History of Julius Caesar Vol. 1 of 2

156

The consuls and prætors could only assemble the comitia, command the armies, or give final judgment in civil affairs, after having been invested with the imperium and with the right of taking the auspices (jus auspiciorum) by a curiate law.

157

Second Oration on the Agrarian Law, 9.

158

Titus Livius, IV. 3.

159

If a citizen refused to give his name for the recruitment, his goods were confiscated; if he did not pay his creditors, he was sold for a slave. Women were forbidden the use of wine. (Polybius, VI. 2.) – The number of guests who could be admitted to feasts was limited. (Athenæus, VI. p. 274.) – The magistrates also, on entering on office, could not accept invitations to dinner, except from certain persons who were named. (Aulus Gellius, II. 24. – Macrobius, II. 13.) – “Marriage with a plebeian or a stranger was surrounded with restrictive measures; it was forbidden with a slave or with a freedman. Celibacy, at a certain age, was punished with a fine.” (Valerius Maximus, II. ix. 1.) – There were regulations also for mourning and funerals. (Cicero, De Legibus, II. 24.)

160

Aulus Gellius, IV. 12.

161

Plutarch, Cato the Censor, 23.

162

Historians have always assigned as the northern frontier of Italy, under the Republic, the River Macra, in Etruria; but that the limit was farther south is proved by the fact that Cæsar went to Lucca to take his winter quarters; this town, therefore, must have been in his command and made part of Cisalpine Gaul. Under Augustus, the northern frontier of Italy extended to the Macra.

163

Speech of Cæsar to the Senate, reported by Sallust. (Conspiracy of Catilina, li.)

164

This paragraph, expressing with great clearness the policy of the Roman Senate, is extracted from the excellent Hist. Romaine of M. Duruy, t. I., c. xi.

165

As, for example, to put the wife in complete obedience to her husband; to give the father absolute authority over his children, etc.

166

In the origin, the municipia were the allied towns preserving their autonomy, but engaging to render to Rome certain services (munus); whence the name of municipia. (Aulus Gellius, XVI. 13.)

167

To be able to enjoy the right of city, it was necessary to be domiciliated at Rome, to have left a son in his majority in the municipium, or to have exercised there a magistracy.

168

Aul. Gellius, XVI. xiii. – Paulus Diaconus, on the word Municipium, p. 127.

169

In this category were sometimes found municipia of the third degree, such as Cære. (See Festus, under the word Præfecturæ, p. 233.) – Several of these towns, such as Fundi, Formiæ, and Arpinum, obtained in the sequel the right of suffrage; they continued, however, by an ancient usage, to be called by the name of præfecturæ, which was also applied by abuse to the colonies.

170

Socius et amicus (Titus Livius, XXXI. 11). – Compare Dionysius of Halicarnassus, VI. 95; X. 21.

171

With Carthage, for example. (Polybius, III. 22. – Titus Livius, VII. 27; IX. 19, 43.)

172

Thus with the Latins. “Ut eosdem quos populus Romanus amicos atque hostes habeant.” (Titus Livius, XXXVIII. 8.)

173

Cicero, Oration for Balbus, xvi.

174

The freedmen were, in fact, either Roman citizens, or Latins, or ranged in the number of the dediticii; slaves who had, while they were in servitude, undergone a grave chastisement, if they arrived at freedom, obtained only the assimilation to the dediticii. If, on the contrary, the slave had undergone no punishment, if he was more than thirty years of age, if, at the same time, he belonged to his master according to the law of the quirites, and if the formalities of manumission or affranchisement exacted by the Roman law had been observed, he was a Roman citizen. He was only Latin if one of these circumstances failed. (Institutes of Gaius, I. § 12, 13, 15, 16, 17.)

175

“Valerius sent upon the lands conquered from the Volsci a colony of a certain number of citizens chosen from among the poor, both to serve as a garrison against the enemies, and to diminish at Rome the party of the seditious.” (Year of Rome 260.) (Dionysius of Halicarnassus, VI. 43.) – This great number of colonies, by clearing the population of Rome of a multitude of indigent citizens, had maintained tranquillity (452). (Titus Livius, X. 6.)

176

Modern authors are not agreed on this point, which would require a long discussion; but we may consider the question as solved in the sense of our text by Madvig, Opuscula, I. pp. 244-254.

177

“There the people (populus) named their magistrates; the duumviri performed the functions of consuls or prætors, whose title they sometimes took (Corpus Inscriptionum Latin., passim); the quinquennales corresponded to the censors. Finally, there were questors and ediles. The Senate, as at Rome, was composed of members, elected for life, to the number of a hundred; the number was filled up every five years (lectio senatus).” (Tabula Heracleensis, cap. x. et seq.)

178

A certain number of colonies figure in the list given by Dionysius of Halicarnassus of the members of the confederacy (V. 61).

179

Pliny, Natural History, III. iv. § 7.

180

Because it named its magistrates, struck money (Mommsen, Münzwesen, p. 317), privileges refused to the Roman colonies, and preserved its own peculiar laws according to the principle: “Nulla populi Romani lege adstricti, nisi in quam populus eorum fundus factus est.” (Aulus Gellius, XVI. xiii. 6. – Compare Cicero, Oration for Balbus, viii. 21.)