13. RELIGIOUS ORGANISATION IN ITS POLITICAL ASPECT BEURLIER, E.-Essai sur le culte rendu aux Empereurs Romains. Paris, 1890.

-BOISSIER, G.-La religion Romaine d'Auguste aux Antonins. Paris, 1874. BOUCHE-LECLERCQ, A.-Les pontifes de l'ancienne Rome. Paris, 1871. GUIRAUD, P.-Les assemblées provinciales dans l'Empire Romain. Paris, 1887.

MARQUARDT, J.- -"De provinciarum Romanarum conciliis et sacerdotibus " (Ephemeris Epigraphica, vol. i. pp. 200-14).

MOURLOT, F.-Essai sur l'histoire de l'Augustalité dans l'empire Romain. Paris, 1895.

14. THE MUNICIPAL TOWNS

KUHN, E.-Die städtische und bürgerliche Verfassung des römischen Reichs bis auf die Zeiten Justinians. Leipzig, 1864-65.

LIEBENAM, W.-Städteverwaltung im römischen Kaiserreiche. Leipzig, 1900. MOMMSEN, TH. -"Die Stadtrechte der latinischen Gemeinden Salpensa

und Malaca in der Provinz Baetica" (Abhandlungen der philologischhistorischen Classe der königlich sächsischen Gesellschaft der Wissenschaften, Bd. II.). Leipzig, 1857.

15. THE PROVINCES

ARNOLD, W.-The Roman system of provincial administration to the accession of Constantine the Great. London, 1879.

-MARQUARDT, J.-Römische Staatsverwaltung, Bd. I. Leipzig, 1881. MOMMSEN, TH.-The provinces of the Roman Empire from Caesar to Diocletian. Translated by William P. Dickson. London, 1886.

16. SOURCES AND DOCUMENTS

BRUNS, C.-Fontes juris Romani antiqui. Freiburg, 1893.
KIPP, TH.—Quellenkunde des römischen Rechts. Leipzig, 1896.

17. INSCRIPTIONS

Corpus Inscriptionum Latinarum. Berlin.

Inscriptiones Regni Neapolitani, ed. Mommsen. Leipzig, 1852.

MOMMSEN, TH. - Res gestae divi Augusti ex monumentis Ancyrano et Apolloniensi. Berlin, 1883.

ORELLI-HENZEN.—Inscriptionum Latinarum selectarum collectio. Zürich,

1828-56.

PELTIER, C.-Res gestae divi Augusti. Paris, 1886.

WILMANNS, G.-Exempla inscriptionum Latinarum. Berlin, 1873.

18. DICTIONARIES OF ANTIQUITIES CONTAINING ARTICLES ON ROMAN

CONSTITUTIONAL LAW

DAREMBERG-SAGLIO. — Dictionnaire des antiquités Grecques et Romaines

(A to Lib). 1875, etc.

PAULY.-Real-Encyclopädie der classischen Alterthumswissenschaft.
Stuttgart, 1839.

6 Bde.

PAULY-WISSOWA.-Real-Encyclopädie, etc. (a new edition of the above, A to Corn). 1893, etc.

SMITH.-Dictionary of Greek and Roman antiquities. Third edition, edited by W. Smith, W. Wayte, and G. E. Marindin. London, 1890.

19. HISTORIES OF ROME

DURUY, V.-History of Rome and of the Roman people, from its origin to the establishment of the Christian Empire. Translated by W. J. Clarke. Edited by J. P. Mahaffy. London, 1883-86.

GARDTHAUSEN, V.-Augustus und seine Zeit. Leipzig, 1891-96.

GIBBON, E. - The history of the decline and fall of the Roman Empire. Edited by J. B. Bury. London, 1896-1900.

HERTZBERG, G.-Geschichte des römischen Kaiserreichs (Oncken, W.Allgemeine Geschichte, Hauptabth. 2, Thl. 1). Berlin, 1880.

How (W.) and LEIGH (H.).-A history of Rome to the death of Caesar. London, 1896.

IHNE, W.-Römische Geschichte. Leipzig, 1868-90.

LONG, G.-The decline of the Roman Republic. London, 1864-74.

MERIVALE, C.--History of the Romans under the Empire. London, 1875-76. MOMMSEN, TH. The history of Rome. Translated by W. P. Dickson. London, 1894.

NIEBUHR, B.-Römische Geschichte. Neue Ausgabe von M. Isler. Berlin, 1873-74.

NIEBUHR, B.-History of Rome.

Translated by Walter (F.), Smith (W.),

and Schmitz (L.). London, 1827-44.

→PELHAM, H.-Outlines of Roman History. London, 1893.

PETER, C.-Geschichte Roms. Halle, 1881.

RANKE, L. VON.—Weltgeschichte. Thl. II. ("die römische Republik und

ihre Weltherrschaft").

Leipzig, 1883.

Thl. III. ("das altrömische Kaiserthum ").

SCHILLER, H.-Geschichte der römischen Kaiserzeit. Gotha, 1883-87.

CHAPTER I

THE EARLIEST CONSTITUTION OF ROME

§ 1. The Growth of the City

IN the developed political life of Italy there is a survival of a form of association known as the pagus-an ethnic or, at least, a tribal unit, which is itself composed of a number of hamlets (vici, oîkoɩ). This district with its group of villages perhaps represents the most primitive organisation of the Italian peoples engaged in agriculture and pastoral pursuits.2 pagus seems to resemble the tribe (tribus) of the fully formed city-state, while the vicus may often have represented, or professed to represent, a simple clan (gens). In the centre of the district lay a stronghold (arx, castellum), in which the people took shelter in time of danger.

