Chapter VIII

26. II. III. Powers of the Senate

27. IV. II. Death of Gracchus, IV. III. Attack on The Transmarine Colonization. Downfall of Gracchus, IV. VI. Saturninus Assailed

28. II. III. The Tribunate of the People As an Instrument of Government

1. IV. VIII. Occupation of Cilicia

2. III. IX. Armenia

3. IV. I. Western Asia

4. The words quoted as Phrygian —Bagaios— = Zeus and the old royal name —Manis— have been beyond doubt correctly referred to the Zend -bagha- = God and the Germanic -Mannus-, Indian -Manus- (Lassen, -Zeitschrift der deutschen morgenland-. Gesellschaft, vol. x. p. 329 f.).

5. They are here grouped together, because, though they were in part doubtless not executed till between the first and the second war with Rome, they to some extent preceded even the first (Memn. 30; Justin, xxxviii. 7 ap. fin.; App. Mithr. 13; Eutrop. v. 5) and a narrative in chronological order is in this case absolutely impracticable. Even the recently found decree of Chersonesus (p. 17) has given no information in this respect According to it Diophantus was twice sent against the Taurian Scythians; but that the second insurrection of these is connected with the decree of the Roman senate in favour of the Scythian princes (p. 21) is not clear from the document, and is not even probable.

6. It is very probable that the extraordinary drought, which is the chief obstacle now to agriculture in the Crimea and in these regions generally, has been greatly increased by the disappearance of the forests of central and southern Russia, which formerly to some extent protected the coast-provinces from the parching northeast wind.

7. The recently discovered decree of the town of Chersonesus in honour of this Diophantus (Dittenberger, Syll. n. 252) thoroughly confirms the traditional account. It shows us the city in the immediate vicinity—the port of Balaclava must at that time have been in the power of the Tauri and Simferopol in that of the Scythians—hard pressed partly by the Tauri on the south coast of the Crimea, partly and especially by the Scythians who held in their power the whole interior of the peninsula and the mainland adjoining; it shows us further how the general of king Mithradates relieves on all sides the Greek city, defeats the Tauri, and erects in their territory a stronghold (probably Eupatorion), restores the connection between the western and the eastern Hellenes of the peninsula, overpowers in the west the dynasty of Scilurus, and in the east Saumacus prince of the Scythians, pursues the Scythians even to the mainland, and at length conquers them with the Reuxinales—such is the name given to the later Roxolani here, where they first appear—in the great pitched battle, which is mentioned also in the traditional account. There does not seem to have been any formal subordination of the Greek city under the king; Mithradates appears only as protecting ally, who fights the battles against the Scythians that passed as invincible (—tous anupostatous dokountas eimen—), on behalf of the Greek city, which probably stood to him nearly in the relation of Massilia and Athens to Rome. The Scythians on the other band in the Crimea become subjects (—upakooi—) of Mithradates.

8. The chronology of the following events can only be determined approximately. Mithradates Eupator seems to have practically entered on the government somewhere about 640; Sulla's intervention took place in 662 (Liv. Ep. 70) with which accords the calculation assigning to the Mithradatic wars a period of thirty years (662-691) (Plin. H. N. vii. 26, 97). In the interval fell the quarrels as to the Paphlagonian and Cappadocian succession, with which the bribery attempted by Mithradates in Rome (Diod. 631) apparently in the first tribunate of Saturninus in 651 (IV. VI. Saturninus) was probably connected. Marius, who left Rome in 665 and did not remain long in the east, found Mithradates already in Cappadocia and negotiated with him regarding his aggressions (Cic. ad Brut. i. 5; Plut. Mar. 31); Ariarathes VI had consequently been by that time put to death.

9. IV. III. Character of the Constitution of Gaius Gracchus

10. A decree of the senate of the year 638 recently found in the village Aresti to the south of Synnada (Viereck, -Sermo Graecus quo senatus Romanus usus sit-, p. 51) confirms all the regulations made by the king up to his death and thus shows that Great Phrygia after the death of the father was not merely taken from the son, as Appian also states, but was thereby brought directly under Roman allegiance.

11. III. IX. Rupture between Antiochus and the Romans

12. Retribution came upon the authors of the arrest and surrender of Aquillius twenty-five years afterwards, when after Mithradates' death his son Pharnaces handed them over to the Romans.

13. IV. VII. Economic Crisis

14. We must recollect that after the outbreak of the Social War the legion had at least not more than half the number of men which it had previously, as it was no longer accompanied by Italian contingents.

15. The chronology of these events is, like all their details, enveloped in an obscurity which investigation is able to dispel, at most, only partially. That the battle of Chaeronea took place, if not on the same day as the storming of Athens (Pausan, i. 20), at any rate soon afterwards, perhaps in March 668, is tolerably certain. That the succeeding Thessalian and the second Boeotian campaign took up not merely the remainder of 668 but also the whole of 669, is in itself probable and is rendered still more so by the fact that Sulla's enterprises in Asia are not sufficient to fill more than a single campaign. Licinianus also appears to indicate that Sulla returned to Athens for the winter of 668-669 and there took in hand the work of investigation and punishment; after which he relates the battle of Orchomenus. The crossing of Sulla to Asia has accordingly been placed not in 669, but in 670.

16. The resolution of the citizens of Ephesus to this effect has recently been found (Waddington, Additions to Lebas, Inscr. iii. 136 a). They had, according to their own declaration, fallen into the power of Mithradates "the king of Cappadocia," being frightened by the magnitude of his forces and the suddenness of his attack; but, when opportunity offered, they declared war against him "for the rule (—egemonia—) of the Romans and the common weal."

