No More Learning

144) praetor isve quei Romae iure deicundo pram-it (L, Rubr. often) quaestor urianus queivt aerario praerit (L. Jul. mun. 37 et a I. ).
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The state- hierarchy,
the Roman empire was converted into a limited communal freedom within the Roman state. That at the same time the number of the praetors and quaestors was doubled, has been already mentioned; the same course was followed with the plebeian aediles, to whom two new " corn-aediles " (aediles Ceriales) were added to superintend the supplies of the capital. The appointment to those offices remained with the community, and was subject to no restriction as respected the consuls and perhaps also the tribunes of the people and plebeian aediles ; we have already adverted to the fact, that the Imperator reserved a right of proposal binding on the electors as regards the half of the praetors, curule aediles, and quaestors to be annually nominated. In general the ancient and hallowed palladia of popular freedom were not touched ; which, of course, did not prevent the individual refractory tribune of the people from being seriously interfered with and, in fact, deposed, and erased from the roll of senators.
As the Imperator was thus, for the more general and more important questions, his own minister; as he con trolled the finances by his servants, and the army by his adjutants ; and as the old republican state -magistracies were again converted into municipal magistracies of the city of Rome ; the autocracy was sufficiently established.
In the spiritual hierarchy on the other hand Caesar, though he issued a detailed law respecting this portion of the state-economy, made no material alteration, except that he connected with the person of the regent the supreme pontificate and perhaps also the membership of the higher priestly colleges generally ; and, partly in connection with this, one new stall was created in each of the three supreme colleges, and three new stalls in the fourth college of th'-
If the Roman state-hierarchy had hitherto served as a support to the ruling oligarchy, it might render precisely the same service to the new monarchy. The
banquet-masters.
char XI THE NEW MONARCHY
347
conservative religious policy of the senate was transferred to the new kings of Rome ; when the strictly conservative Varro published about this time his " Antiquities of Divine Things," the great fundamental repository of Roman state- theology, he was allowed to dedicate it to the Pontifex Maximus Caesar. The faint lustre which the worship of Jovis was still able to impart shone round the newly-estab lished throne ; and the old national faith became in its last stages the instrument of a Caesarian papacy, which, however, was from the outset but hollow and feeble.
In judicial matters, first of all, the old regal jurisdiction Regal was re-established. As the king had originally been judge jj? J£ in criminal and civil causes, without being legally bound in
the former to respect an appeal to the prerogative of mercy
in the people, or in the latter to commit the decision of the question in dispute to jurymen ; so Caesar claimed the right
of bringing capital causes as well as private processes for
sole and final decision to his own bar, and disposing of them in the event of his presence personally, in the event
of his absence by the city-lieutenant. In fact we find him,
quite after the manner of the ancient kings, now sitting in judgment publicly in the Forum of the capital on Roman burgesses accused of high treason, now holding a judicial inquiry in his house regarding the client princes accused of
the like crime ; so that the only privilege, which the Roman burgesses had as compared with the other subjects of the
king, seems to have consisted in the publicity of the judicial procedure. But this resuscitated supreme jurisdiction of
the kings, although Caesar discharged its duties with impartiality and care, could only from the nature of the
case find practical application in exceptional cases.
For the usual procedure in criminal and civil causes the Retention former republican mode of administering justice was sub- ^▼jons stantially retained. Criminal causes were still disposed of adminis- as formerly before the different jury-commissions competent justice.
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to deal with the several crimes, civil causes partly before the court of inheritance or, as it was commonly called, of the centumviri, partly before the single indices ; the super intendence of judicial proceedings was as formerly con ducted in the capital chiefly by the praetors, in the provinces by the governors. Political crimes too continued even under the monarchy to be referred to a jury-commis sion ; the new ordinance, which Caesar issued respecting them, specified the acts legally punishable with precision and in a liberal spirit which excluded all prosecution of opinions, and it fixed as the penalty not death, but banish ment. As respects the selection of the jurymen, whom the senatorial party desired to see chosen exclusively from the senate and the strict Gracchans exclusively from the eques trian order, Caesar, faithful to the principle of reconciling the parties, left the matter on the footing of the com promise-law of Cotta (iv. 380), but with the modification —for which the way was probably prepared by the law
66. of Pompeius of 699 138) — that the tribuni aerarii who came from the lower ranks of the people were set aside; so that there was established rating for jurymen of at least 400,000 sesterces (^4000), and senators and equites now divided the functions of jurymen which had so long been an apple of discord between them.
Appeal monarch,
The relations of the regal and the republican jurisdiction were on the whole co-ordinate, so that any cause might ba initiated as well before the king's bar as before the com petent republican tribunal, the latter of course in the event of collision giving way on the other hand the one or the other tribunal had pronounced sentence, the cause was thereby finally disposed of. To overturn verdict pro- nounced by the jurymen duly called to act in civil or in criminal cause even the new ruler was not entitled, except where special incidents, such as corruption or violence, already according to the law of the republic
a
a a
; if
(p.
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chap. XI THE NEW MONARCHY
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gave occasion for cancelling the jurymen's sentence. On the other hand the principle that, as concerned any decree emanating merely from magistrates, the person aggrieved by it was entitled to appeal to the superior of the decreeing authority, probably obtained even now the great extension, out of which the subsequent imperial appellate jurisdiction arose ; perhaps all the magistrates administering law, at least the governors of all the pro vinces, were regarded so far as subordinates of the ruler, that appeal to him might be lodged from any of their decrees.
Certainly these innovations, the most important of which
—the general extension given to appeal—cannot even be ? . . ? . reckoned absolutely an improvement, by no means healed system, thoroughly the evils from which the Roman administration
of justice was suffering. Criminal procedure cannot be
sound in any slave-state, inasmuch as the task of proceed
ing against slaves lies, if not de jure, at least de facto in the
hands of the master. The Roman master, as may readily
be conceived, punished throughout the crime of his serf,
not as a crime, but only so far as it rendered the slave useless or disagreeable to him ; slave crinr'nals were merely drafted off somewhat like oxen addicted to goring, and, as the latter were sold to the butcher, so were the former sold to the fencing- booth. But even the criminal procedure against free men, which had been from the outset and always in great part continued to be a political process, had amidst the disorder of the last generations become transformed from a grave legal proceeding into a faction- fight to be fought out by means of favour, money, and violence. The blame rested jointly on all that took part in on the magistrates, the jury, the parties, even the public who were spectators but the most incurable wounds were inflicted on justice the doings of the advo cates. In proportion as the parasitic plant of Roman
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forensic eloquence flourished, all positive ideas of right became broken up ; and the distinction, so difficult of apprehension by the public, between opinion and evidence was in reality expelled from the Roman criminal practice. "A plain simple defendant," says a Roman advocate of much experience at this period, "may be accused of any crime at pleasure which he has or has not committed, and will be certainly condemned. " Numerous pleadings in
criminal causes have been preserved to us from this epoch; there is hardly one of them which makes even a serious attempt to fix the crime in question and to put into proper shape the proof or counterproof. 1 That the contemporary civil procedure was likewise in various respects unsound, we need hardly mention ; it too suffered from the effects of the party politics mixed up with all things, as for
•8-81. instance in the process of Publius
673), where the most contradictory decisions were given according as Cinna or Sulla had the ascendency in Rome ; and the advocates, frequently non-jurists, produced here also intentionally and unintentionally abundance of con fusion. But it was implied in the nature of the case, that party mixed itself up with such matters only by way of exception, and that here the quibbles of advocates could not so rapidly or so deeply break up the ideas of right ; accordingly the civil pleadings which we possess from this epoch, while not according to our stricter ideas effective compositions for their purpose, are yet of a far less libellous and far more juristic character than the contemporary
speeches
in criminal causes. If Caesar permitted the
1 Plura rnim multo, says Cicero in his treatise De Oratort (ii. 42, 178), primarily with reference to criminal trials, homines indicant odio ant amort cut cupiditate aut iracundia aut dolore out laetitia aul spe aut timoie aut errore aut aliqua permotione mentis, quam veritate aut praescripto aul iuris norma aliqua aut iudicii formula aut legibus. On this accordingly are founded the further instructions which he gives for advocates entering on their profession.
Quinctius (671-
chap, XI THE NEW MONARCHY
351
curb imposed on the eloquence of advocates by Pom- peius (p. 138) to remain, or even rendered it more severe, there was at least nothing lost by this ; and much was gained, when better selected and better superintended magistrates and jurymen were nominated and the palpable corruption and intimidation of the courts came to an end. But the sacred sense of right and the reverence for the law, which it is difficult to destroy in the minds of the multitude, it is still more difficult to reproduce. Though the legislator did away with various abuses, he could not heal the root of the evil ; and it might be doubted whether time, which cures everything curable, would in this case bring relief.
