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• . ¦ - . # v ¦ ¦ ..,. • . ' . . ¦• . ¦ ..- ;; . , " . ¦ :. ¦ .. . ' " ¦ ¦ . ¦ was dependent oh the flight of birds , which were supposed to indicate the will of the gods . That a popular Assembly , which met in the open air , should "be liable to mental impressiohs from so striking a phenomenon as an eagle flying down in the midst of them ,- —or from other behaviour of powerful birds in a half-wild country , where they have little dread of man , —cannot at all astonish us . A belief in augury becomes ridiculous and monstrous , when it is methodized as in later Borne - when the [ domestic fowl has supplanted the eagle and vulture , and the solitary poulterer , watching his hencoop , reports ho . w many ¦ morsels fall on the pavement from the chiclven ' s mouth ? - * v '" Here is a glance at n THE WAT HOME WAS PEOPLED ,
" But there is perfect unanimity among the ancients , as to the principle on which the rapid rise of Romulus's colony depended . Walls having been erected sufficient for defence , free reception was given to all who chose to come and claim it . The forms under which this was done remind us of Greek customs , if indeed we may trust the tale . A lofty and steep hill lay to the north-west of the new Borne . Its back' na < * depression in the centre ; the two heights on each side were afterwards called the Citadel and the Capitol . From the Capitol the whole hill was called Capitoline : the rock of the Citadel was abrupt , arid was named the Tarpeian . In the depression between , or the descent from it , a spot was consecrated and called by the Greek name asylum : whoever fled to this was received , as a claimant of hospitable protection , to whom the walls must not remain closed . Whether such formalities have been correctly reported to us , is of very little importance : that the policy herein implied was systematically followed in the whole period of kingly Rome , seems beyond reasonable donbt , and to be a clue to the whole course of events . To the same policy Thucydides ascribes the early
aggrandizement of Attica . Defeated chieftains from all parts of Greece flocked thither , with their retinues , as to a safe refuge ; and brought their numbers , experience and skill in the arts of war or peace . liivy , indeed , calls the principle ' familiar to the founders of cities ; ' and undoubtedly it conduces to material prosperity . To harbour criminals is quite a separate matter , and in our days is an odious idea , when criminals are the dregs of society . "Not so political offenders . Holland and England have long gloried in protecting those whom the despots of neighbouring communities have judged to deserve punishment ; and the arts and wealth of both countries have been increased by the industry and ingenuity of refugees . Hydria in Greece , though a barren rock unnoticed by antiquity , shot up into sudden greatness by giving a homo and a free port to those who suffered by Turkish tyranny ; and if any causes were at work to disorder the Latin or Etrurian cities , it is easy to believe that refugees may have rapidly aggrandized early Borne- In that stage of rudeness , indeed , it may be taken for granted that no distinction would be made between criminals and innocent men ; the mixed multitude is not
likely to have been much purer than the later Bomans represented it ; yet there is an undeniable superiority in such a mass of outlaws in rude over civilized times . Where all men carry arms , and each has to defend himself , personal conflicts are of daily occurrence : theTperpetrators of bloodshed are often among the best men of the community ; and if made outlaws , may prove very valuable citizens to the foreign town which welcomes them . Alban Borne was clearly a robber city ; yet we do not know it to have been stained with blood-thirsty treachery like the Mamertines of Messene . She is rather to be compared to the petty cities of early Greece , when they practised piracy without scruple , and gloried in it .
