It is not necessary to collect the numerous passages in writers of

this period that illustrate the growing change of view as to slavery

in general. The point made by moralists, that moral bondage is more

degrading than physical (for the latter need not be really degrading),

came with not less force from Epictetus the slave than from Seneca

the noble Roman. It is however worth while just to note the frequent

references to cases of philosophers and other distinguished literary men

who had either actually been slaves or had at some time in their lives

been forced to earn their daily bread by bodily labour. Such cases are,

Cleanthes[1332] drawing water for wages, Plautus[1333] hired by the baker

to grind at his mill, and Protagoras[1334] earning his living as a common

porter. In one passage several slaves[1335] are enumerated who became

philosophers. Now, what is the significance of these and other references

of the same import? I suggest that they have just the same bearing as

the general principles of common humanity argumentatively pressed by the

Stoic and other schools of thought. The sermonizing of Seneca is a good

specimen. But discussion of principles in the abstract was never the

strong point of Roman society, and citation of concrete instances would

serve to give reality to views that were only too often regarded as the

visionary speculations of chattering Greeks. That Roman authors, down

to the last age of Roman literature, expressed the longing for a more

wholesome state of agriculture by everlasting references to Cincinnatus

and the rest of the traditional rustic heroes, is another recognition

of this method. The notion that courage and contempt of death could be

fostered by the spectacle of gladiators rested on much the same basis.

True, there is nothing in the above considerations that directly bears

upon rustic labour as such: but hints that ‘a man’s a man for a’ that’

are not to be ignored when they make their appearance in the midst of a

slave-holding society.

XLV. APULEIUS.

The Province of Africa was in this period a flourishing part of the

empire, giving signs of its coming importance in the next generation,

when it produced several emperors. It was in fact a sort of successor of

Spain, and like Spain it enjoyed the advantage of not fronting on the

usual seats of war to the North and East. One of the most remarkable

literary figures of the age was the African[1336] =L Apuleius= of

Madaura, who travelled widely as student and lecturer, and was well

acquainted with Greece and Italy. A philosopher of the mystical-Platonist

type, he was in touch with practical life through his study of the Law,

and was for some time a pleader in Rome. His native Province[1337] was

notoriously addicted to litigation, and a modern scholar[1338] has shewn

that the works of Apuleius abound in legal phraseology and are coloured

with juristic notions. Now, it was not possible to go far in considering

property and rights without coming upon questions relative to land:

moreover, he himself owned land in Africa. Accordingly we find in him

some references to land, and even to rustic labour and conditions of

rural life. And, though his _Metamorphoses_ is a fantastic romance, there

is no reason to doubt that incidents and scenes (other than supernatural)

are true to facts observed by the writer, and therefore admissible as

evidence of a general kind. An instance may be found in the case of

the ass, that is the hero of the story transformed into that shape by

magic. He is to be sold, and the waggish auctioneer[1339] says to a

possible bidder ‘I am well aware that it is a criminal offence to sell

you a Roman citizen for a slave: but why not buy a good and trusty slave

that will serve you as a helper both at home and abroad?’ Here we have

a recognition of the fact of kidnapping, which is referred to elsewhere

in the book; that in cases of Roman victims the law took a very serious

view of the offence; while the point of the pleasantry lies in the

circumstance that neither auctioneer nor company present are aware that

the ass is a transformed man, liable to regain his human shape by magical

disenchantment.

The scene of the _Metamorphoses_ is laid in Greece, and the anecdotes

included in it do not give us a favourable picture of that part of

the Roman empire. There was surely nothing to tempt the writer to

misrepresent the condition of the country by packing his descriptions

with unreal details: he would thus have weakened the effect of his

romance. Wealth in the hands of a few, surrounded by a pauper majority;

shrunken towns, each with its more or less degraded rabble; general

insecurity for life liberty and property; a cruel and arbitrary use

of power; a spiritless acquiescence in this pitiful state of things,

relieved by the excitements of superstition and obscenity: such was

Roman Greece as Apuleius saw it. No doubt there was Roman Law to enforce

honesty and order. But the administration of justice seldom, if ever,

reaches the standard of legislation; and as yet the tendency of the Roman

government was to interfere as little as possible with local authorities.

