Preparations on Either Side
The results of the first campaign in favour of Sulla were the submission of Apulia, Picenum, and Campania, the dissolution of the one, and the vanquishing and blockading of the other, consular army. The Italian communities, compelled severally to choose between their twofold oppressors, already in numerous instances entered into negotiations with him, and caused the political rights, which had been won from the opposition party, to be guaranteed to them by formal separate treaties on the part of the general of the oligarchy. Sulla cherished the distinct expectation, and intentionally made boast of it, that he would overthrow the revolutionary government in the next campaign and again march into Rome.
But despair seemed to furnish the revolution with fresh energies. The consulship was committed to two of its most decided leaders, to Carbo for the third time and to Gaius Marius the younger; the circumstance that the latter, who was just twenty years of age, could not legally be invested with the consulship, was as little heeded as any other point of the constitution. Quintus Sertorius, who in this and other matters proved an inconvenient critic, was ordered to proceed to Etruria with a view to procure new levies, and thence to his province Hither Spain. To replenish the treasury, the senate was obliged to decree the melting down of the gold and silver vessels of the temples in the capital; how considerable the produce was, is clear from the fact that after several months' warfare there was still on hand nearly 600,000 pounds (14,000 pounds of gold and 6000 pounds of silver). In the considerable portion of Italy, which still voluntarily or under compulsion adhered to the revolution, warlike preparations were prosecuted with vigour. Newly-formed divisions of some strength came from Etruria, where the communities of new burgesses were very numerous, and from the region of the Po. The veterans of Marius in great numbers ranged themselves under the standards at the call of his son. But nowhere were preparations made for the struggle against Sulla with such eagerness as in the insurgent Samnium and some districts of Lucania. It was owing to anything but devotion towards the revolutionary Roman government, that numerous contingents from the Oscan districts reinforced their armies; but it was well understood there that an oligarchy restored by Sulla would not acquiesce, like the lax Cinnan government, in the independence of these lands as now de facto subsisting; and therefore the primitive rivalry between the Sabellians and the Latins was roused afresh in the struggle against Sulla. For Samnium and Latium this war was as much a national struggle as the wars of the fifth century; they strove not for a greater or less amount of political rights, but for the purpose of appeasing long-suppressed hate by the annihilation of their antagonist. It was no wonder, therefore, that the war in this region bore a character altogether different from the conflicts elsewhere, that no compromise was attempted there, that no quarter was given or taken, and that the pursuit was continued to the very uttermost.
Thus the campaign of 672 was begun on both sides with augmented military resources and increased animosity. The revolution in particular threw away the scabbard: at the suggestion of Carbo the Roman comitia outlawed all the senators that should be found in Sulla's camp. Sulla was silent; he probably thought that they were pronouncing sentence beforehand on themselves.
Sulla Proceeds to Latium to Oppose the Younger MariusHis Victory at SacriportusDemocratic Massacres in Rome
The army of the Optimates was divided. The proconsul Metellus undertook, resting on the support of the Picenian insurrection, to advance to Upper Italy, while Sulla marched from Campania straight against the capital. Carbo threw himself in the way of the former; Marius would encounter the main army of the enemy in Latium. Advancing along the Via Latina, Sulla fell in with the enemy not far from Signia; they retired before him as far as the so-called "Port of Sacer," between Signia and the chief stronghold of the Marians, the strong Praeneste. There Marius drew up his force for battle. His army was about 40,000 strong, and he was in savage fury and personal bravery the true son of his father; but his troops were not the well trained bands with which the latter had fought his battles, and still less might this inexperienced young man bear comparison with the old master of war. His troops soon gave way; the defection of a division even during the battle accelerated the defeat. More than the half of the Marians were dead or prisoners; the remnant, unable either to keep the field or to gain the other bank of the Tiber, was compelled to seek protection in the neighbouring fortresses; the capital, which they had neglected to provision, was irrecoverably lost. In consequence of this Marius gave orders to Lucius Brutus Damasippus, the praetor commanding there, to evacuate it, but before doing so to put to death all the esteemed men, hitherto spared, of the opposite party. This injunction, by which the son even outdid the proscriptions of his father, was carried into effect; Damasippus made a pretext for convoking the senate, and the marked men were struck down partly in the sitting itself, partly on their flight from the senate-house. Notwithstanding the thorough clearance previously effected, there were still found several victims of note. Such were the former aedile Publius Antistius, the father-in-law of Gnaeus Pompeius, and the former praetor Gaius Carbo, son of the well-known friend and subsequent opponent of the Gracchi,(14) since the death of so many men of more distinguished talent the two best orators in the judicial courts of the desolated Forum; the consular Lucius Domitius, and above all the venerable -pontifex maximus- Quintus Scaevola, who had escaped the dagger of Fimbria only to bleed to death during these last throes of the revolution in the vestibule of the temple of Vesta entrusted to his guardianship. With speechlesshorror the multitude saw the corpses of these last victims of the reign of terror dragged through the streets, and thrown into the river.
Siege of PraenesteOccupation of Rome
The broken bands of Marius threw themselves into the neighbouring and strong cities of new burgesses Norba and Praeneste: Marius in person with the treasure and the greater part of the fugitives entered the latter. Sulla left an able officer, Quintus Ofella, before Praeneste just as he had done in the previous year before Capua, with instructions not to expend his strength in the siege of the strong town, but to enclose it with an extended line of blockade and starve it into surrender. He himself advanced from different sides upon the capital, which as well as the whole surrounding district he found abandoned by the enemy, and occupied without resistance. He barely took time to compose the minds of the people by an address and to make the most necessary arrangements, and immediately passed on to Etruria, that in concert with Metellus he might dislodge his antagonists from Northern Italy.
Metellus against Carbo in Northern ItalyCarbo Assailed on Three Sides of Etruria
Metellus had meanwhile encountered and defeated Carbo's lieutenant Carrinas at the river Aesis (Esino between Ancona and Sinigaglia), which separated the district of Picenum from the Gallic province; when Carbo in person came up with his superior army, Metellus had been obliged to abstain from any farther advance. But on the news of the battle at Sacriportus, Carbo, anxious about his communications, had retreated to the Flaminian road, with a view to take up his headquarters at the meeting-point of Ariminum, and from that point to hold the passes of the Apennines on the one hand and the valley of the Po on the other. In this retrograde movement different divisions fell into the hands of the enemy, and not only so, but Sena Gallica was stormed and Carbo's rearguard was broken in a brilliant cavalry engagement by Pompeius; nevertheless Carbo attained on the whole his object. The consular Norbanus took the command in the valley of the Po; Carbo himself proceeded to Etruria. But the march of Sulla with his victorious legions to Etruria altered the position of affairs; soon three Sullan armies from Gaul, Umbria, and Rome established communications with each other. Metellus with the fleet went past Ariminum to Ravenna, and at Faventia cut off the communication between Ariminum and the valley of the Po, into which he sent forward a division along the great road to Placentia under Marcus Lucullus, the quaestor of Sulla and brother of his admiral in the Mithradatic war. The young Pompeius and his contemporary and rival Crassus penetrated from Picenum by mountain-paths into Umbria and gained the Flaminian road at Spoletium, where they defeated Carbo's legate Carrinas and shut him up in the town; he succeeded, however, in escaping from it on a rainy night and making his way, though not without loss, to the army of Carbo. Sulla himself marched from Rome into Etruria with his army in two divisions, one of which advancing along the coast defeated the corps opposed to it at Saturnia (between the rivers Ombrone and Albegna); the second led by Sulla in person fell in with the army of Carbo in the valley of the Clanis, and sustained a successful conflict with his Spanish cavalry. But the pitched battle which was fought between Carbo and Sulla in the region of Chiusi, although it ended without being properly decisive, was so far at any rate in favour of Carbo that Sulla's victorious advance was checked.
