Now this wealthy, and, as we suppose, industrial and commerc

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LECTURES AND ESSAYS

BY

GOLDWIN SMITH

PREFATORY NOTE.

These papers have been reprinted for friends who sometimes ask for the

back numbers of periodicals in which they appeared. The great public is

sick of reprints, and with good reason.

The volume might almost have been called Contributions to Canadian

Literature, for of the papers not originally published in Canada several

were reproduced in Canadian journals. Political subjects have been

excluded both to keep a volume intended for friends free from anything

of a party character and because the writer looks forward to putting the

thoughts scattered over his political essays and reviews into a more

connected form.

The papers on 'The Early Years of the Conqueror of Quebec,' 'A

Wirepuller of Kings,' 'A True Captain of Industry' and 'Early Years of

Abraham Lincoln' can hardly pretend to be more than accounts of books to

which they relate, but they interested some of their readers at the time

and there are probably not many copies of the books in Canada. All the

papers have been revised, so that they do not appear here exactly as

they were in the periodicals from which they are reprinted.

TORONTO, Feb. 16, 1881

CONTENTS.

THE GREATNESS OF THE ROMANS (_Contemporary Review_)

THE GREATNESS OF ENGLAND (_Contemporary Review._)

THE GREAT DUEL OF THE SEVENTEENTH CENTURY (_Canadian Monthly_)

THE LAMPS OF FICTION (_A Speech on the Centenary of the Birth of Sir

Walter Scott_)

AN ADDRESS TO THE OXFORD SCHOOL OF SCIENCE AND ART

THE ASCENT OF MAN (_Macmillan's Magazine._)

THE PROPOSED SUBSTITUTES FOR RELIGION (_Macmillan's Magazine._)

THE LABOUR MOVEMENT (_Canadian Monthly._)

WHAT IS CULPABLE LUXURY? (_Canadian Monthly._)

A TRUE CAPTAIN OF INDUSTRY (_Canadian Monthly._)

A WIREPULLER OF KINGS (_Canadian Monthly._)

THE EARLY YEARS OF THE CONQUEROR OF QUEBEC (_Toronto Nation._)

FALKLAND AND THE PURITANS (_Contemporary Review._)

THE EARLY YEARS OF ABRAHAM LINCOLN (_Toronto Mail_)

ALFREDUS REX FUNDATOR (_Canadian Monthly_)

THE LAST REPUBLICANS OF ROME (_MacMillan's Magazine_)

AUSTEN LEIGH'S MEMOIR OF JANE AUSTEN (_New York Nation_)

PATTISON'S MILTON (_New York Nation_)

CLERIDGE'S LIFE OF KEBLE (_New York Nation_)

THE GREATNESS OF THE ROMANS

Rome was great in arms, in government, in law. This combination was the

talisman of her august fortunes. But the three things, though blended in

her, are distinct from each other, and the political analyst is called

upon to give a separate account of each. By what agency was this State,

out of all the States of Italy, out of all the States of the world,

elected to a triple pre-eminence, and to the imperial supremacy of

which, it was the foundation? By what agency was Rome chosen as the

foundress of an empire which we regard almost as a necessary step in

human development, and which formed the material, and to no small extent

the political matrix of modern Europe, though the spiritual life of our

civilization is derived from another source? We are not aware that this

question has ever been distinctly answered, or even distinctly

propounded. The writer once put it to a very eminent Roman antiquarian,

and the answer was a quotation from Virgil--

"Hoc nemus, hunc, inquit, frondoso vertice clivum

Quis deus incertum est, habitat Deus; Arcades ipsum

Credunt se vidisae Jovem cum saepe nigrantem

AEgida concuteret dextra nimbosque cieret."

This perhaps was the best answer that Roman patriotism, ancient or

modern, could give; and it certainly was given in the best form. The

political passages of Virgil, like some in Lucan and Juvenal, had a

grandeur entirely Roman with which neither Homer nor any other Greek has

anything to do. But historical criticism, without doing injustice to the

poetical aspect of the mystery, is bound to seek a rational solution.

Perhaps in seeking the solution we may in some measure supply, or at

least suggest the mode of supplying, a deficiency which we venture to

think is generally found in the first chapters of histories. A national

history, as it seems to us, ought to commence with a survey of the

country or locality, its geographical position, climate, productions,

and other physical circumstances as they bear on the character of the

people. We ought to be presented, in short, with a complete description

of the scene of the historic drama, as well as with an account of the

race to which the actors belong. In the early stages of his development,

at all events, man is mainly the creature of physical circumstances; and

by a systematic examination of physical circumstances we may to some

extent cast the horoscope of the infant nation as it lies in the arms of

Nature.

That the central position of Rome, in the long and narrow peninsula of

Italy, was highly favourable to her Italian dominion, and that the

situation of Italy was favourable to her dominion over the countries

surrounding the Mediterranean, has been often pointed out. But we have

yet to ask what launched Rome in her career of conquest, and still more,

what rendered that career so different from those of ordinary

conquerors? What caused the Empire of Rome to be so durable? What gives

it so high an organization? What made it so tolerable, and even in some

cases beneficent to her subjects? What enabled it to perform services so

important in preparing the way for a higher civilization?

