X. The Sullan Constitution
The Restoration
About the time when the first pitched battle was fought between Romans and Romans, in the night of the 6th July 671, the venerable temple, which had been erected by the kings, dedicated by the youthful republic, and spared by the storms of five hundred years-- the temple of the Roman Jupiter in the Capitol--perished in the flames. It was no augury, but it was an image of the state of the Roman constitution. This, too, lay in ruins and needed reconstruction. The revolution was no doubt vanquished, but the victory was far from implying as a matter of course the restoration of the old government. The mass of the aristocracy certainly was of opinion that now, after the death of the two revolutionary consuls, it would be sufficient to make arrangements for the ordinary supplemental election and to leave it to the senate to take such steps as should seem farther requisite for the rewarding of the victorious army, for the punishment of the most guilty revolutionists, and possibly also for the prevention of similar outbreaks. But Sulla, in whose hands the victory had concentrated for the moment all power, formed a more correct judgment of affairs and of men. The aristocracy of Rome in its best epoch had not risen above an adherence--partly noble and partly narrow--to traditional forms; how should the clumsy collegiate government of this period be in a position to carry out with energy and thoroughness a comprehensive reform of the state? And at the present moment, when the last crisis had swept away almost all the leading men of the senate, the vigour and intelligence requisite for such an enterprise were less than ever to be found there. How thoroughly useless was the pure aristocratic blood, and how little doubt Sulla had as to its worthlessness, is shown by the fact that, with the exception of Quintus Metellus who was related to him by marriage, he selected all his instruments out of what was previously the middle party and the deserters from the democratic camp--such as Lucius Flaccus, Lucius Philippus, Quintus Ofella, Gnaeus Pompeius. Sulla was as much in earnest about the re-establishment of the old constitution as the most vehement aristocratic emigrant; he understood however, not perhaps to the full extent--for how in that case could he have put hand to the work at all?--but better at any rate than his party, the enormous difficulties which attended this work of restoration. Comprehensive concessions so far as concession was possible without affecting the essence of oligarchy, and the establishment of an energetic system of repression and prevention, were regarded by him as unavoidable; and he saw clearly that the senate as it stood would refuse or mutilate every concession, and would parliamentarily ruin every systematic reconstruction. If Sulla had already after the Sulpician revolution carried out what he deemed necessary in both respects without asking much of their advice, he was now determined, under circumstances of far more severe and intense excitement, to restore the oligarchy--not with the aid, but in spite, of the oligarchs--by his own hand.
Sulla Regent of Rome
Sulla, however, was not now consul as he had been then, but was furnished merely with proconsular, that is to say, purely military power: he needed an authority keeping as near as possible to constitutional forms, but yet extraordinary, in order to impose his reform on friends and foes. In a letter to the senate he announced to them that it seemed to him indispensable that they should place the regulation of the state in the hands of a single man equipped with unlimited plenitude of power, and that he deemed himself qualified to fulfil this difficult task. This proposal, disagreeable as it was to many, was under the existing circumstances a command. By direction of the senate its chief, the interrex Lucius Valerius Flaccus the father, as interim holder of the supreme power, submitted to the burgesses the proposal that the proconsul Lucius Cornelius Sulla should receive for the past a supplementary approval of all the official acts performed by him as consul and proconsul, and should for the future be empowered to adjudicate without appeal on the life and property of the burgesses, to deal at his pleasure with the state-domains, to shift at discretion the boundaries of Rome, of Italy, and of the state, to dissolve or establish urban communities in Italy, to dispose of the provinces and dependent states, to confer the supreme -imperium- instead of the people and to nominate proconsuls and propraetors, and lastly to regulate the state for the future by means of new laws; that it should be left to his own judgment to determine when he had fulfilled his task and might deem it time to resign this extraordinary magistracy; and, in fine, that during its continuance it should depend on his pleasure whether the ordinary supreme magistracy should subsist side by side with his own or should remain in abeyance. As a matter of course, the proposal was adopted without opposition (Nov. 672); and now the new master of the state, who hitherto had as proconsul avoided entering the capital, appeared for the first time within the walls of Rome. This new office derived its name from the dictatorship, which had been practically abolished since the Hannibalic war;(1) but, as besides his armed retinue he was preceded by twice as many lictors as the dictator of earlier times, this new "dictatorship for the making of laws and the regulation of the commonwealth," as its official title ran, was in fact altogether different from the earlier magistracy which had been limited in point of duration and of powers, had not excluded appeal to the burgesses, and had not annulled the ordinary magistracy. It much more resembled that of the -decemviri legibus scribundis-, who likewise came forward as an extraordinary government with unlimited fulness of powers superseding the ordinary magistracy, and practically at least administered their office as one which was unlimited in point of time. Or, we should rather say, this new office, with its absolute power based on a decree of the people and restrained by no set term or colleague, was no other than the old monarchy, which in fact just rested on the free engagement of the burgesses to obey one of their number as absolute lord. It was urged even by contemporaries in vindication of Sulla that a king is better than a bad constitution,(2) and presumably the title of dictator was only chosen to indicate that, as the former dictatorship implied a reassumptionwith various limitations,(3) so this new dictatorship involved a complete reassumption, of the regal power. Thus, singularly enough, the course of Sulla here also coincided with that on which Gaius Gracchus had entered with so wholly different a design. In this respect too the conservative party had to borrow from its opponents; the protector of the oligarchic constitution had himself to come forward as a tyrant, in order to avert the ever-impending -tyrannis-. There was not a little of defeat in this last victory of the oligarchy.
Executions
Sulla had not sought and had not desired the difficult and dreadful labour of the work of restoration; out, as no other choice was left to him but either to leave it to utterly incapable hands or to undertake it in person, he set himself to it with remorseless energy. First of all a settlement had to be effected in respect to the guilty. Sulla was personally inclined to pardon. Sanguine as he was in temperament, he could doubtless break forth into violent rage, and well might those beware who saw his eye gleam and his cheeks colour; but the chronic vindictiveness, which characterized Marius in the embitterment of his old age, was altogether foreign to Sulla's easy disposition. Not only had he borne himself with comparatively great moderation after the revolution of 666;(4) even the second revolution, which had perpetrated so fearful outrages and had affected him in person so severely, had not disturbed his equilibrium. At the same time that the executioner was dragging the bodies of his friends through the streets of the capital, he had sought to save the life of the blood-stained Fimbria, and, when the latter died by his own hand, had given orders for his decent burial. On landing in Italy he had earnestly offered to forgive and to forget, and no one who came to make his peace had been rejected. Even after the first successes he had negotiated in this spirit with Lucius Scipio; it was the revolutionary party, which had not only broken off these negotiations, but had subsequently, at the last moment before their downfall, resumed the massacres afresh and more fearfully than ever, and had in fact conspired with the inveterate foes of their country for the destruction of the city of Rome. The cup was now full. By virtue of his new official authority Sulla, immediately after assuming the regency, outlawed as enemies of their country all the civil and military officials who had taken an active part in favour of the revolution after the convention with Scipio (which according to Sulla's assertion was validly concluded), and such of the other burgesses as had in any marked manner aided its cause. Whoever killed one of these outlaws was not only exempt from punishment like an executioner duly fulfilling his office, but also obtained for the execution a compensation of 12,000 -denarii- (480 pounds); any one on the contrary who befriended an outlaw, even the nearest relative, was liable to the severest punishment. The property of the proscribed was forfeited to the state like the spoil of an enemy; their children and grandchildren were excluded from a political career, and yet, so far as they were of senatorial rank, were bound to undertake their share of senatorial burdens. The last enactments also applied to the estates and the descendants of those who had fallen in conflict for the revolution--penalties which went even beyond those enjoined by the earliest law in the case of such as had borne arms against their fatherland. The most terrible feature in this system of terror was the indefiniteness of the proposed categories, against which there was immediate remonstrance in the senate, and which Sulla himself sought to remedy by directing the names of the proscribed to be publicly posted up and fixing the 1st June 673 as the final term for closing the lists of proscription.
Proscription-Lists
Much as this bloody roll, swelling from day to day and amounting at last to 4700 names,(5) excited the just horror of the multitude, it at any rate checked in some degree the mere caprice of the executioners. It was not at least to the personal resentment of the regent that the mass of these victims were sacrificed; his furious hatred was directed solely against the Marians, the authors of the hideous massacres of 667 and 672. By his command the tomb of the victor of Aquae Sextiae was broken open and his ashes were scattered in the Anio, the monuments of his victories over Africans and Germans were overthrown, and, as death had snatched himself and his son from Sulla's vengeance, his adopted nephew Marcus Marius Gratidianus, who had been twice praetor and was a great favourite with the Roman burgesses, was executed amid the most cruel tortures at the tomb of Catulus, who most deserved to be regretted of all the Marian victims. In other cases also death had already swept away the most notable of his opponents: of the leaders there survived only Gaius Norbanus, who laid hands on himself at Rhodes, while the -ecclesia- was deliberating on his surrender; Lucius Scipio, for whom his insignificance and probably also his noble birth procured indulgence and permission to end his days in peace at his retreat in Massilia; and Quintus Sertorius, who was wandering about as an exile on the coast of Mauretania. But yet the heads of slaughtered senators were piled up at the Servilian Basin, at the point where the -Vicus Jugarius- opened into the Forum, where the dictator had ordered them to be publicly exposed; and among men of the second and third rank in particular death reaped a fearful harvest. In addition to those who were placed on the list for their services in or on behalf of the revolutionary army with little discrimination, sometimes on account of money advanced to one of its officers or on account of relations of hospitality formed with such an one, the retaliation fell specially on those capitalists who had sat in judgment on the senators and had speculated in Marian confiscations--the "hoarders"; about 1600 of the equites, as they were called,(6) were inscribed on the proscription- list. In like manner the professional accusers, the worst scourge of the nobility, who made it their trade to bring men of the senatorial order before the equestrian courts, had now to suffer for it--"how comes it to pass," an advocate soon after asked, "that they have left to us the courts, when they were putting to death the accusers and judges?" The most savage and disgraceful passions raged without restraint for many months throughout Italy. In the capital a Celtic band was primarily charged with the executions, and Sullan soldiers and subaltern officers traversed for the same purpose the different districts of Italy; but every volunteer was also welcome, and the rabble high and low pressed forward not only to earn the rewards of murder, but also to gratify their own vindictive or covetous dispositions under the mantle of political prosecution. It sometimes happened that the assassination did not follow, but preceded, the placing of the name on the list of the proscribed. One example shows the way in which these executions took place. At Larinum, a town of new burgesses and favourable to Marian views, one Statius Albius Oppianicus, who had fled to Sulla's headquarters to avoid a charge of murder, made his appearance after the victory as commissioner of the regent, deposed the magistrates of the town, installed himself and his friends in their room, and caused the person who had threatened to accuse him, along with his nearest relatives and friends, to be outlawed and killed. Countless persons--including not a few decided adherents of the oligarchy--thus fell as the victims of private hostility or of their own riches: the fearful confusion, and the culpable indulgence which Sulla displayed in this as in every instance towards those more closely connected with him, prevented any punishment even of the ordinary crimes that were perpetrated amidst the disorder.
Confiscations
The confiscated property was dealt with in a similar way. Sulla from political considerations sought to induce the respectable burgesses to take part in its purchase; a great portion of them, moreover, voluntarily pressed forward, and none more zealously than the young Marcus Crassus. Under the existing circumstances the utmost depreciation was inevitable; indeed, to some extent it was the necessary result of the Roman plan of selling the property confiscated by the state for a round sum payable in ready money. Moreover, the regent did not forget himself; while his wife Metella more especially and other persons high and low closely connected with him, even freedmen and boon-companions, were sometimes allowed to purchase without competition, sometimes had the purchase-money wholly or partially remitted. One of his freedmen, for instance, is said to have purchased a property of 6,000,000 sesterces (60,000 pounds) for 2000 (20 pounds), and one of his subalterns is said to have acquired by such speculations an estate of 10,000,000 sesterces (100,000 pounds). The indignation was great and just; even during Sulla's regency an advocate asked whether the nobility had waged civil war solely for the purpose of enriching their freedmen and slaves. But in spite of this depreciation the whole proceeds of the confiscated estates amounted to not less than 350,000,000 sesterces (3,500,000 pounds), which gives an approximate idea of the enormous extent of these confiscations falling chiefly on the wealthiest portion of the burgesses. It was altogether a fearful punishment. There was no longer any process or any pardon; mute terror lay like a weight of lead on the land, and free speech was silenced in the market-place alike of the capital and of the country-town. The oligarchic reign of terror bore doubtless a different stamp from that of the revolution; while Marius had glutted his personal vengeance in the blood of his enemies, Sulla seemed to account terrorism in the abstract, if we may so speak, a thing necessary to the introduction of the new despotism, and to prosecute and make others prosecute the work of massacre almost with indifference. But the reign of terror presented an appearance all the more horrible, when it proceeded from the conservative side and was in some measure devoid of passion; the commonwealth seemed all the more irretrievably lost, when the frenzy and the crime on both sides were equally balanced.
Maintenance of the Burgess-Rights Previously Conferred
In regulating the relations of Italy and of the capital, Sulla-- although he otherwise in general treated as null all state-acts done during the revolution except in the transaction of current business-- firmly adhered to the principle, which it had laid down, that every burgess of an Italian community was by that very fact a burgess also of Rome; the distinctions between burgesses and Italian allies, between old burgesses with better, and new burgesses with more restricted, rights, were abolished, and remained so. In the case of the freedmen alone the unrestricted right of suffrage was again withdrawn, and for them the old state of matters was restored. To the aristocratic ultras this might seem a great concession; Sulla perceived that it was necessary to wrest these mighty levers out of the hands of the revolutionary chiefs, and that the rule of the oligarchy was not materially endangered by increasing the number of the burgesses.
Punishments Inflicted on Particular Communities
But with this concession in principle was combined a most rigid inquisition, conducted by special commissioners with the co-operation of the garrisons distributed throughout Italy, in respect to particular communities in all districts of the land. Several towns were rewarded; for instance Brundisium, the first community which had joined Sulla, now obtained the exemption from customs so important for such a seaport; more were punished. The less guilty were required to pay fines, to pull down their walls, to raze their citadels; in the case of those whose opposition had been most obstinate the regent confiscated a part of their territory, in some cases even the whole of it--as it certainly might be regarded in law as forfeited, whether they were to be treated as burgess-communities which had borne arms against their fatherland, or as allied states which had waged war with Rome contrary to their treaties of perpetual peace. In this case all the dispossessed burgesses--but these only--were deprived of their municipal, and at the same time of the Roman, franchise, receiving in return the lowest Latin rights.(7) Sulla thus avoided furnishing the opposition with a nucleus in Italian subject-communities of inferior rights; the homeless dispossessed of necessity were soon lost in the mass of the proletariate. In Campania not only was the democratic colony of Capua done away and its domain given back to the state, as was naturally to be expected, but the island of Aenaria (Ischia) was also, probably about this time, withdrawn from the community of Neapolis. In Latium the whole territory of the large and wealthy city of Praeneste and presumably of Norba also was confiscated, as was likewise that of Spoletium in Umbria. Sulmo in the Paelignian district was even razed. But the iron arm of the regent fell with especial weight on the two regions which had offered a serious resistance up to the end and even after the battle at the Colline gate--Etruria and Samnium. There a number of the most considerable communes, such as Florentia, Faesulae, Arretium, Volaterrae, were visited with total confiscation. Of the fate of Samnium we have already spoken; there was no confiscation there, but the land was laid waste for ever, its flourishing towns, even the former Latin colony of Aesernia, were left in ruins, and the country was placed on the same footing with the Bruttian and Lucanian regions.
Assignations to the Soldiers
These arrangements as to the property of the Italian soil placed on the one hand those Roman domain-lands which had been handed over in usufruct to the former allied communities and now on their dissolution reverted to the Roman government, and on the other hand the confiscated territories of the communities incurring punishment, at the disposal of the regent; and he employed them for the purpose of settling thereon the soldiers of the victorious army. Most of these new settlements were directed towards Etruria, as for instance to Faesulae and Arretium, others to Latium and Campania, where Praeneste and Pompeii among other places became Sullan colonies. To repeople Samnium was, as we have said, no part of the regent's design. A great part of these assignations took place after the Gracchan mode, so that the settlers were attached to an already-existing urban community. The comprehensiveness of this settlement is shown by the number of land-allotments distributed, which is stated at 120,000; while yet some portions of land withal were otherwise applied, as in the case of the lands bestowed on the temple of Diana at Mount Tifata; others, such as the Volaterran domain and a part of the Arretine, remained undistributed; others in fine, according to the old abuse legally forbidden(8) but now reviving, were taken possession of on the part of Sulla's favourites by the right of occupation. The objects which Sulla aimed at in this colonization were of a varied kind. In the first place, he thereby redeemed the pledge given to his soldiers. Secondly, he in so doing adopted the idea, in which the reform-party and the moderate conservatives concurred, and in accordance with which he had himself as early as 666 arranged the establishment of a number of colonies-- the idea namely of augmenting the number of the small agricultural proprietors in Italy by a breaking up of the larger possessions on the part of the government; how seriously he had this at heart is shown by the renewed prohibition of the throwing together of allotments. Lastly and especially, he saw in these settled soldiers as it were standing garrisons, who would protect his new constitution along with their own right of property. For this reason, where the whole territory was not confiscated, as at Pompeii, the colonists were not amalgamated with the urban-community, but the old burgesses and the colonists were constituted as two bodies of burgesses associated within the same enclosing wall. In other respects these colonial foundations were based, doubtless, like the older ones, on a decree of the people, but only indirectly, in so far as the regent constituted them by virtue of the clause of the Valerian law to that effect; in reality they originated from the ruler's plenitude of power, and so far recalled the freedom with which the former regal authority disposed of the state-property. But, in so far as the contrast between the soldier and the burgess, which was in other instances done away by the very sending out of the soldiers or colonists, was intended to remain, and did remain, in force in the Sullan colonies even after their establishment, and these colonists formed, as it were, the standing array of the senate, they are not incorrectly designated, in contradistinction to the older ones, as military colonies.
The Cornelian Freedmen in Rome
Akin to this practical constituting of a standing army for the senate was the measure by which the regent selected from the slaves of the proscribed upwards of 10,000 of the youngest and most vigorous men, and manumitted them in a body. These new Cornelians, whose civil existence was linked to the legal validity of the institutions of their patron, were designed to be a sort of bodyguard for the oligarchy and to help it to command the city populace, on which, indeed, in the absence of a garrison everything in the capital now primarily depended.
Abolition of the Gracchan Institutions
These extraordinary supports on which the regent made the oligarchy primarily to rest, weak and ephemeral as they doubtless might appear even to their author, were yet its only possible buttresses, unless expedients were to be resorted to--such as the formal institution of a standing army in Rome and other similar measures--which would have put an end to the oligarchy far sooner than the attacks of demagogues. The permanent foundation of the ordinary governing power of the oligarchy of course could not but be the senate, with a power so increased and so concentrated that it presented a superiority to its non-organized opponents at every single point of attack. The system of compromises followed for forty years was at an end. The Gracchan constitution, still spared in the first Sullan reform of 666, was now utterly set aside. Since the time of Gaius Gracchus the government had conceded, as it were, the right of -'emeute- to the proletariate of the capital, and bought it off by regular distributions of corn to the burgesses domiciled there; Sulla abolished these largesses. Gaius Gracchus had organized and consolidated the order of capitalists by the letting of the tenths and customs of the province of Asia in Rome; Sulla abolished the system of middlemen, and converted the former contributions of the Asiatics into fixed taxes, which were assessed on the several districts according to the valuation-rolls drawn up for the purpose of gathering in the arrears.(9) Gaius Gracchus had by entrusting the posts of jurymen to men of equestrian census procured for the capitalist class an indirect share in administering and in governing, which proved itself not seldom stronger than the official adminis-tration and government; Sulla abolished the equestrian and restored the senatorial courts. Gaius Gracchus or at any rate the Gracchan period had conceded to the equites a special place at the popular festivals, such as the senators had for long possessed;(10) Sulla abolished it and relegated the equites to the plebeian benches.(11) The equestrian order, created as such by Gaius Gracchus, was deprived of its political existence by Sulla. The senate was to exercise the supreme power in legislation, administration, and jurisdiction, unconditionally, indivisibly, and permanently, and was to be distinguished also by outward tokens not merely as a privileged, but as the only privileged, order.
