Introductory remarks on the Geography of Ancient Italy.
General outline of Italy.
Italy constitutes a peninsula, bounded on the north by the Alps, on the west and south by the Mediterranean, and on the east by the Adriatic sea. Its greatest length from north to south is 600 geogr. miles; its greatest breadth, taken at the foot of the Alps, is 320 geogr. miles; but that of the peninsula, properly so called, is not more than 120 geogr. miles. Superficial contents, 81,920 sq. geogr. miles. The principal mountain range is that of the Apennines, which, diverging occasionally to the west, or east, stretch from north to south through Central and Lower Italy. In the earlier times of Rome, these mountains were covered with thick forests. Main streams: the Padus (Po) and the Athesis, (Adige,) both of which discharge their waters in the Adriatic; and the Tiberis, (Tiber,) which falls into the Mediterranean. The soil, particularly in the plains, is one of the most fertile in Europe; on the other hand, many of the mountain tracts admit but of little cultivation. In that period when the Mediterranean was the grand theatre of trade, Italy, by her situation, seemed destined to become the principal mart of Europe; but shenever in ancient times availed herself sufficiently of this advantage.
Divisions of Italy.
It is divided intoUpperItaly, from the Alps to the small rivers of Rubicon and Macra; (this part, however, of Italy, until presented with the right of citizenship under Cæsar, was, according to the Roman political geography, considered as a province;) intoCentralItaly, from the Rubicon and the Macra down to the Silarus and Frento; and intoLowerItaly from those rivers to the southern land's end.
I.Upper Italy comprises the two countries, Gallia Cisalpina and Liguria.
Cisalpine Gaul.
1. Gallia Cisalpina, or Togata, in contradistinction to Gallia Transalpina. It bears the name of Gallia, in consequence of being for the most part occupied by Gallic races. This country is one continuous plain, divided by the Padus into two parts, the northernmost of which is therefore denominated Gallia Transpadana, (inhabited by the Taurini, Insubres, and Cenomani,) while the southern part (inhabited by the Boii, Senones, and Lingones) is known by the name of Gallia Cispadana. Various streams contribute to swell the Padus; from the north the Duria, (Durance,) the Ticinus, (Tessino,) the Addua, (Adda,) the Ollius, (Oglio,) the Mintius, (Minzio,) and several less important rivers; from the south, the Tanarus, (Tanaro,) the Trebia, etc. The Athesis, (Adige,) the Plavis, (Piave,) and a number of smaller mountain streams, roll their waters directly into the Adriatic.
The cities in Gallia Cisalpina were, generally speaking, Roman colonies; and most of them have preserved to this day their ancient names. Among these are reckoned in Gallia Transpadana, principally, Tergeste, Aquileia, Patavium, (Padua,) Vincentia, Verona, all east of the Athesis; Mantua, Cremona, Brixia, (Brescia,) Mediolanum, (Milan,) Ticinum, (Pavia,) and Augusta Taurinorum, (Turin,) all west of the Athesis. In Gallia Cispadana we meet with Ravenna, Bononia, (Bologna,) Mutina, (Modena,) Parma, Placentia, (Piacenza). Several of the above places received municipal rights from the Romans.
Liguria.
2. Liguria. This country deduced its name from the Ligures, one of the old Italic tribes: it extended from the river Varus, by which it was divided from Gallia Transalpina, down to the river Macra; northward it extended to the Padus, and comprised the modern territory of Genoa.—Cities: Genua, an extremely ancient place; Nicæa, (Nice,) a colony of Massilia; and Asta, (Asti.)
II.Central Italy comprises six countries; Etruria, Latium, and Campania on the west; Umbria, Picenum, and Samnium on the east.
Etruria.
1. Etruria, Tuscia, or Tyrrhenia, was bounded north by the Macra, which divided it from Liguria; south and east by the Tiberis, which separated it from Latium and Umbria. Main river, the Arnus, (Arno). It is for the most part a mountainous country; the seashore only is level. This country derives its name from the Etrusci,a very ancient people, composed, it is probable, of an amalgamation of several races, and even some early Grecian colonies, to which latter they were indebted, not indeed for all their arts, but for that of writing; to commerce and navigation the Etrusci were indebted for their opulence and consequent splendour. Cities: between the Macra and Arnus, Pisæ, (Pisa,) Florentia, Fæsulæ; between the Arnus and Tiberis, Volaterræ, (Volterra,) Volsinii, (Bolsena,) on the Lacus Volsiniensis, (Lago di Bolsena,) Clusium, (Chiusi,) Arretium, (Arrezzo,) Cortona, Perusia, (Perugia,) in the neighbourhood of which is the Lacus Thrasimenus, (Lago di Perugia,) Falerii, (Falari,) and the wealthy city of Veii. Each of the above twelve cities had its own individual ruler,lucumo; although frequent associations were formed among them, yet no firm and lasting bond seems to have united the nation into one.
Latium.
2. Latium, properly the residence of the Latini, from the Tiberis north, to the promontory of Circeii, south; hence that country was likewise denominated Latium Vetus. Subsequently, under the name of Latium was likewise reckoned the country from Circeii, down to the river Liris, (Latium Novum;) so that the boundaries came to be, north, the Tiberis, south, the Liris: the seat of the Latins, properly speaking, was in the fruitful plain extending from the Tiber to Circeii; around them, however, dwelt various small tribes, some eastward, in the Apennines, such as the Hernici, Sabini, Æqui, and Marsi; others southward, such as the Volsci, Rutuli, and Aurunci.—Rivers: the Anio (Teverone) and Allia, whichfall into the Tiber, and the Liris, (Garigliano,) which empties itself into the Mediterranean. Cities in Latium Vetus: Rome, Tibur, Tusculum, Alba Longa, Ostia, Lavinium, Antium, Gabii, Velitræ, the capital of the Volsci, and several smaller places. In Latium Novum: Fundi, Terracina, or Anxur, Arpinum, Minturnæ, Formiæ.
Campania.
3. Campania. The country lying between the Liris, north, and the Silarus, south. One of the most fruitful plains in the world, but at the same time greatly exposed to volcanic eruptions. Rivers: the Liris, the Vulturnus, (Voltorno,) the Silarus, (Selo). Mountain: Vesuvius. Campania derived its name from the race of the Campani. Cities: Capua the principal one; and also Linternum, Cumæ, Neapolis, Herculaneum, Pompeii, Stabiæ, Nola, Surrentum, Salernum, etc.
The three eastern countries of Central Italy are as follows:
Umbria.
1. Umbria. It is bounded, north, by the river Rubico, south, by the river Æsis, (Gesano,) dividing it from Picenum, and by the Nar, (Nera,) dividing it from the Sabine territory. It is for the most part plain. The Umbrian race had in early times spread over a much larger portion of Italy. Cities: Ariminium, (Rimini,) Spoletium, (Spoleto,) Narnia, (Narni,) and Ocriculum, (Otriculi.)
