No More Learning

It is sufficient in this respect to mention the storm which the candidature of Cato for the censorship provoked, and the measures, so extraordinarily reckless and in violation of all form, by which the senate prevented the judicial prosecution of
the two unpopular censors of the year 550. But with 204. their magnifying the glory of the censorship the government combined a characteristic distrust of this, their most impor
tant and for that very reason most dangerous, instrument. It was thoroughly necessary to leave to the censors absolute control over the personal composition of the senate and the equites ; for the right of exclusion could not well be separated from the right of summoning, and it was indispensable to retain such a right, not so much for the purpose of removing from the senate capable men of the opposition —a course which the smooth -going government of that age cautiously avoided —as for the purpose of pre serving around the aristocracy that moral halo, without which it must have speedily become a prey to the opposition. The right of ejection was retained ; but what they chiefly needed was the glitter of the naked blade—the edge of which they feared, they took care to blunt. —Besides the check involved in the nature of the office under which the lists of the members of the aristocratic corporations were liable to revision only at intervals of five years —and besides the limitations resulting
/'
it,
Remodel ling of the constitu tion according to the
mainly based on the senate, the equites, and the censorship —the nobility not only usurped in substance the government, but also remodelled the constitution according to their own views. It was
12 THE GOVERNMENT AND THE GOVERNED book hi
from the right of veto vested in the colleague and the
of cancelling vested in the successor, there was added a farther check which exercised a very sensible influence; a usage equivalent to law made it the duty of the censor not to erase from the list any senator or knight without specifying in writing the grounds for his decision, or, in other words, adopting, as a rule, a quasi-judicial procedure. —
right
In this political position
views of the part of their policy, with a view to keep up the appreciation nobility. of the public magistracies, to add to the number of these as little as possible, and to keep it far below what was
required by the extension of territory and the increase of
Inadequate business. Only the most urgent exigencies were barely
number of met by the division of the judicial functions hitherto
— discharged by a single praetor between two judges one
of whom tried the lawsuits between Roman burgesses,
and the other those that arose between non-burgesses or 243. between burgess and non-burgess —in 511, and by the
nomination of four auxiliary consuls for the four trans 227. marine provinces of Sicily (527), Sardinia including Corsica
227. 197. (527), and Hither and Further Spain (557). The far too summary mode of initiating processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
magis trates.
Election of officers is the comitia.
Among the innovations originated by the government — which were none the less innovations, that almost uniformly they changed not the letter, but merely the practice of the existing constitution —the most prominent were the measures by which the filling up of officers' posts as well as of civil magistracies was made to depend not, as the letter
chap. XI THE GOVERNMENT AND THE GOVERNED
13
of the constitution allowed and its spirit required, simply on merit and ability, but more and more on birth and seniority. As regards the nomination of staff-officers this was done not in form, but all the more in substance. It had already, in the course of the previous period, been in great part transferred from the general to the burgesses
397) m tms period came the further step, that the whole staff-officers of the regular yearly levy—the twenty- four military tribunes of the four ordinary legions — were nominated the comitia tributa. Thus line of de marcation more and more insurmountable was drawn between the subalterns, who gained their promotion from the general punctual and brave service, and the staff, which obtained its privileged position canvassing the burgesses 73). With view to check simply the worst abuses in this respect and to prevent young men
quite untried from holding these important posts, became necessary to require, as preliminary to the be stowal of staff appointments, evidence of certain number of years of service. Nevertheless, when once the military tribunate, the true pillar of the Roman military system, was laid down as the first stepping-stone in the political career of the young aristocrats, the obligation of service inevitably came to be frequently eluded, and the election
of officers became liable to all the evils of democratic canvassing and of aristocratic exclusiveness. was cutting commentary on the new institution, that in serious wars (as in 583) was found necessary to suspend this democratic mode of electing officers, and to leave once more to the general the nomination of his staff.
171.
In the case of civil offices, the first and chief object was
to limit re-election to the supreme magistracies. This was
certainly necessary, the presidency of annual kings was not consuls and to be an empty name and even in the preceding period re- censor"- election *o the consulship was not permitted till after the
Restric-
^2^°°
;
if
it
Jf
It a
it
a
by
a
a a
(ii.
by
> in
(*•
THE GOVERNMENT AND THE GOVERNED book hi
lapse of ten years, while in the case of the censorship it was altogether forbidden 402). No farther law was passed in the period before us but an increased stringency in its application obvious from the fact that, while the law as to
817. the ten years' interval was suspended in 537 during the con tinuance of the war in Italy, there was no farther dispensa tion from afterwards, and indeed towards the close of this period re-election seldom occurred at all. Moreover,
ISO. towards the end of this epoch (574) decree of the people was issued, binding the candidates for public magistracies to undertake them in fixed order of succession, and to observe certain intervals between the offices, and certain
limits of age. Custom, indeed, had long prescribed both of these but was sensibly felt restriction of the freedom of election, when the customary qualification was raised into
legal requirement, and the right of disregarding such re quirements in extraordinary cases was withdrawn from the elective body. In general, admission to the senate was thrown open to persons belonging to the ruling families without distinction as to ability, while not only were the poorer and humbler ranks of the population utterly precluded from access to the offices of government, but all Roman bur gesses not belonging to the hereditary aristocracy were practically excluded, not indeed exactly from the senate, but from the two highest magistracies, the consulship and the censorship. After Manius Curius and Gaius Fabri- cius 394), no instance can be pointed out of consul who did not belong to the social aristocracy, and probably no instance of the kind occurred at all. But the number of the gentes, which appear for the first time in the lists of consuls and censors the half-century from the beginning of the war with Hannibal to the close of that with Perseus,
extremely limited and far the most of these, such as the Flaminii, Terentii, Porcii, Acilii, and Laelii, may be referred to elections the opposition, or are traceable to
14
is
a
(i.
;in a
by a
(i. ;
by
a
;
it
a
it
is
chap, XI THE GOVERNMENT AND THE GOVERNED
special aristocratic connections. The election of Gaius Laelius in 564, for instance, was evidently due to the Scipios. WO. The exclusion of the poorer classes from the government
was, no doubt, required by the altered circumstances of the case. Now that Rome had ceased to be a purely Italian state and had adopted Hellenic culture, it was no longer possible to take a small farmer from the plough and to set
him at the head of the community. But it was neither
nor beneficial that the elections should almost without exception be confined to the narrow circle of the curule houses, and that a " new man " could only make his way into that circle by a sort of usurpation. 1 No doubt a
1 The stability of the Roman nobility may be clearly traced, more
especially in the case of the patrician gentes, by means of the consular
and aedilician Fasti. As is well known, the consulate was held by one
patrician and one plebeian in each year from 388 to 581 (with the 866-178. exception of the years 399, 400, 401, 403, 405, 409, 411, in which both
consuls were patricians). Moreover, the colleges of curule aediles were composed exclusively of patricians in the odd years of the Varronian reckoning, at least down to the close of the sixth century, and they are
known for the sixteen years 541, 545. 547. 549. 55*. 553. 555. 557. 56*. 565, 567, 575, 585, 589, 591, 593. These patrician consuls and aediles are, as respects their gentes, distributed as follows :—
necessary
Cornell! , ■
Valerii. ,•IO 8 Claudll. . •4 8 a Aemilii. . >9 6 a
Fabii . . . 6 Manlii. . 4 Postumii . . >a Servilii. .
