Notes for Book I Chapter XI

1.  This “chariot-seat”—­philologically no other explanation can well be given (comp.  Servius ad Aen. i. 16)—­is most simply explained by supposing that the king alone was entitled to ride in a chariot within the city (v.  The King)—­whence originated the privilege subsequently accorded to the chief magistrate on solemn occasions—­and that originally, so long as there was no elevated tribunal, he gave judgment, at the comitium or wherever else he wished, from the chariot-seat.

2.  I. V. The Housefather and His Household

3.  The story of the death of king Tatius, as given by Plutarch (Rom. 23, 24), viz. that kinsmen of Tatius had killed envoys from Laurentum; that Tatius had refused the complaint of the kinsmen of the slain for redress; that they then put Tatius to death; that Romulus acquitted the murderers of Tatius, on the ground that murder had been expiated by murder; but that, in consequence of the penal judgments of the gods that simultaneously fell upon Rome and Laurentum, the perpetrators of both murders were in the sequel subjected to righteous punishment—­this story looks quite like a historical version of the abolition of blood-revenge, just as the introduction of the -provocatio- lies at the foundation of the myth of the Horatii.  The versions of the same story that occur elsewhere certainly present considerable variations, but they seem to be confused or dressed up.

4.  The -mancipatio- in its developed form must have been more recent than the Servian reform, as the selection of mancipable objects, which had for its aim the fixing of agricultural property, shows, and as even tradition must have assumed, for it makes Servius the inventor of the balance.  But in its origin the -mancipatio- must be far more ancient; for it primarily applies only to objects which are acquired by grasping with the hand, and must therefore in its earliest form have belonged to the epoch when property consisted essentially in slaves and cattle (-familia pecuniaque-).  The enumeration of those objects which had to be acquired by -mancipatio-, falls accordingly to be ranked as a Servian innovation; the -mancipatio-itself, and consequently the use also of the balance and of copper, are older.  Beyond doubt -mancipatio- was originally the universal form of purchase, and occurred in the case of all articles even after the Servian reform; it was only a misunderstanding of later ages which put upon the rule, that certain articles had to be transferred by -mancipatio-, the construction that these articles only and no others could be so transferred.

5.  Viz. for the year of ten months one twelfth part of the capital (-uncia-), which amounts to 8 1/3 per cent for the year of ten, and 10 per cent for the fear of twelve, months.

6.  I. VII.  Relation of Rome to Latium

7.  I. Vi.  Dependents and Guests.