Reorganization of the Senate Its Complement Filled Up by Extraordinary Election Admission to the Senate through the Quaestorship Abolition of the Censorial Supervision of the Senate
For this purpose the governing board had, first of all, to have its ranks filled up and to be itself placed on a footing of independence. The numbers of the senators had been fearfully reduced by the recent crises. Sulla no doubt now gave to those who were exiled by the equestrian courts liberty to return, for instance to the consular Publius Rutilius Rufus,(12) who however made no use of the permission, and to Gaius Cotta the friend of Drusus;(13) but this made only slight amends for the gaps which the revolutionary and reactionary reigns of terror had created in the ranks of the senate. Accordingly by Sulla's directions the senate had its complement extraordinarily made up by about 300 new senators, whom the assembly of the tribes had to nominate from among men of equestrian census, and whom they selected, as may be conceived, chiefly from the younger men of the senatorial houses on the one hand, and from Sullan officers and others brought into prominence by the last revolution on the other. For the future also the mode of admission to the senate was regulated anew and placed on an essentially different basis. As the constitution had hitherto stood, men entered the senate either through the summons of the censors, which was the proper and ordinary way, or through the holding of one of the three curule magistracies--the consulship, the praetorship, or the aedileship-- to which since the passing of the Ovinian law a seat and vote in the senate had been de jure attached.(14) The holding of an inferior magistracy, of the tribunate or the quaestorship, gave doubtless a claim de facto to a place in the senate--inasmuch as the censorial selection especially turned towards the men who had held such offices--but by no means a reversion de jure. Of these two modes of admission, Sulla abolished the former by setting aside--at least practically--the censorship, and altered the latter to the effect that the right of admission to the senate was attached to the quaestorship instead of the aedileship, and at the same time the number of quaestors to be annually nominated was raised to twenty.(15) The prerogative hitherto legally pertaining to the censors, although practically no longer exercised in its original serious sense--of deleting any senator from the roll, with a statement of the reasons for doing so, at the revisals which took place every five years (16)--likewise fell into abeyance for the future; the irremoveable character which had hitherto de facto belonged to the senators was thus finally fixed by Sulla. The total number of senators, which hitherto had presumably not much exceeded the old normal number of 300 and often perhaps had not even reached it, was by these means considerably augmented, perhaps on an average doubled(17)--an augmentation which was rendered necessary by the great increase of the duties of the senate through the transference to it of the functions of jurymen. As, moreover, both the extraordinarily admitted senators and the quaestors were nominated by the -comitia tributa-, the senate, hitherto resting indirectly on the election of the people,(18) was now based throughout on direct popular election; and thus made as close an approach to a representative government as was compatible with the nature of the oligarchy and the notions of antiquity generally. The senate had in course of time been converted from a corporation intended merely to advise the magistrates into a board commanding the magistrates and self-governing; it was only a consistent advance in the same direction, when the right of nominating and cancelling senators originally belonging to the magistrates was withdrawn from them, and the senate was placed on the same legal basis on which the magistrates' power itself rested. The extravagant prerogative of the censors to revise the list of the senate and to erase or add names at pleasure was in reality incompatible with an organized oligarchic constitution. As provision was now made for a sufficient regular recruiting of its ranks by the election of the quaestors, the censorial revisions became superfluous; and by their abeyance the essential principle at the bottom of every oligarchy, the irremoveable character and life-tenure of the members of the ruling order who obtained seat and vote, was definitively consolidated.
Regulations As to the Burgesses
In respect to legislation Sulla contented himself with reviving the regulations made in 666, and securing to the senate the legislative initiative, which had long belonged to it practically, by legal enactment at least as against the tribunes. The burgess-body remained formally sovereign; but so far as its primary assemblies were concerned, while it seemed to the regent necessary carefully to preserve the form, he was still more careful to prevent any real activity on their part. Sulla dealt even with the franchise itself in the most contemptuous manner; he made no difficulty either in conceding it to the new burgess-communities, or in bestowing it on Spaniards and Celts en masse; in fact, probably not without design, no steps were taken at all for the adjustment of the burgess-roll, which nevertheless after so violent revolutions stood in urgent need of a revision, if the government was still at all in earnest with the legal privileges attaching to it. The legislative functions of the comitia, however, were not directly restricted; there was no need in fact for doing so, for in consequence of the better- secured initiative of the senate the people could not readily against the will of the government intermeddle with administration, finance, or criminal jurisdiction, and its legislative co-operation was once more reduced in substance to the right of giving assent to alterations of the constitution.
Co-optation Restored in the Priestly Colleges Regulating of the Qualifications for Office
Of greater moment was the participation of the burgesses in the elections--a participation, with which they seemed not to be able to dispense without disturbing more than Sulla's superficial restoration could or would disturb. The interferences of the movement party in the sacerdotal elections were set aside; not only the Domitian law of 650, which transferred the election of the supreme priesthoods generally to the people,(19) but also the similar older enactments as to the -Pontifex Maximus- and the -Curio Maximus-(20) were cancelled by Sulla, and the colleges of priests received back the right of self-completion in its original absoluteness. In the case of elections to the offices of state, the mode hitherto pursued was on the whole retained; except in so far as the new regulation of the military command to be mentioned immediately certainly involved as its consequence a material restriction of the powers of the burgesses, and indeed in some measure transferred the right of bestowing the appointment of generals from the burgesses to the senate. It does not even appear that Sulla now resumed the previously attempted restoration of the Servian voting-arrangement;(21) whether it was that he regarded the particular composition of the voting- divisions as altogether a matter of indifference, or whether it was that this older arrangement seemed to him to augment the dangerous influence of the capitalists. Only the qualifications were restored and partially raised. The limit of age requisite for the holding of each office was enforced afresh; as was also the enactment that every candidate for the consulship should have previously held the praetorship, and every candidate for the praetorship should have previously held the quaestorship, whereas the aedileship was allowed to be passed over. The various attempts that had been recently made to establish a -tyrannis- under the form of a consulship continued for several successive years led to special rigour in dealing with this abuse; and it was enacted that at least two years should elapse between the holding of one magistracy and the holding of another, and at least ten years should elapse before the same office could be held a second time. In this latter enactment the earlier ordinance of 412 (22) was revived, instead of the absolute prohibition of all re-election to the consulship, which had been the favourite idea of the most recent ultra-oligarchical epoch.(23) On the whole, however, Sulla left the elections to take their course, and sought merely to fetter the power of the magistrates in such a way that--let the incalculable caprice of the comitia call to office whomsoever it might--the person elected should not be in a position to rebel against the oligarchy.
Weakening of the Tribunate of the People
The supreme magistrates of the state were at this period practically the three colleges of the tribunes of the people, the consuls and praetors, and the censors. They all emerged from the Sullan restoration with materially diminished rights, more especially the tribunician office, which appeared to the regent an instrument indispensable doubtless for senatorial government, but yet-- as generated by revolution and having a constant tendency to generate fresh revolutions in its turn--requiring to be rigorously and permanently shackled. The tribunician authority had arisen out of the right to annul the official acts of the magistrates by veto, and, eventually, to fine any one who should oppose that right and to take steps for his farther punishment; this was still left to the tribunes, excepting that a heavy fine, destroying as a rule a man's civil existence, was imposed on the abuse of the right of intercession. The further prerogative of the tribune to have dealings with the people at pleasure, partly for the purpose of bringing up accusations and especially of calling former magistrates to account at the bar of the people, partly for the purpose of submitting laws to the vote, had been the lever by which the Gracchi, Saturninus, and Sulpicius had revolutionized the state; it was not abolished, but its exercise was probably made dependent on a permission to be previously requested from the senate.(24) Lastly it was added that the holding of the tribunate should in future disqualify for the undertaking of a higher office--an enactment which, like many other points in Sulla's restoration, once more reverted to the old patrician maxims, and, just as in the times before the admission of the plebeians to the civil magistracies, declared the tribunate and the curule offices to be mutually incompatible. In this way the legislator of the oligarchy hoped to check tribunician demagogism and to keep all ambitious and aspiring men aloof from the tribunate, but to retain it as an instrument of the senate both for mediating between it and the burgesses, and, should circumstances require, for keeping in check the magistrates; and, as the authority of the king and afterwards of the republican magistrates over the burgesses scarcely anywhere comes to light so clearly as in the principle that they exclusively had the right of addressing the people, so the supremacy of the senate, now first legally established, is most distinctly apparent in this permission which the leader of the people had to ask from the senate for every transaction with his constituents.
Limitation of the Supreme Magistracy Regulation of the Consular and Praetorian Functions before-- The Time of Sulla
The consulship and praetorship also, although viewed by the aristocratic regenerator of Rome with a more favourable eye than the tribunate liable in itself to be regarded with suspicion, by no means escaped that distrust towards its own instruments which is throughout characteristic of oligarchy. They were restricted with more tenderness in point of form, but in a way very sensibly felt. Sulla here began with the partition of functions. At the beginning of this period the arrangement in that respect stood as follows. As formerly there had devolved on the two consuls the collective functions of the supreme magistracy, so there still devolved on them all those official duties for which distinct functionaries had not been by law established. This latter course had been adopted with the administration of justice in the capital, in which the consuls, according to a rule inviolably adhered to, might not interfere, and with the transmarine provinces then existing--Sicily, Sardinia, and the two Spains--in which, while the consul might no doubt exercise his -imperium-, he did so only exceptionally. In the ordinary course of things, accordingly, the six fields of special jurisdiction-- the two judicial appointments in the capital and the four transmarine provinces--were apportioned among the six praetors, while there devolved on the two consuls, by virtue of their general powers, the management of the non-judicial business of the capital and the military command in the continental possessions. Now as this field of general powers was thus doubly occupied, the one consul in reality remained at the disposal of the government; and in ordinary times accordingly those eight supreme annual magistrates fully, and in fact amply, sufficed. For extraordinary cases moreover power was reserved on the one hand to conjoin the non-military functions, and on the other hand to prolong the military powers beyond the term of their expiry (-prorogare-). It was not unusual to commit the two judicial offices to the same praetor, and to have the business of the capital, which in ordinary circumstances had to be transacted by the consuls, managed by the -praetor urbanus-; whereas, as far as possible, the combination of several commands in the same hand was judiciously avoided. For this case in reality a remedy was provided by the rule that there was no interregnum in the military -imperium-, so that, although it had its legal term, it yet continued after the arrival of that term de jure, until the successor appeared and relieved his predecessor of the command; or--which is the same thing-- the commanding consul or praetor after the expiry of his term of office, if a successor did not appear, might continue to act, and was bound to do so, in the consul's or praetor's stead. The influence of the senate on this apportionment of functions consisted in its having by use and wont the power of either giving effect to the ordinary rule--so that the six praetors allotted among themselves the six special departments and the consuls managed the continental non-judicial business--or prescribing some deviation from it; it might assign to the consul a transmarine command of especial importance at the moment, or include an extraordinary military or judicial commission--such as the command of the fleet or an important criminal inquiry--among the departments to be distributed, and might arrange the further cumulations and extensions of term thereby rendered necessary. In this case, however, it was simply the demarcation of the respective consular and praetorian functions on each occasion which belonged to the senate, not the designation of the persons to assume the particular office; the latter uniformly took place by agreement among the magistrates concerned or by lot. The burgesses in the earlier period were doubtless resorted to for the purpose of legitimising by special decree of the community the practical prolongation of command that was involved in the non-arrival of relief;(25) but this was required rather by the spirit than by the letter of the constitution, and soon the burgesses ceased from intervention in the matter. In the course of the seventh century there were gradually added to the six special departments already existing six others, viz. the five new governorships of Macedonia, Africa, Asia, Narbo, and Cilicia, and the presidency of the standing commission respecting exactions.(26) With the daily extending sphere of action of the Roman government, moreover, it was a case of more and more frequent occurrence, that the supreme magistrates were called to undertake extraordinary military or judicial commissions. Nevertheless the number of the ordinary supreme annual magistrates was not enlarged; and there thus devolved on eight magistrates to be annually nominated--apart from all else--at least twelve special departments to be annually occupied. Of course it was no mere accident, that this deficiency was not covered once for all by the creation of new praetorships. According to the letter of the constitution all the supreme magistrates were to be nominated annually by the burgesses; according to the new order or rather disorder--under which the vacancies that arose were filled up mainly by prolonging the term of office, and a second year was as a rule added by the senate to the magistrates legally serving for one year, but might also at discretion be refused--the most important and most lucrative places in the state were filled up no longer by the burgesses, but by the senate out of a list of competitors formed by the burgess-elections. Since among these positions the transmarine commands were especially sought after as being the most lucrative, it was usual to entrust a transmarine command on the expiry of their official year to those magistrates whom their office confined either in law or at any rate in fact to the capital, that is, to the two praetors administering justice in the city and frequently also to the consuls; a course which was compatible with the nature of prorogation, since the official authority of supreme magistrates acting in Rome and in the provinces respectively, although differently entered on, was not in strict state-law different in kind.
Regulation of Their Functions by Sulla Separation of the Political and Military Authority Cisalpine Gaul Erected into a Province
Such was the state of things which Sulla found existing, and which formed the basis of his new arrangement. Its main principles were, a complete separation between the political authority which governed in the burgess-districts and the military authority which governed in the non-burgess-districts, and an uniform extension of the duration of the supreme magistracy from one year to two, the first of which was devoted to civil, and the second to military affairs. Locally the civil and the military authority had certainly been long separated by the constitution, and the former ended at the -pomerium-, where the latter began; but still the same man held the supreme political and the supreme military power united in his hand. In future the consul and praetor were to deal with the senate and burgesses, the proconsul and propraetor were to command the army; but all military power was cut off by law from the former, and all political action from the latter. This primarily led to the political separation of the region of Northern Italy from Italy proper. Hitherto they had stood doubtless in a national antagonism, inasmuch as Northern Italy was inhabited chiefly by Ligurians and Celts, Central and Southern Italy by Italians; but, in a political and administrative point of view, the whole continental territory of the Roman state from the Straits to the Alps including the Illyrian possessions--burgess, Latin, and non-Italian communities without exception--was in the ordinary course of things under the administration of the supreme magistrates who were acting in Rome, as in fact her colonial foundations extended through all this territory. According to Sulla's arrangement Italy proper, the northern boundary of which was at the same time changed from the Aesis to the Rubico, was--as a region now inhabited without exception by Roman citizens--made subject to the ordinary Roman authorities; and it became one of the fundamental principles of Roman state-law, that no troops and no commandant should ordinarily be stationed in this district. The Celtic country south of the Alps on the other hand, in which a military command could not be dispensed with on account of the continued incursions of the Alpine tribes, was constituted a distinct governorship after the model of the older transmarine commands.(27)
Lastly, as the number of praetors to be nominated yearly was raised from six to eight, the new arrangement of the duties was such, that the ten chief magistrates to be nominated yearly devoted themselves, during their first year of office, as consuls or praetors to the business of the capital--the two consuls to government and administration, two of the praetors to the administration of civil law, the remaining six to the reorganized administration of criminal justice--and, during their second year of office, were as proconsuls or propraetors invested with the command in one of the ten governorships: Sicily, Sardinia, the two Spains, Macedonia, Asia, Africa, Narbo, Cilicia, and Italian Gaul. The already-mentioned augmentation of the number of quaestors by Sulla to twenty was likewise connected with this arrangement.(28)
Better Arrangement of Business Increase of the Power of the Senate
By this plan, in the first instance, a clear and fixed rule was substituted for the irregular mode of distributing offices hitherto adopted, a mode which invited all manner of vile manoeuvres and intrigues; and, secondly, the excesses of magisterial authority were as far as possible obviated and the influence of the supreme governing board was materially increased. According to the previous arrangement the only legal distinction in the empire was that drawn between the city which was surrounded by the ring-wall, and the country beyond the -pomerium-; the new arrangement substituted for the city the new Italy henceforth, as in perpetual peace, withdrawn from the regular -imperium-,(29) and placed in contrast to it the continental and transmarine territories, which were, on the other hand, necessarily placed under military commandants--the provinces as they were henceforth called. According to the former arrangement the same man had very frequently remained two, and often more years in the same office. The new arrangement restricted the magistracies of the capital as well as the governorships throughout to one year; and the special enactment that every governor should without fail leave his province within thirty days after his successor's arrival there, shows very clearly--particularly if we take along with it the formerly-mentioned prohibition of the immediate re-election of the late magistrate to the same or another public office--what the tendency of these arrangements was. It was the time-honoured maxim by which the senate had at one time made the monarchy subject to it, that the limitation of the magistracy in point of function was favourable to democracy, and its limitation in point of time favourable to oligarchy. According to the previous arrangement Gaius Marius had acted at once as head of the senate and as commander-in-chief of the state; if he had his own unskilfulness alone to blame for his failure to overthrow the oligarchy by means of this double official power, care seemed now taken to prevent some possibly wiser successor from making a better use of the same lever. According to the previous arrangement the magistrate immediately nominated by the people might have had a military position; the Sullan arrangement, on the other hand, reserved such a position exclusively for those magistrates whom the senate confirmed in their official authority by prolonging their term of office. No doubt this prolongation of office had now become a standing usage; but it still--so far as respects the auspices and the name, and constitutional form in general--continued to be treated as an extraordinary extension of their term. This was no matter of indifference. The burgesses alone could depose the consul or praetor from his office; the proconsul and propraetor were nominated and dismissed by the senate, so that by this enactment the whole military power, on which withal everything ultimately depended, became formally at least dependent on the senate.
Shelving of the Censorship
Lastly we have already observed that the highest of all magistracies, the censorship, though not formally abolished, was shelved in the same way as the dictatorship had previously been. Practically it might certainly be dispensed with. Provision was otherwise made for filling up the senate. From the time that Italy was practically tax-free and the army was substantially formed by enlistment, the register of those liable to taxation and service lost in the main its significance; and, if disorder prevailed in the equestrian roll or the list of those entitled to the suffrage, that disorder was probably not altogether unwelcome. There thus remained only the current financial functions which the consuls had hitherto discharged when, as frequently happened, no election of censors had taken place, and which they now took as a part of their ordinary official duties. Compared with the substantial gain that by the shelving of the censorship the magistracy lost its crowning dignity, it was a matter of little moment and was not at all prejudicial to the sole dominion of the supreme governing corporation, that--with a view to satisfy the ambition of the senators now so much more numerous--the number of the pontifices and that of the augurs was increased from nine,(30) that of the custodiers of oracles from ten,(31) to fifteen each, and that of the banquet-masters from three(32) to seven.
Regulation of the Finances
In financial matters even under the former constitution the decisive voice lay with the senate; the only point to be dealt with, accordingly, was the re-establishment of an orderly administration. Sulla had found himself at first in no small difficulty as to money; the sums brought with him from Asia Minor were soon expended for the pay of his numerous and constantly swelling army. Even after thevictory at the Colline gate the senate, seeing that the state-chest had been carried off to Praeneste, had been obliged to resort to urgent measures. Various building-sites in the capital and several portions of the Campanian domains were exposed to sale, the client kings, the freed and allied communities, were laid under extraordinary contribution, their landed property and their customs-revenues were in some cases confiscated, and in others new privileges were granted to them for money. But the residue of nearly 600,000 pounds found in the public chest on the surrender of Praeneste, the public auctions which soon began, and other extraordinary resources, relieved the embarrassment of the moment. Provision was made for the future not so much by the reform in the Asiatic revenues, under which the tax-payers were the principal gainers, and the state chest was perhaps at most no loser, as by the resumption of the Campanian domains, to which Aenaria was now added,(33) and above all by the abolition of the largesses of grain, which since the time of Gaius Gracchus had eaten like a canker into the Roman finances.
Reorganization of the Judicial System. Previous Arrangements Ordinary Procedure Permanent and Special -Quaestiones- Centumviral Court
The judicial system on the other hand was essentially revolutionized, partly from political considerations, partly with a view to introduce greater unity and usefulness into the previous very insufficient and unconnected legislation on the subject. According to the arrangements hitherto subsisting, processes fell to be decided partly by the burgesses, partly by jurymen. The judicial cases in which the whole burgesses decided on appeal from the judgment of the magistrate were, down to the time of Sulla, placed in the hands primarily of the tribunes of the people, secondarily of the aediles, inasmuch as all the processes, through which a person entrusted with an office or commission by the community was brought to answer for his conduct of its affairs, whether they involved life and limb or money-fines, had to be in the first instance dealt with by the tribunes of the people, and all the other processes in which ultimately the people decided, were in the first instance adjudicated on, in the second presided over, by the curule or plebeian aediles. Sulla, if he did not directly abolish the tribunician process of calling to account, yet made it dependent, just like the initiative of the tribunes in legislation, on the previous consent of the senate, and presumably also limited in like manner the aedilician penal procedure. On the other hand he enlarged the jurisdiction of the jury courts. There existed at that time two sorts of procedure before jurymen. The ordinary procedure, which was applicable in all cases adapted according to our view for a criminal or civil process with the exception of crimes immediately directed against the state, consisted in this, that one of the two praetors of the capital technically adjusted the cause and a juryman (-iudex-) nominated by him decided it on the basis of this adjustment. The extraordinary jury-procedure again was applicable in particular civil or criminal cases of importance, for which, instead of the single juryman, a special jury-court had been appointed by special laws. Of this sort were the special tribunals constituted for individual cases;(34) the standing commissional tribunals, such as had been appointed for exactions,(35) for poisoning and murder,(36) perhaps also for bribery at elections and other crimes, in the course of the seventh century; and lastly, the two courts of the "Ten-men" for processes affecting freedom, and the "Hundred and five," or more briefly, the "Hundred-men," for processes affecting inheritance, also called, from the shaft of a spear employed in all disputes as to property, the "spear-court" (-hasta-). The court of Ten-men (-decemviri litibus iudicandis-) was a very ancient institution for the protection of the plebeians against their masters.(37) The period and circumstances in which the spear-court originated are involved in obscurity; but they must, it may be presumed, have been nearly the same as in the case of the essentially similar criminal commissions mentioned above. As to the presidency of these different tribunals there were different regulations in the respective ordinances appointing them: thus there presided over the tribunal as to exactions a praetor, over the court for murder a president specially nominated from those who had been aediles, over the spear-court several directors taken from the former quaestors. The jurymen at least for the ordinary as for the extraordinary procedure were, in accordance with the Gracchan arrangement, taken from the non-senatorial men of equestrian census; the selection belonged in general to the magistrates who had the conducting of the courts, yet on such a footing that they, in entering upon their office, had to set forth once for all the list of jurymen, and then the jury for an individual case was formed from these, not by free choice of the magistrate, but by drawing lots, and by rejection on behalf of the parties. From the choice of the people there came only the "Ten-men" for procedure affecting freedom.