6 z 6 1 6 •
15 15 *4 4
3 4 a 3 3 I a 3 — 6 a a
Quincttt . .
Furii. .
Sulpicil . .
Veturil .
Papirii . . •
Nautii. > a — — Jnffl. . . ,1 —X Fotia. x — —
70 70 39
Thus the fifteen or sixteen houses of the high nobility, that powerful in the state at the time of the Licinian laws, maintained their
a
— a — 3 1 —
15
Consuls. Consuls. Cunilc aediles
388-500. 501-581. of those 16 patrician collegt*.
Family govern-
16 THE GOVERNMENT AND THE GOVERNED book m
certain hereditary character was inherent not merely in the nature of the senate as an institution, in so far as it rested from the outset on a representation of the clans 97), but in the nature of aristocracy generally, in so far as statesmanly wisdom and statesmanly experience are bequeathed from the
able father to the able son, and the inspiring spirit of an
illustrious ancestry fans every noble spark within the human
breast into speedier and more brilliant flame. In this sense
the Roman aristocracy had been at all times hereditary in
fact, had displayed its hereditary character with great
naivete" in the old custom of the senator taking his sons with
him to the senate, and of the public magistrate decorating
his sons, as were by anticipation, with the insignia of the
highest official honour —the purple border of the consular,
and the golden amulet-case of the triumphator. But, while
in the earlier period the hereditariness of the outward dignity
had been to certain extent conditioned by the inheritance
of intrinsic worth, and the senatorial aristocracy had guided
the state not primarily by virtue of hereditary right, but by
virtue of the highest of all rights of representation —the
right of the excellent, as contrasted with the ordinary, man
—
after the end of the Hannibalic war) from its original high position, as the aggregate of those in the community who were most experienced in counsel and action, down to an order of lords filling up its ranks hereditary succession, and exercising collegiate misrule.
Indeed, matters had already at this time reached such height, that out of the grave evil of oligarchy there emerged the still worse evil of usurpation of power by particular
ground without material change in their relative numbers—which no doubt were partly kept up by adoption —for the next two centuries, and indeed down to the end of the republic. To the circle of the plebeian nobility new gentes doubtless were from time to time added but the old plebeian houses, such as the Licinii, Fulvii, Atilii, Domitii, Marcii. Junii, predominate very decidedly in the Fasti throughout three cen turies.
sank in this epoch (and with specially great rapidity
;
(i.
a
by
it
a
it k
;
chap, xi THE GOVERNMENT AND THE GOVERNED
17
families. We have already spoken (ii. 484) of the offensive family-policy of the conqueror of Zama, and of his unhappily successful efforts to cover with his own laurels the incapacity and pitifulness of his brother; and the nepotism of the Flaminini was, if possible, still more shameless and scandalous than that of the Scipios. Absolute freedom of election in fact turned to the advantage of such coteries far more than of the electing body. The election of Marcus Valerius Corvus to the consulship at twenty-three had doubt less been for the benefit of the state ; but now, when Scipio obtained the aedileship at twenty-three and the consulate at thirty, and Flamininus, while not yet thirty years of age, rose from the quaestorship to the consulship, such proceedings involved serious danger to the republic. Things had already reached such a pass, that the only effective barrier against family rule and its consequences had to be found in a government strictly oligarchical ; and this was the reason why even the party otherwise opposed to the oligarchy agreed to restrict the freedom of election.
The government bore the stamp of this gradual change Gotwb. in the spirit of the governing class. It is true that the TM^he administration of external affairs was still dominated at noblliiy. this epoch by that consistency and energy, by which the
rule of the Roman community over Italy had been estab
lished. During the severe disciplinary times of the war
as to Sicily the Roman aristocracy had gradually raised
itself to the height of its new position; and if it unconsti tutionally usurped for the senate functions of government
which by right fell to be shared between the magistrates
and the comitia alone, it vindicated the step by its certainly
far from brilliant, but sure and steady, pilotage of the
vessel of the state during the Hannibalic storm and the complications thence arising, and showed to the world
that the Roman senate was alone able, and in
respects alone deserved, to rule the wide circle of the
vou m
many 67
Internal adminis tration.
18 THE GOVERNMENT AND THE GOVERNED book iii
Italo- Hellenic states. But admitting the noble attitude of the ruling Roman senate in opposition to the outward foe — an attitude crowned with the noblest results — we may not overlook the fact, that in the less conspicuous, and yet far more important and far more difficult, administra tion of the internal affairs of the state, both the treatment of the existing arrangements and the new institutions betray an almost opposite spirit, or, to speak more correctly, indicate that the opposite tendency has already acquired the predominance in this Meld.
In relation, first of all, to the individual burgess the government was no longer what it had been. The term " magistrate " meant a man who was more than other men ; and, if he was the servant of the community, he was for that very reason the master of every burgess. But the
of the rein was now visibly relaxed. Where coteries and canvassing flourish as they did in the Rome of that age, men are chary of forfeiting the reciprocal services of their fellows or the favour of the multitude by stern words and impartial discharge of official duty. If now and then magistrates appeared who displayed the gravity and the sternness of the olden time, they were ordinarily, like Cotta (502) and Cato, new men who had not sprung from the bosom of the ruling class. It was
already something singular, when Paullus, who had been named commander-in-chief against Perseus, instead of tendering his thanks in the usual manner to the burgesses, declared to them that he presumed they had chosen him as general because they accounted him the most capable of command, and requested them accordingly not to help him to command, but to be silent and obey.
The supremacy and hegemony of Rome in the terri tories of the Mediterranean rested not least on the strict ness of her military discipline and her administration of justice. Undoubtedly she was still, on the whole, at that
Decline In the admi nistration.
As to military discipline and admi nistration
of Justice.
163.
tightness
chap, xi THE GOVERNMENT AND THE GOVERNED
19
time infinitely superior in these respects to the Hellenic, Phoenician, and Oriental states, which were without ex ception thoroughly disorganized ; nevertheless grave abuses were already occurring in Rome. We have previously
501 /. ) pointed out how the wretched character of
the commanders-in-chief —and that not merely in the case
of demagogues chosen perhaps by the opposition, like Gaius Flaminius and Gaius Varro, but of men who were good aristocrats — had already in the third Macedonian
war imperilled the weal of the state. And the mode in which justice was occasionally administered shown
the scene in the camp of the consul Lucius Quinctius Flamininus at Placentia (562). To compensate favourite ltl youth for the gladiatorial games of the capital, which through his attendance on the consul he had missed the opportunity of seeing, that great lord had ordered Boian
of rank who had taken refuge in the Roman camp to be summoned, and had killed him at banquet with his own hand. Still worse than the occurrence itself, to which
various parallels might be adduced, was the fact that the perpetrator was not brought to trial and not only so, but when the censor Cato on account of erased his name from the roll of the senate, his fellow -senators invited the expelled to resume his senatorial stall in the theatre — he was, no doubt, the brother of the liberator of the Greeks, and one of the most powerful coterie-leaders in the senate.