Greece in particular had always been treated with special indulgence, in

recognition of her glorious past. Whether the effects of this favour were

conducive to the wellbeing of the country, may fairly be doubted. The

insane vanity of Nero, masquerading as Liberator of Greece, had surely

done more harm than good. Hadrian’s benefactions to Athens, dictated

by sentimental antiquarianism, could not improve the general condition

of the country, however satisfactory they might be to what was now an

University town living on students and tourists.

One of the first things that strikes a reader of this book is the

matter-of-fact way in which brigandage[1340] is taken for granted.

These robbers work in organized bands under chosen captains, have

regular strongholds as bases of operations, draw recruits from the

poverty-stricken peasantry or slaves, and do not hesitate to attack

and plunder great mansions, relying on the cowardice or indifference

(or perhaps treachery) of the rich owner’s slaves. Murder is to them

a mere trifle, and their ingenuity in torturing is fiendish. No doubt

their activities are somewhat exaggerated as a convenient part of the

machinery of the story, but the lament of Plutarch and the Euboic idyll

of Dion forbid us to regard these brigand-scenes as pure fiction.

They are another side of the same picture of distressful Greece. Nor

is the impression produced thereby at all weakened by a specimen of

military[1341] insolence. Greece was not a Province in which a large

army was kept, but all Governors had some armed force to support their

authority. The story introduces the ass with his present owner, a

gardener, on his back. They are met by a swaggering bully of a soldier,

who inquires where they are going. He asks this in Latin. The gardener

makes no reply, not knowing Latin. The angry soldier knocks him off the

ass, and repeats his question in Greek. On being told that they are

on their way to the nearest town, he seizes the ass on the pretext of

being wanted for fatigue duty in the service of the Governor, and will

listen to no entreaties. Just as he is preparing to break the gardener’s

skull, the gardener trips him up and pounds him to some purpose. He shams

dead, while the gardener hurries off and takes refuge with a friend in

the town. The soldier follows, and stirs up his mates, who induce the

local magistrates to take up the matter and give them satisfaction. The

gardener’s retreat is betrayed by a neighbour, and clever concealment

nullified by an indiscretion of the ass. The wretched gardener is found

and haled off to prison awaiting execution, while the soldier takes

possession of the ass. This story again is surely not grotesque and

incredible fiction. More likely it is made up from details heard by

the African during his sojourn in Greece. If scenes of this kind were

possible, the outlook of humble rustics[1342] can hardly have been a

cheerful one.

That perils of robbers and military insolence were not the only troubles

of the countryside, is shewn by the following anecdote[1343] describing

the brutal encroachments of a big landlord on poorer neighbours.

A landowner, apparently a man of moderate means, had three sons,

well-educated and well-behaved youths, who were close friends of a poor

man with a little cottage of his own. Bordering on this man’s little

holding was the large and fertile landed estate belonging to a rich and

powerful neighbour in the prime of life. This rich man, turning the fame

of his ancestors to bad account, strong in the support of party cliques,

in fact an autocrat[1344] within the jurisdiction of the town, was given

to making raids on the poverty of his humble neighbour. He slaughtered

his flocks, drove off his oxen, and trampled down his crops before they

were ripe, till he had robbed him of all the fruit of his thrift. His

next desire was to expel him altogether from his patch of soil: so he

got up a baseless dispute over boundaries, and claimed the whole of the

land as his own. The poor man, though diffident by nature, was bent upon

keeping his hereditary ground if only for his own burial. The claim

upset him greatly, and he entreated a number of his friends to attend at

the settlement[1345] of boundaries. Among those present were the three

brothers mentioned above, who came to do their little best in the cause

of their injured friend. But the rich man, unabashed by the presence

of a number of citizens, treated all efforts at conciliation with open

contempt, and swore that he would order his slaves to pick the poor man

up by the ears and chuck him ever so far from his cottage in less than

no time. The bystanders were greatly incensed at this brutal utterance.

