CHAPTER XXVIII.

SECOND CIVIL WAR.--SULLA'S DICTATORSHIP, LEGISLATION, AND DEATH, B.C.

83-78.

Sulla landed at Brundisium in the spring of B.C. 83, in the Consulship

of L. Scipio and C. Norbanus. During the preceding year he had written

to the Senate, recounting the services he had rendered to the

commonwealth, complaining of the ingratitude with which he had been

treated, announcing his speedy return to Italy, and threatening to take

vengeance upon his enemies and those of the Republic. The Senate, in

alarm, sent an embassy to Sulla to endeavor to bring about a

reconciliation between him and his enemies, and meantime ordered the

Consuls Cinna and Carbo to desist from levying troops and making farther

preparations for war. Cinna and Carbo gave no heed to this command; they

knew that a reconciliation was impossible, and resolved to carry over an

army to Dalmatia, in order to oppose Sulla in Greece; but, after one

detachment of their troops had embarked, the rest of the soldiers rose

in mutiny, and murdered Cinna. The Marian party had thus lost their

chief leader, but continued nevertheless to make every preparation to

resist Sulla, for they were well aware that he would never forgive them,

and that their only choice lay between victory and destruction. Besides

this the Italians were ready to support them, as these new citizens

feared that Sulla would deprive them of the rights which they had lately

obtained after so much bloodshed. The Marian party had every prospect of

victory, for their troops far exceeded those of their opponent. They had

200,000 men in arms, while Sulla landed at Brundusium with only 30,000,

or at the most 40,000 men. But, on the other hand, the popular party had

no one of sufficient influence and military reputation to take the

supreme command in the war; their vast forces were scattered about

Italy, in different armies, under different generals; the soldiers had

no confidence in their commanders, and no enthusiasm in their cause; and

the consequence was, that whole hosts of them deserted to Sulla on the

first opportunity. Sulla's soldiers, on the contrary, were veterans, who

had frequently fought by each other's sides, and had acquired that

confidence in themselves and in their general which frequent victories

always give. Still, if the Italians had remained faithful to the cause

of the Marian party, Sulla would hardly have conquered, and therefore

one of his first cares after landing at Brundusium was to detach them

from his enemies. For this purpose he would not allow his troops to do

any injury to the towns or fields of the Italians in his march from

Brundusium through Calabria and Apulia, and he formed separate treaties

with many of the Italian towns, by which he secured to them all the

rights and privileges of Roman citizens which they then enjoyed. Among

the Italians the Samnites continued to be the most formidable enemies of

Sulla. They had joined the Marian party, not simply with the design of

securing the supremacy for the latter, but with the hope of conquering

Rome by their means, and then destroying forever their hated oppressor.

Thus this Civil war became merely another phase of the Social war, and

the struggle between Rome and Samnium for the supremacy of the peninsula

was renewed after the subjection of the latter for more than two hundred

years.

Sulla marched from Apulia into Campania without meeting with any

resistance. In Campania he gained his first victory over the Consul

Norbanus, who was defeated with great loss, and obliged to take refuge

in Capua. His colleague Scipio, who was at no great distance, willingly

accepted a truce which Sulla offered him, although Sertorius, the ablest

of the Marian generals, warned him against entering into any

negotiations. His caution was justified by the event. By means of his

emissaries Sulla seduced the troops of Scipio, who at length found

himself deserted by all his soldiers, and was taken prisoner in his

tent. Sulla, however, dismissed him uninjured. On hearing of this, Carbo

is said to have observed "that he had to contend in Sulla both with a

lion and a fox, but that the fox gave him more trouble." Many

distinguished Romans meantime had taken up arms on behalf of Sulla. Cn.

