The History of Rome, Book II

Character of Latin Art

Let us now turn from Etruria to glance at Latium. The latter, it is true, created no new art; it was reserved for a far later epoch of culture to develop on the basis of the arch a new architecture different from the Hellenic, and then to unfold in harmony with that architecture a new style of sculpture and painting. Latin art is nowhere original and often insignificant; but the fresh sensibility and the discriminating tact, which appropriate what is good in others, constitute a high artistic merit. Latin art seldom became barbarous, and in its best products it comes quite up to the level of Greek technical execution. We do not mean to deny that the art of Latium, at least in its earlier stages, had a certain dependence on the undoubtedly earlier Etruscan;233 Varro may be quite right in supposing that, previous to the execution by Greek artists of the clay figures in the temple of Ceres,234 only "Tuscanic" figures adorned the Roman temples; but that, at all events, it was mainly the direct influence of the Greeks that led Latin art into its proper channel, is self-evident, and is very obviously shown by these very statues as well as by the Latin and Roman coins. Even the application of graving on metal in Etruria solely to the toilet mirror, and in Latium solely to the toilet casket, indicates the diversity of the art-impulses that affected the two lands. It does not appear, however, to have been exactly at Rome that Latin art put forth its freshest vigour; the Roman -asses- and Roman -denarii- are far surpassed in fineness and taste of workmanship by the Latin copper, and the rare Latin silver, coins, and the masterpieces of painting and design belong chiefly to Praeneste, Lanuvium, and Ardea. This accords completely with the realistic and sober spirit of the Roman republic which we have already described—a spirit which can hardly have asserted itself with equal intensity in other parts of Latium. But in the course of the fifth century, and especially in the second half of it, there was a mighty activity in Roman art. This was the epoch, in which the construction of the Roman arches and Roman roads began; in which works of art like the she-wolf of the Capitol originated; and in which a distinguished man of an old Roman patrician clan took up his pencil to embellish a newly constructed temple and thence received the honorary surname of the "Painter." This was not accident. Every great age lays grasp on all the powers of man; and, rigid as were Roman manners, strict as was Roman police, the impulse received by the Roman burgesses as masters of the peninsula or, to speak more correctly, by Italy united for the first time as one state, became as evident in the stimulus given to Latin and especially to Roman art, as the moral and political decay of the Etruscan nation was evident in the decline of art in Etruria. As the mighty national vigour of Latium subdued the weaker nations, it impressed its imperishable stamp also on bronze and on marble.

TABLE OF CALENDAR EQUIVALENTS

A.U.C.235 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

1

I. IX. The Tarquins

2

The well-known fable for the most part refutes itself. To a considerable extent it has been concocted for the explanation of surnames (-Brutus-, -Poplicola-, -Scaevola-). But even its apparently historical ingredients are found on closer examination to have been invented. Of this character is the statement that Brutus was captain of the horsemen (-tribunus celerum-) and in that capacity proposed the decree of the people as to the banishment of the Tarquins; for, according to the Roman constitution, it is quite impossible that a mere officer should have had the right to convoke the curies. The whole of this statement has evidently been invented with the view of furnishing a legal basis for the Roman republic; and very ill invented it is, for in its case the -tribunus celerum- is confounded with the entirely different -magister equitum- (V. Burdens Of The Burgesses f.), and then the right of convoking the centuries which pertained to the latter by virtue of his praetorian rank is made to apply to the assembly of the curies.

3

-Consules- are those who "leap or dance together," as -praesul- is one who "leaps before," -exsul-, one who "leaps out" (—o ekpeson—), -insula-, a "leap into," primarily applied to a mass of rock fallen into the sea.

4

The day of entering on office did not coincide with the beginning of the year (1st March), and was not at all fixed. The day of retiring was regulated by it, except when a consul was elected expressly in room of one who had dropped out (-consul suffectus-); in which case the substitute succeeded to the rights and consequently to the term of him whom he replaced. But these supplementary consuls in the earlier period only occurred when merely one of the consuls had dropped out: pairs of supplementary consuls are not found until the later ages of the republic. Ordinarily, therefore, the official year of a consul consisted of unequal portions of two civil years.

