History of Julius Caesar Vol. 1 of 2

The intention of the aristocracy had been to limit the compulsory concessions; but after the adoption of the Licinian laws, it was no longer possible to prevent the principle of the admission of plebeians to all the magistracies. In 386 they had arrived at the important charge of master of the knights (magister equitum) who was in a manner the lieutenant of the dictator (magister populi);[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.)] in 387 access to the religious functions had been laid open to them;[120 - “The duumvirs charged with the sacred rites were replaced by the decemvirs, half plebeians, half patricians.” (Titus Livius, VI. 37.)] in 345 they obtained the questorship; in 398, the dictatorship itself; in 403, the censorship; and lastly, in 417, the prætorship.

In 391, the people arrogated the right of appointing a part of the legionary tribunes, previously chosen by the consuls.[121 - Titus Livius, VII. 5.]

In 415, the law of Q. Publilius Philo took from the Senate the power of refusing the auctoritas to the laws voted by the comitia, and obliged it to declare in advance if the proposed law were in conformity with public and religious law. Further, the obligation imposed by this law of having always one censor taken from among the plebeians, opened the doors of the Senate to the richest of them, since it was the business of the censor to fix the rank of the citizens, and pronounce on the admission or exclusion of the senators. The Publilian law thus tended to raise the aristocracy of the two orders to the same rank, and to create the nobility (nobilitas), composed of all the families rendered illustrious by the offices they had filled.

Elements of Dissolution.

IV. At the beginning of the fifth century of Rome, the bringing nearer together of the two orders had given a greater consistence to society; but, just as we have seen under the kingly rule, the principles begin to show themselves which were one day to make the greatness of Rome, so now we see the first appearance of dangers which will be renewed unceasingly. Electoral corruption, the law of perduellio, slavery, the increase of the poor class, the agrarian laws, and the question of debts, will come, under different circumstances, to threaten the existence of the Republic. Let us summarily state that these questions, so grave in the sequel, were raised at an early date.

Electoral Corruption. – Fraud found its way into the elections as soon as the number of electors increased and rendered it necessary to collect more suffrages to obtain public charges; as early as 396, indeed, a law on solicitation, proposed by the tribune of the people, C. Pœtelius, bears witness to the existence of electoral corruption.

Law of High-treason. – As early as 305 and 369, the application of the law of perduellio, or design against the Republic, furnished to arbitrary power an arm of which, at a later period, under the emperors, so deplorable a use was made under the name of the law of high-treason.[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.)]

Slavery. – Slavery presented serious dangers for society, for, on the one hand, it tended, by the lower price of manual labour, to substitute itself for the labour of free men; while, on the other, discontented with their lot, the slaves were always ready to shake off the yoke and become the auxiliaries of all who were ambitious. In 253, 294, and 336, partial insurrections announced the condition already to be feared of a class disinherited of all the advantages, though intimately bound up with all the wants, of ordinary life.[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.)] The number of slaves increased rapidly. They replaced the free men torn by the continual wars from the cultivation of the land. At a later period, when these latter returned to their homes, the Senate was obliged to support them by sending as far as Sicily to seek wheat to deliver to them either gratis or at a reduced price.[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.)]

Agrarian Laws. – As to the Agrarian laws and the question of debts, they soon became an incessant cause of agitation.

The kings, with the conquered lands, had formed a domain of the State (ager publicus), one of its principal resources,[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.)] and generously distributed part of it to the poor citizens.[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.)] Generally, they took from the conquered peoples two-thirds of their land.[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.)] Of these two-thirds, “the cultivated part,” says Appian, “was always adjudged to the new colonists, either as a gratuitous grant, or by sale, or by lease paying rent. As to the uncultivated part, which, as a consequence of war, was almost always the most considerable, it was not the custom to distribute it, but the enjoyment of it was left to any one willing to clear and cultivate it, with a reservation to the State of the tenth part of the harvest and a fifth part of the fruits. A similar tax was levied upon those who bred cattle, large or small (in order to prevent the pasture land from increasing in extent to the detriment of the arable land). This was done in view of the increase of the Italic population, which was judged at Rome the most laborious, and to have allies of their own race. But the measure produced a result contrary to that which was expected from it. The rich appropriated to themselves the greatest part of the undistributed lands, and reckoning that the long duration of their occupation would permit nobody to expel them, they bought when they found a seller, or took by force from their neighbouring lesser proprietors their modest heritages, and thus formed vast domains, instead of the mere fields which they had themselves cultivated before.”[128 - Appian, Civil Wars, I. vii. – This citation, though belonging to a posterior date, applies nevertheless to the epoch of which we are speaking.]