Pompey, the son of Cn. Pompeius Strabo, then only twenty-three years of

age, levied three legions in Picenum and the surrounding districts; and

Q. Metellus Pius, M. Crassus, M. Lucullus, and several others, offered

their services as legates. It was not, however, till the following year

(B.C. 82) that the struggle was brought to a decisive issue. The Consuls

of this year were Cn. Papirius Carbo and the younger Marius, the former

of whom was intrusted with the protection of Etruria and Umbria, while

the latter had to guard Rome and Latium. Sulla appears to have passed

the winter at Campania. At the commencement of spring he advanced

against the younger Marius, who had concentrated all his forces at

Sacriportus, and defeated him with great loss. Marius took refuge in

Præneste; and Sulla, after leaving Q. Lucretius Ofella with a large

force to blockade the town, marched with the main body of his army to

Rome. Marius was resolved not to perish unavenged, and accordingly,

before Sulla could reach Rome, he sent orders to L. Damasippus, the

Prætor, to put to death all his leading opponents. His orders were

faithfully obeyed. Q. Mucius Scævola, the Pontifex Maximus and jurist,

P. Antistius, L. Domitius, and many other distinguished men, were

butchered, and their corpses thrown into the Tiber. Sulla entered the

city without opposition, and marched against Carbo, who had been

previously opposed by Pompey and Metellus. The history of this part of

the war is involved in great obscurity. Carbo made two efforts to

relieve Præneste, but failed in each; and, after fighting with various

fortune against Pompey, Metellus, and Sulla, he at length embarked for

Africa, despairing of farther success in Italy. Meantime Rome had nearly

fallen into the hands of the enemy. The Samnites and Lucanians, under

Pontius Telesinus and L. Lamponius, after attempting to relieve

Præneste, resolved to march straight upon Rome, which had been left

without an army for its protection. Sulla arrived barely in time to save

the city. The battle was fought before the Colline Gate; it was long and

obstinately contested; the combat was not simply for the supremacy of a

party; the very existence of Rome was at stake, for Pontius had declared

that he would raze the city to the ground. The left wing, where Sulla

commanded in person, was driven off the field by the vehemence of the

enemy's charge; but the success of the right wing, which was commanded

by Crassus, enabled Sulla to restore the battle, and at length gain a

complete victory. Fifty thousand men were said to have fallen on each

side. All the most distinguished leaders of the Marian party either

perished in the engagement, or were taken prisoners and put to death.

Among these was the brave Samnite Pontius, whose head was cut off and

carried under the walls of Præneste, thereby announcing to the young

Marius that his last hope of succour was gone. To the Samnite prisoners

Sulla showed no mercy. He was resolved to root out of the peninsula

those heroic enemies of Rome. On the third day after the battle he

collected all the Samnite and Lucanian prisoners in the Campus Martius,

and ordered his soldiers to cut them down. The dying shrieks of so many

victims frightened the Senators, who had been assembled at the same time

by Sulla in the temple of Bellona; but he bade them attend to what he

was saying, and not mind what was taking place outside, as he was only

chastising some rebels. Præneste surrendered soon afterward. The Romans

in the town were pardoned; but all the Samnites and Prænestines were

massacred without mercy. The younger Marius put an end to his own life.

The war in Italy was now virtually at an end, for the few towns which

still held out had no prospect of offering any effectual opposition, and

were reduced soon afterward. In other parts of the Roman world the war

continued still longer, and Sulla did not live to see its completion.

The armies of the Marian party in Sicily and Africa were subdued by

Pompey in the course of the same year; but Sertorius in Spain continued

to defy all the attempts of the Senate till B.C. 72.

Sulla was now master of Rome. He had not commenced the Civil war, but

had been driven to it by the mad ambition of Marius. His enemies had

attempted to deprive him of the command in the Mithridatic war, which

had been legally conferred upon him by the Senate; and while he was

righting the battles of the Republic they had declared him a public

enemy, confiscated his property, and murdered the most distinguished of

his friends and adherents. For all these wrongs Sulla had threatened to

take the most ample vengeance; and he more than redeemed his word. He

resolved to extirpate the popular party root and branch. One of his

first acts was to draw up a list of his enemies who were to be put to

death, which list was exhibited in the forum to public inspection, and

called a _Proscriptio_. It was the first instance of the kind in Roman

history. All persons in this list were outlaws who might be killed by

any one with impunity; their property was confiscated to the state;

their children and grandchildren lost their votes in the comitia, and

were excluded from all public offices. Farther, all who killed a

proscribed person, or indicated the place of his concealment, received

two talents as a reward, and whoever sheltered such a person was

punished with death. Terror now reigned not only at Rome, but throughout

Italy. Fresh lists of the proscribed constantly appeared. No one was

safe; for Sulla gratified his friends by placing in the fatal lists

their personal enemies, or persons whose property was coveted by his

adherents. An estate, a house, or even a piece of plate, was to many a

man, who belonged to no political party, his death-warrant; for,

although the confiscated property belonged to the state, and had to be

sold by public auction, the friends and dependents of Sulla purchased it

at a nominal price, as no one dared to bid against them. Oftentimes

Sulla did not require the purchase-money to be paid at all, and in many

cases he gave such property to his favorites without even the formality

of a sale. The number of persons who perished by the proscriptions

amounted to many thousands. At the commencement of these horrors Sulla

had been appointed Dictator. As both the Consuls had perished, he caused

the Senate to elect Valerius Flaccus interrex, and the latter brought

before the people a rogatio, conferring the Dictatorship upon Sulla, for

the purpose of restoring order to the Republic, and for as long a time

as he judged to be necessary. Thus the Dictatorship was revived after

being in abeyance for more than 120 years, and Sulla obtained absolute

power over the lives and fortunes of all the citizens. This was toward

the close of B.C. 81. Sulla's great object in being invested with the

Dictatorship was to carry into execution in a legal manner the great

reforms which he meditated in the constitution and the administration of

justice, by which he hoped to place the government of the Republic on a

firm and secure basis. He had no intention of abolishing the Republic,

and consequently he caused Consuls to be elected for the following year,

B.C. 81, and was elected to the office himself in B.C. 80, while he

continued to hold the Dictatorship.