Sullan -Quaestiones-
Sulla's leading reforms were of a threefold character. First, he very considerably increased the number of the jury-courts. There were henceforth separate judicial commissions for exactions; for murder, including arson and perjury; for bribery at elections; for high treason and any dishonour done to the Roman name; for the most heinous cases of fraud--the forging of wills and of money; for adultery; for the most heinous violations of honour, particularly for injuries to the person and disturbance of the domestic peace; perhaps also for embezzlement of public moneys, for usury and other crimes; and at least the greater number of these courts were either found in existence or called into life by Sulla, and were provided by him with special ordinances setting forth the crime and form of criminal procedure. The government, moreover, was not deprived of the right to appoint in case of emergency special courts for particular groups of crimes. As a result of these arrangements, the popular tribunals were in substance done away with, processes of high treason in particular were consigned to the new high treason commission, and the ordinary jury procedure was considerably restricted, for the more serious falsifications and injuries were withdrawn from it. Secondly, as respects the presidency of the courts, six praetors, as we have already mentioned, were now available for the superintendence of the different jury-courts, and to these were added a number of other directors in the care of the commission which was most frequently called into action--that for dealing with murder. Thirdly, the senators were once more installed in the office of jurymen in room of the Gracchan equites.
The political aim of these enactments--to put an end to the share which the equites had hitherto had in the government--is clear as day; but it as little admits of doubt, that these were not mere measures of a political tendency, but that they formed the first attempt to amend the Roman criminal procedure and criminal law, which had since the struggle between the orders fallen more and more into confusion. From this Sullan legislation dates the distinction-- substantially unknown to the earlier law--between civil and criminal causes, in the sense which we now attach to these expressions; henceforth a criminal cause appears as that which comes before the bench of jurymen under the presidency of the praetor, a civil cause as the procedure, in which the juryman or jurymen do not discharge their duties under praetorian presidency. The whole body of the Sullan ordinances as to the -quaestiones- may be characterized at once as the first Roman code after the Twelve Tables, and as the first criminal code ever specially issued at all. But in the details also there appears a laudable and liberal spirit. Singular as it may sound regarding the author of the proscriptions, it remains nevertheless true that he abolished the punishment of death for political offences; for, as according to the Roman custom which even Sulla retained unchanged the people only, and not the jury-commission, could sentence to forfeiture of life or to imprisonment,(38) the transference of processes of high treason from the burgesses to a standing commission amounted to the abolition of capital punishment for such offences. On the other hand, the restriction of the pernicious special commissions for particular cases of high treason, of which the Varian commission(39) in the Social war had been a specimen, likewise involved an improvement. The whole reform was of singular and lasting benefit, and a permanent monument of the practical, moderate, statesmanly spirit, which made its author well worthy, like the old decemvirs, to step forward between the parties as sovereign mediator with his code of law.
Police Laws
We may regard as an appendix to these criminal laws the police ordinances, by which Sulla, putting the law in place of the censor, again enforced good discipline and strict manners, and, by establishing new maximum rates instead of the old ones which had long been antiquated, attempted to restrain luxury at banquets, funerals, and otherwise.
The Roman Municipal System
Lastly, the development of an independent Roman municipal system was the work, if not of Sulla, at any rate of the Sullan epoch. The idea of organically incorporating the community as a subordinate political unit in the higher unity of the state was originally foreign to antiquity; the despotism of the east knew nothing of urban commonwealths in the strict sense of the word, and city and state were throughout the Helleno-Italic world necessarily coincident. In so far there was no proper municipal system from the outset either in Greece or in Italy. The Roman polity especially adhered to this view with its peculiar tenacious consistency; even in the sixth century the dependent communities of Italy were either, in order to their keeping their municipal constitution, constituted as formally sovereign states of non-burgesses, or, if they obtained the Roman franchise, were--although not prevented from organizing themselves as collective bodies--deprived of properly municipal rights, so that in all burgess-colonies and burgess--municipia- even the administration of justice and the charge of buildings devolved on the Roman praetors and censors. The utmost to which Rome consented was to allow at least the most urgent lawsuits to be settled on the spot by a deputy (-praefectus-) of the praetor nominated from Rome.(40) The provinces were similarly dealt with, except that the governor there came in place of the authorities of the capital. In the free, that is, formally sovereign towns the civil and criminal jurisdiction was administered by the municipal magistrates according to the local statutes; only, unless altogether special privileges stood in the way, every Roman might either as defendant or as plaintiff request to have his cause decided before Italian judges according to Italian law For the ordinary provincial communities the Roman governor was the only regular judicial authority, on whom devolved the direction of all processes. It was a great matter when, as in Sicily, in the event of the defendant being a Sicilian, the governor was bound by the provincial statute to give a native juryman and to allow him to decide according to local usage; in most of the provinces this seems to have depended on the pleasure of the directing magistrate.
In the seventh century this absolute centralization of the public life of the Roman community in the one focus of Rome was given up, so far as Italy at least was concerned. Now that Italy was a single civic community and the civic territory reached from the Arnus and Rubico down to the Sicilian Straits,(41) it was necessary to consent to the formation of smaller civic communities within that larger unit. So Italy was organized into communities of full burgesses; on which occasion also the larger cantons that were dangerous from their size were probably broken up, so far as this had not been done already, into several smaller town-districts.(42) The position of these new communities of full burgesses was a compromise between that which had belonged to them hitherto as allied states, and that which by the earlier law would have belonged to them as integral parts of the Roman community. Their basis was in general the constitution of the former formally sovereign Latin community, or, so far as their constitution in its principles resembled the Roman, that of the Roman old-patrician-consular community; only care was taken to apply to the same institutions in the -municipium- names different from, and inferior to, those used in the capital, or, in other words, in the state. A burgess-assembly was placed at the head, with the prerogative of issuing municipal statutes and nominating the municipal magistrates. A municipal council of a hundred members acted the part of the Roman senate. The administration of justice was conducted by four magistrates, two regular judges corresponding to the two consuls, and two market-judges corresponding to the curule aediles. The functions of the censorship, which recurred, as in Rome, every five years and, to all appearance, consisted chiefly in the superintendence of public buildings, were also undertaken by the supreme magistrates of the community, namely the ordinary -duumviri-, who in this case assumed the distinctive title of -duumviri- "with censorial or quinquennial power." The municipal funds were managed by two quaestors. Religious functions primarily devolved on the two colleges of men of priestly lore alone known to the earliest Latin constitution, the municipal pontifices and augurs.
Relation of the -Municipium- to the State
With reference to the relation of this secondary political organism to the primary organism of the state, political prerogatives in general belonged completely to the former as well as to the latter, and consequently the municipal decree and the -imperium- of the municipal magistrates bound the municipal burgess just as the decree of the people and the consular -imperium- bound the Roman. This led, on the whole, to a co-ordinate exercise of power by the authorities of the state and of the town; both had, for instance, the right of valuation and taxation, so that in the case of any municipal valuations and taxes those prescribed by Rome were not taken into account, and vice versa; public buildings might be instituted both by the Roman magistrates throughout Italy and by the municipal authorities in their own district, and so in other cases. In the event of collision, of course the community yielded to the state and the decree of the people invalidated the municipal decree. A formal division of functions probably took place only in the administration of justice, where the system of pure co-ordination would have led to the greatest confusion. In criminal procedure presumably all capital causes, and in civil procedure those more difficult cases which presumed an independent action on the part of the directing magistrate, were reserved for the authorities and jurymen of the capital, and the Italian municipal courts were restricted to the minor and less complicated lawsuits, or to those which were very urgent.
Rise of the -Municipium-
The origin of this Italian municipal system has not been recorded by tradition. It is probable that its germs may be traced to exceptional regulations for the great burgess-colonies, which were founded at the end of the sixth century;(43) at least several, in themselves indifferent, formal differences between burgess-colonies and burgess--municipia- tend to show that the new burgess-colony, which at that time practically took the place of the Latin, had originally a better position in state-law than the far older burgess- -municipium-, and the advantage doubtless can only have consisted in a municipal constitution approximating to the Latin, such as afterwards belonged to all burgess-colonies and burgess--municipia-. The new organization is first distinctly demonstrable for the revolutionary colony of Capua;(44) and it admits of no doubt that it was first fully applied, when all the hitherto sovereign towns of Italy had to be organized, in consequence of the Social war, as burgess- communities. Whether it was the Julian law, or the censors of 668, or Sulla, that first arranged the details, cannot be determined: the entrusting of the censorial functions to the -duumviri- seems indeed to have been introduced after the analogy of the Sullan ordinance superseding the censorship, but may be equally well referred to the oldest Latin constitution to which also the censorship was unknown. In any case this municipal constitution-- inserted in, and subordinate to, the state proper--is one of the most remarkable and momentous products of the Sullan period, and of the life of the Roman state generally. Antiquity was certainly as little able to dovetail the city into the state as to develop of itself representative government and other great principles of our modern state-life; but it carried its political development up to those limits at which it outgrows and bursts its assigned dimensions, and this was the case especially with Rome, which in every respect stands on the line of separation and connection between the old and the new intellectual worlds. In the Sullan constitution the primary assembly and the urban character of the commonwealth of Rome, on the one hand, vanished almost into a meaningless form; the community subsisting within the state on the other hand was already completely developed in the Italian -municipium-. Down to the name, which in such cases no doubt is the half of the matter, this last constitution of the free republic carried out the representative system and the idea of the state built upon the basis of the municipalities.
The municipal system in the provinces was not altered by this movement; the municipal authorities of the non-free towns continued-- special exceptions apart--to be confined to administration and police, and to such jurisdiction as the Roman authorities did not prefer to take into their own hands.
Impression Produced by the Sullan Reorganization Opposition of the Officers
Such was the constitution which Lucius Cornelius Sulla gave to the commonwealth of Rome. The senate and equestrian order, the burgesses and proletariate, Italians and provincials, accepted it as it was dictated to them by the regent, if not without grumbling, at any rate without rebelling: not so the Sullan officers. The Roman army had totally changed its character. It had certainly been rendered by the Marian reform more ready for action and more militarily useful than when it did not fight before the walls of Numantia; but it had at the same time been converted from a burgess- force into a set of mercenaries who showed no fidelity to the state at all, and proved faithful to the officer only if he had the skill personally to gain their attachment. The civil war had given fearful evidence of this total revolution in the spirit of the army: six generals in command, Albinus,(45) Cato,(46) Rufus,(47) Flaccus,(48) Cinna,(49) and Gaius Carbo,(50) had fallen during its course by the hands of their soldiers: Sulla alone had hitherto been able to retain the mastery of the dangerous crew, and that only, in fact, by giving the rein to all their wild desires as no Roman general before him had ever done. If the blame of destroying the old military discipline is on this account attached to him, the censure is not exactly without ground, but yet without justice; he was indeed the first Roman magistrate who was only enabled to discharge his military and political task by coming forward as a -condottiere-. He had not however taken the military dictatorship for the purpose of making the state subject to the soldiery, but rather for the purpose of compelling everything in the state, and especially the army and the officers, to submit once more to the authority of civil order. When this became evident, an opposition arose against him among his own staff. The oligarchy might play the tyrant as respected other citizens; but that the generals also, who with their good swords had replaced the overthrown senators in their seats, should now be summoned to yield implicit obedience to this very senate, seemed intolerable. The very two officers in whom Sulla had placed most confidence resisted the new order of things. When Gnaeus Pompeius, whom Sulla had entrusted with the conquest of Sicily and Africa and had selected for his son-in-law, after accomplishing his task received orders from the senate to dismiss his army, he omitted to comply and fell little short of open insurrection.
Quintus Ofella, to whose firm perseverance in front of Praeneste the success of the last and most severe campaign was essentially due in equally open violation of the newly issued ordinances became a candidate for the consulship without having held the inferior magistracies. With Pompeius there was effected, if not a cordial reconciliation, at any rate a compromise. Sulla, who knew his man sufficiently not to fear him, did not resent the impertinent remark which Pompeius uttered to his face, that more people concerned themselves with the rising than with the setting sun; and accorded to the vain youth the empty marks of honour to which his heart clung.(51) If in this instance he appeared lenient, he showed on the other hand in the case of Ofella that he was not disposed to allow his marshals to take advantage of him; as soon as the latter had appeared unconstitutionally as candidate, Sulla had him cut down in the public market-place, and then explained to the assembled citizens that the deed was done by his orders and the reason for doing it. So this significant opposition of the staff to the new order of things was no doubt silenced for the present; but it continued to subsist and furnished the practical commentary on Sulla's saying, that what he did on this occasion could not be done a second time.
Re-establishment of Constitutional Order
One thing still remained--perhaps the most difficult of all: to bring the exceptional state of things into accordance with the paths prescribed by the new or old laws. It was facilitated by the circumstance, that Sulla never lost sight of this as his ultimate aim. Although the Valerian law gave him absolute power and gave to each of his ordinances the force of law, he had nevertheless availed himself of this extraordinary prerogative only in the case of measures, which were of transient importance, and to take part in which would simply have uselessly compromised the senate and burgesses, especially in the case of the proscriptions.
Sulla Resigns the Regency
Ordinarily he had himself observed those regulations, which he prescribed for the future. That the people were consulted, we read in the law as to the quaestors which is still in part extant; and the same is attested of other laws, e. g. the sumptuary law and those regarding the confiscation of domains. In like manner the senate was previously consulted in the more important administrative acts, such as in the sending forth and recall of the African army and in the conferring of the charters of towns. In the same spirit Sulla caused consuls to be elected even for 673, through which at least the odious custom of dating officially by the regency was avoided; nevertheless the power still lay exclusively with the regent, and the election was directed so as to fall on secondary personages. But in the following year (674) Sulla revived the ordinary constitution in full efficiency, and administered the state as consul in concert with his comrade in arms Quintus Metellus, retaining the regency, but allowing it for the time to lie dormant. He saw well how dangerous it was for his own very institutions to perpetuate the military dictatorship. When the new state of things seemed likely to hold its ground and the largest and most important portion of the new arrangements had been completed, although various matters, particularly in colonization, still remained to be done, he allowed the elections for 675 to have free course, declined re-election to the consulship as incompatible with his own ordinances, and at the beginning of 675 resigned the regency, soon after the new consuls Publius Servilius and Appius Claudius had entered on office. Even callous hearts were impressed, when the man who had hitherto dealt at his pleasure with the life and property of millions, at whose nod so many heads had fallen, who had mortal enemies dwelling in every street of Rome and in every town of Italy, and who without an ally of equal standing and even, strictly speaking, without the support of a fixed party had brought to an end his work of reorganizing the state, a work offending a thousand interests and opinions--when this man appeared in the market-place of the capital, voluntarily renounced his plenitude of power, discharged his armed attendants, dismissed his lictors, and summoned the dense throng of burgesses to speak, if any one desired from him a reckoning. All were silent: Sulla descended from the rostra, and on foot, attended only by his friends, returned to his dwelling through the midst of that very populace which eight years before had razed his house to the ground.
Character of Sulla
Posterity has not justly appreciated either Sulla himself or his work of reorganization, as indeed it is wont to judge unfairly of persons who oppose themselves to the current of the times. In fact Sulla is one of the most marvellous characters--we may even say a unique phenomenon--in history. Physically and mentally of sanguine temperament, blue-eyed, fair, of a complexion singularly white but blushing with every passionate emotion--though otherwise a handsome man with piercing eyes--he seemed hardly destined to be of more moment to the state than his ancestors, who since the days of his great-great-grandfather Publius Cornelius Rufinus (consul in 464, 477), one of the most distinguished generals and at the same time the most ostentatious man of the times of Pyrrhus, had remained in second- rate positions. He desired from life nothing but serene enjoyment. Reared in the refinement of such cultivated luxury as was at that time naturalized even in the less wealthy senatorial families of Rome, he speedily and adroitly possessed himself of all the fulness of sensuous and intellectual enjoyments which the combination of Hellenic polish and Roman wealth could secure. He was equally welcome as a pleasant companion in the aristocratic saloon and as a good comrade in the tented field; his acquaintances, high and low, found in him a sympathizing friend and a ready helper in time of need, who gave his gold with far more pleasure to his embarrassed comrade than to his wealthy creditor. Passionate was his homage to the wine-cup, still more passionate to women; even in his later years he was no longer the regent, when after the business of the day was finished he took his place at table. A vein of irony--we might perhaps say of buffoonery--pervaded his whole nature. Even when regent he gave orders, while conducting the public sale of the property of the proscribed, that a donation from the spoil should be given to the author of a wretched panegyric which was handed to him, on condition that the writer should promise never to sing his praises again. When he justified before the burgesses the execution of Ofella, he did so by relating to the people the fable of the countryman and the lice. He delighted to choose his companions among actors, and was fond of sitting at wine not only with Quintus Roscius--the Roman Talma--but also with far inferior players; indeed he was himself not a bad singer, and even wrote farces for performance within his own circle. Yet amidst these jovial Bacchanalia he lost neither bodily nor mental vigour, in the rural leisure of his last years he was still zealously devoted to the chase, and the circumstance that he brought the writings of Aristotle from conquered Athens to Rome attests withal his interest in more serious reading. The specific type of Roman character rather repelled him. Sulla had nothing of the blunt hauteur which the grandees of Rome were fond of displaying in presence of the Greeks, or of the pomposity of narrow-minded great men; on the contrary he freely indulged his humour, appeared, to the scandal doubtless of many of his countrymen, in Greek towns in the Greek dress, or induced his aristocratic companions to drive their chariots personally at the games. He retained still less of those half-patriotic, half-selfish hopes, which in countries of free constitution allure every youth of talent into the political arena, and which he too like all others probably at one time felt. In such a life as his was, oscillating between passionate intoxication and more than sober awaking, illusions are speedily dissipated. Wishing and striving probably appeared to him folly in a world which withal was absolutely governed by chance, and in which, if men were to strive after anything at all, this chance could be the only aim of their efforts. He followed the general tendency of the age in addicting himself at once to unbelief and to superstition. His whimsical credulity was not the plebeian superstition of Marius, who got a priest to prophesy to him for money and determined his actions accordingly; still less was it the sullen belief of the fanatic in destiny; it was that faith in the absurd, which necessarily makes its appearance in every man who has out and out ceased to believe in a connected order of things--the superstition of the fortunate player, who deems himself privileged by fate to throw on each and every occasion the right number. In practical questions Sulla understood very well how to satisfy ironically the demands of religion. When he emptied the treasuries of the Greek temples, he declared that the man could never fail whose chest was replenished by the gods themselves. When the Delphic priests reported to him that they were afraid to send the treasures which he asked, because the harp of the god emitted a clear sound when they touched it, he returned the reply that they might now send them all the more readily, as the god evidently approved his design. Nevertheless he fondly flattered himself with the idea that he was the chosen favourite of the gods, and in an altogether special manner of that goddess, to whom down to his latest years he assigned the pre- eminence, Aphrodite. In his conversations as well as in his autobiography he often plumed himself on the intercourse which the immortals held with him in dreams and omens. He had more right than most men to be proud of his achievements he was not so, but he was proud of his uniquely faithful fortune. He was wont to say that every improvised enterprise turned out better with him than those which were systematically planned; and one of his strangest whims-- that of regularly stating the number of those who had fallen on his side in battle as nil--was nothing but the childishness of a child of fortune. It was but the utterance of his natural disposition, when, having reached the culminating point of his career and seeing all his contemporaries at a dizzy depth beneath him, he assumed the designation of the Fortunate--Sulla Felix--as a formal surname, and bestowed corresponding appellations on his children,
Sulla's Political Career
Nothing lay farther from Sulla than systematic ambition. He had too much sense to regard, like the average aristocrats of his time, the inscription of his name in the roll of the consuls as the aim of his life; he was too indifferent and too little of an ideologue to be disposed voluntarily to engage in the reform of the rotten structure of the state. He remained--where birth and culture placed him--in the circle of genteel society, and passed through the usual routine of offices; he had no occasion to exert himself, and left such exertion to the political working bees, of whom there was in truth no lack. Thus in 647, on the allotment of the quaestorial places, accident brought him to Africa to the headquarters of Gaius Marius. The untried man-of-fashion from the capital was not very well received by the rough boorish general and his experienced staff. Provoked by this reception Sulla, fearless and skilful as he was, rapidly made himself master of the profession of arms, and in his daring expedition to Mauretania first displayed that peculiar combination of audacity and cunning with reference to which his contemporaries said of him that he was half lion half fox, and that the fox in him was more dangerous than the lion. To the young, highborn, brilliant officer, who was confessedly the real means of ending the vexatious Numidian war, the most splendid career now lay open; he took part also in the Cimbrian war, and manifested his singular talent for organization in the management of the difficult task of providing supplies; yet even now the pleasures of life in the capital had far more attraction for him than war or even politics. During his praetorship, which office he held in 661 after having failed in a previous candidature, it once more chanced that in his province, the least important of all, the first victory over king Mithradates and the first treaty with the mighty Arsacids, as well as their first humiliation, occurred. The Civil war followed. It was Sulla mainly, who decided the first act of it--the Italian insurrection-- in favour of Rome, and thus won for himself the consulship by his sword; it was he, moreover, who when consul suppressed with energetic rapidity the Sulpician revolt. Fortune seemed to make it her business to eclipse the old hero Marius by means of this younger officer. The capture of Jugurtha, the vanquishing of Mithradates, both of which Marius had striven for in vain, were accomplished in subordinate positions by Sulla: in the Social war, in which Marius lost his renown as a general and was deposed, Sulla established his military repute and rose to the consulship; the revolution of 666, which was at the same time and above all a personal conflict between the two generals, ended with the outlawry and flight of Marius. Almost without desiring it, Sulla had become the most famous general of his time and the shield of the oligarchy. New and more formidable crises ensued--the Mithradatic war, the Cinnan revolution; the star of Sulla continued always in the ascendant. Like the captain who seeks not to quench the flames of his burning ship but continues to fire on the enemy, Sulla, while the revolution was raging in Italy, persevered unshaken in Asia till the public foe was subdued. So soon as he had done with that foe, he crushed anarchy and saved the capital from the firebrands of the desperate Samnites and revolutionists. The moment of his return home was for Sulla an overpowering one in joy and in pain: he himself relates in his memoirs that during his first night in Rome he had not been able to close an eye, and we may well believe it. But still his task was not at an end; his star was destined to rise still higher. Absolute autocrat as was ever any king, and yet constantly abiding on the ground of formal right, he bridled the ultra-reactionary party, annihilated the Gracchan constitution which had for forty years limited the oligarchy, and compelled first the powers of the capitalists and of the urban proletariate which had entered into rivalry with the oligarchy, and ultimately the arrogance of the sword which had grown up in the bosom of his own staff, to yield once more to the law which he strengthened afresh. He established the oligarchy on a more independent footing than ever, placed the magisterial power as a ministering instrument in its hands, committed to it the legislation, the courts, the supreme military and financial power, and furnished it with a sort of bodyguard in the liberated slaves and with a sort of army in the settled military colonists. Lastly, when the work was finished, the creator gave way to his own creation; the absolute autocrat became of his own accord once more a simple senator. In all this long military and political career Sulla never lost a battle, was never compelled to retrace a single step, and, led astray neither by friends nor by foes, brought his work to the goal which he had himself proposed. He had reason, indeed, to thank his star. The capricious goddess of fortune seemed in his case for once to have exchanged caprice for steadfastness, and to have taken a pleasure in loading her favourite with successes and honours-- whether he desired them or not. But history must be more just towards him than he was towards himself, and must place him in a higher rank than that of the mere favourites of fortune.
