No More Learning

and extension of the two nations destined to joint dominion,
along with the absorption as rapidly as possible of the
barbarian races, or those termed barbarian, existing by
their side. In a certain sense we might no doubt name The Jew* akng with Romans and Greeks a third nationality, which
vied with them in ubiquity in the world of that day, and
was destined to play no insignificant part in the new state
of Caesar. We speak of the Jews. This remarkable
people, yielding and yet tenacious, was in the ancient as in
the modern world everywhere and nowhere at home, and everywhere and nowhere powerful. The successors of
David and Solomon were of hardly more significance for the Jews of that age than Jerusalem for those of the present day; the nation found doubtless for its religious and intellectual unity a visible rallying-point in the kingdom of Jerusalem, but the nation itself consisted not merely of the subjects of the Hasmonaeans, but of the innumerable bodies of Jews scattered through the whole
VOL V 160
petty
4i8
THE OLD REPUBLIC AND book v
Parthian and the whole Roman empire. Within the cities of Alexandria especially and of Cyrene the Jews formed special communities administratively and even locally distinct, not unlike the " Jews' quarters " of our "towns, but with a freer position and superintended by a master of the people" as superior judge and administrator. How numerous even in Rome the Jewish population was already before Caesar's time, and how closely at the same time the
even then kept together as fellow-countrymen, is shown by the remark of an author of this period, that it was dangerous for a governor to offend the Jews in his province, because he might then certainly reckon on being hissed after his return by the populace of the capital. Even at this time the predominant business of the Jews was trade ; the Jewish trader moved everywhere with the conquering Roman merchant then, in the same way as he afterwards accompanied the Genoese and the Venetian, and capital flowed in on all hands to the Jewish, by the side of the Roman, merchants. At this period too we encounter the peculiar antipathy of the Occidentals towards this so thoroughly Oriental race and their foreign opinions and customs. This Judaism, although not the most pleasing feature in the nowhere pleasing picture of the mixture of nations which then prevailed, was nevertheless a historical element developing itself in the natural course of things, which the statesman could neither ignore nor combat, and which Caesar on the contrary, just like his predecessor Alexander, with correct discernment of the circumstances, fostered as far as possible. While Alexander, by laying the foundation of Alexandrian Judaism, did not much less for the nation than its own David by planning the temple of Jeru salem, Caesar also advanced the interests of the Jews in Alex andria and in Rome by special favours and privileges, and protected in particular their peculiar worship against the Roman as well as against the Greek local priests. The
Jews
chap. XI THE NEW MONARCHY
419
two great men of course did not contemplate placing the Jewish nationality on an equal footing with the Hellenic or Italo-Hellenic. But the Jew who has not like the Occi dental received the Pandora's gift of political organization, and stands substantially in a relation of indifference to the state ; who moreover is as reluctant to give up the essence of his national idiosyncrasy, as he is ready to clothe it with any nationality at pleasure and to adapt himself up to a
certain degree to foreign habits—the Jew was for this very reason as it were made for a state, which was to be built on the ruins of a hundred living polities and to be endowed with a somewhat abstract and, from the outset, toned-down nationality. Even in the ancient world Judaism was an effective leaven of cosmopolitanism and of national decom
position, and to that extent a specially privileged member in the Caesarian state, the polity of which was strictly speaking nothing but a citizenship of the world, and the nationality of which was at bottom nothing but humanity.
But the Latin and Hellenic nationalities continued to be exclusively the positive elements of the new citizenship. The distinctively Italian state of the republic was thus at an end ; but the rumour that Caesar was ruining Italy and Rome on purpose to transfer the centre of the empire to the Greek east and to make Ilion or Alexandria its capital, was nothing but a piece of talk — very easy to be accounted for, but also very silly — of the angry nobility. On the contrary in Caesar's organizations the Latin nationality
Hellenism,
always retained the preponderance ; as is indicated in the very fact that he issued all his enactments in Latin, although those destined for the Greek-speaking countries were at the same time issued in Greek. In general he arranged the . relations of the two great nations in his monarchy just as his republican predecessors had arranged them in the united Italy ; the Hellenic nationality was protected where it ex isted, the Italian was extended as far as circumstances per-
42o
THE OLD REPUBLIC AND book v
mitted, and the inheritance of the races to be absorbed was destined for This was necessary, because an entire equalizing of the Greek and Latin elements in the state would in all probability have in very short time occasioned that catastrophe which Byzantinism brought about several centuries later for the Greek element was superior to the Roman not merely all intellectual aspects, but also in the measure of its predominance, and had within Italy itself in the hosts of Hellenes and half- Hellenes who migrated compulsorily or voluntarily to Italy an endless number of apostles apparently insignificant, but whose fluence could not be estimated too highly. To mention only the most conspicuous phenomenon in this respect, the rule of Greek lackeys over the Roman monarchs as old as the monarchy. The first the equally long and repul sive list of these personages the confidential servant of Pompeius, Theophanes of Mytilene, who by his power over his weak master contributed probably more than any one else to the outbreak of the war between Pompeius and Caesar. Not wholly without reason he was after his death treated with divine honours by his countrymen he com menced, forsooth, the vaUt de chambre government of the imperial period, which in certain measure was just a dominion of the Hellenes over the Romans. The govern ment had accordingly every reason not to encourage by its fostering action the spread of Hellenism at least in the west. If Sicily was not simply relieved of the pressure of the decumae but had its communities invested with Latin rights, which was presumably meant to be followed in due time by full equalization with Italy, can only have been Caesar's
design that this glorious island, which was at that time desolate and had as to management passed for the greater part into Italian hands, but which nature has destined to be not so much neighbouring land to Italy as rather the finest of its provinces, should become altogether merged in
a
; it.
it
a
;
is in
a
is
in
it
in
chap, XI THE NEW MONARCHY 411
Italy. But otherwise the Greek element, wherever it existed, was preserved and protected. However political crises might suggest to the Imperator the demolition of the strong pillars of Hellenism in the west and in Egypt, Massilia and Alexandria were neither destroyed nor denationalized.
On the other hand the Roman element was promoted Latiniring. by the government through colonization and Latinizing with
all vigour and at the most various points of the empire.
The principle, which originated no doubt from a bad com
bination of formal law and brute force, but was inevitably
necessary in order to freedom in dealing with the nations
destined to destruction —that all the soil in the provinces
not ceded by special act of the government to communities
or private persons was the property of the state, and the
holder of it for the time being had merely an heritable
possession on sufferance and revocable at any time—was retained also by Caesar and raised by him from a demo cratic party-theory to a fundamental principle of monarchical law.
Gaul, of course, fell to be primarily dealt with in the Cisalpine extension of Roman nationality. Cisalpine Gaul obtained throughout —what a great part of the inhabitants had long enjoyed—political equalization with the leading country by
the admission of the Transpadane communities into the Roman burgess-union, which had for long been assumed by
the democracy as accomplished (iv. 2 64, p. 1 3 and was now (705) finally accomplished by Caesar. Practically this pro- 49. vince had already completely Latinized itself during the forty years which had elapsed since the bestowal of Latin rights. The exclusives might ridicule the broad and gurgling accent
of the Celtic Latin, and miss " an undefined something of the grace of the capital " in the Insubrian or Venetian, who as Caesar's legionary had conquered for himself with his sword place in the Roman Forum and even in the Roman senate-house. Nevertheless Cisalpine Gaul with its dense
a
1),
The Narbo. 06
chiefly agricultural population was even before Caesar's time in reality an Italian country, and remained for centuries the true asylum of Italian manners and Italian culture ; in deed the teachers of Latin literature found nowhere else out of the capital so much encouragement and approbation.