At the beginning of B.C. 81 Sulla celebrated a splendid triumph on

account of his victory over Mithridates. In a speech which he delivered

to the people at the close of the gorgeous ceremony, he claimed for

himself the surname of _Felix_, as he attributed his success in life to

the favor of the gods. All ranks in Rome bowed in awe before their

master; and among other marks of distinction which were voted to him by

the obsequious Senate, a gilt equestrian statue was erected to his honor

before the Rostra, bearing the inscription "Cornelio Sullæ Imperatori

Felici."

During the years B.C. 80 and 79 Sulla carried into execution his various

reforms in the constitution, of which an account is given at the end of

this chapter. At the same time he established many military colonies

throughout Italy. The inhabitants of the Italian towns which had fought

against Sulla were deprived of the full Roman franchise which had been

lately conferred upon them; their lands were confiscated and given to

the soldiers who had fought under him. A great number of these colonies

were settled in Etruria. They had the strongest interest in upholding

the institutions of Sulla, since any attempt to invalidate the latter

would have endangered their newly-acquired possessions. But, though they

were a support to the power of Sulla, they hastened the fall of the

commonwealth; an idle and licentious soldiery supplanted an industrious

agricultural population; and Catiline found nowhere more adherents than

among the military colonies of Sulla. While Sulla thus established

throughout Italy a population devoted to his interests, he created at

Rome a kind of body-guard for his protection by giving the citizenship

to a great number of slaves belonging to those who had been proscribed

by him. The slaves thus rewarded are said to have been as many as

10,000, and were called Cornelii after him as their patron.

Sulla had completed his reforms by the beginning of B.C. 79; and as he

longed for the undisturbed enjoyment of his pleasures, he resigned his

Dictatorship, and declared himself ready to render an account of his

conduct while in office. This voluntary abdication by Sulla of the

sovereignty of the Roman world has excited the astonishment and

admiration of both ancient and modern writers. But it is evident that

Sulla never contemplated, like Julius Cæsar, the establishment of a

monarchical form of government; and it must be recollected that he could

retire into a private station without any fear that attempts would be

made against his life or his institutions. The ten thousand Cornelii at

Rome and his veterans stationed throughout Italy, as well as the whole

strength of the aristocratical party, secured him against all danger.

Even in his retirement his will was law, and shortly before his death he

ordered his slaves to strangle a magistrate of one of the towns in Italy

because he was a public defaulter.

After resigning his Dictatorship, Sulla retired to his estate at

Puteoli, and there, surrounded by the beauties of nature and art, he

passed the remainder of his life in those literary and sensual

enjoyments in which he had always taken so much pleasure. He died in

B.C. 78, in the sixtieth year of his age. The immediate cause of his

death was the rupture of a blood-vessel, but some time before he had

been suffering from the disgusting disease which is known in modern

times by the name of Morbus Pediculosus. The Senate, faithful to the

last, resolved to give him the honor of a public funeral. This was,

however, opposed by the Consul Lepidus, who had resolved to attempt the

repeal of Sulla's laws; but the Dictator's power continued unshaken

even after his death. The veterans were summoned from their colonies,

and Q. Catulus, L. Lucullus, and Cn. Pompey placed themselves at their

head. Lepidus was obliged to give way, and allowed the funeral to take

place without interruption. It was a gorgeous pageant. The Magistrates,

the Senate, the Equites, the Priests, and the Vestal virgins, as well as

the veterans, accompanied the funeral procession to the Campus Martius,

where the corpse was burnt according to the wish of Sulla himself, who

feared that his enemies might insult his remains, as he had done those

of Marius, which had been taken out of the grave and thrown into the

Anio at his command. It had been previously the custom of the Cornelia

gens to bury and not burn their dead. A monument was erected to Sulla in

the Campus Martius, the inscription on which he is said to have composed

himself. It stated that none of his friends ever did him a kindness, and

none of his enemies a wrong, without being fully repaid.

* * * * *

All the reforms of Sulla were effected by means of _Leges_, which were

proposed by him in the Comitia Centuriata, and bore the general name of

_Leges Corneliæ_. They may be divided into four classes: laws relating

to the constitution, to the ecclesiastical corporations, to the

administration of justice, and to the improvement of public morals.

Their general object and design was to restore, as far as possible, the

ancient Roman Constitution, and to give again to the Senate and the

Nobility that power of which they had been gradually deprived by the

leaders of the popular party. His Constitution did not last, because the

aristocracy were thoroughly selfish and corrupt, and exercised the power

which Sulla had intrusted to them only for their own aggrandizement.