Conflicts about Praeneste
In the vicinity of Rome also events appeared to assume a more favourable turn for the revolutionary party, and the war seemed as if it would again be drawn chiefly towards this region. For, while the oligarchic party were concentrating all their energies on Etruria, the democracy everywhere put forth the utmost efforts to break the blockade of Praeneste. Even the governor of Sicily Marcus Perpenna set out for that purpose; it does not appear, however, that he reached Praeneste. Nor was the very considerable corps under Marcius, detached by Carbo, more successful in this; assailed and defeated by the troops of the enemy which were at Spoletium, demoralized by disorder, want of supplies, and mutiny, one portion went back to Carbo, another to Ariminum; the rest dispersed. Help in earnest on the other hand came from Southern Italy. There the Samnites under Pontius of Telesia, and the Lucanians under their experienced general Marcus Lamponius, set out without its being possible to prevent their departure, were joined in Campania where Capua still held out by a division of the garrison under Gutta, and thus to the number, it was said, of 70,000 marched upon Praeneste. Thereupon Sulla himself, leaving behind a corps against Carbo, returned to Latium and took up a well-chosen position in the defiles in front of Praeneste, where he barred the route of the relieving army.(15) In vain the garrison attempted to break through the lines of Ofella, in vain the relieving army attempted to dislodge Sulla; both remained immoveable in their strong positions, even after Damasippus, sent by Carbo, had reinforced the relieving army with two legions.
Successes of the Sullans in Upper ItalyEtruria Occupied by the Sullans
But while the war stood still in Etruria and in Latium, matters came to a decision in the valley of the Po. There the general of the democracy, Gaius Norbanus, had hitherto maintained the upper hand, had attacked Marcus Lucullus the legate of Metellus with superior force and compelled him to shut himself up in Placentia, and had at length turned against Metellus in person. He encountered the latter at Faventia, and immediately made his attack late in the afternoon with his troops fatigued by their march; the consequence was a complete defeat and the total breaking up of his corps, of which only about 1000 men returned to Etruria. On the news of this battle Lucullus sallied from Placentia, and defeated the division left behind to oppose him at Fidentia (between Piacenza and Parma). The Lucanian troops of Albinovanus deserted in a body: their leader made up for his hesitation at first by inviting the chief officers of the revolutionary army to banquet with him and causing them to be put to death; in general every one, who at all could, now concluded his peace. Ariminum with all its stores and treasures fell into the power of Metellus; Norbanus embarked for Rhodes; the whole land between the Alps and Apennines acknowledged the government of the Optimates. The troops hitherto employed there were enabled to turn to the attack of Etruria, the last province where their antagonists still kept the field. When Carbo received this news in the camp at Clusium, he lost his self-command; although he had still a considerable body of troops under his orders, he secretly escaped from his headquarters and embarked for Africa. Part of his abandoned troops followed the example which their general had set, and went home; part of them were destroyed by Pompeius: Carrinas gathered together the remainder and led them to Latium to join the army of Praeneste. There no change had in the meanwhile taken place; and the final decision drew nigh. The troops of Carrinas were not numerous enough to shake Sulla's position; the vanguard of the army of the oligarchic party, hitherto employed in Etruria, was approaching under Pompeius; in a few days the net would be drawn tight around the army of the democrats and the Samnites.
The Samnites and Democrats Attack RomeBattle at the Colline GateSlaughter of the Prisoners
Its leaders then determined to desist from the relief of Praeneste and to throw themselves with all their united strength on Rome, which was only a good day's march distant. By so doing they were, in a military point of view, ruined; their line of retreat, the Latin road, would by such a movement fall into Sulla's hands; and even if they got possession of Rome, they would be infallibly crushed there, enclosed within a city by no means fitted for defence, and wedged in between the far superior armies of Metellus and Sulla. Safety, however, was no longer thought of; revenge alone dictated this march to Rome, the last outbreak of fury in the passionate revolutionists and especially in the despairing Sabellian nation. Pontius of Telesia was in earnest, when he called out to his followers that, in order to get rid of the wolves which had robbed Italy of freedom, the forest in which they harboured must be destroyed. Never was Rome in a more fearful peril than on the 1st November 672, when Pontius, Lamponius, Carrinas, Damasippus advanced along the Latin road towards Rome, and encamped about a mile from the Colline gate. It was threatened with a day like the 20th July 365 u. c. or the 15th June 455 a. d.— the days of the Celts and the Vandals. The time was gone by when a coup de main against Rome was a foolish enterprise, and the assailants could have no want of connections in the capital. The band of volunteers which sallied from the city, mostly youths of quality, was scattered like chaff before the immense superiority of force. The only hope of safety rested on Sulla. The latter, on receiving accounts of the departure of the Samnite army in the direction of Rome, had likewise set out in all haste to the assistance of the capital. The appearance of his foremost horsemen under Balbus in the course of the morning revived the sinking courage of the citizens; about midday he appeared in person with his main force, and immediately drew up his ranks for battle at the temple of the Erycine Aphrodite before the Colline gate (not far from Porta Pia). His lieutenants adjured him not to send the troops exhausted by the forced march at once into action; but Sulla took into consideration what the night might bring on Rome, and, late as it was in the afternoon, ordered the attack. The battle was obstinately contested and bloody. The left wing of Sulla, which he led in person, gave way as far as the city wall, so that it became necessary to close the city gates; stragglers even brought accounts to Ofella that the battle was lost. But on the right wing Marcus Crassus overthrew the enemy and pursued him as far as Antemnae; this somewhat relieved the left wing also, and an hour after sunset it in turn began to advance. The fight continued the whole night and even on the following morning; it was only the defection of a division of 3000 men, who immediately turned their arms against their former comrades, that put an end to the struggle. Rome was saved. The army of the insurgents, for which there was no retreat, was completely extirpated. The prisoners taken in the battle—between 3000 and 4000 in number, including the generals Damasippus, Carrinas, and the severely-wounded Pontius— were by Sulla's orders on the third day after the battle brought to the Villa Publica in the Campus Martius and there massacred to the last man, so that the clatter of arms and the groans of the dying were distinctly heard in the neighbouring temple of Bellona, where Sulla was just holding a meeting of the senate. It was a ghastly execution, and it ought not to be excused; but it is not right to forget that those very men who perished there had fallen like a band of robbers on the capital and the burgesses, and, had they found time, would have destroyed them as far as fire and sword can destroy a city and its citizens.