The financial system of the Roman community also Aitothe retrograded rather than advanced during this epoch. The manfSf*th^
amount of their revenues, indeed, was visibly on the in- finances. crease. The indirect taxes —there were no direct taxes in
Rome — increased in consequence of the enlargement of
the Roman territory, which rendered necessary, for example, to institute new customs- offices along the Cam-
pan:an and Bruttian coasts at Puteoli, Castra (Squillace),
and elsewhere, 555 and 575. The same reason led to 1W. 171
in
it
a it
;
a
is a
by
(ii.
20 THE GOVERNMENT AND THE GOVERNED book in
104. the new salt-tariff of 550 fixing the scale of prices at which salt was to be sold in the different districts of Italy, as it was no longer possible to furnish salt at one and the same price to the Roman burgesses now scattered through out the land; but, as the Roman government probably supplied the burgesses with salt at cost price, if not below
this financial measure yielded no gain to the state. Still more considerable was the increase in the produce of the domains. The duty indeed, which of right was payable to the treasury from the Italian domain-lands granted for occupation, was in the great majority of cases neither demanded nor paid. On the other hand the scriptura was retained and not only so, but the domains recently acquired the second Punic war, particularly the greater
of the territory of Capua (ii. 365) and that of Leontini (ii. 313), instead of being given up to occupation, were parcelled out and let to petty temporary lessees, and the attempts at occupation made in these cases were opposed with more than usual energy by the government by which means the state acquired considerable and secure source of income. The mines of the state also,
the important Spanish mines, were turned to profit on lease. Lastly, the revenue was augmented
the tribute of the transmarine subjects. From extraordinary sources very considerable sums accrued during this epoch to the state treasury, particularly the produce of the spoil in the war with Antiochus, 200 millions of sesterces (^2,000,000), and that of the war with Perseus, 210 millions of sesterces (,£2,100,000) — the latter, the largest sum in cash which ever came at one time into the Roman treasury.
But this increase of revenue was for the most part counterbalanced the increasing expenditure. The provinces, Sicily perhaps excepted, probably cost nearly as much as they yielded the expenditure on highways and
portion
particularly
by ;
by ;
a
in
;
it,
chap, xi THE GOVERNMENT AND THE GOVERNED 21
other structures rose in proportion to the extension of ter ritory ; the repayment also of the advances (tributa) received from the freeholder burgesses during times of severe war formed a burden for many a year afterwards on the Roman treasury. To these fell to be added very considerable losses occasioned to the revenue by the mismanagement, negligence, or connivance of the supreme magistrates. Of the conduct of the officials in the provinces, of their luxurious living at the expense of the public purse, of their embezzlement more especially of the spoil, of the incipient
of bribery and extortion, we shall speak in the sequel. How the state fared generally as regarded the farm
ing of its revenues and the contracts for supplies and build
ings, may be estimated from the circumstance, that the senate resolved in 587 to desist from the working of the 167. Macedonian mines that had fallen to Rome, because the lessees of the minerals would either plunder the subjects or cheat the exchequer —truly a naive confession of impotence,
in *vhich the controlling board pronounced its own censure.
Not only was the duty from the occupied domain-land allowed tacitly to fall into abeyance, as has been already mentioned, but private buildings in the capital and else where were suffered to encroach on ground which was public property, and the water from the public aqueducts
was diverted to private purposes : great dissatisfaction was
created on one occasion when a censor took serious step? against such trespassers, and compelled them either to desist from the separate use of the public property, or to pay the legal rate for the ground and water. The conscience of the Romans, otherwise in economic matters so scrupulous, showed, so far as the community was concerned, a remark able laxity. " He who steals from a burgess," said Cato, " ends his days in chains and fetters ; but he who steals from the community ends them in gold and purple. " notwithstanding the fact that the public property of the
system
If,
22 THE GOVERNMENT AND THE GOVERNED book hi
Roman community was fearlessly and with impunity plun dered by officials and speculators, Polybius still lays stress on the rarity of embezzlement in Rome, while Greece could hardly produce a single official who had not touched the public money, and on the honesty with which a Roman commissioner or magistrate would upon his simple word of honour administer enormous sums, while in the case of the paltriest sum in Greece ten letters were sealed and twenty witnesses were required and yet everybody cheated, this merely implies that social and economic demoralization had advanced much further in Greece than in Rome, and in
that direct and palpable peculation was not as yet so flourishing in the one case as in the other. The general financial result is most clearly exhibited to us by the state of the public buildings, and by the amount of cash in the treasury. We find in times of peace a fifth, in times of war a tenth, of the revenues expended on public build ings ; which, in the circumstances, does not seem to have been a very copious outlay. With these sums, as well as with fines which were not directly payable into the treasury,
much was doubtless done for the repair of the highways in and near the capital, for the formation of the chief Italian roads,1 and for the construction of public buildings. Per haps the most important of the building operations in the capital, known to belong to this period, was the great repair and extension of the network of sewers throughout the city,
184. contracted for probably in 570, for which 24,000,000 sesterces (^240,000) were set apart at once, and to which it may be presumed that the portions of the cloacae still ex tant, at least in the main, belong. To all appearance how ever, even apart from the severe pressure of war, this period
1 The expenses of these were, however, probably thrown in great part on the adjoining inhabitants. The old system of making requisitions of task-work was not abolished : it must not unfrequently have happened that the slaves of the landholders were called away to be employed in the construction of roads. (Cato, de R, R. a. )
particular,
chap, xi THE GOVERNMENT AND THE GOVERNED
was inferior to the last section of the preceding epoch in respect of public buildings; between 482 and 607 no new aqueduct was constructed at Rome. The treasure of the state, no doubt, increased ; the last reserve in 545, when they found themselves under the necessity of laying hands on amounted only to ,£164,000 (4000 pounds of gold
344), whereas short time after the close of this period (597) close on ,£860,000 precious metals were stored in the treasury. But, when we take into account the enor mous extraordinary revenues which the generation after the close of the Hannibalic war came into the Roman trea sury, the latter sum surprises us rather by its smallness than
its magnitude. So far as with the extremely meagre statements before us allowable to speak of results, the finances of the Roman state exhibit doubtless an excess of income over expenditure, but are far from presenting brilliant result as whole.