The Roman military system of this period was nearly Decay of in the same condition as the Carthaginian at the time of mjijtary HannibaL The governing classes furnished only the system, officers ; the subjects, plebeians and provincials, formed
the army. The general was, financially and militarily,
almost independent of the central government, and,
whether in fortune or misfortune, substantially left to
himself and to the resources of his province. Civic
and even national spirit had vanished from the army,
and the esprit de corps was alone left as a bond of inward
union. The army had ceased to be an instrument of
the commonwealth ; in a political point of view it had
no will of its own, but it was doubtless able to adopt
that of the master who wielded it; in a military point
of view it sank under the ordinary miserable leaders into
a disorganized useless rabble, but under a right general
it attained a military perfection which the burgess-army
could never reach. The class of officers especially had
deeply degenerated. The higher ranks, senators and
equites, grew more and more unused to arms. While
formerly there had been a zealous competition for the
posts of stafif officers, now every man of equestrian rank,
352
THE OLD REPUBLIC AND book v
who chose to serve, was sure of a military tribuneship, and several of these posts had even to be filled with men of humbler rank ; and any man of quality at all who still served sought at least to finish his term of service in Sicily or some other province where he was sure not to face the enemy. Officers of ordinary bravery and efficiency were stared at as prodigies ; as to Pompeius especially, his contemporaries practised a military idolatry which in every respect compromised them. The staff, as a rule, gave the signal for desertion and for mutiny; in spite of the culpable indulgence of the commanders proposals for the cashiering of officers of rank were daily occurrences. We still possess the picture —drawn not without irony by Caesar's own hand —of the state of matters at his own headquarters when orders were given to march against Ariovistus, of the cursing and weeping, and preparing of testaments, and presenting even of requests for furlough. In the soldiery not a trace of the better classes could any longer be discovered. Legally the general obligation to bear arms still subsisted ; but the levy, if resorted to alongside of enlisting, took place in the most irregular manner ; numerous persons liable to serve were wholly passed over, while those once levied were retained thirty years and longer beneath the eagles. The Roman burgess-cavalry now merely vegetated as a sort of mounted noble guard, whose perfumed cavaliers and exquisite high-bred horses only played a part in the festivals of the capital ; the so- called burgess -infantry was a troop of mercenaries swept together from the lowest ranks of the burgess-population ; the subjects furnished the cavalry and the light troops exclusively, and came to be more and more extensively employed also in the infantry. The posts of centurions in the legions, on which in the mode of warfare of that time the efficiency of the divisions essentially depended, and to which according to the national military constitu
chap, XI THE NEW MONARCHY
353
tion the soldier served his way upward with the pike, were now not merely regularly conferred according to favour, but were not unfrequently sold to the highest bidder. In consequence of the bad financial management of the government and the venality and fraud of the great majority of the magistrates, the payment of the soldiers was extremely defective and irregular.
The necessary consequence of this was, that in the ordinary course of things the Roman armies pillaged the
mutinied against their officers, and ran off in presence of the enemy ; instances occurred where consider able armies, such as the Macedonian army of Piso in 697 (p. 104/), were without any proper defeat utterly ruined, simply by this misconduct Capable leaders on the other hand, such as Pompeius, Caesar, Gabinius, formed doubt less out of the existing materials able and effective, and to some extent exemplary, armies ; but these armies belonged far more to their general than to the common wealth. — The still more complete decay of the Roman marine which, moreover, had remained an object of antipathy to the Romans and had never been fully nationalized — scarcely requires to be mentioned. Here too, on all sides, everything that could be ruined at all had been reduced to ruin under the oligarchic govern ment
The reorganization of the Roman military system by Caesar was substantially limited to the tightening and strengthening of the reins of discipline, which had been relaxed under the negligent and incapable supervision previously subsisting. The Roman military system seemed to him neither to need, nor to be capable of, radical reform ; he accepted the elements of the army, just as Hannibal had accepted them. The enactment of his municipal ordinance that, in order to the holding of a
municipal magistracy or sitting in the municipal council
provincials,
67.
VOU T
156
I&reor- S"^^^
Foreign mercen aries.
Adjutants of the legion.
before the thirtieth year, three years' service on horseback —that as officer—or six years' service on foot should be required, proves indeed that he wished to attract the better classes to the army but proves with equal clearness that amidst the ever-increasing prevalence of an unwarlike spirit in the nation he himself held no longer possible to associate the holding of an honorary office with the fulfil ment of the time of service unconditionally as hitherto. This very circumstance serves to explain why Caesar made no attempt to re-establish the Roman burgess-cavalry. The levy was better arranged, the time of service was regulated and abridged otherwise matters remained on the footing that the infantry of the line were raised chiefly from the lower orders of the Roman burgesses, the cavalry and the light infantry from the subjects. That nothing was done for the reorganization of the fleet, surprising.
It was an innovation —hazardous beyond doubt even in the view of its author —to which the untrustworthy character of the cavalry furnished the subjects compelled him (p. 77), that Caesar for the first time deviated from the old Roman system of never fighting with mercenaries, and in corporated in the cavalry hired foreigners, especially Germans. Another innovation was the appointment of adjutants of the legion (legati legionis). Hitherto the military tribunes, nominated partly the burgesses, partly the governor concerned, had led the legions in such way that six of them were placed over each legion, and the command alternated among these single commandant of the legion was appointed by the general only as temporary and extraordinary measure. In subsequent times on the other hand those colonels or adjutants of legions appear as permanent and organic institution, and as nominated no longer by the governor whom they obey, but by the supreme command in Rome both changes seem referable to Caesar's arrangements connected with the Gabinian law
354
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The reason for the introduction of this important intervening step in the military hierarchy must be sought partly in the necessity for a more energetic centralization of the command, partly in the felt want of capable superior officers, partly and chiefly in the design of providing a counterpoise to the governor by associating with him one or more colonels nominated by the Imperator.
The most essential change in the military system con- The sisted in the institution of a permanent military head in the 1^^°TM. person of the Imperator, who, superseding the previous ship-in- unmilitary and in every respect incapable governing cor
poration, united in his hands the whole control of the
army, and thus converted it from a direction which for
the most part was merely nominal into a real and energetic
supreme command. We are not properly informed as to the
position which this supreme command occupied towards the
special commands hitherto omnipotent in their respective
spheres. Probably the analogy of the relation subsisting
between the praetor and the consul or the consul and
the dictator served generally as a basis, so that, while the governor in his own right retained the supreme military
authority in his province, the Imperator was entitled at
any moment to take it away from him and assume it for
himself or his delegates, and, while the authority of the
governor was confined to the province, that of the Im
perator, like the regal and the earlier consular authority, extended over the whole empire. Moreover it is ex
tremely probable that now the nomination of the officers,
both the military tribunes and the centurions, so far as it
had hitherto belonged to the governor,1 as well as the nomi
nation of the new adjutants of the legion, passed
into the hands of the Imperator ; and in like manner even
now the arrangement of the levies, the bestowal of leave of
1 With the nomination of a part of the military tribunes by the burgesses (iit. 13) Caesar —in this also a democrat— did not meddle.
(iv. 388).
directly
Caesar's plans.
Defence frontfer
absence, and the more important criminal cases, may have been submitted to the judgment of the commander-in- chief. With this limitation of the powers of the governors and with the regulated control of the Imperator, there was no great room to apprehend in future either that the armies might be utterly disorganized or that they might be con verted into retainers personally devoted to their respective officers.
But, however decidedly and urgently the circumstances pointed to military monarchy, and however distinctly Caesar took the supreme command exclusively for himself, he was nevertheless not at all inclined to establish his authority by means of, and on, the army. No doubt he deemed a standing army necessary for his state, but only because from its geographical position it required a comprehensive regulation of the frontiers and permanent frontier garrisons. Partly at earlier periods, partly during the recent civil war, he had worked at the tranquillizing of Spain, and had established strong positions for the defence of the frontier in Africa along the great desert, and in the north-west of the empire along the line of the Rhine. He occupied himself with similar plans for the regions on the Euphrates and on the Danube. Above all he designed an expedition against the Parthians, to avenge the day of Carrhae ; he had destined three years for this war, and was resolved to settle accounts with these dangerous enemies once for all and not less cautiously than thoroughly. In like manner he had projected the scheme of attacking Burebistas king of the Getae, who was greatly extending his power on both sides of the Danube 06), and of protecting Italy the north-east by border-districts similar to those which he had created for in Gaul. On the other hand there no evidence at all that Caesar contemplated like Alexander
career of victory extending indefinitely far; said indeed that he had intended to march from Parthia to
356
THE OLD REPUBLIC AND book v
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chap, xi THE NEW MONARCHY
357
the Caspian and from this to the Black Sea and then along its northern shores to the Danube, to annex to the empire all Scythia and Germany as far as the Northern Ocean—which according to the notions of that time was not so very distant from the Mediterranean —and to return home through Gaul ; but no authority at all deserving of credit vouches for the existence of these fabulous projects. In the case of a state which, like the Roman state of Caesar, already included a mass of barbaric elements difficult to be controlled, and had still for centuries to come more than enough to do with their assimilation, such conquests, even granting their military practicability, would have been nothing but blunders far more brilliant and far worse than the Indian expedition of Alexander. Judging both from Caesar's conduct in Britain and Germany and from the conduct of those who became the heirs of his political ideas, it is in a high degree probable that Caesar with Scipio Aemilianus called on the gods not to increase the empire, but to preserve
and that his schemes of conquest restricted themselves to settlement of the frontier — measured, true, by his own great scale —which should secure the line of the Euphrates and, instead of the fluctuating and militarily useless boundary of the empire on the north-east, should establish and render defensible the line of the Danube.