Their shameless conduct soon disgusted the provinces as well as the

capital; the people again regained their power, but the consequence was

an anarchy and not a government; and as neither class was fit to rule,

they were obliged to submit to the dominion of a single man. Thus the

empire became a necessity to the exhausted Roman world.

* * * * *

I. _Laws relating to the Constitution._--Sulla deprived the Comitia

Tributa of their legislative and judicial powers; but he allowed them to

elect the Tribunes, Ædiles, Quæstors, and other inferior magistrates.

This seems to have been the only purpose for which they were called

together. The Comitia Centuriata, on the other hand, were allowed to

retain their right of legislation unimpaired. He restored, however, the

ancient regulation, which had fallen into desuetude, that no matter

should be brought before them without the previous sanction of a senatus

consultum.

The Senate had been so much reduced in numbers by the proscriptions of

Sulla, that he was obliged to fill up the vacancies by the election of

three hundred new members. But he made no alteration in their duties and

functions, as the whole administration of the state was in their hands;

and he gave them the initiative in legislation by requiring a previous

senatus consultum respecting all measures that were to be submitted to

the Comitia, as already stated.

With respect to the magistrates, Sulla increased the number of Quæstors

from eight to twenty, and of Prætors from six to eight. He renewed the

old law that no one should hold the Prætorship before he had been

Quæstor, nor the Consulship before he had been Prætor. He also renewed

the law that no one should be elected to the same magistracy till after

the expiration of ten years.

One of the most important of Sulla's reforms related to the Tribunate,

which he deprived of all real power. He took away from the Tribunes the

right of proposing a rogation of any kind to the Tribes, or of

impeaching any person before them; and he appears to have limited the

right of intercession to their giving protection to private persons

against the unjust decisions of magistrates, as, for instance, in the

enlisting of soldiers. To degrade the Tribunate still lower, Sulla

enacted that whoever had held this office forfeited thereby all right to

become a candidate for any of the higher curule offices, in order that

all persons of rank, talent, and wealth might be deterred from holding

an office which would be a fatal impediment to rising any higher in the

state. He also required persons to be Senators before they could become

Tribunes.

* * * * *

II. _Laws relating to the Ecclesiastical Corporations._--Sulla repealed

the Lex Domitia, which gave to the Comitia Tributa the right of electing

the members of the great ecclesiastical corporations, and restored to

the latter the right of co-optatio, or self-election. At the same time,

he increased the number of Pontiffs and Augurs to fifteen respectively.

* * * * *

III. _Laws relating to the Administration of Justice._--Sulla

established permanent courts for the trial of particular offenses, in

each of which a Prætor presided. A precedent for this had been given by

the Lex Calpurnia of the Tribune L. Calpurnius Piso, in B.C. 149, by

which it was enacted that a Prætor should preside at all trials for

Repetundæ during his year of office. This was called a _Quæstio

Perpetua_, and nine such _Quæstiones Perpetuæ_ were established by

Sulla, namely, De Repetundis, Majestatis, De Sicariis et Veneficis, De

Parricidio, Peculatus, Ambitus, De Nummis Adulterinis, De Falsis or

Testamentaria, and De Vi Publica. Jurisdiction in civil cases was left

to the Prætor Peregrinus and the Prætor Urbanus as before, and the other

six Prætors presided in the Quæstiones; but as the latter were more in

number than the Prætors, some of the Prætors took more than one Quæstio,

or a Judex Quæstionis was appointed. The Prætors, after their election,

had to draw lots for their several jurisdictions. Sulla enacted that the

Judices should be taken exclusively from the Senators, and not from the

Equites, the latter of whom had possessed this privilege, with a few

interruptions, from the law of C. Gracchus, in B.C. 123. This was a

great gain for the aristocracy, since the offenses for which they were

usually brought to trial, such as bribery, malversation, and the like,

were so commonly practiced by the whole order, that they were, in most

cases, nearly certain of acquittal from men who required similar

indulgence themselves.

Sulla's reform in the criminal law, the greatest and most enduring part

of his legislation, belongs to a history of Roman law, and can not be

given here.

* * * * *

IV. _Laws relating to the Improvement of Public Morals._--Of these we

have very little information. One of them was a Lex Sumtuaria, which

enacted that not more than a certain sum of money should be spent upon

entertainments, and also restrained extravagance in funerals. There was

likewise a law of Sulla respecting marriage, the provisions of which are

quite unknown, as it was probably abrogated by the Julian law of

Augustus.

[Illustration: Coin of Sulla.

On the obverse is the head of Sulla; on the reverse that of Q. Pompeius

Rufus, his colleague in his first Consulship.]

[Illustration: Cn. Pompeius Magnus.]

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