The change in the spirit of the government was most distinctly apparent in the treatment of the Italian and extra- Italian subjects of the Roman community. Formerly there had been distinguished in Italy the ordinary, and the Latin, allied communities, the Roman burgesses situ suffragio, and the Roman burgesses with the full franchise. Of these four classes the third was the course of this period almost completely set aside, inasmuch as the course which had been earlier taken with the communities of passive burgesses in Latinm andSabina, was now applied also to those of the former Volscian territory, and these gradually —the last perhaps being in the year 566 Arpinum, Fundi, and Formiae —obtained full burgess-rights. In Campania Capua along with number of minor com munities in the neighbourhood was broken up in consequence
of its revolt from Rome in the Hannibalic war. Although some few communities, such as Velitrae in the Volscian territory, Teanum and Cumae Campania, may have re-
23
872-147. 209.
157.
Italian "ty60*-
Passive bur8esiB,«
188.
in
a
in
in
a
a
it is
by
ii.
it,
a;
in
Doditkit
Ulia.
370).
The position of the non-Latin allies had, as we have
Latins.
having changed sides to acquiesce in revision of the existing treaties to their disadvantage. The reduced position of the non-Latin allies attested the emigration from
177. their communities into the Latin when in 577 the Samnites and Paelignians applied to the senate for a re duction of their contingents, their request was based on the ground that during late years 4000 Samnite and Paelignian families had migrated to the Latin colony of Fregellae.
That the Latins—which term now denoted the few towns in old J-atjum that were not included in the Roman burgess
THE GOVERNMENT AND THE GOVERNED book hi
mained on their earlier legal footing, yet, looking at the matter in the main, this franchise of a passive character may be held as now superseded.
On the other hand there emerged a new class in a position of peculiar inferiority, without communal freedom and the right to carry arms, and, in part, treated almost like public slaves (Jieregrini dediticit) ; to which, in parti cular, the members of the former Campanian, southern Picentine, and Bruttian communities, that had been in alliance with Hannibal 365), belonged. To these were added the Celtic tribes tolerated on the south side of the Alps, whose position in relation to the Italian confederacy
24
indeed only known imperfectly, but
characterized as inferior by the clause embodied in their treaties of alliance with Rome, that no member of these communities should ever be allowed to acquire Roman citizenship
mentioned before 366), undergone change greatly to their disadvantage consequence of the Hannibalic war. Only few communities in this category, such as Neapolis, Nola, Rhegium, and Heraclea, had during all the vicissitudes of that war remained steadfastly on the Roman side, and therefore retained their former rights as allies unaltered
by far the greater portion were obliged in consequence of
sufficiently
is
(ii.
by
:
a
a
;
a
(ii.
in (ii.
is
is
chap. XI THE GOVERNMENT AND THE GOVERNED
union, such as Tibur and Praeneste, the allied cities placed
in law on the same footing with them, such as several of the Hernican towns, and the Latin colonies dispersed through
out Italy — were still at this time in a better position, is implied in their very name ; but they too had, in proportion, hardly less deteriorated. The burdens imposed on them
were unjustly increased, and the pressure of military service
was more and more devolved from the burgesses upon them
and the other Italian allies. For instance, in 536, nearly 21& twice as many of the allies were called out as of the burgesses : after the end of the Hannibalic war all the burgesses received their discharge, but not all the allies ; the latter were chiefly employed for garrison duty and for the odious service in Spain; in the triumphal largess of 577 the allies 177. received not as formerly an equal share with the burgesses,
but only the half, so that amidst the unrestrained rejoicing
of that soldiers' carnival the divisions thus treated as inferior
followed the chariot of victory in sullen silence : in the assignations of land in northern Italy the burgesses received
ten jugera of arable land each, the non-burgesses three
jugera each. The unlimited liberty of migration had already
at an earlier period been taken from the Latin communities,
and migration to Rome was only allowed to them in the
event of their leaving behind children of their own and a
portion of their estate in the community which had been
their home (ii. 52). But these burdensome requirements were
in various ways evaded or transgressed ; and the crowding
of the burgesses of Latin townships to Rome, and the com
plaints of their magistrates as to the increasing depopulation
of the cities and the impossibility under such circumstances
of furnishing the fixed contingent, led the Roman government
to institute police-ejections from the capital on a large scale
(567, 577). The measure might be unavoidable, but it was 187, 177. none the less severely felt Moreover, the towns laid out
by Rome in the interior of Italy began towards the close of
as
184-177.
36 THE GOVERNMENT AND THE GOVERNED book ill
this period to receive instead of Latin rights the full franchise, which previously had only been given to the maritime colonies ; and the enlargement of the Latin body by the accession of new communities, which hitherto had gone on so regularly, thus came to an end. Aquileia,
188. the establishment of which began in 571, was the latest of the Italian colonies of Rome that received Latin rights; the full franchise was given to the colonies, sent forth nearly at the same time, of Potentia, Pisaurum, Mutina, Parma, and Luna (570-577).
The reason for this evidently lay in the decline of the Latin as compared with the Roman franchise. The colonists conducted to the new settlements were always, and now more than ever, chosen in preponderat ing number from the Roman burgesses; and even among the poorer portion of these there was a lack of people willing, for the sake even of acquiring considerable material advan tages, to exchange their rights as burgesses for those of the
Latin franchise.
Lastly, in the case of non-burgesses—communities as
Roman
franchise
more
difficult of was almost completely foreclosed. The earlier course a*
well ag individual —admission to the Roman franchise
acquisition, incorporating the subject communities in that of Rom< 860. had been dropped about 400, that the Roman burgess
body might not be too much decentralized by its undue extension ; and therefore communities of half-burgesses were instituted 53). Now the centralization of the community was abandoned, partly through the admission of the half-burgess communities to the full franchise, partly through the accession of numerous more remote burgess- colonies to its ranks but the older system of incorporation was not resumed with reference to the allied communities.
It cannot be shown that after the complete subjugation of Italy even single Italian community exchanged its position as an ally for the Roman franchise probably none after that date in reality acquired Even the transition of in
it
;
a
;
(ii.
chap, xi THE GOVERNMENT AND THE GOVERNED
27
dividual Italians to the Roman franchise was confined almost solely to the case of magistrates of the Latin communities
52) and, special favour, of individual
admitted to share at the founding of burgess-colonies. 1
cannot be denied that these changes defacto and de jure in the relations of the Italian subjects exhibit at least an intimate connection and consistency. The situation of
the subject classes was throughout deteriorated propor tion to the gradations previously subsisting, and, while the government had formerly endeavoured to soften the dis tinctions and to provide means of transition from one to another, now the intermediate links were everywhere set aside and the connecting bridges were broken down. As within the Roman burgess-body the ruling class separated itself from the people, uniformly withdrew from public burdens, and uniformly took for itself the honours and advantages, so the burgesses in their turn asserted their distinction from the Italian confederacy, and excluded more and more from the joint enjoyment of rule, while transferring to double or triple share in the common burdens. As the nobility, in relation to the plebeians, re turned to the close exclusiveness of the declining patriciate, so did the burgesses in relation to the non-burgesses the plebeiate, which had become great through the liberality of
its institutions, now wrapped itself up the rigid maxims
non-burgesses
of patricianism. The abolition of the
cannot in itself be censured, and, so far as concerned the
Thus, as well known, Ennius of Rudiae received burgess-rights from one of the triumvirs, Q. Fulvius Nobilior, on occasion of the founding of the burgess-colonies of Potentia and Pisaurum (Cic. Brut. 20, 79) whereupon, according to the well-known custom, he adopted the
fraenomen of the latter. The non-burgesses who were sent to share in the foundation of a burgess-colony, did not, at least in this epoch, thereby acquire de jure Roman citizenship, although they frequently usurped (Liv. xxxiv. 42) but the magistrates charged with the founding of colony were empowered, by a clause in the decree of the people relative to each case, to confer burgess-rights on limited number of persons (Cic
pro Balb, 21, 48).