5

I. V. The King

6

I. XI. Crimes

7

I. V. Prerogatives of the Senate

8

I. V. The King

9

I. V. The King

10

I. VI. Dependents and Guests

11

I. VI. Political Effects of the Servian Military Organization

12

I. V. The Senate as State Council

13

I. V. Prerogatives of the Senate

14

That the first consuls admitted to the senate 164 plebeians, is hardly to be regarded as a historical fact, but rather as a proof that the later Roman archaeologists were unable to point out more than 136 -gentes- of the Roman nobility (Rom, Forsch. i. 121).

15

It may not be superfluous to remark, that the -iudicium legitimum-, as well as that -quod imperio continetur-, rested on the imperium of the directing magistrate, and the distinction only consisted in the circumstance that the -imperium- was in the former case limited by the -lex-, while in the latter it was free.

16

II. I. Restrictions on the Delegation of Powers

17

II. I. Right of Appeal

18

I. XIII. Landed proprietors

19

I. VI. Character of the Roman Law

20

II. I. Collegiate Arrangement

21

I. XI. Property

22

I. XI. Punishment of Offenses against Order

23

That the plebeian aediles were formed after the model of the patrician quaestors in the same way as the plebeian tribunes after the model of the patrician consuls, is evident both as regards their criminal functions (in which the distinction between the two magistracies seems to have lain in their tendencies only, not in their powers) and as regards their charge of the archives. The temple of Ceres was to the aediles what the temple of Saturn was to the quaestors, and from the former they derived their name. Significant in this respect is the enactment of the law of 305 (Liv. iii. 55), that the decrees of the senate should be delivered over to the aediles there (p. 369), whereas, as is well known, according to the ancient —and subsequently after the settlement of the struggles between the orders, again preponderant—practice those decrees were committed to the quaestors for preservation in the temple of Saturn.

24

I. VI. Levy Districts

25

I. III. Clan-Villages

26

II. II. Secession to the Sacred mount

27

II. II. Intercession

28

II. II. Legislation

29

The hypothesis that legally the full -imperium- belonged to the patrician, and only the military -imperium- to the plebeian, consular tribunes, not only provokes various questions to which there is no answer—as to the course followed, for example, in the event of the election falling, as was by law quite possible, wholly on plebeians —but specially conflicts with the fundamental principle of Roman constitutional law, that the -imperium-, that is to say, the right of commanding the burgess in name of the community, was functionally indivisible and capable of no other limitation at all than a territorial one. There was a province of urban law and a province of military law, in the latter of which the -provocatio- and other regulations of urban law were not applicable; there were magistrates, such as the proconsuls, who were empowered to discharge functions simply in the latter; but there were, in the strict sense of law, no magistrates with merely jurisdictional, as there were none with merely military, -imperium-. The proconsul was in his province, just like the consul, at once commander-in-chief and supreme judge, and was entitled to send to trial actions not only between non-burgesses and soldiers, but also between one burgess and another. Even when, on the institution of the praetorship, the idea rose of apportioning special functions to the -magistratus maiores-, this division of powers had more of a practical than of a strictly legal force; the -praetor urbanus- was primarily indeed the supreme judge, but he could also convoke the centuries, at least for certain cases, and could command an army; the consul in the city held primarily the supreme administration and the supreme command, but he too acted as a judge in cases of emancipation and adoption—the functional indivisibility of the supreme magistracy was therefore, even in these instances, very strictly adhered to on both sides. Thus the military as well as jurisdictional authority, or, laying aside these abstractions foreign to the Roman law of this period, the absolute magisterial power, must have virtually pertained to the plebeian consular tribunes as well as to the patrician. But it may well be, as Becker supposes (Handb. ii. 2, 137), that, for the same reasons, for which at a subsequent period there was placed alongside of the consulship common to both orders the praetorship actually reserved for a considerable time for the patricians, even during the consular tribunate the plebeian members of the college were -de facto- kept aloof from jurisdiction, and so far the consular tribunate prepared the way for the subsequent actual division of jurisdiction between consuls and praetors.