17. The statement that Mithradates in the peace stipulated for impunity to the towns which had embraced his side (Memnon, 35) seems, looking to the character of the victor and of the vanquished, far from credible, and it is not given by Appian or by Licinianus. They neglected to draw up the treaty of peace in writing, and this neglect afterwards left room far various misrepresentations.

18. Armenian tradition also is acquainted with the first Mithradatic war. Ardasches king of Armenia—Moses of Chorene tells us—was not content with the second rank which rightfully belonged to him in the Persian (Parthian) empire, but compelled the Parthian king Arschagan to cede to him the supreme power, whereupon he had a palace built for himself in Persia and had coins struck there with his own image. He appointed Arschagan viceroy of Persia and his son Dicran (Tigranes) viceroy of Armenia, and gave his daughter Ardaschama in marriage to the great-prince of the Iberians Mihrdates (Mithradates) who was descended from Mihrdates satrap of Darius and governor appointed by Alexander over the conquered Iberians, and ruled in the northern mountains as well as over the Black Sea. Ardasches then took Croesus the king of the Lydians prisoner, subdued the mainland between the two great seas (Asia Minor), and crossed the sea with innumerable vessels to subjugate the west. As there was anarchy at that time in Rome, he nowhere encountered serious resistance, but his soldiers killed each other and Ardasches fell by the hands of his own troops. After Ardasches' death his successor Dicran marched against the army of the Greeks (i. e. the Romans) who now in turn invaded the Armenian land; he set a limit to their advance, handed over to his brother- in-law Mihrdates the administration of Madschag (Mazaca in Cappadocia) and of the interior along with a considerable force, and returned to Armenia. Many years afterwards there were still pointed out in the Armenian towns statues of Greek gods by well- known masters, trophies of this campaign.

We have no difficulty in recognizing here various facts of the first Mithradatic war, but the whole narrative is evidently confused, furnished with heterogeneous additions, and in particular transferred by patriotic falsification to Armenia. In just the same way the victory over Crassus is afterwards attributed to the Armenians. These Oriental accounts are to be received with all the greater caution, that they are by no means mere popular legends; on the contrary the accounts of Josephus, Eusebius, and other authorities current among the Christians of the fifth century have been amalgamated with the Armenian traditions, and the historical romances of the Greeks and beyond doubt the patriotic fancies also of Moses himself have been laid to a considerable extent under contribution. Bad as is cur Occidental tradition in itself, to call in the aid of Oriental tradition in this and similar cases—as has been attempted for instance by the uncritical Saint-Martin—can only lead to still further confusion.

19. III. X. Intervention in the Syro-Egyptian War

1. The whole of the representation that follows is based in substance on the recently discovered account of Licinianus, which communicates a number of facts previously unknown, and in particular enables us to perceive the sequence and connection of these events more clearly than was possible before.

2. IV. VII. The Bestowal of the Franchise and Its Limitations. That there was no confirmation by the comitia, is clear from Cic. Phil. xii. 11, 27. The senate seems to have made use of the form of simply prolonging the term of the Plautio- Papirian law (IV. VII. Bestowal of Latin Rights on the Italian Celts), a course which by use and wont (i. 409) was open to it and practically amounted to conferring the franchise on all Italians.

3. "-Ad flatus sidere-," as Livy (according to Obsequens, 56) expresses it, means "seized by the pestilence" (Petron. Sat. 2; Plin. H. N. ii. 41, 108; Liv. viii. 9, 12), not "struck by lightning," as later writers have misunderstood it.

4. IV. VII. Combats with the Marsians

5. IV. VII. Sulpicius Rufus

6. IV. VII. Bestowal of Latin Rights on the Italian Celts

7. IV. V. In Illyria

8. IV. VI. Discussions on the Livian Laws

9. IV. VII. Energetic Decrees

10. Lucius Valerius Flaccus, whom the Fasti name as consul in 668, was not the consul of 654, but a younger man of the same name, perhaps son of the preceding. For, first, the law which prohibited re-election to the consulship remained legally in full force from c. 603 (IV. II. Attempts at Reform) to 673, and it is not probable that what was done in the case of Scipio Aemilianus and Marius was done also for Flaccus. Secondly, there is no mention anywhere, when either Flaccus is named, of a double consulship, not even where it was necessary as in Cic. pro Flacc. 32, 77. Thirdly, the Lucius Valerius Flaccus who was active in Rome in 669 as -princeps senatus- and consequently of consular rank (Liv. 83), cannot have been the consul of 668, for the latter had already at that time departed for Asia and was probably already dead. The consul of 654, censor in 657, is the person whom Cicero (ad Att. viii. 3, 6) mentions among the consulars present in Rome in 667; he was in 669 beyond doubt the oldest of the old censors living and thus fitted to be -princeps senatus-; he was also the -interrex- and the -magister equitum- of 672. On the other hand, the consul of 668, who Perished at Nicomedia (p. 47), was the father of the Lucius Flaccus defended by Cicero (pro Flacc. 25, 61, comp. 23, 55. 32, 77).

11. IV. VI. The Equestrian Party

12. IV. VII. Sulla Embarks for Asia

13. We can only suppose this to be the Brutus referred to, since Marcus Brutus the father of the so-called Liberator was tribune of the people in 671, and therefore could not command in the field.

14. IV. IV. Prosecutions of the Democrats

15. It is stated, that Sulla occupied the defile by which alone Praeneste was accessible (App. i. 90); and the further events showed that the road to Rome was open to him as well as to the relieving army. Beyond doubt Sulla posted himself on the cross road which turns off from the Via Latina, along which the Samnites advanced, at Valmontone towards Palestrina; in this case Sulla communicated with the capital by the Praenestine, and the enemy by the Latin or Labican, road.