Picenum.
2. Picenum. Bounded, north, by the Æsis, south, by the Atarnus, (Pescara.) The people are called Picentes. This country consists in a fertile plain. Cities: Ancona and Asculum Picenum, (Ascoli.)
Samnium.
3. Samnium, the name of a mountain tract extending from the Atarnus, north, to the Frento, south; although that country reckoned among its inhabitants, not only the rude and powerful Samnites, but also several less numerous races; for instance, the Marrucini and Peligni in the north, the Frentani in the east, and the Hirpini in the south. Rivers: the Sagrus and the Tifernus. Cities: Allifæ, Beneventum, and Caudium.
III.Lower Italy, or Magna Grecia, comprised four countries; Lucania and Bruttium on the western side, Apulia and Calabria on the eastern.
Lucania.
1. Lucania. Boundaries: north, the Silarus, south, the Laus. For the most part a mountain tract. It derived its name from the race of the Lucani, a branch of the Ausones, or chief nation of Lower Italy. Cities: Pæstum, or Posidonia, still renowned for its ruins, and Helia, or Velia.
Bruttium.
2. Bruttium, (the modern Calabria,) or the western tongue of land from the river Laus to the southern land's end at Rhegium. The river Brandanus constitutes the eastern frontier. A mountainous country, deriving its name from the Bruttii, (a half savage branch of the Ausones,) who dwelt in the mountains, while the seashores were occupied by Grecian settlements. Cities: Consentia, (Cosenza,) Pandosia, Mamertum, and Petilia. (Concerning the Greek colonies see above p. 155.)
Apulia.
3. Apulia. The country ranging along the eastern coast, from the river Frento to the commencement of the eastern tongue of land; an extremely fertile plain, and particularly adapted to grazing cattle. Rivers: the Aufidus (Ofanto) and the Cerbalus. This country is divided into two parts by the Aufidus, the northern called Apulia Daunia, the southern called Apulia Peucetia. Cities: in Apulia Daunia; Sipontum and Luceria: in Apulia Peucetia; Barium, Cannæ, and Venusia.
Calabria.
4. Calabria or Messapia, the smaller eastern tongue of land, which terminates in the promontory of Iapygium. Cities: Brundusium (Brindisi) and Callipolis (Gallipoli). Concerning Tarentum and other Grecian colonies, see above, p. 155.
Three large islands are likewise reckoned as appertaining to Italy: they are Sicily, Sardinia, and Corsica. According to the political geography of the Romans they were, however, considered as provinces. Although the above islands were, along the coast, occupied by aliens, the aboriginals, under their own kings, maintained a footing in the inland parts; among these the Siculi, said to have migrated from Italy, were the most celebrated; they remained in Sicily, and gave their name to the whole island. Concerning the cities, the more important of which were, some of Phœnician, but the most part of Grecian, origin, see above, p. 30, and p. 155, sqq.
From the foundation of Rome to the conquest of Italy and the commencement of the wars with Carthage, B. C. 754—264, or A. U. C. 1—490.
Sources.The most copious author, and, if we except his system of deducing everything connected with Rome from Greece, the most critical of all those who have written on the earlier history of Rome and Italy, is Dionysius Halicarnassensis, in hisArchæologia: of this work only the first eleven books, reaching down to the year 443, have been preserved; to these, however, must be added the fragments of the nine following books, xii—xx. discovered in 1816, and published by the Abbate Mai of Milan. Next to Dionysius is Livy, who as far as lib. iv, c. 18, is our main authority, till B. C. 292. Of the Lives of Plutarch the following belong to this period, Romulus, Numa, Coriolanus, Poplicola and Camillus; which for the knowledge and criticism they display, are perhaps more important even than Livy and Dionysius, seeA. H. L. Heeren,De fontibus et auctoritate vitarum Plutarchi, inserted inComment Recentiores Soc. Scient. Gott. Comment. I. II. Græci, III. IV. Romani; reprinted also as an appendix to the editions of Plutarch by Reiske and Hutten,Gottingen, 1821,ap. Dieterich. The sources of the most ancient Roman history were extremely various in kind. The traditions of the Fathers were preserved in historical ballads; (no mention is ever made of any grand epic poem;) and in this sense there existed a bardic history; by no means, however, wholly poetic, for even the traditions of Numa's Institutes are without the characteristics of poetry. The art of writing was in Italy of earlier origin than the city of Rome; how far, consequently, the public annals, such as theLibri Pontificum, extended back in early time remains undetermined. Several of the memorials are, beyond a doubt, mere family records, whether preserved by vocal tradition or in written documents. To the above must be added monuments, not only buildings and works of arts, but also treaties engraved on tables; of which, nevertheless, too little use seems to have been made. The Romans having learnt the art of writing from the Greeks, their history was asfrequently written in Greek as in Latin; and that not only by Greeks, such as, in the first place, Diocles of Peparethus, but likewise by Romans, such as Fabius Pictor, at an early period. From these last sources Dionysius and Livy compiled. The more ancient Roman history given by these authorities rests, therefore, in part, but by no means entirely, on tradition and poetry; still further amplified by the rhetoric style, that of the Greeks more especially. At what epoch the Roman history lays aside the poetic character can hardly be determined with certainty; it may be traced even in some parts of the period extending from the expulsion of the kings to the conquest by the Gauls.—For the purposes of chronology, great importance attaches to thefasti Romani, contained partly in inscriptions, (fasti Capitolini,) partly in manuscripts. They have been collected and restored by Pighius, Noris Sigonius, etc. inGrævii,Thes. A. R.vol. xi.; likewise inAlmeloveen,Fast. Rom.I. II. Amstel. 1705, etc.PighiiAnnales Romanorum. Antwerp, 1615, fol. 2 vols. An essay towards a chronological arrangement; it reaches down to Vitellius.The Roman history has been copiously treated of by the moderns in many works besides those on universal ancient history before enumerated, (p. 2.). We shall mention only the more important.Rollin,Histoire Romaine, Depuis la foundation de Rome jusqu' à la bataille d'Actium. 13 vols. 8vo. Paris, 1823, édit. revue par Letronne. This history, which extends to B. C. 89, has been continued and terminated byCrevier. Although the critical historian might suggest much that is wanting in this work, it nevertheless contributed to advance the study.Ed. Ferguson,The History of the Progress and Termination of the Roman Republic. London, 1783, 4to. On the whole, the best work on the history of the Roman republic; it has superceded the earlier work ofGoldsmith.P. Ch. Levesque,Histoire de la République Romaine, 3 vols. Paris, 1807. He who would still wish to admire with blind enthusiasm the glory of ancient Rome, had better not read this work.B. G. Niebuhr,Roman History.Rather criticism than history; the author seems to be perpetually endeavouring to overthrow all that has hitherto been admitted. The spirit of acuteness is not always that of truth; and men do not so lightly assent to the existence of a constitution which not only is contrary to the broad view of antiquity—inferences drawn from some insulated passages not being sufficient to overturn what is corroborated by all the others—but likewise, according to the author's own avowal, stands opposed to all analogy in history. But truth gains even where criticism is wrong; and the value of some deep researches will not for that reason be overlooked.—Consult on this subject:†W. Wachsmuth,Researches into the more Ancient History of Rome. Halle, 1819.C. F. Th. Lachmann,Commentatio de fontibus T. Livii in prima Historiarum Decade. Gottingæ, 1821. A prize essay.For the works upon the Roman constitution see below, at the end of this and at the beginning of the third period.Abundance of most important writings upon Roman antiquities will be found in the great collections:GræviiThesaurus Antiquitatum Romanarum. Lugd. Batav. 1694, sq. 12 vols. fol. and likewise inSalengre,Thesaurus Antiquitatum Romanarum. Venet. 1732, 3 vols. fol.Many excellent papers, particularly inMémoires de l'Académie des Inscriptions.With the exception ofNardini,Roma Vetus, inserted inGræviiThes. A. R.t. iv. the best work on the topography of ancient Rome isVenuti,Descrizione Topografica delle Antichità di Roma. P. I. II. Roma, 1763; and especially the new edition of that work byVisconti, 1803. There is also:†S. H. L. Adler,Description of the city of Rome. Altona, 1781, 4to.The best representation of the monuments of ancient Rome will be found inPiranesi,Antichità di Roma, 3 vols. fol.
