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A History of Rome, Vol 1 by A H.J. Greenidge

Part 9 out of 11

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rendered light by acts of occasional severity; the world must be made to
see the consequences of rebellion against a sovereign. But the true
justification for Roman rigour was not dependent on such considerations,
which are often of a highly disputable kind, nearly so much as on the
normal attitude of the Roman mind itself. Cruelty was but an expression
of Roman patriotism; with characteristic consistency they applied much
the same views to their citizens and their subjects, and their treatment
of captured enemies was but one expression of the spirit which found
utterance in their own terrible law of treason.

When Marius celebrated his triumph on the 1st of January in the year
which followed the close of the Numidian war,[1194] Jugurtha and his two
sons walked before his chariot. While the pageant lasted, the king still
wore his royal robes in mockery of his former state; when it had reached
its bourne on the Capitol, the degradation and the punishment were
begun. But it was believed by some that neither could now be felt, and
that it was a madman that was pushed down the narrow stair which leads
to the rock-hewn dungeon below the hill.[1195] His tunic was stripped
from him, the golden rings wrested from his ears, and, as the son of the
south[1196] stepped shivering into the well-like cavern, the cry "Oh!
what a cold bath!" burst from his lips. Of the stories as to how the end
was reached, the more detailed speaks of a protracted agony of six days
until the prisoner had starved to death, his weakened mind clinging ever
to the hope that his life might yet be spared.[1197]

The minor prize of the Numidian war was a quantity of treasure including
more than three thousand pounds' weight of gold and over five thousand
of silver[1198]--which was shown in the triumph of Marius before it was
deposited in the treasury. It was indeed the only permanent prize of the
war which could be exhibited to the people; if one excepted two triumphs
and the recognition of the merit of three officials, there was nothing
else to show. It was difficult to justify the war even on defensive
grounds, for it would have required a courageous advocate to maintain
that the mere recognition of Jugurtha as King of Numidia would have
imperilled the Roman possessions in Africa; and, if the struggle had
assumed an anti-Roman character, this result had been assisted, if not
secured, by the tactics of the opposition which had systematically
foiled every attempt at compromise. But a war, which it is difficult to
justify and still more difficult to remember with satisfaction, may be
the necessary result of a radically unsound system of administration:
and the disasters which it entails may be equally the consequence of a
military system, excellent in itself but ill-adapted to the
circumstances of the country in which the struggle is waged. These are
the only two points of view from which the Numidian war is remarkable on
strategic or administrative grounds. The strategic difficulties of the
task do nothing more than exhibit the wisdom of the majority of the
senate, and of the earlier generals engaged in the campaign, in seeking
to avoid a struggle at almost any cost. A military system is conditioned
by the necessities of its growth; even that of an empire is seldom
sufficiently elastic to be equally adapted to every country and equally
capable of beating down every form of armed resistance. The Roman system
had been evolved for the type of warfare which was common to the
civilised nations around the Mediterranean basin--nations which employed
heavily armed and fully equipped soldiers as the main source of their
fighting strength, and which were forced to operate within a narrow
area, on account of the possession of great centres of civilisation
which it was imperative to defend. Its mobility was simply the mobility
of a heavy force of infantry with a circumscribed range of action; in
the days of its highest development it was still strikingly weak in
cavalry. It had already shown itself an imperfect instrument for putting
down the guerilla warfare of Spain; it had never been intended for the
purposes of desert warfare, or to effect the pacification of nomad
tribes extending over a vast and desolate territory. Even as the
Parthian war of Trajan required the formation of what was practically a
new army developed on unfamiliar lines, so the complete reorganisation
of the Republican system would have been essential to the effective
conquest of Numidia. The slight successes of this war, such as the
taking of Thala and of Capsa and the victories near Cirta, were attained
by judicious adaptations to the new conditions, by the employment of
light infantry and the increased use of cavalry; but even these
improvements were of little avail, for effective pursuit was still
impossible, and without pursuit the conflict could not be brought to a
close. The unkindness of the conditions almost exonerates the generals
who blundered during the struggle, and to an unprejudiced observer the
record of incompetence is slight. The fact that the inconclusive
proceedings of Metellus and Marius were deemed successes, almost
justifies the exploits of a Bestia, and even the crowning disaster of
the war--the surprise of the army of Aulus Albinus--might have been the
lot of a better commander opposed to an enemy so far superior in
mobility and knowledge of the land. Most wars of this type are
destructive of military reputations; the general is fortunate who can
emerge as the least incapable of the host of blunderers. If we adopt
this relative standard, one fortunate issue of the campaign may be held
to be the discovery that Marius was not unworthy of his military
reputation. The verdict, it is true, was not justified by positive
results; but it was the verdict of the army that he led and as incapable
of being ignored as all such judgments are. His leadership had been
characterised at least by efficiency in detail, and this efficiency had
been secured by gentle measures, by unceasing vigilance, by the
cultivation of a true soldierly spirit, and by the untiring example of
the commander. The courage of the innovator--a courage at once political
and military--had also given Rome, in the mass of the unpropertied
classes, a fathomless source from which she could draw an army of
professional soldiers, if she possessed the capacity to use her
opportunities.

The political issues of the war were bound up with those which were
strategic, both in so far as the hesitancy of the senate to enter on
hostilities was based on a just estimate of the difficulties of the
campaign, and in so far as the policy of smoothing over difficulties in
a client state by diplomatic means, in preference to stirring up a
hornet's nest by the thrust of the sword, was one of the traditional
maxims of the Roman protectorate. But this second issue raised the whole
of the great administrative question of the limits of the duties which
Rome owed to her client kings. Such a question not infrequently suggests
a conflict of duty with interest. The claims of Adherbal for protection
against his aggressive cousin might be just, but even to many moderate
men, not wholly vitiated by the maxims of a Machiavellian policy, they
may have appeared intolerable. Was Rome to waste her own strength and
stake the peace of the empire on a mere question of dynastic succession?
Might it not be better to allow the rivals to fight out the question
amongst themselves, and then to see whether the man who emerged
victorious from the contest was likely to prove a client acceptable and
obedient to Rome? There was danger in the course, no doubt: the danger
inherent in a vicious example which might spread to other protected
states; but might it not be a slighter peril than that involved in
dethroning a ruler, who had proved his energy and ability, his
familiarity with Roman ways, and his knowledge of Roman methods, above
all, his possession of the confidence of the great mass of the Numidian
people? Nay, it might be argued that Adherbal had by his weakness proved
his unfitness to be an efficient agent of Rome. It might be asked
whether such a man was likely to be an adequate representative of Roman
interests in Africa, an adequate protector of the frontiers of the
province. On the other hand, it must be admitted that the advocates of
interference had something more than the claim of justice and the claim
of prestige on their side. It was an undisputed fact that the division
of power in Numidia, at the time when the question was presented to
Rome, showed that Adherbal stood for civilisation and Jugurtha for
barbarism. This was an issue that might not have been manifest at first,
although any one who knew Numidia must have been aware that the military
spirit of the country which was embodied in Jugurtha, was not
represented in the coast cities with their trading populations drawn
from many towns, but in the remote agricultural districts and the
deserts of the west and south; but it was an issue recognised by the
commissioners when they assigned the more civilised portion of the
kingdom to Adherbal, and the territories, whose strength was the natural
wealth and the manhood which they yielded, to his energetic rival; and
it was one that became painfully apparent when Jugurtha led his
barbarous hordes against Cirta, and when these hordes in the hour of
victory slew every merchant and money-lender whom they could find in the
town. It was this aspect of the question that ultimately proved the
decisive factor in bringing on the war; for the claims of justice could
now be reinforced by those of interest, and the interest which was at
stake was that of the powerful moneyed class at Rome. It was this class
that not only forced the government to war, but insisted on seeing the
war through to its bitter end. It was this class that systematically
hindered all attempts at compromise, that brandished its control of the
courts in the face of every one who strove to temper war with hopes of
peace, that tolerated Metellus until he proved too dilatory, and sent
out Marius in the vain hope that he might show greater expedition. The
close of the war was a singular satire on their policy, a remarkable
proof of the justice of the official view. The end came through
diplomacy, not through battle, through an unknown quaestor who belonged
to the old nobility and possessed its best gifts of facile speech and
suppleness in intrigue, not through the great "new man" who was to be a
living example of what might be done, if the middle class had the making
of the ministers of the State.

But the moneyed class could hardly have developed the power to force the
hand of the council of state, had it not been in union with the third
great factor in the commonwealth, that disorganised mass of fluctuating
opinion and dissipated voting power which was known as "the people." How
came the Populus Romanus to be stirred to action in this cause, with the
result that the balance of power projected by Caius Gracchus was again
restored? Much of their excitement may have been the result of
misrepresentation, of the persistent efforts made by the opposition to
prove that all parleying with the enemy was tantamount to treason; more
must have been due to the dishonouring news of positive disaster which
marked a later stage of the war; but the mingled attitude of resentment
and suspicion with which the people was taught to regard its council and
its ministers, seems to have been due to the genuine belief that many of
the former and nearly all of the latter were hopelessly corrupt. This
darkest aspect of the Numidian war is none the less a reality if we
believe that the individual charges of corruption were not well founded,
and that they were mere party devices meant to mask a policy which would
have been impossible without them. The proceedings of the Mamilian
commission certainly commanded little respect even from the democrat of
a later day; but it is with the suspicion of corruption, rather than
with the justice of that suspicion in individual cases, that we are most
intimately concerned. A political society must be tainted to the core,
if bribery can be given and accepted as a serious and adequate
explanation of the proceedings of its leading members. The suspicion was
a condemnation of the State rather than of a class. It might be tempting
to suppose that the disease was confined to a narrow circle (by a
curious accident to the circle actually in power); but of what proof did
such a supposition admit? The leaders of the people were themselves
members of the senatorial order and scions of the nobility of office.
Marius the "new man" might thunder his appeal for a purer atmosphere and
a wider field; but it would be long, if ever, before the councils of the
State would be administered by men who might be deemed virtuous because
their ancestors were unknown.

But for a time the view prevailed that the interests of the State could
best be served by a combination of powerful directors of financial
corporations with patriotic reformers, invested with the tribunate,
struggling for higher office, and expressing their views of statecraft
chiefly in the form of denunciations of the government. Such a coalition
might form a powerful and healthy organ of criticism; but it could only
become more by serving as a mere basis for a new executive power. As
regards the nature of this power and even the necessity for its
existence, the views of the discontented elements of the time were
probably as indefinite as those of the adherents of Caius Gracchus. The
Republican constitution was an accepted fact, and the senate must at
least be tolerated as a necessary element in that constitution; for no
one could dream of finding a coherent administration either in the
Comitia or in the aggregate of the magistrates of the people. Now, as at
all times since the Roman constitution had attained its full
development, the only mode of breaking with tradition in order to secure
a given end which the senate was supposed to have neglected, was to
employ the services of an individual. There was no danger in this
employment if the individual could be overthrown when his work had been
completed, or when the senate had regained its old prestige. The leader
elevated to a purely civil magistracy by the suffrages of the people was
ever subject to this risk; if his personal influence outgrew the
necessities of his task, if he ceased to be an agent and threatened to
be a master, the mere suspicion of an aspiration after monarchy would
send a shudder of reaction through the mass of men which had given him
his greatness. As long as the cry for reform was based on the existence
of purely internal evils, which the temporary power of a domestic
magistracy such as the tribunate might heal, the breast even of the most
timid constitutionalist did not deserve to be agitated by alarm for the
security of the Republican government. But what if external dangers
called for settlement, if the eyes of the mercantile classes and the
proletariate were turned on the spectacle of a foreign commerce in decay
and an empire in disorder, if the grand justification for the senate's
authority--its government of the foreign dependencies of Rome--were
first questioned, then tossed aside? Would not the Individual makeshift
have in such a case as this to be invested with military authority?
Might not his power be defended and perpetuated by a weapon mightier
than the voting tablet? Might not his supporters be a class of men, to
whom the charms of civil life are few, whose habits have trained them to
look for inspiration to an individual, not to a corporation, still less
to that abstraction called a constitution--of men not subjected to the
dividing influences, or swayed by the momentary passions, of their
fellows of the streets? In such a case might not the power of the
individual be made secure, and what was this but monarchy?