16. Hardly any other name can well be concealed under the corrupt reading in Liv. 89 -miam in Samnio-; comp. Strabo, v. 3, 10.

17. IV. IX. Pompeius

18. IV. VIII. New Difficulties

1. III. XI. Abolition of the Dictatorship

2. -Satius est uti regibus quam uti malis legibus- (Ad Herenn. ii. 36).

3. II. I. The Dictator, II. II. The Valerio-Horatian Laws, II. III. Limitation of the Dictatorship

4. IV. VII. Legislation of Sulla

5. This total number is given by Valerius Maximus, ix. 2. 1. According to Appian (B. C. i. 95), there were proscribed by Sulla nearly 40 senators, which number subsequently received some additions, and about 1600 equites; according to Florus (ii. 9, whence Augustine de Civ. Dei, iii. 28), 2000 senators and equites. According to Plutarch (Sull. 31), 520 names were placed on the list in the first three days; according to Orosius (v. 21), 580 names during the first days. there is no material contradiction between these various reports, for it was not senators and equites alone that were put to death, and the list remained open for months. When Appian, at another passage (i. 103), mentions as put to death or banished by Sulla, 15 consulars, 90 senators, 2600 equites, he there confounds, as the connection shows, the victims of the civil war throughout with the victims of Sulla. The 15 consulars were— Quintus Catulus, consul in 652; Marcus Antonius, 655; Publius Crassus, 657; Quintus Scaevola, 659; Lucius Domitius, 660; Lucius Caesar, 664; Quintus Rufus, 666; Lucius Cinna, 667-670; Gnaeus Octavius, 667; Lucius Merula, 667; Lucius Flaccus, 668; Gnaeus Carbo, 669, 670, 672; Gaius Norbanus, 671; Lucius Scipio, 671; Gaius Marius, 672; of whom fourteen were killed, and one, Lucius Scipio, was banished. When, on the other hand, the Livian account in Eutropius (v. 9) and Orosius (v. 22) specifies as swept away (-consumpti-) in the Social and Civil wars, 24 consulars, 7 praetorians, 60 aedilicians, 200 senators, the calculation includes partly the men who fell in the Italian war, such as the consulars Aulus Albinus, consul in 655; Titus Didius, 656; Publius Lupus, 664; Lucius Cato, 665; partly perhaps Quintus Metellus Numidicus (IV. VI. Violent Proceedings in The Voting), Manius Aquillius, Gaius Marius the father, Gnaeus Strabo, whom we may certainly regard as also victims of that period, or other men whose fate is unknown to us. Of the fourteen consulars killed, three—Rufus, Cinna, and Flaccus— fell through military revolts, while eight Sullan and three Marian consulars fell as victims to the opposite party. On a comparison of the figures given above, 50 senators and 1000 equites were regarded as victims of Marius, 40 senators and 1600 equites as victims of Sulla; this furnishes a standard—at least not altogether arbitrary—for estimating the extent of the crimes on both sides.

6. The Sextus Alfenus, frequently mentioned in Cicero's oration on behalf of Publius Quinctius, was one of these.

7. II. VII. Latins. To this was added the peculiar aggravation that, while in other instances the right of the Latins, like that of the -peregrini-, implied membership in a definite Latin or foreign community, in this case—just as with the later freedmen of Latin and deditician rights (comp. IV. VII. The Bestowal of the Franchise and Its Limitations. n.)—it was without any such right of urban membership. The consequence was, that these Latins were destitute of the privileges attaching to an urban constitution, and, strictly speaking, could not even make a testament, since no one could execute a testament otherwise than according to the law of his town; they could doubtless, however, acquire under Roman testaments, and among the living could hold dealings with each other and with Romans or Latins in the forms of Roman law.

8. IV. IV. The Domain Question under the Restoration

9. That Sulla's assessment of the five years' arrears and of the war expenses levied on the communities of Asia (Appian, Mithr. 62 et al.) formed a standard for the future, is shown by the facts, that the distribution of Asia into forty districts is referred to Sulla (Cassiodor. Chron. 670) and that the Sullan apportionment was assumed as a basis in the case of subsequent imposts (Cic. pro Flacc. 14, 32), and by the further circumstance, that on occasion of building a fleet in 672 the sums applied for that purpose were deducted from the payment of tribute (-ex pecunia vectigali populo Romano-: Cic. Verr. l. i. 35, 89). Lastly, Cicero (ad Q. fr. i. i, ii, 33) directly says, that the Greeks "were not in a position of themselves to pay the tax imposed on them by Sulla without -publicani-."

10. III. XI. Separation of the Orders in the Theatre

11. IV. III. Insignia of the Equites. Tradition has not indeed informed us by whom that law was issued, which rendered it necessary that the earlier privilege should be renewed by the Roscian theatre-law of 687 (Becker-Friedlander, iv, 531); but under the circumstances the author of that law was undoubtedly Sulla.

12. IV. VI. Livius Drusus

13. IV. VII. Rejection of the Proposals for an Accomodation

14. III. XI. The Nobility in Possession of the Senate

15. How many quaestors had been hitherto chosen annually, is not known. In 487 the number stood at eight—two urban, two military, and four naval, quaestors (II. VII. Quaestors of the Fleet, II. VII. Intermediate Fuctionaries); to which there fell to be added the quaestors employed in the provinces (III. III. Provincial Praetors). For the naval quaestors at Ostia, Cales, and so forth were by no means discontinued, and the military quaestors could not be employed elsewhere, since in that case the consul, when he appeared as commander-in-chief, would have been without a quaestor. Now, as down to Sulla's time there were nine provinces, and moreover two quaestors were sent to Sicily, he may possibly have found as many as eighteen quaestors in existence. But as the number of the supreme magistrates of this period was considerably less than that of their functions (p. 120), and the difficulty thus arising was constantly remedied by extension of the term of office and other expedients, and as generally the tendency of the Roman government was to limit as much as possible the number of magistrates, there may have been more quaestorial functions than quaestors, and it may be even that at this period no quaestor at all was sent to small provinces such as Cilicia. Certainly however there were, already before Sulla's time, more than eight quaestors.