One of the three brothers dared to say ‘It’s no good your bullying and

threatening like this just because you are a man of influence; don’t

forget that even poor[1346] men have found in the laws guarding freemen’s

rights a protector against the outrages of the rich.’ Upon this the

enraged tyrant let loose his ferocious dogs[1347] and set them on the

company. A horrible scene followed. One of the three youths was torn to

pieces, and the others also perished; one of them slain by the rich man

himself, the other, after avenging his brother, by his own hand.

The mere aggression of the rich landlord on the poor is interesting as

adding another instance of the encroachments to the occurrence of which

many other writers testify. The most remarkable feature of the story is

the insolent disregard of the Law shewn by the rich man from first to

last. That the governor of the Province could prevent or punish such

outrages, if his attention were called to them, is not to be doubted.

But he could not be everywhere at once, and it is not likely that many

of the poorer class would be forward to report such doings and appear

as accusers of influential persons. The rich probably sympathized with

their own class, and a poor man shrank from a criminal prosecution that

would in any event expose him to their vengeance afterwards. True, the

poor were the majority. But it was a very old principle of Roman policy

to entrust the effective control of municipalities to the burgesses of

property, men who had something to lose and who, being a minority, would

earn their local supremacy by a self-interested obedience to the central

government. Thus local magnates (their evil day was not yet come) were

left very much to their own devices, and most provincial governors cared

too much for their own ease and comfort to display an inquisitive zeal.

Moreover, so far as the rich thought it judicious to keep the poorer

contented, it would be the town rabble that profited chiefly if not

exclusively by their liberalities: the more isolated rustic was more

liable to suffer from their land-proud greediness. We must picture them

as overbearing and arbitrary slaveholders, practically uncontrolled; and

the worst specimens among them as an ever-present terror to a cowed and

indigent peasantry. We are not to suppose that things were as bad as this

in all parts of Greece, but that there was little or nothing to prevent

their becoming so, even in happier districts.

From time immemorial the Greek tendency had been to congregate in towns,

and after the early fall of the landowning aristocracies this tendency

was strengthened by democratic movements. The country as a whole was

never able to feed its population. But the population was now greatly

reduced. Given due security, perhaps the rustics might now have been able

to feed the towns. And that they were to some extent doing so may be

inferred from the fact that the chief peasant figure in the rural life

of the _Metamorphoses_ is the market-gardener[1348]. If he is but left

in peace, he seems to be doing fairly well. It is natural at this point

to inquire whether a _hortulanus_ might not also be a _colonus_, the

former name connoting his occupation and the latter his legal position in

relation to the land. Both terms often occur, but they seem to be quite

distinct: I can find nothing to justify the application of both to the

same person. And yet I cannot feel certain that Apuleius always means a

tenant-farmer[1349] under a landlord whenever he uses the word _colonus_.

Probably he does, as Norden seems to think. In any case the gardener is

evidently in a smaller way of business than the average _colonus_, and it

may be that his little scrap of land is his own. He certainly works[1350]

with his own hands, and I find nothing to suggest that he is an employer

of slaves, or that he himself is not free. That the tenant-farmers were

often _coloni partiarii_, bound to deliver to their landlord a fixed

share of their produce in kind, is highly probable. But this does not

exclude the payment of money rents as well. Local usage probably varied

in different districts. It is true that Apuleius several times[1351]

uses _partiarius_ metaphorically, but this only shews his addiction to

legal language, and is no proof of the prevalence of the share-system in

Greece. The _coloni_, nominally free, were as yet only bound to the soil

by the practical difficulty of clearing themselves from the obligations

that encumbered them and checked freedom of movement. But they were now

near to the time when they were made fixtures by law.

Another work of Apuleius furnishes matter of interest, the so-called

_Apologia_, a speech in his own defence when tried on a charge of

magical arts about the year 158 AD. That the accused was in no little

danger from this criminal prosecution has been shewn[1352] by Norden.