Sources.The most copious author, and, if we except his system of deducing everything connected with Rome from Greece, the most critical of all those who have written on the earlier history of Rome and Italy, is Dionysius Halicarnassensis, in hisArchæologia: of this work only the first eleven books, reaching down to the year 443, have been preserved; to these, however, must be added the fragments of the nine following books, xii—xx. discovered in 1816, and published by the Abbate Mai of Milan. Next to Dionysius is Livy, who as far as lib. iv, c. 18, is our main authority, till B. C. 292. Of the Lives of Plutarch the following belong to this period, Romulus, Numa, Coriolanus, Poplicola and Camillus; which for the knowledge and criticism they display, are perhaps more important even than Livy and Dionysius, seeA. H. L. Heeren,De fontibus et auctoritate vitarum Plutarchi, inserted inComment Recentiores Soc. Scient. Gott. Comment. I. II. Græci, III. IV. Romani; reprinted also as an appendix to the editions of Plutarch by Reiske and Hutten,Gottingen, 1821,ap. Dieterich. The sources of the most ancient Roman history were extremely various in kind. The traditions of the Fathers were preserved in historical ballads; (no mention is ever made of any grand epic poem;) and in this sense there existed a bardic history; by no means, however, wholly poetic, for even the traditions of Numa's Institutes are without the characteristics of poetry. The art of writing was in Italy of earlier origin than the city of Rome; how far, consequently, the public annals, such as theLibri Pontificum, extended back in early time remains undetermined. Several of the memorials are, beyond a doubt, mere family records, whether preserved by vocal tradition or in written documents. To the above must be added monuments, not only buildings and works of arts, but also treaties engraved on tables; of which, nevertheless, too little use seems to have been made. The Romans having learnt the art of writing from the Greeks, their history was asfrequently written in Greek as in Latin; and that not only by Greeks, such as, in the first place, Diocles of Peparethus, but likewise by Romans, such as Fabius Pictor, at an early period. From these last sources Dionysius and Livy compiled. The more ancient Roman history given by these authorities rests, therefore, in part, but by no means entirely, on tradition and poetry; still further amplified by the rhetoric style, that of the Greeks more especially. At what epoch the Roman history lays aside the poetic character can hardly be determined with certainty; it may be traced even in some parts of the period extending from the expulsion of the kings to the conquest by the Gauls.—For the purposes of chronology, great importance attaches to thefasti Romani, contained partly in inscriptions, (fasti Capitolini,) partly in manuscripts. They have been collected and restored by Pighius, Noris Sigonius, etc. inGrævii,Thes. A. R.vol. xi.; likewise inAlmeloveen,Fast. Rom.I. II. Amstel. 1705, etc.
PighiiAnnales Romanorum. Antwerp, 1615, fol. 2 vols. An essay towards a chronological arrangement; it reaches down to Vitellius.
The Roman history has been copiously treated of by the moderns in many works besides those on universal ancient history before enumerated, (p. 2.). We shall mention only the more important.
Rollin,Histoire Romaine, Depuis la foundation de Rome jusqu' à la bataille d'Actium. 13 vols. 8vo. Paris, 1823, édit. revue par Letronne. This history, which extends to B. C. 89, has been continued and terminated byCrevier. Although the critical historian might suggest much that is wanting in this work, it nevertheless contributed to advance the study.
Ed. Ferguson,The History of the Progress and Termination of the Roman Republic. London, 1783, 4to. On the whole, the best work on the history of the Roman republic; it has superceded the earlier work ofGoldsmith.
P. Ch. Levesque,Histoire de la République Romaine, 3 vols. Paris, 1807. He who would still wish to admire with blind enthusiasm the glory of ancient Rome, had better not read this work.
B. G. Niebuhr,Roman History.
Rather criticism than history; the author seems to be perpetually endeavouring to overthrow all that has hitherto been admitted. The spirit of acuteness is not always that of truth; and men do not so lightly assent to the existence of a constitution which not only is contrary to the broad view of antiquity—inferences drawn from some insulated passages not being sufficient to overturn what is corroborated by all the others—but likewise, according to the author's own avowal, stands opposed to all analogy in history. But truth gains even where criticism is wrong; and the value of some deep researches will not for that reason be overlooked.—Consult on this subject:
†W. Wachsmuth,Researches into the more Ancient History of Rome. Halle, 1819.
C. F. Th. Lachmann,Commentatio de fontibus T. Livii in prima Historiarum Decade. Gottingæ, 1821. A prize essay.
For the works upon the Roman constitution see below, at the end of this and at the beginning of the third period.
Abundance of most important writings upon Roman antiquities will be found in the great collections:
GræviiThesaurus Antiquitatum Romanarum. Lugd. Batav. 1694, sq. 12 vols. fol. and likewise in
Salengre,Thesaurus Antiquitatum Romanarum. Venet. 1732, 3 vols. fol.
Many excellent papers, particularly in
Mémoires de l'Académie des Inscriptions.
With the exception ofNardini,Roma Vetus, inserted inGræviiThes. A. R.t. iv. the best work on the topography of ancient Rome is
Venuti,Descrizione Topografica delle Antichità di Roma. P. I. II. Roma, 1763; and especially the new edition of that work byVisconti, 1803. There is also:
†S. H. L. Adler,Description of the city of Rome. Altona, 1781, 4to.