passive burgesses
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motive which led to belongs presumably to another connection to be discussed afterwards; but through its abolition an intermediate link was lost. Far more fraught with peril, however, was the disappearance of the distinction between the Latin and the other Italian communities. The privileged position of the Latin nation within Italy was the foundation of the Roman power that foundation gave way, when the Latin towns began to feel that they were no longer privileged partakers in the dominion of the powerful cognate community, but substantially subjects of Rome like the rest, and when all the Italians began to find their position equally intolerable. true, that there were still distinctions the Bruttians and their companions in misery were already treated exactly like slaves and con ducted themselves accordingly, deserting, for instance, from the fleet in which they served as galley-slaves, whenever they could, and gladly taking service against Rome and the Celtic, and above all the transmarine, subjects formed by the side of the Italians class still more oppressed and intentionally abandoned by the government to contempt and maltreatment at the hands of the Italians. But such distinctions, while implying gradation of classes among the subjects, could not withal afford even remote com pensation for the earlier contrast between the cognate, and the alien, Italian subjects. A profound dissatisfaction prevailed through the whole Italian confederacy, and fear alone prevented from finding loud expression. The proposal made in the senate after the battle at Cannae, to give the Roman franchise and seat in the senate to two men from each Latin community, was made at an un
seasonable time, and was rightly rejected but shows the apprehension with which men in the ruling community even then viewed the relations between Latium and Rome. Had second Hannibal now carried the war to Italy, may be doubted whether he would have again been thwarted
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by the steadfast resistance of the Latin name to a foreign domination.
But by far the most important institution which this The epoch introduced into the Roman commonwealth, and that PTonncea at the same time which involved the most decided and
fatal deviation from the course hitherto pursued, was the
new provincial magistracies. The earlier state-law of Rome
knew nothing of tributary subjects : the conquered com
munities were either sold into slavery, or merged in the
Roman commonwealth, or lastly, admitted to an alliance
which secured to them at least communal independence
and freedom from taxation. But the Carthaginian posses
sions in Sicily, Sardinia, and Spain, as well as the kingdom
of Hiero, had paid tribute and rent to their former masters :
if Rome was desirous of retaining these possessions at all, it was in the judgment of the short-sighted the most
and undoubtedly the most convenient, course to administer the new territories entirely in accordance with the rules heretofore observed. Accordingly the Romans simply retained the Carthagino-Hieronic provincial constitution, and organized in accordance with it those provinces also, such as Hither Spain, which they wrested from the barba rians. It was the shirt of Nessus which they inherited from the enemy. Beyond doubt at first the Roman government intended, in imposing taxes on their subjects, not strictly to enrich themselves, but only to cover the cost of administration and defence ; but they already deviated from this course, when they made Macedonia and Illyria tributary without undertaking the government or the guardianship of the frontier there. The fact, however, that they still maintained moderation in the imposition of burdens was of little consequence, as compared with the conversion of their sovereignty into a right yielding profit at all ; the fall
was the same, whether a single apple was taken or the tree was plundered.
»9
judicious,
Position *****
Punishment followed in the steps of wrong. The new provincial system necessitated the appointment of governors, whose position was absolutely incompatible not only with the welfare of the provinces, but with the Roman constitu tion. As the Roman community in the provinces took the
place of the former ruler of the land, so their governor appeared there in the king's stead ; the Sicilian praetor, for example, resided in the palace of Hiero at Syracuse. It is true, that by right the governor nevertheless ought to
administer his office with republican honesty and frugality. Cato, when governor of Sardinia, appeared in the towns subject to him on foot and attended by a single servant, who carried his coat and sacrificial ladle; and, when he returned home from his Spanish governorship, he sold his war-horse beforehand, because he did not hold himself entitled to charge the state with the expenses of its transport. There is no question that the Roman governors —although certainly but few of them pushed their con scientiousness, like Cato, to the verge of being niggardly and ridiculous —made in many cases a powerful impression on the subjects, more especially on the frivolous and unstable Greeks, by their old-fashioned piety, by the reverential stillness prevailing at their repasts, by their comparatively upright administration of office and of
justice, especially by their proper severity towards the worst bloodsuckers of the provincials —the Roman revenue- farmers and bankers—and in general by the gravity and dignity of their deportment. The provincials found their government comparatively tolerable. They had not been pampered by their Carthaginian stewards and Syracusan masters, and they were soon to find occasion for recalling with gratitude the present rods as compared with the coming scorpions: it is easy to understand how, in later times, the sixth century of the city appeared as the golden era of provincial rule. But it was not practicable for any
30
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chap, xi THE GOVhKWidENT AND THE GOVERNED
31
length of time to be at once republican and king. Playing
the part of governors demoralized the Roman ruling class
with fearful rapidity. Haughtiness and arrogance towards
the provincials were so natural in the circumstances, as scarcely to form matter of reproach against the individual magistrate. But already it was a rare thing — and the rarer, because the government adhered rigidly to the old principle of not paying public officials — that a governor returned with quite clean hands from his province ; it was already remarked upon as something singular that Paullus,
the conqueror of Pydna, did not take money. The bad custom of delivering to the governor " honorary wine " and other "voluntary" gifts seems as old as the provincial constitution itself, and may perhaps have been a legacy
from the Carthaginians ; even Cato in his administration of Sardinia in 556 had to content himself with regulating and 198. moderating such contributions. The right of the magistrates,
and of those travelling on the business of the state generally,
to free quarters and free conveyance was already employed as
a pretext for exactions. The more important right of the magistrate to make requisitions of grain in his province— partly for the maintenance of himself and his retinue (in allam), partly for the provisioning of the army in case of
war, or on other special occasions at a fair valuation —was already so scandalously abused, that on the complaint of
the Spaniards the senate in 583 found it necessary to 171. withdraw from the governors the right of fixing the price of
the supplies for either purpose (ii. 393). Requisitions had begun to be made on the subjects even for the popular festivals in Rome; the unmeasured vexatious demands made on the Italian as well as extra-Italian communities
by the aedile Tiberius Sempronius Gracchus, for the festival which he had to provide, induced the senate officially to interfere against them (572). The liberties 182. which Roman magistrates at the close of this period
Control over the governors.
allowed themselves to take not only with the unhappy subjects, but even with the dependent free-states and kingdoms, are illustrated by the raids of Gaius Volso in Asia Minor 471), and above all the scandalous proceedings in Greece during the war with Perseus
500/).