While Cisalpine Gaul was thus substantially merged in ^ty1 tne place which it had hitherto occupied was taken by the Transalpine province, which had been converted by
the conquests of Caesar from a frontier into an inland province, and which by its vicinity as well as by its climate was fitted beyond all other regions to become in due course of time likewise an Italian land. Thither princi pally, according to the old aim of the transmarine settle ments of the Roman democracy, was the stream of Italian emigration directed. There the ancient colony of Narbo was reinforced by new settlers, and four new burgess-colonies were instituted at Baeterrae (Beziers) not far from Narbo,
at Arelate (Aries) and Arausio (Orange) on the Rhone, and at the new seaport Forum Julii (Frejus) ; while the names assigned to them at the same time preserved the memory of the brave legions which had annexed northern Gaul to the empire. 1 The townships not furnished with colonists appear, at least for the most part, to have been led on towards Romanization in the same way as Transpadane Gaul in former times (iii. 517) by the bestowal of Latin urban rights ; in particular Nemausus (Nfmes), as the chief
1 Narbo was called the colony of the Decimani, Baeterrae of the Septimani, Forum Julii of the Octavani, Arelate of the Sextani, Arausio of the Secundani. The ninth l»gion is wanting, because it had disgraced its number by the mutiny of Placemia (p. 246). That the colonists of these colonies belonged to the legions from which they took their names, is not stated and is not credible ; the veterans themselves were, at least the great majority of them, settled in Italy (p. 358). Cicero's complaint, that Caesar " had confiscated whole provinces and districts at a blow " (Di Off. it 7, 27 ; comp. Philipp. xiii. 15, 31, 3a) relates beyond doubt, as its close connection with the censure of the triumph over the Massiliots proves, to the confiscations of land made on account of these colonies in the Nar-
bonese province and primarily to the losses of territory imposed 00 Massilia,
423
THE OLD REPUBLIC AND book t
chap, M THE NEW MONARCHY
433
place of the territory taken from the Massiliots in conse quence of their revolt against Caesar 229), was converted from Massiliot village into Latin urban community, and endowed with considerable territory and even with the right of coinage. 1 While Cisalpine Gaul thus advanced from the preparatory stage to full equality with Italy, the Narbonese province advanced at the same time into that preparatory stage just as previously in Cisalpine Gaul, the most considerable communities there had the full franchise, the rest Latin rights.
In the other non-Greek and non-Latin regions of the empire, which were still more remote from the influence of Italy and the process of assimilation, Caesar confined him self to the establishment of several centres for Italian civilization such as Narbo had hitherto been in Gaul, in order by their means to pave the way for future complete
Such initial steps can be pointed out in all the provinces of the empire, with the exception of the poorest and least important of all, Sardinia. How Caesar Northern Gaul, we have already set forth
equalization.
proceeded
96); the Latin language there obtained throughout
Northern
Spain,
official recognition, though not yet employed for all branches of public intercourse, and the colony of Novio- dunum (Nyon) arose on the Leman lake as the most northerly town with an Italian constitution.
In Spain, which was presumably at that time the most densely peopled country of the Roman empire, not merely
We are not expressly informed from whom the Latin rights of the non-colonized townships of this region and especially of Nemausus pro ceeded. But as Caesar himself (B. C. 35) virtually states that Nemausus
up to 705 was a Massiliot village as according to Livy's account (Dio, 49. xli. 25 Flor. ii. 13 Oros. vi. 15) this very portion of territory was taken from the Massiliots by Caesar and lastly as even on pre-Augustan coins
and then in Strabo the town appears as a community of Latin rights, Caesar alone can have been the author of this bestowal of Latinity. As to Ruscino (Roussillon near Perpignan) and other communities in Nar bonese Gaul which early attained a Latin urban constitution, we can only conjecture that they received contemporarily with Nemausus.
it
;
;
;
a
;
;
a
i.
1
(p.
in
a
a
(p.
424
THE OLD REPUBLIC AND book v
were Caesarian colonists settled in the important Helleno- Iberian seaport town of Emporiae by the side of the old population ; but, as recently-discovered records have shown, a number of colonists probably taken predominantly from the proletariate of the capital were provided for in the town of Urso (Osuna), not far from Seville in the heart of Andalusia, and perhaps also in several other townships of this province. The ancient and wealthy mercantile city of Cades, whose municipal system Caesar even when praetor had remodelled suitably to the times, now obtained from the Imperator the full rights of the Italian municipia
49. (705) and became — what Tusculum had been in Italy 448) — the first extra-Italian community not founded
Rome which was admitted into the Roman burgess-union. 46. Some years afterwards (709) similar rights were conferred also on some other Spanish communities, and Latin rights
Carthago.
presumably on still more.
In Africa the project, which Gaius Gracchus had not
been allowed to bring to an issue, was now carried out, and on the spot where the city of the hereditary foes of Rome had stood, 3000 Italian colonists and great number of the tenants on lease and sufferance resident in the Carthaginian territory were settled and the new " Venus-colony," the Roman Carthage, throve with amazing rapidity under the incomparably favourable circumstances of the locality. Utica, hitherto the capital and first com mercial town in the province, had already been in some measure compensated beforehand, apparently the be stowal of Latin rights, for the revival of its superior rival. In the Numidian territory newly annexed to the empire the important Cirta and the other communities assigned to the Roman condottiere Publius Sittius for himself and his troops (p. 300) obtained the legal position of Roman military colonies. The stately provincial towns indeed, which the insane fury of Juba and of the desperate remnant of the
by
;
a
(i.
by
chap, xi THE NEW MONARCHY
435
constitutional party had converted into ruins, did not revive so rapidly as they had been reduced to ashes, and many a ruinous site recalled long afterwards this fatal period; but the two new Julian colonies, Carthage and Cirta, became and continued to be the centres of Africano- Roman civilization.
In the desolate land of Greece, Caesar, besides other plans such as the institution of a Roman colony in Buth- rotum (opposite Corfu), busied himself above all with the restoration of Corinth. Not only was a considerable burgess-colony conducted thither, but a plan was projected for cutting through the isthmus, so as to avoid the dangerous circumnavigation of the Peloponnesus and to make the whole traffic between Italy and Asia pass through the Corintho-Saronic gulf Lastly even in the remote Hellenic east the monarch called into existence Italian settlements; on the Black Sea, for instance, at Heraclea and Sinope, which towns the Italian colonists shared, as in the case of Emporiae, with the old inhabitants; on the Syrian coast, in the important port of Berytus, which like Sinope obtained an Italian constitution ; and even in Egypt, where a Roman station was established on the lighthouse -island commanding the harbour of Alex andria.
Corinth,
Through these ordinances the Italian municipal free- Extension
dom was carried into the provinces in a manner far more comprehensive than had been previously the case. The communities of full burgesses —that all the towns of the Cisalpine province and the burgess-colonies and burgess-
scattered in Transalpine Gaul and elsewhere — were on an equal footing with the Italian, in so far as they administered their own affairs, and even exercised cer tainly limited jurisdiction while on the other hand the more important processes came before the Roman authori ties competent to deal with them — as rule, the governor
Tta! - municipal
J^8""^ provinces.
munidpia
The wit
a
is,
;
a
436
THE OLD REPUBLIC AND book v
of the province. 1 The formally autonomous Latin and the other emancipated communities —thus including all those of Sicily and of Narbonese Gaul, so far as they were not burgess-communities,— and a considerable number also in the other provinces had not merely free administration, but probably unlimited jurisdiction; so that the governor was only entitled to interfere there by virtue of his— certainly very arbitrary —administrative control. No doubt even earlier there had been communities of full burgesses within the provinces of governors, such as Aquileia, and Narbo, and whole governors' provinces, such as Cisalpine Gaul, had consisted of communities with Italian constitu tion ; but it was, if not in law, at least in a political
point of view a singularly important innovation, that there was now a province which as well as Italy was peopled solely by Roman burgesses,2 and that others promised to become
such.
1 That no community of full burgesses had more than limited jurisdic tion, is certain. But the fact, which is distinctly apparent from the Caesarian municipal ordinance for Cisalpine Gaul, is a surprising one— that the processes lying beyond municipal competency from this province went not before its governor, but before the Roman praetor ; for in other cases the governor is in his province quite as much representative of the praetor who administers justice between burgesses as of the praetor who administers justice between burgess and non-burgess, and is thoroughly competent to determine all processes. Beyond doubt this is a remnant of the arrangement before Sulla, under which in the whole continental territory as far as the Alps the urban magistrates alone were competent, and thus all the processes there, where they exceeded municipal competency, necessarily came before the praetors in Rome. In Narbo again, Gades, Carthage, Corinth, the processes in such a case went certainly to the governor concerned ; as indeed even from practical considerations the carrying of a suit to Rome could not well be thought of.
3 It is difficult to see why the bestowal of the Roman franchise on a province collectively, and the continuance of a provincial administration for should be usually conceived as contrasts excluding each other. Besides, Cisalpine Gaul notoriously obtained the civitas by the Roscian
40. decree of the people of the nth March 705, while remained a province as long as Caesar lived and was only united with Italy after his death 48. (Dio, xlviii. 12) the governors also can be pointed out down to 711. The very fact that the Caesarian municipal ordinance never designates the country as Italy, but as Cisalpine Gaul, ought to have led to the right
view.
;
it
it,
chap, W THE NEW MONARCHY 427
With this disappeared the first great practical distinction Italy
and the
provinces
that separated Italy from the provinces ; and the second-
that ordinarily no troops were stationed in Italy, while reduced to they were stationed in the provinces —was likewise in the one course of disappearing; troops were now stationed only
where there was a frontier to be defended, and the com
mandants of the provinces in which this was not the case,
such as Narbo and Sicily, were officers only in name. The
formal contrast between Italy and the provinces, which had
at all times depended on other distinctions (iii. 309), con tinued certainly even now to subsist, for Italy was the sphere of civil jurisdiction and of consuls and praetors, while the provinces were districts under the jurisdiction of martial law and subject to proconsuls and propraetors; but the pro cedure according to civil and according to martial law had for long been practically coincident, and the different titles
of the magistrates signified little after the one Iraperator was over all.