The best representation of the monuments of ancient Rome will be found in
Piranesi,Antichità di Roma, 3 vols. fol.
General characteristic of Roman history.
1. In certain respects, the history of Rome is always that of one town, inasmuch as until the period of the Cæsars, the city continued mistressof her extensive territory. The main parts of the internal constitution of Rome were formed during this first period; which, considered in an historical point of view, can hardly be said to be void of interest. Whether every fundamental institution had its origin precisely at the epoch to which it is attributed, is a question of little importance; it is sufficient to observe, that they certainly arose in this period; and that the steps by which the constitution was developed are, upon the whole, determined beyond the possibility of a doubt.
Romans of Latin origin.
2. Exaggerated and embellished as the most ancient traditions of the Romans respecting their origin may be, they all agree in this, that the Romans belonged to the race of the Latini, and that their city was a colony of the neighbouring Alba Longa. Long before this the custom seems to have obtained with the Latini, of extending the cultivation of their country by colonies.
The primitive history of Rome is as difficult to reduce to pure historic truth as that of Athens, or any other city of antiquity; this proceeds from its being principally founded on traditions, handled by poets and rhetoricians, and likewise differing from one another; as may be seen in Plutarch's Romulus. As the knowledge of those traditions, such as they are found in Dionysius and Livy, attaches to so many other subjects, it would be improper to pass them over in silence; and that they contained truths as well as poetic fictions is proved most evidently by the political institutions of which they narrate the origin, and which certainly reached back to those times. To attempt to draw a line of demarcation between mythical and historic times would be to mistake the real nature of mythology.L. de Beaufort,Sur l'incertitude des cinq premiers siècles de l'histoire Romaine, nouv. éd. à la Haye, 1750, 2 vols. 8vo. Every thing that can be said against the credibility of the primitive Roman history has been developed by Beaufort with abundant, and often with laboured, acuteness.
The primitive history of Rome is as difficult to reduce to pure historic truth as that of Athens, or any other city of antiquity; this proceeds from its being principally founded on traditions, handled by poets and rhetoricians, and likewise differing from one another; as may be seen in Plutarch's Romulus. As the knowledge of those traditions, such as they are found in Dionysius and Livy, attaches to so many other subjects, it would be improper to pass them over in silence; and that they contained truths as well as poetic fictions is proved most evidently by the political institutions of which they narrate the origin, and which certainly reached back to those times. To attempt to draw a line of demarcation between mythical and historic times would be to mistake the real nature of mythology.
L. de Beaufort,Sur l'incertitude des cinq premiers siècles de l'histoire Romaine, nouv. éd. à la Haye, 1750, 2 vols. 8vo. Every thing that can be said against the credibility of the primitive Roman history has been developed by Beaufort with abundant, and often with laboured, acuteness.
Kings of Rome.
3. During the first two hundred and forty-five years subsequent to its foundation this city was under the rule of governors, denominated kings; these, however, were not hereditary, still less were they invested with unlimited power, although they exerted themselves to become both perpetual and absolute. On the contrary, in this period was framed a municipal constitution, demonstrative of the existence, even at this early date, of a considerable degree of political civilization; in its principal parts this constitution was, no doubt,—as in every colony,—copied from that of the mother city. Its principal features were:a.Establishment and internal organization of the senate.b.Establishment and progress of the patrician or hereditary nobility, which, supported by the privilege of administering the sacred affairs, and by the introduction of family names, quickly formed, in opposition to the plebeians, a political party ever growing in power, although not, therefore, a mere sacerdotal caste.c.Organization of the people (populus), and modes of popular assembly (comitia), founded thereupon; besides the original division according to heads intotribusandcuriæ, another was subsequently introduced according to property intoclassesandcenturiæ, out of which, besides the more ancientcomitia curiata, arose the very artificially constructedcomitia centuriata.d.Religious institutions, (religiones,) which being most closely connected with the political constitution, formed a state religion, by means of which everything in the state was attached to determined forms, and received a higher sanction. Nor must we omite.the relations in private life established by law, the clientship, marriage, and especially paternal authority. In consequence of those domestic relations, a spirit of subordination and discipline, from the earliest times, pervaded the people; and to that spirit the Romans were indebted for the glory to which they attained.
Destruction of Alba Longa.
4. Notwithstanding many little wars with their immediate neighbours the Sabines, Æqui, and Volsci, together with various cities of the Etrusci, and even with the Latins themselves, Rome added but little to her territory: nevertheless she took the first step towards her aggrandizement; from the time of the destruction of Alba Longa, she aimed at being the head of the collected cities of the Latins, and finally attained the object of her ambition.
Line of kings. Romulus, 754—717. First establishment of the colony; augmentation in the number of the citizens, produced by the establishment of an asylum, and an union with part of the Sabines. Numa Pompilius,d.679. By representing this prince as the founder of the religion of the Roman state, that religion received the high sanction of antiquity. Tullus Hostilius,d.640. The conquest and destruction of Alba lays the foundation of Roman supremacy in Latium. Ancus Martius,d.618. He extends the territory of Rome to the sea; the foundation of the port of Ostia proves that Rome already applied to navigation, the object of which was perhaps as yet rather piracy than trade. Tarquinius Priscus,d.578. A Grecian by descent. Under his conduct Rome was already able to enter the field against the confederate Etrusci. Servius Tullius,d.534. The most remarkable in the line of Roman kings. He placed Rome at the head of the confederacy of the Latins, which he confirmed bycommunia sacra. On his new division of the people according to property were raised the highly important institutions of thecensusandcomitia centuriata. The necessity of this measure is demonstrative of the great and increasing prosperity of the Roman citizens; there can be no doubt, however, that by its adoption the frame of the republic was already completed. Tarquinius Superbus, (the tyrant,)—509. This individual, having taken forcible possession of the throne as nephew to Priscus, endeavoured to confirm his power by a close connection with the Latins and Volsci; by this, as well as by his tyranny, he offended both the patrician and plebeian parties. His deposition, and the consequent reformation of the government, were however, properly speaking, brought about by the ambition of the patricians.Algarotti,Saggio sopra la durata de' regni de' rè di Roma. (Op. t. iii.) Chronological doubts. Can the raising of difficulties deserve the name of criticism?