Such were the reflections suggested to posterity by the power which
popularly-elected generals began to hold from the time of the Numidian
war. But such were not the reflections of Marius and his contemporaries.
There was no precedent and no contemporary circumstance which could
suggest a belief in any danger arising from the military power. The
experiment of bearding the senate by entrusting the conduct of a
campaign to a popular favourite had been tried before, and, whether its
immediate results were beneficial or the reverse, it had produced no
ulterior effects. Whether the people had pinned its faith on men of the
nobility such as the two Scipios, or on a man of the people like Varro,
such agents had either retired from public life, confessed their
incapacity, or returned to serve the State. The armies which such
generals had led were composed of well-to-do men who, apart from the
annoyance of the levy, had no ground of complaint against the
commonwealth: and the change in the recruiting system which had been
introduced by Marius, was much too novel and too partial for its
consequences to be forecast. Nor could any one be expected to see the
fundamental difference between the Rome of but two generations past and
the Rome of the day--the difference which sprang from the increasing
divergence of the interests of classes, and the consequent weakening of
confidence in the one class which had "weathered the storm and been
wrecked in a calm". Aristocracy is the true leveller of merit, but, if
it lose that magic power by ceasing to be an aristocracy, then the turn
of the individual has come.

The fact that it was already coming may justify us in descending from
the general to the particular and remarking that the question "Who
deserved the credit of bringing the war with Jugurtha to an end?" soon
excited an interest which appealed equally to the two parties in the
State and the two personalities whom the close of the episode had
revealed. It was natural that the success of Sulla should be exploited
by resentful members of the nobility as the triumph of the aristocrat
over the parvenu, of the old diplomacy and the old bureaucracy over the
coarse and childish methods of the opposition; it was tempting to
circulate the view that the humiliation of Metellus had been avenged,
that the man who had slandered and superseded him had found an immediate
nemesis in a youthful member of the aristocracy.[1199] Such a version,
if it ever reached the ears of the masses, was heard only to be
rejected; the man who had brought Jugurtha in chains to Rome must be his
conqueror, and, even had this evidence been lacking, they did not intend
to surrender the glory which was reflected from the champion whom they
had created. Nor even in the circles of the governing class could this
controversy be for the moment more than a matter for idle or malicious
speculation. Hard fighting had to be done against the barbarians of the
north, a reorganisation of the army was essential, and for both these
purposes even they admitted that Marius was the necessary man. Even the
two men who were most interested in the verdict were content to stifle
for the time, the one the ambitious claim which was strengthened by a
belief in its justice, the other the resentful repudiation, which would
have been rendered all the more emphatic from the galling sense that it
could not be absolute. In the coming campaigns against the Germans Sulla
served first as legate and afterwards as military tribune in the army of
his old commander.[1200] But his own conviction of the part which he had
played in the Numidian war was expressed in a manner not the less
irritating because it gave no reasonable ground for offence. He began
wearing a signet ring, the seal of which showed Bocchus delivering
Jugurtha into his hand.[1201] This emblem was destined to grate on the
nerves of Marius in a still more offensive form, for thirteen years
later, when his work had been done and his glory had begun to wane, Rome
was given an unexpected confirmation of the truthfulness of the scene
which it depicted. The King of Mauretania, eager to conciliate the
people of Rome while he showed his gratitude to Sulla, sent as a
dedicatory offering to the Capitol a group of trophy-bearing Victories
who guarded a device wrought in gold, which showed Bocchus surrendering
to Sulla the person of the Numidian king. Marius would have had it
removed, but Sulla's supporters could now loudly assert the claim, which
had been only whispered when the dark cloud of barbaric invasion hung
over the State and the loyal belief of the people in Marius was
quickened by their fears.[1202]

Yet, although at the close of the Numidian war an appalling danger to
the empire tended to perpetuate the coalition that had been formed
between the mercantile classes and the proletariate, and to wring from
the senate an acceptance of the new military genius with his plans for
reform, there are clear indications which prove that an ebb of political
feeling had been witnessed, even during the last three years--a turn of
the tide which shows how utterly unstable the coalition against the
senate would have been, had it not been reinforced by the continuance of
disasters abroad. The first sign of the reaction was the flattering
reception and the triumph of Metellus; and it may have been this current
of feeling which decided the consular elections for the following year.
The successful candidates were Caius Atilius Serranus and Quintus
Servilius Caepio. Of these Serranus could trace his name back to the
great Reguli of Carthaginian fame;[1203] the family to which he
belonged, although plebeian, had figured amongst the ranks of the
official nobility since the close of the fourth century, although it is
known to have furnished the State with but five consuls since the time
of Caius Regulus. The merit which Serranus possessed in the eyes of the
voters who elevated him to his high office, was a puzzle to posterity;
for such nobility as he could boast seemed the only compensation for the
lack of intelligence which was supposed to characterise his utterances
and his conduct.[1204] But, if we may judge from the resolution which he
subsequently displayed in combating revolution at Rome,[1205] he was
known to be a supporter of the authority of the senate, and his
aristocratic proclivities may have led to his association with his more
distinguished colleague Caepio. The latter belonged to a patrician clan,
and to a branch of that clan which had lately clung to the highest
political prizes with a tenacity second only to that of the Metelli.
Caepio's great-grandfather, his grandfather, his father and his two
uncles had all filled the consulship; and his own hereditary claim to
that office had been rendered more secure by some good service in
Lusitania, which had secured him a military reputation and the triumph
which he enjoyed in the very year that preceded his candidature.[1206]
His political sentiments may have been known before his election; but
the very fact of his elevation to the consulship, and his appreciation
of the direction in which the tide of public feeling seemed to be
running, gave a definiteness to his views and a courage to his reforming
conservatism, which must have surprised his supporters as well as his
opponents, and may not have been altogether pleasing to the extreme
members of the former party. It must have been believed that a rift was
opening between the moneyed classes and the people, and that the latter,
satisfied with their recent political triumph and reconciled by the
honest passivity of the senate, were content to resume their old
allegiance to the governing class. It must even have been held that a
spirit of repentance and indignation could be awakened at the reckless
and selfish use which the knights had made of the judicial power
entrusted to their keeping, that the Mamilian commission could be
represented as an outrage on the public conscience, and the ordinary
cognisance of public crimes as a reign of terror intended merely to
ensure the security of investments.[1207] The knights were to be
attacked in their stronghold, and Caepio came forward with a new
judiciary law. Two accounts of the scope of this measure have come down
to us. According to the one, the bill proposed that jurisdiction in the
standing criminal courts should be shared between the senators and the
equites;[1208] according to the other, this jurisdiction was to be given
to the senate.[1209] That the latter result was meant to be attained in
some way by the law, is perhaps shown by the intense dislike which the
equestrian order entertained in later times to any laudatory reference
to the hated Servilian proposal:[1210] and, although a class which has
possessed and perhaps abused a monopoly of jurisdiction, may object to
seeing even a share of it given to their enemies and their victims, yet
this resentment would be still more natural if the threatened
transference of jurisdiction from their order was to be complete. But,
in any case, we cannot afford to neglect the express testimony to the
fact that the senate was to have possession of the courts; and the only
method of reconciling this view with the other tradition of a partition
of jurisdiction between the orders, is to suppose that Caepio attempted
the effort suggested by Tiberius Gracchus, once advocated by his brother
Caius,[1211] and subsequently taken up by the younger Livius Drusus, of
increasing the senate by admitting a certain number of knights into that
body, and giving the control of the courts to the members of this
enlarged council. It may seem a strange and revolutionary step to
attempt such a reform of the governing body of the State, whose
membership and whose privileges were so jealously guarded, for the
purpose of securing a single political end; it may seem at first sight
as though the admission of a considerable number of the upper middle
class to the power and prizes possessed by the privileged few, would be
a shock even to a mildly conservative mind that had fed upon the
traditions of the past. Yet a closer examination will reveal the truth
that such a change would have meant a very slight modification in the
temper and tendencies of the senate, and would have insured a very great
increase in its security, whether it meant to govern well or ill, to
secure its own advantages or those of its suffering subjects. In reality
a very thin line parted the interests of the senators from those of the
more distinguished members of the equestrian order. It was only when
official probity or official selfishness came into conflict with
capitalistic greed, that recrimination was aroused between the two heads
of the body politic. But what if official power, under either of its
aspects, could make a compromise with greed? The rough features of both
might be softened; but, at the worst, a stronger, more permanent and, in
the long run, more profitable monopoly of the good things of the empire
would be the result of the union. The admission of wealthy capitalists
could not be considered a very marked social detraction to the dignity
of the order. The question of pedigree might be sunk in an amiable
community of taste. In point of lavish expenditure and exotic
refinement, in the taste that displayed itself in the patronage of
literature, the collection of objects of art, the adornment of country
villas, there was little to choose between the capitalist and the noble.
And community of taste is an easy passage to community of political
sentiment. Any one acquainted with the history of the past must have
known that all efforts to temper the exclusiveness of the senatorial
order had but resulted in an increase of the spirit of exclusiveness.
The patrician council had in old days been stormed by a horde of
plebeian chiefs; but these chiefs, when they had once stepped within the
magic circle, had shown not the least inclination to permit their poorer
followers to do the same. The successful Roman, practical, grasping,
commercial and magnificently beneficent, ranking the glory of patronage
as second only in point of worth to the possession and selfish use of
power, scarcely attached a value even to the highest birth when deprived
of its brilliant accessories, and had always found his bond of
fellowship in a close community of interest with others, who helped him
to hold a position which he might keep against the world. How much more
secure would this position be, if the front rank of the assailants were
enticed within the fortress and given strong positions upon the walls!
They would soon drink into their lungs the strong air of possession,
they would soon be stiffened by that electric rigidity which falls on a
man when he becomes possessed of a vested interest. There was little
probability that the knights admitted to the senate would continue to be
in any real sense members of the equestrian order.

But even to a senator who reckoned the increase of profit-sharers,
whatever their present or future sentiments might be, as a loss to
himself, the sacrifice involved in the proposed increase of the members
of his order may have seemed well worthy of the cost. For how could
power be exercised or enjoyed in the face of a hostile judicature? The
knights had recently made foreign administration on the accepted lines
not only impossible in itself, but positively dangerous to the
administrator, and in all the details of provincial policy they could,
if they chose, enforce their views by means of the terrible instrument
which Caius Gracchus had committed to their hands. Even if the business
men, shorn of their most distinguished members, might still have the
power to offer transitory opposition to the senate by coalition with the
mob, the more dangerous, because more permanent, possibilities of harm
which the control of the courts afforded them, would be wholly
swept away.

The attraction of Caepio's proposal to the senatorial mind is,
therefore, perfectly intelligible; but it is very probable that there
were many members of the nobility who were wholly insensible to this
attraction. The men who would descend a few steps in order to secure a
profitable concord between the orders, may have been in the majority;
but there must have been a considerable number of stiff-backed nobles
who, even if they believed that concord could be secured by a measure
which gave away privileges and did not conciliate hostility, were
exceedingly unwilling to descend at all. Caepio is the first exponent of
a fresh phase of the new conservatism which had animated the elder
Drusus. That statesman had sought to win the people over to the side of
the senate by a series of beneficent laws, which should be as attractive
as those of the demagogue and perhaps of more permanent utility than the
blessings showered on them by the irresponsible favourite of the moment;
but he had done nothing for the mercantile class; and his greater son
was left to combine the scheme of conciliation transmitted to him by his
father with that enunciated by Caepio.