— In all these various municipal foundations and ordinances
which are traceable at least in plan, if not perhaps all in execution, to Caesar — a definite system is apparent. Italy was converted from the mistress of the subject peoples into the mother of the renovated Italo- Hellenic nation. The Cisalpine province completely equalized with the mother- country was a promise and a guarantee that, in the monarchy of Caesar just as in the healthier times of the
republic, every Latinized district might expect to be placed on an equal footing by the side of its elder sisters and of the mother herself. On the threshold of full national and political equalization with Italy stood the adjoining lands, the Greek Sicily and the south of Gaul, which was rapidly becoming Latinized. In a more remote stage of prepara
tion stood the other provinces of the empire, in which, just as hitherto in southern Gaul Narbo had been a Roman colony, the great maritime cities—Emporiae, Gades, Car-
Organiza tion of the new empire.
THE OLD REPUBLIC AND BOOK V
thage, Corinth, Heraclea in Pontus, Sinope, Berytus, Alexandria — now became Italian or Helleno-Italian com munities, the centres of an Italian civilization even in the Greek east, the fundamental pillars of the future national and political levelling of the empire. The rule of the urban community of Rome over the shores of the Medi terranean was at an end ; in its stead came the new Medi terranean state, and its first act was to atone for the two greatest outrages which that urban community had perpe trated on civilization. While the destruction of the two greatest marts of commerce in the Roman dominions
marked the turning-point at which the protectorate of the Roman community degenerated into political tyrannizing over, and financial exaction from, the subject lands, the prompt and brilliant restoration of Carthage and Corinth marked the foundation of the new great commonwealth which was to train up all the regions on the Mediterranean to national and political equality, to union in a genuine state. Well might Caesar bestow on the city of Corinth in addition to its far-famed ancient name the new one of
" Honour to Julius " (Lavs Jvli).
While thus the new united empire was furnished with a
national character, which doubtless necessarily lacked indi viduality and was rather an inanimate product of art than a fresh growth of nature, it further had need of unity in those institutions which express the general life of nations —in constitution and administration, in religion and juris prudence, in money, measures, and weights ; as to which, of course, local diversities of the most varied character were quite compatible with essential union. In all these depart ments we can only speak of the initial steps, for the thorough formation of the monarchy of Caesar into an unity was the work of the future, and all that he did was to lay the founda tion for the building of centuries. But of the lines, which the great man drew in these departments, several can still
chap, x1 THE NEW MONARCHY
439
be recognized ; and it is more pleasing to follow him here, than in the task of building from the ruins of the nation alities.
As to constitution and administration, we have already Census noticed elsewhere the most important elements of the new ^p^ unity—the transition of the sovereignty from the municipal
council of Rome to the sole master of the Mediterranean monarchy ; the conversion of that municipal council into
a supreme imperial council representing Italy and the
municipal
'
above all, the transference —now commenced
provinces;
—of the Roman, and generally of the Italian, organization to the provincial communities. This latter course—the bestowal of Latin, and thereafter of Roman, rights on the communities ripe for full admission to the united state- -gradually of itself brought about uniform communal arrangements. In one respect alone this pro cess could not be waited for. The new empire needed immediately an institution which should place before the government at a glance the principal bases of administra tion —the proportions of population and property in the different communities —in other words an improved census. First the census of Italy was reformed. According to
Caesar's ordinance1 —which probably, indeed, only carried out the arrangements which were, at least as to principle, adopted in consequence of the Social war —in future, when a census took place in the Roman community, there were to be simultaneously registered by the highest authority in each Italian community the name of every municipal burgess and that of his father or manumitter, his district, his age, and his property ; and these lists were to be furnished to the Roman censor early enough to enable
1 The continued subsistence of the municipal census-authorities speaks for the view, that the local holding of the census had already been estab lished for Italy in consequence of the Social war (Staalsreeht, ii. ' 368) ; but probably the carrying out of this system was Caesar's work.
Religion empire.
him to complete in proper time the general list of Roman burgesses and of Roman property. That it was Caesar's intention to introduce similar institutions also in the pro vinces is attested partly by the measurement and survey of the whole empire ordered by him, partly by the nature of the arrangement itself ; for it in fact furnished the general instrument appropriate for procuring, as well in
the Italian as in the non-Italian communities of the state, the information requisite for the central administration. Evidently here too it was Caesar's intention to revert to the traditions of the earlier republican times, and to reintroduce the census of the empire, which the earlier republic had effected —essentially in the same way as Caesar effected the Italian — by analogous extension of
the institution of the urban censorship with its set terms and other essential rules to all the subject communities of Italy and Sicily (ii. 58, 211). This had been one of the first institutions which the torpid aristocracy allowed to drop, and in this way deprived the supreme administra tive authority of any view of the resources in men and taxation at its disposal and consequently of all possibility of an effective control (iii. 34). The indications still extant, and the very connection of things, show irrefrag- ably that Caesar made preparations to renew the general census that had been obsolete for centuries.
We need scarcely say that in religion and in jurisprudence no thorough levelling could be thought of; yet with all toleration towards local faiths and municipal statutes the new state needed a common worship corresponding to the Italo-Hellenic nationality and a general code of law superior to the municipal statutes. It needed them ; for de facto both were already in existence. In the field of religion men had for centuries been busied in fusing together the Italian and Hellenic worships partly by external adoption, partly by internal adjustment of their respective conceptions
430
THE OLD REPUBLIC AND book T
chap, XI THE NEW MONARCHY
431
of the gods ; and owing to the pliant formless character of the Italian gods, there had been no great difficulty in
resolving Jupiter into Zeus, Venus into Aphrodite, and so every essential idea of the Latin faith into its Hellenic
empire.
The Italo- Hellenic religion stood forth in ready-made ; how much in this very depart were conscious of having gone beyond the
counterpart
its outlines
ment men
specifically
an Italo- Hellenic quasi -nationality, is shown by the dis tinction made in the already-mentioned theology of Varro between the " common " gods, that those acknowledged
Roman point of view and advanced towards
Romans and Greeks, and the special gods of the Roman community.
So far as concerns the field of criminal and police law, Law of the where the government more directly interferes and the ne- emPlre- cessities of the case are substantially met judicious legislation, there was no difficulty in attaining, in the way of
legislative action, that degree of material uniformity which certainly was in this department needful for the unity of the
In the civil law again, where the initiative belongs to commercial intercourse and merely the formal shape to the legislator, the code for the united empire, which the legis lator certainly could not have created, had been already long since developed in natural way by commercial intercourse itself. The Roman urban law was still indeed legally based on the embodiment of the Latin national law contained in the Twelve Tables. Later laws had doubtless introduced various improvements of detail suited to the times, among which the most important was probably the abolition of the old inconvenient mode of commencing process through standing forms of declaration the parties 302) and the substitution of an instruction drawn up in writing
the presiding magistrate for the single juryman {formula): but in the main the popular legislation had only piled upon that venerable foundation an endless chaos of special laws
by
by
a (i.
by a
a
by
is,
The new
„^ •dkt.
long since in great part antiquated and forgotten, which can only be compared to the English statute-law. The attempts to impart to them scientific shape and system had certainly rendered the tortuous paths of the old civil law accessible, and thrown light upon them (iv. 252) ; but no Roman Blackstone could remedy the fundamental defect, that an urban code composed four hundred years ago with its equally diffuse and confused supplements was now to serve as the law of a great state.
Commercial intercourse provided for itself a more thorough remedy. The lively intercourse between Romans and non-Romans had long ago developed in Rome an international private law (Jus gentium; i. 200), that is to say, a body of maxims especially relating to commercial matters, according to which Roman judges pronounced judgment, when a cause could not be decided either according to their own or any other national code and they were compelled —setting aside the peculiarities of Roman, Hellenic, Phoenician and other law — to revert to the common views of right underlying all dealings. The formation of the newer law attached itself to this basis. In the first place as a standard for the legal dealings of Roman burgesses with each other, it de facto substituted for the old urban law, which had become practically useless, a new code based in substance on a compromise between the national law of the Twelve Tables and the international law or so-called law of nations. The former was essentially adhered to, though of course with modifications suited to the times, in the law of marriage, family, and inheritance ;
whereas in all regulations which concerned dealings with property, and consequently in reference to ownership and contracts, the international law was the standard ; in these matters indeed various important arrangements were borrowed even from local provincial law, such as the legisla tion as to usury 401), and the institution of hypotiuea.