" This stage of human society rises out of an immature morality , difficult at first to understand . We are apt to imagine , that men ready to shed blood for the gratification of their cupidity , can have no virtues at all ; but this is an illusion similar to that of supposing that a man who finds his sport in slaying innocent animals is altogether savage . A line , not wholly arbitrary , is drawn between our own and foreign nations , as between men and brutes , which admits of cultivating many virtues in high perfection towards countrymen , while we disown all moral rights of the stranger . Unhappily , this immature morality propagates itself to a very late stage . Nations called Christian , and glorying in the gentleness of civilization , are often execrably cruel and unjust even towards one another , and much more towards those whom they call barbarians . In early Greece and Borne , as in early Germany , the same principles were practised and avowed without disguise . No one criticised them ; all in turn were ready to act upon them ; and every successful warrior was honoured by his own people , however great had been his injustice to tho foreigner . "
There is one point Newman has in common with Niebuhr , that , namely , of seeing tho analogies botwoeri existing forms of BOcioty , and those of early Borne ; and an example is given in this account of
THE SABINE SERFS . " The state of society in which the oldest Sabines lived , it has been ingeniously observed , seems to have originated the Homoric conception of a Cyclops , ' —a fierce and arbitrary being , who dwells on tho tops of hills and tends his flocks , responsible to no one , but ' giving laws to his children and to his wife . ' Slavery Lad no general cxistonco , but evoi'y noblo family had dependents permanently attached to jt , who wero called its Clients . It was a system of high , but kindly aristocracy . The client , like tho Russian serf , was attached to his patron or lord as to a futhor and a friend . Tho whole clan , was in theory , or rather in feeling , a single largo family , accustomed to yield tho guidance of all external alliiirs to its leader , as absolutely as Arabs to their Bhoikh . When wo have tho most positive assurances that every father in Subino Home possessed power of life and death ov . or his grownup son ; and that tho father might soil him into slavery , and resume his rights
over hnn twico , if twice set free ; wo must bo prepared to beliovo in the high authorit y of tho chieftain over tho sorf . Yot , as all tho dignity of tho Patron depended on tho number and well-being of lib Clients ; oh their swords and their properties wore his to use on every , great exigency ; it is not to , bo looked on an poetical fiction that ho zealously cared for their phyHioal welfare , ' aiid by kindly i utorcourso ¦ Huatained thoir loyal sympathies . This ofl'ect wan aseribod by later VtftorB to tho inftuonco of religious oatlm which bound tho parties togothor ; but , independentl y of religion , a Sabino chief had little moro temptation to oppress his client , than to bo cruel to his son . Both of thorn crouched before his ungor , both ° f them rejoiced in lib grcatnoHS and pomp . To each wan assigned hb appropriate external comforts : custom and public opinion regulated tho payments mode hy tho cultivator ; and tho hardy puawmt wan safciafled with ho littlo , that ho muwt have boon a cruel lord indeed who grudged that little . " Many modern writorn scorn unablo to concoivo such a relation of lord and sorf , except wlioro it is founded on conquest by foreigners ; yot there are instances to
the contrary so clear , that to impute a conquest is gratuitous . A future generation , on learning how peasants in the Scotch Highlands have been driven off the soil by the representatives of the chieftains for whom their fathers ' broadswords won it , will be in danger of mistaking these free , hardy , and much-injured men for a conquered and inferior race . And in fact there is not only a very great similarity in the relations between a Chief of the Gaelic clans and his vassals , to those between a Sabine Patron and his Client , but , in so far as language is any test of blood , 16 Would appear that the Sabines and the Gaels are of nearer kindred than Irish and Welsh .- The patriarchal authority is hot easily abused to griping and heartless covetousness in the rude days , when chief and clansman live in daily sight of one another , as in an Arab tribe ; when men are valuable for bravery and devotedness , and not only for the rent which they pay ; and when the arts of life are so little advanced , that the great use of wealth is to maintain a more gorgeous retinue . But when with the progress of art and political development , the . ' chief covets the land for the sake of rent and not of men , and a custom has hardened into law which enables Mm to appear as owner of the soil , the relation of Patron to Client is liable to become one of antagonism , and frequently of bitter hostility , as in republican Rome . " We will conclude with a passage on . ROMAN MAEEIAGE . " There can be little doubt that the principles of marriage established in later Borne , when Latin influences had become dominant in social life , rose out of the Latin , in contrast to the Sabine customs . In the Latin practice , the wife never came ' into the hand' of her husband , but remained permanently in her father ' s power : in consequence of . which , the father , if offended , might at any time recal his daughter , and even give her away to another : nor had the Latin father the same power over his children as in Sabine law . How the Sabines looked on so lax a union , may be in part gathered