The kings had always sought to put a curb on these usurpations,[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.)] and perhaps it was a similar attempt which cost Servius Tullius his life. But after the fall of the kingly power, the patricians, having become more powerful, determined to preserve the lands which they had unjustly seized.[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.)]

And it must be acknowledged, as they supported the greatest share of the burthen of war and taxation, they had a better claim than the others to the conquered lands; they thought, moreover, that the colonies were sufficient to support an agricultural population, and they acted rather as State farmers than as proprietors of the soil. According to the public law, indeed, the ager publicus was inalienable, and we read in an ancient author: – “Lawyers deny that the soil which has once begun to belong to the Roman people, can ever, by usage or possession, become the property of anybody else in the world.”[131 - Agannius Urbicus, De Controversiiss agrorum, in the Gromatici veteres, ed. Lachmann, vol. I, p. 82.]

In spite of this principle, it would have been wisdom to give, to the poor citizens who had fought, a part of the spoils of the vanquished; for the demands were incessant, and after 268, renewed almost yearly by the tribunes or by the consuls themselves. In 275, a patrician, Fabius Cæso, taking the initiative in a partition of lands recently conquered, exclaimed: “Is it not just that the territories taken from the enemy should become the property of those who have paid for it with their sweat and with their blood?”[132 - Titus Livius, II. 48.] The Senate was as inflexible for this proposition as for those which were brought forward by Q. Considius and T. Genucius in 278, by Cn. Genucius in 280, and by the tribunes of the people, with the support of the consuls Valerius and Æmilius, in 284.[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.)]

Yet, after fifty years of struggles since the expulsion of the Tarquins, the tribune Icilius, in 298, obtained the partition of the lands of Mount Aventine, by indemnifying those who had usurped a certain portion of them.[134 - Titus Livius, III. 31. – Dionysius of Halicarnassus, X. 33 et seq.] The application of the law Icilia to other parts of the ager publicus[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.)] was vainly solicited in 298 and the following years; but in 330, a new tax was imposed upon the possessors of the lands for the pay of the troops. The perseverance of the tribunes was unwearied, and, during the thirty-six years following, six different propositions were unsuccessful, even that relating to the territory of the Bolani, newly taken from the enemy.[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.)] In 361 only, a senatus consultus granted to each father of a family and to each free man seven acres of the territory which had just been conquered from the Veii.[137 - Titus Livius, V. 30.] In 371, after a resistance of five years, the Senate, in order to secure the concurrence of the people in the war against the Volsci, agreed to the partition of the territory of the Pomptinum (the Pontine Marshes), taken from that people by Camillus, and already given up to the encroachments of the aristocracy.[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.)] But these partial concessions were not enough to satisfy the plebeians or to repair past injustices; in the Licinian law the claims of the people, which had been resisted during a hundred and thirty-six years, triumphed;[139 - Titus Livius, VI. 35-42. – Appian, Civil Wars, I. 8.] it did not entirely deprive the nobles of the enjoyment of the lands unjustly usurped, but it limited the possession of them to five hundred jugera. When this repartition was made, the land which remained was to be distributed among the poor. The proprietors were obliged to maintain on their lands a certain number of free men, in order to augment the class from which the legions were recruited; lastly, the number of cattle on each domain was fixed, in order to restrain the culture of the meadows, in general the most lucrative, and augment that of the arable lands, which relieved Italy from the necessity of having recourse to foreign corn.