16. III. XI. The Censorship A Prop of the Nobility

17. We cannot strictly speak at all of a fixed number of senators. Though the censors before Sulla prepared on each occasion a list of 300 persons, there always fell to be added to this list those non- senators who filled a curule office between the time when the list was drawn up and the preparation of the next one; and after Sulla there were as many senators as there were surviving quaestorians But it may be probably assumed that Sulla meant to bring the senate up to 500 or 600 members; and this number results, if we assume that 20 new members, at an average age of 30, were admitted annually, and we estimate the average duration of the senatorial dignity at from 25 to 30 years. At a numerously attended sitting of the senate in Cicero's time 417 members were present.

18. II. III. The Senate. Its Composition

19. IV. VI. Political Projects of Marius

20. III. XI. Interference of the Community in War and Administration

21. IV. VII. Legislation of Sulla

22. II. III. Restrictions As to the Accumulation and the Reoccupation of Offices

23. IV. II. Attempts at Reform

24. To this the words of Lepidus in Sallust (Hist. i. 41, 11 Dietsch) refer: -populus Romanus excitus… iure agitandi-, to which Tacitus (Ann. iii. 27) alludes: -statim turbidis Lepidi rogationibus neque multo post tribunis reddita licentia quoquo vellent populum agitandi-. That the tribunes did not altogether lose the right of discussing matters with the people is shown by Cic. De Leg. iii. 4, 10 and more clearly by the -plebiscitum de Thermensibus-, which however in the opening formula also designates itself as issued -de senatus sententia-. That the consuls on the other hand could under the Sullan arrangements submit proposals to the people without a previous resolution of the senate, is shown not only by the silence of the authorities, but also by the course of the revolutions of 667 and 676, whose leaders for this very reason were not tribunes but consuls. Accordingly we find at this period consular laws upon secondary questions of administration, such as the corn law of 681, for which at other times we should have certainly found -plebiscita-.

25. II. III. Influence of the Elections

26. IV. II. Vote by Ballot

27. For this hypothesis there is no other proof, except that the Italian Celt-land was as decidedly not a province—in the sense in which the word signifies a definite district administered by a governor annually changed—in the earlier times, as it certainly was one in the time of Caesar (comp. Licin. p. 39; -data erat et Sullae provincia Gallia Cisalpina-).

The case is much the same with the advancement of the frontier; we know that formerly the Aesis, and in Caesar's time the Rubico, separated the Celtic land from Italy, but we do not know when the boundary was shifted. From the circumstance indeed, that Marcus Terentius Varro Lucullus as propraetor undertook a regulation of the frontier in the district between the Aesis and Rubico (Orelli, Inscr. 570), it has been inferred that that must still have been provincial land at least in the year after Lucullus' praetorship 679, since the propraetor had nothing to do on Italian soil. But it was only within the -pomerium- that every prolonged -imperium- ceased of itself; in Italy, on the other hand, such a prolonged -imperium- was even under Sulla's arrangement—though not regularly existing—at any rate allowable, and the office held by Lucullus was in any case an extraordinary one. But we are able moreover to show when and how Lucullus held such an office in this quarter. He was already before the Sullan reorganization in 672 active as commanding officer in this very district (p, 87), and was probably, just like Pompeius, furnished by Sulla with propraetorian powers; in this character he must have regulated the boundary in question in 672 or 673 (comp. Appian, i. 95). No inference therefore may be drawn from this inscription as to the legal position of North Italy, and least of all for the time after Sulla's dictatorship. On the other hand a remarkable hint is contained in the statement, that Sulla advanced the Roman -pomerium- (Seneca, de brev. vitae, 14; Dio, xliii. 50); which distinction was by Roman state-law only accorded to one who had advanced the bounds not of the empire, but of the city—that is, the bounds of Italy (i. 128).

28. As two quaestors were sent to Sicily, and one to each of the other provinces, and as moreover the two urban quaestors, the two attached to the consuls in conducting war, and the four quaestors of the fleet continued to subsist, nineteen magistrates were annually required for this office. The department of the twentieth quaestor cannot be ascertained.

29. The Italian confederacy was much older (II. VII. Italy and The Italians); but it was a league of states, not, like the Sullan Italy, a state-domain marked off as an unit within the Roman empire.

30. II. III. Complete Opening Up of Magistracies and Priesthoods

31. II. III. Combination of The Plebian Aristocracy and The Farmers against The Nobility

32. III. XIII. Religious Economy

33. IV. X. Punishments Inflicted on Particular Communities

34. e. g. IV. IV. Dissatisfaction in the Capital, IV. V. Warfare of Prosecutions

35. IV. II. Vote by Ballot

36. IV. III. Modifications of the Penal Law

37. II. II. Intercession

38. IV. III. Modifications of the Penal Law

39. IV. VII. Rejection of the Proposals for an Accomodation

40. II. VII. Subject Communities

41. IV. X. Cisapline Gaul Erected into A Province

42. IV. VII. Preparations for General Revolt against Rome

43. III. XI. Roman Franchise More Difficult of Acquisition

44. IV. IX. Government of Cinna

45. IV. VII. Decay of Military Discipline

46. IV. VII. Economic Crisis

47. IV. VII. Strabo

48. IV. VIII. Flaccus Arrives in Asia

49. IV. IX. Death of Cinna

50. IV. IX. Nola

51. IV. IX. Fresh Difficulties with Mithradates

52. Euripides, Medea, 807:— —Meideis me phaulein kasthenei nomizeto Meid eisuchaian, alla thateron tropou Bareian echthrois kai philoisin eumenei—.