from the singular phraseology of the later Boman law , which transfers to the marriages of those who are not Quirites terms which must once have been applicable to plebeian unions . A marriage made with the sacred auspices is called connubiunv , or nuptice Zegitimce , and the wife is ajusfa uxor ; but a marriage valid in law , yet deficient in ceremonial sanctity , is designated only as matrimoniitm , and the wife is oddly called ivjiista wxor ( an illegitimate wife ?) The name itself of Matrimony , now so honourable , may of itself indicate that the domestic morality of the oldest Latins was less elevated and more barbarous than , that of the Sabines . In the savage or infantine state of human society , no union between the sexes is ratified until children are born . Prior to this event , the woman has no claims upon the man ;_ and if they separate without becoming parents of a common , offspring , society has nothing to do with , their mutual intimacy , any more than with an ordinary friendship . But on the impending birth of a child , the weakness and helplessness of woman claims the cares , attentions , and solace of her partner : the society discerns and avows that she is entitled-to a mother ' s support , ( mStrimonium , ) stigmatizes the father as unjust , and punishes him by law if he neglects the duties contingent on his paternal character . This is indeed a close description of the present state of sexual morality among the lower orders of Wales ; and the tone of grief and almost of disgust which pervades a recent Report to the English Parliament on this topic , may possibly represent to us the disdain and scorn with which the rigid Sabines viewed the matrimony of the Latin plebeians . Whether , in the time of Tarquiu , the plebs of Borne were , in any true moral view , lower as to these matters than the Sabines , we have no sure means of knowledge : but it must not be left out of sight , that to the latest time of Rome a valid marriage was constituted by mere usus or habitual union ; so that , after all , Quirites had gained the right of sacred nuptial auspices , every wife was in danger of falling ' into the hand' of her husband , unless she absented herself from his house one day in every year . This total unimportance of any marriage ceremony * must apparently have been part of the same Latin custom . But the patricians , to the last , looked on a marriage so formed as less pleasing to the gods . No man could become a Roman priest , —no boys or girls could sing in sacred chorus on the public festivals , unless born of a marriage contracted by holy bride-cake , ( confarreatio , ) with religious auspices , sanctioned by an augur and pontiff . "
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CLAItET AND OLIVES . Claret and Olives , from the Garonne to tho Rhone ; or Notes , Social , Picturesque , and Legendary ' by the Way . 3 y Angus B . lloach . David Bofjuo Under tho fanciful title of Claret and Olives , Mr . Reach has recorded the picturesque reminiscences of his journeys in the south of France , whither he proceeded for the purpose of describing in tho ^ Mornim Chronicle the social and agricultural condition of that country . What claret and olives are to the feast , this volumo is to literature—a luxury , with no pretensions to bo moro ; a pleasant flavour and a bright clear colour—the perfume , not tho food ! Ho thus states his purpose : — " All sensible readers will bo gratified when I state that I have not tho remotest ; intention of describing tho arclmiology of Bordeaux , or any other town whatever . aisle
Whoever wants to know tho height of a ntceplo , tho length of an , or the number of arches in a bridge , must botako themselves to Murray and his compeers . I will neither bo picturesquely profound upon ogives , triforia , clerestorys , screens , or mouldings ; nor magniloquontly great upon tho arched , tho early pointed , tho florid , or tho flamboyant schools I will go into raptures neither about Virgins , nor Holy Families , nor Oriol windows , in tho fine old cut-and-dry school of tho traveller of tasto , which means , of course , every traveller who over packed a shirt into a carpet-bag ; but , leaving tho mcro nrolnnology and carved stones alone in thoir glory , I will try to sketch living , and now and then historical , Franco—to move goasipingly along in tho by-wnys rather than tho highways—always moro prone to give ii good legend of a groy . old castle ; than a correct mc « Hureincnt of tho height of tho towers ; and always seeking to bring up , as well us I can , a varying , shifting picture , well thronged with- humanity , belWo the reador ' a eye . "
Of course an author has a right to choose what ho will do ; neither tho subject nor tho point of viow can bo proscribed for him by another ; but while recognising Mr . lloach ' s right to compose his notes of whatever materials cumo sincerely in his way , tho critic must put in a pica in favour of what has boen omittod . It is very proper in him to omit profundities upon ogives , triforia , screens and mouldings , if he roally had nothing to say
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Ai * it 10 , 1852 . ] T HE L E AD ER . . . . # *'
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* This ia still tho law in Scotland , and oqually comos down from primitive rudonosfl . It is now corroctod . by a practical do-vation of public mornl fooling .
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Citation
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Leader (1850-1860), April 10, 1852, page 351, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1930/page/19/
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