432
THE OLD REPUBLIC AND book v
(p.
chap, XI THE NEW MONARCHY
433
Through whom, when, and how this comprehensive innova tion came into existence, whether at once or gradually, whether through one or several authors, are questions to which we cannot furnish a satisfactory answer. We know only that this reform, as was natural, proceeded in the first instance from the urban court; that it first took formal shape in the instructions annually issued by the praetor urbanus, when entering on office, for the guidance of the parties in reference to the most important maxims of law to be observed in the judicial year then beginning (edictum annuum or perpetuum praetoris urbani de iuris dictione) ; and that, al though various preparatory steps towards it may have been taken in earlier times, it certainly only attained its completion in this epoch. The new code was theoretic and abstract, inasmuch as the Roman view of law had therein divested itself of such of its national peculiarities as it had become aware of ; but it was at the same time practical and positive, inasmuch as it by no means faded away into the dim twilight of general equity or even into the pure nothingness of the so-called law of nature, but was applied by definite functionaries for definite concrete cases according to fixed rules, and was not merely capable of, but had already essentially received, a legal embodiment in the urban edict. This code moreover corresponded in matter to the wants of the time, in so far as it furnished the more convenient forms required by the increase of intercourse for legal pro cedure, for acquisition of property, and for conclusion of contracts. Lastly, it had already in the main become subsidiary law throughout the compass of the Roman empire, inasmuch as — while the manifold local statutes were retained for those legal relations which were not directly commercial, as well as for local transactions between members of the same legal district — dealings relating to property between subjects of the empire belong ing to different legal districts were regulated throughout
rOL. V l6l
Caesar's
codieca- tion.
after the model of the urban edict, though not applicable de jure to these cases, both in Italy and in the provinces. The law of the urban edict had thus essentially the same position in that age which the Roman law has occupied in our political development ; this also so far as such opposites can be combined, at once abstract and positive this also recommended itself its (compared with the earlier legal code) flexible forms of intercourse, and took its place by the side of the local statutes as universal subsidiary law. But the Roman legal development had an essential advantage over ours in this, that the denationalized legislation appeared not, as with us, prematurely and by artificial birth, but at the right time and agreeably to nature.
Such was the state of the law as Caesar found If ne ProJected the plan for new code, not difficult to say what were his intentions. This code could only com prehend the law of Roman burgesses, and could be general code for the empire merely so far as code of the ruling nation suitable to the times could not but of itself become general subsidiary law throughout the compass of the empire. In criminal law, the plan embraced this at all, there was needed only revision and adjustment of the Sullan ordinances. In civil law, for state whose nation ality was properly humanity, the necessary and only possible formal shape was to invest that urban edict, which had already spontaneously grown out of lawful commerce, with the security and precision of statute-law. The first step
87. towards this had been taken the Cornelian law of 687, when enjoined the judge to keep to the maxims set forth at the beginning of his magistracy and not arbitrarily to administer other law (iv. 457)— regulation, which may well be compared with the law of the Twelve Tables, and which became almost as significant for the fixing of the later urban law as that collection for the fixing of the earlier.
434
THE OLD REPUBLIC AND book v
by a
by
it
a
it is
a
if
a
a
it a;
is,
chap, XI THE NEW MONARCHY
435
But although after the Cornelian decree of the people the edict was no longer subordinate to the judge, but the judge was by law subject to the edict ; and though the new code had practically dispossessed the old urban law in judicial usage as in legal instruction —every urban judge was still free at his entrance on office absolutely and arbitrarily to alter the edict, and the law of the Twelve Tables with its additions still always outweighed formally the urban edict, so that in each individual case of collision the antiquated rule had to be set aside by arbitrary interference of the magistrates, and therefore, strictly speaking, by violation of formal law. The subsidiary application of the urban edict in the court of the praetor peregrinus at Rome and in the different provincial judicatures was entirely subject to the arbitrary pleasure of the individual presiding magistrates. It was evidently necessary to set aside definitely the old urban law, so far as it had not been transferred to the newer, and in the case of the latter to set suitable limits to its arbitrary alteration by each individual urban
judge, possibly also to regulate its subsidiary application by the side of the local statutes. This was Caesar's design, when
he projected the plan for his code ; for it could not have been otherwise. The plan was not executed ; and thus that troublesome state of transition in Roman jurisprudence was perpetuated till this necessary reform was accomplished six centuries afterwards, and then but imperfectly, by one of the successors of Caesar, the Emperor Justinian.
Lastly, in money, measures, and weights the substantial equalization of the Latin and Hellenic systems had long been in progress. It was very ancient so far as concerned the definitions of weight and the measures of capacity and of length indispensable for trade and commerce
263/), and in the monetary system little more recent than the introduction of the silver coinage (iii. 87). But these older
equations were not sufficient, because in the Hellenic
(i.
436
THE OLD REPUBLIC AND book v
world itself the most varied metrical and monetary systems subsisted side by side ; it was necessary, and formed part doubtless of Caesar's plan, now to introduce everywhere in the new united empire, so far as this had not been done already, Roman money, Roman measures, and Roman weights in such a manner that they alone should be reckoned by in official intercourse, and that the non-Roman systems should be restricted to local currency or placed in a — once for all regulated — ratio to the Roman. 1 The action of Caesar, however, can only be pointed out in two of the most important of these departments, the monetary system and the calendar.
The Roman monetary system was based on the two prec>ous metals circulating side by side and in a fixed relation to each other, gold being given and taken according to weight,8 silver in the form of coin; but practically in consequence of the extensive transmarine intercourse the
far preponderated over the silver. Whether the acceptance of Roman silver money was not even at an earlier period obligatory throughout the empire, is uncertain ; at any rate uncoined gold essentially supplied the place of imperial money throughout the Roman territory, the more so as the Romans had prohibited the coining of gold in all the provinces and client-states, and the denarius had, in addition to Italy, de jure or de facto naturalized itself in Cisalpine Gaul, in Sicily, in Spain and various other places, especially in the west (iv. 180). But the imperial coinage begins with Caesar. Exactly like Alexander, he
1 Weights recently brought to light at Pompeii suggest the hypothesis that at the commencement of the imperial period alongside of the Roman pound the Attic mina (presumably in the ratio of 3 : 4) passed current as a second imperial weight (Hermes, xvi. 311).
s The gold pieces, which Sulla (iv. 179) and contemporarily Pompeius caused to be struck, both in small quantity, do not invalidate this proposi tion ; for they probably came to be token solely by weight just like the golden Phillippei which were in circulation even down to Caesar's time. They are certainly remarkable, because they anticipate the Caesarian Imperial gold just as Sulla's regency anticipated the new monarchy.
Gold coin
currency. currency.
gold
chap, xi THE NEW MONARCHY
437
marked the foundation of the new monarchy embracing the civilized world by the fact that the only metal forming an universal medium obtained the first place in the coinage. The greatness of the scale on which the new Caesarian gold piece (20s. 7& according to the present value of the metal) was immediately coined, is shown by the fact that in a single treasure buried seven years after Caesar's death 80,000 of these pieces were found together. It is true that financial speculations may have exercised a collateral influence in this respect. 1 As to the silver money, the exclusive rule of the Roman denarius in all the west, for which the foundation had previously been laid, was finally established by Caesar, when he definitively closed the only Occidental mint that still competed in silver currency with the Roman, that of Massilia. The coining of silver or copper small money was still permitted to a number of Occidental communities ; three-quarter denarii were struck by some Latin communities of southern Gaul, half denarii by several cantons in northern Gaul, copper small coins in various instances even after Caesar's time by communes of the west; but this small money was throughout coined after the Roman standard, and its acceptance moreover was probably obligatory only in local dealings. Caesar does not seem any more than the earlier government to have contemplated the regulation with a view to unity of the monetary system of the east, where great masses of coarse silver money — much of which too easily admitted of being debased or worn away —and to some extent even, as in Egypt, a copper coinage akin to our paper money
1 It appears, namely, that in earlier times the claims of the state- creditors payable in silver could not be paid against their will in gold according to its legal ratio to silver ; whereas it admits of no doubt, that from Caesar's time the gold piece had to be taken as a valid tender for 100 silver sesterces. This was just at that time the more important, as in consequence of the great quantities of gold put into circulation by Caesar it stood for a time in the currency of trade 25 per cent below the legal ratio.
