To the end that there might be as perfect a fighting machine as
possible, Romulus pledged his people to bring up all males except those
who were lame or monstrous from birth. To the same end, and according
to the same authority, he pledged them to bring up the first-born of
the females—and in this he acted purely in the spirit of the time and
as the founder of a warlike race. Personal interest may be conceded,
inasmuch as he would have been the victim of the practice of exposing
children had his uncle Amulius had his way.[320]
In his introduction to the _Institutes of Justinian_,[321] Sandars
declares that Roman law will be better understood if those interested
will apprehend the distinction between the contribution of Romulus
and the tribe of Ramnes, who dwelt on the Palatine Hill, and the
contribution of Numa and the Titienses who dwelt on the Capitoline and
the Quirinal. The two races combined to make a united society, the
Ramnes bringing distinct ideas of public law and, in the dimmest days
of history, presenting the features of a carefully organized polity.
“When the tribe went out to war it did not conquer lands for the
benefit of individuals, but for the whole people.”[322]
The Titienses, or Quirites, on the other hand, were of Sabine
extraction. To them are traceable the private law, and, what is of
interest to us, the peculiar notions of the family and of property. The
great peculiarity of the Sabine law, or as it was called by the Latin
writers, the _jus_ Quirium, was the form of the _manus_—the hand. The
_manus_ was the conqueror’s sign of conquest, or rather the insignia of
the freebooter; all he laid hand upon became absolutely his; he could
deal with it as he pleased. All that his wife and children had, also
belonged to him, to be done with as he willed—even their lives. This
was the Sabine contribution to what afterward became “Roman Law,” when
the Sabine tribes of the Capitoline Hill and the Ramnes tribe of the
Palatine united to form the city of Rome.
Nowhere in law or history is there so interesting a duality as this
origin of Rome and the Roman law, and no single custom arising as it
did, has affected civilization as strangely and so widely. To think of
a tribe living at Fleet Street super-imposing a law on a tribe living
at Westminster, or a clan having its habitat in Wall Street grafting
a law upon a people fortressed and buttressed in Madison Square
Garden—taking either section of London or New York as an example of
the extent of the Rome of that day—it seems impossible that such a law,
thus accepted, should become the law of the world, and remain so for
centuries.
Public-domain text, read in full here on John Shaqi.
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