The moderation and the tactical utility of the new proposal fired the
imagination of a man, whose support was of the utmost importance for the
success of a measure which was to be submitted to a popular body that
was divided in its allegiance, uncertain in its views, and therefore
open to conviction by rhetoric if not by argument. It was characteristic
of the past career of the young orator Lucius Crassus that he should now
have thrown himself wholly on the side of Caepio and the progressive
members of the senate.[1212] His past career had committed him to no
extremes. He had impeached Carbo, known to have been a radical and
believed to be a renegade, and he had championed the policy of
provincial colonisation as illustrated by the settlement of Narbo
Martius. His action in the former case might have been equally pleasing
to either side; his action in the latter might have been construed as
the work, less of an advanced liberal, than of an imperialist more
enlightened than his peers. He had evidently not compromised his chances
of political success; he was still but thirty-four and had just
concluded his tenure of the tribunate. In the opposite camp stood
Memmius, striving with all his might to keep alive the coalition, which
he had done so much to form, between the popular party and the merchant
class. The knights mustered readily under his banner, for they had no
illusions as to the meaning of the bill; it was impossible to conciliate
an order by the bribery of a few hundreds of its members, whose very
names were as yet unknown. To keep the people faithful to the coalition
was a much more difficult task. It was soon patent to all that the
agitators had not been wrong in supposing that a serious cleft had
opened between the late allies, and in the war of words with which the
Forum was soon filled, Memmius seems to have been no match for his
opponent. Crassus surpassed himself, and the keen but humorous invective
with which he held Memmius up to the ridicule of his former
followers,[1213] was balanced by the grand periods in which he
formulated his detailed indictment of the methods pursued by the
existing courts of justice, and of the terrible dangers to the public
security produced by their methods of administration. He did not merely
impugn the verdicts which were the issue of a jury system so degraded as
to have become the sport of a political "faction," but he dwelt on the
public danger which sprang from the parasites of the courts, the gloomy
brood of public accusers which is hatched by a rotten system, feeds on
the impurities of a diseased judicature, and terrifies the commonwealth
by the peril that lurks in its poisonous sting. This speech was to be
studied by eager students for years to come as a master work in the art
of declamatory argument.[1214] But its momentary efficacy seems to have
been as great as its permanent value. Caepio's bill was acclaimed and
carried.[1215] Then began the turn of the tide. It is practically
certain that the authors of the measure never had the courage, or
perhaps the time, to carry a single one of its proposals Into effect.
The senate was not enlarged, nor was the right of judicature wrested
from the hands of its existing holders.[1216] The bill may have been
repealed within a few months of its acceptance by the people. Caepio
went to Gaul to stake his military reputation on a conflict with the
German hordes; he was to return as the best hated man in Rome, to
receive no mercy from an indignant people. There was probably more than
one cause for this sudden change in political sentiment. The knights may
have been thrown off their guard by the suddenness of Caepio's attack
upon their privileges, and a few months of organisation and canvassing
may have been all that they needed to restore the majority required for
effacing the blot upon their name. But the chief reason is doubtless to
be sought in the external circumstances of the moment, and can only be
fully illustrated by the description which we shall soon be giving of
the great events that were taking place on the northern frontiers of the
empire. It is sufficient for the present to remember that, in the very
year in which Caepio's measure had received the ratification of the
people, Caius Popillius Laenas, a legate of one of the consuls of the
previous year, had been put on his trial before that very people for
making a treaty which was considered still more disgraceful than the
defeat which had preceded it.[1217] The Comitia now heard the whole
story of the conduct of the Roman arms against the barbarians of the
North. The story immediately revived the coalition of the early days of
the Numidian war, and there was no longer any hope for the success of
even moderate counsels proceeding from the senate. Popillius was a
second Aulus Albinus, and a new Marius was required to restore the
fortunes of the day. It was, however, certain that the only Marius could
not be withdrawn from Africa, and men looked eagerly to see what the
consular elections for the next year would produce. We hear of no
candidate belonging to the highest ranks of the nobility who was deemed
to have been defrauded of his birthright on this occasion; but the
disappointment of Quintus Lutatius Catulus was deemed wholly legitimate,
when Cnaeus Mallius Maximus defeated him at the poll. Catulus belonged
to a plebeian family that had been ennobled by the possession of the
consulship at least as early as the First Punic War; but the distinction
had not been perpetuated in the later annals of the house, and if
Catulus received the support of the official nobility, it was because
his tastes and temperament harmonised with theirs, and because it may
have seemed impolitic to advance a man of better birth and more
pronounced opinions in view of the prevailing temper of the people.
Catulus was a man of elegant taste and polished learning, one of the
most perfect Hellenists of the day, and distinguished for the grace and
purity of the Latin style that was exhibited in his writings and
orations.[1218] He was one day to write the history of his own momentous
consulship and of the final struggle with the Cimbri, in which he played
a not ignoble part. Much of our knowledge of those days is due to his
pen, and the modern historian is perhaps likely to congratulate himself
on the blindness of the people, which thrice refused Catulus the
consulship and reserved him to be an actor and a witness in the crowning
victory of the great year of deliverance. He had already been defeated
by Serranus; he was now subordinated to the claims of Maximus. But what
were those claims? Posterity found it difficult to give an answer,[1219]
and the reason for that difficulty was that this second experiment in
the virtues of a "new man" was anything but successful. The family to
which Maximus belonged seems to have been wholly undistinguished, and he
himself is the only member of his clan who is known to have attained the
consulship. An explanation of his present prominence could only be
gathered from a knowledge of his past career, and of this knowledge we
are wholly deprived; but it is manifest that he must have done much,
either in the way of positive service to the State in subordinate
capacities, or in the way of invective against its late administrators,
which caused him to be regarded as a discovery by the leaders of the
multitude. The colleague given to Maximus was a man such as the people
in the present emergency could not well refuse. Publius Rutilius Rufus
was a kind of Cato with a deeper philosophy, a higher culture, and a far
less bewildering activity. As a soldier he had been trained by Scipio in
Spain, and he possessed a theoretical interest in military matters which
issued in practical results of the most important kind.[1220] His tenure
of the urban praetorship seems to have been marked by reforms which
materially improved the condition of the freedmen in matters of private
law, and limited the right of patrons to impose burdensome conditions of
personal service as the price of manumission.[1221] It was he too who
may have introduced the humane system of granting the possession of a
debtor's goods to a creditor, if that creditor was willing to waive his
claim to the debtor's person.[1222] Rutilius, therefore, may have had
strong claims on the gratitude of the lower orders; and his personality
was one that could more readily command a grateful respect than a warm
affection. He was a learned adherent of the Stoic system, the cold and
stern philosophy of which imbued his speeches, already rendered somewhat
unattractive by their author's devotion to the forms of the civil
law.[1223] He was much in request as an advocate, his learning commanded
deep respect, but he lacked or would not condescend to the charm which
would have made him a great personal force with the people at a time
when there was a sore need of men who were at the same time great
and honest.

By a singular irony of fortune it chanced that the province of Gaul fell
to Maximus and not to Rutilius. The strong-headed soldier was left at
home to indulge his schemes of army reform while the new man went to his
post in the north, to quarrel with the aristocratic Caepio, who was now
serving as proconsul in those regions, and to share in the crushing
disaster which this dissension drew upon their heads. The search for
genius had to be renewed at the close of this melancholy year.[1224]
Another "new man" was found in Caius Flavius Fimbria, a product of the
forensic activity of the age, a clever lawyer, a bitter and vehement
speaker, but with a power that secured his efforts a transitory
circulation as types of literary oratory.[1225] He is not known to have
shown any previous ability as a soldier, and his election, so far as it
was not due to his own unquestioned merit, may have been but a symbol of
the continued prevalence of the distrust of the people in aristocratic
influence and qualifications. His competitor was Catulus who was for the
third time defeated. For the other place in the consulship there could
be no competition. The close of the Numidian war had freed the hands of
the man who was still believed to be the greatest soldier of the day.
There was, it is true, a legal difficulty in the way of the appointment
of Marius to the command in the north. Such a command should belong to a
consul, but nearly fifty years before this date a law had been passed
absolutely prohibiting re-election to the consulship.[1226] Yet the
dispensation granted to the younger Africanus could be quoted as a
precedent, and indeed the danger that now threatened the very frontiers
of Italy was an infinitely better argument for the suspension of the law
than the reverses of the Numantine war.[1227] The people were in no mood
to listen to legal quibbles. They drove the protestant minority from the
assembly, and raised Marius to the position which they deemed necessary
for the salvation of the State.[1228] The formal act of dispensation may
have been passed by the Comitia either before or after the election, but
the senate must have been easily coerced into giving its assent, if its
adherence were thought requisite to the validity of the act. The
province of Gaul was assigned him as a matter of course,[1229] whether
by the senate or the people is a matter of indifference. For the Roman
constitution was again throwing off the mask of custom and uncovering
the bold lineaments which spoke of the undisputed sovereignty of the
people. Certainly, if a sovereign has a right to assert himself, it is
one who is _in extremis_, who stands between death and revolution.
Personality had again triumphed in spite of the meshes of Roman law and
custom. It remained to be seen whether the net could be woven again with
as much cunning as before, or whether the rent made by Marius was
greater than that which had been torn by the Gracchi.

TITLES OF MODERN WORKS REFERRED TO IN THE NOTES

L'ANNÉE ÉPIGRAPHIQUE; revue des publications épigraphiques relatives a
l'antiquité Romaine (1896, pp. 30, 31, _Fragmentum Tarentinum_).

BARDEY, E.--_Das sechste Consulat des Marius oder das Jahr 100 in der
römischen Verfassungsgeschichte_. Brandenburg-a.-d.-H., 1884.

BEESLY, A.H.--_The Gracchi, Marius and Sulla_. 3rd ed. London, 1882.

BELOCH, J.--_Der Italische Bund unter Roms Hegemonie; staatsrechtliche
und statistische Forschungen_. Leipzig, 1880.

BERGMANN, R.--_De Asiae Romanorum provinciae praesidibus_ (Philologus,
ii., 1847, p. 641).

BETHMANN-HOLLWEG, M.A. VON.--_Der römische Civilprozess_ (Der
Civilprozess des gemeinen Rechts, Bde. i., ii.). Bonn, 1864-5.

BIEREYE, J.--_Res Numidarum et Maurorum annis inde ab a. DCXLVIII.
usque ad a. DCCVIII. ab u.c. perscribuntur_. Halis Saxonum, 1885.

BOISSIER, GASTON.--_L'Afrique Romaine; promenades archéologiques en
Algérie et en Tunisie_. Paris, 1895.

BOISSIÈRE, GUSTAVE.--_Esquisse d'une histoire de la conquête et de
l'administration Romaines dans le Nord de l'Afrique et
particulièrement dans la province de Numidie_. Paris, 1878.

BOOR, C. DE.--_Fasti censorii, quos composuit et commentariis instruxit
C. de Boor_. Berolini, 1873.

BRUNS, C.G.--_Fontes juris Romani antiqui_. Ed. 6ta. Friburgi, 1893.

BUECHER, K.--_Die Aufstände der unfreien Arbeiter 143-129 v. Chr_.
Frankfurt-a.-M., 1874.

CORPUS INSCRIPTIONUM GRAECARUM. Ed. A. Böckh. Vol. ii. Berlin, 1843.

CORPUS INSCRIPTIONUM LATINARUM. Berolini. Vol. i. (ed. Th. Mommsen,
1863; ed. ii., pars i., ed. Th. Mommsen, G. Henzen, C. Hülsen,
1893). Vol. ii. (ed. A. Hübner, 1869). Vol. viii. (coll. G.
Wilmanns, 1881).

CUNNINGHAM, W.--_An Essay on Western Civilisation in its _Economic
Aspects_. Cambridge, 1898-1900.

DELOUME, A.--_Les manieurs d'argent à Rome jusqu'à l'Empire_. Paris,
1892.

DREYFUS, R.--_Essai sur les lois agraires sous la République Romaine_.
Paris, 1898.

DRUMANN, W.--_Geschichte Roms in seinem Uebergange von der
republikanischen zur monarchisen Verfassung_. 2te Aufl., herausg.
von P. Groebe. Berlin. Bd. i., 1899. Bd. ii., 1902.

DUREAU DE LA MALLE, A.--_Économie politique des Romains_. Paris, 1840.

FORBIGER, A.--_Handbuch der alten Geographie_. Leipzig, 1842-8.

FOWLER, W. WARDE.--_The Roman Festivals of the Period of the Republic_.
London and New York, 1899.

FRAENKEL, M.--_Die Inschriften von Pergamon_ (Altertümer von Pergamon.
Berlin, 1890. Bd. viii.).

GOEBEL, E.--_Die Westküste Afrikas im Altertum und die Geschichte
Mauretaniens_. Leipzig, 1887.

GREENIDGE, A.-H. J.--_The Legal Procedure of Cicero's Time_. Oxford,
1901.
----_Roman Public Life_. London, 1901.

GUADET, J.--_Basilica_ (Daremberg-Saglio, Dictionnaire des Antiquités
Grecques et Romaines).

HERZOG, E.--_Geschichte und System der römischen Staatsverfassung_.
Leipzig, 1884-91.

HUEBNER, E.--_Baliares_ (Pauly-Wissowa, Real-Encyclopädie der
classischen Altertumswissenschaft, p. 2823).
----_Römische Heerschaft in Westeuropa_, Berlin, 1890.

IHNE, W.--_Römische Geschichte_. Leipzig, 1868-79. 2te Aufl. 1893.