SiegesPraenesteNorbaNola
With this battle the war was, in the main, at an end. The garrison of Praeneste surrendered, when it learned the issue of the battle of Rome from the heads of Carrinas and other officers thrown over the walls. The leaders, the consul Gaius Marius and the son of Pontius, after having failed in an attempt to escape, fell on each other's swords. The multitude cherished the hope, in which it was confirmed by Cethegus, that the victor would even now have mercy upon them. But the times of mercy were past. The more unconditionally Sulla had up to the last moment granted full pardon to those who came over to him, the more inexorable he showed himself toward the leaders and communities that had held out to the end. Of the Praenestine prisoners, 12,000 in number, most of the Romans and individual Praenestines as well as the women and children were released, but the Roman senators, almost all the Praenestines and the whole of the Samnites, were disarmed and cut to pieces; and the rich city was given up to pillage. It was natural that, after such an occurrence, the cities of new burgesses which had not yet passed over should continue their resistance with the utmost obstinacy. In the Latin town of Norba for instance, when Aemilius Lepidus got into it by treason, the citizens killed each other and set fire themselves to their town, solely in order to deprive their executioners of vengeance and of booty. In Lower Italy Neapolis had already been taken by assault, and Capua had, as it would seem, been voluntarily surrendered; but Nola was only evacuated by the Samnites in 674. On his flight from Nola the last surviving leader of note among the Italians, the consul of the insurgents in the hopeful year 664, Gaius Papius Mutilus, disowned by his wife to whom he had stolen in disguise and with whom he had hoped to find an asylum, fell on his sword in Teanum before the door of his own house. As to the Samnites, the dictator declared that Rome would have no rest so long as Samnium existed, and that the Samnite name must therefore be extirpated from the earth; and, as he verified these words in terrible fashion on the prisoners taken before Rome and in Praeneste, so he appears to have also undertaken a raid for the purpose of laying waste the country, to have captured Aesernia(16) (674?), and to have converted that hitherto flourishing and populous region into the desert which it has since remained. In the same manner Tuder in Umbria was stormed by Marcus Crassus. A longer resistance was offered in Etruria by Populonium and above all by the impregnable Volaterrae, which gathered out of the remains of the beaten party an army of four legions, and stood a two years' siege conducted first by Sulla in person and then by the former praetor Gaius Carbo, the brother of the democratic consul, till at length in the third year after the battle at the Colline gate (675) the garrison capitulated on condition of free departure. But in this terrible time neither military law nor military discipline was regarded; the soldiers raised a cry of treason and stoned their too compliant general; a troop of horse sent by the Roman government cut down the garrison as it withdrew in terms of the capitulation. The victorious army was distributed throughout Italy, and all the insecure townships were furnished with strong garrisons: under the iron hand of the Sullan officers the last palpitations of the revolutionary and national opposition slowly died away.
The Provinces
There was still work to be done in the provinces. Sardinia had been speedily wrested by Lucius Philippus from the governor of the revolutionary government Quintus Antonius (672), and Transalpine Gaul offered little or no resistance; but in Sicily, Spain, and Africa the cause of the party defeated in Italy seemed still by no means lost. Sicily was held for them by the trustworthy governor Marcus Perpenna. Quintus Sertorius had the skill to attach to himself the provincials in Hither Spain, and to form from among the Romans settled in that quarter a not inconsiderable army, which in the first instance closed the passes of the Pyrenees: in this he had given fresh proof that, wherever he was stationed, he was in his place, and amidst all the incapables of the revolution was the only man practically useful. In Africa the governor Hadrianus, who followed out the work of revolutionizing too thoroughly and began to give liberty to the slaves, had been, on occasion of a tumult instigated by the Roman merchants of Utica, attacked in his official residence and burnt with his attendants (672); nevertheless the province adhered to the revolutionary government, and Cinna's son-in-law, the young and able Gnaeus Domitius Ahenobarbus, was invested with the supreme command there. Propagandism had even been carried from thence into the client-states, Numidia and Mauretania. Their legitimate rulers, Hiempsal II son of Gauda, and Bogud son of Bocchus, adhered doubtless to Sulla; but with the aid of the Cinnans the former had been dethroned by the democratic pretender Hiarbas, and similar feuds agitated the Mauretanian kingdom. The consul Carbo who had fled from Italy tarried on the island Cossyra (Pantellaria) between Africa and Sicily, at a loss, apparently, whether he should flee to Egypt or should attempt to renew the struggle in one of the faithful provinces.
SpainSertorius Embarks
Sulla sent to Spain Gaius Annius and Gaius Valerius Flaccus, the former as governor of Further Spain, the latter as governor of the province of the Ebro. They were spared the difficult task of opening up the passes of the Pyrenees by force, in consequence of the general who was sent thither by Sertorius having been killed by one of his officers and his troops having thereafter melted away. Sertorius, much too weak to maintain an equal struggle, hastily collected the nearest divisions and embarked at New Carthage—for what destination he knew not himself, perhaps for the coast of Africa, or for the Canary Islands—it mattered little whither, provided only Sulla's arm did not reach him. Spain then willingly submitted to the Sullan magistrates (about 673) and Flaccus fought successfully with the Celts, through whose territory he marched, and with the Spanish Celtiberians (674).
Sicily
Gnaeus Pompeius was sent as propraetor to Sicily, and, when he appeared on the coast with 120 sail and six legions, the island was evacuated by Perpenna without resistance. Pompeius sent a squadron thence to Cossyra, which captured the Marian officers sojourning there. Marcus Brutus and the others were immediately executed; but Pompeius had enjoined that the consul Carbo should be brought before himself at Lilybaeum in order that, unmindful of the protection accorded to him in a season of peril by that very man,(17) he might personally hand him over to the executioner (672).
Africa
Having been ordered to go on to Africa, Pompeius with his army which was certainly far more numerous, defeated the not inconsiderable forces collected by Ahenobarbus and Hiarbas, and, declining for the time to be saluted as -imperator-, he at once gave the signal for assault on the hostile camp. He thus became master of the enemy in one day; Ahenobarbus was among the fallen: with the aid of king Bogud, Hiarbas was seized and slain at Bulla, and Hiempsal was reinstated in his hereditary kingdom; a great razzia against the inhabitants of the desert, among whom a number of Gaetulian tribes recognized as free by Marius were made subject to Hiempsal, revived in Africa also the fallen repute of the Roman name: in forty days after the landing of Pompeius in Africa all was at an end (674?). The senate instructed him to break up his army— an implied hint that he was not to be allowed a triumph, to which as an extraordinary magistrate he could according to precedent make no claim. The general murmured secretly, the soldiers loudly; it seemed for a moment as if the African army would revolt against the senate and Sulla would have to take the field against his son-in- law. But Sulla yielded, and allowed the young man to boast of being the only Roman who had become a triumphator before he was a senator (12 March 675); in fact the "Fortunate," not perhaps without a touch of irony, saluted the youth on his return from these easy exploits as the "Great."
Fresh Difficulties with Mithradates
In the east also, after the embarkation of Sulla in the spring of 671, there had been no cessation of warfare. The restoration of the old state of things and the subjugation of individual towns cost in Asia as in Italy various bloody struggles. Against the free city of Mytilene in particular Lucius Lucullus was obliged at length to bring up troops, after having exhausted all gentler measures; and even a victory in the open field did not put an end to the obstinate resistance of the citizens.
Meanwhile the Roman governor of Asia, Lucius Murena, had fallen into fresh difficulties with king Mithradates. The latter had since the peace busied himself in strengthening anew his rule, which was shaken even in the northern provinces; he had pacified the Colchians by appointing his able son Mithradates as their governor; he had then made away with that son, and was now preparing for an expedition into his Bosporan kingdom. The assurances of Archelaus who had meanwhile been obliged to seek an asylum with Murena,(18) that these preparations were directed against Rome, induced Murena, under the pretext that Mithradates still kept possession of Cappadocian frontier districts, to move his troops towards the Cappadocian Comana and thus to violate the Pontic frontier (671). Mithradates contented himself with complaining to Murena and, when this was in vain, to the Roman government. In fact commissioners from Sulla made their appearance to dissuade the governor, but he did not submit; on the contrary he crossed the Halys and entered on the undisputed territory of Pontus, whereupon Mithradates resolved to repel force by force. His general Gordius had to detain the Roman army till the king came up with far superior forces and compelled battle; Murena was vanquished and with great loss driven back over the Roman frontier to Phrygia, and the Roman garrisons were expelled from all Cappadocia. Murena had the effrontery, no doubt, to call himself the victor and to assume the title of -imperator- on account of these events (672); but the sharp lesson and a second admonition from Sulla induced him at last to push the matter no farther; the peace between Rome and Mithradates was renewed (673).
Second PeaceCapture of Mytilene
This foolish feud, while it lasted, had postponed the reduction of the Mytilenaeans; it was only after a long siege by land and by sea, in which the Bithynian fleet rendered good service, that Murena's successor succeeded in taking the city by storm (675).
