History of Julius Caesar Vol. 1 of 2

“The indignation of the people was extreme, on account of the refusal to take the auspices, as if it had been an object for the reprobation of the immortal gods.” – “The tribune demanded for what reason a plebeian could not be consul, and was told in reply that the plebeians had not the auspices, and that the decemvirs had interdicted marriage between the two orders only to hinder the auspices from being troubled by men of equivocal birth.” (Titus Livius, IV. 6.) – “Now in what hands are the auspices according to the custom of our ancestors? In the hands of the patricians, I think; for the auspices are never taken for the nomination of a plebeian magistrate.” – “Is it not then the same thing as to annihilate the auspices in this city, to take them, in electing plebeian consuls, from the patricians, who alone can observe them?” (Year of Rome 386.) (Titus Livius, VI. 41.)

To the consul, the prætor, and the censor was reserved the right of taking the great auspices; to the less elevated magistracies that of taking the lesser ones. The great auspices appear, in fact, to have been those of which the exercise was of most importance to the rights of the aristocracy. The ancients have not left us a precise definition of the two classes of auspices; but it appears to result from what Cicero says of them (De Legibus, II. 12), that by the great auspices were understood those for which the intervention of the augurs was indispensable; the little auspices, on the contrary, were those which were taken without them. (See Aulus Gellius, XIII. 15.)

As to the auspices taken in the comitia where the consular tribunes were elected, passages of Titus Livius (V. 14, 52; VI. 11) prove that they were the same as for the election of the consuls, and consequently that they were the great auspices; for we know from Cicero (De Divinatione, I. 17; II. 35 – compare Titus Livius, IV. 7) that it was the duty of the magistrate who held the comitia to bring there an augur, of whom he demanded what the presages announced. The privileges of the nobility were maintained by causing the comitia for the election of the consular tribunes to be held by an interrex chosen by the aristocracy.

116

Titus Livius, VI. 5.

117

Titus Livius, VII. 17.

118

In 333, the number was increased to four. Two, overseers for the guard of the treasury and the disposition of the public money, were appointed by the consuls; the two others, charged with the administration of the military chest, were appointed by the tribes.

119

“The master of the knights was so called because he exercised the supreme power over the knights and the accensi, as the dictator exercised it over the whole Roman people; whence the name of master of the people, which was also given to him.” (Varro, De Lingua Latina, V. 82, edit. Müller.)

120

“The duumvirs charged with the sacred rites were replaced by the decemvirs, half plebeians, half patricians.” (Titus Livius, VI. 37.)

121

Titus Livius, VII. 5.

122

“Appius convokes an assembly, accuses Valerius and Horatius of the crime of perduellio, calculating entirely on the tribunian power with which he was invested.” (Year of Rome 305.) (Dionysius of Halicarnassus, XI. 39.)

123

“In the interim, there was at Rome a conspiracy of several slaves, who formed together the design of seizing the forts and setting fire to the different quarters of the town.” (Year of Rome 253.) (Dionysius of Halicarnassus, V. 51.) – “From the summit of the Capitol, Herdonius called the slaves to liberty. He had taken up the cause of misfortune; he had just restored to their country those whom injustice had banished, and delivered the slaves from a heavy yoke; it is to the Roman people that he wishes to give the honour of this enterprise.” (Year of Rome 294.) (Titus Livius, III. 15.) – “The slaves who had entered into the conspiracy were, at different points, to set fire to the town, and, while the people were occupied in carrying assistance to the houses which were in flames, to seize by force of arms the citadel and the Capitol. Jupiter baffled these criminal designs. On the denunciation of two slaves, the guilty were arrested and punished.” (Year of Rome 336.) (Titus Livius, IV. 45.)

124

“Finally, under the consulship of M. Minucius and A. Sempronius, wheat arrived in abundance from Sicily, and the Senate deliberated on the price at which it must be delivered to the citizens.” (Year of Rome 263.) (Titus Livius, II. 34.) – “As the want of cultivators gave rise to the fear of a famine, people were sent to search for wheat in Etruria, in the Pomptinum, at Cumæ, and even as far as Sicily.” (Year of Rome 321.) (Titus Livius, IV. 25.)

125

“When Romulus had distributed all the people in tribes and curiæ, he also divided the lands into thirty equal portions, of which he gave one to each curia, reserving, nevertheless, what was necessary for the temples and the sacrifices, and a certain portion for the domain of the Republic.” (Dionysius of Halicarnassus, II. 7.)

