But Numitor was too sagacious to hazard the responsibility of deciding between two such equally matched and powerful opponents. He endeavored to soothe and quiet the excited feelings of his grandsons, and finally recommended to them to appeal to augury to decide the question. Augury was a mode of ascertaining the divine will in respect to questions of expediency or duty, by means of certain prognostications and signs. These omens were of various kinds, but perhaps the most common were the appearances observed in watching the flight of birds through the air.
It was agreed between Remus and Romulus, in accordance with the advice of Numitor, that the question at issue between them should be decided in this way. They were to take their stations on the two hills respectively-the Palatine and the Aventine, and watch for vultures. The homes of the vultures of Italy were among the summits of the Appenines, and their function in the complicated economy of animal life, was to watch from the lofty peaks of the mountains, or from the still more aërial and commanding positions which they found in soaring at vast elevations in the air, for the bodies of the dead,-whether of men after a battle, or of sheep, or cattle, or wild beasts of the forests, killed by accident or dying of age,-and when found to remove and devour them; and thus to hasten the return of the lifeless elements to other forms of animal and vegetable life. What the earth, and the rite of burial, effects for man in advanced and cultivated stages of society, the vultures of the Appenines were commissioned to perform for all the animal communities of Italy, in Numitor's time.
To enable the vulture to accomplish the work assigned him, he is endowed with an inconceivable strength of wing, to sustain his flight over the vast distances which he has to traverse, and up to the vast elevations to which he must sometimes soar; and also with some mysterious and extraordinary sense, whether of sight or smell, to enable him readily to find, at any hour, the spot where his presence is required, however remote or however hidden it may be. Guided by this instinct, he flies from time to time with a company of his fellows, from mountain to mountain, or wheels slowly in vast circles over the plains-surveying the whole surface of the ground, and assuredly finding his work;-finding it too equally easily, whether it lie exposed in the open field, or is hidden, no matter how secretly, in forest, thicket, grove or glen.
It was, to certain appearances, indicated in the flight of these birds-such as the number that were seen at a time, the quarter of the heavens in which they appeared, the direction in which they flew, as from left to right or from right to left-that the people of Numitor's day were accustomed to look for omens and auguries. So Romulus and Remus took their stations on the hills which they had severally chosen, each surrounded by a company of his own adherents and friends, and began to watch the skies. It was agreed that the decision of the question between the two hills should be determined by the omens which should appear to the respective observers stationed upon them.
But it happened, unfortunately, that the rules for the interpretation of auguries and omens, were far too indefinite and vague to answer the purpose for which they were now appealed to. The most unequivocal distinctness and directness in giving its responses is a very essential requisite in any tribunal that is called upon as an umpire, to settle disputes; while the ancient auguries and oracles were always susceptible of a great variety of interpretations. When Remus and Romulus commenced their watch no vultures were to be seen from either hill. They waited till evening, still none appeared. They continued to watch through the night. In the morning a messenger came over from the Palatine hill to Remus on the Aventine, informing him that vultures had appeared to Romulus. Remus did not believe it. At last, however, the birds really came into view; a flock of six were seen by Remus, and afterward one of twelve by Romulus. The observations were then suspended, and the parties came together to confer in respect to the result; but the dispute instead of being settled, was found to be in a worse condition than ever. The point now to be determined was whether six vultures seen first, or twelve seen afterward, were the better omen, that is whether numbers, or simple priority of appearance, should decide the question. In contending in respect to this nice point the brothers became more angry with each other than ever. Their respective partisans took sides in the contest, which resulted finally in an open and violent collision. Romulus and Remus themselves seem to have commenced the affray by attacking one another. Faustulus, their foster-father, who, from having had the care of them from their earliest infancy, felt for them an almost parental affection, rushed between them to prevent them from shedding each other's blood. He was struck down and killed on the spot, by some unknown hand. A brother of Faustulus too, named Plistinus, who had lived near to him, and had known the boys from their infancy, and had often assisted in taking care of them, was killed in the endeavor to aid his brother to appease the tumult.
At length the disturbance was quelled. The result of the conflict was, however, to show that Romulus and his party were the strongest. Romulus accordingly went on to build the walls of the city at the spot which he had first chosen. The lines were marked out, and the excavations were commenced with great ceremony.
In laying out the work, the first thing to be done was to draw the lines of what was called the pomoerium. The pomoerium was a sort of symbolical wall, and was formed simply by turning a furrow with a plow all around the city, at a considerable distance from the real walls, for the purpose, not of establishing lines of defense, but of marking out what were to be the limits of the corporation, so to speak, for legal and ceremonial purposes. Of course, the pomoerium included a much greater space than the real walls, and the people were allowed to build houses anywhere within this outer inclosure, or even without it, though not very near to it. Those who built thus were, of course, not protected in case of an attack, and of course they would, in such case, be compelled to abandon their houses, and retreat for safety within the proper walls.
So Romulus proceeded to mark out the pomoerium of the city, employing in the work the ceremonies customary on such occasions. The plow used was made of copper, and for a team to draw it a bullock and a heifer were yoked together. Men appointed for the purpose followed the plow, and carefully turned over the clods toward the wall of the city. This seems to have been considered an essential part of the ceremony. At the places where roads were to pass in toward the gates of the city, the plow was lifted out of the ground and carried over the requisite space, so as to leave the turf at those points unbroken. This was a necessary precaution; for there was a certain consecrating influence that was exerted by this ceremonial plowing which hallowed the ground wherever it passed in a manner that would very seriously interfere with its usefulness as a public road.
The form of the space inclosed by the pomoerium, as Romulus plowed it, was nearly square, and it included not merely the Palatine hill itself, but a considerable portion of level land around it.
Though Romulus thus seemed to have conquered, in the strife with Remus, the difficulty was not yet fully settled. Remus was very little disposed to acquiesce in his brother's assumed superiority over him. He was sullen, morose, and ill at ease, and was inclined to take little part in the proceedings which were going on. Finally an occasion occurred which produced a crisis, and brought the rivalry and enmity of the brothers suddenly and forever to an end. Remus was one day standing by a part of the wall which his brother's workmen were building, and expressing, in various ways, and with great freedom, his opinions of his brother's plans; and finally he began to speak contemptuously of the wall which the workmen were building. Romulus all the time was standing by. At length, in order to enforce what he said about the insufficiency of the work, Remus leaped over a portion of it, saying, "This is the way the enemy will leap over your wall." Hereupon Romulus seized a mattock from the hands of one of the laborers, and struck his brother down to the ground with it, saying, "And this is the way that we will kill them if they do." Remus was killed by the blow.