Line of kings. Romulus, 754—717. First establishment of the colony; augmentation in the number of the citizens, produced by the establishment of an asylum, and an union with part of the Sabines. Numa Pompilius,d.679. By representing this prince as the founder of the religion of the Roman state, that religion received the high sanction of antiquity. Tullus Hostilius,d.640. The conquest and destruction of Alba lays the foundation of Roman supremacy in Latium. Ancus Martius,d.618. He extends the territory of Rome to the sea; the foundation of the port of Ostia proves that Rome already applied to navigation, the object of which was perhaps as yet rather piracy than trade. Tarquinius Priscus,d.578. A Grecian by descent. Under his conduct Rome was already able to enter the field against the confederate Etrusci. Servius Tullius,d.534. The most remarkable in the line of Roman kings. He placed Rome at the head of the confederacy of the Latins, which he confirmed bycommunia sacra. On his new division of the people according to property were raised the highly important institutions of thecensusandcomitia centuriata. The necessity of this measure is demonstrative of the great and increasing prosperity of the Roman citizens; there can be no doubt, however, that by its adoption the frame of the republic was already completed. Tarquinius Superbus, (the tyrant,)—509. This individual, having taken forcible possession of the throne as nephew to Priscus, endeavoured to confirm his power by a close connection with the Latins and Volsci; by this, as well as by his tyranny, he offended both the patrician and plebeian parties. His deposition, and the consequent reformation of the government, were however, properly speaking, brought about by the ambition of the patricians.
Algarotti,Saggio sopra la durata de' regni de' rè di Roma. (Op. t. iii.) Chronological doubts. Can the raising of difficulties deserve the name of criticism?
Consular government, B. C. 509.
5. The only direct consequence to the internal constitution of Rome, proceeding from the abolition of royalty was, that that power, undetermined as it had been while in the hands of the kings, was transferred to two consuls, annually elected. Meanwhile the struggle for liberty, in which the new republic was engaged with the Etrusci and Latins, contributed much to arouse the republican spirit which henceforward was the main feature of the Roman character—the evils of popular498.rule being in times of need remedied by the establishment of the dictatorship. The party, however, which had deposed the ruling family, took wholly into their own hands the helm of state; and the oppression of these aristocrats, shown principally towards their debtors, who had become their slaves, (nexi,)—notwithstanding507.thelex de provocationeestablished by Valerius Poplicola, ensuring to the people the highest judicial power—was so galling, that after the lapse of a few years it gave rise to a sedition of the commons, (plebis,) the consequence of which was the establishment of annually elected presidents of the people493.(tribuni plebis).
First commercial treaty with Carthage, 508, in which Rome appears certainly as a free state, but not yet as sovereign of all Latium; the most important monument of the authenticity of the earlier Roman history.Heyne,Fœdera Carthaginiensium cum Romanis super navigatione et mercatura facta: contained in his Opusc. t. iii. Cf. †A. H. L. Heeren,Ideas, etc. Appendix to the second vol.
First commercial treaty with Carthage, 508, in which Rome appears certainly as a free state, but not yet as sovereign of all Latium; the most important monument of the authenticity of the earlier Roman history.
Heyne,Fœdera Carthaginiensium cum Romanis super navigatione et mercatura facta: contained in his Opusc. t. iii. Cf. †A. H. L. Heeren,Ideas, etc. Appendix to the second vol.
Rise of the Roman constitution.
6. The further development of the Roman constitution in this period, hinges almost wholly on the struggle between the new presidents of the commons and the hereditary nobility; the tribunes, instead of confining themselves to defend the people from the oppression of the nobles, soon began to act as aggressors, and in a short time so widely overstepped their power, that there remained no chance of putting an end to the struggle but by a complete equalization of rights. A long time elapsed ere this took place; the aristocracy finding a very powerful support both in the clientship and in the religion of the state, operating under the shape of auspices.
Main facts of the contest: 1. In the trial of Coriolanus the tribunes usurp the right of summoning some patricians before the tribunal of the people.—Hence arise thecomitia tributa; that is to say, either mere assemblies of the commons, or assemblies so organized that the commons had the preponderance. This institution gave the tribunes a share in the legislation, subsequently of such high importance, those officers being allowed to lay proposals before the commons. 2. More equitable distribution among the poorer classes of the lands conquered from the neighbouring nations, (the most ancientleges agrariæ,) suggested by the ambitious attempts of Cassius, 486. 3. Extension of the prerogatives of thecomitia tributa, more especially in the election of the tribunes, brought about by Volero, 472. 4. Attempts at a legal limitation of the consular power by Terentillus, (lex Terentilla,) 460, which, after a long struggle, at last leads to the idea of one common written code, 452, which is likewiserealized in spite of the opposition at first made by the patricians.†Chr. F. Schulze,Struggle between the Democracy and Aristocracy of Rome, or History of the Romans from the Expulsion of Tarquin to the Election of the first Plebeian Consul. Altenburgh, 1802, 8vo. A most satisfactory development of this portion of Roman history.
Main facts of the contest: 1. In the trial of Coriolanus the tribunes usurp the right of summoning some patricians before the tribunal of the people.—Hence arise thecomitia tributa; that is to say, either mere assemblies of the commons, or assemblies so organized that the commons had the preponderance. This institution gave the tribunes a share in the legislation, subsequently of such high importance, those officers being allowed to lay proposals before the commons. 2. More equitable distribution among the poorer classes of the lands conquered from the neighbouring nations, (the most ancientleges agrariæ,) suggested by the ambitious attempts of Cassius, 486. 3. Extension of the prerogatives of thecomitia tributa, more especially in the election of the tribunes, brought about by Volero, 472. 4. Attempts at a legal limitation of the consular power by Terentillus, (lex Terentilla,) 460, which, after a long struggle, at last leads to the idea of one common written code, 452, which is likewiserealized in spite of the opposition at first made by the patricians.
†Chr. F. Schulze,Struggle between the Democracy and Aristocracy of Rome, or History of the Romans from the Expulsion of Tarquin to the Election of the first Plebeian Consul. Altenburgh, 1802, 8vo. A most satisfactory development of this portion of Roman history.
Code of the twelve tables.
7. The code of the twelve tables confirmed the ancient institutions, and was in part completed by the adoption of the laws of the Greek republics, among which Athens in particular is mentioned, whose counsels were requested by a special deputation. In this, however, two faults were committed; not only were the commissioners charged with drawing up the laws elected from the patriciansalone, but they were likewise constituted sole magistrates, withdictatorialpower, (sine provocatione;) whereby a path was opened to them for an usurpation, which could be frustrated only by a sedition of the people.
Duration of the power of the Decemviri, 451—447. The doubts raised as to the deputation sent to Athens are not sufficient to invalidate the authenticity of an event so circumstantially detailed. Athens, under Pericles, was then at the head of Greece; and, admitting the proposed design of consulting the Greek laws, it was impossible that Athens should have been passed over. And indeed, why should it be supposed, that a state which fifty years before had signed a commercial treaty with Carthage, and could not be unacquainted with the Grecian colonies in Lower Italy, might not have sent an embassy into Greece?The yet remaining fragments of the code of the twelve tables are collected and illustrated inBachiiHist. Jurisprudentiæ Romanæ; and in several other works.