The government had no right to be surprised at such
things, for provided no serious check on the excesses of this capricious military administration. Judicial control,
true, was not entirely wanting. Although, according to the universal but more than questionable rule of allowing no complaint to be brought against commander-in-chief during his term of office 319), the Roman governor could ordinarily be called to account only after the mischief had been done, yet he was amenable both to criminal and to civil prosecution. In order to the institution of the former, tribune of the people virtue of the judicial power pertaining to him had to take the case in hand and bring to the bar of the people the civil action was remitted by the senator who administered the corresponding praetorship to jury appointed, according to the constitution of the tribunal in those times, from the ranks of the senate. In both cases, therefore, the control lay in the hands of the ruling class, and, although the latter was still sufficiently upright and honourable not absolutely to set aside well-founded complaints, and the senate even in various instances, at the call of those aggrieved, condescended itself to order the institution of civil process, yet the complaints of poor men and foreigners against powerful members of the ruling aristocracy— submitted to judges and jurymen far remote from the scene and, not involved in the like guilt, at least belonging to the same order as the accused—could from the first only reckon on success in the event of the wrong being clear and crying; and to complain in vain was
32
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almost certain destruction. The aggrieved no doubt found a sort of support in the hereditary relations of clientship, which the subject cities and provinces entered into with their conquerors and other Romans brought into close contact with them. The Spanish governors felt that no one could with impunity maltreat clients of Cato ; and the circumstance that the representatives of the three nations conquered by Paullus —the Spaniards, Ligurians, and Macedonians —would not forgo the privilege of carrying his bier to the funeral pile, was the noblest dirge in honour of that noble man. But not only did this special protection give the Greeks opportunity to display in Rome all their talent for abasing themselves in presence of their masters, and to demoralize even those masters by their ready servility — the decrees of the Syracusans in honour of
Marcellus, after he had destroyed and plundered their city and they had complained of his conduct in these respects to the senate in vain, form one of the most scandalous pages in the far from honourable annals of Syracuse — but, in connection with the already dangerous family -politics, this patronage on the part of great houses had also its politically perilous side. In this way the result perhaps was that the Roman magistrates in some degree feared the gods and the senate, and for the most part were moderate in their plundering ; but they plundered withal, and did so with impunity, if they but observed such moderation. The mischievous rule became established, that in the case of minor exactions and moderate violence the Roman magistrate acted in some measure within his sphere and was in law exempt from punishment, so that those who were aggrieved had to keep silence ; and from this rule succeeding ages did not fail to draw the fatal consequences.
Nevertheless, even though the tribunals had been as strict as they were lax, the liability to a judicial reckoning could only check the worst evils. The true security for a
vol. ill 68
33
THE GOVERNMENT AND THE GOVERNED book hi
Supervision good administration lay in a strict and uniform supervision
of the senate over the provinces and their governors.
by the supreme administrative authority : and this the senate utterly failed to provide. It was in this respect that the laxity and helplessness of the collegiate government became earliest apparent. By right the governors ought to have been subjected to an oversight far more strict and more special than had sufficed for the administration of Italian municipal affairs; and now, when the empire embraced great transmarine territories, the arrangements, through which the government preserved to itself the supervision of
the whole, ought to have undergone a corresponding expansion. In both respects the reverse was the case. The governors ruled virtually as sovereign ; and the most important of the institutions serving for the latter purpose, the census of the empire, was extended to Sicily alone, not to any of the provinces subsequently acquired. Thir emancipation of the supreme administrative officials frorc the central authority was more than hazardous. The Roman governor, placed at the head of the armies of the state, and in possession of considerable financial resources , subject to but a lax judicial control, and practically inde pendent of the supreme administration ; and impelled bj a sort of necessity to separate the interest of himself and of the people whom he governed from that of the Roma"v community and to treat them as conflicting, far more resembled a Persian satrap than one of the commissioners of the Roman senate at the time of the Samnite wars. The man, moreover, who had just conducted a legalizec military tyranny abroad, could with difficulty find his wa; back to the common civic level, which distinguished between those who commanded and those who obeyed, but not between masters and slaves. Even the government felt that their two fundamental principles —equality within the aristocracy, and the subordination of the power of the magistrates to the senatorial college—began in this instance
chap, xi THE GOVERNMENT AND THE GOVERNED
to give way in their hands. The aversion of the govern ment to the acquisition of new provinces and to the whole provincial system ; the institution of the provincial quaestorships, which were intended to take at least the financial power out of the hands of the governors ; and the abolition of the arrangement — in itself so judicious — for a longer tenure of such offices 392), very clearly evince the anxiety felt the more far-seeing of the Roman states men as to the fruits of the seed thus sown. But diagnosis
not cure. The internal government of the nobility con tinued to follow the direction once given to it; and the decay of the administration and of the financial system —paving the way for future revolutions and usurpations —steadily pursued its course, not unnoticed, yet unchecked.
If the new nobility was less sharply defined than the The
old aristocracy of the clans, and the encroachment on oppos ** the other burgesses as respected the joint enjoyment of
political rights was the one case de Jure, in the other
only de facto, the second form of inferiority was for that
very reason worse to bear and worse to throw off than the first. Attempts to throw off were, as matter of course, not wanting. The opposition rested on the support of the public assembly, as the nobility did on the senate in order to understand the opposition, we must first describe the Roman burgess-body during this period as regards its spirit and its position in the commonwealth.
