ding as the oldest of all those that
are mentioned in our legal traditions, the -confarreatio-. It seems
scarcely doubtful that the ten witnesses in that ceremony had the
same relation to the constitution of ten curies the thirty lictors
had to the constitution of thirty curies.

7. This is implied in their very name. The "part" (-tribus-) is,
as jurists know, simply that which has once been or may hereafter
come to be a whole, and so has no real standing of its own in the
present.

8. I. II. Primitive Races of Italy

9. -Quiris-, -quiritis-, or -quirinus- is interpreted by the
ancients as "lance-bearer," from -quiris- or -curis- = lance and
-ire-, and so far in their view agrees with -samnis-, -samnitis-
and -sabinus-, which also among the ancients was derived from
--saunion--, spear. This etymology, which associates the word
with -arquites-, -milites-, -pedites-, -equites-, -velites- --those
respectively who go with the bow, in bodies of a thousand, on
foot, on horseback, without armour in their mere over-garment--may
be incorrect, but it is bound up with the Roman conception of a
burgess. So too Juno quiritis, (Mars) quirinus, Janus quirinus,
are conceived as divinities that hurl the spear; and, employed in
reference to men, -quiris- is the warrior, that is, the full burgess.
With this view the -usus loquendi- coincides. Where the locality
was to be referred to, "Quirites" was never used, but always "Rome"
and "Romans" (-urbs Roma-, -populus-, -civis-, -ager Romanus-),
because the term -quiris- had as little of a local meaning as
-civis- or -miles-. For the same reason these designations could
not be combined; they did not say -civis quiris-, because both
denoted, though from different points of view, the same legal
conception. On the other hand the solemn announcement of the
funeral of a burgess ran in the words "this warrior has departed
in death" (-ollus quiris leto datus-); and in like manner the king
addressed the assembled community by this name, and, when he sat in
judgment, gave sentence according to the law of the warrior-freemen
(-ex iure quiritium-, quite similar to the later -ex iure civili-).
The phrase -populus Romanus-, -quirites- (-populus Romanus quiritium-is
not sufficiently attested), thus means "the community and the
individual burgesses," and therefore in an old formula (Liv. i.
32) to the -populus Romanus- are opposed the -prisci Latini-, to
the -quirites- the -homines prisci Lati