KIENE, A.--_Der römische Bundesgenossenkrieg nach den Quellen
bearbeitet_. Leipzig, 1845.

KLEES, E.--_Atilius Saranus oder Serranus_ (Pauly-Wissowa,
Real-Encyclopädie der classischen Altertumswissenschaft, p. 2094).

KOEPP, F.--_De Attali III. patre_ (Rheinisches Museum für Philologie.
N. F. Bd. xlviii., 1893, p. 154).

KRAUSE, J. H.--_Deinokrates oder Hütte, Haus und Palast, Dorf, Stadt
und Residenz der alten Welt_. Jena, 1863.

LAU, T.--_Lucius Cornelius Sulla. Eine Biografie_, Hamburg, 1855.

LONG, G.--_The Decline of the Roman Republic_. London, 1864-74.

MAHAFFY, J. P.--_The Slave Wars against Rome_ (Hermathena, 1890).
----_The Work of Mago on Agriculture (ibid.)_.

MARQUARDT, J.--_Das Privatleben der Römer_. Leipzig, 1879. 2te Aufl.,
besorgt von A. Mau. Leipzig, 1886.
----_Römische Staatsverwaltung_. Bd. i., 2te Aufl., 1881. Bd. ii.,
2te Aufl., besorgt von H. Dessau und A. von Domaszewski, 1884.
Leipzig.

MEINEL, G.--_Zur Chronologie des Jugurthinischen Krieges_. Augsburg,
1883.

MERCIER, E.--_La population indigène de l'Afrique sous la domination
Romaine, Vandale et Byzantine_ (Recueil des notices et mémoires de
la société archéologique du département de Constantine, vol. xxx.;
3e série, vol. ix., p, 127. 1895-6. Constantine, 1897).

MEYER, P.--_Der römische Konkubinat, nach den Rechtsquellen und den
Inschriften_. Leipzig, 1895.

MIDDLETON, J. H., and SMITH, W.--_Domus_ (Smith, Dictionary of Greek
and Roman Antiquities, 3rd ed., i., p. 604. London, 1890).

MITTEIS, L.--_Zur Geschichte der Erbpacht im Alterthum_ (Abhandlungen
der philologisch-historischen Classe der Königl. Sächsischen
Gesellschaft der Wissenschaften. Bd. xx., No. iv. Leipzig, 1901).

MOMMSEN, TH.--_Festi codicis quaternionem decimum sextum denuo edidit
Th. Mommsen_ (Abhandlungen der Königl. Akademie der Wissenschaften
zu Berlin. Philologische und historische Abhandlungen, 1864, p,
57).
----_Geschichte des römischen Münzwesens_. Berlin, 1860.
----_The History of Rome_, translated by W. P. Dickson, London
(Edinburgh.), 1894.
----_Römische Forschungen_, Bde. i, ii. (Bd. i., 2te Aufl.). Berlin,
1864, 1879.
----_Römisches Staatsrecht_. Leipzig, 1887-8.
----_Die römischen Tribus in administrativer Beziehung_. Altona, 1844.
----_Zama_ (Hermes, xx., 1885, p, 144).

MOVERS, F. C.--_Die Phönizier_. Bonn und Berlin, 1841-56.

MUELLER, L. _Numismatique de l'ancienne Afrique_. Copenhague, 1860-2.
Supplément, 1874.

NEUMANN, C.--_Geschichte Roms während des Verfalles der Republik_,
Breslau, 1881-4.

NIESE, B.--_Das sogenannte Licinisch-sextische Ackergesetz_ (Hermes,
xxiii., 1888).

NITZSCH, K. W.--_Die Gracchen und ihre nächsten Vorgänger, vier Bücher
römischer Geschichte_. Berlin, 1847.

OVERBECK, J.--_Pompeii in seinen Gebäuden, Alterthümern und
Kunstwerken ... dargestellt_. Leipzig, 1856. 2te Aufl. 2 Bde.,
1866. 4te im Vereine mit A. Man durchgearbeitete und vermehrte
Aufl., 1884.

PETER, C. _Geschichte Roms_. 4te verbesserte Aufl. Halle-a.-S., 1881.

POEHLMANN, R.--_Geschichte des antiken Kommunismus und Sozialismus_.
München, 1893-1900.

RAMSAY, W. M.--_The Cities and Bishoprics of Phrygia_. Oxford, 1895-7.

REIN, W.--_Das Criminalrecht der Römer von Romulus bis auf
Justinianus_, Leipzig, 1844.

REINACH, TH.--_Mithridate Eupator, roi du Pont_. Paris, 1890.

RICHTER, O.--_Topographie der Stadt Rom_. 2te Aufl. München, 1901.

RUDORFF, A.A.F.--_Das Ackergesetz des Sp. Thorius wiederhergestellt und
erläutert_ (Zeitschr. für geschichtliche Rechtswissenschaft. Bd. x.
Berlin, 1839).

SCHAEFER, A.--On Orosius, v., 9, 6 (_Mamertium oppidum_) (Jahrbücher für
classische Philologie, 1873, p. 71).
----On Plutarch, _Ti. Gracch_. II ([Greek: _Mallios kai phoulbios_])
(ibid.).

SCHMIDT, J.--_Zama_ (Rheinisches Museum für Philologie. N. F. Bd.
xliv., 1889, p. 397).

SMITH, W. and WILKINS, A.S.--_Frumentariae Leges_ (Smith, Dictionary of
Greek and Roman Antiquities, 3rd. ed., i. p. 877. London, 1890).

SOLTAU, W.--_Das Aechtheit des licinischen Ackergesetzes von 367 v.
Chr_. (Hermes, xxx., 1895),
---- _Roms Kultur_ (Kulturgeschichte des klassischen Altertums, p.
190. Leipzig, 1897).

STEINWENDER, TH.--_Die Römische Bürgerschaft in ihrem Verhältniss zum
Heere_. Danzig, 1888.

STRACHAN-DAVIDSON, J.L.--_Appian, Civil Wars_. Book i., edited with
notes and map. Oxford, 1902.

SUMMERS, W.C.--_C. Sallusti Crispi Jugurtha_, edited with introduction,
notes and index. Cambridge, 1902.

THÉDENAT, H.--_Ergastulum_ (Daremberg-Saglio, Dictionnaire des
Antiquités Grecques et Romaines).

TISSOT, C.--_Géographie comparée de la province Romaine d'Afrique_.
Tome i., Paris, 1884. Tome ii. (ouvrage publié d'après le manuscrit
de l'auteur avec des notes, des additions et un atlas par Salomon
Reinach), 1888.

UNDERHILL, G.E.--_Plutarch's Lives of the Gracchi_, edited, with
introduction, notes and indices. Oxford, 1892.

USSING, J.L.--_Pergamos, seine Geschichte und Monumente_, nach der
dänischen Ausgabe neu bearbeitet. Berlin, 1899.

VOIGT, M.--_Ueber die Bankiers, die Buchführung und die
Litteralobligation der Römer_ (Abhandlungen der
philologisch-historischen Classe der Königl. Sächsischen
Gesellschaft der Wissenschaften. Bd. x. Leipzig, 1887).
---- _Ueber die staatsrechtliche Possessio und den Ager Compascuus der
römischen Republik_ (ibid.).
---- _Privataltertümer und Kulturgeschichte_ (Handbuch der klassischen
Altertumswissenschaft, herausg. von Iwan von Mueller. Bd. iv., abt.
ii., 2te Aufl. München, 1893).

WADDINGTON, W.H.--_Fastes des provinces Asiatiques de l'Empire Romain
depuis leur origine jusqu'au règne de Dioclétien. Ch. ii., Province
d'Asie_ (Voyage Archéologique en Grèce et en Asie Mineure, par P.
Le Bas et W.H. Waddington. Vol. iii., p. 661. Paris, 1870).

WALLON, H.--_Histoire de l'esclavage dans l'antiquité_. 2nd edit.
Paris, 1879.

WALTZING, J.P.--_Étude historique sur les corporations professionnelles
chez les Romains depuis les origines jusqu'à la chute de l'Empire
d'Occident_. Louvain, 1899-1900.

WILCKEN, U.--_Attalos III_. (Pauly-Wissowa, Real-Encyclopädie der
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ZUMPT, A.W.--_Das Criminalrecht der römischen Republik_. Berlin, 1865-9.

FOOTNOTES:

[1] The average, or at least the most powerful, type of a race is
stamped on its history. It is perhaps needless to say that no
generalisations on character apply to all its individual members.

[2] Even the Hellenes of the West are only a partial exception. It is
true that their cities clung to the coast; but the vast inland
possessions of states like Sybaris are scarcely paralleled elsewhere in
the history of Greek colonisation.

[3] The Latin colony of Aquileia was settled in the former year (Liv.
xl. 34 Vellei. 1. 15), the Roman colony of Auximum in the latter
(Vellei. l.c.).

[4] Cic. _de Leg. Agr_. ii. 27. 73 Est operae pretium diligentiam
majorum recordari, qui colonias sic idoneis in locis contra suspicionem
periculi collocarunt, ut esse non oppida Italiae, sed propugnacula
imperii viderentur.

[5] Liv. xxvii. 38; xxxvi. 3; cf. Marquardt _Staatsverwaltung_ 1. p. 51.

[6] The Roman citizen, who entered his name for a Latin colony, suffered
the derogation of _caput_ which was known to the later jurists as
_capitis deminutio minor_ and expressed the loss of _civitas_ (Gaius i.
161; iii. 56). That a fine was the alternative of enrolment, hence
conceived as voluntary, we are told by Cicero (_pro Caec_. 33. 98 Aut
sua voluntate aut legis multa profecti sunt: quam multam si sufferre
voluissent, manere in civitate potuissent. Cf. _pro Domo_ 30. 78 Qui
cives Romani in colonias Latinas proficiscebantur, fieri non poterant
Latini, nisi erant auctores acti nomenque dederant).

[7] Liv. xxxix. 23.

[8] Liv. xxxvii. 4.

[9] Liv. xlii. 32 Multi voluntate nomina dabant, quia locupletes
videbant, qui priore Macedonico bello, aut adversus Antiochum in Asia,
stipendia fecerant.

[10] For the assignations _viritim_ in the times of the Kings see Varro
_R.R_. i. 10 (Romulus); Cic. _de Rep_. ii. 14. 26 (Numa); Liv. 1. 46
(Servius Tullius). That the Cassian distribution was to be [Greek: _kat
andra_] is stated by Dionysius (viii. 72, 73). On the whole subject see
Mommsen in C.I.L. i. p. 75. He has made out a good case for the land
thus assigned being known by the technical name of _viritanus ager_. See
Festus p. 373; Siculus Flaccus p. 154 Lachm. We shall find that this was
the form of distribution effected by the Gracchi.

[11] For the settlement in the land of the Volsci see Liv. v. 24; for
that made by M. Curius in the Sabine territory, Colum. i. praef. 14;
[Victor] _de Vir. Ill_. 33.

[12] Cato ap. Varr. _R.R_. i. 2. 7 Ager Gallicus Romanus vocatur, qui
viritim cis Ariminum datus est ultra agrum Picentium; cf. Cic. _Brut_.
14. 57; _de Senect_. 4. 11; Val. Max. v. 4. 5.

[13] Liv. xlii. 4 (173 B.C.); cf. xli. 16.

[14] The other sources were the _portoria_ and the _vicesima libertatis_.
Even at a period when the revenues from the provinces were infinitely
larger than they were at the present time Cicero could write, with
reference to Caesar's proposal for distributing the Campanian land,
Portoriis Italiae sublatis, agro Campano divisor, quid vectigal superest
domesticum praeter vicensimam? (Cic. _ad Att_. ii. 16. i).

[15] See the map attempted by Beloch in his work _Der Italische Bund
unter Roms Hegemonie_.

[16] Vellei. ii. 7. See ch. iv., where the attitude of the senate
towards the proposals for transmarine settlement made by Caius Gracchus
is described.

[17] Polyb. xxxii. 11.

[18] Besides the continued war in Spain from 145 to 133 there were
troubles in Macedonia (in 142) and in Sicily during this period of
comparative peace. _Circa_ 140-135 commences the great slave rising in
that island, and in the latter year the long series of campaigns against
the free Illyrian and Thracian peoples begins.

[19] The _officia_ of the _villicus_ have become very extensive even in
Cato's time (Cato _R.R_. 5). Their extent implies the assumption of
very prolonged absences on the part of the master.