30

I. VI. Political Effects of the Servian Military Organization

31

The defence, that the aristocracy clung to the exclusion of the plebeians from religious prejudice, mistakes the fundamental character of the Roman religion, and imports into antiquity the modern distinction between church and state. The admittance of a non-burgess to a religious ceremony of the citizens could not indeed but appear sinful to the orthodox Roman; but even the most rigid orthodoxy never doubted that admittance to civic communion, which absolutely and solely depended on the state, involved also full religious equality. All such scruples of conscience, the honesty of which in themselves we do not mean to doubt, were precluded, when once they granted to the plebeians -en masse- at the right time the patriciate. This only may perhaps be alleged by way of excuse for the nobility, that after it had neglected the right moment for this purpose at the abolition of the monarchy, it was no longer in a position subsequently of itself to retrieve the neglect (II. I. The New Community).

32

Whether this distinction between these "curule houses" and the other families embraced within the patriciate was ever of serious political importance, cannot with certainty be either affirmed or denied; and as little do we know whether at this epoch there really was any considerable number of patrician families that were not yet curule.

33

II. II. The Valerio-Horatian Laws

34

I. XII. Foreign Worships

35

II. I. Senate,

36

II. I. Senate, II. III. Opposition of the Patriciate

37

II. II. Legislation of the Twelve Tables

38

II. III. Equivalence Law and Plebiscitum

39

The statements as to the poverty of the consulars of this period, which play so great a part in the moral anecdote-books of a later age, mainly rest on a misunderstanding on the one hand of the old frugal economy—which might very well consist with considerable prosperity —and on the other hand of the beautiful old custom of burying men who had deserved well of the state from the proceeds of penny collections —which was far from being a pauper burial. The method also of explaining surnames by etymological guess-work, which has imported so many absurdities into Roman history, has furnished its quota to this belief (-Serranus-).

40

II. II. The Valerio-Horatian Laws

41

II. III. Equivalence Law and Plebiscitum

42

II. I. Restrictions on the Delegation of Powers

43

II. III. Increasing Powers of the Burgesses

44

Any one who compares the consular Fasti before and after 412 will have no doubt as to the existence of the above-mentioned law respecting re-election to the consulate; for, while before that year a return to office, especially after three or four years, was a common occurrence, afterwards intervals of ten years and more were as frequent. Exceptions, however, occur in very great numbers, particularly during the severe years of war 434-443. On the other hand, the principle of not allowing a plurality of offices was strictly adhered to. There is no certain instance of the combination of two of the three ordinary curule (Liv. xxxix. 39, 4) offices (the consulate, praetorship, and curule aedileship), but instances occur of other combinations, such as of the curule aedileship and the office of master of the horse (Liv. xxiii. 24, 30); of the praetorship and censorship (Fast. Cap. a. 501); of the praetorship and the dictatorship (Liv. viii. 12); of the consulate and the dictatorship (Liv. viii. 12).

45

II. I. Senate

46

Hence despatches intended for the senate were addressed to Consuls, Praetors, Tribunes of the Plebs, and Senate (Cicero, ad Fam. xv. 2, et al.)