General Peace
The ten years' revolution and insurrection were at an end in the west and in the east; the state had once more unity of government and peace without and within. After the terrible convulsions of the last years even this rest was a relief. Whether it was to furnish more than a mere relief; whether the remarkable man, who had succeeded in the difficult task of vanquishing the public foe and in the more difficult work of subduing the revolution, would be able to meet satisfactorily the most difficult task of all— the re-establishing of social and political order shaken to its very foundations—could not but be speedily decided
The Sullan Constitution
The Restoration
About the time when the first pitched battle was fought between Romans and Romans, in the night of the 6th July 671, the venerable temple, which had been erected by the kings, dedicated by the youthful republic, and spared by the storms of five hundred years— the temple of the Roman Jupiter in the Capitol—perished in the flames. It was no augury, but it was an image of the state of the Roman constitution. This, too, lay in ruins and needed reconstruction. The revolution was no doubt vanquished, but the victory was far from implying as a matter of course the restoration of the old government. The mass of the aristocracy certainly was of opinion that now, after the death of the two revolutionary consuls, it would be sufficient to make arrangements for the ordinary supplemental election and to leave it to the senate to take such steps as should seem farther requisite for the rewarding of the victorious army, for the punishment of the most guilty revolutionists, and possibly also for the prevention of similar outbreaks. But Sulla, in whose hands the victory had concentrated for the moment all power, formed a more correct judgment of affairs and of men. The aristocracy of Rome in its best epoch had not risen above an adherence—partly noble and partly narrow—to traditional forms; how should the clumsy collegiate government of this period be in a position to carry out with energy and thoroughness a comprehensive reform of the state? And at the present moment, when the last crisis had swept away almost all the leading men of the senate, the vigour and intelligence requisite for such an enterprise were less than ever to be found there. How thoroughly useless was the pure aristocratic blood, and how little doubt Sulla had as to its worthlessness, is shown by the fact that, with the exception of Quintus Metellus who was related to him by marriage, he selected all his instruments out of what was previously the middle party and the deserters from the democratic camp—such as Lucius Flaccus, Lucius Philippus, Quintus Ofella, Gnaeus Pompeius. Sulla was as much in earnest about the re-establishment of the old constitution as the most vehement aristocratic emigrant; he understood however, not perhaps to the full extent—for how in that case could he have put hand to the work at all?—but better at any rate than his party, the enormous difficulties which attended this work of restoration. Comprehensive concessions so far as concession was possible without affecting the essence of oligarchy, and the establishment of an energetic system of repression and prevention, were regarded by him as unavoidable; and he saw clearly that the senate as it stood would refuse or mutilate every concession, and would parliamentarily ruin every systematic reconstruction. If Sulla had already after the Sulpician revolution carried out what he deemed necessary in both respects without asking much of their advice, he was now determined, under circumstances of far more severe and intense excitement, to restore the oligarchy—not with the aid, but in spite, of the oligarchs—by his own hand.
Sulla Regent of Rome
Sulla, however, was not now consul as he had been then, but was furnished merely with proconsular, that is to say, purely military power: he needed an authority keeping as near as possible to constitutional forms, but yet extraordinary, in order to impose his reform on friends and foes. In a letter to the senate he announced to them that it seemed to him indispensable that they should place the regulation of the state in the hands of a single man equipped with unlimited plenitude of power, and that he deemed himself qualified to fulfil this difficult task. This proposal, disagreeable as it was to many, was under the existing circumstances a command. By direction of the senate its chief, the interrex Lucius Valerius Flaccus the father, as interim holder of the supreme power, submitted to the burgesses the proposal that the proconsul Lucius Cornelius Sulla should receive for the past a supplementary approval of all the official acts performed by him as consul and proconsul, and should for the future be empowered to adjudicate without appeal on the life and property of the burgesses, to deal at his pleasure with the state-domains, to shift at discretion the boundaries of Rome, of Italy, and of the state, to dissolve or establish urban communities in Italy, to dispose of the provinces and dependent states, to confer the supreme -imperium- instead of the people and to nominate proconsuls and propraetors, and lastly to regulate the state for the future by means of new laws; that it should be left to his own judgment to determine when he had fulfilled his task and might deem it time to resign this extraordinary magistracy; and, in fine, that during its continuance it should depend on his pleasure whether the ordinary supreme magistracy should subsist side by side with his own or should remain in abeyance. As a matter of course, the proposal was adopted without opposition (Nov. 672); and now the new master of the state, who hitherto had as proconsul avoided entering the capital, appeared for the first time within the walls of Rome. This new office derived its name from the dictatorship, which had been practically abolished since the Hannibalic war;(1) but, as besides his armed retinue he was preceded by twice as many lictors as the dictator of earlier times, this new "dictatorship for the making of laws and the regulation of the commonwealth," as its official title ran, was in fact altogether different from the earlier magistracy which had been limited in point of duration and of powers, had not excluded appeal to the burgesses, and had not annulled the ordinary magistracy. It much more resembled that of the -decemviri legibus scribundis-, who likewise came forward as an extraordinary government with unlimited fulness of powers superseding the ordinary magistracy, and practically at least administered their office as one which was unlimited in point of time. Or, we should rather say, this new office, with its absolute power based on a decree of the people and restrained by no set term or colleague, was no other than the old monarchy, which in fact just rested on the free engagement of the burgesses to obey one of their number as absolute lord. It was urged even by contemporaries in vindication of Sulla that a king is better than a bad constitution,(2) and presumably the title of dictator was only chosen to indicate that, as the former dictatorship implied a reassumptionwith various limitations,(3) so this new dictatorship involved a complete reassumption, of the regal power. Thus, singularly enough, the course of Sulla here also coincided with that on which Gaius Gracchus had entered with so wholly different a design. In this respect too the conservative party had to borrow from its opponents; the protector of the oligarchic constitution had himself to come forward as a tyrant, in order to avert the ever-impending -tyrannis-. There was not a little of defeat in this last victory of the oligarchy.
Executions
Sulla had not sought and had not desired the difficult and dreadful labour of the work of restoration; out, as no other choice was left to him but either to leave it to utterly incapable hands or to undertake it in person, he set himself to it with remorseless energy. First of all a settlement had to be effected in respect to the guilty. Sulla was personally inclined to pardon. Sanguine as he was in temperament, he could doubtless break forth into violent rage, and well might those beware who saw his eye gleam and his cheeks colour; but the chronic vindictiveness, which characterized Marius in the embitterment of his old age, was altogether foreign to Sulla's easy disposition. Not only had he borne himself with comparatively great moderation after the revolution of 666;(4) even the second revolution, which had perpetrated so fearful outrages and had affected him in person so severely, had not disturbed his equilibrium. At the same time that the executioner was dragging the bodies of his friends through the streets of the capital, he had sought to save the life of the blood-stained Fimbria, and, when the latter died by his own hand, had given orders for his decent burial. On landing in Italy he had earnestly offered to forgive and to forget, and no one who came to make his peace had been rejected. Even after the first successes he had negotiated in this spirit with Lucius Scipio; it was the revolutionary party, which had not only broken off these negotiations, but had subsequently, at the last moment before their downfall, resumed the massacres afresh and more fearfully than ever, and had in fact conspired with the inveterate foes of their country for the destruction of the city of Rome. The cup was now full. By virtue of his new official authority Sulla, immediately after assuming the regency, outlawed as enemies of their country all the civil and military officials who had taken an active part in favour of the revolution after the convention with Scipio (which according to Sulla's assertion was validly concluded), and such of the other burgesses as had in any marked manner aided its cause. Whoever killed one of these outlaws was not only exempt from punishment like an executioner duly fulfilling his office, but also obtained for the execution a compensation of 12,000 -denarii- (480 pounds); any one on the contrary who befriended an outlaw, even the nearest relative, was liable to the severest punishment. The property of the proscribed was forfeited to the state like the spoil of an enemy; their children and grandchildren were excluded from a political career, and yet, so far as they were of senatorial rank, were bound to undertake their share of senatorial burdens. The last enactments also applied to the estates and the descendants of those who had fallen in conflict for the revolution—penalties which went even beyond those enjoined by the earliest law in the case of such as had borne arms against their fatherland. The most terrible feature in this system of terror was the indefiniteness of the proposed categories, against which there was immediate remonstrance in the senate, and which Sulla himself sought to remedy by directing the names of the proscribed to be publicly posted up and fixing the 1st June 673 as the final term for closing the lists of proscription.