[20] Lucullus paid 500,200 drachmae for the house at Misenum which had
once belonged to Cornelia. She had purchased it for 75,000 (Plut. _Mar_.
34). Marius had been its intermediate owner. Even during his occupancy
it is described as [Greek: _polytelaes oikia tryphas echousa kai diaitas
thaelyteras hae kat andra polemon tosouton kai strateion autourgon_.]

[21] Diod. xxxvii. 3.

[22] Sulla rented one of the lower floors for 3000 sesterces (Plut.
_Sulla_ 1).

[23] The _coenaculum_ is mentioned by Livy (xxxix. 14) in connection
with the year 186 B.C. It is known both to Ennius (ap. Tertull. _adv_.
Valent. 7) and to Plautus (_Amph_. iii. 1. 3).

[24] Festus p. 171. The _insula_ resembled a large hotel, with one or
more courts, and bounded on all sides by streets. See Smith _Dict. of
Antiq_. (3rd ed.) i. p. 665.

[25] Val. Max. viii. 1. damn. 7 Admodum severae notae et illud populi
judicium, cum M. Aemilium Porcinam (consul 137 B.C.) a L. Cassio (censor
125 B.C.) accusatum crimine nimis sublime extructae villae in Alsiensi
agro gravi multa affecit. The author does not sufficiently distinguish
between the censorian initiative and the operation of the law. The
passage is important as showing the existence of an enactment on the
height of buildings. See Voigt in Iwan-Müller's _Handbuch_ iv. 2, p.
394, and cf. Vellei. ii. 10. Augustus limited the height of houses to
70 feet (Strabo v. p. 235).

[26] Diodor. v. 40 (The Etruscans) [Greek: _en ... tais oikiais ta
peristoa pros tas ton therapeuonton ochlon tarachas exeuron
euchraestian_.] See Krause _Deinokrates_ p. 528.

[27] In spite of the plural form _fauces_ (Vitruv. vi. 3. 6) may denote
only a single passage. See Marquardt _Privatl_. p. 240; Smith and
Middleton in Smith _Dict. of Antiq_. i. p. 671.

[28] For this _atriensis_, the English butler, the continental porter,
see the frequent references in Plautus (e.g., _Asin_. ii. 2. 80 and 101;
_Pseud_. ii. 2. 15), Krause _Deinokrates_ p. 534 and Marquardt
_Privatl_. p. 140.

[29] Plin. _H.N_. xxxv. 6 Stemmata vero lineis discurrebant ad imagines
pictas. It is not known at what period the _imagines_ were transferred
from the Atrium to the Alae.

[30] Overbeck _Pompeii_ p. 192; Krause _Deinokrates_ p. 539.

[31] For the practice started, or developed, by Caius Gracchus of
receiving visitors, some singly, others in smaller or larger groups, see
Seneca _de Ben_. vi. 34. 2 and the description of Gracchus' tribunate in
chapter iv.

[32] Festus p. 357 (according to Mommsen, Abh. der Berl. Akad.
Phil.-hist. Classe, 1864 p. 68). Tablinum proxime atrium locus dicitur,
quod antiqui magistratus in suo imperio tabulis rationum ibi habebant
publicarum rationum causa factum locum; Plin. _H.N_. xxxv. 7 Tabulina
codicibus implebantur et monimentis rerum in magistratu gestarum.
Marquardt, however (_Privatl_. p. 215) thinks that the name _tablinum_
is derived from the fact that this chamber was originally made of planks
(_tablinum_ from _tabula_, as _figlinum_ from _figulus_).

[33] The earliest instances of extreme extravagance in the use of
building material--of the use, for instance, of Hymettian and Numidian
marble--are furnished by the houses of the orator Lucius Licinius
Crassus (built about 92 B.C.) and of Marcus Aemilius Lepidus, consul in
78 B.C. This growth of luxury will be treated when we come to deal with
the civilisation of the Ciceronian period.

[34] As Krause expresses it (_Deinokrates_ p. 542), at the final stage
we find a Greek "Hinterhaus" standing behind an old Italian
"Vorderhaus".

[35] The case mentioned by Juvenal (xi. 151)

Pastoris duri hic est filius, ille bubulci.
Suspirat longo non visam tempore matrem,
Et casulam, et notos tristis desiderat haedos,

must have been of frequent occurrence as soon as the urban and rustic
_familiae_ had been kept distinct.

[36] Suetonius says (_de Rhet_. 3) of L. Voltacilius Pilutus, one of the
teachers of Pompeius, Servisse dicitur atque etiam ostiarius vetere more
in catena fuisse.

[37] For these _atrienses, atriarii, admissionales, velarii_ see Wallon
_Hist. de l'Esclavage_ ii. p. 108.

[38] Diod. xxxvii. 3; Sallust (_Jug_. 85) makes Marius say (107 B.C.)
Neque pluris pretii coquum quam villicum habeo. Livy (xxxix. 6) remarks
with reference to the consequences of the return of Manlius' army from
Asia in 187 B.C. Tum coquus, vilissimum antiquis mancipium et
aestimatione et usu, in pretio esse; et, quod ministerium fuerat, ars
haberi coepta.

[39] Plin. _H.N_. xviii. 108 Nec coquos vero habebant in servitiis
eosque ex macello conducebant. The practice is mentioned by Plautus
(_Aul_. ii. 4. 1; iii. 2. 15).

[40] _Condus promus_ (Plaut. _Pseud_. ii. 2. 14).

[41] Wallon op. cit. ii. p. 111.

[42] C. Gracchus ap. Gell. x. 3. 5.

[43] Polyb. xxxii. 11; Diodor. xxxvii. 3.

[44] Diod. l.c.

[45] Plin. _H.N_. xxxiii. 143 Invenimus legatos Carthaginiensium
dixisse nullos hominum inter se benignius vivere quam Romanos. Eodem
enim argento apud omnes cenitavisse ipsos.

[46] Val. Max. ii. 9, 3.

[47] Plin. _H.N_. xxxiii. 141.

[48] Vellei. i. 13.

[49] Polyb. xl. 7.

[50] Liv. xxxix. 6 Lectos aeratos ... plagulas ... monopodia et abacos
Romam advexerunt. Tunc psaltriae sambucistriaeque et convivalia ludionum
oblectamenta addita epulis. Cf. Plin, _H.N_. xxxiv. 14.

[51] Polyb. ix. 10 [Greek: _Rhomaioi de metakomisantes ta proeiraemena
tais men idiotikais kataskenais tous auton ekosmaesan bious, tais de
daemosiais ta koina taes poleos_.] Another great raid was that made by
Fulvius Nobilior in 189 B.C. on the art treasures of the Ambraciots
(Signa aenea marmoreaque et tabulae pictae, Liv. xxxviii. 9).

[52] Plin. _H.N_. xv. 19 Graeci vitiorum omnium genitores.

[53] Cic. _pro Arch_. 3. 5 Erat Italia tum plena Graecarum artium ac
disciplinarum ... Itaque hunc (Archiam) et Tarentini et Regini et
Neapolitani civitate ceterisque praemiis donarunt: et omnes, qui aliquid
de ingeniis poterant judicare, cognitione atque hospitio dignum
existimarunt.

[54] Cic. _de Rep_. ii. 19. 34 Videtur insitiva quadam disciplina
doctior facta esse civitas. Influxit enim non tenuis quidam e Graecia
rivulus in hanc urbem, sed abundantissimus amnis illarum disciplinarum
et artium. Cicero is speaking of the very earliest Hellenic influences
on Rome, but his description is just as appropriate to the period which
we are considering.

[55] Plut. _Paul_. 28.

[56] Sulla brought back the library of Apellicon of Teos, Lucullus the
very large one of the kings of Pontus (Plut. _Sulla_ 26; _Luc_. 42;
Isid. _Orig_. vi. 5). Lucullus allowed free access to his books. Here we
get the germ of the public library. The first that was genuinely public
belongs to the close of the Republican era. It was founded by Asinius
Pollio in the Atrium Libertatis on the Aventine (Plin. _H.N_. vii. 45;
Isid. _Orig_. vi. 5).

[57] Macrob. _Sat_. iii. 14. 7.

[58] Dionys. vii. 71.

[59] They had made contributions in 186 B.C. towards the games of Scipio
Asiaticus (Plin. _H.N_. xxxiii. 138).

[60] Livy (xl. 44) after describing the _senatus consultum_, in which
occur the words Neve quid ad eos ludos arcesseret, cogeret, acciperet,
faceret adversus id senatus consultum, quod L. Aemilio Cn. Baebio
consulibus de ludis factum esset, adds Decreverat id senatus propter
effusos sumptus, factos in ludos Ti. Sempronii aedilis, qui graves non
modo Italiae ac sociis Latini nominis sed etiam provinciis
externis fuerant.

[61] The effect was still worse when a rich man avoided it. Cic. _de
Off_. ii. 17. 58. Vitanda tamen suspicio est avaritiae. Mamerco, homini
divitissimo, praetermissio aedilitatis consulatus repulsam attulit.
Sulla said that the people would not give him the praetorship because
they wished him to be aedile first. They knew that he could obtain
African animals for exhibition (Plut. _Sulla_ 5).

[62] Cic. _in Verr_. v. 14. 36.

[63] Liv. x. 47; xxvii. 6.

[64] Liv. xxiii. 30.

[65] Liv. xxx. 39.

[66] Plin. _H.N_. xviii. 286.

[67] Mommsen _Röm. Münzw_. p. 645.

[68] Liv. xxxvi. 36. On these festivals see Warde Fowler _The Roman
Festivals_ pp. 72. 91. 70. The _Megalesia_ seem to have fallen to the
lot of the curule aediles (Dio. Cass. xliii. 48), the others to have
been given indifferently by either pair.

[69] Val. Max. ii. 4-7; Liv. _Ep_. xvi. It was exhibited in the Forum
Boarium by Marcus and Decimus Brutus at the funeral of their father.

[70] Compare Livy's description (xli. 20) of the adoption of Roman
gladiatorial shows by Antiochus Epiphanes--Armorum studium plerisque
juvenum accendit.

[71] Polyb. xxx. 13.

[72] Liv. xxxix. 22.

[73] Liv. xliv. 18.

[74] Dig. 21. 1. 40-42 (from the edict of the curule aediles) Ne quis
canem, verrem vel minorem aprum, lupum, ursum, pantheram, leonem ... qua
vulgo iter fiet, ita habuisse velit, ut cuiquam nocere damnumve
dare possit.

[75] Cic. _de Off_. ii. 17. 60 Tota igitur ratio talium largitionum
genere vitiosa est, temporibus necessaria. He adds the pious but
unattainable wish Tamen ipsa et ad facultates accomodanda et
mediocritate moderanda est. Compare the remarks of Pöhlmann on the
subject in his _Geschichte des antiken Communismus und Sozialismus_ ii.
2. p. 471.

[76] Mommsen _Staatsr_. ii., p. 382.

[77] Plut, _Ti. Gracch_. 14.

[78] Liv. xxxix. 44; Plut, _Cat. Maj_. 18.

[79] Nitzsch _Die Gracchen_, p. 128.

[80] Cic. _de Off_. ii. 22. 76 (Paullus) tantum in aerarium pecuniae
invexit, ut unius imperatoris praeda finem attulerit tributorum. A
deterrent to luxury could still have been created by imposing heavy
harbour-dues on articles of value; but this would have required
legislation. Nothing is known about the Republican tariff at Italian
ports. The percentage may have been uniform for all articles.

[81] Liv. xxxiv. cc. 1-8; Val. Max. ix. 1. 3; Tac. _Ann_. iii. 33.

[82] Macrob. _Sat_. iii. 17; Festus pp. 201, 242; Schol. Bob. p. 310;
Meyer _Orat. Rom. Fragm_. p. 91.

[83] This date (161) is given by Pliny (_H.N_. x. 139); Macrobius
(_Sat_. iii. 17. 3) places the law in 159.

[84] Gell. ii. 24; Macrob. _Sat_. iii. 17; Plin. _H.N_. x. 139;
Tertull. _Apol_. vi. The ten asses of this law are the Fanni centussis
misellus of Lucilius.

[85] It seems that we must assume formal acceptance on the part of the
allies in accordance with the principle that Rome could not legislate
for her confederacy, a principle analogous to that which forbade her to
force her franchise on its members (Cic. _pro Balbo_ 8, 20 and 21).

