NOTES TO LECTURE IV
[131] Frazer, Lectures on the Early History of the Kingship, lect. viii. Dr. Frazer finds traces of Mutterrecht only in the succession to the kingship of Alba and Rome, of which the evidence is of course purely legendary. If the legends represent fact in any sense, they point, if I understand him rightly, to a kingship held by a non-Latin race, or, as he calls it, plebeian. Binder, Die Plebs, p. 403 foll., believes that the original Latin population, i.e. the plebs of later times, lived under Mutterrecht.
[132] Aust, Religion der Römer, p. 212.
[133] In historical times the household deities were often represented by images of Greek type: e.g. the Penates by those of the Dioscuri. Wissowa, Rel. und Kult. p. 147, and Gesammelte Abhandlungen, p. 95 foll., and 289. See also De Marchi, La Religione nella vita privata, i. p. 41 foll. and p. 90 foll.
[134] De Marchi, op. cit. i. 13 foll. In the ordinary and regular religion of the family the State, i.e. the pontifices, did not interfere; but they might do so in matters such as the succession of sacra, the care of graves, or the fulfilment of vows undertaken by private persons. See Cicero, de Legibus, ii. 19. 47.
[135] Mucius Scaevola, the great lawyer, defined gentiles as those "qui eodem nomine sunt, qui ab ingenuis oriundi sunt, quorum maiorum nemo servitutem servivit, qui capite non sunt deminuti," Cic. Topica, vi. 29. This is the practical view of a lawyer of the last century b.c., and does not take account of the sacra gentilicia, which had by that time decayed or passed into the care of sodalitates: Marquardt, p. 132 foll.; De Marchi, ii. p. 3 foll. The notion of descent from a common ancestor is of course ideal, but none the less a factor in the life of the gens; it crops up, e.g., in Virgil, Aen. v. 117, 121, and Servius ad loc.
[136] Crawley, The Tree of Life, p. 47.
[137] For the alleged extinction of the gens Potitia, and the legend connected with it, Livy i. 7, Festus 237.
[138] See Marquardt, Privataltertümer, p. 56, and note 6.
[139] There is, I believe, no doubt that the etymological affinities of the word familia point to the idea of settlement and not that of kin; e.g. Oscan Faama, a house, and Sanscrit dhâ, to settle.