53. IV. IX. Fresh Difficulties with Mithradates

54. IV. IX. Fresh Difficulties with Mithradates, IV. X. Re-establishment of Constitutional Order

55. Not -pthiriasis-, as another account states; for the simple reason that such a disease is entirely imaginary.

1. IV. V. Transalpine Relations of Rome, IV. V. The Romans Cross the Eastern Alps

2. IV. I. The Callaeci Conquered

3. IV. V. And Reach the Danube

4. -Exterae nationes in arbitratu dicione potestate amicitiave populi Romani- (lex repet. v. i), the official designation of the non-Italian subjects and clients as contrasted with the Italian "allies and kinsmen" (-socii nominisve Latini-).

5. III. XI. As to the Management of the Finances

6. III. XII. Mercantile Spirit

7. IV. III. Jury Courts, IV. III. Character of the Constitution of Gaius Gracchus

8. This tax-tenth, which the state levied from private landed property, is to be clearly distinguished from the proprietor's tenth, which it imposed on the domain-land. The former was let in Sicily, and was fixed once for all; the latter—especially that of the territory of Leontini—was let by the censors in Rome, and the proportion of produce payable and other conditions were regulated at their discretion (Cic. Verr. iii. 6, 13; v. 21, 53; de leg. agr. i. 2, 4; ii. 18, 48). Comp, my Staatsrecht, iii. 730.

9. The mode of proceeding was apparently as follows. The Roman government fixed in the first instance the kind and the amount of the tax. Thus in Asia, for instance, according to the arrangement of Sulla and Caesar the tenth sheaf was levied (Appian. B. C. v. 4); thus the Jews by Caesar's edict contributed every second year a fourth of the seed (Joseph, iv. 10, 6; comp. ii. 5); thus in Cilicia and Syria subsequently there was paid 5 per cent from estate (Appian. Syr. 50), and in Africa also an apparently similar tax was paid—in which case, we may add, the estate seems to have been valued according to certain presumptive indications, e. g. the size of the land occupied, the number of doorways, the number of head of children and slaves (-exactio capitum atque ostiorum-, Cicero, Ad Fam. iii. 8, 5, with reference to Cilicia; —phoros epi tei gei kai tois somasin—, Appian. Pun. 135, with reference to Africa). In accordance with this regulation the magistrates of each community under the superintendence of the Roman governor (Cic. ad Q. Fr. i. 1, 8; SC. de Asclep. 22, 23) settled who were liable to the tax, and what was to be paid by each tributary ( -imperata- —epikephalia—, Cic. ad Att. v. 16); if any one did not pay this in proper time, his tax-debt was sold just as in Rome, i. e. it was handed over to a contractor with an adjudication to collect it (-venditio tributorum-, Cic. Ad Fam. iii. 8, 5; —onas— -omnium venditas-, Cic. ad Att. v. 16). The produce of these taxes flowed into the coffers of the leading communities—the Jews, for instance, had to send their corn to Sidon—and from these coffers the fixed amount in money was then conveyed to Rome. These taxes also were consequently raised indirectly, and the intermediate agent either retained, according to circumstances, a part of the produce of the taxes for himself, or advanced it from his own substance; the distinction between this mode of raising and the other by means of the -publicani- lay merely in the circumstance, that in the former the public authorities of the contributors, in the latter Roman private contractors, constituted the intermediate agency.

10. IV. III. Jury Courts

11. III. VII. Administration of Spain

12. IV. X. Regulation of the Finances

13. For example, in Judaea the town of Joppa paid 26,075 -modii- of corn, the other Jews the tenth sheaf, to the native princes; to which fell to be added the temple-tribute and the Sidonian payment destined for the Romans. In Sicily too, in addition to the Roman tenth, a very considerable local taxation was raised from property.

14. IV. VI. The New Military Organization

15. IV. II. Vote by Ballot

16. III. VII. Liguria

17. IV. V. Province of Narbo

18. IV. V. In Illyria

19. IV. I. Province of Macedonia

20. III. XI. Italian Subjects, III. XII. Roman Wealth

21. IV. V. Taurisci

22. III. IV. Pressure of the War

23. IV. VII. Outbreak of the Mithradatic War

24. IV. IX. Preparations on Either Side

25. III. XII. The Management of Land and of Capital

26. IV. V. Conflicts with the Ligurians. With this may be connected the remark of the Roman agriculturist, Saserna, who lived after Cato and before Varro (ap. Colum. i. 1, 5), that the culture of the vine and olive was constantly moving farther to the north.—The decree of the senate as to the translation of the treatise of Mago (IV. II. The Italian Farmers) belongs also to this class of measures.