Proscription-Lists
Much as this bloody roll, swelling from day to day and amounting at last to 4700 names,(5) excited the just horror of the multitude, it at any rate checked in some degree the mere caprice of the executioners. It was not at least to the personal resentment of the regent that the mass of these victims were sacrificed; his furious hatred was directed solely against the Marians, the authors of the hideous massacres of 667 and 672. By his command the tomb of the victor of Aquae Sextiae was broken open and his ashes were scattered in the Anio, the monuments of his victories over Africans and Germans were overthrown, and, as death had snatched himself and his son from Sulla's vengeance, his adopted nephew Marcus Marius Gratidianus, who had been twice praetor and was a great favourite with the Roman burgesses, was executed amid the most cruel tortures at the tomb of Catulus, who most deserved to be regretted of all the Marian victims. In other cases also death had already swept away the most notable of his opponents: of the leaders there survived only Gaius Norbanus, who laid hands on himself at Rhodes, while the -ecclesia- was deliberating on his surrender; Lucius Scipio, for whom his insignificance and probably also his noble birth procured indulgence and permission to end his days in peace at his retreat in Massilia; and Quintus Sertorius, who was wandering about as an exile on the coast of Mauretania. But yet the heads of slaughtered senators were piled up at the Servilian Basin, at the point where the -Vicus Jugarius- opened into the Forum, where the dictator had ordered them to be publicly exposed; and among men of the second and third rank in particular death reaped a fearful harvest. In addition to those who were placed on the list for their services in or on behalf of the revolutionary army with little discrimination, sometimes on account of money advanced to one of its officers or on account of relations of hospitality formed with such an one, the retaliation fell specially on those capitalists who had sat in judgment on the senators and had speculated in Marian confiscations—the "hoarders"; about 1600 of the equites, as they were called,(6) were inscribed on the proscription- list. In like manner the professional accusers, the worst scourge of the nobility, who made it their trade to bring men of the senatorial order before the equestrian courts, had now to suffer for it—"how comes it to pass," an advocate soon after asked, "that they have left to us the courts, when they were putting to death the accusers and judges?" The most savage and disgraceful passions raged without restraint for many months throughout Italy. In the capital a Celtic band was primarily charged with the executions, and Sullan soldiers and subaltern officers traversed for the same purpose the different districts of Italy; but every volunteer was also welcome, and the rabble high and low pressed forward not only to earn the rewards of murder, but also to gratify their own vindictive or covetous dispositions under the mantle of political prosecution. It sometimes happened that the assassination did not follow, but preceded, the placing of the name on the list of the proscribed. One example shows the way in which these executions took place. At Larinum, a town of new burgesses and favourable to Marian views, one Statius Albius Oppianicus, who had fled to Sulla's headquarters to avoid a charge of murder, made his appearance after the victory as commissioner of the regent, deposed the magistrates of the town, installed himself and his friends in their room, and caused the person who had threatened to accuse him, along with his nearest relatives and friends, to be outlawed and killed. Countless persons—including not a few decided adherents of the oligarchy—thus fell as the victims of private hostility or of their own riches: the fearful confusion, and the culpable indulgence which Sulla displayed in this as in every instance towards those more closely connected with him, prevented any punishment even of the ordinary crimes that were perpetrated amidst the disorder.
Confiscations
The confiscated property was dealt with in a similar way. Sulla from political considerations sought to induce the respectable burgesses to take part in its purchase; a great portion of them, moreover, voluntarily pressed forward, and none more zealously than the young Marcus Crassus. Under the existing circumstances the utmost depreciation was inevitable; indeed, to some extent it was the necessary result of the Roman plan of selling the property confiscated by the state for a round sum payable in ready money. Moreover, the regent did not forget himself; while his wife Metella more especially and other persons high and low closely connected with him, even freedmen and boon-companions, were sometimes allowed to purchase without competition, sometimes had the purchase-money wholly or partially remitted. One of his freedmen, for instance, is said to have purchased a property of 6,000,000 sesterces (60,000 pounds) for 2000 (20 pounds), and one of his subalterns is said to have acquired by such speculations an estate of 10,000,000 sesterces (100,000 pounds). The indignation was great and just; even during Sulla's regency an advocate asked whether the nobility had waged civil war solely for the purpose of enriching their freedmen and slaves. But in spite of this depreciation the whole proceeds of the confiscated estates amounted to not less than 350,000,000 sesterces (3,500,000 pounds), which gives an approximate idea of the enormous extent of these confiscations falling chiefly on the wealthiest portion of the burgesses. It was altogether a fearful punishment. There was no longer any process or any pardon; mute terror lay like a weight of lead on the land, and free speech was silenced in the market-place alike of the capital and of the country-town. The oligarchic reign of terror bore doubtless a different stamp from that of the revolution; while Marius had glutted his personal vengeance in the blood of his enemies, Sulla seemed to account terrorism in the abstract, if we may so speak, a thing necessary to the introduction of the new despotism, and to prosecute and make others prosecute the work of massacre almost with indifference. But the reign of terror presented an appearance all the more horrible, when it proceeded from the conservative side and was in some measure devoid of passion; the commonwealth seemed all the more irretrievably lost, when the frenzy and the crime on both sides were equally balanced.
Maintenance of the Burgess-Rights Previously Conferred
In regulating the relations of Italy and of the capital, Sulla— although he otherwise in general treated as null all state-acts done during the revolution except in the transaction of current business— firmly adhered to the principle, which it had laid down, that every burgess of an Italian community was by that very fact a burgess also of Rome; the distinctions between burgesses and Italian allies, between old burgesses with better, and new burgesses with more restricted, rights, were abolished, and remained so. In the case of the freedmen alone the unrestricted right of suffrage was again withdrawn, and for them the old state of matters was restored. To the aristocratic ultras this might seem a great concession; Sulla perceived that it was necessary to wrest these mighty levers out of the hands of the revolutionary chiefs, and that the rule of the oligarchy was not materially endangered by increasing the number of the burgesses.
Punishments Inflicted on Particular Communities
But with this concession in principle was combined a most rigid inquisition, conducted by special commissioners with the co-operation of the garrisons distributed throughout Italy, in respect to particular communities in all districts of the land. Several towns were rewarded; for instance Brundisium, the first community which had joined Sulla, now obtained the exemption from customs so important for such a seaport; more were punished. The less guilty were required to pay fines, to pull down their walls, to raze their citadels; in the case of those whose opposition had been most obstinate the regent confiscated a part of their territory, in some cases even the whole of it—as it certainly might be regarded in law as forfeited, whether they were to be treated as burgess-communities which had borne arms against their fatherland, or as allied states which had waged war with Rome contrary to their treaties of perpetual peace. In this case all the dispossessed burgesses—but these only—were deprived of their municipal, and at the same time of the Roman, franchise, receiving in return the lowest Latin rights.(7) Sulla thus avoided furnishing the opposition with a nucleus in Italian subject-communities of inferior rights; the homeless dispossessed of necessity were soon lost in the mass of the proletariate. In Campania not only was the democratic colony of Capua done away and its domain given back to the state, as was naturally to be expected, but the island of Aenaria (Ischia) was also, probably about this time, withdrawn from the community of Neapolis. In Latium the whole territory of the large and wealthy city of Praeneste and presumably of Norba also was confiscated, as was likewise that of Spoletium in Umbria. Sulmo in the Paelignian district was even razed. But the iron arm of the regent fell with especial weight on the two regions which had offered a serious resistance up to the end and even after the battle at the Colline gate—Etruria and Samnium. There a number of the most considerable communes, such as Florentia, Faesulae, Arretium, Volaterrae, were visited with total confiscation. Of the fate of Samnium we have already spoken; there was no confiscation there, but the land was laid waste for ever, its flourishing towns, even the former Latin colony of Aesernia, were left in ruins, and the country was placed on the same footing with the Bruttian and Lucanian regions.