Sulla and His Work
We do not mean that the Sullan constitution was a work of political genius, such as those of Gracchus and Caesar. There does not occur in it--as is, indeed, implied in its very nature as a restoration--a single new idea in statesmanship. All its most essential features-- admission to the senate by the holding of the quaestorship, the abolition of the censorial right to eject a senator from the senate, the initiative of the senate in legislation, the conversion of the tribunician office into an instrument of the senate for fettering the -imperium-, the prolonging of the duration of the supreme office to two years, the transference of the command from the popularly-elected magistrate to the senatorial proconsul or propraetor, and even the new criminal and municipal arrangements-- were not created by Sulla, but were institutions which had previously grown out of the oligarchic government, and which he merely regulated and fixed. And even as to the horrors attaching to his restoration, the proscriptions and confiscations--are they, compared with the doings of Nasica, Popillius, Opimius, Caepio and so on, anything else than the legal embodiment of the customary oligarchic mode of getting rid of opponents? On the Roman oligarchy of this period no judgment can be passed save one of inexorable and remorseless condemnation; and, like everything, else connected with it, the Sullan constitution is completely involved in that condemnation. To accord praise which the genius of a bad man bribes us into bestowing is to sin against the sacred character of history; but we may be allowed to bear in mind that Sulla was far less answerable for the Sullan restoration than the body of the Roman aristocracy, which had ruled as a clique for centuries and had every year become more enervated and embittered by age, and that all that was hollow and all that was nefarious therein is ultimately traceable to that aristocracy. Sulla reorganized the state--not, however, as the master of the house who puts his shattered estate and household in order according to his own discretion, but as the temporary business-manager who faithfully complies with his instructions; it is superficial and false in such a case to devolve the final and essential responsibility from the master upon the manager. We estimate the importance of Sulla much too highly, or rather we dispose of those terrible proscriptions, ejections, and restorations--for which there never could be and never was any reparation--on far too easy terms, when we regard them as the work of a bloodthirsty tyrant whom accident had placed at the head of the state. These and the terrorism of the restoration were the deeds of the aristocracy, and Sulla was nothing more in the matter than, to use the poet's expression, the executioner's axe following the conscious thought as its unconscious instrument. Sulla carried out that part with rare, in fact superhuman, perfection; but within the limits which it laid down for him, his working was not only grand but even useful. Never has any aristocracy deeply decayed and decaying still farther from day to day, such as was the Roman aristocracy of that time, found a guardian so willing and able as Sulla to wield for it the sword of the general and the pen of the legislator without any regard to the gain of power for himself. There is no doubt a difference between the case of an officer who refuses the sceptre from public spirit and that of one who throws it away from a cloyed appetite; but, so far as concerns the total absence of political selfishness--although, it is true, in this one respect only--Sulla deserves to be named side by side with Washington.
Value of the Sullan Constitution
But the whole country--and not the aristocracy merely--was more indebted to him than posterity was willing to confess. Sulla definitely terminated the Italian revolution, in so far as it was based on the disabilities of individual less privileged districts as compared with others of better rights, and, by compelling himself and his party to recognize the equality of the rights of all Italians in presence of the law, he became the real and final author of the full political unity of Italy--a gain which was not too dearly purchased by ever so many troubles and streams of blood. Sulla however did more. For more than half a century the power of Rome had been declining, and anarchy had been her permanent condition: for the government of the senate with the Gracchan constitution was anarchy, and the government of Cinna and Carbo was a yet far worse illustration of the absence of a master- hand (the sad image of which is most clearly reflected in that equally confused and unnatural league with the Samnites), the most uncertain, most intolerable, and most mischievous of all conceivable political conditions--in fact the beginning of the end. We do not go too far when we assert that the long-undermined Roman commonwealth must have necessarily fallen to pieces, had not Sulla by his intervention in Asia and Italy saved its existence. It is true that the constitution of Sulla had as little endurance as that of Cromwell, and it was not difficult to see that his structure was no solid one; but it is arrant thoughtlessness to overlook the fact that without Sulla most probably the very site of the building would have been swept away by the waves; and even the blame of its want of stability does not fall primarily on Sulla. The statesman builds only so much as in the sphere assigned to him he can build. What a man of conservative views could do to save the old constitution, Sulla did; and he himself had a foreboding that, while he might doubtless erect a fortress, he would be unable to create a garrison, and that the utter worthlessness of the oligarchs would render any attempt to save the oligarchy vain. His constitution resembled a temporary dike thrown into the raging breakers; it was no reproach to the builder, if some ten years afterwards the waves swallowed up a structure at variance with nature and not defended even by those whom it sheltered. The statesman has no need to be referred to highly commendable isolated reforms, such as those of the Asiatic revenue-system and of criminal justice, that he may not summarily dismiss Sulla's ephemeral restoration: he will admire it as a reorganization of the Roman commonwealth judiciously planned and on the whole consistently carried out under infinite difficulties, and he will place the deliverer of Rome and the accomplisher of Italian unity below, but yet by the side of, Cromwell.
Immoral and Superficial Nature of the Sullan Restoration
It is not, however, the statesman alone who has a voice in judging the dead; and with justice outraged human feeling will never reconcile itself to what Sulla did or suffered others to do. Sulla not only established his despotic power by unscrupulous violence, but in doing so called things by their right name with a certain cynical frankness, through which he has irreparably offended the great mass of the weakhearted who are more revolted at the name than at the thing, but through which, from the cool and dispassionate character of his crimes, he certainly appears to the moral judgment more revolting than the criminal acting from passion. Outlawries, rewards to executioners, confiscations of goods, summary procedure with insubordinate officers had occurred a hundred times, and the obtuse political morality of ancient civilization had for such things only lukewarm censure; but it was unexampled that the names of the outlaws should be publicly posted up and their heads publicly exposed, that a set sum should be fixed for the bandits who slew them and that it should be duly entered in the public account-books, that the confiscated property should be brought to the hammer like the spoil of an enemy in the public market, that the general should order a refractory officer to be at once cut down and acknowledge the deed before all the people. This public mockery of humanity was also a political error; it contributed not a little to envenom later revolutionary crises beforehand, and on that account even now a dark shadow deservedly rests on the memory of the author of the proscriptions.
Sulla may moreover be justly blamed that, while in all important matters he acted with remorseless vigour, in subordinate and more especially in personal questions he very frequently yielded to his sanguine temperament and dealt according to his likings or dislikings. Wherever he really felt hatred, as for instance against the Marians, he allowed it to take its course without restraint even against the innocent, and boasted of himself that no one had better requited friends and foes.(52) He did not disdain on occasion of his plenitude of power to accumulate a colossal fortune. The first absolute monarch of the Roman state, he verified the maxim of absolutism--that the laws do not bind the prince--forthwith in the case of those laws which he himself issued as to adultery and extravagance. But his lenity towards his own party and his own circle was more pernicious for the state than his indulgence towards himself. The laxity of his military discipline, although it was partly enjoined by his political exigencies, may be reckoned as coming under this category; but far more pernicious was his indulgence towards his political adherents. The extent of his occasional forbearance is hardly credible: for instance Lacius Murena was not only released from punishment for defeats which he sustained through arrant perversity and insubordination,(53) but was even allowed a triumph; Gnaeus Pompeius, who had behaved still worse, was still more extravagantly honoured by Sulla.(54) The extensive range and the worst enormities of the proscriptions and confiscations probably arose not so much from Sulla's own wish as from this spirit of indifference, which in his position indeed was hardly more pardonable. That Sulla with his intrinsically energetic and yet withal indifferent temperament should conduct himself very variously, sometimes with incredible indulgence, sometimes with inexorable severity, may readily be conceived. The saying repeated a thousand times, that he was before his regency a good-natured, mild man, but when regent a bloodthirsty tyrant, carries in it its own refutation; if he as regent displayed the reverse of his earlier gentleness, it must rather be said that he punished with the same careless nonchalance with which he pardoned. This half-ironical frivolity pervades his whole political action. It is always as if the victor, just as it pleased him to call his merit in gaining victory good fortune, esteemed the victory itself of no value; as if he had a partial presentiment of the vanity and perishableness of his own work; as if after the manner of a steward he preferred making repairs to pulling down and rebuilding, and allowed himself in the end to be content with a sorry plastering to conceal the flaws.
Sulla after His Retirement
But, such as he was, this Don Juan of politics was a man of one mould. His whole life attests the internal equilibrium of his nature; in the most diverse situations Sulla remained unchangeably the same. It was the same temper, which after the brilliant successes in Africa made him seek once more the idleness of the capital, and after the full possession of absolute power made him find rest and refreshment in his Cuman villa. In his mouth the saying, that public affairs were a burden which he threw off so soon as he might and could, was no mere phrase. After his resignation he remained entirely like himself, without peevishness and without affectation, glad to be rid of public affairs and yet interfering now and then when opportunity offered. Hunting and fishing and the composition of his memoirs occupied his leisure hours; by way of interlude he arranged, at the request of the discordant citizens, the internal affairs of the neighbouring colony of Puteoli as confidently and speedily as he had formerly arranged those of the capital. His last action on his sickbed had reference to the collection of a contribution for the rebuilding of the Capitoline temple, of which he was not allowed to witness the completion.
Death of Sulla
Little more than a year after his retirement, in the sixtieth year of his life, while yet vigorous in body and mind, he was overtaken by death; after a brief confinement to a sick-bed--he was writing at his autobiography two days even before his death--the rupture of a blood- vessel(55) carried him off (676). His faithful fortune did not desert him even in death. He could have no wish to be drawn once more into the disagreeable vortex of party struggles, and to be obliged to lead his old warriors once more against a new revolution; yet such was the state of matters at his death in Spain and in Italy, that he could hardly have been spared this task had his life been prolonged. Even now when it was suggested that he should have a public funeral in the capital, numerous voices there, which had been silent in his lifetime, were raised against the last honour which it was proposed to show to the tyrant. But his memory was still too fresh and the dread of his old soldiers too vivid: it was resolved that the body should be conveyed to the capital and that the obsequies should be celebrated there.
His Funeral
Italy never witnessed a grander funeral solemnity. In every place through which the deceased was borne in regal attire, with his well- known standards and fasces before him, the inhabitants and above all his old soldiers joined the mourning train: it seemed as if the whole army would once more meet round the hero in death, who had in life led it so often and never except to victory. So the endless funeral procession reached the capital, where the courts kept holiday and all business was suspended, and two thousand golden chaplets awaited the dead--the last honorary gifts of the faithful legions, of the cities, and of his more intimate friends. Sulla, faithful to the usage of the Cornelian house, had ordered that his body should be buried without being burnt; but others were more mindful than he was of what past days had done and future days might do: by command of the senate the corpse of the man who had disturbed the bones of Marius from their rest in the grave was committed to the flames. Headed by all the magistrates and the whole senate, by the priests and priestesses in their official robes and the band of noble youths in equestrian armour, the procession arrived at the great market-place; at this spot, filled by his achievements and almost by the sound as yet of his dreaded words, the funeral oration was delivered over the deceased; and thence the bier was borne on the shoulders of senators to the Campus Martius, where the funeral pile was erected. While the flames were blazing, the equites and the soldiers held their race of honour round the corpse; the ashes of the regent were deposited in the Campus Martius beside the tombs of the old kings, and the Roman women mourned him for a year.
XI. The Commonwealth and Its Economy
External and Internal Bankruptcy of the Roman State
We have traversed a period of ninety years--forty years of profound peace, fifty of an almost constant revolution. It is the most inglorious epoch known in Roman history. It is true that the Alps were crossed both in an easterly and westerly direction,(1) and the Roman arms reached in the Spanish peninsula as far as the Atlantic Ocean(2) and in the Macedono-Grecian peninsula as far as the Danube;(3) but the laurels thus gained were as cheap as they were barren. The circle of the "extraneous peoples under the will, sway, dominion, or friendship of the Roman burgesses,"(4) was not materially extended; men were content to realize the gains of a better age and to bring the communities, annexed to Rome in laxer forms of dependence, more and more into full subjection. Behind the brilliant screen of provincial reunions was concealed a very sensible decline of Roman power. While the whole ancient civilization was daily more and more distinctly embraced in the Roman state, and embodied there in forms of more general validity, the nations excluded from it began simultaneously beyond the Alps and beyond the Euphrates to pass from defence to aggression. On the battle- fields of Aquae Sextiae and Vercellae, of Chaeronea and Orchomenus, were heard the first peals of that thunderstorm, which the Germanic tribes and the Asiatic hordes were destined to bring upon the Italo- Grecian world, and the last dull rolling of which has reached almost to our own times. But in internal development also this epoch bears the same character. The old organization collapses irretrievably. The Roman commonwealth was planned as an urban community, which through its free burgess-body gave to itself rulers and laws; which was governed by these well-advised rulers within these legal limits with kingly freedom; and around which the Italian confederacy, as an aggregate of free urban communities essentially homogeneous and cognate with the Roman, and the body of extra-Italian allies, as an aggregate of Greek free cities and barbaric peoples and principalities--both more superintended, than domineered over, by the community of Rome--formed a double circle. It was the final result of the revolution--and both parties, the nominally conservative as well as the democratic party, had co- operated towards it and concurred in it--that of this venerable structure, which at the beginning of the present epoch, though full of chinks and tottering, still stood erect, not one stone was at its close left upon another. The holder of sovereign power was now either a single man, or a close oligarchy--now of rank, now of riches. The burgesses had lost all legitimate share in the government. The magistrates were instruments without independence in the hands of the holder of power for the time being. The urban community of Rome had broken down by its unnatural enlargement. The Italian confederacy had been merged in the urban community. The body of extra-Italian allies was in full course of being converted into a body of subjects. The whole organic classification of the Roman commonwealth had gone to wreck, and nothing was left but a crude mass of more or less disparate elements.
The Prospect
The state of matters threatened to end in utter anarchy and in the inward and outward dissolution of the state. The political movement tended thoroughly towards the goal of despotism; the only point still in dispute was whether the close circle of the families of rank, or the senate of capitalists, or a monarch was to be the despot. The political movement followed thoroughly the paths that led to despotism; the fundamental principle of a free commonwealth-- that the contending powers should reciprocally confine themselves to indirect coercion--had become effete in the eyes of all parties alike, and on both sides the fight for power began to be carried on first by the bludgeon, and soon by the sword. The revolution, at an end in so far as the old constitution was recognized by both sides as finally set aside and the aim and method of the new political development were clearly settled, had yet up to this time discovered nothing but provisional solutions for this problem of the reorganization of the state; neither the Gracchan nor the Sullan constitution of the community bore the stamp of finality. But the bitterest feature of this bitter time was that even hope and effort failed the clear-seeing patriot. The sun of freedom with all its endless store of blessings was constantly drawing nearer to its setting, and the twilight was settling over the very world that was still so brilliant. It was no accidental catastrophe which patriotism and genius might have warded off; it was ancient social evils--at the bottom of all, the ruin of the middle class by the slave proletariate--that brought destruction on the Roman commonwealth. The most sagacious statesman was in the plight of the physician to whom it is equally painful to prolong or to abridge the agony of his patient. Beyond doubt it was the better for the interests of Rome, the more quickly and thoroughly a despot set aside all remnants of the ancient free constitution, and invented new forms and expressions for the moderate measure of human prosperity for which in absolutism there is room: the intrinsic advantage, which belonged to monarchy under the given circumstances as compared with any oligarchy, lay mainly in the very circumstance that such a despotism, energetic in pulling down and energetic in building up, could never be exercised by a collegiate board. But such calm considerations do not mould history; it is not reason it is passion alone, that builds for the future. The Romans had just to wait and to see how long their commonwealth would continue unable to live and unable to die, and whether it would ultimately find its master and, so far as might be possible, its regenerator, in a man of mighty gifts, or would collapse in misery and weakness.
Finances of the State
It remains that we should notice the economic and social relations of the period before us, so far as we have not already done so.
Italian Revenues
The finances of the state were from the commencement of this epoch substantially dependent on the revenues from the provinces. In Italy the land-tax, which had always occurred there merely as an extraordinary impost by the side of the ordinary domanial and other revenues, had not been levied since the battle of Pydna, so that absolute freedom from land-tax began to be regarded as a constitutional privilege of the Roman landowner. The royalties of the state, such as the salt monopoly(5) and the right of coinage, were not now at least, if ever at all, treated as sources of income. The new tax on inheritance(6) was allowed to fall into abeyance or was perhaps directly abolished. Accordingly the Roman exchequer drew from Italy including Cisalpine Gaul nothing but the produce of the domains, particularly of the Campanian territory and of the gold mines in the land of the Celts, and the revenue from manumissions and from goods imported by sea into the Roman civic territory not for the personal consumption of the importer. Both of these may be regarded essentially as taxes on luxury, and they certainly must have been considerably augmented by the extension of the field of Roman citizenship and at the same time of Roman customs-dues to all Italy, probably including Cisalpine Gaul.
Provincial Revenues
In the provinces the Roman state claimed directly as its private property, on the one hand, in the states annulled by martial law the whole domain, on the other hand in those states, where the Roman government came in room of the former rulers, the landed property possessed by the latter. By virtue of this right the territories of Leontini, Carthage, and Corinth, the domanial property of the kings of Macedonia, Pergamus, and Cyrene, the mines in Spain and Macedonia were regarded as Roman domains; and, in like manner with the territory of Capua, were leased by the Roman censors to private contractors in return for the delivery of a proportion of the produce or a fixed sum of money. We have already explained that Gaius Gracchus went still farther, claimed the whole land of the provinces as domain, and in the case of the province of Asia practically carried out this principle; inasmuch as he legally justified the -decumae-, -scriptura-, and -vectigalia- levied there on the ground of the Roman state's right of property in the land, pasture, and coasts of the province, whether these had previously belonged to the king or private persons.(7)
There do not appear to have been at this period any royalties from which the state derived profit, as respected the provinces; the prohibition of the culture of the vine and olive in Transalpine Gaul did not benefit the state-chest as such. On the other hand direct and indirect taxes were levied to a great extent. The client states recognized as fully sovereign--such as the kingdoms of Numidia and Cappadocia, the allied states (-civitates foederatae-) of Rhodes, Messana, Tauromenium, Massilia, Gades--were legally exempt from taxation, and merely bound by their treaties to support the Roman republic in times of war by regularly furnishing a fixed number of ships or men at their own expense, and, as a matter of course in case of need, by rendering extraordinary aid of any kind.
Taxes
The rest of the provincial territory on the other hand, even including the free cities, was throughout liable to taxation; the only exceptions were the cities invested with the Roman franchise, such as Narbo, and the communities on which immunity from taxation was specially conferred (-civitates immunes-), such as Centuripa in Sicily. The direct taxes consisted partly--as in Sicily and Sardinia--of a title to the tenth(8) of the sheaves and other field produce as of grapes and olives, or, if the land lay in pasture, to a corresponding -scriptura-; partly--as in Macedonia, Achaia, Cyrene, the greater part of Africa, the two Spains, and by Sulla's arrangements also in Asia--of a fixed sum of money to be paid annually by each community to Rome (-stipendium-, -tributum-). This amounted, e. g. for all Macedonia, to 600,000 -denarii- (24,000 pounds), for the small island of Gyaros near Andros to 150 -denarii- (6 pounds, 10 shillings), and was apparently on the whole low and less than the tax paid before the Roman rule. Those ground-tenths and pasture-moneys the state farmed out to private contractors on condition of their paying fixed quantities of grain or fixed sums of money; with respect to the latter money-payments the state drew upon the respective communities, and left it to these to assess the amount, according to the general principles laid down by the Roman government, on the persons liable, and to collect it from them.(9)
Customs
The indirect taxes consisted--apart from the subordinate moneys levied from roads, bridges, and canals--mainly of customs-duties. The customs-duties of antiquity were, if not exclusively, at any rate principally port-dues, less frequently frontier-dues, on imports and exports destined for sale, and were levied by each community in its ports and its territory at discretion. The Romans recognized this principle generally, in so far as their original customs-domain did not extend farther than the range of the Roman franchise and the limit of the customs was by no means coincident with the limits of the empire, so that a general imperial tariff was unknown: it was only by means of state-treaty that a total exemption from customs-dues in the client communities was secured for the Roman state, and in various cases at least favourable term for the Roman burgess. But in those districts, which had not been admitted to alliance with Rome but were in the condition of subjects proper and had not acquired immunity, the customs fell as a matter of course to the proper sovereign, that is, to the Roman community; and in consequence of this several larger regions within the empire were constituted as separate Roman customs-districts, in which the several communities allied or privileged with immunity were marked off as exempt from Roman customs. Thus Sicily even from the Carthaginian period formed a closed customs-district, on the frontier of which a tax of 5 per cent on the value was levied from all imports or exports; thus on the frontiers of Asia there was levied in consequence of the Sempronian law(10) a similar tax of 21 per cent; in like manner the province of Narbo, exclusively the domain of the Roman colony, was organized as a Roman customs- district This arrangement, besides its fiscal objects, may have been partly due to the commendable purpose of checking the confusion inevitably arising out of a variety of communal tolls by a uniform regulation of frontier-dues. The levying of the customs, like that of the tenths, was without exception leased to middlemen.