This law of Licinius Stolo secured happy results; it restrained the encroachments of the rich and great, but only proceeded with moderation in its retrospective effects; it put a stop to the alarming extension of the private domains at the expense of the public domain, to the absorption of the good of the many by the few, to the depopulation of Italy, and consequently to the diminution of the strength of the armies.[140 - See the remarkable work of M. A. Mace, Sur les Lois Agraires, Paris, 1846.]

The numerous condemnations for trespasses against the law Licinia prove that it was carried into execution, and for the space of two hundred years it contributed, with the establishment of new colonies,[141 - Roman Colonies. – Second period: 244-416Lavici (Labicum) (336). Latium. (Via Lavicana.) La Colonna.Vitellia (359). The Volscians. (Via Prænestina.) Uncertain. Civitella or Valmontone.Satricum (370). The Volscians. Banks of the Astura. Casale di Conca, between Anzo and Velletri.Latin Colonies. – Second period: 244-416.Antium (287). Volscians. Torre d’Anzio or Porto d’Anzio.Suessa Pometia (287). Near the Pontine Marshes. Disappeared at an early period.Cora. Volscians (287). Cori.Signia (259). Volscians. Segni.Velitræ (260). Volscians. Velletri.Norba (262). Volscians. Near the modern village of Norma.Ardea (312). Rutuli. Ardea.Circeii (361). Aurunces. Monte Circello: San Felice or Porto di Paolo.Satricum (369). Volscians. Casale di Conca.Sutrium (371). Etruria. (Via Cassia.) Sutri.Setia (372) Volscians. Sezze.Nepete (381). Etruria. Nepi.] to maintain this class of agriculturists – the principal sinews of the State. We see indeed that, from this moment, the Senate itself took the initiative of new distributions of land to the people.[142 - It is thus that we see, in 416, each poor citizen receiving two jugera, taken from the land of the Latins and their allies. In 479, after the departure of Pyrrhus, the Senate caused lands to be distributed to those who had fought against the King of Epirus. In 531, the Flaminian law, which Polybius accuses wrongly of having introduced corruption into Rome, distributed by head the Roman territory situated between Rimini and the Picenum; in 554, after the capture of Carthage, the Senate made a distribution of land to the soldiers of Scipio. For each year of service in Spain or Africa, each soldier received two jugera, and the distribution was made by decemvirs. (Titus Livius, XXXI. 49.)]

Debts. – The question of debts and the diminution of the rate of interest had long been the subject of strong prejudices and of passionate debates.

As the citizens made war at their own expense, the less rich, while they were under arms, could not take care of their fields or farms, but borrowed money to provide for their wants and for those of their families. The debt had, in this case, a noble origin, the service of their country.[143 - “Marcus Valerius demonstrated to them that prudence did not permit them to refuse a thing of small importance to citizens who, under the government of the kings, had distinguished themselves in so many battles for the defence of the Republic.” (Year of Rome 256.) (Dionysius of Halicarnassus, V. 65.) – “On one hand, the plebeians pretended not to be in a condition to pay their debts; they complained that, during so many years of war, their lands had produced nothing, that their cattle had perished, that their slaves had escaped or had been carried away in the different incursions of the enemies, and that all they possessed at Rome was expended for the cost of the war. On the other hand, the creditors said that the losses were common to everybody; that they had suffered no less than their debtors; that they could not consent to lose what they had lent in time of peace to some indigent citizens in addition to what the enemies had taken from them in time of war.” (Year of Rome 258.) (Dionysius of Halicarnassus, VI. 22.)] Public opinion must, therefore, be favourable to the debtors and hostile to those who, speculating on the pecuniary difficulties of the defenders of the State, extorted heavy interest for the money they lent. The patricians also took advantage of their position and their knowledge of legal forms to exact heavy sums from the plebeians whose causes they defended.[144 - Those who pleaded the causes of individuals were nearly all senators, and exacted for this service very heavy sums under the title of fees. (Titus Livius, XXXIV. 4.)]