[86] We may compare the enactment of 193 B.C., which was produced by the
discovery that Roman creditors escaped the usury laws by using Italians
as their agents (Liv. xxxv. 7 M. Sempronius tribunus plebis ... plebem
rogavit plebesque scivit ut cum sociis ac nomine Latino creditae
pecuniae jus idem quod cum civibus Romanis esset).

[87] The _Lex Licinia_, which is attributed by Macrobius (l.c.) to P.
Licinius Crassus Dives, perhaps belongs either to his praetorship (104
B.C.) or to his consulship (97 B.C.).

[88] Gellius (ii. 24), in speaking of Sulla's experiments, says of the
older laws Legibus istis situ atque senio obliteratis.

[89] _Exaequatio_ (Liv. xxxiv. 4).

[90] Cic. _de Rep_. iii. g. 16; see p. 80.

[91] Compare Tac. _Ann_. iii. 53. The Emperor Tiberius here speaks of
Illa feminarum propria, quis lapidum causa pecuniae nostrae ad externas
aut hostilis gentes transferuntur.

[92] The prohibition belongs to the year 229 B.C. (Zonar. viii. 19). For
other prohibitions of the same kind dating from, a period later than
that which we are considering see Voigt in Iwan-Müller's _Handbuch_ iv.
2, p. 376 n. 95.

[93] Earlier enactments had been directed against canvassing, but not
against bribery. The simplicity of the fifth century B.C. was
illustrated by the law that a candidate should not whiten his toga with
chalk (Liv. iv. 25; 433 B.C.). The _Lex Poetelia_ of 358 B.C. (Liv. vii.
16) was directed against personal solicitation by _novi homines_. Some
law of _ambitus_ is known to Plautus (_Amph. prol. 73; cf. Trinumm_. iv.
3. 26), See Rein _Criminalrecht_ p. 706

[94] Liv. xl. 19 Leges de ambitu consules ex auctoritate senatus ad
populum tulerunt. This was the _lex Cornelia Baebia_ and that it
referred to pecuniary corruption is known from a fragment of Cato (ap.
_Non_. vii. 19, s.v. largi, Cato lege Baebia: pecuniam inlargibo tibi).

[95] Obsequens lxxi.

[96] Liv. _Ep_. xlvii.

[97] Polyb. vi. 56 [Greek: _para men Karchaedoniois dora phaneros
didontes lambanousi tas archas, para de Rhomaiois thanatos esti peri
touto prostimon_.]

[98] The position of the ruined patrician will be fully illustrated in
the following pages when we deal with the careers of Scaurus and
of Sulla.

[99] Liv. xxxiv. 52.

[100] Liv. xxxix. 7.

[101] Liv. xxxviii. 9.

[102] For the later history of the _aurum coronarium_ see Marquardt
_Staatsverw_. ii. p. 295. It was developed from the _triumphales
coronae_ (Festus p. 367) and is described as gold Quod triumphantibus
... a victis gentibus datur and as imposed by commanders Propter
concessam vitam (_al_. immunitatem) (Serv. _Ad. Aen_. viii. 721).

[103] Liv. xxi. 63 (218 B.C.) Id satis habitum ad fructus ex agris
vectandos; quaestus omnis patribus indecorus visus.

[104] It was antiqua et mortua (Cic. _in Verr_. v. 18. 45).

[105] Cicero (_Parad_. 6. 46) speaks of those Qui honeste rem quaerunt
mercaturis faciendis, operis dandis, publicis sumendis. Compare the
category of banausic trades in _de Off_, 1. 42. 150, although in the
_Paradoxa_ the contrast is rather that between honest and vicious
methods of money-making. Deloume (_Les manieurs d'argent à Rome_
pp. 58 ff.) believes that the fortune of Cicero swelled through
participation in _publica_.

[106] Plut. _Cato Maj_. 21.

[107] Plut. _Crass_. 2.

[108] Plut. _Cato Maj_. 21. Cato employed this method of training as a
means of increasing the _peculium_ of his own slaves. But even the
_peculium_ technically belonged to the master, and it is obvious that
the slave-trainer might have been used by others as a mere instrument
for the master's gain.

[109] Plat. l.c. [Greek: _haptomenos de syntonoteron porismou taen men
georgian mallon haegeito diagogaen hae prosodon_.]

[110] Plaut. _Trinumm. Prol_. 8:

Primum mihi Plautus nomen Luxuriae indidit:
Tum hanc mihi gnatam esse voluit Inopiam.

[111] Liv. xxxiv. 4 (Cato's speech in defence of the Oppian law) Saepe
me querentem de feminarum, saepe de virorum, nec de privatorum modo, sed
etiam magistratuum sumptibus audistis; diversisque duobus vitiis,
avaritia et luxuria, civitatem laborare. Compare Sallust's impressions
of a later age (_Cat_. 3) Pro pudore, pro abstinentia, pro virtute,
audacia, largitio, avaritia vigebant.

[112] Polyb. vi. 56.

[113] Polyb. xxiv. 9.

[114] Cato ap. Gell. xi. 18. 18. The speech was one De praeda
militibus dividenda.

[115] We first hear of a standing court for _peculatus_ in 66 B.C. (Cic.
_pro Cluent_. 53. 147). It was probably established by Sulla.

[116] Rein _Criminalr_. pp. 680 ff.; Mommsen _Röm. Forsch_. ii.
pp. 437 ff.

[117] Liv. xxxvii. 57 and 58 (190 B.C.).

[118] See especially the case of Pleminius, Scipio's lieutenant at Locri
(204 B.C.), who, after a committee had reported on the charge, was
conveyed to Rome but died in bonds before the popular court had
pronounced judgment (Liv. xxix. 16-22).

[119] Liv. xlii. 1 (173 B.C.) Silentium, nimis aut modestum aut timidum
Praenestinorum, jus, velut probato exemplo, magistratibus fecit
graviorum in dies talis generis imperiorum.

[120] For such requisitions see Plut. _Cato Maj_ 6 (of Cato's government
of Sardinia) [Greek: _ton pro autou strataegon eiothoton chraesthai kai
skaenomasi daemosiois kai klinais kai himatiois, pollae de therapeia kai
philon plaethei kai peri deipna dapanais kai paraskeuais barhynonton_.]

[121] Liv. xxxii. 27 Sumptus, quos in cultum praetorum socii facere
soliti erant, circumcisi aut sublati (198 B.C.).

[122] The _Lex de Termessibus_ (a charter of freedom given to Termessus
in Pisidia in 71 B.C.) enjoins (ii. l. 15) Nei ... quis magistratus ...
inperato, quo quid magis iei dent praebeant ab ieisve auferatur nisei
quod eos ex lege Porcia dare praebere oportet oportebit. This Porcian
law was probably the work of Cato (Rein _Criminalr_. p. 607).

[123] Liv. xxxviii. 43; xxxix. 3; Rein, l.c.

[124] Liv. xliii. 2.

[125] Cic. _Brut_. 27. 106; _de Off_. ii. 21. 75; cf. _in Verr_.
iii. 84. 195; iv. 25. 56.

[126] Liv. xli. 15. (176 B.C.) Duo (praetores) deprecati sunt ne in
provincias irent, M. Popillius in Sardiniam: Gracchum eam provinciam
pacare &c.... Probata Popillii excusatio est. P. Licinius Crassus
sacrificiis se impediri sollemnibus excusabat, ne in provinciam iret.
Citerior Hispania obvenerat. Ceterum aut ire jussus aut jurare pro
contione sollemni sacrificio se prohiberi.... Praetores ambo in eadem
verba jurarunt. I have seen the passage cited as a proof that governors
would not go to unproductive provinces; but Sardinia was a fruitful
sphere for plunder, and the excuses may have been genuine. That of
Popillius seems to have been positively patriotic.

[127] Liv. xlii. 45 Decimius unus sine ullo effectu, captarum etiam
pecuniarum ab regibus Illyriorum suspicione infamis, Romam rediit.

[128] Cic. _in Verr_. v. 48. 126 (70 B.C.) Patimur ... multos jam annos
et silemus cum videamus ad paucos homines omnes omnium nationum pecunias
pervenisse.

[129] For the principle see Gaius iii. 151-153.

[130] Polybius (vi. 17), after speaking of various kinds of property
belonging to the state, adds [Greek: _panta cheirizesthai symbainei ta
proeiraemena dia tou plaethous, kai schedon hos epos eipein pantas
endedesthai tais onais kai tais ergasiais tais ek touton_].

[131] Polyb. vi. 17. The senate can [Greek: _symptomatos genomenou
kouphisai kai to parapan adynatou tinos symbantos apolysai taes
ergonias_]. Thus the senate invalidated the _locationes_ of the censors
of 184 B.C. (Liv. xxxix. 44 Locationes cum senatus precibus et lacrimis
publicanorum victus induci et de integro locari jussisset.)

[132] In 169 B.C. it was the people that released from an oppressive
regulation (Liv. xliii. 16). In this case a tribune answered the
censor's intimation, that none of the former state-contractors should
appear at the auction, by promulgating the resolution Quae publica
vectigalia, ultro tributa C. Claudius et Ti. Sempronius locassent, ea
rata locatio ne esset. Ab integro locarentur, et ut omnibus redimendi et
conducendi promiscue jus esset.

[133] Deloume op. cit. pp. 119 ff. Polybius (vi. 17) has been quoted
as an authority for the distinction between these two classes. He says
[Greek: _oi men gar agorazousi para ton timaeton autoi tas ekdoseis, oi
de koinonousi toutois, oi d' enguontai tous aegorakotas, oi de tas
ousias didoasi peri touton eis to daemosion_.] The first three classes
are the _mancipes, socii and praedes_. In the fourth the shareholders
(_participes_ or perhaps _adfines_, cf. Liv. xliii. 16) are found by
Deloume (p. 120); but the identification is very uncertain. The words
may denote either real as opposed to formal security or the final
payment of the _vectigal_ into the treasury. A better evidence for the
distinction between _socii_ and shareholders is found in the
Pseudo-Asconius (in Cic. _in Verr_. p. 197 Or.) Aliud enim socius, Aliud
particeps qui certam habet partem et non _in_divise agit ut socius. The
_magnas partes_ (Cic. _pro Rab_. Post. 2. 4) and the _particulam_ (Val.
Max. vi. 9. 7) of a _publicum_, need only denote large or small shares
held by the _socii_. _Dare partes_ (Cic. l.c.) is to "allot shares," but
not necessarily to outside members. Apart from the testimony of the
Pseudo-Asconius and the mention of _adfines_ in Livy the evidence for
the ordinary shareholder is slight but by no means fatal to his
existence.

[134] E.g. by loan to a _socius_ at a rate of interest dependent on his
returns, perhaps with a _pactum de non petendo_ in certain
contingencies.

[135] These are, in strict legal language, the true _publicani_; the
lessees of state property are _publicanorum loco_ (Dig. 39. 4, 12
and 13).

[136] Later legal theory assimilated the third with the first class.
Gaius says (ii. 7) In eo (provinciali) solo dominium populi Romani est
vel Caesaris, nos autem possessionem tantum vel usumfructum habere
videmur. But the theory is not ancient-perhaps not older than the
Gracchan period. See Greenidge _Roman Public Life_ p. 320. From a broad
standpoint the first and second classes may be assimilated, since the
payment of harbour dues (_portoria_) is based on the idea of the use of
public ground by a private occupant.

[137] _Cic. de Leg. Agr_. ii. 31. 84.

[138] Thédenat in Daremberg-Saglio _Dict. des Antiq. s.v_. Ergastulum.

[139] Compare Cunningham _Western Civilisation in its Economic Aspects_
vol. i. p. 162.

[140] Cic. _in Verr_. ii. 55. 137; iii. 33. 77; ii. 13. 32; 26. 63.

[141] Ibid. ii. 13. 32.

[142] Liv. xxv. 3.

[143] Liv. xxiii. 49.

[144] Liv. xxiv. 18; Val. Max. v. 6. 8.

[145] Plut. _Cato Maj_. 19.

[146] Liv. xliii. 16.

[147] Cic. _Brut_. 22. 85 Cum in silva Sila facta caedes esset notique
homines interfecti insimulareturque familia, partim etiam liberi,
societatis ejus, quae picarias de P. Cornelio, L. Mummio censoribus
redemisset, decrevisse senatum ut de ea re cognoscerent et statuerent
consules. For the value of the pine-woods of Sila see Strabo vi. 1. 9.