Costs of Collection
The ordinary burdens of Roman taxpayers were limited to these imposts; but we may not overlook the fact, that the expenses of collection were very considerable, and the contributors paid an amount disproportionately great as compared with what the Roman government received. For, while the system of collecting taxes by middlemen, and especially by general lessees, is in itself the most expensive of all, in Rome effective competition was rendered extremely difficult in consequence of the slight extent to which the lettings were subdivided and the immense association of capital.
Requisitions
To these ordinary burdens, however, fell to be added in the first place the requisitions which were made. The costs of military administration were in law defrayed by the Roman community. It provided the commandants of every province with the means of transport and all other requisites; it paid and provisioned the Roman soldiers in the province. The provincial communities had to furnish merely shelter, wood, hay, and similar articles free of cost to the magistrates and soldiers; in fact the free towns were even ordinarily exempted from the winter quartering of the troops-- permanent camps were not yet known. If the governor therefore needed grain, ships, slaves to man them, linen, leather, money, or aught else, he was no doubt absolutely at liberty in time of war--nor was it far otherwise in time of peace--to demand such supplies according to his discretion and exigencies from the subject- communities or the sovereign protected states; but these supplies were, like the Roman land-tax, treated legally as purchases or advances, and the value was immediately or afterwards made good by the Roman exchequer. Nevertheless these requisitions became, if not in the theory of state-law, at any rate practically, one of the most oppressive burdens of the provincials; and the more so, that the amount of compensation was ordinarily settled by the government or even by the governor after a one-sided fashion. We meet indeed with several legislative restrictions on this dangerous right of requisition of the Roman superior magistrates: for instance, the rule already mentioned, that in Spain there should not be taken from the country people by requisitions for grain more than the twentieth sheaf, and that the price even of this should be equitably ascertained;(11) the fixing of a maximum quantity of grain to be demanded by the governor for the wants of himself and his retinue; the previous adjustment of a definite and high rate of compensation for the grain which was frequently demanded, at least from Sicily, for the wants of the capital. But, while by fixing such rules the pressure of those requisitions on the economy of the communities and of individuals in the province was doubtless mitigated here and there, it was by no means removed. In extraordinary crises this pressure unavoidably increased and often went beyond all bounds, for then in fact the requisitions not unfrequently assumed the form of a punishment imposed or that of voluntary contributions enforced, and compensation was thus wholly withheld. Thus Sulla in 670-671 compelled the provincials of Asia Minor, who certainly had very gravely offended against Rome, to furnish to every common soldier quartered among them forty-fold pay (per day 16 -denarii- = 11 shillings), to every centurion seventy-five-fold pay, in addition to clothing and meals along with the right to invite guests at pleasure; thus the same Sulla soon afterwards imposed a general contribution on the client and subject communities,(12) in which case nothing, of course, was said of repayment.
Local Burdens
Further the local public burdens are not to be left out of view. They must have been, comparatively, very considerable;(13) for the costs of administration, the keeping of the public buildings in repair, and generally all civil expenses were borne by the local budget, and the Roman government simply undertook to defray the military expenses from their coffers. But even of this military budget considerable items were devolved on the communities--such as the expense of making and maintaining the non-Italian military roads, the costs of the fleets in the non-Italian seas, nay even in great part the outlays for the army, inasmuch as the forces of the client-states as well as those of the subjects were regularly liable to serve at the expense of their communities within their province, and began to be employed with increasing frequency even beyond it--Thracians in Africa, Africans in Italy, arid so on--at the discretion of the Romans.(14) If the provinces only and not Italy paid direct taxes to the government, this was equitable in a financial, if not in a political, aspect so long as Italy alone bore the burdens and expense of the military system; but from the time that this system was abandoned, the provincials were, in a financial point of view, decidedly overburdened.
Extortions
Lastly we must not forget the great chapter of injustice by which in manifold ways the Roman magistrates and farmers of the revenue augmented the burden of taxation on the provinces. Although every present which the governor took might be treated legally as an exaction, and even his right of purchase might be restricted by law, yet the exercise of his public functions offered to him, if he was disposed to do wrong, pretexts more than enough for doing so. The quartering of the troops; the free lodging of the magistrates and of the host of adjutants of senatorial or equestrian rank, of clerks, lictors, heralds, physicians, and priests; the right which the messengers of the state had to be forwarded free of cost; the approval of, and providing transport for, the contributions payable in kind; above all the forced sales and the requisitions--gave all magistrates opportunity to bring home princely fortunes from the provinces. And the plundering became daily more general, the more that the control of the government appeared to be worthless and that of the capitalist-courts to be in reality dangerous to the upright magistrate alone. The institution of a standing commission regarding the exactions of magistrates in the provinces, occasioned by the frequency of complaints as to such cases, in 605,(15) and the laws as to extortion following each other so rapidly and constantly augmenting its penalties, show the daily increasing height of the evil, as the Nilometer shows the rise of the flood.
Under all these circumstances even a taxation moderate in theory might become extremely oppressive in its actual operation; and that it was so is beyond doubt, although the financial oppression, which the Italian merchants and bankers exercised over the provinces, was probably felt as a far heavier burden than the taxation with all the abuses that attached to it.
Aggregate Financial Result
If we sum up, the income which Rome drew from the provinces was not properly a taxation of the subjects in the sense which we now attach to that expression, but rather in the main a revenue that may be compared with the Attic tributes, by means of which the leading state defrayed the expense of the military system which it maintained. This explains the surprisingly small amount of the gross as well as of the net proceeds. There exists a statement, according to which the income of Rome, exclusive, it may be presumed, of the Italian revenues and of the grain delivered in kind to Italy by the -decumani- up to 691 amounted to not more than 200 millions of sesterces (2,000,000 pounds); that is, but two-thirds of the sum which the king of Egypt drew from his country annually. The proportion can only seem strange at the first glance. The Ptolemies turned to account the valley of the Nile as great, plantation-owners, and drew immense sums from their monopoly of the commercial intercourse with the east; the Roman treasury was not much more than the joint military chest of the communities united under Rome's protection. The net produce was probably still less in proportion. The only provinces yielding a considerable surplus were perhaps Sicily, where the Carthaginian system of taxation prevailed, and more especially Asia from the time that Gaius Gracchus, in order to provide for his largesses of corn, had carried out the confiscation of the soil and a general domanial taxation there. According to manifold testimonies the finances of the Roman state were essentially dependent on the revenues of Asia. The assertion sounds quite credible that the other provinces on an average cost nearly as much as they brought in; in fact those which required a considerable garrison, such as the two Spains, Transalpine Gaul, and Macedonia, probably often cost more than they yielded. On the whole certainly the Roman treasury in ordinary times possessed a surplus, which enabled them amply to defray the expense of the buildings of the state and city, and to accumulate a reserve-fund; but even the figures appearing for these objects, when compared with the wide domain of the Roman rule, attest the small amount of the net proceeds of the Roman taxes. In a certain sense therefore the old principle equally honourable and judicious-- that the political hegemony should not be treated as a privilege yielding profit--still governed the financial administration of the provinces as it had governed that of Rome in Italy. What the Roman community levied from its transmarine subjects was, as a rule, re- expended for the military security of the transmarine possessions; and if these Roman imposts fell more heavily on those who paid them than the earlier taxation, in so far as they were in great part expended abroad, the substitution, on the other hand, of a single ruler and a centralized military administration for the many petty rulers and armies involved a very considerable financial saving. It is true, however, that this principle of a previous better age came from the very first to be infringed and mutilated by the numerous exceptions which were allowed to prevail. The ground- tenth levied by Hiero and Carthage in Sicily went far beyond the amount of an annual war-contributioa With justice moreover Scipio Aemilianus says in Cicero, that it was unbecoming for the Roman burgess-body to be at the same time the ruler and the tax-gatherer of the nations. The appropriation of the customs-dues was not compatible with the principle of disinterested hegemony, and the high rates of the customs as well as the vexatious mode of levying them were not fitted to allay the sense of the injustice thereby inflicted. Even as early probably as this period the name of publican became synonymous among the eastern peoples with that of rogue and robber: no burden contributed so much as this to make the Roman name offensive and odious especially in the east. But when Gaius Gracchus and those who called themselves the "popular party" in Rome came to the helm, political sovereignty was declared in plain terms to be a right which entitled every one who shared in it to a number of bushels of corn, the hegemony was converted into a direct ownership of the soil, and the most complete system of making the most of that ownership was not only introduced but with shameless candour legally justified and proclaimed. It was certainly not a mere accident, that the hardest lot in this respect fell precisely to the two least warlike provinces, Sicily and Asia.
The Finances and Public Buildings
An approximate measure of the condition of Roman finance at this period is furnished, in the absence of definite statements, first of all by the public buildings. In the first decades of this epoch these were prosecuted on the greatest scale, and the construction of roads in particular had at no time been so energetically pursued. In Italy the great southern highway of presumably earlier origin, which as a prolongation of the Appian road ran from Rome by way of Capua, Beneventum, and Venusia to the ports of Tarentum and Brundisium, had attached to it a branch-road from Capua to the Sicilian straits, a work of Publius Popillius, consul in 622. On the east coast, where hitherto only the section from Fanum to Ariminum had been constructed as part of the Flaminian highway (ii. 229), the coast road was prolonged southward as far as Brundisium, northward by way of Atria on the Po as far as Aquileia, and the portion at least from Ariminum to Atria was formed by the Popillius just mentioned in the same year. The two great Etruscan highways-- the coast or Aurelian road from Rome to Pisa and Luna, which was in course of formation in 631, and the Cassian road leading by way of Sutrium and Clusium to Arretium and Florentia, which seems not to have been constructed before 583--may as Roman public highways belong only to this age. About Rome itself new projects were not required; but the Mulvian bridge (Ponte Molle), by which the Flaminian road crossed the Tiber not far from Rome, was in 645 reconstructed of stone. Lastly in Northern Italy, which hitherto had possessed no other artificial road than the Flaminio-Aemilian terminating at Placentia, the great Postumian road was constructed in 606, which led from Genua by way of Dertona, where probably a colony was founded at the same time, and onward by way of Placentia, where it joined the Flaminio-Aemilian road, and of Cremona and Verona to Aquileia, and thus connected the Tyrrhenian and Adriatic seas; to which was added the communication established in 645 by Marcus Aemilius Scaurus between Luna and Genua, which connected the Postumian road directly with Rome. Gaius Gracchus exerted himself in another way for the improvement of the Italian roads. He secured the due repair of the great rural roads by assigning, on occasion of his distribution of lands, pieces of ground alongside of the roads, to which was attached the obligation of keeping them in repair as an heritable burden. To him, moreover, or at any rate to the allotment-commission, the custom of erecting milestones appears to be traceable, as well as that of marking the limits of fields by regular boundary-stones. Lastly he provided for good -viae vicinales-, with the view of thereby promoting agriculture. But of still greater moment was the construction of the imperial highways in the provinces, which beyond doubt began in this epoch. The Domitian highway after long preparations(16) furnished a secure land-route from Italy to Spain, and was closely connected with the founding of Aquae Sextiae and Narbo;(17) the Gabinian(18) and the Egnatian (19) led from the principal places on the east coast of the Adriatic sea--the former from Salona, the latter from Apollonia and Dyrrhachium--into the interior; the network of roads laid out by Manius Aquillius immediately after the erection of the Asiatic province in 625 led from the capital Ephesus in different directions towards the frontier. Of the origin of these works no mention is to be found in the fragmentary tradition of this epoch, but they were nevertheless undoubtedly connected with the consolidation of the Roman rule in Gaul, Dalmatia, Macedonia, and Asia Minor, and came to be of the greatest importance for the centralization of the state and the civilizing of the subjugated barbarian districts.
In Italy at least great works of drainage were prosecuted as well as the formation of roads. In 594 the drying of the Pomptine marshes--a vital matter for Central Italy--was set about with great energy and at least temporary success; in 645 the draining of the low-lying lands between Parma and Placentia was effected in connection with the construction of the north Italian highway. Moreover, the government did much for the Roman aqueducts, as indispensable for the health and comfort of the capital as they were costly. Not only were the two that had been in existence since the years 442 and 492--the Appian and the Anio aqueducts-- thoroughly repaired in 610, but two new ones were formed; the Marcian in 610, which remained afterwards unsurpassed for the excellence and abundance of the water, and the Tepula as it was called, nineteen years later. The power of the Roman exchequer to execute great operations by means of payments in pure cash without making use of the system of credit, is very clearly shown by the way in which the Marcian aqueduct was created: the sum required for it of 180,000,000 sesterces (in gold nearly 2,000,000 pounds) was raised and applied within three years. This leads us to infer a very considerable reserve in the treasury: in fact at the very beginning of this period it amounted to almost 860,000 pounds,(20) and was doubtless constantly on the increase.
All these facts taken together certainly lead to the inference that the position of the Roman finances at this epoch was on the whole favourable. Only we may not in a financial point of view overlook the fact that, while the government during the two earlier thirds of this period executed splendid and magnificent buildings, it neglected to make other outlays at least as necessary. We have already indicated how unsatisfactory were its military provisions; the frontier countries and even the valley of the Po(21) were pillaged by barbarians, and bands of robbers made havoc in the interior even of Asia Minor, Sicily, and Italy. The fleet even was totally neglected; there was hardly any longer a Roman vessel of war; and the war-vessels, which the subject cities were required to build and maintain, were not sufficient, so that Rome was not only absolutely unable to carry on a naval war, but was not even in a position to check the trade of piracy. In Rome itself a number of the most necessary improvements were left untouched, and the river- buildings in particular were singularly neglected. The capital still possessed no other bridge over the Tiber than the primitive wooden gangway, which led over the Tiber island to the Janiculum; the Tiber was still allowed to lay the streets every year under water, and to demolish houses and in fact not unfrequently whole districts, without anything being done to strengthen the banks; mighty as was the growth of transmarine commerce, the roadstead of Ostia--already by nature bad--was allowed to become more and more sanded up. A government, which under the most favourable circumstances and in an epoch of forty years of peace abroad and at home neglected such duties, might easily allow taxes to fall into abeyance and yet obtain an annual surplus of income over expenditure and a considerable reserve; but such a financial administration by no means deserves commendation for its mere semblance of brilliant results, but rather merits the same censure-- in respect of laxity, want of unity in management, mistaken flattery of the people--as falls to be brought in every other sphere of political life against the senatorial government of this epoch.
The Finances in the Revolution
The financial condition of Rome of course assumed a far worse aspect, when the storms of revolution set in. The new and, even in a mere financial point of view, extremely oppressive burden imposed upon the state by the obligation under which Gaius Gracchus placed it to furnish corn at nominal rates to the burgesses of the capital, was certainly counterbalanced at first by the newly-opened sources of income in the province of Asia. Nevertheless the public buildings seem from that time to have almost come to a standstill. While the public works which can be shown to have been constructed from the battle of Pydna down to the time of Gaius Gracchus were numerous, from the period after 632 there is scarcely mention of any other than the projects of bridges, roads, and drainage which Marcus Aemilius Scaurus organized as censor in 645. It must remain a moot point whether this was the effect of the largesses of grain or, as is perhaps more probable, the consequence of the system of increased savings, such as befitted a government which became daily more and more a rigid oligarchy, and such as is indicated by the statement that the Roman reserve reached its highest point in 663. The terrible storm of insurrection and revolution, in combination with the five years' deficit of the revenues of Asia Minor, was the first serious trial to which the Roman finances were subjected after the Hannibalic war: they failed to sustain it. Nothing perhaps so clearly marks the difference of the times as the circumstance that in the Hannibalic war it was not till the tenth year of the struggle, when the burgesses were almost sinking under taxation, that the reserve was touched;(22) whereas the Social war was from the first supported by the balance in hand, and when this was expended after two campaigns to the last penny, they preferred to sell by auction the public sites in the capital(23) and to seize the treasures of the temples(24) rather than levy a tax on the burgesses. The storm however, severe as it was, passed over; Sulla, at the expense doubtless of enormous economic sacrifices imposed on the subjects and Italian revolutionists in particular, restored order to the finances and, by abolishing the largesses of corn and retaining although in a reduced form the Asiatic revenues, secured for the commonwealth a satisfactory economic condition, at least in the sense of the ordinary expenditure remaining far below the ordinary income.
Private Economics Agriculture
In the private economics of this period hardly any new feature emerges; the advantages and disadvantages formerly set forth as incident to the social circumstances of Italy(25) were not altered, but merely farther and more distinctly developed. In agriculture we have already seen that the growing power of Roman capital was gradually absorbing the intermediate and small landed estates in Italy as well as in the provinces, as the sun sucks up the drops of rain. The government not only looked on without preventing, but even promoted this injurious division of the soil by particular measures, especially by prohibiting the production of wine and oil beyond the Alps with a view to favour the great Italian landlords and merchants.(26) It is true that both the opposition and the section of the conservatives that entered into ideas of reform worked energetically to counteract the evil; the two Gracchi, by carrying out the distribution of almost the whole domain land, gave to the state 80,000 new Italian farmers; Sulla, by settling 120,000 colonists in Italy, filled up at least in part the gaps which the revolution and he himself had made in the ranks of the Italian yeomen. But, when a vessel is emptying itself by constant efflux, the evil is to be remedied not by pouring in even considerable quantities, but only by the establishment of a constant influx-- a remedy which was on various occasions attempted, but not with success. In the provinces, not even the smallest effort was made to save the farmer class there from being bought out by the Roman speculators; the provincials, forsooth, were merely men, and not a party. The consequence was, that even the rents of the soil beyond Italy flowed more and more to Rome. Moreover the plantation- system, which about the middle of this epoch had already gained the ascendant even in particular districts of Italy, such as Etruria, had, through the co-operation of an energetic and methodical management and abundant pecuniary resources, attained to a state of high prosperity after its kind. The production of Italian wine in particular, which was artificially promoted partly by the opening of forced markets in a portion of the provinces, partly by the prohibition of foreign wines in Italy as expressed for instance in the sumptuary law of 593, attained very considerable results: the Aminean and Falernian wine began to be named by the side of the Thasian and Chian, and the "Opimian wine" of 633, the Roman vintage "Eleven," was long remembered after the last jar was exhausted.
Trades
Of trades and manufactur es there is nothing to be said, except that the Italian nation in this respect persevered in an inaction bordering on barbarism. They destroyed the Corinthian factories, the depositories of so many valuable industrial traditions--not however that they might establish similar factories for themselves, but that they might buy up at extravagant prices such Corinthian vases of earthenware or copper and similar "antique works" as were preserved in Greek houses. The trades that were still somewhat prosperous, such as those connected with building, were productive of hardly any benefit for the commonwealth, because here too the system of employing slaves in every more considerable undertaking intervened: in the construction of the Marcian aqueduct, for instance, the government concluded contracts for building and materials simultaneously with 3000 master-tradesmen, each of whom then performed the work contracted for with his band of slaves.
Money-Dealing and Commerce
The most brilliant, or rather the only brilliant, side of Roman private economics was money-dealing and commerce. First of all stood the leasing of the domains and of the taxes, through which a large, perhaps the larger, part of the income of the Roman state flowed into the pockets of the Roman capitalists. The money- dealings, moreover, throughout the range of the Roman state were monopolized by the Romans; every penny circulated in Gaul, it is said in a writing issued soon after the end of this period, passes through the books of the Roman merchants, and so it was doubtless everywhere. The co-operation of rude economic conditions and of the unscrupulous employment of Rome's political ascendency for the benefit of the private interests of every wealthy Roman rendered a usurious system of interest universal, as is shown for example by the treatment of the war-tax imposed by Sulla on the province of Asia in 670, which the Roman capitalists advanced; it swelled with paid and unpaid interest within fourteen years to sixfold its original amount. The communities had to sell their public buildings, their works of art and jewels, parents had to sell their grown-up children, in order to meet the claims of the Roman creditor: it was no rare occurrence for the debtor to be not merely subjected to moral torture, but directly placed upon the rack. To these sources of gain fell to be added the wholesale traffic. The exports and imports of Italy were very considerable. The former consisted chiefly of wine and oil, with which Italy and Greece almost exclusively--for the production of wine in the Massiliot and Turdetanian territories can at that time have been but small-- supplied the whole region of the Mediterranean; Italian wine was sent in considerable quantities to the Balearic islands and Celtiberia, to Africa, which was merely a corn and pasture country, to Narbo and into the interior of Gaul. Still more considerable was the import to Italy, where at that time all luxury was concentrated, and whither most articles of luxury for food, drink, or clothing, ornaments, books, household furniture, works of art were imported by sea. The traffic in slaves, above all, received through the ever-increasing demand of the Roman merchants an impetus to which no parallel had been known in the region of the Mediterranean, and which stood in the closest connection with the flourishing of piracy. All lands and all nations were laid under contribution for slaves, but the places where they were chiefly captured were Syria and the interior of Asia Minor.(27)
Ostia Puteoli
In Italy the transmarine imports were chiefly concentrated in the two great emporia on the Tyrrhene sea, Ostia and Puteoli. The grain destined for the capital was brought to Ostia, which was far from having a good roadstead, but, as being the nearest port to Rome, was the most appropriate mart for less valuable wares; whereas the traffic in luxuries with the east was directed mainly to Puteoli, which recommended itself by its good harbour for ships with valuable cargoes, and presented to merchants a market in its immediate neighbourhood little inferior to that of the capital-- the district of Baiae, which came to be more and more filled with villas. For a long time this latter traffic was conducted through Corinth and after its destruction through Delos, and in this sense accordingly Puteoli is called by Lucilius the Italian "Little Delos"; but after the catastrophe which befel Delos in the Mithradatic war,(28) and from which it never recovered, the Puteolans entered into direct commercial connections with Syria and Alexandria, and their city became more and more decidedly the first seat of transmarine commerce in Italy. But it was not merely the gain which was made by the Italian exports and imports, that fell mainly to the Italians; at Narbo they competed in the Celtic trade with the Massiliots, and in general it admits of no doubt that the Roman merchants to be met with everywhere, floating or settled, took to themselves the best share of all speculations.