The kings, listening to the demands of the citizens who were overwhelmed with debts, often showed their readiness to help them;[145 - “The days following, Servius Tullius caused a report to be drawn up of the insolvent debtors, of their creditors, and of the respective amount of their debts. When this was prepared, he caused counters to be established in the Forum, and, in public view, repaid the lenders whatever was due to them.” (Dionysius of Halicarnassus, IV. 10.)] but, after their expulsion, the rich classes, more independent, became more untractable, and men, ruined on account of their military service, were sold publicly, as slaves,[146 - “Servilius caused a herald to proclaim that all persons were forbidden to seize, sell, or retain in pledge the goods of Romans who served against the Volsci, or to take away their children, or any one of their family, for any contract whatever.” – “An old man complains that his creditor has reduced him to slavery: he declares loudly that he was born free, that he had served in all the campaigns as long as his age permitted, that he was in twenty-eight battles, where he had several times gained the prize of valour; but that, since the times had become bad, and the Republic was reduced to the last extremity, he had been constrained to borrow money to pay the taxes. After that, he added, having no longer wherewith to pay my debts, my merciless creditor has reduced me to slavery with my two children, and, because I expostulated slightly when he ordered me to do things which were too difficult, caused me to be disgracefully beaten with several blows.” (Year of Rome 259.) (Dionysius of Halicarnassus, VI. 29.) – “The creditors contributed to the insurrection of the populace, they cast aside all moderation, but threw their debtors into prison, and treated them like the slaves whom they would have bought for money.” (Year of Rome 254.) (Dionysius of Halicarnassus, V. 53.)] by their creditors. Thus, when war was imminent, the poor often refused to serve,[147 - “The poor, especially those who were not in condition to pay their debts, who formed the greatest number, refused to take arms, and would hold no communication with the patricians, until the Senate should pass a law for the abolition of debts.” (Year of Rome 256.) (Dionysius of Halicarnassus, V. 63.)] crying out, “What use will it be to us to conquer the enemies without, if our creditors put us in bonds for the debts we have contracted? What advantage shall we have in strengthening the empire of Rome, if we cannot preserve our personal liberty?”[148 - Dionysius of Halicarnassus, V. 64.] Yet the patricians, who contributed more than the others to the costs of the war, demanded of their debtors, not without reason, the payment of the money they had advanced; and hence arose perpetual dissensions.[149 - Appius Claudius Sabinus expressed an opinion quite contrary to that of Marcus Valerius: he said that “there could be no doubt that the rich, who were not less citizens than the poor, and who held the first rank in the Republic, occupied the public offices, and had served in all the wars, would take it very ill if they discharged their debtors from the obligation of paying what was due.” (Year of Rome 256.) (Dionysius of Halicarnassus, V. 66.)]

In 305, the laws of the Twelve Tables decided that the rate of interest should be reduced to ten per cent. a year; but a law of Licinius Stolo alone resolved, in an equitable manner, this grave question. It enacted that the interests previously paid should be deducted from the principal, and that the principal should be repaid by equal portions during an interval of three years. This measure was advantageous to all, for, in the state of insolvency in which the debtors were involved, the creditors could not obtain the interest of their money, and even risked the loss of the principal; the new law guaranteed the debts; the debtors in their turn, having become landed proprietors, found the means of freeing themselves by means of the lands they had received and the delay which had been given them. The agreement established in 387 was of slight duration, and in the midst of disagreements more or less violent, things were carried so far, in 412, that the entire abolition of debts and the prohibition to exact any interest were decreed mere revolutionary and transitory measures.

Résumé.

V. This rapid sketch of the evils already perceptible which tormented Roman society leads us to this reflection: it is the lot of all governments, whatever be their form, to contain within themselves germs of life, which make their strength, and germs of dissolution, which must some day lead to their ruin; and accordingly, as the Republic was in progress or in decline, the first or the second became developed and dominant in turn; that is, so long as the aristocracy preserved its virtues and its patriotism, the elements of prosperity predominated; but no sooner did it begin to degenerate, than the causes of disturbance gained the upper hand, and shook the edifice which had been erected so laboriously.