[148] Liv. xlv. 18 Metalli quoque Macedonici, quod ingens vectigal erat,
locationesque praediorum rusticorum tolli placebat. Nam neque sine
publicano exerceri posse, et, ubi publicanus esset, ibi aut jus publicum
vanum aut libertatem sociis nullam esse. The _praedia rustica_ were
probably public domains, that might have formed part of the crown lands
of the Macedonian Kings and would now, in the natural course of events,
have been leased to _publicani_.

[149] It might happen that the interest of the _negotiator_ was opposed
to that of the _publicanus_. The former, for instance, might wish
_portoria_ to be lessened, the latter to be increased (Cic. _ad Att_.
ii. 16. 4). But such a conflict was unusual.

[150] Cato _R.R_. pr. 1. Est interdum praestare mercaturis rem
quaerere, nisi tam periculosum sit, et item fenerari, si tam honestum
sit. Majores nostri sic habuerunt et ita in legibus posiverunt, furem
dupli condemnari, feneratorem quadrupli. Quanto pejorem civem
existimarint feneratorem quam furem, hinc licet existimare. Cf. Cic.
_de Off_. i. 42. 150. Improbantur ii quaestus, qui in odia hominum
incurrunt, ut portitorum, ut feneratorum.

[151] Cic. _de Off_. ii. 25. 89. Cum ille ... dixisset "Quid fenerari?"
tum Cato "Quid hominem," inquit, "occidere?"

[152] For such professional money-lenders see Plaut. _Most_. iii. 1. 2
ff.; _Curc_. iv. 1. 19.

[153] Liv. xxxii. 27.

[154] On the history and functions of the bankers see Voigt _Ueber die
Bankiers, die Buchführung und die Litteralobligation der Römer_ (Abh. d.
Königl. Sächs. Gesell. d. Wissench.; Phil. hist. Classe, Bd. x);
Marquardt Staatsverw, ii. pp. 64 ff.; Deloume _Les manieurs d'argent à
Rome_, pp. 146 ff.

[155] Plin. _H.N_. xxi. 3. 8.

[156] Cf. Cic. _de Off_, iii. 14. 58. Pythius, qui esset ut
argentarius apud omnes ordines gratiosus....

[157] Yet the two never became thoroughly assimilated. The
_argentarius_, for instance, was not an official tester of money, and
the _nummularii_ appear not to have performed certain functions usual to
the banker, e.g. sales by auction. See Voigt op. cit. pp. 521. 522.

[158] Plaut. _Cure_. iv. 1. 6 ff.

Commonstrabo, quo in quemque hominem facile inveniatis loco.
* * * * *
Ditis damnosos maritos sub basilica quaerito.
Ibidem erunt scorta exoleta, quique stipulari solent.
* * * * *
In foro infumo boni homines, atque dites ambulant.
Sub veteribus, ibi sunt qui dant quique accipiunt faenore.

[159] To be bankrupt is _foro mergi_ (Plaut. _Ep_. i. 2. 16), _a foro
fugere, abire_ (Plaut. _Pers_. iii. 3. 31 and 38).

[160] Cic. _de Off_. ii. 24. 87. Toto hoc de genere, de quaerenda, de
collocanda pecunia, vellem etiam de utenda, commodius a quibusdam
optumis viris ad Janum medium sedentibus ... disputatur. For _Janus
medius_ and the question whether it means an arch or a street see
Richter _Topogr. der Stadt Rom_. pp. 106. 107.

[161] Liv. xxxix. 44; xliv. 16. The Porcian was followed by the Fulvian
Basilica (Liv. xl. 51). The dates of the three were 184, 179, 169 B.C.
respectively.

[162] Deloume op. cit. pp. 320 ff.; Guadet in Daremberg-Saglio _Dict.
des Antiq. s.v_. Basilicae.

[163] Large transport ships could themselves come to Rome if their build
was suited to river navigation. In 167 B.C. Aemilius Paulus astonished
the city with the size of a ship (once belonging to the Macedonian King)
on which he arrived (Liv. xlv. 35). On the whole question of this
foreign trade see Voigt in Iwan-Müller's _Handbuch_ iv. 2, pp. 373-378.

[164] Voigt op. cit. p. 377 n. 99.

[165] Compare Cunningham _Western Civilisation in its Economic Aspects_
vol. i. p. 165, "It is only under very special conditions, including the
existence of a strong government to exercise a constant control, that
free play for the formation of associations of capitalists bent on
securing profit, is anything but a public danger. The landed interest in
England has hitherto been strong enough to bring legislative control to
bear on the moneyed men from time to time.... The problem of leaving
sufficient liberty for the formation of capital and for enterprise in
the use of it, without allowing it licence to exhaust the national
resources, has not been solved."

[166] Plut. Numa 17. On the history of these gilds see Waltzing
_Corporations professionelles chez les Remains_ pp. 61-78.

[167] The praetor was Rutilius (Ulpian in Dig. 38. 2. 1. 1), perhaps P.
Rutilius Rufus, the consul of 105 B.C. (Mommsen Staatsr. in. p. 433).
See the last chapter of this volume. For the principle on which such
_operae_ were exacted from freedmen see Mommsen l.c.

[168] Inliberales ac sordidi quaestus (Cic. _de Off_. i. 42. 150).

[169] Gell. vii. (vi.) 9; Liv. ix. 46; Mommsen _Staatsr_. i. p. 497.

[170] Cf. Cic. _de Off_. i. 42. 151 Omnium autem rerum, ex quibus
aliquid adquiritur, nihil est agricultura melius, nihil uberius, nihil
dulcius, nihil homine libero dignius.

[171] See de Boor _Fasti Censorii_. A disturbing element in this
enumeration is the uncertainty of numerals in ancient manuscripts. But
the fact of the progressive decline is beyond all question. No
accidental errors of transcription could have produced this result in
the text of Livy's epitome.

[172] Liv. _Ep_. xvi.

[173] Ibid. lvi.

[174] Ibid. xlvi. xlviii.

[175] Euseb. Arm. a. Abr. 1870 Ol. 158.3 (Hieron. Ol. 158.2 = 608
A.U.C.).

[176] Liv. _Ep_. lvi.

[177] Eorum qui arma ferre possent (Liv. i. 44); [Greek: _ton echonton
taen strateusimon haelikian] (Dionys. xi. 63); [Greek: ton en tais
haelikiais_] (Polyb. ii. 23).

[178] Besides the _proletarii_ all under military age would be excluded
from these lists. Mommsen (_Staatsr_. ii. p. 411) goes further and
thinks that the _seniores_ are not included in our lists.

[179] The limit to the incidence of taxation was a property of 1500
asses (Cic. _de Rep_. ii. 22. 40), the limit of census for military
service was by the time of Polybius reduced to 4000 asses (Polyb. vi.
19). Gellius (xvi. 10. 10) gives a reduction to 375 asses at a date
unknown but preceding the Marian reform. Perhaps the numerals are
incorrect and should be 3,750.

[180] Liv. xl. 38.

[181] Gell. i. 6. Cf. Liv. _Ep_. lix.

[182] See Wallon _Hist. de l'Esclavage_ ii. p. 276.

[183] _Concubinatus_ could not, by the nature of the case, become a
legal conception until the Emperor Augustus had devised penalties for
_stuprum_. It was then necessary to determine what kind of _stuprum_ was
not punishable. But the social institution and its ethical
characteristics, although they may have been made more definite by legal
regulations, could not have originated in the time of the Principate.
For the meaning of _paelex_ in Republican times see Meyer _Der römische
Konkubinat_ and a notice of that work in the _English Historical Review_
for July 1896.

[184] Cunningham _Western Civilisation_ p. 156. Cf. Soltau in
_Kulturgesch. des klass. Altertums_ p. 318.

[185] Plin. _H.N_. xviii. 3. 22; Varro _R.R_. i. 1. 10.

[186] Colum. 1. 1. 18. The Latin translation was probably made shortly
after the destruction of Carthage, _circa_ 140 B.C. (Mahaffy _The Work
of Mago on Agriculture_ in _Hermathena_ vol. vii. 1890). Mahaffy
believes that the Greek translation by Cassius Dionysius (Varro _R.R_.
i. 1. 10) was later, and he associates it with the colonies planted by
C. Gracchus in Southern Italy.

[187] Saturnia in 183 (Liv. xxxix. 55), Graviscae in 181 (Liv. xl. 29),
Luna in 180 and again in 177 (Liv. xli. 13; Mommsen in C.I.L. i. n.
539). See Marquardt _Staatsverw_, i. p. 39.

[188] Plut. _Ti. Gracch_. 8; Nitzsch _Die Gracchen_ p. 198.

[189] Nitzsch _Die Gracchen_ p. 198.

[190] Liv. xxxix. 29.

[191] Varro _R.R_. ii. 5. II Pascuntur armenta commodissime in
nemoribus, ubi virgulta et frons multa. Hieme secundum mare, aestu
abiguntur in montes frondosos.

[192] Nitzsch _Die Gracchen_ p. 16.

[193] Nitzsch op. cit. p. 17.

[194] Cic. _de Off_. ii. 25. 89. So in Cato's more reasoned estimate
(_R.R_. i. 7) of the relative degrees of productivity, although _vinea_
comes first (cf. p. 80) yet _pratum_ precedes _campus frumentarius_.

[195] App. _Hannib_. 61.

[196] App. l.c.; Gell. x. 3. 19.

[197] Nitzsch _Die Gracchen_ p. 193 So zerfiel denn Mittelitalien in
zwei scharf-getheilte Hälften, den ackerbauenden Westen und den
viehzuchttreibenden Osten; jener reich an Häfen, von Landstrassen
durchschnitten, in einer Menge von Colonien oder einzelnen Gehöften von
Römischen Ackerbürgern bewohnt; dieser fast ohne Häfen, nur von einer
Küstenstrasse durchschnitten, für den grossen Römer der rechte Sitz
seiner Sclaven und Heerden. Cf. p. 21. For the pasturage in Calabria
and Apulia see op. cit. pp. 13 and 193.

[198] Liv. xxviii. II; cf. Luc. _Phars_. i. 30.

[199] Dureau de la Malle (Économie Politique ii. p. 38) compares the
precept of the Roman "Quid est agrum bene colere? bene arare. Quid
secundum? arare. Tertio stercorare" with the adage of the French farmer
"Fumez bien, labourez mal, vous recueillerez plus qu'en fumant mal et en
labourant bien".

[200] See Dreyfus _Les lois agraires_ p. 97. Varro (_R.R_. i. 12. 2) is
singularly correct in his account of the nature of the disease that
arose from the _loca palustria_:--Crescunt animalia quaedam minuta, quae
non possunt oculi consequi, et per aera intus in corpus per os ac nares
perveniunt atque efficiunt difficilis morbos. The passage is cited by
Voigt (Iwan-Müller's _Handbuch_ iv. 2. p. 358) who gives a good sketch
of the evils consequent on neglect of drainage.

[201] Nitzsch _Die Gracchen_ p. 228.

[202] Polyb. xxxvii. 4.

[203] Nitzsch _Die Gracchen_ p. 237.

[204] Polyb. xxxvii. 3.

[205] Polyb. ii. 15.

[206] For such purchases from Sardinia see Liv. xxxvi. 2, from Sicily
(at a period later than that which we are considering) Cic. _in Verr_.
iii. 70, 163.

[207] Cf. Cato _R.R_. i. 3 (In choosing the situation of one's
estate) oppidum validum prope siet aut mare aut amnis, qua naves
ambulant, aut via bona celebrisque.

[208] For the traditions which assign a very early date for laws dealing
with the _ager publicus_ see the following chapter, which treats of the
legislation of Tiberius Gracchus.

[209] App, _Bell. Civ_. i. 7 [Greek: _taes de gaes taes doriktaetou
sphisin ekastote gignomenaes taen men exeirgasmenaen autika tois
oikizomenois epidiaeroun hae epipraskon hae exemisthoun, taen d' argon
ek tou polemou tote ousan, hae dae kai malista eplaethyen, ouk agontes po
scholaen dialachein, epekaerytton en tosode tois ethelousin ekponein epi
telei ton etaesion karpon_].

[210] For the evidence for this and other statements connected with the
_ager publicus_ see the citations in the next chapter.

[211] In consequence of the doubtfulness of the traditions concerning
early agrarian laws this time cannot even be approximately specified.
See the next chapter.