Capitalist Oligarchy
Putting together these phenomena, we recognize as the most prominent feature in the private economy of this epoch the financial oligarchy of Roman capitalists standing alongside of, and on a par with, the political oligarchy. In their hands were united the rents of the soil of almost all Italy and of the best portions of the provincial territory, the proceeds at usury of the capital monopolized by them, the commercial gain from the whole empire, and lastly, a very considerable part of the Roman state-revenue in the form of profits accruing from the lease of that revenue. The daily-increasing accumulation of capital is evident in the rise of the average rate of wealth: 3,000,000 sesterces (30,000 pounds) was now a moderate senatorial, 2,000,000 (20,000 pounds) was a decent equestrian fortune; the property of the wealthiest man of the Gracchan age, Publius Crassus consul in 623 was estimated at 100,000,000 sesterces (1,000,000 pounds). It is no wonder, that this capitalist order exercised a preponderant influence on external policy; that it destroyed out of commercial rivalry Carthage and Corinth(29) as the Etruscans had formerly destroyed Alalia and the Syracusans Caere; that it in spite of the senate upheld the colony of Narbo.(30) It is likewise no wonder, that this capitalist oligarchy engaged in earnest and often victorious competition with the oligarchy of the nobles in internal politics. But it is also no wonder, that ruined men of wealth put themselves at the head of bands of revolted slaves,(31) and rudely reminded the public that the transition is easy from the haunts of fashionable debauchery to the robber's cave. It is no wonder, that that financial tower of Babel, with its foundation not purely economic but borrowed from the political ascendency of Rome, tottered at every serious political crisis nearly in the same way as our very similar fabric of a paper currency. The great financial crisis, which in consequence of the Italo-Asiatic commotions of 664 f. set in upon the Roman capitalist-class, the bankruptcy of the state and of private persons, the general depreciation of landed property and of partnership-shares, can no longer be traced out in detail; but their general nature and their importance are placed beyond doubt by their results--the murder of the praetor by a band of creditors,(32) the attempt to eject from the senate all the senators not free of debt,(33) the renewal of the maximum of interest by Sulla,(34) the cancelling of 75 per cent of all debts by the revolutionary party.(35) The consequence of this system was naturally general impoverishment and depopulation in the provinces, whereas the parasitic population of migratory or temporarily settled Italians was everywhere on the increase. In Asia Minor 80,000 men of Italian origin are said to have perished in one day.(36) How numerous they were in Delos, is evident from the tombstones still extant on the island and from the statement that 20,000 foreigners, mostly Italian merchants, were put to death there by command of Mithradates.(37) In Africa the Italians were so many, that even the Numidian town of Cirta could be defended mainly by them against Jugurtha.(38) Gaul too, it is said, was filled with Roman merchants; in the case of Spain alone--perhaps not accidentally--no statements of this sort are found. In Italy itself, on the other hand, the condition of the free population at this epoch had on the whole beyond doubt retrograded. To this result certainly the civil wars essentially contributed, which, according to statements of a general kind and but littletrustworthy, are alleged to have swept away from 100,000 to 150,000 of the Roman burgesses and 300,000 of the Italian population generally; but still worse was the effect of the economic ruin of the middle class, and of the boundless extent of the mercantile emigration which induced a great portion of the Italian youth to spend their most vigorous years abroad.
A compensation of very dubious value was afforded by the free parasitic Helleno-Oriental population, which sojourned in the capital as diplomatic agents for kings or communities, as physicians, schoolmasters, priests, servants, parasites, and in the myriad employments of sharpers and swindlers, or, as traders and mariners, frequented especially Ostia, Puteoli, and Brundisium. Still more hazardous was the disproportionate increase of the multitude of slaves in the peninsula. The Italian burgesses by the census of 684 numbered 910,000 men capable of bearing arms, to which number, in order to obtain the amount of the free population in the peninsula, those accidentally passed over in the census, the Latins in the district between the Alps and the Po, and the foreigners domiciled in Italy, have to be added, while the Roman burgesses domiciled abroad are to be deducted. It will therefore be scarcely possible to estimate the free population of the peninsula at more than from 6 to 7 millions. If its whole population at this time was equal to that of the present day, we should have to assume accordingly a mass of slaves amounting to 13 or 14 millions. It needs however no such fallacious calculations to render the dangerous tension of this state of things apparent; this is loudly enough attested by the partial servile insurrections, and by the appeal which from the beginning of the revolutions was at the close of every outbreak addressed to the slaves to take up arms against their masters and to fight out their liberty. If we conceive of England with its lords, its squires, and above all its City, but with its freeholders and lessees converted into proletarians, and its labourers and sailors converted into slaves, we shall gain an approximate image of the population of the Italian peninsula in those days.
The economic relations of this epoch are clearly mirrored to us even now in the Roman monetary system. Its treatment shows throughout the sagacious merchant. For long gold and silver stood side by side as general means of payment on such a footing that, while for the purpose of general cash-balances a fixed ratio of value was legally laid down between the two metals,(39) the giving one metal for the other was not, as a rule, optional, but payment was to be in gold or silver according to the tenor of the bond. In this way the great evils were avoided, that are otherwise inevitably associated with the setting up of two precious metals; the severe gold crises--as about 600, for instance, when in consequence of the discovery of the Tauriscan gold-seams(40) gold as compared with silver fell at once in Italy about 33 1/3 per cent--exercised at least no direct influence on the silver money and retail transactions. The nature of the case implied that, the more transmarine traffic extended, gold the more decidedly rose from the second place to the first; and that it did so, is confirmed by the statements as to the balances in the treasury and as to its transactions; but the government was not thereby induced to introduce gold into the coinage. The coining of gold attempted in the exigency of the Hannibalic war(41) had been long allowed to fall into abeyance; the few gold pieces which Sulla struck as regent were scarcely more than pieces coined for the occasion of his triumphal presents. Silver still as before circulated exclusively as actual money; gold, whether it, as was usual, circulated in bars or bore the stamp of a foreign or possibly even of an inland mint, was taken solely by weight. Nevertheless gold and silver were on a par as means of exchange, and the fraudulent alloying of gold was treated in law, like the issuing of spurious silver money, as a monetary offence. They thus obtained the immense advantage of precluding, in the case of the most important medium of payment, even the possibility of monetary fraud and monetary adulteration. Otherwise the coinage was as copious as it was of exemplary purity. After the silver piece had been reduced in the Hannibalic war from 1/72 (42) to 1/84 of a pound,(43) it retained for more than three centuries quite the same weight and the same quality; no alloying took place. The copper money became about the beginning of this period quite restricted to small change, and ceased to be employed as formerly in large transactions; for this reason the -as- was no longer coined after perhaps the beginning of the seventh century, and the copper coinage was confined to the smaller values of a -semis- (1/4 pence) and under, which could not well be represented in silver. The sorts of coins were arranged according to a simple principle, and in the then smallest coin of the ordinary issue--the -quadrans- (1/8 pence)--carried down to the limit of appreciable value. It was a monetary system, which, for the judicious principles on which it was based and for the iron rigour with which they were applied, stands alone in antiquity and has been but rarely paralleled even in modern times.
Yet it had also its weak point. According to a custom, common in all antiquity, but which reached its highest development at Carthage,(44) the Roman government issued along with the good silver -denarii- also -denarii- of copper plated with silver, which had to be accepted like the former and were just a token-money analogous to our paper currency, with compulsory circulation and recourse on the public chest, inasmuch as it also was not entitled to reject the plated pieces. This was no more an official adulteration of the coinage than our manufacture of paper-money, for they practised the thing quite openly; Marcus Drusus proposed in 663, with the view of gaining the means for his largesses of grain, the sending forth of one plated -denarius- for every seven silver ones issuing fresh from the mint; nevertheless this measure not only offered a dangerous handle to private forgery, but designedly left the public uncertain whether it was receiving silver or token money, and to what total amount the latter was in circulation. In the embarrassed period of the civil war and of the great financial crisis they seem to have so unduly availed themselves of plating, that a monetary crisis accompanied the financial one, and the quantity of spurious and really worthless pieces rendered dealings extremely insecure. Accordingly during the Cinnan government an enactment was passed by the praetors and tribunes, primarily by Marcus Marius Gratidianus,(45) for redeeming all the token-money by silver, and for that purpose an assay-office was established. How far the calling-in was accomplished, tradition has not told us; the coining of token-money itself continued to subsist.
As to the provinces, in accordance with the setting aside of gold money on principle, the coining of gold was nowhere permitted, not even in the client-states; so that a gold coinage at this period occurs only where Rome had nothing at all to say, especially among the Celts to the north of the Cevennes and among the states in revolt against Rome; the Italians, for instance, as well as Mithradates Eupator struck gold coins. The government seems to have made efforts to bring the coinage of silver also more and more into its hands, particularly in the west. In Africa and Sardinia the Carthaginian gold and silver money may have remained in circulation even after the fall of the Carthaginian state; but no coinage of precious metals took place there after either the Carthaginian or the Roman standard, and certainly very soon after the Romans took possession, the -denarius- introduced from Italy acquired the predominance in the transactions of the two countries. In Spain and Sicily, which came earlier to the Romans and experienced altogether a milder treatment, silver was no doubt coined under the Roman rule, and indeed in the former country the silver coinage was first called into existence by the Romans and based on the Roman standard;(46) but there exist good grounds for the supposition, that even in these two countries, at least from the beginning of the seventh century, the provincial and urban mints were obliged to restrict their issues to copper small money. Only in Narbonese Gaul the right of coining silver could not be withdrawn from the old-allied and considerable free city of Massilia; and the same was presumably true of the Greek cities in Illyria, Apollonia and Dyrrhachium. But the privilege of these communities to coin money was restricted indirectly by the fact, that the three-quarter -denarius-, which by ordinance of the Roman government was coined both at Massilia and in Illyria, and which had been under the name of -victoriatus- received into the Roman monetary system,(47) was about the middle of the seventh century set aside in the latter; the effect of which necessarily was, that the Massiliot and Illyrian currency was driven out of Upper Italy and only remained in circulation, over and above its native field, perhaps in the regions of the Alps and the Danube. Such progress had thus been made already in this epoch, that the standard of the -denarius- exclusively prevailed in the whole western division of the Roman state; for Italy, Sicily--of which it is as respects the beginning of the next period expressly attested, that no other silver money circulated there but the -denarius---Sardinia, Africa, used exclusively Roman silver money, and the provincial silver still current in Spain as well as the silver money of the Massiliots and Illyrians were at least struck after the standard of the -denarius-.
It was otherwise in the east. Here, where the number of the states coining money from olden times and the quantity of native coin in circulation were very considerable, the -denarius- did not make its way into wider acceptance, although it was perhaps declared a legal tender. On the contrary either the previous monetary standard continued in use, as in Macedonia for instance, which still as a province--although partially adding the names of the Roman magistrates to that of the country--struck its Attic -tetradrachmae- and certainly employed in substance no other money; or a peculiar money-standard corresponding to the circumstances was introduced under Roman authority, as on the institution of the province of Asia, when a new -stater-, the -cistophorus- as it was called, was prescribed by the Roman government and was thenceforth struck by the district- capitals there under Roman superintendence. This essential diversity between the Occidental and Oriental systems of currency came to be of the greatest historical importance: the Romanizing of the subject lands found one of its mightiest levers in the adoption of Roman money, and it was not through mere accident that what we have designated at this epoch as the field of the -denarius- became afterwards the Latin, while the field of the -drachma- became afterwards the Greek, half of the empire. Still at the present day the former field substantially represents the sum of Romanic culture, whereas the latter has severed itself from European civilization.
It is easy to form a general conception of the aspect which under such economic conditions the social relations must have assumed; but to follow out in detail the increase of luxury, of prices, of fastidiousness and frivolity is neither pleasant nor instructive. Extravagance and sensuous enjoyment formed the main object with all, among the parvenus as well as among the Licinii and Metelli; not the polished luxury which is the acme of civilization, but that sort of luxury which had developed itself amidst the decaying Hellenic civilization of Asia Minor and Alexandria, which degraded everything beautiful and significant to the purpose of decoration and studied enjoyment with a laborious pedantry, a precise punctiliousness, rendering it equally nauseous to the man of fresh feeling as to the man of fresh intellect. As to the popular festivals, the importation of transmarine wild beasts prohibited in the time of Cato(48) was, apparently about the middle of this century, formally permitted anew by a decree of the burgesses proposed by Gnaeus Aufidius; the effect of which was, that animal- hunts came into enthusiastic favour and formed a chief feature of the burgess-festivals. Several lions first appeared in the Roman arena about 651, the first elephants about 655; Sulla when praetor exhibited a hundred lions in 661. The same holds true of gladiatorial games. If the forefathers had publicly exhibited representations of great battles, their grandchildren began to do the same with their gladiatorial games, and by means of such leading or state performances of the age to make themselves a laughing-stock to their descendants. What sums were spent on these and on funeral solemnities generally, may be inferred from the testament of Marcus Aemilius Lepidus (consul in 567, 579; 602); he gave orders to his children, forasmuch as the true last honours consisted not in empty pomp but in the remembrance of personal and ancestral services, to expend on his funeral not more than 1,000,000 -asses- (4000 pounds). Luxury was on the increase also as respected buildings and gardens; the splendid town house of the orator Crassus (663), famous especially for the old trees of its garden, was valued with the trees at 6,000,000 sesterces (60,000 pounds), without them at the half; while the value of an ordinary dwelling-house in Rome may be estimated perhaps at 60,000 sesterces (600 pounds).(49) How quickly the prices of ornamental estates increased, is shown by the instance of the Misenian villa, for which Cornelia, the mother of the Gracchi, paid 75,000 sesterces (750 pounds), and Lucius Lucullus, consul in 680, thirty-three times that price. The villas and the luxurious rural and sea- bathing life rendered Baiae and generally the district around the Bay of Naples the El Dorado of noble idleness. Games of hazard, in which the stake was no longer as in the Italian dice-playing a trifle, became common, and as early as 639 a censorial edict was issued against them. Gauze fabrics, which displayed rather than concealed the figure, and silken clothing began to displace the old woollen dresses among women and even among men. Against the insane extravagance in the employment of foreign perfumery the sumptuary laws interfered in vain.
But the real focus in which the brilliance of this genteel life was concentrated was the table. Extravagant prices--as much as 100,000 sesterces (1000 pounds)--were paid for an exquisite cook. Houses were constructed with special reference to this object, and the villas in particular along the coast were provided with salt-water tanks of their own, in order that they might furnish marine fishes and oysters at any time fresh to the table. A dinner was already described as poor, at which the fowls were served up to the guests entire and not merely the choice portions, and at which the guests were expected to eat of the several dishes and not simply to taste them. They procured at a great expense foreign delicacies and Greek wine, which had to be sent round at least once at every respectable repast. At banquets above all the Romans displayed their hosts of slaves ministering to luxury, their bands of musicians, their dancing-girls, their elegant furniture, their carpets glittering with gold or pictorially embroidered, their purple hangings, their antique bronzes, their rich silver plate. Against such displays the sumptuary laws were primarily directed, which were issued more frequently (593, 639, 665, 673) and in greater detail than ever; a number of delicacies and wines were therein totally prohibited, for others a maximum in weight and price was fixed; the quantity of silver plate was likewise restricted by law, and lastly general maximum rates were prescribed for the expenses of ordinary and festal meals; these, for example, were fixed in 593 at 10 and 100 sesterces (2 shillings and 1 pound) in 673 at 30 and 300 sesterces (6 shillings and 3 pounds) respectively. Unfortunately truth requires us to add that, of all the Romans of rank, not more than three--and these not including the legislators themselves--are said to have complied with these imposing laws; and in the case of these three it was the law of the Stoa, and not that of the state, that curtailed the bill of fare.
It is worth while to dwell for a moment on the luxury that went on increasing in defiance of these laws, as respects silver plate. In the sixth century silver plate for the table was, with the exception of the traditionary silver salt-dish, a rarity; the Carthaginian ambassadors jested over the circumstance, that at every house to which they were invited they had encountered the same silver plate.(50) Scipio Aemilianus possessed not more than 32 pounds (120 pounds) in wrought silver; his nephew Quintus Fabius (consul in 633) first brought his plate up to 1000 pounds (4000 pounds), Marcus Drusus (tribune of the people in 663) reached 10,000 pounds (40,000 pounds); in Sulla's time there were already counted in the capital about 150 silver state-dishes weighing 100 pounds each, several of which brought their possessors into the lists of proscription. To judge of the sums expended on these, we must recollect that the workmanship also was paid for at enormous rates; for instance Gaius Gracchus paid for choice articles of silver fifteen times, and Lucius Crassus, consul in 659, eighteen times the value of the metal, and the latter gave for a pair of cups by a noted silversmith 100,000 sesterces (1000 pounds). So it was in proportion everywhere.
How it fared with marriage and the rearing of children, is shown by the Gracchan agrarian laws, which first placed a premium on these.(51) Divorce, formerly in Rome almost unheard of, was now an everyday occurrence; while in the oldest Roman marriage the husband had purchased his wife, it might have been proposed to the Romans of quality in the present times that, with the view of bringing the name into accordance with the reality, they should introduce marriage for hire. Even a man like Metellus Macedonicus, who for his honourable domestic life and his numerous host of children was the admiration of his contemporaries, when censor in 623 enforced the obligation of the burgesses to live in a state of matrimony by describing it as an oppressive public burden, which patriots ought nevertheless to undertake from a sense of duty.(52)
There were, certainly, exceptions. The circles of the rural towns, and particularly those of the larger landholders, had preserved more faithfully the old honourable habits of the Latin nation. In the capital, however, the Catonian opposition had become a mere form of words; the modern tendency bore sovereign sway, and though individuals of firm and refined organization, such as Scipio Aemilianus, knew the art of combining Roman manners with Attic culture, Hellenism was among the great multitude synonymous with intellectual and moral corruption. We must never lose sight of the reaction exercised by these social evils on political life, if we would understand the Roman revolution. It was no matter of indifference, that of the two men of rank, who in 662 acted as supreme masters of morals to the community, the one publicly reproached the other with having shed tears over the death of a -muraena- the pride of his fishpond, and the latter retaliated on the former that he had buried three wives and had shed tears over none of them. It was no matter of indifference, that in 593 an orator could make sport in the open Forum with the following description of a senatorial civil juryman, whom the time fixed for the cause finds amidst the circle of his boon-companions. "They play at hazard, delicately perfumed, surrounded by their mistresses. As the afternoon advances, they summon the servant and bid him make enquiries on the Comitium, as to what has occurred in the Forum, who has spoken in favour of or against the new project of law, what tribes have voted for and what against it. At length they go themselves to the judgment-seat, just early enough not to bring the process down on their own neck. On the way there is no opportunity in any retired alley which they do not avail themselves of, for they have gorged themselves with wine. Reluctantly they come to the tribunal and give audience to the parties. Those who are concerned bring forward their cause. The juryman orders the witnesses to come forward; he himself steps aside. When he returns, he declares that he has heard everything, and asks for the documents. He looks into the writings; he can hardly keep his eyes open for wine. When he thereupon withdraws to consider his sentence, he says to his boon-companions, 'What concern have I with these tiresome people? why should we not rather go to drink a cup of mulse mixed with Greek wine, and accompany it with a fat fieldfare and a good fish, a veritable pike from the Tiber island?' Those who heard the orator laughed; but was it not a very serious matter, that such things were subjects for laughter?"
XII. Nationality, Religion, and Education
Paramount Ascendency of Latinism and Hellenism
In the great struggle of the nationalities within the wide circuit of the Roman empire, the secondary nations seem at this period on the wane or disappearing. The most important of them all, the Phoenician, received through the destruction of Carthage a mortal wound from which it slowly bled to death. The districts of Italy which had hitherto preserved their old language and manners, Etruria and Samnium, were not only visited by the heaviest blows of the Sullan reaction, but were compelled also by the political levelling of Italy to adopt the Latin language and customs in public intercourse, so that the old native languages were reduced to popular dialects rapidly decaying. There no longer appears throughout the bounds of the Roman state any nationality entitled even to compete with the Roman and the Greek.