But, remains mere probability that Caesar ought
not to be designated world-conqueror in the same sense ° c&e^r as Alexander and Napoleon, quite certain that his military
design was not to rest his new monarchy primarily on the support of the army nor generally to place the military authority above the civil, but to incorporate with, and as far as possible subordinate to, the civil commonwealth. The invaluable pillars of military state, those old and far- famed Gallic legions, were honourably dissolved just on account of the incompatibility of their esprit de corps
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with a civil commonwealth, and their glorious names were only perpetuated in newly-founded urban communi ties. The soldiers presented by Caesar with allotments of land on their discharge were not, like those of Sulla, settled together—as it were militarily —in colonies of their own, but, especially when they settled in Italy, were isolated as much as possible and scattered throughout the penin sula ; it was only in the case of the portions of the Campanian land that remained for disposal, that an aggregation of the old soldiers of Caesar could not be avoided. Caesar sought to solve the difficult task of keeping the soldiers of a standing army within the spheres of civil life, partly by retaining the former arrangement which prescribed merely certain years of service, and not a service strictly constant, that uninterrupted by any discharge partly by the already- mentioned shortening of the term of service, which occasioned speedier change in the personal composition of the army partly the regular settlement of the soldiers who had served out their time as agricultural colonists partly and principally by keeping the army aloof from Italy and generally from the proper seats of the civil and political life of the nation, and directing the soldier to the points, where according to the opinion of the great king he was alone in his place —to the frontier stations, that he might ward off the extraneous foe.
The true criterion also of the military state —the develop- ^J2* °* ment of, and the privileged position assigned to, the corps of guards — not to be met with in the case of Caesar.
Although as respects the army on active service the institu tion of special bodyguard for the general had been already long in existence (iii. 460), in Caesar's system this fell completely into the background his praetorian cohort seems to have essentially consisted merely of orderly officers or non-military attendants, and never to have been in the
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359
proper sense a select corps, consequently never an object of jealousy to the troops of the line. While Caesar even as general practically dropped the bodyguard, he still less as king tolerated a guard round his person. Although constantly, beset by lurking assassins and well aware of
he yet rejected the proposal of the senate to institute a select guard dismissed, as soon as things grew in some measure quiet, the Spanish escort which he had made use of at first in the capital and contented himself with the retinue of lictors sanctioned by traditional usage for the Roman supreme magistrates.
However much of the idea of his party and of his youth Impracti- —to found Periclean government in Rome not by virtue SSS" of the sword, but by virtue of the confidence of the nation —Caesar had been obliged to abandon in the struggle with
realities, he retained even now the fundamental idea — of
not founding military monarchy —with an energy to which
history scarcely supplies parallel. Certainly this too was
an impracticable ideal— was the sole illusion, in regard
to which the earnest longing of that vigorous mind was
more powerful than its clear judgment. government,
such as Caesar had in view, was not merely of necessity
in its nature highly personal, and so liable to perish with
the death of its author just as the kindred creations of
Pericles and Cromwell with the death of their founders
but, amidst the deeply disorganized state of the nation,
was not at all credible that the eighth king of Rome would
succeed even for his lifetime in ruling, as his seven prede
cessors had ruled, his fellow-burgesses merely by virtue of
law and justice, and as little probable that he would suc
ceed in incorporating the standing army—after had during
the last civil war learned its power and unlearned its rever ence—once more as subservient element in civil society.
To any one who calmly considered to what extent reverence
for the law had disappeared from the lowest as from the
a
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Financial admm1stra-
highest ranks of society, the former hope must have seemed almost a dream ; and, if with the Marian reform of the military system the soldier generally had ceased to be a citizen (iii. 461), the Campanian mutiny and the battle-field of Thapsus showed with painful clearness the nature of the support which the army now lent to the law. Even the great democrat could only with difficulty and imperfectly hold in check the powers which he had unchained ; thousands of swords still at his signal flew from the scabbard, but they were no longer equally ready upon that signal to return to the sheath. Fate is mightier
* than genius. Caesar desired to become the restorer of the civil commonwealth, and became the founder of the military monarchy which he abhorred ; he overthrew the rtgime of aristocrats and bankers in the state, only to put a military rtgime in their place, and the common wealth continued as before to be tyrannized and worked for profit by a privileged minority. And yet it is a privilege of the highest natures thus creatively to err. The brilliant attempts of great men to realize the ideal, though they do not reach their aim, form the best treasure of the nations. It was owing to the work of Caesar that the Roman military state did not become a police-state till after the lapse of several centuries, and that the Roman Imperators, however little they otherwise resembled the great founder of their sovereignty, yet employed the soldier in the main not against the citizen but against the public foe, and esteemed both nation and army too highly to set the latter as constable over the former.
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The regulation of financial matters occasioned compara- jjveiy little difficulty in consequence of the solid foundations which the immense magnitude of the empire and the exclusion of the system of credit supplied. If the state had hitherto found itself in constant financial embarrass ment, the fault was far from chargeable on the inadequacy
chap, xi THE NEW MONARCHY
361
of the state revenues'; on the contrary these had of late years immensely increased. To the earlier aggregate income, which is estimated at 200,000,000 sesterces
there were added 85,000,000 sesterces (,£850,000) by the erection of the provinces of Bithynia-
Pontus and Syria ; which increase, along with the other newly opened up or augmented sources of income, especi
ally from the constantly increasing produce of the taxes
on luxuries, far outweighed the loss of the Campanian rents. Besides, immense sums had been brought from extraordinary sources into the exchequer through Lucullus, Metellus, Pompeius, Cato and others. The cause of the financial embarrassments rather lay partly in the increase v of the ordinary and extraordinary expenditure, partly in
the disorder of management. Under the former head, the distribution of corn to the multitude of the capital claimed almost exorbitant sums ; through the extension given
to it by Cato in 691 (iv. 490) the yearly expenditure for 63. that purpose amounted to 30,000,000 sesterces (. £300,000) and after the abolition in 696 of the compensation hitherto 68. paid, it swallowed up even a fifth of the state revenues.
The military budget also had risen, since the garrisons
of Cilicia, Syria, and Gaul had been added to those of Spain, Macedonia, and the other provinces. Among the extraordinary items of expenditure must be named in the first place the great cost of fitting out fleets, on which,
for example, five years after the great razzia of 687, 67. 34,000,000 sesterces (^340,000) were expended at once. Add to this the very considerable sums which were consumed in wars and warlike preparations ; such as 18,000,000 sesterces (,£180,000) paid at once to Piso merely for the outfit of the Macedonian army, 24,000,000 sesterces (,£240,000) even annually to Pompeius for the maintenance and pay of the Spanish army, and similar sums to Caesar for the Gallic legions. But considerable
(£2,000,000),
Financial reforms of Caesar.
as were these demands made on the Roman exchequer, it would still have been able probably to meet them, had not its administration once so exemplary been affected by the universal laxity and dishonesty of this age ; the payments of the treasury were often suspended merely because of the neglect to call up its outstanding claims. The magistrates placed over two of the quaestors— young men annually changed—contented themselves at the best with inaction; among the official staff of clerks and others, formerly so justly held in high esteem for its in tegrity, the worst abuses now prevailed, more especially since such posts had come to be bought and sold.
As soon however as the threads of Roman state-finance were concentrated no longer as hitherto in the senate, but in the cabinet of Caesar, new life, stricter order, and more
compact connection at once pervaded all the wheels and springs of that great machine. The two institutions, which originated with Gaius Gracchus and ate like gangrene into the Roman financial system —the leasing of the direct taxes, and the distributions of grain—were partly abolished, partly remodelled. Caesar wished not, like his predecessor, to hold the nobility in check by the banker-aristocracy and the populace of the capital, but to set them aside and to deliver the commonwealth from all parasites whether of high or lower rank and therefore he went in these two important questions not with Gaius Gracchus, but with the oligarch Sulla. The leasing system was allowed to continue for the indirect taxes, in the case of which was very old and— under the maxim of Roman financial administration, which was retained inviolable also by Caesar, that the levying of the taxes should at any cost be kept simple and readily manageable —absolutely could not be dispensed with. But the direct taxes were thenceforth universally either treated, like the African and Sardinian deliveries of corn and oil, aa contributions in kind to be directly supplied to the state,
Leasing of
tales'1 abolished,
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THE OLD REPUBLIC AND book v
it
;
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363
or converted, like the revenues of Asia Minor, into fixed
in which case the collection of the several sums payable was entrusted to the tax - districts
themselves.