126

“Numa distributed to the poorest of the plebeians the lands which Romulus had conquered and a small portion of the lands of the public domain.” (Dionysius of Halicarnassus, II. 62.) – “ Similar measures are attributed to Tullius Hostilius and Ancus Martius.” (Dionysius of Halicarnassus, III. 1, 48.) – “As soon as he was mounted on the throne, Servius Tullius distributed the lands of the public domain to the thetes (mercenaries) of the Romans.” (Dionysius of Halicarnassus, IV. 13.)

127

Romulus, according to Dionysus of Halicarnassus, sent two colonies to Cænina and Antemnæ, having taken from those two towns the third of their lands. (II. 35.) – In the year 252, the Sabines lost ten thousand acres (jugera) of arable land. (Dionysius of Halicarnassus, V. 49.) – A treaty concluded with the Hernici, in 268, deprived them of two-thirds of their territory. (Titus Livius, II. 41.) – “In 413, the Privernates lost two-thirds of their territory; in 416, the Tiburtines and Prenestines lost a part of their territory.” (Titus Livius, VIII. I, 14.) – “In 563, P. Cornelius Scipio Nasica took from the Boians nearly half their territory.” (Titus Livius, XXXVI. 39.)

128

Appian, Civil Wars, I. vii. – This citation, though belonging to a posterior date, applies nevertheless to the epoch of which we are speaking.

129

“Servius published an edict to oblige all who had appropriated, under the title of usufructuaries or proprietors, the lands of the public domain, to restore them within a certain time, and, by the same edict, the citizens who possessed no heritage were ordered to bring him their names.” (Dionysius of Halicarnassus, IV. 10.)

130

“We need not be astonished if the poor prefer the lands of the domain to be distributed (to all the citizens) than to suffer that a small number of the most shameless should remain sole possessors. But if they see that they are taken from those who gather their revenues, and that the public is restored to the possession of its domain, they will cease to be jealous of us, and the desire to see them distributed to each citizen would diminish, when it shall be demonstrated to them that these lands will be of greater utility when possessed in common by the Republic.” (Year of Rome 268.) (Speech of Appius, Dionysius of Halicarnassus, VIII. 73.)

131

Agannius Urbicus, De Controversiiss agrorum, in the Gromatici veteres, ed. Lachmann, vol. I, p. 82.

132

Titus Livius, II. 48.

133

“Lucius Æmilius said that it was just that the common goods should be shared among all the citizens, rather than leave the enjoyment of them to a small number of individuals; that in regard to those who had seized upon the public lands, they ought to be sufficiently satisfied that they had been left to enjoy them during so long a time without being disturbed in their possession, and that if afterwards they were deprived of them, it ill became them to be obstinate in retaining them. He added that, besides the public law acknowledged by general opinion, and according to which the public goods are common to all the citizens, just as the goods of individuals belong to those who have acquired them legitimately, the Senate was obliged, by a special reason, to distribute the lands to the people, since it had passed an ordinance for that purpose already seventeen years ago.” (Dionysius of Halicarnassus, IX. 51.)

134

Titus Livius, III. 31. – Dionysius of Halicarnassus, X. 33 et seq.

135

“The plebeians complain loudly that their conquests have been taken from them; that it is disgraceful that, having conquered so many lands from the enemy, not the least portion of it remains to them; that the ager publicus is possessed by rich and influential men who take the revenue unjustly, without other title than their power and unexampled acts of violence. They demand finally that, sharing with the patricians all the dangers, they may also have their share in the advantages and profit derived from them.” (Year of Rome 298.) (Dionysius of Halicarnassus, X. 36.)

136

“The moment would have been well chosen, after having taken vengeance on the seditious, to propose, in order to soothe people’s minds, the partition of the territory of the Bolani; they would thus have weakened the desire for an agrarian law which would expel the patricians from the public estates they had unjustly usurped. For it was an indignity which cut the people to the heart, this rage of the nobility to retain the public lands they occupied by force, and, above all, their refusal to distribute to the people even the vacant lands recently taken from the enemy, which, indeed, would soon become, like the rest, the prey of some of the nobles,” (Year of Rome 341.) (Titus Livius, IV. 51.)

137

Titus Livius, V. 30.

138

Titus Livius, VI. 21. – It appears that the Pontine Marshes were then very fertile, since Pliny relates, after Licinius Mucianus, that they included upwards of twenty-four flourishing towns. (Natural History, III. v. 56, edit. Sillig.)

139