They agreed to decide their dispute by watching the flight of birds, and having taken their seats apart, it is said that six vultures appeared to Remus, and afterwards twice as many to Romulus. Some say that Remus really saw his vultures, but that Romulus only pretended to have seen them, and when Remus came to him, then the twelve appeared to Romulus; for which reason the Romans at the present day draw their auguries especially from vultures. Herodorus of Pontus says that Hercules delighted in the sight of a vulture, when about to do any great action. It is the most harmless of all creatures, for it injures neither crops, fruit, nor cattle, and lives entirely upon dead corpses. It does not kill or injure anything that has life, and even abstains from dead birds from its relationship to them. Now eagles, and owls, and falcons, peck and kill other birds, in spite of Aeschylus's line,
"Bird–eating bird polluted e'er must be."
Moreover, the other birds are, so to speak, ever before our eyes, and continually remind us of their presence; but the vulture is seldom seen, and it is difficult to meet with its young, which has suggested to some persons the strange idea that vultures come from some other world to pay us their rare visits, which are like those occurrences which, according to the soothsayers, do not happen naturally or spontaneously, but by the interposition of Heaven.
X. When Remus discovered the deceit he was very angry, and, while Romulus was digging a trench round where the city wall was to be built, he jeered at the works, and hindered them. At last, as he jumped over it, he was struck dead either by Romulus himself, or by Celer, one of his companions. In this fight, Faustulus was slain, and also Pleistinus, who is said to have been Faustulus's brother and to have helped him in rearing Romulus and his brother. Celer retired into Tyrrhenia, and from him the Romans call quick sharp men Celeres ; Quintus Metellus, who, when his father died, in a very few days exhibited a show of gladiators, was surnamed Celer by the Romans in their wonder at the short time he had spent in his preparations.
XI. Romulus, after burying Remus and his foster–parents in the Remurium, consecrated his city, having fetched men from Etruria, who taught him how to perform it according to sacred rites and ceremonies, as though they were celebrating holy mysteries. A trench was dug in a circle round what is now the Comitium, and into it were flung first–fruits of all those things which are honourable and necessary for men. Finally each man brought a little of the earth of the country from which he came, and flung it into one heap and mixed it all together. They call this pit by the same name as the heavens, Mundus . Next, they drew the outline of the city in the form of a circle, with this place as its centre. And then the founder, having fitted a plough with a brazen ploughshare, and yoked to it a bull and a cow, himself ploughs a deep furrow round the boundaries. It is the duty of his attendants to throw the clods inwards, which the plough turns up, and to let none of them fall outwards. By this line they define the extent of the fortifications, and it is called by contraction, Pomoerium, which means behind the walls or beyond the walls ( post moenia ). Wherever they intend to place a gate they take off the ploughshare, and carry the plough over, leaving a space. After this ceremony they consider the entire wall sacred, except the gates; but if they were sacred also, they could not without scruple bring in and out necessaries and unclean things through them.
XII. It is agreed that the foundation of the city took place on the eleventh day before the Kalends of May (the 21st of April). And on this day the Romans keep a festival which they call the birthday of the city. At this feast, originally, we are told, they sacrificed nothing that has life, but thought it right to keep the anniversary of the birth of the city pure and unpolluted by blood. However, before the foundation of the city, they used to keep a pastoral feast called Palilia. The Roman months at the present day do not in any way correspond to those of Greece; yet they (the Greeks) distinctly affirm that the day upon which Romulus founded the city was the 30th of the month. The Greeks likewise tell us that on that day an eclipse of the sun took place, which they think was that observed by Antimachus of Teos, the epic poet, which occurred in the third year of the sixth Olympiad. In the time of Varro the philosopher, who of all the Romans was most deeply versed in Roman history, there was one Taroutius, a companion of his, a philosopher and mathematician, who had especially devoted himself to the art of casting nativities, and was thought to have attained great skill therein. To this man Varro proposed the task of finding the day and hour of Romulus's birth, basing his calculations on the influence which the stars were said to have had upon his life, just as geometricians solve their problems by the analytic method; for it belongs, he argued, to the same science to predict the life of a man from the time of his birth, and to find the date of a man's birth if the incidents of his life are given. Taroutius performed his task, and after considering the things done and suffered by Romulus, the length of his life, the manner of his death, and all such like matters, he confidently and boldly asserted that Romulus was conceived by his mother in the first year of the second Olympiad, at the third hour of the twenty–third day of the month which is called in the Egyptian calendar Choiac , at which time there was a total eclipse of the sun. He stated that he was born on the twenty–first day of the month Thouth , about sunrise. Rome was founded by him on the ninth day of the month Pharmouthi , between the second and third hour; for it is supposed that the fortunes of cities, as well as those of men, have their certain periods which can be discovered by the position of the stars at their nativities. The quaint subtlety of these speculations may perhaps amuse the reader more than their legendary character will weary him.
XIII. When the city was founded, Romulus first divided all the able–bodied males into regiments, each consisting of three thousand infantry and three hundred cavalry. These were named legions, because they consisted of men of military age selected from the population. The rest of the people were now organised. They were called Populus, and a hundred of the noblest were chosen from among them and formed into a council. These he called Patricians, and their assembly the Senate. This word Senate clearly means assembly of old men; and the members of it were named Patricians, according to some, because they were the fathers of legitimate offspring; according to others, because they were able to give an account of who their own fathers were, which few of the first colonists were able to do. Others say that it was from their Patrocinium , as they then called, and do at the present day call, their patronage of their clients. There is a legend that this word arose from one Patron, a companion of Evander, who was kind and helpful to his inferiors. But it is most reasonable to suppose that Romulus called them by this name because he intended the most powerful men to show kindness to their inferiors, and to show the poorer classes that they ought not to fear the great nor grudge them their honours, but be on friendly terms with them, thinking of them and addressing them as fathers (Patres). For, up to the present day, foreigners address the senators as Lords, but the Romans call them Conscript Fathers, using the most honourable and least offensive of their titles. Originally they were merely called the Fathers, but afterwards, as more were enrolled, they were called Conscript Fathers. By this more dignified title Romulus distinguished the Senate from the People; and he introduced another distinction between the powerful and the common people by naming the former patrons, which means defenders, and the latter clients, which means dependants. By this means he implanted in them a mutual good feeling which was the source of great benefits, for the patrons acted as advocates for their clients in law suits, and in all cases became their advisers and friends, while the clients not only respected their patrons but even assisted them, when they were poor, to portion their daughters or pay their creditors. No law or magistrate could compel a patron to bear witness against his client, nor a client against his patron. Moreover, in later times, although all their other rights remained unimpaired, it was thought disgraceful for a patron to receive money from a client. So much for these matters.
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