The corn-distributions in the capital had hitherto been Reform of
looked on as a profitable prerogative of the community which ruled and, because ruled, had to be fed by its com. subjects. This infamous principle was set aside by Caesar
but could not be overlooked that multitude of wholly destitute burgesses had been protected solely by these largesses of food from starvation. In this aspect Caesar retained them. While according to the Sempronian ordinance renewed by Cato every Roman burgess settled
in Rome had legally claim to bread-corn without payment, this list of recipients, which had at last risen to
the number of 320,000, was reduced the exclusion of
all individuals having means or otherwise provided for to
150,000, and this number was fixed once for all as the maximum number of recipients of free corn at the same time an annual revision of the list was ordered, so that the places vacated by removal or death might be again filled up with the most needful among the applicants. By this conversion of the political privilege into provision for the poor, principle remarkable in moral as well as in historical point of view came for the first time into living operation. Civil society but slowly and gradually works its way to perception of the interdependence of interests earlier antiquity the state doubtless protected its members from the public enemy and the murderer, but was not bound to protect the totally helpless fellow-citizen from the worse enemy, want, by affording the needful means of subsistence. was the Attic civilization which first developed, in the Solonian and post-Solonian legislation, the principle that the duty of the community to provide for its invalids and indeed for its poor generally and was
money payments,
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Caesar that first developed what in the restricted compass of Attic life had remained a municipal matter into an organic institution of state, and transformed an arrangement, which was a burden and a disgrace for the commonwealth, into the first of those institutions —in modern times as count less as they are beneficial —where the infinite depth of human compassion contends with the infinite depth of human misery.
In addition to these fundamental reforms a thorough revision of the income and expenditure took place. The ordinary sources of income were everywhere regulated and fixed. Exemption from taxation was conferred on not a few communities and even on whole districts, whether indirectly by the bestowal of the Roman or Latin franchise, or directly by special privilege ; it was obtained e. g. by all the Sicilian communities 1 in the former, by the town of Uion in the latter way. Still greater was the number of those whose proportion of tribute was lowered ; the com munities in Further Spain, for instance, already after Caesar's governorship had on his suggestion a reduction of tribute granted to them by the senate, and now the most oppressed province of Asia had not only the levying of its direct taxes facilitated, but also a third of them remitted. The newly- added taxes, such as those of the communities subdued in Illyria and above all of the Gallic communities —which latter together paid annually 40,000,000 sesterces (^400,000) —were fixed throughout on a low scale. It is true on the other hand that various towns such as Little Leptis in Africa, Sulci in Sardinia, and several Spanish communities, had their tribute raised by way of penalty for their conduct during the last war. The very
1 Varro attests the discontinuance of the Sicilian decumat in a treatise published after Cicero's death (De R. R. a fraef. ) where he names —as the corn - provinces whence Rome derives her subsistence — only Africa and Sardinia, no longer Sicily. The Latinita], which Sicily obtained, must thus doubtless have included this immunity (comp. Staatsrecht, iii. 684).
364
THE OLD REPUBLIC AND book v
wholly
char xi THE NEW MONARCHY
3«5
lucrative Italian harbour-tolls abolished in the recent times of anarchy (iv. 502) were re-established all the more readily, that this tax fell essentially on luxuries imported from the east To these new or revived sources of ordinary income were added the sums which accrued by
extraordinary means, especially in consequence of the civil war, to the victor —the booty collected in Gaul ; the stock of cash in the capital; the treasures taken from the Italian and
Spanish temples ; the sums raised in the shape of forced loan, compulsory present, or fine, from the dependent communities and dynasts, and the pecuniary penalties imposed in a similar way by judicial sentence, or simply by sending an order to pay, on individual wealthy Romans ; and above all things the proceeds from the estate of defeated opponents. How productive these sources of income were, we may learn from the fact, that the fine of the African capitalists who sat in the opposition-senate alone amounted to 100,000,000 sesterces (,£1,000,000) and the price paid by the purchasers of the property of
to 70,000,000 sesterces (,£700,000). This course was necessary, because the power of the beaten nobility rested in great measure on their colossal wealth and could only be effectually broken by imposing on them the defrayment of the costs of the war. But the odium of the confiscations was in some measure mitigated by the fact that Caesar directed their proceeds solely to the benefit of the state, and, instead of overlooking after the manner of Sulla any act of fraud in his favourites, exacted the
Pompeius
with rigour even from his most faithful adherents, e. g. from Marcus Antonius.
In the expenditure a diminution was in the first place The obtained by the considerable restriction of the largesses of budg^'
purchase -money
The distribution of corn to the poor of the capital tura. which was retained, as well as the kindred supply of oil newly introduced by Caesar for the Roman baths, were at least
grain.
366
THE OLD REPUBLIC AND book v
in great part charged once for all on the contributions in kind from Sardinia and especially from Africa, and were thereby wholly or for the most part kept separate from the exchequer. On the other hand the regular expenditure for the military system was increased partly by the augmenta tion of the standing army, partly by the raising of the pay of the legionary from 480 sesterces (£5) to 900 (,£g)
Both steps were in fact indispensable. There was a total want of any real defence for the frontiers, and an indispensable preliminary to it was a considerable increase of the army. The doubling of the pay was doubtless employed by Caesar to attach his soldiers firmly to him 199), but was not introduced as a permanent innovation on that account The former pay of sesterces Jd. ) per day had been fixed in very ancient times, when money had an altogether different value from that which had in the Rome of Caesar's day could only have been retained down to period when the common day-labourer in the capital earned the labour of his hands daily on an average sesterces
because in those times the soldier entered the army not for the sake of the pay, but chiefly for the sake of the —in great measure illicit —perquisites of military service. The first condition in order to serious reform in the military system, and to the getting rid of those irregular gains of the soldier which formed burden mostly on the provincials, was an increase suitable to the times in the regular pay and the fixing of at sesterces id. ) may be regarded as an equitable step, while the great burden thereby imposed on the treasury was a necessary, and in its con sequences beneficial, course.
Of the amount of the extraordinary expenses which Caesar had to undertake or voluntarily undertook, difficult to form conception. The wars themselves consumed enormous sums; and sums perhaps not less
annually.
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367
were required to fulfil the promises which Caesar had been obliged to make during the civil war. It was a bad example and one unhappily not lost sight of in the sequel, that every common soldier received for his partici pation in the civil war 20,000 sesterces (^200), every burgess of the multitude in the capital for his non-participa
tion in it 300 sesterces (jCz) as an addition to his aliment ; but Caesar, after having once under the pressure of circumstances pledged his word, was too much of a king to abate from it Besides, Caesar answered innumerable demands of honourable liberality, and put into circulation immense sums for building more especially, which had been shamefully neglected during the financial distress of the last times of the republic —the cost of his buildings executed partly during the Gallic campaigns, partly after wards, in the capital was reckoned at 160,000,000 sesterces (^1,600,000).
The general result of the financial administration of Caesar is expressed in the fact that, while by sagacious and energetic reforms and by a right combination of economy and liberality he amply and fully met all equitable claims, nevertheless already in March 710 there lay in the public treasury 700,000,000 44. and in his own 100,000,000 sesterces (together ^8,000,000) —a sum which exceeded by tenfold the amount of cash in the treasury in the most flourishing times of the republic
(iii. 23).
But the task of breaking up the old parties and furnish- Social
ing the new commonwealth with an appropriate constitu- "^j"*0* tion, an efficient army, and well-ordered finances, difficult nation,
as it was, was not the most difficult part of Caesar's work.
If the Italian nation was really to be regenerated, it
required a reorganization which should transform all parts of the great empire — Rome, Italy, and the provinces. Let us endeavour here also to delineate the old state of things, as well as the beginnings of a new and more tolerable time.
Th» **'
The good stock of the Latin nation had long since wholly disappeared from Rome. It is implied in the very nature of the case, that a capital loses its municipal and even its national stamp more quickly than any subor dinate community. There the upper classes speedily with draw from urban public life, in order to find their home rather in the state as a whole than in a single city ; there are inevitably concentrated the foreign settlers, the fluctu ating population of travellers for pleasure or business, the mass of the indolent, lazy, criminal, financially and morally bankrupt, and for that very reason cosmopolitan, rabble. All this pre-eminently applied to Rome. The opulent Roman frequently regarded his town-house merely as a lodging. When the urban municipal offices were converted into im perial magistracies; when the civic assembly became the assembly of burgesses of the empire ; and when smaller self-governing tribal or other associations were not tolerated within the capital : all proper communal life ceased for Rome. From the whole compass of the widespread empire people flocked to Rome, for speculation, for debauchery, for intrigue, for training in crime, or even for the purpose of hiding there from the eye of the law.
These evils arose in some measure necessarily from the very nature of a capital; others more accidental and perhaps still more grave were associated with them. There has never perhaps existed a great city so thoroughly destitute of the means of support as Rome; importation on the one hand, and domestic manufacture by slaves on the other, rendered any free industry from the outset impossible there. The injurious consequences of the radical evil pervading the politics of antiquity in general— the slave-system —were more conspicuous in the capital than anywhere else. Nowhere were such masses of slaves accumulated as in the city palaces of the great families or of wealthy upstarts. Nowhere were the nations of the
The
Jjjjjjj °*
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THE OLD REPUBLIC AND book v
chap, XI THE NEW MONARCHY
369
three continents mingled as in the slave -population of the capital — Syrians, Phrygians and other half- Hellenes with Libyans and Moors, Getae and Iberians with the daily-increasing influx of Celts and Germans. The demoralization inseparable from the absence of freedom, and the terrible inconsistency between formal and moral right, were far more glaringly apparent in the case of the half or wholly cultivated — as it were genteel — city-slave than in that of the rural serf who tilled the field in chains like the fettered ox. Still worse than the masses of slaves
were those who had been dc jure or simply de facto released from slavery—a mixture of mendicant rabble and very rich parvenus, no longer slaves and not yet fully bur gesses, economically and even legally dependent on their master and yet with the pretensions of free men ; and these freedmen made their way above all towards the capital, where gain of various sorts was to be had and the retail traffic as well as the minor handicrafts were almost wholly in their hands. Their influence on the elections is expressly attested; and that they took a leading part in the street riots, is very evident from the ordinary signal by means of which these were virtually proclaimed by the demagogues — the closing of the shops and places of sale.