3

4

The

There are, indeed, traditions of isolated units still smaller than the pagus. The clan is sometimes pictured as wandering alone with its crowd of dependants. But migration itself would have tended to destroy the self-existence of the family; the horde is wider than the clan, and the germ of the later civitas must have appeared first, perhaps, in the pagus, later in the populus which united many pagi. The union may have been

1 Pagus (connected etymologically with Tyvuμɩ, pago, pango) implies the idea of "foundation" or "settlement."

2 Cf. Liv. ii. 62 "Incendiis deinde non villarum modo, sed etiam vicorum, quibus frequenter habitabatur, Sabini exciti."

3 So Servius Tullius is said, according to one account, to have divided the territory of Rome into twenty-six pagi. Pagus is dñμos in Greek (Festus p. 72), but this proves little as to its origin; it is the pagus as part of a state that is thus translated. The dĥuos or dâuos in Greece had often been (as in Elis) a selfexistent community.

4 Liv. ii. 16. Yet even here the Claudia gens is represented as expelled from a civitas.

slight at first, and may often have been based merely on the possession of some common shrine. Much of the civil and criminal law was administered within the family in the form of a domestic jurisdiction which survived in historical Rome; but a common market would involve disputes, and these would have to be settled by an appeal to an arbitrator (arbiter) even before the idea of a magistracy was evolved. Lastly come military necessities whether of defence or aggression. It is these that create a power which more than any other makes the state. The mild kingship of the high-priest of the common cult gives way to the organised rule of an imperium, and the king, praetor or dictator, is the result, the coherence of infant organisation being dependent on the strength of the executive power.

In the earliest city of Rome, to which we are carried back by tradition or archaeological research, this development has already been attained. The square city (Roma quadrata) was the enclosure of the Palatine, the "grazing-land" of the early Roman shepherd; the bounds of the oldest pomerium were known in later times to have been the limits of this site,2 and traces of the tufa ring-wall may yet be seen. From this centre

Traces of ritual

the city spread in irregular concentric circles.3 have preserved a memory of a city of the seven hills (Septimontium)—not those of the Servian Rome, but five smaller elevations, three (Palatium, Cermalus, Velia) on the older city of the Palatine, and two (Oppius, Cispius) on the newly-included Esquiline; while two valleys on the latter (Fagutal and Subura) also bear the name montes, and are, with the sites that really deserve the name, inhabited by the montani, who are distinguished from the pagani, the inhabitants of the lower-lying land beneath. It is not impossible that these seven "hills" were once the sites of independent or loosely connected villages (vici, or perhaps even pagi) which were gradually amalgamated under a central power, and, as the walls of the state could never have been coterminous with its territory, each successive enclosure must show the

1 The ancients derived Palatine from the balare or palare of cattle (Festus p. 220) or from the shepherd's god Pales (Solinus i. 15). It is perhaps derived from the root pa (pasco). See O. Gilbert Geschichte u. Topographie der Stadt Rom in Altertum i. p. 17.

2 Tac. Ann. xii. 24.

3 This tendency is best exhibited in Richter's map showing the extension of Rome (Baumeister Denkmäler art. "Rom" Karte v.).

4 Festus pp. 340, 341.

See Gilbert Topographie i. pp. 38, 162.

incorporation, voluntary or enforced, of a far greater number of smaller political units than those which the fortifications directly absorbed. Modern inquirers, following up a further hint supplied by the survival of a ritual, have held that there was another advance before the epoch of the Servian Rome was reached, and that what is known as "the Rome of the four regions" survives in the sites associated with the chapels of the Argei, and is preserved in the administrative subdivisions of the city to the close of the Republic.2 To form these regions the Caelian, the Quirinal, and the Viminal hills were added, while the Capitol with its two peaks now became, not indeed a part of the town, but, as the "head" of the state, its chief stronghold and the site of its greatest temples. The final step in the city's growth was the enclosure associated with the name of Servius Tullius, a fortification extending beyond the limits of the true pomerium, which added to the city the whole of the Esquiline to the north-east, the Aventine to the south-west, stretched to the west to the bank of the Tiber where the Pons Sublicius crosses the river, and formed the enceinte of Republican Rome.

3

It is possible that an amalgamation of slightly different ethnic elements may be associated with this extension of the city. That a difference of race lay at the basis of the division of the primitive people into their three original tribes was believed in the ancient, and has often been held in the modern world. The Tities (or Titienses) were supposed to be Sabine, the Ramnes (or Ramnenses) Roman; the Luceres were held by some to be also Latin, by others to be Etruscan. There is, however, a rival tradition of the artificial creation of these tribes by the first Roman king, and, when we remember the arbitrary application in the Greek world of tribe-names that had once been significant,5 we may hold it possible that the great σvvoikiμós

1 Varro L.L. v. 45 ff.

2 i.e. in the four city tribes-Palatina (Palatine, Cermalus, Velia), Esquilina (Oppius, Cispius, Fagutal), Suburana or Sucusana (Coelius, Subura), Collina (Quirinalis, Viminalis—a region outside the old Septimontium). See Belot Histoire des Chevaliers Romains i. p. 401.

3 The Sabine origin of the Tities rested perhaps on the Sabine sacra of the sodales Titii (Tac. Ann. i. 54). Cf. the Thracian origin ascribed to the Eumolpidae at Athens on account of the character of their cult.

...

Cic. de Rep. ii. 8, 14 "populumque et suo et Tatii nomine et Lucumonis, qui Romuli socius in Sabino proelio occiderat, in tribus tris . . . discripserat.' 5 e.g. the manner in which the Ionic tribe-names were imposed at Athens after their primitive signification had been lost.