Assignations to the Soldiers
These arrangements as to the property of the Italian soil placed on the one hand those Roman domain-lands which had been handed over in usufruct to the former allied communities and now on their dissolution reverted to the Roman government, and on the other hand the confiscated territories of the communities incurring punishment, at the disposal of the regent; and he employed them for the purpose of settling thereon the soldiers of the victorious army. Most of these new settlements were directed towards Etruria, as for instance to Faesulae and Arretium, others to Latium and Campania, where Praeneste and Pompeii among other places became Sullan colonies. To repeople Samnium was, as we have said, no part of the regent's design. A great part of these assignations took place after the Gracchan mode, so that the settlers were attached to an already-existing urban community. The comprehensiveness of this settlement is shown by the number of land-allotments distributed, which is stated at 120,000; while yet some portions of land withal were otherwise applied, as in the case of the lands bestowed on the temple of Diana at Mount Tifata; others, such as the Volaterran domain and a part of the Arretine, remained undistributed; others in fine, according to the old abuse legally forbidden(8) but now reviving, were taken possession of on the part of Sulla's favourites by the right of occupation. The objects which Sulla aimed at in this colonization were of a varied kind. In the first place, he thereby redeemed the pledge given to his soldiers. Secondly, he in so doing adopted the idea, in which the reform-party and the moderate conservatives concurred, and in accordance with which he had himself as early as 666 arranged the establishment of a number of colonies— the idea namely of augmenting the number of the small agricultural proprietors in Italy by a breaking up of the larger possessions on the part of the government; how seriously he had this at heart is shown by the renewed prohibition of the throwing together of allotments. Lastly and especially, he saw in these settled soldiers as it were standing garrisons, who would protect his new constitution along with their own right of property. For this reason, where the whole territory was not confiscated, as at Pompeii, the colonists were not amalgamated with the urban-community, but the old burgesses and the colonists were constituted as two bodies of burgesses associated within the same enclosing wall. In other respects these colonial foundations were based, doubtless, like the older ones, on a decree of the people, but only indirectly, in so far as the regent constituted them by virtue of the clause of the Valerian law to that effect; in reality they originated from the ruler's plenitude of power, and so far recalled the freedom with which the former regal authority disposed of the state-property. But, in so far as the contrast between the soldier and the burgess, which was in other instances done away by the very sending out of the soldiers or colonists, was intended to remain, and did remain, in force in the Sullan colonies even after their establishment, and these colonists formed, as it were, the standing array of the senate, they are not incorrectly designated, in contradistinction to the older ones, as military colonies.
The Cornelian Freedmen in Rome
Akin to this practical constituting of a standing army for the senate was the measure by which the regent selected from the slaves of the proscribed upwards of 10,000 of the youngest and most vigorous men, and manumitted them in a body. These new Cornelians, whose civil existence was linked to the legal validity of the institutions of their patron, were designed to be a sort of bodyguard for the oligarchy and to help it to command the city populace, on which, indeed, in the absence of a garrison everything in the capital now primarily depended.
Abolition of the Gracchan Institutions
These extraordinary supports on which the regent made the oligarchy primarily to rest, weak and ephemeral as they doubtless might appear even to their author, were yet its only possible buttresses, unless expedients were to be resorted to—such as the formal institution of a standing army in Rome and other similar measures—which would have put an end to the oligarchy far sooner than the attacks of demagogues. The permanent foundation of the ordinary governing power of the oligarchy of course could not but be the senate, with a power so increased and so concentrated that it presented a superiority to its non-organized opponents at every single point of attack. The system of compromises followed for forty years was at an end. The Gracchan constitution, still spared in the first Sullan reform of 666, was now utterly set aside. Since the time of Gaius Gracchus the government had conceded, as it were, the right of -'emeute- to the proletariate of the capital, and bought it off by regular distributions of corn to the burgesses domiciled there; Sulla abolished these largesses. Gaius Gracchus had organized and consolidated the order of capitalists by the letting of the tenths and customs of the province of Asia in Rome; Sulla abolished the system of middlemen, and converted the former contributions of the Asiatics into fixed taxes, which were assessed on the several districts according to the valuation-rolls drawn up for the purpose of gathering in the arrears.(9) Gaius Gracchus had by entrusting the posts of jurymen to men of equestrian census procured for the capitalist class an indirect share in administering and in governing, which proved itself not seldom stronger than the official adminis-tration and government; Sulla abolished the equestrian and restored the senatorial courts. Gaius Gracchus or at any rate the Gracchan period had conceded to the equites a special place at the popular festivals, such as the senators had for long possessed;(10) Sulla abolished it and relegated the equites to the plebeian benches.(11) The equestrian order, created as such by Gaius Gracchus, was deprived of its political existence by Sulla. The senate was to exercise the supreme power in legislation, administration, and jurisdiction, unconditionally, indivisibly, and permanently, and was to be distinguished also by outward tokens not merely as a privileged, but as the only privileged, order.
Reorganization of the SenateIts Complement Filled Up by Extraordinary ElectionAdmission to the Senate through the QuaestorshipAbolition of the Censorial Supervision of the Senate
For this purpose the governing board had, first of all, to have its ranks filled up and to be itself placed on a footing of independence. The numbers of the senators had been fearfully reduced by the recent crises. Sulla no doubt now gave to those who were exiled by the equestrian courts liberty to return, for instance to the consular Publius Rutilius Rufus,(12) who however made no use of the permission, and to Gaius Cotta the friend of Drusus;(13) but this made only slight amends for the gaps which the revolutionary and reactionary reigns of terror had created in the ranks of the senate. Accordingly by Sulla's directions the senate had its complement extraordinarily made up by about 300 new senators, whom the assembly of the tribes had to nominate from among men of equestrian census, and whom they selected, as may be conceived, chiefly from the younger men of the senatorial houses on the one hand, and from Sullan officers and others brought into prominence by the last revolution on the other. For the future also the mode of admission to the senate was regulated anew and placed on an essentially different basis. As the constitution had hitherto stood, men entered the senate either through the summons of the censors, which was the proper and ordinary way, or through the holding of one of the three curule magistracies—the consulship, the praetorship, or the aedileship— to which since the passing of the Ovinian law a seat and vote in the senate had been de jure attached.(14) The holding of an inferior magistracy, of the tribunate or the quaestorship, gave doubtless a claim de facto to a place in the senate—inasmuch as the censorial selection especially turned towards the men who had held such offices—but by no means a reversion de jure. Of these two modes of admission, Sulla abolished the former by setting aside—at least practically—the censorship, and altered the latter to the effect that the right of admission to the senate was attached to the quaestorship instead of the aedileship, and at the same time the number of quaestors to be annually nominated was raised to twenty.(15) The prerogative hitherto legally pertaining to the censors, although practically no longer exercised in its original serious sense—of deleting any senator from the roll, with a statement of the reasons for doing so, at the revisals which took place every five years (16)—likewise fell into abeyance for the future; the irremoveable character which had hitherto de facto belonged to the senators was thus finally fixed by Sulla. The total number of senators, which hitherto had presumably not much exceeded the old normal number of 300 and often perhaps had not even reached it, was by these means considerably augmented, perhaps on an average doubled(17)—an augmentation which was rendered necessary by the great increase of the duties of the senate through the transference to it of the functions of jurymen. As, moreover, both the extraordinarily admitted senators and the quaestors were nominated by the -comitia tributa-, the senate, hitherto resting indirectly on the election of the people,(18) was now based throughout on direct popular election; and thus made as close an approach to a representative government as was compatible with the nature of the oligarchy and the notions of antiquity generally. The senate had in course of time been converted from a corporation intended merely to advise the magistrates into a board commanding the magistrates and self-governing; it was only a consistent advance in the same direction, when the right of nominating and cancelling senators originally belonging to the magistrates was withdrawn from them, and the senate was placed on the same legal basis on which the magistrates' power itself rested. The extravagant prerogative of the censors to revise the list of the senate and to erase or add names at pleasure was in reality incompatible with an organized oligarchic constitution. As provision was now made for a sufficient regular recruiting of its ranks by the election of the quaestors, the censorial revisions became superfluous; and by their abeyance the essential principle at the bottom of every oligarchy, the irremoveable character and life-tenure of the members of the ruling order who obtained seat and vote, was definitively consolidated.