27. IV. II. Slavery and Its Consequences

28. IV. VIII. Thrace and Macedonia Occupied by the Pontic Armies.

29. IV. I. Destruction of Carthage, IV. I. Destruction of Corinth

30. IV. V. The Advance of the Romans Checked by the Policy of the Restoration

31. IV. IV. The Provinces

32. IV. VII. Economic Crisis

33. IV. VII. The Sulpician Laws

34. IV. VII. Legislation of Sulla

35. IV. IX. Government of Cinna

36. IV. VIII. Orders Issued from Ephesus for A General Massacre

37. IV. VIII. Thrace and Macedonia Occupied by the Pontic Armies.

38. IV. VI. Roman Intervention

39. III. XII. Roman Wealth

40. IV. V. Taurisci

41. III. VI. Pressure of the War

42. II. VIII. Silver Standard of Value

43. III. VI. Pressure of the War

44. III. I. Comparison between Carthage and Rome

45. IV. X. Proscription-Lists

46. III. III. Autonomy, III. VII. the State of Culture in Spain, III. XII. Coins and Moneys

47. III. XII. Coins and Moneys

48. III. XIII. Increase of Amusements

49. In the house, which Sulla inhabited when a young man, he paid for the ground-floor a rent of 3000 sesterces, and the tenant of the upper story a rent of 2000 sesterces (Plutarch, Sull. 1); which, capitalized at two-thirds of the usual interest on capital, yields nearly the above amount. This was a cheap dwelling. That a rent of 6000 sesterces (60 pounds) in the capital is called a high one in the case of the year 629 (Vell. ii. 10) must have been due to special circumstances.

50. III. I. Comparison between Carthage and Rome

51. IV. II. Tribunate of Gracchus

52. "If we could, citizens"—he said in his speech—"we should indeed all keep clear of this burden. But, as nature has so arranged it that we cannot either live comfortably with wives or live at all without them, it is proper to have regard rather to the permanent weal than to our own brief comfort."

1. IV. XI. Money-Dealing and Commerce

2. IV. X. The Roman Municipal System

3. IV. I. The Subjects

4. IV. I. The Callaeci Conquered

5. IV. I. The New Organization of Spain

6. IV. VII. Second Year of the War

7. The statement that no "Greek games" were exhibited in Rome before 608 (Tac. Ann. xiv. 21) is not accurate: Greek artists (—technitai—) and athletes appeared as early as 568 (Liv. xxxix. 22), and Greek flute-players, tragedians, and pugilists in 587 (Pol. xxx, 13).

8. III. XIII. Irreligious Spirit

9. A delightful specimen may be found in Cicero de Officiis, iii. 12, 13.

10. IV. VI. Collision between the Senate and Equites in the Administration of the Provinces; IV. IX. Siege of Praeneste

11. In Varro's satire, "The Aborigines," he sarcastically set forth how the primitive men had not been content with the God who alone is recognized by thought, but had longed after puppets and effigies.

12. III. XI. Interference of The Community in War and Administration

13. IV. VI. Political Projects of Marius

14. IV. X. Co-optation Restored in the Priestly Colleges

15. IV. VI. The Equestrian Party

16. III. XIV. Cato's Encyclopedia

17. Cicero says that he treated his learned slave Dionysius more respectfully than Scipio treated Panaetius, and in the same sense it is said in Lucilius:—

-Paenula, si quaeris, canteriu', servu', segestre Utilior mihi, quam sapiens-.

18. IV. XII. Panaetius

1. Thus in the -Paulus-, an original piece, the following line occurred, probably in the description of the pass of Pythium (III. X. Perseus Is Driven Back to Pydna):—

-Qua vix caprigeno generi gradilis gressio est-.

And in another piece the hearers are expected to understand the following description—

-Quadrupes tardigrada agrestis humilis aspera, Capite brevi, cervice anguina, aspectu truci, Eviscerata inanima cum animali sono-.

To which they naturally reply—

-Ita saeptuosa dictione abs te datur, Quod conjectura sapiens aegre contuit; Non intellegimus, nisi si aperte dixeris-.

Then follows the confession that the tortoise is referred to. Such enigmas, moreover, were not wanting even among the Attic tragedians, who on that account were often and sharply taken to task by the Middle Comedy.

2. Perhaps the only exception is in the -Andria- (iv. 5) the answer to the question how matters go:—

"-Sic Ut quimus," aiunt, "quando ut volumus non licet-"

in allusion to the line of Caecilius, which is, indeed, also imitated from a Greek proverb:—

-Vivas ut possis, quando non quis ut velis-.

The comedy is the oldest of Terence's, and was exhibited by the theatrical authorities on the recommendation of Caecilius. The gentle expression of gratitude is characteristic.

3. A counterpart to the hind chased by dogs and with tears calling on a young man for help, which Terence ridicules (Phorm. prol. 4), may be recognized in the far from ingenious Plautine allegory of the goat and the ape (Merc, ii. 1). Such excrescences are ultimately traceable to the rhetoric of Euripides (e. g. Eurip. Hec. 90).

4. Micio in the -Adelphi- (i. i) praises his good fortune in life, more particularly because he has never had a wife, "which those (the Greeks) reckon a piece of good fortune."

5. In the prologue of the -Heauton Timorumenos- he puts the objection into the mouth of his censors:—

-Repente ad studium hunc se applicasse musicum Amicum ingenio fretum, haud natura sua-.

And in the later prologue (594) to the -Adelphi- he says—

-Nam quod isti dicunt malevoli, homines nobiles Eum adiutare, adsidueque una scribere; Quod illi maledictum vehemens esse existimant Eam laudem hic ducit maximam, quum illis placet Qui vobis universis et populo placent; Quorum opera in bello, in otio, in negotio, Suo quisque tempore usus est sine superbia-.