Reform of the calendar.
were in circulation, and the Syrian commercial cities would have felt very severely the want of their previous national coinage corresponding to the Mesopotamian currency. We find here subsequently the arrangement that the denarius has everywhere legal currency and is the only medium of official reckoning,1 while the local coins have legal currency within their limited range but according to a tariff unfavour able for them as compared with the denarius} This was probably not introduced all at once, and in part perhaps may have preceded Caesar; but it was at any rate the essential complement of the Caesarian arrangement as to the imperial coinage, whose new gold piece found its immediate model in the almost equally heavy coin of Alexander and was doubtless calculated especially for circulation in the east
Of a kindred nature was the reform of the calendar.
The republican calendar, which strangely enough was still the old decemviral calendar—an imperfect adoption of the octaeteris that preceded Meton (ii.
216)—had by a com bination of wretched mathematics and wretched administra tion come to anticipate the true time by 67 whole days, so that e. g. the festival of Flora was celebrated on the nth July instead of the 28th April. Caesar finally removed this evil, and with the help of the Greek mathematician Sosigenes introduced the Italian farmer's year regulated according to the Egyptian calendar of Eudoxus, as well as a rational system of intercalation, into religious and official use ; while at the same time the beginning of the year on
1 There is probably no inscription of the Imperial period, which specifies sums of money otherwise ihan in Roman coin.
2 Thus the Attic drachma, although sensibly heavier than the denarius, was yet reckoned equal to it ; the Utradrachmon of Antioch, weighing on an average 15 grammes of silver, was made equal to 3 Roman denarii, which only weigh about ia grammes ; the cistaphorus of Asia Minor was according to the value of silver above 3, according to the legal tariff =aj denarii \ the Rhodian half drachma according to the value of silver = J, according to the legal tariff = J of a denarius, ind so on.
438
THE OLD REPUBLIC AND BOOK V
chap, XI THE NEW MONARCHY
439
the 1st March of the old calendar was abolished, and the
date of the ist January—fixed at first as the official term for
changing the supreme magistrates and, in consequence of this, long since prevailing in civil life—was assumed also as
the calendar- period for commencing the year. Both changes came into effect on the ist January 709, and *& along with them the use of the Julian calendar so named after its author, which long after the fall of the monarchy
of Caesar remained the regulative standard of the civilized world and in the main is so still. By way of explanation there was added in a detailed edict a star-calendar derived from the Egyptian astronomical observations and trans ferred — not indeed very skilfully — to Italy, which fixed the rising and setting of the stars named according to days of the calendar. 1 In this domain also the Roman and Greek worlds were thus placed on a par.
Such were the foundations of the Mediterranean mon- Caesar and
archy of Caesar. For the second time in Rome the social question had reached a crisis, at which the antagonisms not only appeared to be, but actually were, in the form of their exhibition, insoluble and, in the form of their expression, irreconcilable. On the former occasion Rome had been saved by the fact that Italy was merged in Rome and Rome in Italy, and in the new enlarged and altered home those old antagonisms were not reconciled, but fell into abeyance. Now Rome was once more saved by the fact that the coun tries of the Mediterranean were merged in it or became prepared for merging; the war between the Italian poor
1 The Identity or this edict drawn up perhaps by Marcus Flavius (Macrob. Sai. i. 14, 2) and the alleged treatise of Caesar, De Stellis, is shown by the joke of Cicero (Plutarch, Caes. 59) that now the Lyre rises according to edict
We may add that it was known even before Caesar that the solar year of 365 days 6 hours, which was the basis of the Egyptian calendar, and which he made the basis of his, was somewhat too long. The most exact calculation of the tropical year which the ancient world was acquainted with, that of Hipparchus, put it at 365 d. 5 h. 52' 12" ; the true length is 365 d. 5 h. 48' 48".
wor
440
THE OLD REPUBLIC AND book v
and rich, which in the old Italy could only end with the destruction of the nation, had no longer a battle-field or a meaning in the Italy of three continents. The Latin colonies closed the gap which threatened to swallow up the Roman community in the fifth century ; the deeper chasm of the seventh century was filled by the Transalpine and transmarine colonizations of Gaius Gracchus and Caesar. For Rome alone history not merely performed miracles, but also repeated its miracles, and twice cured the internal crisis, which in the state itself was incurable, by regenerating the state. There was doubtless much corruption in this regeneration ; as the union of Italy was accomplished over the ruins of the Samnite and Etruscan nations, so the Mediterranean monarchy built itself on the ruins of count less states and tribes once living and vigorous ; but it was a corruption out of which sprang a fresh growth, part of which remains green at the present day. What was pulled
down for the sake of the new building, was merely the secondary nationalities which had long since been marked out for destruction by the levelling hand of civilization. Caesar, wherever he came forward as a destroyer, only carried out the pronounced verdict of historical
develop ment ; but he protected the germs of culture, where and as he found them, in his own land as well as among the sister nation of the Hellenes. He saved and renewed the Roman
type ; and not only did he spare the Greek type, but with the same self-relying genius with which he accomplished the renewed foundation of Rome he undertook also the regeneration of the Hellenes, and resumed the interrupted work of the great Alexander, whose image, we may well believe, never was absent from Caesar's soul. He solved these two great tasks not merely side by side, but the one by means of the other. The two great essentials of humanity —general and individual development, or state and culture—once in embryo united in those old Graeco-Italians
chap, XI THE NEW MONARCHY 441
feeding their flocks in primeval simplicity far from the coasts and islands of the Mediterranean, had become dissevered when these were parted into Italians and Hellenes, and had thenceforth remained apart for many centuries. Now the descendant of the Trojan prince and the Latin king's daughter created out of a state without distinctive culture and a cosmopolitan civilization a new whole, in which state and culture again met together at the acme of human exist ence in the rich fulness of blessed maturity and worthily filled the sphere appropriate to such an union.
The outlines have thus been set forth, which Caesar drew for this work, according to which he laboured himself, and according to which posterity—for many centuries con fined to the paths which this great man marked out— endeavoured to prosecute the work, if not with the intellect and energy, yet on the whole in accordance with the inten tions, of the illustrious master. Little was finished ; much even was merely begun. Whether the plan was complete, those who venture to vie in thought with such a man may decide ; we observe no material defect in what lies before us—every single stone of the building enough to make a man immortal, and yet all combining to form one harmo- 1 nious whole. Caesar ruled as king of Rome for five years and a half, not half as long as Alexander ; in the intervals of seven great campaigns, which allowed him to stay not more than fifteen months altogether l in the capital of his empire, he regulated the destinies of the world for the
and the future, from the establishment of the boundary-line between civilization and barbarism down to the removal of the pools of rain in the streets of the capital, and yet retained time and composure enough attentively to follow the prize-pieces in the theatre and to confer the
1 Caesar staved in Rome in April and Dec. 705, on each occasion for a 49.
few days ; from Sept. to Dec. 707 ; some four months in the autumn of 47.
the year of fifteen months 708, and from Oct. 709 to March 710. 46. 46. 44.
present
THE OLD REPUBLIC AND NEW MONARCHY bk. v
chaplet on the victor with improvised verses. The rapidity and self-precision with which the plan was executed prove that it had been long meditated thoroughly and all its parts settled in detail ; but, even thus, they remain not much less wonderful than the plan itself. The outlines were laid down and thereby the new state was defined for all coming time; the boundless future alone could complete the structure. So far Caesar might say, that his aim was at tained ; and this was probably the meaning of the words which were sometimes heard to fall from him—that he had "lived enough. " But precisely because the building was an endless one, the master as long as he lived restlessly added stone to stone, with always the same dexterity and always the same elasticity busy at his work, without ever
442
or postponing, just as if there were for him merely a to-day and no to-morrow. Thus he worked and created as never did any mortal before or after him ; and as a worker and creator he still, after wellnigh two thousand years, lives in the memory of the nations — the first, and withal unique, Imperator Caesar.