47

I. V. The Senate

48

II. I. Senate

49

II. III. Censorship

50

This prerogative and the similar ones with reference to the equestrian and burgess-lists were perhaps not formally and legally assigned to the censors, but were always practically implied in their powers. It was the community, not the censor, that conferred burgess-rights; but the person, to whom the latter in making up the list of persons entitled to vote did not assign a place or assigned an inferior one, did not lose his burgess-right, but could not exercise the privileges of a burgess, or could only exercise them in the inferior place, till the preparation of a new list. The same was the case with the senate; the person omitted by the censor from his list ceased to attend the senate, as long as the list in question remained valid—unless the presiding magistrate should reject it and reinstate the earlier list. Evidently therefore the important question in this respect was not so much what was the legal liberty of the censors, as how far their authority availed with those magistrates who had to summon according to their lists. Hence it is easy to understand how this prerogative gradually rose in importance, and how with the increasing consolidation of the nobility such erasures assumed virtually the form of judicial decisions and were virtually respected as such. As to the adjustment of the senatorial list undoubtedly the enactment of the Ovinian -plebiscitum- exercised a material share of influence—that the censors should admit to the senate "the best men out of all classes."

51

II. III. The Burgess-Body. Its Composition

52

II. III. Complete Opening Up of Magistracies and Priesthoods

53

II. III. Restrictions as to the Accumulation and the Reoccupation of Offices

54

II. III. Partition and Weakening of Consular Powers

55

I. X. Phoenicians and Italians in Opposition to the Hellenes

56

—Fiaron o Deinomeneos kai toi Surakosioi toi Di Turan apo Kumas.—

57

I. X. Home of the Greek Immigrants

58

Hecataeus (after 257 u. c.) and Herodotus also (270-after 345) only know Hatrias as the delta of the Po and the sea that washes its shores (O. Muller, Etrusker, i. p. 140; Geogr. Graeci min. ed. C. Muller, i. p. 23). The appellation of Adriatic sea, in its more extended sense, first occurs in the so-called Scylax about 418 U. C.

59

II. II. Coriolanus

60

-Pleraque Gallia duas res industriosissime persequitur: rem militarem et argute loqui- (Cato, Orig, l. ii. fr. 2. Jordan).

61

It has recently been maintained by expert philologists that there is a closer affinity between the Celts and Italians than there is even between the latter and the Hellenes. In other words they hold that the branch of the great tree, from which the peoples of Indo-Germanic extraction in the west and south of Europe have sprung, divided itself in the first instance into Greeks and Italo-Celts, and that the latter at a considerably later period became subdivided into Italians and Celts. This hypothesis commends itself much to acceptance in a geographical point of view, and the facts which history presents may perhaps be likewise brought into harmony with it, because what has hitherto been regarded as Graeco-Italian civilization may very well have been Graeco-Celto-Italian—in fact we know nothing of the earliest stage of Celtic culture. Linguistic investigation, however, seems not to have made as yet such progress as to warrant the insertion of its results in the primitive history of the peoples.

62

The legend is related by Livy, v. 34, and Justin, xxiv. 4, and Caesar also has had it in view (B. G. vi. 24). But the association of the migration of Bellovesus with the founding of Massilia, by which the former is chronologically fixed down to the middle of the second century of Rome, undoubtedly belongs not to the native legend, which of course did not specify dates, but to later chronologizing research; and it deserves no credit. Isolated incursions and immigrations may have taken place at a very early period; but the great overflowing of northern Italy by the Celts cannot be placed before the age of the decay of the Etruscan power, that is, not before the second half of the third century of the city.

In like manner, after the judicious investigations of Wickham and Cramer, we cannot doubt that the line of march of Bellovesus, like that of Hannibal, lay not over the Cottian Alps (Mont Genevre) and through the territory of the Taurini, but over the Graian Alps (the Little St. Bernard) and through the territory of the Salassi. The name of the mountain is given by Livy doubtless not on the authority of the legend, but on his own conjecture.

Whether the representation that the Italian Boii came through the more easterly pass of the Poenine Alps rested on the ground of a genuine legendary reminiscence, or only on the ground of an assumed connection with the Boii dwelling to the north of the Danube, is a question that must remain undecided.

63

This is according to the current computation 390 B. C.; but, in fact, the capture of Rome occurred in Ol. 98, 1 = 388 B. C., and has been thrown out of its proper place merely by the confusion of the Roman calendar.