Moreover, the government not only did nothing to coun-
teract this corruption of the population of the capital, but
even encouraged it for the benefit of their selfish policy, to the
pop
The judicious rule of law, which prohibited individuals condemned for a capital offence from dwelling in the capital, was not carried into effect by the negligent police. The police-supervision —so urgently required —of associa tion on the part of the rabble was at first neglected, and afterwards 1n) even declared punishable as restriction inconsistent with the freedom of the people. The popular festivals had been allowed so to increase that the seven ordinary ones alone—the Roman, the Plebeian, those of
VOL. . ,17
Relations
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the Mother of the Gods, of Ceres, of Apollo, of Flora (iii. 125) and of Victoria —lasted altogether sixty-two days ; and to these were added the gladiatorial games and numerous
other extraordinary amusements. The duty of providing grain at low prices — which was unavoidably necessary with such a proletariate living wholly from hand to mouth —was treated with the most unscrupulous frivolity, and the fluctuations in the price of bread-corn were of a fabulous and incalculable description. 1 Lastly, the distributions of grain formed an official invitation to the whole burgess- proletariate who were destitute of food and indisposed for work to take up their abode in the capital.
Anarchy of
the capital. The system of clubs and bands in the sphere of politics,
The seed sown was bad, and the harvest corresponded.
the worship of Isis and similar pious extravagances in that of religion, had their root in this state of things. People were constantly in prospect of a dearth, and not unfre- quently in utter famine. Nowhere was a man less secure of his life than in the capital ; murder
professionally prosecuted by banditti was the single trade peculiar to it; the alluring of the victim to Rome was the preliminary to his assassination ; no one ventured into the country in the
vicinity of the capital without an armed retinue. Its out ward condition corresponded to this inward disorganization, and seemed a keen satire on the aristocratic government Nothing was done for the regulation of the stream of the Tiber ; excepting that they caused the only bridge, with which they still made shift (iv. 169), to be constructed of stone at least as far as the Tiber-island. As little was anything done toward the levelling of the city of the Seven Hills, except where perhaps the accumulation of rubbish had effected some improvement The streets ascended and
1 In Sicily, the country of production, the modiut was sold within a few years at two and at twenty sesterces ; from this we may guess what must have been the fluctuations of price in Rome, which subsisted on transmarine corn and was the seat of speculators.
chap, xi THE NEW MONARCHY
371
descended narrow and angular, and were wretchedly kept ; the footpaths were small and ill paved. The ordinary houses were built of bricks negligently and to a giddy height, mostly by speculative builders on account of the small proprietors ; by which means the former became vastly rich, and the latter were reduced to beggary. Like isolated islands amidst this sea of wretched buildings were seen the splendid palaces of the rich, which curtailed the space for the smaller houses just as their owners curtailed the burgess-rights of smaller men in the state, and beside whose marble pillars and Greek statues the
decaying temples, with their images of the gods still in great part carved of wood, made a melancholy figure. A police-
supervision of streets, of river-banks, of fires, or of building was almost unheard of; if the government troubled itself at all about the inundations, conflagrations, and falls of houses which were of yearly occurrence, it was only to ask from the state-theologians their report and advice regarding the true import of such signs and wonders. If we try to conceive to ourselves a London with the slave-population of New Orleans, with the police of Constantinople, with the non-industrial character of the modern Rome, and agitated by politics after the fashion of the Paris in 1848, we shall acquire an approximate idea of the republican glory, the departure of which Cicero and his associates in their sulky letters deplore.
Caesar did not deplore, but he sought to help so far as
help was possible. Rome remained, of course, what it was
—a cosmopolitan city. Not only would the attempt to in the give to it once more a specifically Italian character have czpaa1' been impracticable ; it would not have suited Caesar's plan.
Just as Alexander found for his Graeco-Oriental empire an appropriate capital in the Hellenic, Jewish, Egyptian, and
above all cosmopolitan, Alexandria, so the capital of the
new Romano-Hellenic universal empire, situated at the
Caesar's t"satI°TMt
-
Diminution teuriawT*"
meeting-point of the east and the west, was to be not an Italian community, but the denationalized capital of many nations. For this reason Caesar tolerated the worship of the newly-settled Egyptian gods alongside of Father Jovis, and granted even to the Jews the free exercise of their strangely foreign ritual in the very capital of the empire. However offensive was the motley mixture of the parasitic — especially the Helleno-Oriental — population in Rome, he nowhere opposed its extension ; it is significant, that at his popular festivals for the capital he caused dramas to be per formed not merely in Latin and Greek, but also in other lan guages, presumably in Phoenician, Hebrew, Syrian, Spanish.
But, if Caesar accepted with the full consciousness of w^at ne was doing tne fundamental character of the capital such as he found he yet worked energetically at the improvement of the lamentable and disgraceful state of things prevailing there. Unhappily the primary evils were the least capable of being eradicated. Caesar could not abolish slavery with its train of national calamities must remain an open question, whether he would in the course of time have attempted at least to limit the slave-population in the capital, as he undertook to do so in another field. As little could Caesar conjure into existence free industry in the capital yet the great building-operations remedied in some measure the want of means of support there, and opened up to the proletariate source of small but honour able gain. On the other hand Caesar laboured energetically to diminish the mass of the free proletariate. The constant influx of persons brought by the corn-largesses to Rome was, not wholly stopped,1 at least very materially restricted
It a net not without interest that a political writer of later date but much judgment, the author of the letters addressed in the name of Sallust to Caesar, advises the latter to transfer the corn-distribution of the capital to the several mtinicipia. There good sense in the admonition as indeed similar ideas obviously prevailed in the noble municipal provision for orphans under Trajan.
372
THE OLD REPUBLIC AND book V
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373
by the conversion of these largesses into a provision for the poor limited to a fixed number. The ranks of the existing proletariate were thinned on the one hand by the tribunals which were instructed to proceed with unrelenting rigour against the rabble, on the other hand by a compre hensive transmarine colonization ; of the 80,000 colonists whom Caesar sent beyond the seas in the few years of his government, a very great portion must have been taken from the lower ranks of the population of the capital ; most of the Corinthian settlers indeed were freedmen. When in deviation from the previous order of things, which precluded the freedmen from any urban honorary office, Caesar opened to them in his colonies the doors of the senate- house, this was doubtless done in order to gain those of them who were in better positions to favour the cause of emi gration. This emigration, however, must have been more than a mere temporary arrangement; Caesar, convinced like every other man of sense that the only true remedy for the misery of the proletariate consisted in a well-regulated system of colonization, and placed by the condition of the empire in a position to realize it to an almost unlimited extent, must have had the design of permanently continuing the process, and so opening up a constant means of abating an evil which was constantly reproducing itself. Measures were further taken to set bounds to the serious fluctuations in the price of the most important means of subsistence in the markets of the capital. The newly-organized and liberally- administered finances of the state furnished the means for
this purpose, and two newly-nominated magistrates, the corn-aediles 346) were charged with the special supervi sion of the contractors and of the market of the capital.
The club system was checked, more effectually than was The club possible through prohibitive laws, by the change of the con- 222L* stitution inasmuch as with the republic and the republican
elections and tribunals the corruption and violence of the
;
(p.
Street
electioneering and judicial collegia —and generally the politi cal Saturnalia of the canaille—came to an end of themselves. Moreover the combinations called into existence by the Clodian law were broken up, and the whole system of association was placed under the superintendence of the governing authorities. With the exception of the ancient guilds and associations, of the religious unions of the Jews, and of other specially excepted categories, for which a simple intimation to the senate seems to have sufficed, the permission to constitute a permanent society with fixed times of assembling and standing deposits was made dependent on a concession to be granted by the senate, and, as a rule, doubtless only after the consent of the monarch had been obtained.
To this was added a stricter administration of criminal justice and an energetic police. The laws, especially as regards the crime of violence, were rendered more strin gent ; and the irrational enactment of the republican law, that the convicted criminal was entitled to withdraw himself from a part of the penalty which he had incurred by self- banishment, was with reason set aside. The detailed regulations, which Caesar issued regarding the police of the capital, are in great part still preserved ; and all who choose may convince themselves that the Imperator did not disdain to insist on the house-proprietors putting the streets into repair and paving the footpath in its whole breadth with hewn stones, and to issue appropriate enact ments regarding the carrying of litters and the driving of waggons, which from the nature of the streets were only allowed to move freely through the capital in the evening and by night The supervision of the local police remained as hitherto chiefly with the four aediles, who were instructed now at least, if not earlier, each to superintend a distinctly marked-off police district within the capital.