If the fall of the kingly power, in giving more vitality and independence to the aristocracy, rendered the constitution of the State more solid and durable, the democracy had at first no reason for congratulation. Two hundred years passed away before the plebeians could obtain, not equality of political rights, but even a share in the ager publicus and an act of lenity in favour of debtors, overwhelmed with liabilities through incessant wars. About the same length of time was required by the Republic to re-conquer the supremacy over the neighbouring peoples which she had exercised under the last kings,[150 - It results from the testimony of Polybius, Dionysius of Halicarnassus, Livy, Florus, and Eutropius, that at the moment of the fall of Tarquinius Superbus, the domination of Rome extended over all Latium, over the greater part of the country of the Sabines, and even as far as Ocriculum (Otricoli) in Umbria; that Etruria, the country of the Hernici, and the territory of Cære (Cervetri), were united with the Romans by alliances which placed them, with regard to these, in a state of subjection.The establishment of the consular government was, for the peoples subject to Rome, the signal of revolt. In 253, all the peoples of Latium were leagued against Rome; with the victory of Lake Regillus, in 258, that is, fourteen years after the overthrow of the Tarquins, the submission of Latium began, and it was finished by the treaty concluded by Spurius Cassius with the Latins in the year of Rome 268. The Sabines were only finally reduced by the consul Horatius in 305. Fidenæ, which had acknowledged the supremacy of Tarquin, was taken in the year 319, then taken again, after an insurrection, in 328. Anxur (Terracina) was only finally subjected after the defeat of the Volsci; and Veii and Falerium only fell under the power of the Romans in the year 358 and 359. Circci, where a Latin colony had been established in the times of the kings, only received a new one in the year 360. Cære was reunited to the Roman territory in the year 364, and it was only at the time of the Gallic invasion that Antium and Ecetra were finally annexed to the Roman territory. In 408, the capture of Satricum, at the entrance of the country of the Volscians, prevented that people from supporting an insurrection which had already begun among the Latins. In 411, the whole plain of Latium was occupied by Roman citizens or allies, but in the mountains there remained Volscian and Latin cities which were independent and secretly enemies. Nevertheless it may be said that, towards that period, the Republic had re-conquered the territory which it possessed under the kings, although Rome had again, in 416, to suppress a last insurrection of the Latins.] so many years a country requires to recover from the shocks and enfeebling influence of even the most legitimate revolutions.

Yet Roman society had been vigorously enough constituted to resist at the same time external attacks and internal troubles. Neither the invasions of Porsenna, nor those of the Gauls, nor the conspiracies of the neighbouring peoples, were able to compromise its existence. Already eminent men, such as Valerius Publicola, A. Postumius, Coriolanus, Spurius Cassius, Cincinnatus, and Camillus, had distinguished themselves as legislators and warriors, and Rome could put on foot ten legions, or forty-five thousand men. At home, important advantages had been obtained, and notable concessions had been made to effect a reconciliation between the two orders; written laws had been adopted, and the attributes of the different magistracies had been better defined, but the constitution of society remained the same. The facility granted to the plebeians of arriving at all the State employments only increased the strength of the aristocracy, which recovered its vigour of youth without modifying itself, diminished the number of its adversaries, and increased that of its adherents. The rich and important plebeian families soon began to mingle with the ancient patrician families, to share their ideas, their interests, and even their prejudices; and a learned German historian remarks with justice that after the abolition of the kingly power there was, perhaps, a greater number of plebeians in the Senate, but that personal merit, without birth and fortune, experienced greater difficulty than ever in reaching preferment.[151 - Mommsen, Roman History, I., p. 241, 2nd edit.]