overturning
chap, xil RELIGION, CULTURE, LITERATURE, ART
443
CHAPTER XII
RELIGION, CULTURE, LITERATURE, AND ART
In the development of religion and philosophy no new State- element appeared during this epoch. The Romano- Hellenic state -religion and the Stoic state-philosophy inseparably combined with it were for every government —oligarchy, democracy or monarchy—not merely a con venient instrument, but quite indispensable for the very reason that it was just as impossible to construct the
state wholly without religious elements as to discover any new state-religion fitted to take the place of the old. So the besom of revolution swept doubtless at times very roughly through the cobwebs of the augural bird-lore (p. in); nevertheless the rotten machine creaking at every joint survived the earthquake which swallowed up the republic itself, and preserved its insipidity and its arrogance without diminution for transference to the new monarchy. As a matter of course, it fell more and more into disfavour with all those who preserved their freedom of judgment. Towards the state-religion indeed public opinion maintained an attitude essentially indifferent; it was on all sides recognized as an institution of political convenience, and no one specially troubled himself about it with the exception of political and antiquarian literati. But towards its philo sophical sister there gradually sprang up among the unpre judiced public that hostility, which the empty and yet per-
444
XELIGION, CULTURE, book v
fidious hypocrisy of set phrases never fails in the long run to awaken. That a presentiment of its own worthlessness began to dawn on the Stoa itself, is shown by its attempt artificially to infuse into itself some fresh spirit in the way of syncretism. Antiochus of Ascalon (flourishing about
79. 675), who professed to have patched together the Stoic and Platonic-Aristotelian systems into one organic unity, in reality so far succeeded that his misshapen doctrine became the fashionable philosophy of the conservatives of his time and was conscientiously studied by the genteel dilettanti and literati of Rome. Every one who displayed any
I intellectual vigour, opposed the Stoa or ignored It was principally antipathy towards the boastful and tiresome Roman Pharisees, coupled doubtless with the increasing disposition to take refuge from practical life in indolent apathy or empty irony, that occasioned during this epoch the extension of the system of Epicurus to larger circle and the naturalization of the Cynic philosophy of Diogenes in Rome. However stale and poor in thought the former might be, philosophy, which did not seek the way to wisdom through an alteration of traditional terms but contented itself with those in existence, and throughout recognized only the perceptions of sense as true, was always better than the terminological jingle and the hollow
of the Stoic wisdom and the Cynic philo sophy was of all the philosophical systems of the times in so far by much the best, as its system was confined to the having no system at all and sneering at all systems and all systematizers. In both fields war was waged against the Stoa with zeal and success for serious men, the Epicurean Lucretius preached with the full accents of heartfelt conviction and of holy zeal against the Stoical faith in the gods and providence and the Stoical doctrine of the immortality of the soul for the great public ready to laugh, the Cynic Varro hit the mark still more sharply
conceptions
;
;
;
a
a
it.
chap, XII LITERATURE, AND ART
445
with the flying darts of his extensively-read satires. While thus the ablest men of the older generation made war on the Stoa, the younger generation again, such as Catullus, stood in no inward relation to it at all, and passed a far sharper censure on it by completely ignoring it
But, if in the present instance a faith no longer believed The
in was maintained out of political convenience, they amply °"ePtal made up for this in other respects. Unbelief and supersti
tion, different hues of the same historical phenomenon,
went in the Roman world of that day hand in hand, and
there was no lack of individuals who in themselves com
bined both — who denied the gods with Epicurus, and yet
prayed and sacrificed before every shrine. Of course only
the gods that came from the east were still in vogue, and,
as the men continued to flock from the Greek lands to
Italy, so the gods of the east migrated in ever-increasing numbers to the west The importance of the Phrygian cultusat that time in Rome is shown both by the polemical
tone of the older men such as Varro and Lucretius, and by
the poetical glorification of it in the fashionable Catullus,
which concludes with the characteristic request that the goddess may deign to turn the heads of others only, and
not that of the poet himself.
A fresh addition was the Persian worship, which is said to have first reached the Occidental through the medium of the pirates who met on the Mediterranean from the east and from the west ; the oldest seat of this cultus in the west is stated to have been Mount Olympus in Lycia. That in the adoption of Oriental worships in the west such higher
Worship
and moral elements as they contained were generally allowed to drop, is strikingly evinced by the fact that Ahuramazda, the supreme god of the pure doctrine of Zarathustra, remained virtually unknown in the west, and adoration there was especially directed to that god who had occupied the first place in the old Persian national religion
speculative
Worship
and had been transferred by Zarathustra to the second—the
sun-god Mithra.
But the brighter and gentler celestial forms of the
Persian religion did not so rapidly gain a footing in Rome as the wearisome mystical host of the grotesque divinities of Egypt —Isis the mother of nature with her whole train, the constantly dying and constantly reviving Osiris, the gloomy Sarapis, the taciturn and grave Harpocrates, the dog-headed Anubis. In the year when Clodius emanci-
446
RELIGION, CUi. TURE, book v
68. pated the clubs and conventicles (696), and doubtless in consequence of this very emancipation of the populace, that host even prepared to make its entry into the old stronghold of the Roman Jupiter in the Capitol, and it was with difficulty that the invasion was prevented and the inevitable temples were banished at least to the suburbs of Rome. No worship was equally popular among the lower orders of the population in the capital : when the senate ordered the temples of Isis constructed within the ring-wall to be pulled down, no labourer ventured to lay the first hand on them, and the consul Lucius Paullus was himself
60. obliged to apply the first stroke of the axe (704) ; a wager might be laid, that the more loose any woman was, the more piously she worshipped Isis. That the casting of lots, the interpretation of dreams, and similar liberal arts supported their professors, was a matter of course. The
The new BoreanUm.
casting of horoscopes was already a scientific pursuit ; Lucius Tarutius of Firmum, a respectable and in his own way learned man, a friend of Varro and Cicero, with all gravity cast the nativity of kings Romulus and Numa and of the city of Rome itself, and for the edification of the credulous on either side confirmed by means of his Chaldaean and Egyptian wisdom the accounts of the Roman annals.
But by far the most remarkable phenomenon in this domain was the first attempt to mingle crude faith with
chap, xil LITERATURE, AND ART 447
speculative thought, the first appearance of those tendencies,
which we are accustomed to describe as Neo-Platonic, in
the Roman world. Their oldest apostle there was Publius Nigidim
l^as-
Nigidius Figulus, a Roman of rank belonging to the strictest section of the aristocracy, who filled the praetorship in 696 68. and died in 709 as a political exile beyond the bounds of 45. Italy. With astonishing copiousness of learning and still more astonishing strength of faith he created out of the most dissimilar elements a philosophico-religious structure,
the singular outline of which he probably developed still more in his oral discourses than in his theological and physical writings. In philosophy, seeking deliverance from
the skeletons of the current systems and abstractions, he recurred to the neglected fountain of the pre-Socratic philosophy, to whose ancient sages thought had still pre sented itself with sensuous vividness. The researches of
science — which, suitably treated, afford even now so excellent a handle for mystic delusion and pious sleight of hand, and in antiquity with its more defective insight into physical laws lent themselves still more easily to such objects — played in this case, as may readily be conceived, a considerable part. His theology was based essentially on that strange medley, in which Greeks of a kindred spirit had intermingled Orphic and other very old or very new indigenous wisdom with Persian, Chaldaean, and
secret doctrines, and with which Figulus incor porated the quasi-results of the Tuscan investigation into nothingness and of the indigenous lore touching the flight of birds, so as to produce further harmonious confusion. The whole system obtained its consecration —political, religious, and national —from the name of Pythagoras, the ultra-conservative statesman whose supreme principle was "to promote order and to check disorder," the miracle- worker and necromancer, the primeval sage who was a native of Italy, who was interwoven even with the legendary
physical
Egyptian
448
RELIGION, CULTURE, book v
history of Rome, and whose statue was to be seen in the Roman Forum. As birth and death are kindred with each other, so—it seemed —Pythagoras was to stand not merely by the cradle of the republic as friend of the wise Numa and colleague of the sagacious mother Egeria, but also by its grave as the last protector of the sacred bird-lore. But the new system was not merely marvellous, it also worked marvels; Nigidius announced to the father of the subse quent emperor Augustus, on the very day when the latter was born, the future greatness of his son ; nay the prophets conjured up spirits for the credulous, and, what was of more moment, they pointed out to them the places where their lost money lay. The new-and-old wisdom, such as it was, made a profound impression on its contemporaries ; men of the highest rank, of the greatest learning, of the most solid ability, belonging to very different parties—the
49. consul of 705, Appius Claudius, the learned Marcus Varro, the brave officer Publius Vatinius—took part in the citation of spirits, and it even appears that a police interference was necessary against the proceedings of these societies. These last attempts to save the Roman theology, like the kindred efforts of Cato in the field of politics, produce at once a comical and a melancholy impression ; we may smile at the creed and its propagators, but still it is a grave matter when even able men begin to addict themselves to absurdity.
Training of youth.
The training of youth followed, as may naturally be supposed, the course of bilingual humane culture chalked out in the previous epoch, and the general culture also of the Roman world conformed more and more to the forms established for that purpose by the Greeks. Even the bodily exercises advanced from ball-playing, running, and fencing to the more artistically-developed Greek gymnastic contests ; though there were not yet any public institutions for gymnastics, in the principal country-houses the palaestra
chap, Xli LITERATURE, AND ART
449
was already to be found by the side of the bath-rooms.