Whatever could be demanded of an assembly ofCharacter burgesses like the Roman, which was not the moving ^fo*e spring, but the firm foundation, of the whole machinery — burgess-
y'
35
sure perception of the common good, sagacious deference towards the right leader, steadfast spirit in prosperous and evil days, and, above all, the capacity of sacrificing the individual for the general welfare and the comfort of the present for the advantage of the future—all
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these qualities the Roman community exhibited in so high a degree that, when we look to its conduct as a whole, all censure is lost in reverent admiration. Even now good sense and discretion still thoroughly predominated. The whole conduct of the burgesses with reference to the government as well as to the opposition shows quite clearly that the same mighty patriotism before which even the genius of Hannibal had to quit the field prevailed also in the Roman comitia. No doubt they often erred ; but their errors originated not in the mischievous impulses of a rabble, but in the narrow views of burgesses and farmers. The machinery, however, by means of which the burgesses intervened in the course of public affairs became certainly more and more unwieldy, and the circumstances in which they were placed through their own great deeds far outgrew their power to deal with them. We have already stated, that in the course of this epoch most of the former com munities of passive burgesses, as well as a considerable number of newly established colonies, received the full Roman franchise (pp. 23, 26). At the close of this period the Roman burgess-body, in a tolerably compact mass,
filled Latium in its widest sense, Sabina, and a part of Campania, so that it reached on the west coast northward to Caere and southward to Cumae ; within this district there were only a few cities not included in such as Tibur, Praeneste, Signia, Norba, and Ferentinum. To this fell to be added the maritime colonies on the coasts of Italy which uniformly possessed the full Roman franchise, the Picenian and Trans-Apennine colonies of the most recent times, to which the franchise must have been con ceded 26), and very considerable number of Roman burgesses, who, without forming separate communities in strict sense, were scattered throughout Italy in market-villages and hamlets (Jora tt conciliabula). To some extent the unwieldiness of civic community so constituted was
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remedied, for the purposes of justice ' and of administra tion, by the deputy judges previously mentioned (ii. 49) . , and already perhaps the maritime (ii. 48) and the newPi- cenian and Trans-Apennine colonies exhibited at least the first lineaments of the system under which afterwards smaller urban communities were organized within the great
city-commonwealth of Rome. But in all political questions the primary assembly in the Roman Forum remained alone entitled to act; and it is obvious at a glance, that this assembly was no longer, in its composition or in its collec tive action, what it had been when all the persons entitled to vote could exercise their privilege as citizens by leaving their farms in the morning and returning home the same evening. Moreover the government —whether from want of judgment, from negligence, or from any evil design, we
cannot tell — no longer as formerly enrolled the com munities admitted to the franchise after 513 in newly 241 instituted election-districts, but included them along with others in the old ; so that gradually each tribe came to be composed of different townships scattered over the whole Roman territory. Election-districts such as these, contain
ing on an average 8000 —the urban naturally having more,
the rural fewer—persons entitled to vote, without local connection or inward unity, no longer admitted of any definite leading or of any satisfactory previous deliberation ; disadvantages which must have been the more felt, since
the voting itself was not preceded by any free debate. Moreover, while the burgesses had quite sufficient capacity
1 In Cato's treatise on husbandry, which, as is well known, primarily relates to an estate in the district of Venafrum, the judicial discussion of such processes as might arise is referred to Rome only as respects one definite case ; namely, that in which the landlord leases the winter pasture to the owner of a flock of sheep, and thus has to deal with a lessee who, as a rule, is not domiciled in the district (c 149). It may be inferred from this, that in ordinary cases, where the contract was with a person domiciled in the district, such processes as might spring out of it were even in Cato's time decided not at Rome, but before the local judges.
37
cityraibie
^ length the rabble of clients assumed a position, formally of equality and often even, practically, of superi ority, alongside of the class of independent burgesses. The institutions out of which it sprang were of great antiquity. From time immemorial the Roman of quality exercised a sort of government over his freedmen and dependents, and was consulted by them in all their more important affairs ;
THE GOVERNMENT AND THE GOVERNED book ill
to discern their communal interests, it was foolish and utterly ridiculous to leave the decision of the highest and most difficult questions which the power that ruled the world had to solve to a well-disposed but fortuitous con course of Italian farmers, and to allow the nomination of generals and the conclusion of treaties of state to be finally judged of by people who understood neither the grounds nor the consequences of their decrees. In all matters transcending mere communal affairs the Roman primary assemblies accordingly played a childish and even silly part. As a rule, the people stood and gave assent to all proposals; and, when in exceptional instances they of their own impulse refused assent, as on occasion of the
300. declaration of war against Macedonia in 554 (ii. 419), the policy of the market-place certainly made a pitiful opposi tion — and with a pitiful issue — to the policy of the state,
38
a client, for instance, was careful not to give his children in marriage without having obtained the consent of his patron, and very often the latter directly arranged the match. But as the aristocracy became converted into a special ruling class concentrating in its hands not only power but also wealth, the clients became parasites and beggars ; and the new adherents of the rich undermined outwardly and inwardly the burgess class. The aristocracy not only tolerated this sort of clientship, but worked it financially and politically for their own advantage. Thus, for
instance, the old penny collections, which hitherto had taken place chiefly for religious purposes and at the burial
chap, xi THE GOVERNMENT AND THE GOVERNED
of men of merit, were now employed by lords of high standing—for the first time by Lucius Scipio, in 568, on 188 occasion of a popular festival which he had in contempla tion—for the purpose of levying on extraordinary occasions
a contribution from the public. Presents were specially placed under legal restriction (in 550), because the senators 204. began under that name to take regular tribute from their clients. But the retinue of clients was above all service
able to the ruling class as a means of commanding the comitia ; and the issue of the elections shows clearly how
the dependent rabble already at this epoch competed with the independent middle class.
The very rapid increase of the rabble in the capital particularly, which is thus presupposed, is also demon strable otherwise. The increasing number and importance of the freedmen are shown by the very serious discussions that arose in the previous century 396), and were continued during the present, as to their right to vote in the public assemblies, and by the remarkable resolution, adopted by the senate during the Hannibalic war, to admit honourable freedwomen to participation in the public collections, and to grant to the legitimate children of manumitted fathers the insignia hitherto belonging only to the children of the free-born The majority of the Hellenes and Orientals who settled in Rome were probably little better than the freedmen, for national ser vility clung as indelibly to the former as legal servility to the latter.
But not only did these natural causes co-operate to Systematic produce metropolitan rabble neither the nobility nor the ^f^p Ion
powerfully
39
moreover, can be acquitted from the reproach multitude. of having systematically nursed its growth, and of having undermined, so far as in them lay, the old public spirit by
flattery of the people and things still worse. The electors
as body were still too respectable to admit of direct
demagogues,
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electoral corruption showing itself on a gri. it scale; but the favour of those entitled to vote was indirectly courted by methods far from commendable. The old obligation of the magistrates, particularly of the aediles, to see that corn could be procured at a moderate price and to superintend the games, began to degenerate into the state of things which at length gave rise to the horrible cry of the citj populace under the Empire, " Bread for nothing and games for ever ! " Large supplies of grain, cither placed by the provincial governors at the disposal of the Roman maricet officials, or delivered at Rome free of cost by the provinces themselves for the purpose of procuring favour with par ticular Roman magistrates, enabled the aediles, from the middle of the sixth century, to furnish grain to the population of the capital at very low prices. " It was no wonder," Cato considered, " that the burgesses no longer listened to good advice—the belly forsooth had no ears. "
Popular amusements increased to an alarming extent. For five hundred years the community had been content with one festival in the year, and with one circus. The first Roman demagogue by profession, Gaius Flaminius,
40
220, added a second festival and a second circus (534) ;* and by these institutions —the tendency of which is sufficiently indicated by the very name of the new festival, "the plebeian games" —he probably purchased the permission to give battle at the Trasimene lake. When the path was once opened, the evil made rapid progress. The festival in honour of Ceres, the goddess who protected the plebeian order 355), must have been but little, at all, later than the plebeian games. On the suggestion of the Sibylline
The laying out of the circus attested. Respecting the origin of the plebeian games there no ancient tradition (for what said by the Pseudo-Asconius, p. 143, Orell. not such) but seeing that they were celebrated in the Flaminian circus (Val. Max. 7, 4), and first certainly
216. occur in 538, four years after was built 'Liv. jadii. 30), what we have slated above sufficiently proved.