It is not indeed sufficient, for the application of the state of society, to study thoroughly its laws, but we must also take into consideration the influence exercised by the manners of the people. The laws proclaimed equality and liberty, but the manners left the honours and preponderance to the upper class. The admission to place was no longer forbidden to the plebeians, but the election almost always kept them from it. During fifty-nine years, two hundred and sixty-four military tribunes replaced the consuls, and of this number only eighteen were plebeians; although these latter might be candidates for the consulship, the choice fell generally upon patricians.[152 - In fourteen years, from 399 to 412, the patricians allowed only six plebeians to arrive at the consulship.] Marriage between the two orders had been long placed on a footing of equality, and yet, in 456, the prejudices of caste were far from being destroyed, as we learn from the history of the patrician Virginia, married to the plebeian Volumnius, whom the matrons drove away from the temple of Pudicitia patricia.[153 - Titus Livius, X. 23.]

The laws protected liberty, but they were rarely executed, as is shown by the continual renewal of the same regulations. Thus it had been decided in 305 that the plebiscita should have the force of law, yet in spite of that it was found necessary to re-enact the same regulation by the laws Hortensia, in 466, and Mænia, in 468. This last sanctioned also anew the law Publilia of 415. It was the same with the law of Valerius Publicola (of the year 246), which authorised an appeal to the people from the judgments of the magistrates. It appears to have been restored to vigour by Valerius and Horatius in 305, and again by Valerius Corvus in 454. And, on this occasion, the great Roman historian exclaims, “I can only explain this frequent renewal of the same law by supposing that the power of some of the great ones always succeeded in triumphing over the liberty of the people.”[154 - Titus Livius, X. 9.] The right of admission to the Senate was acknowledged in principle, yet no one could enter it without having obtained a decree of the censor, or exercised a curule magistracy – favours almost always reserved to the aristocracy. The law which required a plebeian among the censors remained almost always in abeyance, and, to become censor, it was generally necessary to have been consul.

All offices ought to be annual, and yet the tribunes, as well as the consuls, obtained their re-election several times at short intervals – as in the instance of Licinius Stolo, re-elected tribune during nine consecutive years; of Sulpicius Peticus, five times consul (from 390 to 403); of Popilius Lænas and Marcius Rutilus, both four times, the first from 395 to 406, the second from 397 to 412. The law of 412 came in vain to require an interval of ten years before becoming again a candidate for the same magistracy. Several personages were none the less re-elected before the time required, such as Valerius Corvus, six times consul (from 406 to 455), and consecutively during the last three years; and Papirius Cursor, five times (from 421 to 441).

The lives of the citizens were protected by the laws, but public opinion remained powerless at the assassination of those who had incurred the hatred of the Senate; and, in spite of the law of the consul Valerius Publicola, the violent death of the tribune Genucius, or of the rich plebeian Spurius Melius, was a subject of applause.

The comitia were free, but the Senate had at its disposal either the veto of the tribunes or the religious scruples of the people. A consul could prevent the meeting of these assemblies, or cut short all their deliberations, either by declaring that he was observing the sky, or that a clap of thunder or some other celestial manifestation had occurred;[155 - “Who does not see clearly that the vice of the dictator (Marcellus) in the eyes of the augurs was that he was a plebeian?” (Titus Livius, VIII. 23. – Cicero, De Divinatione, II. 35, 37; De Legibus, II. 13.)] and it depended upon the declaration of the augurs to annul the elections. Moreover, the people in reality were satisfied with naming the persons on whom they wished to confer the magisterial offices, for, to enter upon their functions, the consuls and the prætors had to submit their powers to the sanction of the curiæ (lex curiata de imperio).[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.] It was thus in the power of the nobility to reverse the elections which displeased them, a fact which Cicero explains in the following terms, while presenting this measure in a light favourable to the people: “Your ancestors required the suffrages twice for all magistracies, for, when a curiate law was proposed in favour of the patrician magistrates, they voted in reality a second time for the same persons, so that the people, if they repented of their choice, had the power of abandoning it.”[157 - Second Oration on the Agrarian Law, 9.]

The dictatorship was also a lever left in the hands of the nobility to overthrow oppositions and influence the comitia. The dictator was never elected, but appointed by a consul.[158 - Titus Livius, IV. 3.] In the space of only twenty-six years, from 390 to 416, there were eighteen dictators.