The manner in which the cycle of general culture had Sciences of changed in the Roman world during the course of a JS^^t century, is shown by a comparison of the encyclopaedia of this period. Cato (iii. 195) with the similar treatise of Varro "concern
ing the school-sciences. " As constituent elements of non professional culture, there appear in Cato the art of oratory,
the sciences of agriculture, of law, of war, and of medicine ;
in Varro —according to probable conjecture —grammar,
logic or dialectics, rhetoric, geometry, arithmetic, astronomy,
music, medicine, and architecture. Consequently in the
course of the seventh century the sciences of war, juris
prudence, and agriculture had been converted from general
into professional studies. On the other hand in Varro the
Hellenic training of youth appears already in all its com
pleteness : by the side of the course of grammar, rhetoric,
and philosophy, which had been introduced at an earlier
period into Italy, we now find the course which had longer
remained distinctively Hellenic, of geometry, arithmetic, astronomy, and music. 1 That astronomy more especially,
which ministered, in the nomenclature of the stars, to the thoughtless erudite dilettantism of the age and, in its
relations to astrology, to the prevailing religious delusions,
was regularly and zealously studied by the youth in Italy,
can be proved also otherwise ; the astronomical didactic
poems of Aratus, among all the works of Alexandrian
literature, found earliest admittance into the instruction of
Roman youth. Tj this Hellenic course there was added the study of medicine, which was retained from the older Roman instruction, and lastly that of architecture —indispens able to the genteel Roman of this period, who instead of cultivating the ground built houses and villas.
1 These form, as is well known, the so-called seven liberal arts, which, with this distinction between the three branches of discipline earlier naturalized in Italy and the four subsequently received, maintained their position throughout the middle ages.
tout i6a
450 Greek In
junction.
Alexan- drinism.
RELIGION, CULTURE, BOOK V
In comparison with the previous epoch the Greek as well as the Latin training improved in extent and in scholastic strictness quite as much as it declined in purity and in refinement The increasing eagerness after Greek lore gave to instruction of itself an erudite character. To explain Homer or Euripides was after all no art ; teachers and scholars found their account better in handling the Alexandrian poems, which, besides, were in their spirit far more congenial to the Roman world of that day than the genuine Greek national poetry, and which, if they were not quite so venerable as the Iliad, possessed at any rate an age sufficiently respectable to pass as classics with school masters. The love-poems of Euphorion, the " Causes " of Callimachus and his " Ibis," the comically obscure " Alex andra" of Lycophron contained in rich abundance rare vocables {glossae) suitable for being extracted and interpreted, sentences laboriously involved and difficult of analysis, prolix digressions full of mystic combinations of antiquated myths, and generally a store of cumbersome erudition of all sorts. Instruction needed exercises more and more difficult ; these productions, in great part model efforts of schoolmasters, were excellently adapted to be lessons for model scholars. Thus the Alexandrian poems took a permanent place in Italian scholastic instruction, especially as trial-themes, and certainly promoted knowledge, although at the expense of taste and of discretion. The same un healthy appetite for culture moreover impelled the Roman youths to derive their Hellenism as much as possible from the fountain-head. The courses of the Greek masters in
Rome sufficed only for a first start ; every one who wished to be able to converse heard lectures on Greek philosophy at Athens, and on Greek rhetoric at Rhodes, and made a literary and artistic tour through Asia Minor, where most of the old art-treasures of the Hellenes were still to be found on the spot, and the cultivation of the fine arts had
chap, xii LITERATURE, AND ART
451
been continued, although after a mechanical fashion; whereas Alexandria, more distant and more celebrated as the seat of the exact sciences, was far more rarely the point whither young men desirous of culture directed their travels.
The advance in Latin instruction was similar to that of Latin In- Greek. This in part resulted from the mere reflex influ
ence of the Greek, from which it in fact essentially borrowed
its methods and its stimulants. Moreover, the relations of
politics, the impulse to mount the orators' platform in the Forum which was imparted by the democratic doings to an ever-widening circle, contributed not a little to the diffusion and enhancement of oratorical exercises ; " wherever one casts his eyes," says Cicero, " every place is full of rhetoricians. " Besides, the writings of the sixth century, the farther they receded into the past, began to be more decidedly regarded as classical texts of the golden age of Latin literature, and thereby gave a greater pre ponderance to the instruction which was essentially concen trated upon them. Lastly the immigration and spreading of barbarian elements from many quarters and the incipient Latinizing of extensive Celtic and Spanish districts, naturally gave to Latin grammar and Latin instruction a higher importance than they could have had, so long as Latium only spoke Latin ; the teacher of Latin literature had from the outset a different position in Comum and Narbo than he had in Praeneste and Ardea. Taken as a whole, culture was more on the wane than on the advance. The ruin of the Italian country towns, the extensive intrusion of foreign elements, the political, economic, and moral deterioration of the nation, above all, the distracting civil wars inflicted more injury on the language than all the schoolmasters of the world could repair. The closer contact with the Hellenic culture of the present, the more decided influence of the talkative Athenian wisdom and of the rhetoric of Rhodes and Asia Minor, supplied to the
45i
RELIGION, CULTURE, book v
Roman youth just the very elements that were most per nicious in Hellenism. The propagandist mission which Latium undertook among the Celts, Iberians, and Libyans
i —proud as the task was—could not but have the like con sequences for the Latin language as the Hellenizing of the east had had for the Hellenic. The fact that the Roman public of this period applauded the well arranged and rhythmically balanced periods of the orator, and any offence in language or metre cost the actor dear, doubtless shows that the insight into the mother tongue which was the reflection of scholastic training was becoming the common possession of an ever-widening circle. But at the same time contemporaries capable of judging complain that the
M- Hellenic culture in Italy about 690 was at a far lower level than it had been a generation before ; that opportunities of hearing pure and good Latin were but rare, and these chiefly from the mouth of elderly cultivated ladies ; that the tradition of genuine culture, the good old Latin mother wit, the Lucilian polish, the cultivated circle of readers of the Scipionic age were gradually disappearing. The circumstance that the term urbanitas, and the idea of a polished national culture which it expressed, arose during this period, proves, not that it was prevalent, but that it was on the wane, and that people were keenly alive to the absence of this urbanitas in the language and the habits of the Latinized barbarians or barbarized Latins. Where we still meet with the urbane tone of conversation, as in Varro's Satires and Cicero's Letters, it is an echo of the old fashion which was not yet so obsolete in Reate and Arpinum as in Rome.
Germs of ***? e. . schools.
Thus the previous culture of youth remained substan- tially unchanged, except that — not so much from its own deterioration as from the general decline of the nation —it was productive of less good and more evil than in the preceding epoch. Caesar initiated a revolution also in this
chap, xil LITERATURE, AND ART
453
department. While the Roman senate had first combated and then at the most had simply tolerated culture, the
of the new Italo-Hellenic empire, whose essence in fact was humanitas, could not but adopt measures to stimulate it after the Hellenic fashion. If Caesar conferred the Roman franchise on all teachers of the liberal sciences and all the physicians of the capital, we may discover in this step a paving of the way in some degree for those institutions in which subsequently the higher bilingual culture of the youth of the empire was
for on the part of the state, and which form the most significant expression of the new state of humanitas ; and if Caesar had further resolved on the establishment of a public Greek and Latin library in the capital and had already nominated the most learned Roman of the age, Marcus Varro, as principal librarian, this implied unmistake- ably the design of connecting the cosmopolitan monarchy with cosmopolitan literature.
The development of the language during this period Language turned on the distinction between the classical Latin of cultivated society and the vulgar language of common life.
The former itself was a product of the distinctively Italian
culture; even in the Scipionic circle "pure Latin" had
become the cue, and the mother tongue was spoken, no
longer in entire naiveti, but in conscious contradistinction
to the language of the great multitude. This epoch opens The
with a remarkable reaction against the classicism which ofJ^gTM had hitherto exclusively prevailed in the higher language of Minor, conversation and accordingly also in literature —a reaction
which had inwardly and outwardly a close connection with the reaction of a similar nature in the language of Greece. Just about this time the rhetor and romance-writer Hegesias of Magnesia and the numerous rhetors and literati of Asia Minor who attached themselves to him began to rebel against the orthodox Atticism. They demanded full
government
provided
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Roman eansm-
recognition for the language of life, without distinction, whether the word or the phrase originated in Attica or in Caria and Phrygia ; they themselves spoke and wrote not for the taste of learned cliques, but for that of the great public. There could not be much objection to the principle; only, it is true, the result could not be better than was the public of Asia Minor of that day, which had totally lost the taste for chasteness and purity of production, and longed only after the showy and brilliant To say nothing of the spurious forms of art that sprang out of this tendency—especially the romance and the history assuming the form of romance — the very style of these Asiatics was, as may readily be conceived, abrupt and without modulation and finish, minced and effeminate, full of tinsel and bombast, thoroughly vulgar and affected ; " any one who knows Hegesias," says Cicero, "knows what silliness is. "
Yet this new style found its way also into the Latin world. When the Hellenic fashionable rhetoric, after having at the close of the previous epoch obtruded into the Latin instruction of youth (iv. 214), took at the beginning of the present period the final step and mounted the Roman orators' platform in the person of
Quintus Hortensius. Hortensius (640-704), the most celebrated pleader of the
' Sullan age, it adhered closely even in the Latin idiom to the bad Greek taste of the time ; and the Roman public, no longer having the pure and chaste culture of the Scipionic age, naturally applauded with zeal the innovator who knew how to give to vulgarism the semblance of an artistic performance. This was of great importance. As in Greece the battles of language were always waged at first in the schools of the rhetoricians, so in Rome the forensic oration to a certain extent even more than literature set the standard of style, and accordingly there was combined, as it were of right, with the leadership of the bar the prerogative of giving the tone to the fashion.