Duration of the power of the Decemviri, 451—447. The doubts raised as to the deputation sent to Athens are not sufficient to invalidate the authenticity of an event so circumstantially detailed. Athens, under Pericles, was then at the head of Greece; and, admitting the proposed design of consulting the Greek laws, it was impossible that Athens should have been passed over. And indeed, why should it be supposed, that a state which fifty years before had signed a commercial treaty with Carthage, and could not be unacquainted with the Grecian colonies in Lower Italy, might not have sent an embassy into Greece?
The yet remaining fragments of the code of the twelve tables are collected and illustrated inBachiiHist. Jurisprudentiæ Romanæ; and in several other works.
Its enactments.
8. By the laws of the twelve tables the legal relations of the citizens were the same for all; but as that code seems to have contained very littlein reference to any peculiar constitution of the state, the government not only remained in the hands of the aristocrats, who were in possession of all offices, but the prohibition, according to the new laws of marriage between patricians and plebeians, appeared to have raised an insurmountable barrier between the two classes. No wonder, then, that the tribunes of the people should have immediately renewed their attacks on the patricians; particularly as the power of those popular leaders was not only renewed, but even augmented, as the only limit to their authority was the necessity of their being unanimous in their acts, while each had the right of a negative.
Besides the other laws made in favour of the people at the renewal of thetribunicia potestas, 446, that which importedut quod tributim plebes jussisset, populum teneret, frequently renewed in subsequent times, and meaning, in modern language, that the citizens constituted themselves, must, it would appear, have thrown the supreme power into the hands of the people; did not the Roman history, like that of other free states, afford examples enough of the little authority there is to infer from the enactment of a law that it will be practically enforced.
Besides the other laws made in favour of the people at the renewal of thetribunicia potestas, 446, that which importedut quod tributim plebes jussisset, populum teneret, frequently renewed in subsequent times, and meaning, in modern language, that the citizens constituted themselves, must, it would appear, have thrown the supreme power into the hands of the people; did not the Roman history, like that of other free states, afford examples enough of the little authority there is to infer from the enactment of a law that it will be practically enforced.
Dissensions between patricians and plebeians.
9. The main subjects of the new dissensions between patricians and plebeians, excited by the tribune Canuleius, were now theconnubia patrum cum plebe, and the exclusive participation of the patricians in the consulship, of which the tribunes demanded the abolition. The repeal of the former law was obtained as early as 445, (lex Canuleia;) the right of admission to the consulship was not extended to the Plebeians, till after a struggle annually renewed for eighty years; during which, when, as usually was the case, the tribunes forbade the military enrolment, recourse was had toa transfer of the consular power to the yearly elected commanders of the legions; a place to which plebeians were entitled to aspire, (tribuni militum consulari potestate.)—Establishment of theCensors.office ofCENSORS, designed at first for nothing more than to regulate the taking of the census, and invested with no higher authority than what that required, but who soon after, by assuming to themselves thecensura morum, took rank among the most important dignitaries of the state.
Petty wars.
10. Meanwhile Rome was engaged in wars, insignificant but almost uninterrupted, arising out of the oppression, either real or imaginary, which she exercised as head of the neighbouring federate cities, (socii,) comprising not only those of the Latins, but likewise, after the victory of lake Regillus, those of the other nations: the cities embraced every opportunity of asserting their independence, and the consequent struggles must have depopulated Rome, had not that evil been diverted by the maxim of increasing the complement of citizens by admitting the freedmen, and not unfrequently even the conquered, to the enjoyment of civic privileges. Little as these feuds, abstractedly considered, deserve our attention, they become of high interest, inasmuch as they were not only the means by which the nation was trained to war, but also led to the foundation of that senatorial power, whose important consequences will be exhibited hereafter.
Among these wars attention must be directed to the last, that against Veii, the richest city in Etruria; the siege of that place, which lasted very nearly ten years, 404—395, gave riseto the introduction among the Roman military of winter campaigning, and of pay; thus, on the one hand, the prosecution of wars more distant and protracted became possible, while on the other the consequences must have been the levy of higher taxes, (tributa).
Among these wars attention must be directed to the last, that against Veii, the richest city in Etruria; the siege of that place, which lasted very nearly ten years, 404—395, gave riseto the introduction among the Roman military of winter campaigning, and of pay; thus, on the one hand, the prosecution of wars more distant and protracted became possible, while on the other the consequences must have been the levy of higher taxes, (tributa).
Rome burnt by the Gauls.
11. Not long after, however, a tempest from the north had nearly destroyed Rome. The Sennonian Gauls, pressed out of northern Italy through Etruria, possessed themselves of the city, the capitol excepted, and reduced it to ashes; an event which made so deep an impression on the minds of the Romans, that few other occurrences in their history have been more frequently the object of traditional detail. Camillus, then the deliverer of Rome, and in every respect one of the chief heroes of that period, laid a double claim to the gratitude of his native city, by overruling, after his victory, the proposal of a general migration to Veii.
Feuds revived.
12. Scarcely was Rome rebuilt ere the ancient feuds revived, springing out of the poverty of the citizens, produced by an increase of taxation consequent on the establishment of military pay, and by the introduction of gross usury. The tribunes, Sextius and Licinius, by prolonging their term of office to five years, had established their power; while Licinius, by an agrarian law, decreeing that no individual should hold more than five hundredjugeraof the national lands, had ensured the popular favour; so that at last they succeeded inA consul chosen from the commons.obtaining, that one of the consuls should be chosen from the commons; and although the nobility, by the nomination of a prætor from their own body, and ofædiles curules, endeavoured to compensatefor the sacrifice they were obliged to make, yet the plebeians having once made good a claim to the consulship, their participation in the other magisterial offices, (the dictatorship, 353, the censorship, 348, the prætorship, 334,) and even the priesthood, (300,) quickly followed as a matter of course. Thus at Rome the object of political equality between commons and nobles was attained; and although the difference between the patrician and plebeian families still subsisted, they soon ceased to form political parties.
A second commercial treaty entered into with Carthage, 345, demonstrates that even at this time the navy of the Romans was anything but contemptible; although its principal object as yet was mere piracy. Roman squadrons of war however appear more than once within the next forty years.
A second commercial treaty entered into with Carthage, 345, demonstrates that even at this time the navy of the Romans was anything but contemptible; although its principal object as yet was mere piracy. Roman squadrons of war however appear more than once within the next forty years.
Samnite war.
13. Far more important than any wars in which Rome had hitherto been engaged, were those soon about to commence with the Samnites. In former contests the object of Rome had been to establish her supremacy over her immediate neighbours; but in these, during a protracted contest of fifty years, she opened a way to the subjugation of Italy, and laid the foundation of her future greatness.