[212] Tradition represents the first laws dealing with the _ager
publicus (e. g_. the supposed _lex Licinia_) as earlier than the _lex
Poetelia_ of 326 B.C., which abolished the contract of _nexum_.

[213] Plut. _Ti. Gracch_. 8 [Greek: _hysteron de ton geitnionton plousion
hypoblaetois prosopois metapheronton tas misthoseis eis eautous_.]

[214] App. _Bell. Civ_. i. 7 [Greek: _oi gar plousioi ... ta ... anchou
sphisin, osa te haen alla brachea penaeton, ta men onoumenoi peithoi ta
de bia lambanontes, pedia makra anti chorion egeorgoun_.] Cf. Seneca
_Ep_. xiv. 2 (90). 39 Licet agros agris adjiciat vicinum vel pretio
pellens vel injuria.

[215] [Greek: _pedia makra_] (App. l.c.), Plin. _H.N_. xviii. 6. 35
Verumque confitentibus latifundia perdidere Italiam. (For the expression
_lati fundi_ see Siculus Flaccus pp. 157, 161). Frontinus p. 53 Per
longum enim tempus attigui possessores vacantia loca quasi invitante
otiosi soli opportunitate invaserunt, et per longum tempus inpune
commalleaverunt. For the invasion of pasturage see Frontinus p. 48 Haec
fere pascua certis personis data sunt depascenda tunc cum agri adsignati
sunt. Haec pascua multi per inpotentiam invaserunt et colunt.

[216] In spite of the fertility of the land, the native Gallic
population had vanished from most of the districts of this region as
early as Polybius' time (Polyb. ii. 35). Cf. Nitzsch _Die Gracchen_
p. 60.

[217] Val. Max. iv. 4. 6.

[218] Steinwender _Die römische Bürgerschaft in ihrem Verhältnis zum
Heere_ p. 28.

[219] App. _Bell. Civ_. i. 7.

[220] Polyb. vi. 39.

[221] Liv. xxvii. 9 (209 B.C.) Fremitus enim inter Latinos sociosque in
conciliis ortus:--Decimum annum dilectibus, stipendiis se exhaustos esse
... Duodecim (coloniae) ... negaverunt consulibus esse unde milites
pecuniamque darent.

[222] Nitzsch _Die Gracchen_ p. 194.

[223] Cato _R.R_. 144 etc.

[224] Nitzsch _Die Gracchen_ p. 187.

[225] Cato _R.R_. 5. 136.

[226] Cato _R.R_. 136 Politionem quo pacto _partiario_ dari oporteat.
In agro Casinate et Venafro in loco bono parti octava corbi dividat,
satis bono septima, tertio loco sexta; si granum modio dividet, parti
quinta. In Venafro ager optimus nona parti corbi dividat ... Hordeum
quinta modio, fabam quinta modio dividat.

[227] Nitzsch _Die Gracchen_ p. 188.

[228] Dureau de la Malle _Économie Politique_ ii. pp. 225, 226.

[229] Cato _R.R_. i. 7 Vinea est prima,... secundo loco hortus
inriguus, tertio salictum, quarto oletum, quinto pratum, sexto campus
frumentarius, septimo silva caedua, octavo arbustum, nono glandaria
silva.

[230] Cic. _de Rep_. iii. 9. 16 Nos vero justissimi homines, qui
Transalpinas gentis oleam et vitem serere non sinimus, quo pluris sint
nostra oliveta nostraeque vineae. Cf. Colum. iii. 3. 11.

[231] See Cato _R.R_. 7, 8 for the produce of the _fundus suburbanus_.
Cf. c. 1 (note 2) for the value of the _hortus inriguus_.

[232] See the citations in Voigt (Iwan-Müller's _Handbuch_ iv. 2 p.
370). Communities and corporations employed _coloni_ on their _agri
vectigales_ (Cic. _ad Fam_. xiii. 11, 1; Hygin. _de Cond. Agr_.
p. 117. 11; Voigt l.c.).

[233] Liv. xlv. 34.

[234] Mahaffy ("The Slave Wars against Rome" in _Hermathena_ no. xvi.
1890) believes that the majority of these were shipped to Sicily.

[235] Strabo xiv. 5. 2.

[236] Cf. Arist. _Pol_. i. 8. 12 [Greek: _hae polemikae physei ktaetikae
pos estai; hae gar thaereutikae meros autaes, hae dei chraesthai pros te
ta thaeria kai ton anthropon hosoi pephykotes archesthai mae thelousin,
hos physei dikaion touton onta ton polemon_.]

[237] Mahaffy (l.c.) thinks that the Syrians and Cilicians of the
first slave war in Sicily, whom he believes to have been transferred
from Carthage, had been secured by that state in a trade with the
East--the trade which perhaps took the Southern Mediterranean route from
Malta past Crete and Cyprus.

[238] Wallon _Histoire de l'Esclavage_ ii. p, 45.

[239] Strabo xiv, 3. 2 [Greek: _en Sidae goun polei taes Pamphylias ta
naupaegia synistato tois Kilixin, hypo kaeruka te epoloun ekei tous
halontas eleutherous homologountes_.]

[240] Strabo (xiv. 5. 2), after describing the slave market at Delos,
continues [Greek: _hoste kai paroimian genesthai dia touto; hempore,
katapleuson, exelou, panta pepratai_.]

[241] Plut. _Cato Maj_. 4.

[242] If we make the denarius a rough equivalent of the drachma, some of
the prices given in Plautus are as follows:--A child, 600 denarii, a
nurse and two female children, 1800, a young girl, 2000, another 3000.
Here we seem to get the average prices for valuable and refined
domestics. Elsewhere special circumstances might increase the value; a
female lyrist fetches 5000 denarii, a girl of remarkable attractions
6000. See Wallon _Hist. de l'Esclavage ii. pp. 160 ff.

[243] Ter. _Andria_ ii. 6. 26.

[244] It is probable, however, that in the case of superintendents
(_villici, villicae, procuratores_) experience may have been an element
in the prices which they fetched.

[245] Festus p. 332 Sardi venales, alius alio nequior.

[246] Plut. _Cato Maj_. 21.

[247] Cato _R.R_. 56, 57.

[248] Ibid. 2.

[249] At the close of this period a division took place between the
functions of _villicus_ and those of _procurator_. The former still
controlled the economy of the estate and administered its goods; the
latter was the business agent and entered into legal relations with
other parties. See Voigt in Iwan-Müller's _Handbuch_ iv. 2 p. 368.

[250] Colum. i. 6.

[251] An inspection of all the _ergastula_ of Italy was ordered by
Augustus (Suet. _Aug_. 32) and Tiberius (Suet. _Tib_. 8). Columella (i.
8) recommends inspection by the master.

[252] Kidnapping became very frequent after the civil wars. It was to
prevent this evil that inspection was ordered by the Emperors (note 3).
See Thédenat in Daremberg-Saglio _Dict. des Antiq. s.v_. Ergastulum.

[253] Plaut. _Most_. i. 1. 18; Florus iii. 19.

[254] For the distinction between the _vincti_ and _soluti_ see Colum.
i. 7.

[255] Varro _R.R_. ii. 2 10 The proportion is larger than would be
demanded in modern times, but Mahaffy (l.c.) remarks that we do not
hear of the work of guardianship being shared by trained dogs, and that
the danger from wild beasts and lawless classes was considerable. As
regards the first point, however, we do hear of packs of hounds which
followed the Sicilian shepherds (Diod. xxxiv. 2), and it is difficult to
believe that these had not developed some kind of training.

[256] Varro _R.R_. ii. 10. 7.

[257] Diod, xxxiv. 2. 38.

[258] Val. Max. ii. 10. 2.

[259] Livy (xxxii. 26) speaks of them as _nationis eius_. He has just
mentioned the slaves of the Carthaginian hostages. But it does not
follow that either class was composed of native Africans. They may have
been imported Asiatics, as in Sicily.

[260] Liv. xxxii. 26.

[261] Liv. xxxiii. 36 Etruriam infestam prope conjuratio servorum fecit.

[262] Liv. xxxix. 29.

[263] Bücher _Die Aufstände der unfreien Arbeiter_ p. 34. Cf. Soltau
in _Kulturgesch. des klass. Altertums_ p. 326.

[264] Oros. v. 9 Diodor. xxxiv. 2. 19.

[265] Mahaffy l.c.

[266] Cf. Bücher op. cit. p. 79.

[267] Diod. xxxiv. 2. 27. For the large number of Roman proprietors in
Sicily see Florus ii. 7 (iii. 19) 3--(Sicilia) terra frugum ferax et
quodam modo suburbana provincia latifundis civium Romanorum tenebatur.

[268] Diod. xxxiv. 2. 32. 36.

[269] Diod. l.c.

[270] Diod. xxxiv. 2. 31. This may have been true of the time of which
we are speaking; for the influence of the Roman residents in Sicily on
the administration of the island must always have been great. But
Diodorus assigns an incorrect reason when he states that the Roman
knights of Sicily were judges of the governors of the provinces. This is
true only of the period preceding the second servile war.

[271] Historians profess to tell the mechanism by which this device was
secured. A spark of fire was placed with inflammable material in a
hollow nut or some similar small object, which was perforated. The
receptacle was placed in the mouth, and judicious breathing did the
rest. See Diodorus xxxiv, 2. 7; Floras ii. 7 (iii. 19).

[272] Nitzsch _Die Gracchen_ p. 228.

[273] Diod. xxxiv. 2. 24 [Greek: _hypo gar taes pepromenaes autois
kekyrosthai taen patrida taen Ennan, ousan akropolin holaes
taes naesou_.]

[274] Ibid. 2. 12 [Greek: _oud estin eipein ... hosa enybrizon te kai
enaeselgainon_.]

[275] [Greek: _planon te apekaloun_] (Diod. xxxiv. 2. 14).

[276] Diodor. xxxiv. 3. 41.

[277] Ibid. 2. 39.

[278] Ibid., 2, 24.

[279] Liv. _Ep_. lv.; App. _Syr_. 68. Cf. Nitzsch _Die Gracchen_ p. 288.

[280] Diodorus describes him as an Achaean. Mahaffy (l.c.) suspects
that he came from Eastern Asia Minor or Syria, where Achaeus occurs as a
royal name. But the name also occurs in old Greece. One may instance the
tragic poet of Eretria.

[281] [Greek: _kai boulae kai cheiri diapheron_] (Diod. xxxiv. 2. 16).

[282] Ibid. 2. 42.

[283] Florus ii. 7 (iii. 19). 6.

[284] Diod. xxxiv. 2. 43.

[285] Ibid. 2. 18; Florus l.c.

[286] Florus ii. 7 (iii. 19). 7 Quin illud quoque ultimum dedecus belli,
capta sunt castra praetorum--nec nominare ipsos pudebit--castra Manli
Lentuli, Pisonis Hypsaei. Itaque qui per fugitivarios abstrahi
debuissent praetorios duces profugos praelio ipsi sequebantur. P.
Popillius Laenas, the consul of 132 B.C., was praetor in Sicily either
immediately before, or during the revolt (C.I.L. i. n. 351. l. g).

[287] Strabo vi. 2. 6. For the question whether they held Messana
see p. 98.

[288] Florus ii. 7 (iii. 19). 2 Quis crederet Siciliam multo cruentius
servili quam Punico bello esse vastatam?

[289] [Greek: _epi tae prophasei ton drapeton_] (Diodor. xxxiv. 2. 48).
Wallon (_Hist. de l'Esclavage_ ii. p. 307) takes these words to mean
that the peasantry professed to be marching against the slaves.

[290] Mahaffy (l.c.) has raised and discussed this question. His
conclusions are (i) that the pirates may have been influenced by a sense
of business honour to the effect that the man-stealer should abide by
his bargain, (ii) that these pirates may have received some large bribe,
direct or indirect, from Rome, (iii) that the natural enmity between the
slaves and the pirates may have hindered an agreement for transport,
(iv) that the Cilician slaves, accustomed to permanent robber-bands, may
have not held it impossible that Rome would acquiesce in such a creation
in Sicily, (v) that the Syrian towns would not have troubled about the
restoration of such of their members as had become slaves, even had they
not feared to offend Rome. He remarks that the return of even free
exiles to a Hellenistic city was a cause of great disturbance.

[291] Liv. _Ep_. lvi.; Oros. v. 9.

[292] C.I.L. i. nn. 642, 643.

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