chap, xil LITERATURE, AND ART
455
able mode of speaking and writing. The Asiatic vulgarism
of Hortensius thus dislodged classicism from the Roman
platform and partly also from literature. But the fashion Reactiom. soon changed once more in Greece and in Rome. In the
former it was the Rhodian school of rhetoricians, which, The without reverting to all the chaste severity of the Attic style, Rhod'an attempted to strike out a middle course between it and the
modern fashion : if the Rhodian masters were not too par
ticular as to the internal correctness of their thinking and speaking, they at least insisted on purity of language and
style, on the careful selection of words and phrases, and the
giving thorough effect to the modulation of sentences.
In Italy it was Marcus Tullius Cicero (648-711) who,
after having in his early youth gone along with the Jij? ! ? ? " Hortensian manner, was brought by hearing the Rhodian masters and by his own more matured taste to better paths,
and thenceforth addicted himself to strict purity of language and the thorough periodic arrangement and modulation of his discourse. The models of language,
which in this respect he followed, he found especially in
those circles of the higher Roman society which had suffered
but little or not at all from vulgarism ; and, as was already
said, there were still such, although they were beginning
to disappear. The earlier Latin and the good Greek literature, however considerable was the influence of the
latter more especially on the rhythm of his oratory, were in
this matter only of secondary moment : this purifying of
the language was by no means a reaction of the language
of books against that of conversation, but a reaction of the language of the really cultivated against the jargon of spurious and partial culture. Caesar, in the department of language also the greatest master of his time, expressed the fundamental idea of Roman classicism, when he enjoined
that in speech and writing every foreign word should be avoided, as rocks are avoided by the mariner ; the poetical
cicero-
The new Roman poetiy.
and the obsolete word of the older literature was rejected as well as the rustic phrase or that borrowed from the language of common life, and more especially the Greek words and phrases which, as the letters of this period show, had to a very great extent found their way into conversa tional language. Nevertheless this scholastic and artificial classicism of the Ciceronian period stood to the Scipionic as repentance to innocence, or the French of the classicists under Napoleon to the model French of Moliere and Boileau ; while the former classicism had sprung out of the full freshness of life, the latter as it were caught just in right time the last breath of a race perishing beyond recovery. Such as it was, it rapidly diffused itself. With the leadership of the bar the dictatorship of language and taste passed from Hortensius to Cicero, and the varied and copious authorship of the latter gave to this classicism— what it had hitherto lacked — extensive prose texts. Thus Cicero became the creator of the modern classical Latin prose, and Roman classicism attached itself throughout and altogether to Cicero as a stylist ; it was to the stylist Cicero, not to the author, still less to the statesman, that the panegyrics —extravagant yet not made up wholly of verbiage —applied, with which the most gifted representatives of classicism, such as Caesar and Catullus, loaded him.
They soon went farther. What Cicero did in prose, was carried out in poetry towards the end of the epoch by the new Roman school of poets, which modelled itself on the Greek fashionable poetry, and in which the man of most considerable talent was Catullus. Here too the higher language of conversation dislodged the archaic reminiscences which hitherto to a large extent prevailed in this domain, and as Latin prose submitted to the Attic rhythm, so Latin poetry submitted gradually to the strict or rather painful metrical laws of the Alexandrines; e^r. from the time of Catullus, it is no longer allowable at once
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chap, xil LITERATURE, AND ART
45J
to begin a verse and to close a sentence begun in the verse preceding with a monosyllabic word or a dissyllabic one not specially weighty.
At length science stepped in, fixed the law of language, Gnmmatl-
and developed its rule, which was no longer determined on the basis of experience, but made the claim to determine experience. The endings of declension, which hitherto had in part been variable, were now to be once for all fixed ; e. g. of the genitive and dative forms hitherto current side by side in the so-called fourth declension (senatuis and senatus, senatui and senafu) Caesar recognized exclusively as valid the contracted forms (us and In orthography various changes were made, to bring the written more fully into correspondence with the spoken language thus the u in the middle of words like maxumus was replaced after Caesar's precedent /; and of the two letters which had become superfluous, and the removal of the first was effected, and that of the second was at least proposed. The language was, not yet stereotyped, in the course of becoming so was not yet indeed unthinkingly dominated by rule, but had already become conscious of it That this action in the department of Latin grammar derived generally its spirit and method from the Greek, and not only so, but that the Latin language was also directly rectified accordance with Greek precedent, shown, for example, by the treatment of the final which till towards the close of this epoch had at pleasure passed sometimes as consonant, sometimes not as one, but was treated by the new-fashioned poets throughout, as in Greek, as consonantal termination. This regulation of language
the proper domain of Roman classicism in the most various ways, and for that very reason all the more signifi cantly, the rule inculcated and the offence against rebuked by the coryphaei of classicism, by Cicero, by Caesar, even in the poems of Catullus whereas the older
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Literary effort
458
RELIGION, CULTURE, book v
generation expresses itself with natural keenness of feeling respecting the revolution which had affected the field of language as remorselessly as the field of politics. 1 But while the new classicism — that is to say, the standard Latin governed by rule and as far as possible placed on a parity with the standard Greek —which arose out of a conscious reaction against the vulgarism intruding into higher society and even into literature, acquired literary fixity and systematic shape, the latter by no means evacu ated the field. Not only do we find it naively employed in the works of secondary personages who have drifted into the ranks of authors merely by accident, as in the account of Caesar's second Spanish war, but we shall meet it also with an impress more or less distinct in literature proper, in the mime, in the semi-romance, in the aesthetic writings of Varro ; and it is a significant circumstance, that it maintains itself precisely in the most national departments of literature, and that truly conservative men, like Varro, take it into protection. Classicism was based on the death of the Italian language as monarchy on the decline of the Italian nation ; it was completely consistent that the men, in whom the republic was still living, should continue to give to the living language its rights, and for the sake of its comparative vitality and nationality should tolerate its aesthetic defects. Thus then the linguistic opinions and tendencies of this epoch are everywhere divergent ; by the side of the old-fashioned poetry of Lucretius appears the
modern poetry of Catullus, by the side of Cicero's well-modulated period stands the sentence of Varro intentionally disdaining all subdivision. In this field likewise is mirrored the distraction of the age.
In the literature of this period we are first of all struck by the outward increase, as compared with the former
1 Thus Varro (Dt S. R. i. a) says : ai aeditimo, ut dictrt didirimtu m fatribu1 nottrii ; ut corrigimur ai recentitus urianis, ai atdituo.
thoroughly
chap, xii LITERATURE, AND ART
459
epoch, of literary effort in Rome. It was long since the Greek literary activity of the Greeks flourished no more in the m r,,,^ free atmosphere of civic independence, but only in the scientific institutions of the larger cities and especially of
the courts. Left to depend on the favour and protection
of the great, and dislodged from the former seats of the
Muses1 by the extinction of the dynasties of Pergamus
(621), Cyrene (658), Bithynia (679), and Syria (690) and 138. 96. by the waning splendour of the court of the Lagids —more-
over, since the death of Alexander the Great, necessarily cosmopolitan and at least quite as much strangers among
the Egyptians and Syrians as among the Latins — the Hellenic literati began more and more to turn their eyes towards Rome. Among the host of Greek attendants with which the Roman of quality at this time surrounded him
self, the philosopher, the poet, and the memoir-writer played conspicuous parts by the side of the cook, the boy- favourite, and the jester. We meet already literati of note
in such positions ; the Epicurean Philodemus, for instance, was installed as domestic philosopher with Lucius Piso consul in 696, and occasionally edified the initiated with 68. his clever epigrams on the coarse-grained Epicureanism of
1 The dedication of the poetical description of the earth which passes under the name of Scymnus is remarkable to reference to those relations. After the poet has declared his purpose of preparing to the favourite Menandrian measure a sketch of geography intelligible for scholars and easy to be learned by heart, he dedicates — as Apollodorus dedicated his similar historical compendium to Attains Philadelphia lung of Pergamus
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