Lastly, building in the capital, and the orovision con*
374
THE OLD REPUBLIC AND book v
chap, XI THE NEW MONARCHY
375
nected therewith of institutions for the public benefit, received from Caesar — who combined in himself the love for building of a Roman and of an organizer—a sudden stimulus, which not merely put to shame the mismanage ment of the recent anarchic times, but also left all that the Roman aristocracy had done in their best days as far behind as the genius of Caesar surpassed the honest endeavours of the Marcii and Aemilii. It was not merely by the extent of the buildings in themselves and the magnitude of the sums expended on them that Caesar excelled his prede cessors ; but a genuine statesmanly perception of what was for the public good distinguishes what Caesar did for the public institutions of Rome from all similar services. He did not build, like his successors,
Buildingi ,^5°^
temples and other splendid structures, but he relieved the market
place of Rome—in which the burgess-assemblies, the seats of the chief courts, the exchange, and the daily business- traffic as well as the daily idleness, still were crowded together—at least from the assemblies and the courts by constructing for the former a new comitium, the Saepta Julia in the Campus Martius, and for the latter a separate place of judicature, the Forum Julium between the Capitol and Palatine. Of a kindred spirit is the arrangement originat ing with him, by which there were supplied to the baths of the capital annually three million pounds of oil, mostly from Africa, and they were thereby enabled to furnish to the bathers gratuitously the oil required for the anoint ing of the body —a measure of cleanliness and sanitary polio2 which, according to the ancient dietetics based substantially on bathing and anointing, was highly judi cious.
But these noble arrangements were only the first steps towards a complete remodelling of Rome. Projects were already formed for a new senate-house, for a new magnifi cent bazaar, for a theatre to rival that of Pompeius, for a
37«
THE OLD REPUBLIC AND book v
public Latin and Greek library after the model of that recently destroyed at Alexandria —the first institution of the sort in Rome — lastly for a temple of Mars, which was to surpass all that had hitherto existed in riches and glory. Still more brilliant was the idea, first, of construct ing a canal through the Pomptine marshes and drawing off their waters to Tarracina, and secondly, of altering the lower course of the Tiber and of leading it from the present Ponte Molle, not through between the Campus Vaticanus and the Campus Martius, but rather round the Campus Vaticanus and the Janiculum to Ostia, where the miserable roadstead was to give place to an adequate arti ficial harbour. By this gigantic plan on the one hand the most dangerous enemy of the capital, the malaria of the neighbourhood would be banished ; on the other hand the extremely limited facilities for building in the capital would be at once enlarged by substituting the Campus Vaticanus thereby transferred to the left bank of the Tiber for the Campus Martius, and allowing the latter spacious field to be applied for public and private edifices ; while the capital would at the same time obtain a safe seaport, the want of which was so painfully felt. It seemed as if the Imperator would remove mountains and rivers, and venture to contend with nature herself.
Much however as the city of Rome gained by the new order of things in commodiousness and magnificence, its political supremacy was, as we have already said, lost to it irrecoverably through that very change. The idea that the Roman state should coincide with the city of Rome had in deed in the course of time become more and more unnatural and preposterous ; but the maxim had been so intimately blended with the essence of the Roman republic, that it could not perish before the republic itself. It was only in
the new state of Caesar that it was, with the exception per haps of some legal fictions, completely set aside, and the
chap, XI THE NEW MONARCHY
377
community of the capital was placed legally on a level with all other municipalities ; indeed Caesar—here as everywhere endeavouring not merely to regulate the thing, but also to call it officially by the right name —issued his Italian muni cipal ordinance, beyond doubt purposely, at once for the capital and for the other urban communities. We may add thai Rome, just because it was incapable of a living com munal character as a capital, was even essentially inferior to the other municipalities of the imperial period. The re publican Rome was a den of robbers, but it was at the same time the state ; the Rome of the monarchy, although it began to embellish itself with all the glories of the three continents and to glitter in gold and marble, was yet
in the state but a royal residence in connec tion with a poor-house, or in other words a necessary eviL
While in the capital the only object aimed at was to get rid of palpable evils by police ordinances on the great est scale, it was a far more difficult task to remedy the
nothing
of Italian economics. Its radical misfortunes were those which we previously noticed in
deep disorganization
detail — the disappearance of the agricultural, and the un
natural increase of the mercantile, population —with which
an endless train of other evils was associated. The reader
will not fail to remember what was the state of Italian agri
culture. In spite of the most earnest attempts to check the Italian "** annihilation of the small holdings, farm-husbandry was "^ scarcely any longer the predominant species of economy
during this epoch in any region of Italy proper, with the exception perhaps of the valleys of the Apennines and Abruzzi. As to the management of estates, no material difference is perceptible between the Catonian system for merly set forth (iii. 64-73) a"d that described to us by Varro, except that the latter shows the traces for better and for worse of the progress of city-life on a great scale in Rome. " Formerly," says Varro, " the barn on the estate was larger
Italy,
378
THE OLD REPUBLIC AND book V
than the manor-house ; now it is wont to be the reverse. " In the domains of Tusculum and Tibur, on the shores of Tarracina and Baiae — where the old Latin and Italian farmers had sown and reaped — there now rose in barren splendour the villas of the Roman nobles, some of which covered the space of a moderate-sized town with their appurtenances of garden-grounds and aqueducts, fresh and salt water ponds for the preservation and breeding of river and marine fishes, nurseries of snails and slugs, game- preserves for keeping hares, rabbits, stags, roes, and wild boars, and aviaries in which even cranes and peacocks were kept But the luxury of a great city enriches also many an industrious hand, and supports more poor than philanthropy with its expenditure of alms. Those aviaries and fish-ponds of the grandees were of course, as a rule, a very costly indulgence. But this system was carried to such an extent and prosecuted with so much keenness, that eg. the stock of a pigeon-house was valued at 100,000 sesterces (,£1000); a methodical system of fattening had sprung up, and the manure got from the aviaries became of importance in agriculture ; a single bird-dealer was able to furnish at once 5000 fieldfares—for they knew how to rear these also — at three denarii (2s. ) each, and a single possessor of a fish-pond 2000 muraenae ; and the fishes left behind by Lucius Lucullus brought 40,000 sesterces
As may readily be conceived, under such cir cumstances any one who followed this occupation industri ously and intelligently might obtain very large profits with a comparatively small outlay of capital. A small bee- breeder of this period sold from his thyme-garden not larger than an acre in the neighbourhood of Falerii honey to an average annual amount of at least 1 0,000 sesterces
(. £400).
The rivalry of the growers of fruit was carried so far, that in elegant villas the fruit-chamber lined with marble was not unfrequently fitted up at the same time as
(,£100).
chap, xi THE NEW MONARCHY
379
a dining-room, and sometimes fine fruit acquired by pur chase was exhibited there as of home growth. At this period the cherry from Asia Minor and other foreign fruit- trees were first planted in the gardens of Italy. The vegetable gardens, the beds of roses and violets in Latium and Campania, yielded rich produce, and the " market for dainties " (Jorum cupedinis) by the side of the Via Sacra, where fruits, honey, and chaplets were wont to be exposed for sale, played an important part in the life of the capital. Generally the management of estates, worked as they were on the planter-system, had reached in an economic point of view a height scarcely to be surpassed. The valley of Rieti, the region round the Fucine lake, the districts on the Liris and Volturnus, and indeed Central Italy in general, were as respects husbandry in the most flourishing condition ; even certain branches of industry, which were suitable accompaniments of the management of an estate by means of slaves, were taken up by intelligent landlords, and, where the circumstances were favourable, inns, weaving factories, and especially brickworks were constructed on the estate. The Italian producers of wine and oil in
not only supplied the Italian markets, but carried on also in both articles a considerable business of transmarine exportation. A homely professional treatise of this period compares Italy to a great fruit-garden ; and the pictures which a contemporary poet gives of his beautiful native land, where the well-watered meadow, the luxuriant corn-field, the pleasant vine-covered hill are fringed by the dark line of the olive-trees —where the " ornament " of the land, smiling in varied charms, cherishes the loveliest gardens in its bosom and is itself wreathed round by food- producing trees — these descriptions, evidently faithful pictures of the landscape daily presented to the eye of the
poet, transplant us into the most flourishing districts of Tuscany and Terra di Lavoro. The pastoral husbandry,
particular
3to
THE OLD REPUBLIC AND book v
it is true, which for reasons formerly explained was always spreading farther especially in the south and south-east of Italy, was in every respect a retrograde movement ; but it too participated to a certain degree in the general progress of agriculture ; much was done for the improvement of the breeds, e. g. asses for breeding brought 60,000 sesterces (^600), 100,000 (^1000), and even 400,000
(^4000). The solid Italian husbandry obtained at this period, when
Money- dealing.
the general development of intelligence and abundance of capital rendered it fruitful, far more brilliant results than ever the old system of small cultivators could have given ; and was carried even already beyond the bounds of Italy, for the Italian agriculturist turned to account large tracts in the provinces by rearing cattle and even cultivating corn.