Commencement of the wars against the Samnites, the Campanians having called the Romans to their assistance against that nation, 343. These wars, carried on with vigorous exertion and various success, lasted, with but short intermissions, till 290. This is the true heroic age of Rome, ennobled by the patriotic valour of Decius Mus, (father and son, both voluntary victims,) Papirius Cursor, Q. Fabius Maximus, etc. The consequences of this struggle were:a.The Romans learnt the art of mountain warfare, and thereby for the first time acquired a peculiar system of military tactics; not, however, till they had been, 321, obliged to pass under thefurcas Caudinas.b.Their relations weremore firmly established with their neighbours the Latins and Etrurians, by the complete conquest of the former, 340, and by repeated victories over the latter, more especially in 308.c.Great national federations having arisen in Italy, particularly during the last period of the Samnite wars, the Romans entered into connection with the more distant nations of the country; with the Lucanians and Apulians, by the first league, 323, with the Umbri, from the year 308; and although the nature of this connection frequently varied, the different nations were perpetually struggling for independence, and were consequently at enmity with Rome. In this period, moreover, commenced the practical illustration of the leading ideas of Rome upon the political relations in which she placed the conquered with regard to herself.
Commencement of the wars against the Samnites, the Campanians having called the Romans to their assistance against that nation, 343. These wars, carried on with vigorous exertion and various success, lasted, with but short intermissions, till 290. This is the true heroic age of Rome, ennobled by the patriotic valour of Decius Mus, (father and son, both voluntary victims,) Papirius Cursor, Q. Fabius Maximus, etc. The consequences of this struggle were:a.The Romans learnt the art of mountain warfare, and thereby for the first time acquired a peculiar system of military tactics; not, however, till they had been, 321, obliged to pass under thefurcas Caudinas.b.Their relations weremore firmly established with their neighbours the Latins and Etrurians, by the complete conquest of the former, 340, and by repeated victories over the latter, more especially in 308.c.Great national federations having arisen in Italy, particularly during the last period of the Samnite wars, the Romans entered into connection with the more distant nations of the country; with the Lucanians and Apulians, by the first league, 323, with the Umbri, from the year 308; and although the nature of this connection frequently varied, the different nations were perpetually struggling for independence, and were consequently at enmity with Rome. In this period, moreover, commenced the practical illustration of the leading ideas of Rome upon the political relations in which she placed the conquered with regard to herself.
War against the Tarentines, who are assisted by Pyrrhus.
14. After the subjection of the Samnites, Rome, wishing to confirm her dominion in Lower Italy, was thereby, for the first time, entangled in war with a foreign prince; the Tarentines, too feeble to maintain alone their footing against the Romans, called Pyrrhus of Epirus to their assistance. He came, indeed, but not so much to further the views of the Tarentines as to advance his own; but even in victory, he learnt by experience that the Macedonian tactics gave him but a slight preponderance, which the Romans soon transferred to their own side, exhibiting the truth of the principle, that a good civic militia, sooner or later, will always get the upper hand of mercenary troops.
The idea of calling upon Pyrrhus for assistance was the more natural, as the predecessor of that prince, Alexander I. (see above p. 275.) had endeavoured, but without success, to effect conquests in Lower Italy. In the first war with Pyrrhus, 280—278, two battles were fought, the first at Pandosia, 280, the other at Asculum, 279; in both of which Rome was unsuccessful. But Pyrrhus, after crossing over into Sicily, 278, (see above, p. 173, 174.) once more returned into Italy, 275, when he was defeated by the Romans at Beneventum, and compelled to evacuate Italy, leaving a garrison at Tarentum. That city, however, soon afterwards, 272, fell into the hands of the Romans, whose dominion was consequently extended to the extremity of Lower Italy.
The idea of calling upon Pyrrhus for assistance was the more natural, as the predecessor of that prince, Alexander I. (see above p. 275.) had endeavoured, but without success, to effect conquests in Lower Italy. In the first war with Pyrrhus, 280—278, two battles were fought, the first at Pandosia, 280, the other at Asculum, 279; in both of which Rome was unsuccessful. But Pyrrhus, after crossing over into Sicily, 278, (see above, p. 173, 174.) once more returned into Italy, 275, when he was defeated by the Romans at Beneventum, and compelled to evacuate Italy, leaving a garrison at Tarentum. That city, however, soon afterwards, 272, fell into the hands of the Romans, whose dominion was consequently extended to the extremity of Lower Italy.
Roman colonies.
15. The chief means to which, even from the earliest times, the Romans had recourse for the foundation of their dominion over the conquered, and at the same time for the prevention of the too great increase of the needy classes at Rome, was the establishment of colonies of their own citizens, which, being settled in the captured cities, served likewise as garrisons. Each colony had its own distinct internal constitution, modelled, for the most part, upon that of the mother city itself; hence to keep the colonies in perfect dependence naturally became an object of Roman policy. This colonial system of the Romans, necessarily and spontaneously arising out of the rude custom of bereaving the conquered of their lands and liberty, assumed its main features in the Samnite war, and gradually embraced the whole of Italy. Closely connected with this system was the construction of military highways, (viæ militares,) one of which, the Appian Way, was constructed so early as 312, and to this day remains a lasting monument of the greatness of Rome at that period.
Even at the time of Hannibal's invasion, the number of Roman colonies amounted to 53: but several which had been settled returned to the mother city.Heyne,De Romanorum prudentia in coloniis regendis: inserted inOpusc.vol. iii. Cf.Prolusiones de veterum coloniarum jure ejusque causis, in hisOpusc.vol. i.
Even at the time of Hannibal's invasion, the number of Roman colonies amounted to 53: but several which had been settled returned to the mother city.
Heyne,De Romanorum prudentia in coloniis regendis: inserted inOpusc.vol. iii. Cf.Prolusiones de veterum coloniarum jure ejusque causis, in hisOpusc.vol. i.
Relations between Rome and the Italian nations.
16. But the relations existing between Romeand the Italian nations were extremely various in kind. 1. A few cities and nations enjoyed the full privileges of Roman citizenship; in some instances, however, without the right of voting in thecomitia(municipia). 2. The privileges of the colonies (jus coloniarum) were of a more restricted nature; the colonists were indeed in possession of their own civic government, but had no further share whatever either in thecomitiaor magistracies of Rome. The other inhabitants of Italy were either federates (socii, fœdere juncti) or subjects (dedititii). The first (a) preserved their internal form of government; but on the other hand (b) were obliged to furnish tribute and auxiliary troops (tributis et armis juvare rempublicam). Their further relation with Rome depended upon the terms of the league. The most advantageous of these terms were 3. in favour of the Latins, although each of their cities had its own separate league (jus Latii;) as 4. the rest of the Italian nations had theirjus Italicum. On the other hand, 5. the subjects,dedititii, were deprived of their internal constitutions, and were governed by Roman magistrates, (præfecti,) annually renewed.