Latinism
On the other hand the Latin nationality was, as respected both the extent of its diffusion and the depth of its hold, in the most decided ascendant. As after the Social war any portion of Italian soil might belong to any Italian in full Roman ownership, and any god of an Italian temple might receive Roman gifts; as in all Italy, with the exception of the region beyond the Po, the Roman law thenceforth had exclusive authority, superseding all other civic and local laws; so the Roman language at that time became the universal language of business, and soon likewise the universal language of cultivated intercourse, in the whole peninsula from the Alps to the Sicilian Straits. But it no longer restricted itself to these natural limits. The mass of capital accumulating in Italy, the riches of its products, the intelligence of its agriculturists, the versatility of its merchants, found no adequate scope in the peninsula; these circumstances and the public service carried the Italians in great numbers to the provinces.(1) Their privileged position there rendered the Roman language and the Roman law privileged also, even where Romans were not merely transacting business with each other.(2) Everywhere the Italians kept together as compact and organized masses, the soldiers in their legions, the merchants of every larger town as special corporations, the Roman burgesses domiciled or sojourning in the particular provincial court-district as "circuits" (-conventus civium Romanorum-) with their own list of jurymen and in some measure with a communal constitution; and, though these provincial Romans ordinarily returned sooner or later to Italy, they nevertheless gradually laid the foundations of a fixed population in the provinces, partly Roman, partly mixed, attaching itself to the Roman settlers. We have already mentioned that it was in Spain, where the Roman army first became a standing one, that distinct provincial towns with Italian constitution were first organized--Carteia in 583,(3) Valentia in 616,(4) and at a later date Palma and Pollentia.(5) Although the interior was still far from civilized,--the territory of the Vaccaeans, for instance, being still mentioned long after this time as one of the rudest and most repulsive places of abode for the cultivated Italian--authors and inscriptions attest that as early as the middle of the seventh century the Latin language was in common use around New Carthage and elsewhere along the coast. Gracchus first distinctly developed the idea of colonizing, or in other words of Romanizing, the provinces of the Roman state by Italian emigration, and endeavoured to carry it out; and, although the conservative opposition resisted the bold project, destroyed for the most part its attempted beginnings, and prevented its continuation, yet the colony of Narbo was preserved, important even of itself as extending the domain of the Latin tongue, and far more important still as the landmark of a great idea, the foundation- stone of a mighty structure to come. The ancient Gallic, and in fact the modern French, type of character, sprang out of that settlement, and are in their ultimate origin creations of Gaius Gracchus. But the Latin nationality not only filled the bounds of Italy and began to pass beyond them; it came also to acquire intrinsically a deeper intellectual basis. We find it in the course of creating a classical literature, and a higher instruction of its own; and, though in comparison with the Hellenic classics and Hellenic culture we may feel ourselves tempted to attach little value to the feeble hothouse products of Italy, yet, so far as its historical development was primarily concerned, the quality of the Latin classical literature and the Latin culture was of far less moment than the fact that they subsisted side by side with the Greek; and, sunken as were the contemporary Hellenes in a literary point of view, one might well apply in this case also the saying of the poet, that the living day-labourer is better than the dead Achilles.
Hellenism
But, however rapidly and vigorously the Latin language and nationality gain ground, they at the same time recognize the Hellenic nationality as having an entirely equal, indeed an earlier and better title, and enter everywhere into the closest alliance with it or become intermingled with it in a joint development. The Italian revolution, which otherwise levelled all the non-Latin nationalities in the peninsula, did not disturb the Greek cities of Tarentum, Rhegium, Neapolis, Locri.(6) In like manner Massilia, although now enclosed by Roman territory, remained continuously a Greek city and, just as such, firmly connected with Rome. With the complete Latinizing of Italy the growth of Hellenizing went hand in hand. In the higher circles of Italian society Greek training became an integral element of their native culture. The consul of 623, the -pontifex maximus- Publius Crassus, excited the astonishment even of the native Greeks, when as governor of Asia he delivered his judicial decisions, as the case required, sometimes in ordinary Greek, sometimes in one of the four dialects which had become written languages. And if the Italian literature and art for long looked steadily towards the east, Hellenic literature and art now began to look towards the west. Not only did the Greek cities in Italy continue to maintain an active intellectual intercourse with Greece, Asia Minor, and Egypt, and confer on the Greek poets and actors who had acquired celebrity there the like recognition and the like honours among themselves; in Rome also, after the example set by the destroyer of Corinth at his triumph in 608, the gymnastic and aesthetic recreations of the Greeks-- competitions in wrestling as well as in music, acting, reciting, and declaiming--came into vogue.(7) Greek men of letters even thus early struck root in the noble society of Rome, especially in the Scipionic circle, the most prominent Greek members of which--the historian Polybius and the philosopher Panaetius--belong rather to the history of Roman than of Greek development. But even in other less illustrious circles similar relations occur; we may mention another contemporary of Scipio, the philosopher Clitomachus, because his life at the same time presents a vivid view of the great intermingling of nations at this epoch. A native of Carthage, then a disciple of Carneades at Athens, and afterwards his successor in his professorship, Clitomachus held intercourse from Athens with the most cultivated men of Italy, the historian Aulus Albinus and the poet Lucilius, and dedicated on the one hand a scientific work to Lucius Censorinus the Roman consul who opened the siege of Carthage, and on the other hand a philosophic consolatory treatise to his fellow-citizens who were conveyed to Italy as slaves. While Greek literary men of note had hitherto taken up their abode temporarily in Rome as ambassadors, exiles, or otherwise, they now began to settle there; for instance, the already-mentioned Panaetius lived in the house of Scipio, and the hexameter-maker Archias of Antioch settled at Rome in 652 and supported himself respectably by the art of improvising and by epic poems on Roman consulars. Even Gaius Marius, who hardly understood a line of his -carmen- and was altogether as ill adapted as possible for a Maecenas, could not avoid patronizing the artist in verse. While intellectual and literary life thus brought the more genteel, if not the purer, elements of the two nations into connection with each other, on the other hand the arrival of troops of slaves from Asia Minor and Syria and the mercantile immigration from the Greek and half-Greek east brought the coarsest strata of Hellenism--largely alloyed with Oriental and generally barbaric ingredients--into contact with the Italian proletariate, and gave to that also a Hellenic colouring. The remark of Cicero, that new phrases and new fashions first make their appearance in maritime towns, probably had a primary reference to the semi-Hellenic character of Ostia, Puteoli, and Brundisium, where with foreign wares foreign manners also first found admission and became thence more widely diffused.
Mixture of Peoples
The immediate result of this complete revolution in the relations of nationality was certainly far from pleasing. Italy swarmed with Greeks, Syrians, Phoenicians, Jews, Egyptians, while the provinces swarmed with Romans; sharply defined national peculiarities everywhere came into mutual contact, and were visibly worn off; it seemed as if nothing was to be left behind but the general impress of utilitarianism. What the Latin character gained in diffusion it lost in freshness; especially in Rome itself, where the middle class disappeared the soonest and most entirely, and nothing was left but the grandees and the beggars, both in like measure cosmopolitan. Cicero assures us that about 660 the general culture in the Latin towns stood higher than in Rome; and this is confirmed by the literature of this period, whose most pleasing, healthiest, and most characteristic products, such as the national comedy and the Lucilian satire, are with greater justice described as Latin, than as Roman. That the Italian Hellenism of the lower orders was in reality nothing but a repulsive cosmopolitanism tainted at once with all the extravagances of culture and with a superficially whitewashed barbarism, is self-evident; but even in the case of the better society the fine taste of the Scipionic circle did not remain the permanent standard. The more the mass of society began to take interest in Greek life, the more decidedly it resorted not to the classical literature, but to the most modern and frivolous productions of the Greek mind; instead of moulding the Roman character in the Hellenic spirit, they contented themselves with borrowing that sort of pastime which set their own intellect to work as little as possible. In this sense the Arpinate landlord Marcus Cicero, the father of the orator, said that among the Romans, just as among Syrian slaves, each was the less worth, the more he understood Greek.
National Decomposition
This national decomposition is, like the whole age, far from pleasing, but also like that age significant and momentous. The circle of peoples, which we are accustomed to call the ancient world, advances from an outward union under the authority of Rome to an inward union under the sway of the modern culture resting essentially on Hellenic elements. Over the ruins of peoples of the second rank the great historical compromise between the two ruling nations is silently completed; the Greek and Latin nationalities conclude mutual peace. The Greeks renounce exclusive claims for their language in the field of culture, as do the Romans for theirs in the field of politics; in instruction Latin is allowed to stand on a footing of equality--restricted, it is true, and imperfect-- with Greek; on the other hand Sulla first allows foreign ambassadors to speak Greek before the Roman senate without an interpreter. The time heralds its approach, when the Roman commonwealth will pass into a bilingual state and the true heir of the throne and the ideas of Alexander the Great will arise in the west, at once a Roman and a Greek.
The suppression of the secondary, and the mutual interpenetration of the two primary nationalities, which are thus apparent on a general survey of national relations, now fall to be more precisely exhibited in detail in the several fields of religion, national education, literature, and art.
Religion
The Roman religion was so intimately interwoven with the Roman commonwealth and the Roman household--so thoroughly in fact the pious reflection of the Roman burgess-world--that the political and social revolution necessarily overturned also the fabric of religion. The ancient Italian popular faith fell to the ground; over its ruins rose--like the oligarchy and the -tyrannis- rising over the ruins of the political commonwealth--on the one side unbelief, state-religion, Hellenism, and on the other side superstition, sectarianism, the religion of the Orientals, The germs certainly of both, as indeed the germs of the politico-social revolution also, may be traced back to the previous epoch (iii. 109-117). Even then the Hellenic culture of the higher circles was secretly undermining their ancestral faith; Ennius introduced the allegorizing and historical versions of the Hellenic religion into Italy; the senate, which subdued Hannibal, had to sanction the transference of the worship of Cybele from Asia Minor to Rome, and to take the most serious steps against other still worse superstitions, particularly the Bacchanalian scandal. But, as during the preceding period the revolution generally was rather preparing its way in men's minds than assuming outward shape, so the religious revolution was in substance, at any rate, the work only of the Gracchan and Sullan age.
Greek Philosophy
Let us endeavour first to trace the tendency associating itself with Hellenism. The Hellenic nation, which bloomed and faded far earlier than the Italian, had long ago passed the epoch of faith and thenceforth moved exclusively in the sphere of speculation and reflection; for long there had been no religion there--nothing but philosophy. But even the philosophic activity of the Hellenic mind had, when it began to exert influence on Rome, already left the epoch of productive speculation far behind it, and had arrived at the stage at which there is not only no origination of truly new systems, but even the power of apprehending the more perfect of the older systems begins to wane and men restrict themselves to the repetition, soon passing into the scholastic tradition, of the less complete dogmas of their predecessors; at that stage, accordingly, when philosophy, instead of giving greater depth and freedom to the mind, rather renders it shallow and imposes on it the worst of all chains--chains of its own forging. The enchanted draught of speculation, always dangerous, is, when diluted and stale, certain poison. The contemporary Greeks presented it thus flat and diluted to the Romans, and these had not the judgment either to refuse it or to go back from the living schoolmasters to the dead masters. Plato and Aristotle, to say nothing of the sages before Socrates, remained without material influence on the Roman culture, although their illustrious names were freely used, and their more easily understood writings were probably read and translated. Accordingly the Romans became in philosophy simply inferior scholars of bad teachers.
Leading Schools Newer Academy Epicurus and Zeno
Besides the historico-rationalistic conception of religion, which resolved the myths into biographies of various benefactors of the human race living in the grey dawn of early times whom superstition had transformed into gods, or Euhemerism as it was called,(8) there were chiefly three philosophical schools that came to be of importance for Italy; viz. the two dogmatic schools of Epicurus (484) and Zeno (491) and the sceptical school of Arcesilaus (513) and Carneades (541-625), or, to use the school-names, Epicureanism, the Stoa, and the newer Academy. The last of these schools, which started from the impossibility of assured knowledge and in its stead conceded as possible only a provisional opinion sufficient for practical needs, presented mainly a polemical aspect, seeing that it caught every proposition of positive faith or of philosophic dogmatism in the meshes of its dilemmas. So far it stands nearly on a parallel with the older method of the sophists; except that, as may be conceived, the sophists made war more against the popular faith, Carneades and his disciples more against their philosophical colleagues. On the other hand Epicurus and Zeno agreed both in their aim of rationally explaining the nature of things, and in their physiological method, which set out from the conception of matter. They diverged, in so far as Epicurus, following the atomic theory of Democritus, conceived the first principle as rigid matter, and evolved the manifoldness of things out of this matter merely by mechanical variations; whereas Zeno, forming his views after the Ephesian Heraclitus, introduces even into his primordial matter a dynamic antagonism and a movement of fluctuation up and down. From this are derived the further distinctions--that in the Epicurean system the gods as it were did not exist or were at the most a dream of dreams, while the Stoical gods formed the ever-active soul of the world, and were as spirit, as sun, as God powerful over the body, the earth, and nature; that Epicurus did not, while Zeno did, recognize a government of the world and a personal immortality of the soul; that the proper object of human aspiration was according to Epicurus an absolute equilibrium disturbed neither by bodily desire nor by mental conflict, while it was according to Zeno a manly activity always increased by the constant antagonistic efforts of the mind and body, and striving after a harmony with nature perpetually in conflict and perpetually at peace. But in one point all these schools were agreed with reference to religion, that faith as such was nothing, and had necessarily to be supplemented by reflection-- whether this reflection might consciously despair of attaining any result, as did the Academy; or might reject the conceptions of the popular faith, as did the school of Epicurus; or might partly retain them with explanation of the reasons for doing so, and partly modify them, as did the Stoics.
Carneades at Rome
It was accordingly only a natural result, that the first contact of Hellenic philosophy with the Roman nation equally firm in faith and adverse to speculation should be of a thoroughly hostile character. The Roman religion was entirely right in disdaining alike the assaults and the reasoned support of these philosophical systems, both of which did away with its proper character. The Roman state, which instinctively felt itself assailed when religion was attacked, reasonably assumed towards the philosophers the attitude which a fortress assumes towards the spies of the army advancing to besiege it, and as early as 593 dismissed the Greek philosophers along with the rhetoricians from Rome. In fact the very first debut of philosophy on a great scale in Rome was a formal declaration of war against faith and morals. It was occasioned by the occupation of Oropus by the Athenians, a step which they commissioned three of the most esteemed professors of philosophy, including Carneades the master of the modern sophistical school, to justify before the senate (599). The selection was so far appropriate, as the utterly scandalous transaction defied any justification in common sense; whereas it was quite in keeping with the circumstances of the case, when Carneades proved by thesis and counter-thesis that exactly as many and as cogent reasons might be adduced in praise of injustice as in praise of justice, and when he showed in the best logical form that with equal propriety the Athenians might be required to surrender Oropus and the Romans to confine themselves once more to their old straw huts on the Palatine. The young men who were masters of the Greek language were attracted in crowds by the scandal as well as by the rapid and emphatic delivery of the celebrated man; but on this occasion at least Cato could not be found fault with, when he not only bluntly enough compared the dialectic arguments of the philosophers to the tedious dirges of the wailing-women, but also insisted on the senate dismissing a man who understood the art of making right wrong and wrong right, and whose defence was in fact nothing but a shameless and almost insulting confession of wrong. But such dismissals had no great effect, more especially as the Roman youth could not be prevented from hearing philosophic discourses at Rhodes and Athens. Men became accustomed first to tolerate philosophy at least as a necessary evil, and ere long to seek for the Roman religion, which in its simplicity was no longer tenable, a support in foreign philosophy--a support which no doubt ruined it as faith, but in return at any rate allowed the man of culture decorously to retain in some measure the names and forms of the popular creed. But this support could neither be Euhemerism, nor the system of Carneades or of Epicurus.
Euhemerism Not an Adequate Support
The historical version of the myths came far too rudely into collision with the popular faith, when it declared the gods directly to be men; Carneades called even their existence in question, and Epicurus denied to them at least any influence on the destinies of men. Between these systems and the Roman religion no alliance was possible; they were proscribed and remained so. Even in the writings of Cicero it is declared the duty of a citizen to resist Euhemerism as prejudicial to religious worship; and if the Academic and the Epicurean appear in his dialogues, the former has to plead the excuse that, while as a philosopher he is a disciple of Carneades, as a citizen and -pontifex- he is an orthodox confessor of the Capitoline Jupiter, and the Epicurean has even ultimately to surrender and be converted. No one of these three systems became in any proper sense popular. The plain intelligible character of Euhemerism exerted doubtless a certain power of attraction over the Romans, and in particular produced only too deep an effect on the conventional history of Rome with its at once childish and senile conversion of fable into history; but it remained without material influence on the Roman religion, because the latter from the first dealt only in allegory and not in fable, and it was not possible in Rome as in Hellas to write biographies of Zeus the first, second, and third. The modern sophistry could only succeed where, as in Athens, clever volubility was indigenous, and where, moreover, the long series of philosophical systems that had come and gone had accumulated huge piles of intellectual rubbish. Against the Epicurean quietism, in fine, everything revolted that was sound and honest in the Roman character so thoroughly addressing itself to action. Yet it found more partisans than Euhemerism and the sophistic school, and this was probably the reason why the police continued to wage war against it longest and most seriously. But this Roman Epicureanism was not so much a philosophic system as a sort of philosophic mask, under which--very much against the design of its strictly moral founder-- thoughtless sensual enjoyment disguised itself for good society; one of the earliest adherents of this sect, for instance, Titus Albucius, figures in the poems of Lucilius as the prototype of a Roman Hellenizing to bad purpose.
Roman Stoa
Far different were the position and influence of the Stoic philosophy in Italy. In direct contrast to these schools it attached itself to the religion of the land as closely as science can at all accommodate itself to faith. To the popular faith with its gods and oracles the Stoic adhered on principle, in so far as he recognized in it an instinctive knowledge, to which scientific knowledge was bound to have regard and even in doubtful cases to subordinate itself. He believed in a different way from the people rather than in different objects; the essentially true and supreme God was in his view doubtless the world-soul, but every manifestation of the primitive God was in its turn divine, the stars above all, but also the earth, the vine, the soul of the illustrious mortal whom the people honoured as a hero, and in fact every departed spirit of a former man. This philosophy was really better adapted for Rome than for the land where it first arose. The objection of the pious believer, that the god of the Stoic had neither sex nor age nor corporeality and was converted from a person into a conception, had a meaning in Greece, but not in Rome. The coarse allegorizing and moral purification, which were characteristic of the Stoical doctrine of the gods, destroyed the very marrow of the Hellenic mythology; but the plastic power of the Romans, scanty even in their epoch of simplicity, had produced no more than a light veil enveloping the original intuition or the original conception, out of which the divinity had arisen--a veil that might be stripped off without special damage. Pallas Athene might be indignant, when she found herself suddenly transmuted into the conception of memory: Minerva had hitherto been in reality not much more. The supernatural Stoic, and the allegoric Roman, theology coincided on the whole in their result. But, even if the philosopher was obliged to designate individual propositions of the priestly lore as doubtful or as erroneous--as when the Stoics, for example, rejecting the doctrine of apotheosis, saw in Hercules, Castor, and Pollux nothing but the spirits of distinguished men, or as when they could not allow the images of the gods to be regarded as representations of divinity--it was at least not the habit of the adherents of Zeno to make war on these erroneous doctrines and to overthrow the false gods; on the contrary, they everywhere evinced respect and reverence for the religion of the land even in its weaknesses. The inclination also of the Stoa towards a casuistic morality and towards a systematic treatment of the professional sciences was quite to the mind of the Romans, especially of the Romans of this period, who no longer like their fathers practised in unsophisticated fashion self-government and good morals, but resolved the simple morality of their ancestors into a catechism of allowable and non-allowable actions; whose grammar and jurisprudence, moreover, urgently demanded a methodical treatment, without possessing the ability to develop such a treatment of themselves.
Wide Influence of Stoicism Panaetius
So this philosophy thoroughly incorporated itself, as a plant borrowed no doubt from abroad but acclimatized on Italian soil, with the Roman national economy, and we meet its traces in the most diversified spheres of action. Its earliest appearance beyond doubt goes further back; but the Stoa was first raised to full influence in the higher ranks of Roman society by means of the group which gathered round Scipio Aemilianus. Panaetius of Rhodes, the instructor of Scipio and of all Scipio's intimate friends in the Stoic philosophy, who was constantly in his train and usually attended him even on journeys, knew how to adapt the system to clever men of the world, to keep its speculative side in the background, and to modify in some measure the dryness of the terminology and the insipidity of its moral catechism, more particularly by calling in the aid of the earlier philosophers, among whom Scipio himself had an especial predilection for the Socrates of Xenophon. Thenceforth the most noted statesmen and scholars professed the Stoic philosophy--among others Stilo and Quintus Scaevola, the founders of scientific philology and of scientific jurisprudence. The scholastic formality of system, which thenceforth prevails at least externally in these professional sciences and is especially associated with a fanciful, charade-like, insipid method of etymologizing, descends from the Stoa. But infinitely more important was the new state-philosophy and state-religion, which emanated from the blending of the Stoic philosophy and the Roman religion. The speculative element, from the first impressed with but little energy on the system of Zeno, and still further weakened when that system found admission to Rome--after the Greek schoolmasters had already for a century been busied in driving this philosophy into boys' heads and thereby driving the spirit out of it--fell completely into the shade in Rome, where nobody speculated but the money-changers; little more was said as to the ideal development of the God ruling in the soul of man, or of the divine world-law. The Stoic philosophers showed themselves not insensible to the very lucrative distinction of seeing their system raised into the semi-official Roman state- philosophy, and proved altogether more pliant than from their rigorous principles we should have expected. Their doctrine as to the gods and the state soon exhibited a singular family resemblance to the actual institutions of those who gave them bread; instead of illustrating the cosmopolitan state of the philosopher, they made their meditations turn on the wise arrangement of the Roman magistracies; and while the more refined Stoics such as Panaetius had left the question of divine revelation by wonders and signs open as a thing conceivable but uncertain, and had decidedly rejected astrology, his immediate successors contended for that doctrine of revelation or, in other words, for the Roman augural discipline as rigidly and firmly as for any other maxim of the school, and made extremely unphilosophical concessions even to astrology. The leading feature of the system came more and more to be its casuistic doctrine of duties. It suited itself to the hollow pride of virtue, in which the Romans of this period sought their compensation amidst the various humbling circumstances of their contact with the Greeks; and it put into formal shape a befitting dogmatism of morality, which, like every well-bred system of morals, combined with the most rigid precision as a whole the most complaisant indulgence in the details.(9) Its practical results can hardly be estimated as much more than that, as we have said, two or three families of rank ate poor fare to please the Stoa.