The Senate remained, therefore, all powerful in spite of the victory of the plebeians, for, independently of the means placed at its disposal, it was in its power to elude the plebiscita, the execution of which was entrusted to it. If the influence of a predominant class sobered the use of political liberty, the laws presented a still greater curb on individual liberty. Thus, not only all the members of the family were subjected to the absolute authority of the head, but each citizen was obliged further to obey a multitude of rigorous obligations.[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.)] The censor watched over the purity of marriages, the education of children, the treatment of slaves and clients, and the cultivation of the lands.[160 - Aulus Gellius, IV. 12.] “The Romans did not believe,” says Plutarch, “that each individual ought to be allowed the liberty to marry, to have children, to choose his walk in life, to give festivities, or even to follow his desires and tastes, without undergoing a previous inspection and judgment.”[161 - Plutarch, Cato the Censor, 23.]

The condition of Rome then bore a great resemblance to that of England before its electoral reform. For several centuries, the English Constitution was vaunted as the palladium of liberty, although then, as at Rome, birth and fortune were the unique source of honours and power. In both countries the aristocracy, master of the elections by solicitation, money, or rotten boroughs, caused, as the patricians at Rome, the members of the nobility to be elected to parliament, and no one was citizen in either of the two countries without the possession of wealth. Nevertheless, if the people, in England, had no part in the direction of affairs, they boasted justly, before 1789, a liberty which shone brightly in the middle of the silentious atmosphere of the Continental states. The disinterested observer does not examine if the scene where grave political questions are discussed is more or less vast, or if the actors are more or less numerous: he is only struck by the grandeur of the spectacle. Thus, far be from us the intention of blaming the nobility, any more in Rome than in England, for having preserved its preponderance by all the means which laws and habits placed at its disposal. The power was destined to remain with the patricians as long as they showed themselves worthy of it; and, it cannot but be acknowledged, without their perseverance in the same policy, without that elevation of views, without that severe and inflexible virtue, the distinguishing character of the aristocracy, the work of Roman civilisation would not have been accomplished.

At the beginning of the fifth century, the Republic, consolidated, is going to gather the fruit of the many efforts it has sustained. More united henceforward, in the interior, the Romans will turn all their energy towards the conquest of Italy, but it will require nearly a century to realise it. Always stimulated by their institutions, always restrained by an intelligent aristocracy, they will furnish the astonishing example of a people preserving, in the name of liberty and in the midst of agitation, the immobility of a system which will render them masters of the world.

CHAPTER III.

CONQUEST OF ITALY

(From 416 to 488.)

Description of Italy.

I. ANCIENT Italy did not comprise all the territory which has for its natural limits the Alps and the sea. What is called the continental part, or the great plain traversed by the Po, which extends between the Alps, the Apennines, and the Adriatic, was separated from it. This plain, and part of the mountains on the coasts of the Mediterranean, formed Liguria, Cisalpine Gaul, and Venetia. The peninsula, or Italy proper, was bounded, on the north, by the Rubicon, and, probably, by the lower course of the Arno;[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.] on the west, by the Mediterranean; on the east, by the Adriatic; on the south, by the Ionian Sea. (See the Maps, No. 1 and No. 2.)

The Apennines traverse Italy in its whole length. They begin where the Alps end, near Savona, and their chain proceeds, continually rising in elevation, as far as the centre of the peninsula. Mount Velino is their culminating point, and from thence the Apennines continue decreasing in height, until they reach the extremity of the kingdom of Naples. In the northern region they approach the Adriatic; but, in the centre, they cut the peninsula into two parts nearly equal; then, at Mount Caruso (Vultur), near the source of the Bradano (Bradanus), they separate into two branches, one of which penetrates into Calabria, the other into the Terra di Bari as far as Otranto.