Regulations As to the Burgesses
In respect to legislation Sulla contented himself with reviving the regulations made in 666, and securing to the senate the legislative initiative, which had long belonged to it practically, by legal enactment at least as against the tribunes. The burgess-body remained formally sovereign; but so far as its primary assemblies were concerned, while it seemed to the regent necessary carefully to preserve the form, he was still more careful to prevent any real activity on their part. Sulla dealt even with the franchise itself in the most contemptuous manner; he made no difficulty either in conceding it to the new burgess-communities, or in bestowing it on Spaniards and Celts en masse; in fact, probably not without design, no steps were taken at all for the adjustment of the burgess-roll, which nevertheless after so violent revolutions stood in urgent need of a revision, if the government was still at all in earnest with the legal privileges attaching to it. The legislative functions of the comitia, however, were not directly restricted; there was no need in fact for doing so, for in consequence of the better- secured initiative of the senate the people could not readily against the will of the government intermeddle with administration, finance, or criminal jurisdiction, and its legislative co-operation was once more reduced in substance to the right of giving assent to alterations of the constitution.
Co-optation Restored in the Priestly CollegesRegulating of the Qualifications for Office
Of greater moment was the participation of the burgesses in the elections—a participation, with which they seemed not to be able to dispense without disturbing more than Sulla's superficial restoration could or would disturb. The interferences of the movement party in the sacerdotal elections were set aside; not only the Domitian law of 650, which transferred the election of the supreme priesthoods generally to the people,(19) but also the similar older enactments as to the -Pontifex Maximus- and the -Curio Maximus-(20) were cancelled by Sulla, and the colleges of priests received back the right of self-completion in its original absoluteness. In the case of elections to the offices of state, the mode hitherto pursued was on the whole retained; except in so far as the new regulation of the military command to be mentioned immediately certainly involved as its consequence a material restriction of the powers of the burgesses, and indeed in some measure transferred the right of bestowing the appointment of generals from the burgesses to the senate. It does not even appear that Sulla now resumed the previously attempted restoration of the Servian voting-arrangement;(21) whether it was that he regarded the particular composition of the voting- divisions as altogether a matter of indifference, or whether it was that this older arrangement seemed to him to augment the dangerous influence of the capitalists. Only the qualifications were restored and partially raised. The limit of age requisite for the holding of each office was enforced afresh; as was also the enactment that every candidate for the consulship should have previously held the praetorship, and every candidate for the praetorship should have previously held the quaestorship, whereas the aedileship was allowed to be passed over. The various attempts that had been recently made to establish a -tyrannis- under the form of a consulship continued for several successive years led to special rigour in dealing with this abuse; and it was enacted that at least two years should elapse between the holding of one magistracy and the holding of another, and at least ten years should elapse before the same office could be held a second time. In this latter enactment the earlier ordinance of 412 (22) was revived, instead of the absolute prohibition of all re-election to the consulship, which had been the favourite idea of the most recent ultra-oligarchical epoch.(23) On the whole, however, Sulla left the elections to take their course, and sought merely to fetter the power of the magistrates in such a way that—let the incalculable caprice of the comitia call to office whomsoever it might—the person elected should not be in a position to rebel against the oligarchy.
Weakening of the Tribunate of the People
The supreme magistrates of the state were at this period practically the three colleges of the tribunes of the people, the consuls and praetors, and the censors. They all emerged from the Sullan restoration with materially diminished rights, more especially the tribunician office, which appeared to the regent an instrument indispensable doubtless for senatorial government, but yet— as generated by revolution and having a constant tendency to generate fresh revolutions in its turn—requiring to be rigorously and permanently shackled. The tribunician authority had arisen out of the right to annul the official acts of the magistrates by veto, and, eventually, to fine any one who should oppose that right and to take steps for his farther punishment; this was still left to the tribunes, excepting that a heavy fine, destroying as a rule a man's civil existence, was imposed on the abuse of the right of intercession. The further prerogative of the tribune to have dealings with the people at pleasure, partly for the purpose of bringing up accusations and especially of calling former magistrates to account at the bar of the people, partly for the purpose of submitting laws to the vote, had been the lever by which the Gracchi, Saturninus, and Sulpicius had revolutionized the state; it was not abolished, but its exercise was probably made dependent on a permission to be previously requested from the senate.(24) Lastly it was added that the holding of the tribunate should in future disqualify for the undertaking of a higher office—an enactment which, like many other points in Sulla's restoration, once more reverted to the old patrician maxims, and, just as in the times before the admission of the plebeians to the civil magistracies, declared the tribunate and the curule offices to be mutually incompatible. In this way the legislator of the oligarchy hoped to check tribunician demagogism and to keep all ambitious and aspiring men aloof from the tribunate, but to retain it as an instrument of the senate both for mediating between it and the burgesses, and, should circumstances require, for keeping in check the magistrates; and, as the authority of the king and afterwards of the republican magistrates over the burgesses scarcely anywhere comes to light so clearly as in the principle that they exclusively had the right of addressing the people, so the supremacy of the senate, now first legally established, is most distinctly apparent in this permission which the leader of the people had to ask from the senate for every transaction with his constituents.