State-Religion
Closely allied to this new state-philosophy--or, strictly speaking, its other side--was the new state-religion; the essential characteristic of which was the conscious retention, for reasons of outward convenience, of the principles of the popular faith, which were recognized as irrational. One of the most prominent men of the Scipionic circle, the Greek Polybius, candidly declares that the strange and ponderous ceremonial of Roman religion was invented solely on account of the multitude, which, as reason had no power over it, required to be ruled by signs and wonders, while people of intelligence had certainly no need of religion. Beyond doubt the Roman friends of Polybius substantially shared these sentiments, although they did not oppose science and religion to each other in so gross and downright a fashion. Neither Laelius nor Scipio Aemilianus can have looked on the augural discipline, which Polybius has primarily in view, as anything else than a political institution; yet the national spirit in them was too strong and their sense of decorum too delicate to have permitted their coming forward in public with such hazardous explanations. But even in the following generation the -pontifex maximus- Quintus Scaevola (consul in 659;(10)) set forth at least in his oral instructions in law without hesitation the propositions, that there were two sorts of religion--one philosophic, adapted to the intellect, and one traditional, not so adapted; that the former was not fitted for the religion of the state, as it contained various things which it was useless or even injurious for the people to know; and that accordingly the traditional religion of the state ought to remain as it stood. The theology of Varro, in which the Roman religion is treated throughout as a state institution, is merely a further development of the same principle. The state, according to his teaching, was older than the gods of the state as the painter is older than the picture; if the question related to making the gods anew, it would certainly be well to make and to name them after a manner more befitting and more in theoretic accordance with the parts of the world-soul, and to lay aside the images of the gods which only excited erroneous ideas,(11) and the mistaken system of sacrifice; but, since these institutions had been once established, every good citizen ought to own and follow them and do his part, that the "common man" might learn rather to set a higher value on, than to contemn, the gods. That the common man, for whose benefit the grandees thus surrendered their judgment, now despised this faith and sought his remedy elsewhere, was a matter of course and will be seen in the sequel. Thus then the Roman "high church" was ready, a sanctimonious body of priests and Levites, and an unbelieving people. The more openly the religion of the land was declared a political institution, the more decidedly the political parties regarded the field of the state-church as an arena for attack and defence; which was especially, in a daily-increasing measure, the case with augural science and with the elections to the priestly colleges. The old and natural practice of dismissing the burgess-assembly, when a thunderstorm came on, had in the hands of the Roman augurs grown into a prolix system of various celestial omens and rules of conduct associated therewith; in the earlier portion of this period it was even directly enacted by the Aelian and Fufian law, that every popular assembly should be compelled to disperse if it should occur to any of the higher magistrates to look for signs of a thunderstorm in the sky; and the Roman oligarchy was proud of the cunning device which enabled them thenceforth by a single pious fraud to impress the stamp of invalidity on any decree of the people.
Priestly Colleges
Conversely, the Roman opposition rebelled against the ancient practice under which the four principal colleges of priests filled up their own ranks when vacancies arose, and demanded the extension of popular election to the stalls themselves, as it had been previously introduced with reference to the presidents, of these colleges.(12) This was certainly inconsistent with the spirit of these corporations; but they had no right to complain of it, after they had become themselves untrue to their spirit, and had played into the hands of the government at its request by furnishing religious pretexts for the annulling of political proceedings. This affair became an apple of contention between the parties: the senate beat off the first attack in 609, on which occasion the Scipionic circle especially turned the scale for the rejection of the proposal; on the other hand the project passed in 650 with the proviso already made in reference to the election of the presidents for the benefit of scrupulous consciences, that not the whole burgesses but only the lesser half of the tribes should make the election;(13) finally Sulla restored the right of co-optation in its full extent.(14)
Practical Use Made of Religion
With this care on the part of the conservatives for the pure national religion, it was of course quite compatible that the circles of the highest rank should openly make a jest of it. The practical side of the Roman priesthood was the priestly cuisine; the augural and pontifical banquets were as it were the official gala-days in the life of a Roman epicure, and several of them formed epochs in the history of gastronomy: the banquet on the accession of the augur Quintus Hortensius for instance brought roast peacocks into vogue. Religion was also found very useful in giving greater zest to scandal. It was a favourite recreation of the youth of quality to disfigure or mutilate the images of the gods in the streets by night.(15) Ordinary love affairs had for long been common, and intrigues with married women began to become so; but an amour with a Vestal virgin was as piquant as the intrigues with nuns and the cloister-adventures in the world of the Decamerone. The scandalous affair of 640 seq. is well known, in which three Vestals, daughters of the noblest families, and their paramours, young men likewise of the best houses, were brought to trial for unchastity first before the pontifical college, and then, when it sought to hush up the matter, before an extraordinary court instituted by special decree of the people, and were all condemned to death. Such scandals, it is true, sedate people could not approve; but there was no objection to men finding positive religion to be a folly in their familiar circle; the augurs might, when one saw another performing his functions, smile in each other's face without detriment to their religious duties. We learn to look favourably on the modest hypocrisy of kindred tendencies, when we compare with it the coarse shamelessness of the Roman priests and Levites. The official religion was quite candidly treated as a hollow framework, now serviceable only for political machinists; in this respect with its numerous recesses and trapdoors it might and did serve either party, as it happened. Most of all certainly the oligarchy recognized its palladium in the state- religion, and particularly in the augural discipline; but the opposite party also made no resistance in point of principle to an institute, which had now merely a semblance of life; they rather regarded it, on the whole, as a bulwark which might pass from the possession of the enemy into their own.
Oriental Religions in Italy
In sharp contrast to this ghost of religion which we have just described stand the different foreign worships, which this epoch cherished and fostered, and which were at least undeniably possessed of a very decided vitality. They meet us everywhere, among genteel ladies and lords as well as among the circles of the slaves, in the general as in the trooper, in Italy as in the provinces. It is incredible to what a height this superstition already reached. When in the Cimbrian war a Syrian prophetess, Martha, offered to furnish the senate with ways and means for the vanquishing of the Germans, the senate dismissed her with contempt; nevertheless the Roman matrons and Marius' own wife in particular despatched her to his head-quarters, where the general readily received her and carried her about with him till the Teutones were defeated. The leaders of very different parties in the civil war, Marius, Octavius, Sulla, coincided in believing omens and oracles. During its course even the senate was under the necessity, in the troubles of 667, of consenting to issue directions in accordance with the fancies of a crazy prophetess. It is significant of the ossification of the Romano-Hellenic religion as well as of the increased craving of the multitude after stronger religious stimulants, that superstition no longer, as in the Bacchic mysteries, associates itself with the national religion; even the Etruscan mysticism is already left behind; the worships matured in the sultry regions of the east appear throughout in the foremost rank. The copious introduction of elements from Asia Minor and Syria into the population, partly by the import of slaves, partly by the augmented traffic of Italy with the east, contributed very greatly to this result.
The power of these foreign religions is very distinctly apparent in the revolts of the Sicilian slaves, who for the most part were natives of Syria. Eunus vomited fire, Athenion read the stars; the plummets thrown by the slaves in these wars bear in great part the names of gods, those of Zeus and Artemis, and especially that of the mysterious Mother who had migrated from Crete to Sicily and was zealously worshipped there. A similar effect was produced by commercial intercourse, particularly after the wares of Berytus and Alexandria were conveyed directly to the Italian ports; Ostia and Puteoli became the great marts not only for Syrian unguents and Egyptian linen, but also for the faith of the east. Everywhere the mingling of religions was constantly on the increase along with the mingling of nations. Of all allowed worships the most popular was that of the Pessinuntine Mother of the Gods, which made a deep impression on the multitude by its eunuch-celibacy, its banquets, its music, its begging processions, and all its sensuous pomp; the collections from house to house were already felt as an economic burden. In the most dangerous time of the Cimbrian war Battaces the high-priest of Pessinus appeared in person at Rome, in order to defend the interests of the temple of his goddess there which was alleged to have been profaned, addressed the Roman people by the special orders of the Mother of the Gods, and performed also various miracles. Men of sense were scandalized, but the women and the great multitude were not to be debarred from escorting the prophet at his departure in great crowds. Vows of pilgrimage to the east were already no longer uncommon; Marius himself, for instance, thus undertook a pilgrimage to Pessinus; in fact even thus early (first in 653) Roman burgesses devoted themselves to the eunuch-priesthood.
Secret Worships
But the unallowed and secret worships were naturally still more popular. As early as Cato's time the Chaldean horoscope-caster had begun to come into competition with the Etruscan -haruspex- and the Marsian bird-seer;(16) star-gazing and astrology were soon as much at home in Italy as in their dreamy native land. In 615 the Roman -praetor peregrinus- directed all the Chaldeans to evacuate Rome and Italy within ten days. The same fate at the same time befel the Jews, who had admitted Italian proselytes to their sabbath. In like manner Scipio had to clear the camp before Numantia from soothsayers and pious impostors of every sort. Some forty years afterwards (657) it was even found necessary to prohibit human sacrifices. The wild worship of the Cappadocian Ma, or, as the Romans called her, Bellona, to whom the priests in their festal processions shed their own blood as a sacrifice, and the gloomy Egyptian worships began to make their appearance; the former Cappadocian goddess appeared in a dream to Sulla, and of the later Roman communities of Isis and Osiris the oldest traced their origin to the Sullan period. Men had become perplexed not merely as to the old faith, but as to their very selves; the fearful crises of a fifty years' revolution, the instinctive feeling that the civil war was still far from being at an end, increased the anxious suspense, the gloomy perplexity of the multitude. Restlessly the wandering imagination climbed every height and fathomed every abyss, where it fancied that it might discover new prospects or new light amidst the fatalities impending, might gain fresh hopes in the desperate struggle against destiny, or perhaps might find merely fresh alarms. A portentous mysticism found in the general distraction-- political, economic, moral, religious--the soil which was adapted for it, and grew with alarming rapidity; it was as if gigantic trees had grown by night out of the earth, none knew whence or whither, and this very marvellous rapidity of growth worked new wonders and seized like an epidemic on all minds not thoroughly fortified.
Education
Just as in the sphere of religion, the revolution begun in the previous epoch was now completed also in the sphere of education and culture. We have already shown how the fundamental idea of the Roman system--civil equality--had already during the sixth century begun to be undermined in this field also. Even in the time of Pictor and Cato Greek culture was widely diffused in Rome, and there was a native Roman culture; but neither of them had then got beyond the initial stage. Cato's encyclopaedia shows tolerably what was understood at this period by a Romano-Greek model training;(16) it was little more than an embodiment of the knowledge of the old Roman householder, and truly, when compared with the Hellenic culture of the period, scanty enough. At how low a stage the average instruction of youth in Rome still stood at the beginning of the seventh century, may be inferred from the expressions of Polybius, who in this one respect prominently censures the criminal indifference of the Romans as compared with the intelligent private and public care of his countrymen; no Hellene, not even Polybius himself, could rightly enter into the deeper idea of civil equality that lay at the root of this indifference.
Now the case was altered. Just as the naive popular faith was superseded by an enlightened Stoic supernaturalism, so in education alongside of the simple popular instruction a special training, an exclusive -humanitas-, developed itself and eradicated the last remnants of the old social equality. It will not be superfluous to cast a glance at the aspect assumed by the new instruction of the young, both the Greek and the higher Latin.
Greek Instruction
It was a singular circumstance that the same man, who in a political point of view definitively vanquished the Hellenic nation, Lucius Aemilius Paullus, was at the same time the first or one of the first who fully recognized the Hellenic civilization as-- what it has thenceforth continued to be beyond dispute--the civilization of the ancient world. He was himself indeed an old man before it was granted to him, with the Homeric poems in his mind, to stand before the Zeus of Phidias; but his heart was young enough to carry home the full sunshine of Hellenic beauty and the unconquerable longing after the golden apples of the Hesperides in his soul; poets and artists had found in the foreigner a more earnest and cordial devotee than was any of the wise men of the Greece of those days. He made no epigram on Homer or Phidias, but he had his children introduced into the realms of intellect. Without neglecting their national education, so far as there was such, he made provision like the Greeks for the physical development of his boys, not indeed by gymnastic exercises which were according to Roman notions inadmissible, but by instruction in the chase, which was among the Greeks developed almost like an art; and he elevated their Greek instruction in such a way that the language was no longer merely learned and practised for the sake of speaking, but after the Greek fashion the whole subject-matter of general higher culture was associated with the language and developed out of it--embracing, first of all, the knowledge of Greek literature with the mythological and historical information necessary for understanding it, and then rhetoric and philosophy. The library of king Perseus was the only portion of the Macedonian spoil that Paullus took for himself, with the view of presenting it to his sons. Even Greek painters and sculptors were found in his train and completed the aesthetic training of his children. That the time was past when men could in this field preserve a merely repellent attitude as regarded Hellenism, had been felt even by Cato; the better classes had probably now a presentiment that the noble substance of Roman character was less endangered by Hellenism as a whole, than by Hellenism mutilated and misshapen: the mass of the upper society of Rome and Italy went along with the new mode. There had been for long no want of Greek schoolmasters in Rome; now they arrived in troops--and as teachers not merely of the language but of literature and culture in general--at the newly-opened lucrative market for the sale of their wisdom. Greek tutors and teachers of philosophy, who, even if they were not slaves, were as a rule accounted as servants,(17) were now permanent inmates in the palaces of Rome; people speculated in them, and there is a statement that 200,000 sesterces (2000 pounds) were paid for a Greek literary slave of the first rank. As early as 593 there existed in the capital a number of special establishments for the practice of Greek declamation. Several distinguished names already occur among these Roman teachers; the philosopher Panaetius has been already mentioned;(18) the esteemed grammarian Crates of Mallus in Cilicia, the contemporary and equal rival of Aristarchus, found about 585 at Rome an audience for the recitation and illustration, language, and matter of the Homeric poems. It is true that this new mode of juvenile instruction, revolutionary and anti-national as it was, encountered partially the resistance of the government; but the edict of dismissal, which the authorities in 593 fulminated against rhetoricians and philosophers, remained (chiefly owing to the constant change of the Roman chief magistrates) like all similar commands without any result worth mentioning, and after the death of old Cato there were still doubtless frequent complaints in accordance with his views, but there was no further action. The higher instruction in Greek and in the sciences of Greek culture remained thenceforth recognized as an essential part of Italian training.
Latin Instruction Public Readings of Classical Works
But by its side there sprang up also a higher Latin instruction. We have shown in the previous epoch how Latin elementary instruction raised its character; how the place of the Twelve Tables was taken by the Latin Odyssey as a sort of improved primer, and the Roman boy was now trained to the knowledge and delivery of his mother-tongue by means of this translation, as the Greek by means of the original: how noted teachers of the Greek language and literature, Andronicus, Ennius, and others, who already probably taught not children properly so called, but boys growing up to maturity and young men, did not disdain to give instruction in the mother-tongue along with the Greek. These were the first steps towards a higher Latin instruction, but they did not as yet form such an instruction itself. Instruction in a language cannot go beyond the elementary stage, so long as it lacks a literature. It was not until there were not merely Latin schoolbooks but a Latin literature, and this literature already somewhat rounded-off in the works of the classics of the sixth century, that the mother-tongue and the native literature truly entered into the circle of the elements of higher culture; and the emancipation from the Greek schoolmasters was now not slow to follow. Stirred up by the Homeric prelections of Crates, cultivated Romans began to read the recitative works of their own literature, the Punic War of Naevius, the Annals of Ennius, and subsequently also the Poems of Lucilius first to a select circle, and then in public on set days and in presence of a great concourse, and occasionally also to treat them critically after the precedent of the Homeric grammarians. These literary prelections, which cultivated -dilettanti- (-litterati-) held gratuitously, were not formally a part of juvenile instruction, but were yet an essential means of introducing the youth to the understanding and the discussion of the classic Latin literature.
Rhetorical Exercises
The formation of Latin oratory took place in a similar way. The Roman youth of rank, who were even at an early age incited to come forward in public with panegyrics and forensic speeches, can never have lacked exercises in oratory; but it was only at this epoch, and in consequence of the new exclusive culture, that there arose a rhetoric properly so called. Marcus Lepidus Porcina (consul in 617) is mentioned as the first Roman advocate who technically handled the language and subject-matter; the two famous advocates of the Marian age, the masculine and vigorous Marcus Antonius (611- 667) and the polished and chaste orator Lucius Crassus (614-663) were already complete rhetoricians. The exercises of the young men in speaking increased naturally in extent and importance, but still remained, just like the exercises in Latin literature, essentially limited to the personal attendance of the beginner on the master of the art so as to be trained by his example and his instructions.
Formal instruction both in Latin literature and in Latin rhetoric was given first about 650 by Lucius Aelius Praeconinus of Lanuvium, called the "penman" (-Stilo-), a distinguished Roman knight of strict conservative views, who read Plautus and similar works with a select circle of younger men--including Varro and Cicero--and sometimes also went over outlines of speeches with the authors, or put similar outlines into the hands of his friends. This was instruction, but Stilo was not a professional schoolmaster; he taught literature and rhetoric, just as jurisprudence was taught at Rome, in the character of a senior friend of aspiring young men, not of a man hired and holding himself at every one's command.
Course of Literature and Rhetoric
But about his time began also the scholastic higher instruction in Latin, separated as well from elementary Latin as from Greek instruction, and imparted in special establishments by paid masters, ordinarily manumitted slaves. That its spirit and method were throughout borrowed from the exercises in the Greek literature and language, was a matter of course; and the scholars also consisted, as at these exercises, of youths, and not of boys. This Latin instruction was soon divided like the Greek into two courses; in so far as the Latin literature was first the subject of scientific lectures, and then a technical introduction was given to the preparation of panegyrics, public, and forensic orations. The first Roman school of literature was opened about Stilo's time by Marcus Saevius Nicanor Postumus, the first separate school for Latin rhetoric about 660 by Lucius Plotius Gallus; but ordinarily instructions in rhetoric were also given in the Latin schools of literature. This new Latin school-instruction was of the most comprehensive importance. The introduction to the knowledge of Latin literature and Latin oratory, such as had formerly been imparted by connoisseurs and masters of high position, had preserved a certain independence in relation to the Greeks. The judges of language and the masters of oratory were doubtless under the influence of Hellenism, but not absolutely under that of the Greek school-grammar and school-rhetoric; the latter in particular was decidedly an object of dread. The pride as well as the sound common sense of the Romans demurred to the Greek assertion that the ability to speak of things, which the orator understood and felt, intelligibly and attractively to his peers in the mother-tongue could be learned in the school by school-rules. To the solid practical advocate the procedure of the Greek rhetoricians, so totally estranged from life, could not but appear worse for the beginner than no preparation at all; to the man of thorough culture and matured by the experience of life, the Greek rhetoric seemed shallow and repulsive; while the man of serious conservative views did not fail to observe the close affinity between a professionally developed rhetoric and the trade of the demagogue. Accordingly the Scipionic circle had shown the most bitter hostility to the rhetoricians, and, if Greek declamations before paid masters were tolerated doubtless primarily as exercises in speaking Greek, Greek rhetoric did not thereby find its way either into Latin oratory or into Latin oratorical instruction. But in the new Latin rhetorical schools the Roman youths were trained as men and public orators by discussing in pairs rhetorical themes; they accused Ulysses, who was found beside the corpse of Ajax with the latter's bloody sword, of the murder of his comrade in arms, or upheld his innocence; they charged Orestes with the murder of his mother, or undertook to defend him; or perhaps they helped Hannibal with a supplementary good advice as to the question whether he would do better to comply with the invitation to Rome, or to remain in Carthage, or to take flight. It was natural that the Catonian opposition should once more bestir itself against these offensive and pernicious conflicts of words. The censors of 662 issued a warning to teachers and parents not to allow the young men to spend the whole day in exercises, whereof their ancestors had known nothing; and the man, from whom this warning came, was no less than the first forensic orator of his age, Lucius Licinius Crassus. Of course the Cassandra spoke in vain; declamatory exercises in Latin on the current themes of the Greek schools became a permanent ingredient in the education of Roman youth, and contributed their part to educate the very boys as forensic and political players and to stifle in the bud all earnest and true eloquence.
As the aggregate result of this modern Roman education there sprang up the new idea of "humanity," as it was called, which consisted partly of a more or less superficial appropriation of the aesthetic culture of the Hellenes, partly of a privileged Latin culture as an imitation or mutilated copy of the Greek. This new humanity, as the very name indicates, renounced the specific characteristics of Roman life, nay even came forward in opposition to them, and combined in itself, just like our closely kindred "general culture," a nationally cosmopolitan and socially exclusive character. Here too we trace the revolution, which separated classes and blended nations.