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and Marcian prophecies, moreover, a fourth festival was
added in 542 in honour of Apollo, and a fifth in 550 in 212. 204. honour of the " Great Mother " recently transplanted from
Phrygia to Rome. These were the severe years of the
Hannibalic war—on the first celebration of the games of Apollo the burgesses were summoned from the circus itself to arms ; the superstitious fear peculiar to Italy was feverishly excited, and persons were not wanting who took advantage
of the opportunity to circulate Sibylline and prophetic oracles and to recommend themselves to the multitude through their contents and advocacy : we can scarcely blame the government, which was obliged to call for so enormous sacrifices from the burgesses, for yielding in such matters. But what was once conceded had to be con tinued; indeed, even in more peaceful times (581) there 178- was added another festival, although of minor importance —the games in honour of Flora. The cost of these new festal amusements was defrayed by the magistrates entrusted
with the providing of the respective festivals from their own means : thus the curule aediles had, over and above the old national festival, those of the Mother of the Gods and of Flora ; the plebeian aediles had the plebeian festival and that of Ceres, and the urban praetor the Apollinarian games. Those who sanctioned the new festivals perhaps excused themselves in their own eyes by the reflection that they were not at any rate a burden on the public purse ; but it would have been in reality far less injurious to burden the public budget with a number of useless expenses, than to allow the providing of an amusement for the people to become practically a qualification for holding the highest office in the state. The future candidates for the consulship soon entered into a mutual rivalry in their
on these games, which incredibly increased their cost ; and, as may well be conceived, it did no harm if the consul expectant gave, over and above this as it were
expenditure
41
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THE GOVERNMENT AND THE GOVERNED book 11
legal contribution, a voluntary "performance" (munus), a gladiatorial show at his own expense for the public benefit. The splendour of the games became gradually the standard by which the electors measured the fitness of the candidates for the consulship. The nobility had, in truth, to pay dear for their honours —a gladiatorial show on a respectable scale cost 720,000 sesterces (^7200) — but they paid willingly, since by this means they absolutely precluded men who were not wealthy from a political career.
Corruption, however, was not restricted to the Forum ; it was transferred even to the camp. The old burgess militia had reckoned themselves fortunate when they brought home a compensation for the toil of war, and, in the event of success, a trifling gift as a memorial of victory. The new generals, with Scipio Africanus at their head,
lavishly scattered amongst their troops the money of Rome as well as the proceeds of the spoil : it was on this point, that Cato quarrelled with Scipio during the last campaigns against Hannibal in Africa. The veterans from the second Macedonian war and that waged in Asia Minor already returned home throughout as wealthy men : even the better class began to commend a general, who did not appropriate the gifts of the provincials and the gains of war entirely to himself and his immediate followers, and from whose camp not a few men returned with gold, and many with silver, in their pockets: men began to forget that the moveable spoil was the property of the state.
When Lucius Paullus again dealt with it in the old mode, his own soldiers, especially the volunteers who had been allured in numbers by the prospect of rich plunder, fell little short of refusing to the victor of Pydna by popular decree the honour of a triumph —an honour which they already threw away on every one who had subjugated three Ligurian villages.
How much the military discipline and the martial spirit
42
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of the burgesses suffered from this conversion of war into a Decline of traffic in plunder, may be traced in the campaigns against ^jue Perseus; and the spread of cowardice was manifested in
a way almost scandalous during the insignificant Istrian
war (in 576). On occasion of a trifling skirmish magnified 178. by rumour to gigantic dimensions, the land army and the naval force of the Romans, and even the Italians, ran off homeward, and Cato found it necessary to address a special reproof to his countrymen for their cowardice. In this too
the youth of quality took precedence. Already during the Hannibalic war (545) the censors found occasion to visit 209. with severe penalties the remissness of those who were liable to military service under the equestrian census. Towards the close of this period (574? ) a decree of the 180. people prescribed evidence of ten years' service as a qualification for holding any public magistracy, with a view to compel the sons of the nobility to enter the army.
But perhaps nothing so clearly evinces the decay of TWe- genuine pride and genuine honour in high and low alike un ^' as the hunting after insignia and titles, which appeared
under different forms of expression, but with substantial
identity of character, among all ranks and classes. So
urgent was the demand for the honour of a triumph that
there was difficulty in upholding the old rule, which accorded a triumph only to the ordinary supreme magis
trate who augmented the power of the commonwealth in
open battle, and thereby, it is true, not unfrequently excluded from that honour the very authors of the most important successes. There was a necessity for acqui
escence, while those generals, who had in vain solicited, or
had no prospect of attaining, a triumph from the senate
or the burgesses, marched in triumph on their own account
at least to the Alban Mount (first in 523). No combat 281. with a Ligurian or Corsican horde was too insignificant to
be made a pretext for demanding a triumph. In order to
43
THE GOVERNMENT AND THE GOVERNED book III
put an end to the trade of peaceful triumphators, such as 180. were the consuls of 574, the granting of a triumph was made to depend on the producing proof of a pitched battle
which had cost the lives of at least 5000 of the enemy; but this proof was frequently evaded by false bulletins —
already in houses of quality many an enemy's armour might be seen to glitter, which had by no means come thither from the field of battle. While formerly the commander- in-chief of the one year had reckoned it an honour to serve next year on the staff of his successor, the fact that the consular Cato took service as a military tribune under
194. Tiberius Sempronius Longus (560) and Manius Glabrio 191. (563; 457), was now regarded as demonstration against the new-fashioned arrogance. Formerly the thanks
of the community once for all had sufficed for service rendered to the state now every meritorious act seemed to demand permanent distinction. Already Gaius
MO. Duilius, the victor of Mylae (494), had gained an exceptional permission that, when he walked in the evening through the streets of the capital, he should be preceded by torch-bearer and piper. Statues and monuments, very often erected at the expense of the person whom they purported to honour, became so common, that was ironically pronounced distinction to have none. But such merely personal honours did not long suffice. A custom came into vogue, which the victor and his descendants derived permanent surname from the victories they had won— custom mainly established by the victor of Zama who got himself designated as the hero of Africa, his brother as the hero of Asia, and his cousin as the hero of Spain. 1 The example set by the higher was
1L 483. The first certain instance of such a surname that of Manius 263. Valerius Maximus, consul in 491, who, as conqueror of Messana, assumed S35. the name Messalla (ii. 170) that the consul of 419 was, in similar manner,
called Calenus, an error. The presence of Maximus as a surname in the Valerian 348) and Fabian 397) clans not quite analogous.
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