40. II. VI. Battle of Sentinum.

41. II. VII. Commencement of the Conflict in Lower Italy.

42. II. VII. Quaestors of the Fleet.

43. Not merely in every Latin one; for the censorship or so-called quinquennalitas occurs, as is well known, also among communities whose constitution was not formed according to the Latin scheme.

44. This earliest boundary is probably indicated by the two small townships Ad fines, of which one lay north of Arezzo on the road to Florence, the second on the coast not far from Leghorn.  Somewhat further to the south of the latter, the brook and valley of Vada are still called Fiume della fine, Valle della fine (Targioni Tozzetti, Viaggj, iv. 430).

45. In strict official language, indeed, this was not the case. The fullest designation of the Italians occurs in the agrarian law of 643, line 21; [ceivis] Romanus sociumve nominisve Latini, quibus ex formula togatorum [milites in terra Italia imperare solent]; in like manner at the 29th line of the same peregrinus is distinguished from the Latinus, and in the decree of the senate as to the Bacchanalia in 568 the expression is used: ne quis ceivis Romanus neve nominis Latini neve socium quisquam. But in common use very frequently the second or third of these three subdivisions is omitted, and along with the Romans sometimes only those Latini nominis are mentioned, sometimes only the socii (Weissenborn on Liv. xxii. 50, 6), while there is no difference in the meaning.  The designation homines nominis Latini ac socii Italici (Sallust. Jug. 40), correct as it is in itself, is foreign to the official usus loquendi, which knows Italia, but not Italici.

1. I. XI. Punishment of Offenses against Order.

2. II. I. Right of Appeal.

3. II. III. The Senate, Its Composition.

4. II. I. Law and Edict.

5. II. III. Censorship, the Magistrates, Partition and Weakening of the Consular Powers.

6. II. III. Laws Imposing Taxes.

7. I. VI. Class of metoeci Subsisting by the Side of the Community.

8. I. V. The Housefather and His Household, note.

9. II. III. Praetorship.

10. II. III. Praetorship, II. V. Revision of the Municipal Constitutions, Police Judges.

11. The view formerly adopted, that these tres viri belonged to the earliest period, is erroneous, for colleges of magistrates with odd numbers are foreign to the oldest state-arrangements (Chronol. p. 15, note 12). Probably the well-accredited account, that they were first nominated in 465  (Liv. Ep. 11), should simply be retained, and the otherwise suspicious inference of the falsifier Licinius Macer (in Liv. vii. 46), which makes mention of them before 450, should be simply rejected. At first undoubtedly the tres viri were nominated by the superior magistrates, as was the case with most of the later magistratus minores; the Papirian plebiscitum, which transferred the nomination of them to the community (Festus, v. sacramentum, p. 344, Niall.), was at any rate not issued till after the institution of the office of -praetor peregrinus-, or at the earliest towards the middle of the sixth century, for it names the praetor qui inter jus cives ius dicit.

12. II. VII. Subject Communities.

13. This inference is suggested by what Livy says (ix. 20) as to the reorganization of the colony of Antium twenty years after it was founded; and it is self-evident that, while the Romans might very well impose on the inhabitant of Ostia the duty of settling all his lawsuits in Rome, the same course could not be followed with townships like Antium and Sena.

14. II. I. Restrictions on the Delegation of Powers.

15. People are in the habit of praising the Romans as a nation specially privileged in respect to jurisprudence, and of gazing with wonder on their admirable law as a mystical gift of heaven; presumably by way of specially excusing themselves for the worthlessness of their own legal system. A glance at the singularly fluctuating and undeveloped criminal law of the Romans might show the untenableness of ideas so confused even to those who may think the proposition too simple, that a sound people has a sound law, and a morbid people an unsound. Apart from the more general political conditions on which jurisprudence also, and indeed jurisprudence especially, depends, the causes of the excellence of the Roman civil law lie mainly in two features: first, that the plaintiff and defendant were specially obliged to explain and embody in due and binding form the grounds of the demand and of the objection to comply with it; and secondly, that the Romans appointed a permanent machinery for the edictal development of their law, and associated it immediately with practice. By the former the Romans precluded the pettifogging practices of advocates, by the latter they obviated incapable law-making, so far as such things can be prevented at all; and by means of both in conjunction they satisfied, as far as is possible, the two conflicting requirements, that law shall constantly be fixed, and that it shall constantly be in accordance with the spirit of the age.

16. II. II. Relation of the Tribune to the Consul.

17. V. V. The Hegemony of Rome over Latium Shaken and Re-established.

18. Venus probably first appears in the later sense as Aphrodite on occasion of the dedication of the temple consecrated in this year (Liv. x. 31; Becker, Topographie, p. 472).

19. II. III. Intrigues of the Nobility.

20. I. VI. Organization of the Army.

21. II. III. Increasing Powers of the Burgesses.

22. I. VI. the Five Classes.

23. According to Roman tradition the Romans originally carried quadrangular shields, after which they borrowed from the Etruscans the round hoplite shield (clupeus, aspis), and from the Samnites the later square shield (scutum, thureos), and the javelin (-veru-) (Diodor. Vat. Fr. p. 54; Sallust, Cat. 51, 38; Virgil, Aen. vii. 665; Festus, Ep. v. Samnites, p. 327, Mull.; and the authorities cited in Marquardt, Handb. iii. 2, 241). But it may be regarded as certain that the hoplite shield or, in other words, the tactics of the Doric phalanx were imitated not from the Etruscans, but directly from the Hellenes, As to the scutum, that large, cylindrical, convex leather shield must certainly have taken the place of the flat copper clupeus, when the phalanx was broken up into maniples; but the undoubted derivation of the word from the Greek casts suspicion on the derivation of the thing itself from the Samnites. From the Greeks the Romans derived also the sling (funda from sphendone). (like fides from sphion),(I. XV. Earliest Hellenic Influences). The pilum was considered by the ancients as quite a Roman invention.