As early as the time of Cicero it was the general supposition that Laelius and Scipio Aemilianus were here meant: the scenes were designated which were alleged to proceed from them; stories were told of the journeys of the poor poet with his genteel patrons to their estates near Rome; and it was reckoned unpardonable that they should have done nothing at all for the improvement of his financial circumstances. But the power which creates legend is, as is well known, nowhere more potent than in the history of literature. It is clear, and even judicious Roman critics acknowledged, that these lines could not possibly apply to Scipio who was then twenty-five years of age, and to his friend Laelius who was not much older. Others with at least more judgment thought of the poets of quality Quintus Labeo (consul in 571) and Marcus Popillius (consul in 581), and of the learned patron of art and mathematician, Lucius Sulpicius Gallus (consul in 588); but this too is evidently mere conjecture. That Terence was in close relations with the Scipionic house cannot, however, be doubted: it is a significant fact, that the first exhibition of the -Adelphi- and the second of the -Hecyra- took place at the funeral games of Lucius Paullus, which were provided by his sons Scipio and Fabius.

6. IV. XI. Token-Money

7. III. XIV. National Comedy

8. External circumstances also, it may be presumed, co-operated in bringing about this change. After all the Italian communities had obtained the Roman franchise in consequence of the Social war, it was no longer allowable to transfer the scene of a comedy to any such community, and the poet had either to keep to general ground or to choose places that had fallen into ruin or were situated abroad. Certainly this circumstance, which was taken into account even in the production of the older comedies, exercised an unfavourable effect on the national comedy.

9. I. XV. Masks

10. With these names there has been associated from ancient times a series of errors. The utter mistake of Greek reporters, that these farces were played at Rome in the Oscan language, is now with justice universally rejected; but it is, on a closer consideration, little short of impossible to bring these pieces, which are laid in the midst of Latin town and country life, into relation with the national Oscan character at all. The appellation of "Atellan play" is to be explained in another way. The Latin farce with its fixed characters and standing jests needed a permanent scenery: the fool- world everywhere seeks for itself a local habitation. Of course under the Roman stage-police none of the Roman communities, or of the Latin communities allied with Rome, could be taken for this purpose, although it was allowable to transfer the -togatae- to these. But Atella, which, although destroyed de jure along with Capua in 543 (III. VI. Capua Capitulates, III. VI. In Italy), continued practically to subsist as a village inhabited by Roman farmers, was adapted in every respect for the purpose. This conjecture is changed into certainty by our observing that several of these farces are laid in other communities within the domain of the Latin tongue, which existed no longer at all, or no longer at any rate in the eye of the law-such as the -Campani- of Pomponius and perhaps also his -Adelphi- and his -Quinquatria- in Capua, and the -Milites Pometinenses- of Novius in Suessa Pometia—while no existing community was subjected to similar maltreatment. The real home of these pieces was therefore Latium, their poetical stage was the Latinized Oscan land; with the Oscan nation they have no connection. The statement that a piece of Naevius (d. after 550) was for want of proper actors performed by "Atellan players" and was therefore called -personata- (Festus, s. v.), proves nothing against this view: the appellation "Atellan players" comes to stand here proleptically, and we might even conjecture from this passage that they were formerly termed "masked players" (-personati-).

An explanation quite similar may be given of the "lays of Fescennium," which likewise belong to the burlesque poetry of the Romans and were localized in the South Etruscan village of Fescennium; it is not necessary on that account to class them with Etruscan poetry any more than the Atellanae with Oscan. That Fescennium was in historical times not a town but a village, cannot certainly be directly proved, but is in the highest degree probable from the way in which authors mention the place and from the silence of inscriptions.

11. The close and original connection, which Livy in particular represents as subsisting between the Atellan farce and the -satura- with the drama thence developed, is not at all tenable. The difference between the -histrio- and the Atellan player was just about as great as is at present the difference between a professional actor and a man who goes to a masked ball; between the dramatic piece, which down to Terence's time had no masks, and the Atellan, which was essentially based on the character-mask, there subsisted an original distinction in no way to be effaced. The drama arose out of the flute-piece, which at first without any recitation was confined merely to song and dance, then acquired a text (-satura-), and lastly obtained through Andronicus a libretto borrowed from the Greek stage, in which the old flute-lays occupied nearly the place of the Greek chorus. This course of development nowhere in its earlier stages comes into contact with the farce, which was performed by amateurs.

12. In the time of the empire the Atellana was represented by professional actors (Friedlander in Becker's Handbuch. vi. 549). The time at which these began to engage in it is not reported, but it can hardly have been other than the time at which the Atellan was admitted among the regular stage-plays, i. e. the epoch before Cicero (Cic. ad Fam. ix. 16). This view is not inconsistent with the circumstance that still in Livy's time (vii. 2) the Atellan players retained their honorary rights as contrasted with other actors; for the statement that professional actors began to take part in performing the Atellana for pay does not imply that the Atellana was no longer performed, in the country towns for instance, by unpaid amateurs, and the privilege therefore still remained applicable,

13. It deserves attention that the Greek farce was not only especially at home in Lower Italy, but that several of its pieces (e. g. among those of Sopater, the "Lentile-Porridge," the "Wooers of Bacchis," the "Valet of Mystakos," the "Bookworms," the "Physiologist") strikingly remind us of the Atellanae. This composition of farces must have reached down to the time at which the Greeks in and around Neapolis formed a circle enclosed within the Latin-speaking Campania; for one of these writers of farces, Blaesus of Capreae, bears even a Roman name and wrote a farce "Saturnus."

14. According to Eusebius, Pomponius flourished about 664; Velleius calls him a contemporary of Lucius Crassus (614-663) and Marcus Antonius (611-667). The former statement is probably about a generation too late; the reckoning by -victoriati- (p. 182) which was discontinued about 650 still occurs in his -Pictores-, and about the end of this period we already meet the mimes which displaced the Atellanae from the stage.