C. Sigonius,De antiquo jure civium Romanorum; and his treatiseDe antiquo jure Italiæ, inserted both in hisOperaand inGræviiThes. Ant. Rom.t. ii. contain the most learned researches on the details of these relations.
C. Sigonius,De antiquo jure civium Romanorum; and his treatiseDe antiquo jure Italiæ, inserted both in hisOperaand inGræviiThes. Ant. Rom.t. ii. contain the most learned researches on the details of these relations.
The Roman constitution a democracy.
17. The internal constitution of Rome itself, now completed, bore the character of a democracy, inasmuch as equality of rights existed both for nobles and commons. Yet this democracy was modified by expedients so various and wonderful—the rights of the people, of the senate, of the magistrates, fitted so nicely into each other, and were so firmly supported by the national religion, connecting every thing with determinate forms—that there was no reason, at that time, to fear the evils either of anarchy, or, what is much more astonishing when we consider the warlike character of the people, those of military despotism.
The rights of the people consisted in the legislative power, so far as fundamental national principles were concerned, and in the election of the magistrates. The distinction between thecomitia tributa(as independent of the senate) and thecomitia centuriata(as dependent on the senate) still existed as to form, but had lost all its importance, the difference between patricians and plebeians being now merely nominal, and the establishment of thetribus urbanæ, 303, excluding the too great influence of the people (forensis factio) upon thecomitia tributa. The rights of the senate consisted in administering and debating all transitory national affairs, whether foreign relations, (war and peace only excepted, in which the consent of the people was requisite,) financial concerns, or matters regarding domestic peace and security. But the manner in which the senate was supplied must have made it the first political body at that time in the world. The rights and rank of magistrates were founded on their greater or lesserauspicia, no public affair being entered upon exceptauspicato. Consequently he only who was in possession of the former could hold the highest civic and military power; (imperium civile et militare; suis auspiciis rem gerere;) as dictator, consul, prætor; such was not the case with those who had only the lesserauspicia. The union of civil and military power in the person of the same individual was not without its inconveniences, but military despotism was in some measure guarded against by the prohibition of any magistrate possessing military command within Rome itself. We must not dismiss this subject without observing, that as the Roman constitution arose merely out of practice, there never having been any completely written charter, we cannot expect that all the details should be clearly ascertained; to attempt, therefore, in default of such authority, to describe all the minutiæ would be the surest way to fall into error.Of the numerous works on the Roman constitution and on Roman antiquities, we shall mention:De Beaufort,La République Romaine, ou plan général de l'ancien gouvernement de Rome. La Haye, 1766, 2 vols. 4to. A most copious work, and one of the most solid in regard to the matters discussed; although it does not embrace the whole of the subject.Histoire critique du gouvernement Romain; Paris, 1765. Containing some acute observations.Du Gouvernement de la republique Romaine,parA. Ad. de Texier, 3 vols. 8vo. Hamburg, 1796. This contains many enquiries peculiar to the writer.Some learned researches respecting the principal points of the Roman constitution, asSigoniusandGruchiusde comitiis Romanorum,Zamociusde Senatu Romano, etc. will be found collected in the first two vols, ofGrævius,Antiq. Roman.For the popular assemblies of the Romans, an antiquarian essay by Chr. Ferd. Schulze, Gotha, 1815, chiefly according to Niebuhr, may be consulted.Among the numerous manuals of Roman antiquities,Nieuport,explicatio rituum Romanorum, ed. Gesner. Berol. 1743, promises at least as much as it performs. Of those which profess to treat of Roman antiquities in general, none have yet risen above mediocrity. Jurisprudence, however, has been much more successfully handled. We cite the two following excellent compendiums:Bachii,Historia Jurisprudentiæ Romanæ. Lips. 1754. 1796.†C. Hugo,Elements of the Roman Law; 7th edit. Berlin, 1820.
The rights of the people consisted in the legislative power, so far as fundamental national principles were concerned, and in the election of the magistrates. The distinction between thecomitia tributa(as independent of the senate) and thecomitia centuriata(as dependent on the senate) still existed as to form, but had lost all its importance, the difference between patricians and plebeians being now merely nominal, and the establishment of thetribus urbanæ, 303, excluding the too great influence of the people (forensis factio) upon thecomitia tributa. The rights of the senate consisted in administering and debating all transitory national affairs, whether foreign relations, (war and peace only excepted, in which the consent of the people was requisite,) financial concerns, or matters regarding domestic peace and security. But the manner in which the senate was supplied must have made it the first political body at that time in the world. The rights and rank of magistrates were founded on their greater or lesserauspicia, no public affair being entered upon exceptauspicato. Consequently he only who was in possession of the former could hold the highest civic and military power; (imperium civile et militare; suis auspiciis rem gerere;) as dictator, consul, prætor; such was not the case with those who had only the lesserauspicia. The union of civil and military power in the person of the same individual was not without its inconveniences, but military despotism was in some measure guarded against by the prohibition of any magistrate possessing military command within Rome itself. We must not dismiss this subject without observing, that as the Roman constitution arose merely out of practice, there never having been any completely written charter, we cannot expect that all the details should be clearly ascertained; to attempt, therefore, in default of such authority, to describe all the minutiæ would be the surest way to fall into error.
Of the numerous works on the Roman constitution and on Roman antiquities, we shall mention:
De Beaufort,La République Romaine, ou plan général de l'ancien gouvernement de Rome. La Haye, 1766, 2 vols. 4to. A most copious work, and one of the most solid in regard to the matters discussed; although it does not embrace the whole of the subject.
Histoire critique du gouvernement Romain; Paris, 1765. Containing some acute observations.
Du Gouvernement de la republique Romaine,parA. Ad. de Texier, 3 vols. 8vo. Hamburg, 1796. This contains many enquiries peculiar to the writer.
Some learned researches respecting the principal points of the Roman constitution, asSigoniusandGruchiusde comitiis Romanorum,Zamociusde Senatu Romano, etc. will be found collected in the first two vols, ofGrævius,Antiq. Roman.
For the popular assemblies of the Romans, an antiquarian essay by Chr. Ferd. Schulze, Gotha, 1815, chiefly according to Niebuhr, may be consulted.
Among the numerous manuals of Roman antiquities,Nieuport,explicatio rituum Romanorum, ed. Gesner. Berol. 1743, promises at least as much as it performs. Of those which profess to treat of Roman antiquities in general, none have yet risen above mediocrity. Jurisprudence, however, has been much more successfully handled. We cite the two following excellent compendiums:
Bachii,Historia Jurisprudentiæ Romanæ. Lips. 1754. 1796.
†C. Hugo,Elements of the Roman Law; 7th edit. Berlin, 1820.
From the commencement of the war with Carthage to the rise of the civil broils under the Gracchi, B. C. 264—134. Year of Rome, 490—620.