In order to show what dimensions money-dealing assumed by the side of this estate-husbandry unnaturally prospering over the ruin of the small farmers, how the Italian merchants vying with the Jews poured themselves into all the provinces and client-states of the empire, and how all capital ultimately flowed to Rome, it will be sufficient, after what has been already said, to point to the single fact that in the money-market of the capital the regular rate of interest at this time was six per cent, and consequently money there was cheaper by a half than it was on an average elsewhere in antiquity.
In consequence of this economic system based both in ite agjj^an and mercantile aspects on masses of capital
and on speculation, there arose a most fearful disproportion in the distribution of wealth. The often-used and often- abused phrase of a commonwealth composed of millionaires and beggars applies perhaps nowhere so completely as to the Rome of the last age of the republic ; and nowhere perhaps has the essential maxim of the slave-state —that the rich man who lives by the exertions of his slaves is necessarily respectable, and the poor man who lives by the
Social dfa- proportion.
chap, XI THE NEW MONARCHY
381
labour of his hands is necessarily vulgar — been recognized
with so terrible a precision as the undoubted
principle all public and private intercourse. 1 A real middle class in our sense of the term there was not, as
indeed no such class can exist in any fully-developed slave- state ; what appears as if it were a good middle class and is so in a certain measure, is composed of those rich men of business and landholders who are so uncultivated or to highly cultivated as to content themselves within the sphere of their activity and to keep aloof from public life. Of the men of business — a class, among whom the numerous freedmen and other upstarts, as a rule, were seized with the giddy fancy of playing the man of quality —there were not very many who showed so much judgment A model
1 The following exposition in Cicero's treatise De Officii! 4a) characteristic lam de artificiis et quaestibus, qui liberates habendi, qui sordidi sint, haee fere accepimus, Primum improbantur quaestus, qui in odia hominum incurrunt, ut portitorum, ut feneratorum. Illiberales autem et sordidi quaestus mercenai iorum omnium, quorum operae, non artes emuntur. Est autem in illis ipsa merces auctoramcntum servitutis. Sordidi etiam putandi, qui mercantura mereatoribus quod statim vendant, nihil enim prqficiant, nisi admodum mentiantur. Nee vero est quidquam turpius vanitate. Opificesque omnes in sordida arte versantur; nee enim quidquam ingenuum habere potest offieina. Minimeque artes eae pro- bandae, quae ministrae sunt voluptatum,
"Cetarii, lanii, coqui, fartores, piseatores,"
ut ait Terentius. Addehuc, si placet, unguentarios, saltatores, totumque ludum talarium. Quibus autem artibus aut prudent ia maior inest, aut non mediocris utilitas quaeritur, ut medicina, ut architectura, ut doctrines rerum honestarum, eae sunt lis, quorum ordini conveniunt, honestae. Merca- tura autem, si tenuis est, sordida putanda est; sin magna et copiosa, multa undique apporlans, multaque sine vanitate impertiens, non est admodum vituperanda alque etiam, si satiata quaestu, vel contenta potius ut saepe ex alto in portum, ex ipso port u in agros se possessionesque contuterit, videtur optima iure posse laudari. Omnium autem rerum, ex quibus aliquid acquiritur, nihil est agrieullura melius, nihil uberius, nihil dulcius, nihil homine libera dignius. According to this the respectable man must, in strictness, be landowner the trade of merchant becomes him only so far as means to this ultimate end science as a pro fession suitable only for the Greeks and for Romans not belonging to the ruling classes, who by this means may purchase at all events a certain toleration of their personal presence in genteel circles. a thoroughly developed aristocracy of planters, with strong infusion of mercantile
speculation and slight shading of general culture.
underlying
a
a
is
;a It
it
is
it is a
a
;
;
:
;
(i. it
382
THE OLD REPUBLIC AND book v
of this sort was the Titus Pomponius Atticus frequently mentioned in the accounts of this period. He acquired an immense fortune partly from the great estate-farming which he prosecuted in Italy and Epirus, partly from his money-transactions which ramified throughout Italy, Greece, Macedonia, and Asia Minor; but at the same time he continued to be throughout the simple man of business, did not allow himself to be seduced into soliciting office or even into monetary transactions with the state, and, equally remote from the avaricious niggardliness and from the prodigal and burdensome luxury of his time—his table, for instance, was maintained at a daily cost of 1oo sesterces (jC1)—contented himself with an easy existence appropri ating to itself the charms of a country and a city life, the pleasures of intercourse with the best society of Rome and Greece, and all the enjoyments of literature and art.
More numerous and more solid were the Italian land holders of the old type. Contemporary literature preserves in the description of Sextus Roscius, who was murdered
II. amidst the proscriptions of 673, the picture of such a rural nobleman (paterfamilias rusticanus) ; his wealth, estimated at 6,000,000 sesterces (^60,000), is mainly invested in his thirteen landed estates ; he attends to the management of it in person systematically and with enthusiasm ; he comes seldom or never to the capital, and, when he does appear there, by his clownish manners he contrasts not less with the polished senator than the innumerable hosts of his uncouth rural slaves with the elegant train of domestic slaves in the capital. Far more than the circles of the nobility with their cosmopolitan culture and the mercantile class at home everywhere and nowhere, these landlords and the "country towns" to which they essentially gave tone (munieipia rusticand) preserved as well the discipline and manners as the pure and noble language of their fathers. The order of landlords was regarded as the
chap, xi THE NEW MONARCHY
383
flower of the nation ; the speculator, who has made his fortune and wishes to appear among the notables of the land, buys an estate and seeks, if not to become himself the squire, at any rate to rear his son with that view. We meet the traces of this class of landlords, wherever a national movement appears in politics, and wherever literature puts forth any fresh growth ; from it the patriotic opposition to the new monarchy drew its best strength ; to it belonged Varro, Lucretius, Catullus ; and nowhere perhaps does the comparative freshness of this landlord-life come more characteristically to light than in the graceful Arpinate introduction to the second book of Cicero's treatise De Legibus—a green oasis amidst the fearful desert
of that equally empty and voluminous writer.
But the cultivated class of merchants and the vigorous
order of landlords were far overgrown by the two classes that gave tone to society—the mass of beggars, and the world of quality proper. We have no statistical figures to indicate precisely the relative proportions of poverty and riches for this epoch ; yet we may here perhaps again recall the expression which a Roman statesman employed some fifty years before (iii. 380) — that the number of families of
The poor,
riches among the Roman burgesses did not amount to 2000. The burgess-body had since then become different ; but clear indications attest that the between poor and rich had remained at least
firmly-established
disproportion
as great The increasing impoverishment of the multitude shows itself only too plainly in their crowding to the corn- largesses and to enlistment in the army ; the corresponding increase of riches is attested expressly by an author of this
when, speaking of the circumstances of the Marian period, he describes an estate of 2,000,000 sesterces (^20,000) as "riches according to the circumstances of that day"; and the statements which we find as to the property of individuals lead to the same conclusion. The
generation,
384
THE OLD REPUBLIC AND book v
very rich Lucius Domitius Ahenobarbus promised to twenty thousand soldiers four iugera of land each, out of his own property; the estate of Pompeius amounted to 70,000,000 sesterces (. £700,000); that of Aesopus the actor to 20,000,000 (£200,000); Marcus Crassus, the richest of the rich, possessed at the outset of his career, 7,000,000 (,£70,000), at its close, after lavishing enormous sums on the people, 170,000,000 sesterces (,£1,700,000). The effect of such poverty and such riches was on both sides an economic and moral disorganization outwardly different, but at bottom of the same character. If the common man was saved from starvation only by support from the resources of the state, it was the necessary consequence of this mendicant misery — although it also reciprocally appears as a cause of it—that he addicted himself to the beggar's laziness and to the beggar's good cheer. The Roman plebeian was fonder of gazing in the theatre than of working ; the taverns and brothels were so frequented, that the demagogues found their special account in gaining the possessors of such establishments over to their interests. The gladiatorial games —which revealed, at the same time that they fostered, the worst demoralization of the ancient world —had become so flourishing that a lucrative business was done in the sale of the programmes for them ; and it was at this time that the horrible innovation was adopted by which the decision as to the life or death of the vanquished became dependent, not on the law of duel or on the pleasure of the victor, but on the caprice of the onlooking public, and according to its signal the victor either spared or transfixed his prostrate antagonist. The trade of fighting had so risen or freedom had so fallen in value, that the intrepidity and the emulation, which were lacking on the battle-fields of this age, were universal in the armies of the arena, and, where the law of the duel
required, every gladiator
allowed himself to be stabbed
chap, x1 THE NEW MONARCHY
385
mutely and without shrinking ; that in fact free men not unfrequently sold themselves to the contractors for board and wages as gladiatorial slaves. The plebeians of the fifth century had also suffered want and famine, but they had not sold their freedom; and still less would the
of that period have lent themselves to pro nounce the equally immoral and illegal contract of such a gladiatorial slave "to let himself be chained, scourged, burnt or killed without opposition, if the laws of the institution should so require" by means of unbecoming juristic subtleties as a contract lawful and actionable.
In the world of quality such things did not occur, but Extra-
TO*Mfl*
jurisconsults
at bottom it was hardly different, and least of all better.