15. It was probably merry enough in this form. In the -Phoenissae- of Novius, for instance, there was the line:—

-Sume arma, iam te occidam clava scirpea-, Just as Menander's—Pseudeirakleis— makes his appearance.

16. Hitherto the person providing the play had been obliged to fit up the stage and scenic apparatus out of the round sum assigned to him or at his own expense, and probably much money would not often be expended on these. But in 580 the censors made the erection of the stage for the games of the praetors and aediles a matter of special contract (Liv. xli. 27); the circumstance that the stage- apparatus was now no longer erected merely for a single performance must have led to a perceptible improvement of it.

17. The attention given to the acoustic arrangements of the Greeks may be inferred from Vitruv. v. 5, 8. Ritschl (Parerg. i. 227, xx.) has discussed the question of the seats; but it is probable (according to Plautus, Capt. prol. 11) that those only who were not -capite censi- had a claim to a seat. It is probable, moreover, that the words of Horace that "captive Greece led captive her conqueror" primarily refer to these epoch-making theatrical games of Mummius (Tac. Ann. xiv. 21).

18. The scenery of Pulcher must have been regularly painted, since the birds are said to have attempted to perch on the tiles (Plin. H. N. xxxv. 4, 23; Val. Max. ii. 4, 6). Hitherto the machinery for thunder had consisted in the shaking of nails and stones in a copper kettle; Pulcher first produced a better thunder by rolling stones, which was thenceforth named "Claudian thunder" (Festus, v. Claudiana, p. 57).

19. Among the few minor poems preserved from this epoch there occurs the following epigram on this illustrious actor:—

-Constiteram, exorientem Auroram forte salutans, Cum subito a laevaRoscius exoritur. Pace mihi liceat, coelestes, dicere vestra;Mortalis visust pulchrior esse deo-.

The author of this epigram, Greek in its tone and inspired by Greek enthusiasm for art, was no less a man than the conqueror of the Cimbri, Quintus Lutatius Catulus, consul in 652.

20. IV. XII. Course of Literature and Rhetoric

21. -Quam lepide —legeis— compostae ut tesserulae omnes Arte pavimento atque emblemate vermiculato-.

22. The poet advises him—

-Quo facetior videare et scire plus quant ceteri—-to say not -pertaesum- but -pertisum-.

23. IV. III. Its Suspension by Scipio Aemilianus

24. The following longer fragment is a characteristic specimen of the style and metrical treatment, the loose structure of which cannot possibly be reproduced in German hexameters:—

-Virtus, Albine, est pretium persolvere verumQueis in versamur, queis vivimu' rebu' potesse;Virtus est homini scire quo quaeque habeat res;Virtus scire homini rectum, utile, quid sit honestum,Quae bona, quae mala item, quid inutile, turpe, inhonestum;Virtus quaerendae finem rei scire modumque;Virtus divitiis pretium persolvere posse;Virtus id dare quod re ipsa debetur honori,Hostem esse atque inimicum hominum morumque malorum,Contra defensorem hominum morumque bonorum,Hos magni facere, his bene velle, his vivere amicum;Commoda praeterea patriai prima putare,Deinde parentum, tertia iam postremaque nostra-.

25. IV. XIII. Dramatic Arrangements, second note

26. III. X. Measures of Security in Greece

27. IV. I. Greece

28. Such scientific travels were, however, nothing uncommon among the Greeks of this period. Thus in Plautus (Men. 248, comp. 235) one who has navigated the whole Mediterranean asks—

-Quin nos hinc domum Redimus, nisi si historiam scripturi sumus-?

29. III. XIV. National Opposition

30. The only real exception, so far as we know, is the Greek history of Gnaeus Aufidius, who flourished in Cicero's boyhood (Tusc, v. 38, 112), that is, about 660. The Greek memoirs of Publius Rutilius Rufus (consul in 649) are hardly to be regarded as an exception, since their author wrote them in exile at Smyrna.

31. IV. XI. Hellenism and Its Results

32. IV. XII. Education

33. IV. XII. Latin Instruction

34. The assertion, for instance, that the quaestors were nominated in the regal period by the burgesses, not by the king, is as certainly erroneous as it bears on its face the impress of a partisan character.

35. IV. XII. Course of Literature and Rhetoric

36. IV. XII. Course of Literature and Rhetoric

37. IV. XII. Course of Literature and Rhetoric

38. IV. X. Permanent and Special -Quaestiones-

39. Cato's book probably bore the title -De iuris disciplina- (Gell. xiii. 20), that of Brutus the title -De iure civili- (Cic. pro Cluent. 51, 141; De Orat. ii. 55, 223); that they were essentially collections of opinions, is shown by Cicero (De Orat. ii. 33, 142).

40. IV. VI. Collision between the Senate and Equites in the Administration of the Provinces, pp. 84, 205

41. IV. XII. Roman Stoa f.

42. IV. XI. Buildings

End of Book IV

A.U.C.* B.C. B.C. A.U.C. ———————————————————————————————- 000 753 753 000 025 728 750 003 050 703 725 028 075 678 700 053 100 653 675 078 125 628 650 103 150 603 625 128 175 578 600 153 200 553 575 178 225 528 550 203 250 503 525 228 275 478 500 253 300 453 475 278 325 428 450 303 350 303 425 328 375 378 400 353 400 353 375 378 425 328 350 403 450 303 325 428 475 278 300 453 500 253 275 478 525 228 250 503 550 203 225 528 575 178 200 553 600 153 175 578 625 128 150 603 650 103 125 628 675 078 100 653 700 053 075 678 725 028 050 703 750 003 025 728 753 000 000 753

*A. U. C.—Ab Urbe Condita (from the founding of the City of Rome)


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