they had in their possession the whole apparatus of traditional government, and they only were in a position to say whether any proceeding would or would not be fas iusque -- in accordance with law, divine and human. In other words, they kept up the descendants of the unwritten tribal customs, which now were gradually developing into formal law, and would one day be separated into ius ciuile and ius diuinum, or law of the state and law (one might fairly translate) of the Church. What this law was like will be discussed in a later chapter. At present, I merely point out that that great people who taught the rest of Europe what codes and statutes meant had in its early days to pass through a state very like that of the savage in regard to law.


NOTES ON CHAPTER VI
1
For some account of the importance of the roof in magic, see my article "A sinus in Tegulis", in Folk-Lore, xxxiii. ( 1922), p.34 foll.
2
More discussion of the flamen Dialis will be found in Rom. Quest., pp. 109, 212, and the authorities there cited.
3
Compare op. cit., p.202; Journ. Rom. Stud., 1922, p. 119.
4
There is no very good modern account, in English, of the results of criticism of the pseudo-mythology of Rome. Schwegeler Römische Geschichte is the first important work (after Niebuhr, with whom the attempt to write a really scientific history of Rome begins); the question was first seriously discussed in this country by Sir George Cornwall Lewis ( "Essay on the Credibility of Early Roman History"), whose chief results, after a curious attempt of Dr. T. H. Dyer ( History of the Kings of Rome, London, 1868) to return to the pre-scientific ways, were embodied by Prof. J. R. Seeley in the Introduction to his edition of Livy, Book I (third ed., Oxford, 1881). A good deal, however, will be found scattered through the works of W. Warde Fowler.
5
See Philologica, II ( 1923-24), p. 82 foll.
6
Juvenal, Sat. X, 36 foll. See, for more details, the very full notes of J. E. B. Mayor on the passage ( Thirteen Satires of Juvenal, Macmillan, 1900, ii, p. 77 foll.).

-130-

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Primitive Culture in Italy
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents ix
  • Chapter I - Introductory 1
  • Notes on Chapter I 20
  • Chapter II - Race, Religion and Culture 22
  • Notes on Chapter II 41
  • Chapter III - The Gods 42
  • Notes on Chapter IIi 61
  • Chapter IV - Worship and Magic 63
  • Notes on Chapter IV 85
  • Chapter V - Worship and Magic (continued): The Calendar 87
  • Notes on Chapter V 110
  • Chapter VI - Tabus, Priests, and Kings 111
  • Notes on Chapter VI 130
  • Chapter VII - Their Exits and Their Entrances 131
  • Notes on Chapter VIi 158
  • Chapter VIII - Family and Clan 159
  • Notes on Chapter VIii 179
  • Chapter IX - The Law. I. Crimes and Torts 180
  • Notes on Chapter IX 201
  • Chapter X - The Law. II. Property; Public Opinion; Status, Etc. 203
  • Notes on Chapter X 224
  • Chapter XI - Some Negative Considerations. Conclusion 226
  • Notes on Chapter XI 242
  • Bibliography 244
  • Index 247
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