64

I. XIV. Development of Alphabets in Italy

65

I. VII. Relation of Rome to Latium

66

The original equality of the two armies is evident from Liv. i. 52; viii. 8, 14, and Dionys. viii, 15; but most clearly from Polyb. vi. 26.

67

Dionysius (viii. 15) expressly states, that in the later federal treaties between Rome and Latium the Latin communities were interdicted from calling out their contingents of their own motion and sending them into the field alone.

68

These Latin staff-officers were the twelve -praefecti sociorum-, who subsequently, when the old phalanx had been resolved into the later legions and -alae-, had the charge of the two -alae- of the federal contingents, six to each -ala-, just as the twelve war-tribunes of the Roman army had charge of the two legions, six to each legion. Polybius (vi. 26, 5) states that the consul nominated the former, as he originally nominated the latter. Now, as according to the ancient maxim of law, that every person under obligation of service might become an officer (p. 106), it was legally allowable for the general to appoint a Latin as leader of a Roman, as well as conversely a Roman as leader of a Latin, legion, this led to the practical result that the -tribuni militum- were wholly, and the -praefecti sociorum- at least ordinarily, Romans.

69

These were the -decuriones turmarum- and -praefecti cohortium- (Polyb. vi. 21, 5; Liv. xxv. 14; Sallust. Jug. 69, et al.) Of course, as the Roman consuls were in law and ordinarily also in fact commanders-in-chief, the presidents of the community in the dependent towns also were perhaps throughout, or at least very frequently, placed at the head of the community-contingents (Liv. xxiii. 19; Orelli, Inscr. 7022). Indeed, the usual name given to the Latin magistrates (-praetores-) indicates that they were officers.

70

Such a —metoikos— was not like an actual burgess assigned to a specific voting district once for all, but before each particular vote the district in which the —metoeci— were upon that occasion to vote was fixed by lot. In reality this probably amounted to the concession to the Latins of one vote in the Roman -comitia tributa-. As a place in some tribe was a preliminary condition of the ordinary centuriate suffrage, if the —metoeci— shared in the voting in the assembly of the centuries-which we do not know-a similar allotment must have been fixed for the latter. In the curies they must have taken part like the plebeians.

71

II. I. Abolition of the Life-Presidency of the Community

72

Ordinarily, as is well known, the Latin communities were presided over by two praetors. Besides these there occur in several communities single magistrates, who in that case bear the title of dictator; as in Alba (Orelli-Henzen, Inscr. 2293), Tusculum (p. 445, note 2), Lanuvium (Cicero, pro Mil. 10, 27; 17, 45; Asconius, in Mil. p. 32, Orell.; Orelli, n. 2786, 5157, 6086); Compitum (Orelli, 3324); Nomentum (Orelli, 208, 6138, 7032; comp. Henzen, Bullett. 1858, p. 169); and Aricia (Orelli, n. 1455). To these falls to be added the similar dictator in the -civitas sine suffragio- of Caere (Orelli, n. 3787, 5772; also Garrucci Diss. arch., i. p. 31, although erroneously placed after Sutrium); and further the officials of the like name at Fidenae (Orelli, 112). All these magistracies or priesthoods that originated in magistracies (the dictator of Caere is to be explained in accordance with Liv. ix. 43: -Anagninis—magistratibus praeter quam sacrorum curatione interdictum-), were annual (Orelli, 208). The statement of Macer likewise and of the annalists who borrowed from him, that Alba was at the time of its fall no longer under kings, but under annual directors (Dionys. v. 74; Plutarch, Romul. 27; Liv. i. 23), is presumably a mere inference from the institution, with which he was acquainted, of the sacerdotal Alban dictatorship which was beyond doubt annual like that of Nomentum; a view in which, moreover, the democratic partisanship of its author may have come into play. It may be a question whether the inference is valid, and whether, even if Alba at the time of its dissolution was under rulers holding office for life, the abolition of monarchy in Rome might not subsequently lead to the conversion of the Alban dictatorship into an annual office.