What concerns us is the reference to rustic affairs that the speaker

is led to make in the course of his argument, when demolishing some of

the allegations of his enemies. The trial was in Africa at the regular

provincial assize, and the conditions referred to are African. Apuleius,

as a man of note in his native Province, takes high ground to manifest

his confidence in the strength of his case. The prosecution want to draw

him into an unseemly squabble over side-issues. As the chief alleged

instance of his magic was connected with his marriage to a rich lady, a

widow of mature age, whom he was said to have bewitched, being at the

time a young man in need, it had evidently been thought necessary to

discuss his financial position as throwing light upon his motives. If

at the same time he could be represented as having acted in defiance of

well-known laws, so much the better. If we may trust the bold refutation

of Apuleius, they entangled themselves in a contradiction and betrayed

their own blind malice. His reply[1353] is as follows. ‘Whether you keep

slaves to cultivate your farm, or whether you have an arrangement with

your neighbours for exchange[1354] of labour, I do not know and do not

want to know. But you (profess to) know that at Oea, on the same day,

I manumitted three slaves: this was one of the things you laid to my

charge, and your counsel brought it up against me, though a moment before

he had said that when I came to Oea I had with me but a single slave.

Now, will you have the goodness to explain how, having but one, I could

manumit three,—unless this too is an effect of magic. Was there ever

such monstrous lying, whether from blindness or force of habit? He says,

Apuleius brought one slave with him to Oea. Then, after babbling a few

words, he adds that Apuleius manumitted three in one day at Oea. If he

had said that I brought with me three, and granted freedom to them all,

even that would not have deserved[1355] belief. But, suppose I had done

so, what then? would not three freedmen be as sure a mark of wealth as

three slaves of indigence?’

After this outburst the speaker is at pains to point out that to do

with few slaves is a philosopher’s part, commended by examples not of

philosophers only but of men famed in Roman history. The well-worn topic

of the schools, that to need little is true riches, is set forth at

large, with instances in illustration. He then asserts[1356] that he

inherited a considerable property from his father, which has been much

reduced by the cost of his journeys and expenses as a student and gifts

to deserving friends. After this he turns upon his adversary. ‘But you

and the men of your uneducated rustic class are worth just what your

property is worth and no more, like trees that bear no fruit and are

worth only the value of the timber in their stems. Henceforth you had

better not taunt any man with his poverty. Your father left you nothing

but a tiny farm at Zarat, and it is but the other day that you were

taking the opportunity of a shower of rain to give it a good ploughing

with the help of a single ass, and made it a three-days[1357] job. What

has kept you on your legs is the quite recent windfalls of inheritances

from kinsmen who died one after another.’ These personalities, in the

true vein of ancient advocacy, do not tell us much, but it is interesting

to note that the skilled pleader, a distinguished man of the world, quite

naturally sneers at his opponent for having been a poor working farmer.

Whether this was an especially effective taunt in the Province Africa,

the home of great estates, it is hardly possible to guess.

Of small farmers in Africa, working their own land, we have, probably by

accident, hardly any other record. But the reference above, to neighbours

taking turns to help one another on their farms, comes in so much as a

matter of course that we may perhaps conclude that there were such small

free farmers, at least in some parts of the Province. For slaves we need

no special evidence. But the lady whom Apuleius had married seems to

have been a large slaveowner as well as a large landowner. He declares

that he with difficulty persuaded her to quiet the claims of her sons by

making over to them a great part of her estate in land and other goods;

and one item consists[1358] of 400 slaves. We have also a reference to

_ergastula_ in a passage where he is protesting that to charge him with

practising magic arts with the privity of fifteen slaves is on the face

of it ridiculous[1359]. ‘Why, 15 free men make a community, 15 slaves

make a household, and 15 chained ones a lock-up.’ I take these _vincti_

to be troublesome slaves, not debtors. Again, in refuting the suggestion

that he had bewitched the lady, he states as proof of her sanity that

at the very time when she is said to have been out of her mind she most

intelligently audited and passed the accounts of her stewards[1360] and

other head-servants on her estates. And in general it has been well

said[1361] that Apuleius, with all his wide interest in all manner of

things, did not feel driven to inquire into the right or wrong of slavery

in itself. He took it as he found it in the Roman world of his day. That

he had eyes to see some of its most obvious horrors, may be inferred from

the description[1362] of the condition of slaves in a flour-mill, put

into the mouth of the man-ass. But with the humanitarian movements of

these times he shews no sympathy; and he can depict abominable scenes of

cruelty and bestiality without any warmth of serious indignation.