The two slopes of the Apennines give birth to various streams which flow some into the Adriatic and others into the Mediterranean. On the eastern side the principal are – the Rubicon, the Pisaurus (Foglia), the Metaurus (Metauro), the Æsis (Esino), the Truentus (Tronto), the Aternus (Pescara), the Sangrus (Sangro), the Trinius (Trigno), the Frento (Fortore), and the Aufidus (Ofanto), which follow generally a direction perpendicular to the chain of mountains. On the western side, the Arnus (Arno), the Ombrus (Ombrone), the Tiber, the Amasenus (Amaseno), the Liris (Garigliano), the Vulturnus (Volturno), and the Silarus (Silaro or Sile), run parallel to the Apennines; but towards their mouths they take a direction nearly perpendicular to the coast. The Bradanus (Bradano), the Casuentus (Basiento), and the Aciris (Agri), flow into the Gulf of Tarentum.

We may admit into ancient Italy the following great divisions and subdivisions: —

To the north, the Senones, a people of Gallic origin, occupying the shores of the Adriatic Sea, from the Rubicon to the neighbourhood of Ancona; Umbria, situated between the Senones and the course of the Tiber; Etruria, between the Tiber and the Mediterranean Sea.

In the centre the territory of Picenum, between Ancona and Hadria, in the Abruzzo Ulteriore; Latium, in the part between the Apennines and the Mediterranean, from the Tiber to the Liris; to the south of Latium, the Volsci, and the Aurunci, the débris of the ancient Ausones, retired between the Liris and the Amasenus, and bordering upon another people of the same race, the Sidicines, established between the Liris and the Vulturnus; the country of the Sabines, between Picenum and Latium; to the east of Latium, in the mountains, the Æqui; the Hernici, backed by the populations of Sabellian stock, namely, the Marsi, the Peligni, the Vestini, the Marrucini, and the Frentani, distributed in the valleys through which run the rivers received by the Adriatic from the extremity of Picenum to the River Fortore.

The territory of Samnium, answering to the great part of the Abruzzi and the province of Molisa, advanced towards the west as far as the upper arm of the Vulturnus, on the north to the banks of the Fortore, and to the south to Mount Vultur. Beyond the Vulturnus extended Campania (Terra di Lavoro and part of the principality of Salerno), from Sinuessa to the Gulf of Pæstum.

Southern Italy, or Magna Græcia, comprised on the Adriatic: first, Apulia (the Capitanata and Terra di Bari) and Messapia (Terra di Otranto); this last terminated in the Iapygian Promontory, and its central part was occupied by the Salentini and divers other Messapian populations, while there existed on the seaboard a great number of Greek colonies; secondly, Lucania, which answered nearly to the modern province of Basilicata, and was washed by the waters of the Gulf of Tarentum; thirdly, Bruttium (now the Calabrias), forming the most advanced point of Italy, and terminating in the Promontory of Hercules.

Dispositions of the People of Italy in regard to Rome.

II. In 416, Rome had finally subdued the Latins, and possessed part of Campania. Her supremacy extended from the present territory of Viterbo to the Gulf of Naples, from Antium (Porto di Anzo) to Sora.

The frontiers of the Republic were difficult to defend, her limits ill determined, and her neighbours the most warlike people of the peninsula.

To the north only, the mountains of Viterbo, covered with a thick forest (silva Ciminia), formed a rampart against Etruria. The southern part of this country had been long half Roman; the Latin colonies of Sutrium (Sutri) and Nepete (Nepi) served as posts of observation. But the Etruscans, animated for ages with hostile feeling towards Rome, attempted continually to recover the lost territory. The Gaulish Senones, who, in 364, had taken and burnt Rome, and often renewed their invasions, had come again to try their fortune. In spite of their defeats in 404 and 405, they were always ready to join the Umbrians and Etruscans in attacking the Republic.

The Sabines, though entertaining from time immemorial tolerably amicable relations with the Romans, offered but a doubtful alliance. Picenum, a fertile and populous country, was peaceful, and the greater part of the mountain tribes of Sabellic race, in spite of their bravery and energy, inspired as yet no fear. Nearer Rome, the Æqui and the Hernici had been reduced to inaction; but the Senate kept in mind their hostilities and nourished projects of vengeance.