Limitation of the Supreme MagistracyRegulation of the Consular and Praetorian Functions before—The Time of Sulla
The consulship and praetorship also, although viewed by the aristocratic regenerator of Rome with a more favourable eye than the tribunate liable in itself to be regarded with suspicion, by no means escaped that distrust towards its own instruments which is throughout characteristic of oligarchy. They were restricted with more tenderness in point of form, but in a way very sensibly felt. Sulla here began with the partition of functions. At the beginning of this period the arrangement in that respect stood as follows. As formerly there had devolved on the two consuls the collective functions of the supreme magistracy, so there still devolved on them all those official duties for which distinct functionaries had not been by law established. This latter course had been adopted with the administration of justice in the capital, in which the consuls, according to a rule inviolably adhered to, might not interfere, and with the transmarine provinces then existing—Sicily, Sardinia, and the two Spains—in which, while the consul might no doubt exercise his -imperium-, he did so only exceptionally. In the ordinary course of things, accordingly, the six fields of special jurisdiction— the two judicial appointments in the capital and the four transmarine provinces—were apportioned among the six praetors, while there devolved on the two consuls, by virtue of their general powers, the management of the non-judicial business of the capital and the military command in the continental possessions. Now as this field of general powers was thus doubly occupied, the one consul in reality remained at the disposal of the government; and in ordinary times accordingly those eight supreme annual magistrates fully, and in fact amply, sufficed. For extraordinary cases moreover power was reserved on the one hand to conjoin the non-military functions, and on the other hand to prolong the military powers beyond the term of their expiry (-prorogare-). It was not unusual to commit the two judicial offices to the same praetor, and to have the business of the capital, which in ordinary circumstances had to be transacted by the consuls, managed by the -praetor urbanus-; whereas, as far as possible, the combination of several commands in the same hand was judiciously avoided. For this case in reality a remedy was provided by the rule that there was no interregnum in the military -imperium-, so that, although it had its legal term, it yet continued after the arrival of that term de jure, until the successor appeared and relieved his predecessor of the command; or—which is the same thing— the commanding consul or praetor after the expiry of his term of office, if a successor did not appear, might continue to act, and was bound to do so, in the consul's or praetor's stead. The influence of the senate on this apportionment of functions consisted in its having by use and wont the power of either giving effect to the ordinary rule—so that the six praetors allotted among themselves the six special departments and the consuls managed the continental non-judicial business—or prescribing some deviation from it; it might assign to the consul a transmarine command of especial importance at the moment, or include an extraordinary military or judicial commission—such as the command of the fleet or an important criminal inquiry—among the departments to be distributed, and might arrange the further cumulations and extensions of term thereby rendered necessary. In this case, however, it was simply the demarcation of the respective consular and praetorian functions on each occasion which belonged to the senate, not the designation of the persons to assume the particular office; the latter uniformly took place by agreement among the magistrates concerned or by lot. The burgesses in the earlier period were doubtless resorted to for the purpose of legitimising by special decree of the community the practical prolongation of command that was involved in the non-arrival of relief;(25) but this was required rather by the spirit than by the letter of the constitution, and soon the burgesses ceased from intervention in the matter. In the course of the seventh century there were gradually added to the six special departments already existing six others, viz. the five new governorships of Macedonia, Africa, Asia, Narbo, and Cilicia, and the presidency of the standing commission respecting exactions.(26) With the daily extending sphere of action of the Roman government, moreover, it was a case of more and more frequent occurrence, that the supreme magistrates were called to undertake extraordinary military or judicial commissions. Nevertheless the number of the ordinary supreme annual magistrates was not enlarged; and there thus devolved on eight magistrates to be annually nominated—apart from all else—at least twelve special departments to be annually occupied. Of course it was no mere accident, that this deficiency was not covered once for all by the creation of new praetorships. According to the letter of the constitution all the supreme magistrates were to be nominated annually by the burgesses; according to the new order or rather disorder—under which the vacancies that arose were filled up mainly by prolonging the term of office, and a second year was as a rule added by the senate to the magistrates legally serving for one year, but might also at discretion be refused—the most important and most lucrative places in the state were filled up no longer by the burgesses, but by the senate out of a list of competitors formed by the burgess-elections. Since among these positions the transmarine commands were especially sought after as being the most lucrative, it was usual to entrust a transmarine command on the expiry of their official year to those magistrates whom their office confined either in law or at any rate in fact to the capital, that is, to the two praetors administering justice in the city and frequently also to the consuls; a course which was compatible with the nature of prorogation, since the official authority of supreme magistrates acting in Rome and in the provinces respectively, although differently entered on, was not in strict state-law different in kind.
Regulation of Their Functions by SullaSeparation of the Political and Military AuthorityCisalpine Gaul Erected into a Province
Such was the state of things which Sulla found existing, and which formed the basis of his new arrangement. Its main principles were, a complete separation between the political authority which governed in the burgess-districts and the military authority which governed in the non-burgess-districts, and an uniform extension of the duration of the supreme magistracy from one year to two, the first of which was devoted to civil, and the second to military affairs. Locally the civil and the military authority had certainly been long separated by the constitution, and the former ended at the -pomerium-, where the latter began; but still the same man held the supreme political and the supreme military power united in his hand. In future the consul and praetor were to deal with the senate and burgesses, the proconsul and propraetor were to command the army; but all military power was cut off by law from the former, and all political action from the latter. This primarily led to the political separation of the region of Northern Italy from Italy proper. Hitherto they had stood doubtless in a national antagonism, inasmuch as Northern Italy was inhabited chiefly by Ligurians and Celts, Central and Southern Italy by Italians; but, in a political and administrative point of view, the whole continental territory of the Roman state from the Straits to the Alps including the Illyrian possessions—burgess, Latin, and non-Italian communities without exception—was in the ordinary course of things under the administration of the supreme magistrates who were acting in Rome, as in fact her colonial foundations extended through all this territory. According to Sulla's arrangement Italy proper, the northern boundary of which was at the same time changed from the Aesis to the Rubico, was—as a region now inhabited without exception by Roman citizens—made subject to the ordinary Roman authorities; and it became one of the fundamental principles of Roman state-law, that no troops and no commandant should ordinarily be stationed in this district. The Celtic country south of the Alps on the other hand, in which a military command could not be dispensed with on account of the continued incursions of the Alpine tribes, was constituted a distinct governorship after the model of the older transmarine commands.(27)
Lastly, as the number of praetors to be nominated yearly was raised from six to eight, the new arrangement of the duties was such, that the ten chief magistrates to be nominated yearly devoted themselves, during their first year of office, as consuls or praetors to the business of the capital—the two consuls to government and administration, two of the praetors to the administration of civil law, the remaining six to the reorganized administration of criminal justice—and, during their second year of office, were as proconsuls or propraetors invested with the command in one of the ten governorships: Sicily, Sardinia, the two Spains, Macedonia, Asia, Africa, Narbo, Cilicia, and Italian Gaul. The already-mentioned augmentation of the number of quaestors by Sulla to twenty was likewise connected with this arrangement.(28)
Better Arrangement of BusinessIncrease of the Power of the Senate
By this plan, in the first instance, a clear and fixed rule was substituted for the irregular mode of distributing offices hitherto adopted, a mode which invited all manner of vile manoeuvres and intrigues; and, secondly, the excesses of magisterial authority were as far as possible obviated and the influence of the supreme governing board was materially increased. According to the previous arrangement the only legal distinction in the empire was that drawn between the city which was surrounded by the ring-wall, and the country beyond the -pomerium-; the new arrangement substituted for the city the new Italy henceforth, as in perpetual peace, withdrawn from the regular -imperium-,(29) and placed in contrast to it the continental and transmarine territories, which were, on the other hand, necessarily placed under military commandants—the provinces as they were henceforth called. According to the former arrangement the same man had very frequently remained two, and often more years in the same office. The new arrangement restricted the magistracies of the capital as well as the governorships throughout to one year; and the special enactment that every governor should without fail leave his province within thirty days after his successor's arrival there, shows very clearly—particularly if we take along with it the formerly-mentioned prohibition of the immediate re-election of the late magistrate to the same or another public office—what the tendency of these arrangements was. It was the time-honoured maxim by which the senate had at one time made the monarchy subject to it, that the limitation of the magistracy in point of function was favourable to democracy, and its limitation in point of time favourable to oligarchy. According to the previous arrangement Gaius Marius had acted at once as head of the senate and as commander-in-chief of the state; if he had his own unskilfulness alone to blame for his failure to overthrow the oligarchy by means of this double official power, care seemed now taken to prevent some possibly wiser successor from making a better use of the same lever. According to the previous arrangement the magistrate immediately nominated by the people might have had a military position; the Sullan arrangement, on the other hand, reserved such a position exclusively for those magistrates whom the senate confirmed in their official authority by prolonging their term of office. No doubt this prolongation of office had now become a standing usage; but it still—so far as respects the auspices and the name, and constitutional form in general—continued to be treated as an extraordinary extension of their term. This was no matter of indifference. The burgesses alone could depose the consul or praetor from his office; the proconsul and propraetor were nominated and dismissed by the senate, so that by this enactment the whole military power, on which withal everything ultimately depended, became formally at least dependent on the senate.