In doing nothing the aristocrat boldly competed with the proletarian; if the latter lounged on the pavement, the former lay in bed till far on in the day. Extravagance prevailed here as unbounded as it was devoid of taste.
It was lavished on politics and on the theatre, of course to the corruption of both ; the consular office was purchased
at an incredible price—in the summer of 700 the first 64. voting - division alone was paid 10,000,000 sesterces (;£1 00,000) —and all the pleasure of the man of culture
in the drama was spoilt by the insane luxury of decoratioa Rents in Rome appear to have been on an average four times as high as in the country-towns ; a house there was once sold for 15,000,000 sesterces (^150,000). The house of Marcus Lepidus (consul in 676) which was at 78. the time of the death of Sulla the finest in Rome, did not rank a generation afterwards even as the hundredth on the
list of Roman palaces. We have already mentioned the extravagance practised in the matter of country-houses;
we find that 4,000,000 sesterces (,£40,000) were
for such a house, which was valued chiefly for its fish-pond ; and the thoroughly fashionable grandee now needed at
least two villas — one in the Sabine or Alban mountains
VOL. V
X58
paid
386
THE OLD REPUBLIC AND book v
near the capital, and a second in the vicinity of the Campanian baths — and in addition if possible a garden immediately outside of the gates of Rome. Still more irrational than these villa - palaces were the palatial sepulchres, several of which still existing at the present day attest what a lofty pile of masonry the rich Roman needed in order that he might die as became his rank. Fanciers of horses and dogs too were not wanting ; 24,000 sesterces (^240) was no uncommon price for a showy horse. They indulged in furniture of fine wood — a table of African cypress-wood cost 1,000,000 sesterces (;£10,000); in dresses of purple stuffs or transparent gauzes accompanied by an elegant adjustment of their folds before the mirror —the orator Hortensius is said to have brought an action of damages against a colleague because he ruffled his dress in a crowd ; in precious stones and pearls, which first at this period took the place of the far more beautiful and more artistic ornaments of gold—it was already utter barbarism, when at the triumph of Pompeius over Mithradates the image of the victor appeared wrought wholly of pearls, and when the sofas and the shelves in the dining-hall were silver-mounted and
even the kitchen-utensils were made of silver. In a similar
the collectors of this period took out the artistic medallions from the old silver cups, to set them anew in vessels of gold. Nor was there any lack of luxury also in travelling. "When the governor travelled," Cicero tells us as to one of the Sicilian governors, " which of course he did not in winter, but only at the beginning of spring — not the spring of the calendar but the beginning of the season of roses —he had himself conveyed, as was the custom with the kings of Bithynia, in a litter with eight bearers, sitting on a cushion of Maltese gauze stuffed with rose-leaves, with one garland on his head and a second twined round his neck, applying to his nose a little smelling bag of fine
spirit
chap, xi THE NEW MONARCHY
387
linen, with minute meshes, filled with roses ; and thus he had himself carried even to his bed-chamber. "
Table UXUI7'
But no sort of luxury flourished so much as the coarsest of all—the luxury of the table. The whole villa arrange- ments and the whole villa life had ultimate reference to dining ; not only had they different dining-rooms for winter and summer, but dinner was served in the picture-gallery, in the fruit-chamber, in the aviary, or on a platform erected in the deer-park, around which, when the bespoken
"Orpheus" appeared in theatrical costume and blew his flourish, the duly-trained roes and wild boars congregated. Such was the care bestowed on decoration ; but amidst all this the reality was by no means forgotten. Not only was the cook a graduate in gastronomy, but the master himself often acted as the instructor of his cooks. The roast had been long ago thrown into the shade by marine fishes and oysters ; now the Italian river-fishes were utterly banished from good tables, and Italian delicacies and Italian wines were looked on as almost vulgar. Now even at the
popular festivals there were distributed, besides the Italian Falerian, three sorts of foreign wine—Sicilian, Lesbian, Chian, while a generation before it had been sufficient even at great banquets to send round Greek wine once ; in the cellar of the orator Hortensius there was found a stock of
10,000 jars (at 33 quarts) of foreign wine. It was no wonder that the Italian wine-growers began to complain of the competition of the wines from the Greek islands. No naturalist could ransack land and sea more zealously for new animals and plants, than the epicures of that day ransacked them for new culinary dainties. 1 The circum-
1 We have still (Macrobius, 111, 13) the bill of fare of the banquet which Mucius Lentulus Niger gave before 691 on entering on his pontin- 03. cate, and of which the pontifices — Caesar included — the Vestal Virgins,
and some other priests and ladies nearly related to them partook. Before
the dinner proper came sea-hedgehogs ; fresh oysters as many as the guests wished; large mussels; sphondyli ; fieldfares with asi*ragub ,
Debt.
stance of the guest taking an emetic after a banquet, to avoid the consequences of the varied fare set before him, no longer created surprise. Debauchery of every sort became so systematic and aggravated that it found its professors, who earned a livelihood by serving as instructors of the youth of quality in the theory and practice of vice.
It will not be necessary to dwell longer on this confused picture, so monotonous in its variety ; and the less so, that the Romans were far from original in this respect, and con fined themselves to exhibiting a copy of the Helleno-Asiatic luxury still more exaggerated and stupid than their model. Plutos naturally devours his children as well as Kronos ; the competition for all these mostly worthless objects of fashionable longing so forced up prices, than those who swam with the stream found the most colossal estate melt away in a short time, and even those, who only for credit's sake joined in what was most necessary, saw their inherited and firmly- established wealth rapidly undermined. The canvass for the consulship, for instance, was the usual highway to ruin for houses of distinction ; and nearly the same description applies to the games, the great buildings, and all those other pleasant, doubtless, but expensive
388
THE OLD REPUBLIC AND book v
The princely wealth of that period is only surpassed by its still more princely liabilities ; Caesar owed
62. about 692, after deducting his assets, 25,000,000 sesterces
fattened fowls ; oyster and mussel pasties ; black and white sea-acorns ; sphondyli again ; glycimarides ; sea-nettles ; becaficoes ; roc-ribs ; boar's- ribs ; fowls dressed with flour ; becaficoes ; purple shell-fish of two sorts. The dinner itself consisted of sow's udder ; boar's - head ; fish-pasties ; boar-pasties ; ducks ; boiled teals ; hares ; roasted fowls ; starch-pastry ; Pontic pastry.
These are the college-banquets regarding which Varro (De R. R. iii. a, 16) says that they forced up the prices of all delicacies. Varro in one of his satires enumerates the following as the most notable foreign delicacies : peacocks from Samos ; grouse from Phrygia ; cranes from Melos ; kids from Ambracia ; tunny fishes from Chalcedon ; muraenas from the Straits of Gades ; bleak-fishes (? atelli) from Pessinus ; oysters and scallops fror Tarentum ; sturgeons (? ) from Rhodes ; scarus-fishes from Cilicii nuts from Thasos dates from Egypt acorns from Spain.
pursuits.
;
;
(? )
;
chap, XI THE NEW MONARCHY
389
Marcus Antonius, at the age of twenty-four 6,000,000 sesterces (,£60,000), fourteen years afterwards 40,000,000 (,£400,000); Curio owed 60,000,000 (£600,000); Milo 70,000,000 (,£700,000). That those extravagant habits of the Roman world of quality rested throughout on credit, is shown by the fact that the monthly interest in Rome was once suddenly raised from four to eight per cent, through the borrowing of the different competitors for the consulship. Insolvency, instead of leading in due time to a meeting of creditors or at any rate to a liquidation which might at least place matters once more on a clear footing, was ordinarily prolonged by the debtor as much as possible ; instead of selling his property and especially his landed estates, he continued to borrow and to present the semblance of riches, till the crash only became the worse and the winding-up yielded a result like that of Milo, in which the creditors obtained some what above four per cent of the sums for which they ranked. Amidst this startlingly rapid transition from riches to bankruptcy and this systematic swindling, nobody of course gained so much as the cool banker, who knew how to give and refuse credit. The relations of debtor and creditor thus returned almost to the same point at which they had stood in the worst times of the social crises of the fifth century ; the nominal landowners held virtually by sufferance of their creditors ; the debtors were either in servile subjection to their creditors, so that the humbler of them appeared like freedmen in the creditor's train and those of higher rank spoke and voted even in the senate at the nod of their creditor-lord ; or they were on the point of declaring war on property itself, and either of intimidating their creditors by threats or getting rid of them by con spiracy and civil war. On these relations was based the power of Crassus ; out of them arose the insurrections — whose motto was " a clear sheet "—of China (iii. 530, iv. 74)
(,£250,000);
Im-
m0 ty"
and still more definitely of Catilina, of Coelius, of Dolabella entirely resembling the battles between those who had and those who had not, which a century before agitated the Hellenic world 495). That amidst so rotten an economic condition every financial or political crisis should occasion the most dreadful confusion, was to be expected from the nature of the case we need hardly mention that the usual phenomena — the disappearance of capital, the sudden depreciation of landed estates, innumerable bank ruptcies, and an almost universal insolvency—made their appearance now during the civil war, just as they had done during the Social and Mithradatic wars (iv. 176).