COMMODUS TO DIOCLETIAN

XLVI. GENERAL INTRODUCTION.

The death of Marcus Aurelius in 180 AD brings us to the beginning of a

long period of troubles, in which the growing weakness of the empire

was exposed, the principate-system of Augustus finally failed under the

predominance of military power, and the imperial government was left

to be reorganized by Diocletian on a more Oriental model. There is no

doubt that during some hundred years the internal wellbeing of the Roman

empire was being lowered, and that the parts most open to barbarian

invasion suffered terribly. But the pressure of taxation to supply

military needs bore heavily on all parts and impaired the vitality of the

whole. Reactions there were now and then, when a strong man, or even a

well-meaning one, became emperor and had a few years in which to combat

present evils and for the moment check them. But the average duration

of reigns was very brief; emperors were generally murdered or slain in

battle; from 249 to 283 the chief function of an emperor was to lead

his army against barbarian invaders. It is a remarkable fact that the

first half of this unhappy century was the classical period of Roman

jurisprudence. The important post of Praetorian Prefect, which began with

a dignified military command and was more and more becoming the chief

ministry of the Empire, was again and again held by eminent jurists. But

in the long run the civil power could not stand against the jealousy of

the military, and the murder of Ulpian in 228 practically ends the series

of great lawyer-ministers, leaving the sword in undisputed control. The

authorities for this century of troubles are meagre and unsatisfactory.

With the help of contemporary inscriptions, modern writers are able to

compose some sort of a history of the times, so far as public events and

governmental activities are concerned. But the literature of private

life, the source of our best evidence on agricultural labour, is for the

time at an end, and the facts of farm life were not of the kind thought

worthy of record in inscriptions.

There is therefore nothing to be done but to glean the few scraps of

information that in any way bear upon the condition of tillers of the

soil in this period. They are as a rule of little value, and they come

from writers of little authority. But it is something if they are of a

piece with the general record of these unhappy times. Even the imperial

biographies of Marius Maximus survive only in the meagre abstracts of

later writers, and modern historians are quite unable to reconstruct any

clear picture of the inner life of the period 180-284 AD owing to the

lack of materials.

The most significant piece of information relates to Pertinax. We are

told[1363] that one of the useful reforms contemplated by him was the

reclamation of waste lands throughout the empire. He ordained that any

one might occupy derelict lands, even on the imperial estates: on careful

cultivation thereof, the farmer was to become owner[1364]. For a space of

ten years he was to be exempt from all taxation, and his ownership was to

be guaranteed against future disturbance. This passage is good evidence

of the decay of agriculture, agreeing with what we have learnt from other

sources. But we cannot gather from it that the well-meant design had

any practical effect. Pertinax was only emperor for the inside of three

months, and could not realize his virtuous aspirations. About 80 years

later we find Aurelian[1365] planning the development of waste lands

in Etruria, and Probus[1366] giving allotments in the wilds of Isauria

to his veterans as settlers with obligation of military service. There

can be little doubt that the depopulation and decline of cultivation,

made sadly manifest in the calamitous times of Marcus Aurelius, had

never ceased to undermine the vital forces of the empire. How to fill up

deserted lands, and make them productive of food and revenue, was the

problem that every serious ruler had to face. And there was in fact only

one resource available to meet the need. The native population of the

empire, stationary at best, had been further reduced by pestilence and

famine, and was not able to fill up the spaces laid waste by frontier

wars. Hence the policy of bringing in masses of barbarians, adopted by

Marcus, had to be repeated again and again.

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