors), or else the equestrian Neptune, for the altar is kept covered in the circus maximus at all other times, and only at horse-races is exposed to public view; others merely say that this god had his altar hid under ground because counsel ought to be secret and concealed. Upon discovery of this altar, Romulus, by proclamation, appointed a day for a splendid sacrifice, and for public games and shows, to entertain all sorts of people; many flocked thither, and he himself sat in front, amidst his nobles, clad in purple. Now the signal for their falling on was to be whenever he rose and gathered up his robe and threw it over his body; his men stood all ready armed, with their eyes intent upon him, and when the sign was given, drawing their swords and falling on with a great shout, they ravished away the daughters of the Sabines, they themselves flying without any let or hindrance. They say there were but thirty taken, and from them the Curiae or Fraternities were named; but Valerius Antias says five hundred and twenty-seven, Juba, six hundred and eighty-three virgins; which was indeed the greatest excuse Romulus could allege, namely, that they had taken no married woman, save one only, Hersilia by name, and her too unknowingly; which showed they did not commit this rape wantonly, but with a design purely of forming alliance with their neighbors by the greatest and surest bonds. This Hersilia some say Hostilius married, a most eminent man among the Romans; others, Romulus himself, and that she bore two children to him, a daughter, by reason of primogeniture called Prima, and one only son, whom, from the great concourse of citizens to him at that time, he called Aollius, but after ages Abillius. But Zenodotus the Troezenian, in giving this account, is contradicted by many.