About the only answer that we get to these questions is _race_. The

Romans, we are told, were by nature a peculiarly warlike race. "They

were the wolves of Italy," says Mr. Merivale, who may be taken to

represent fairly the state of opinion on this subject. We are presented

in short with the old fable of the Twins suckled by the She-wolf in a

slightly rationalized form. It was more likely to be true, if anything,

in its original form, for in mythology nothing is so irrational as

rationalization. That unfortunate She-wolf with her Twins has now been

long discarded by criticism as a historical figure; but she still

obtrudes herself as a symbolical legend into the first chapter of Roman

history, and continues to affect the historian's imagination and to give

him a wrong bias at the outset. Who knows whether the statue which we

possess is a real counterpart of the original? Who knows what the

meaning of the original statue was? If the group was of great antiquity,

we may be pretty sure that it was not political or historic, but

religious; for primaeval art is the handmaid of religion; historic

representation and political portraiture belong generally to a later

age. We cannot tell with certainty even that the original statue was

Roman: it may have been brought to Rome among the spoils of some

conquered city, in which case it would have no reference to Roman

history at all. We must banish it entirely from our minds, with all the

associations and impressions which cling to it, and we must do the same

with regard to the whole of that circle of legends woven out of

misinterpreted monuments or customs, with the embellishments of pure

fancy, which grouped itself round the apocryphal statues of the seven

kings in the Capitol, aptly compared by Arnold to the apocryphal

portraits of the early kings of Scotland in Holyrood and those of the

mediaeval founders of Oxford in the Bodleian. We must clear our minds

altogether of these fictions; they are not even ancient: they came into

existence at a time when the early history of Rome was viewed in the

deceptive light of her later achievements; when, under the influence of

altered circumstances, Roman sentiment had probably undergone a

considerable change; and when, consequently, the national imagination no

longer pointed true to anything primaeval.

Race, when tribal peculiarities are once formed, is a most important

feature in history; those who deny this and who seek to resolve

everything, even in advanced humanity, into the influence of external

circumstances or of some particular external circumstance, such as food,

are not less one-sided or less wide of the truth than those who employ

race as the universal solution. Who can doubt that between the English

and the French, between the Scotch and the Irish, there are differences

of character which have profoundly affected and still affect the course

of history? The case is still stronger if we take races more remote from

each other, such as the English and the Hindoo. But the further we

inquire, the more reason there appears to be for believing that

peculiarities of race are themselves originally formed by the influence

of external circumstances on the primitive tribe; that, however marked

and ingrained they may be, they are not congenital and perhaps not

indelible. Englishmen and Frenchmen are closely assimilated by

education; and the weaknesses of character supposed to be inherent in

the Irish gradually disappear under the more benign influences of the

New World. Thus, by ascribing the achievements of the Romans to the

special qualities of their race, we should not be solving the problem,

but only stating it again in other terms.

But besides this, the wolf theory halts in a still more evident manner.

The foster-children of the she-wolf, let them have never so much of

their foster-mother's milk in them, do not do what the Romans did, and

they do precisely what the Romans did not. They kill, ravage, plunder--

perhaps they conquer and even for a time retain their conquests--but

they do not found highly organized empires, they do not civilize, much

less do they give birth to law. The brutal and desolating domination of

the Turk, which after being long artificially upheld by diplomacy, is at

last falling into final ruin, is the type of an empire founded by the

foster-children of the she-wolf. Plunder, in the animal lust of which

alone it originated, remains its law, and its only notion of imperial

administration is a coarse division, imposed by the extent of its

territory, into satrapies, which, as the central dynasty, enervated by

sensuality, loses its force, revolt, and break up the empire. Even the

Macedonian, pupil of Aristotle though he was, did not create an empire

at all comparable to that created by the Romans. He overran an immense

extent of territory, and scattered over a portion of it the seed of an

inferior species of Hellenic civilization, but he did not organize it

politically, much less did he give it, and through it the world, a code

of law. It at once fell apart into a number of separate kingdoms, the

despotic rulers of which were Sultans with a tinge of Hellenism, and

which went for nothing in the political development of mankind.

What if the very opposite theory to that of the she-wolf and her foster-

children should be true? What if the Romans should have owed their

peculiar and unparalleled success to their having been at first not more

warlike, but less warlike than their neighbours? It may seem a paradox,

but we suspect in their imperial ascendency is seen one of the earliest

and not least important steps in that gradual triumph of intellect over

force, even in war, which has been an essential part of the progress of

civilization. The happy day may come when Science in the form of a

benign old gentleman with a bald head and spectacles on nose, holding

some beneficent compound in his hand, will confront a standing army and

the standing army will cease to exist. That will be the final victory of

intellect. But in the meantime, our acknowledgments are due to the

primitive inventors of military organization and military discipline.

They shivered Goliath's spear. A mass of comparatively unwarlike

burghers, unorganized and undisciplined, though they may be the hope of

civilization from their mental and industrial qualities, have as little

of collective as they have of individual strength in war; they only get

in each other's way, and fall singly victims to the prowess of a

gigantic barbarian. He who first thought of combining their force by

organization, so as to make their numbers tell, and who taught them to

obey officers, to form regularly for action, and to execute united

movements at the word of command, was, perhaps, as great a benefactor of

the species as he who grew the first corn, or built the first canoe.

What is the special character of the Roman legends, so far as they

relate to war? Their special character is, that they are legends not of

personal prowess but of discipline. Rome has no Achilles. The great

national heroes, Camillus, Cincinnatus, Papirius, Cursor, Fabius

Maximus, Manlius are not prodigies of personal strength and valour, but

commanders and disciplinarians. The most striking incidents are

incidents of discipline. The most striking incident of all is the

execution by a commander of his own son for having gained a victory

against orders. "_Disciplinam militarem_," Manlius is made to say,

"_qua stetit ad hanc diem Romana res._" Discipline was the great

secret of Roman ascendency in war. It is the great secret of all

ascendency in war. Victories of the undisciplined over the disciplined,

such as Killiecrankie and Preston Pans, are rare exceptions which only

prove the rule. The rule is that in anything like a parity of personal

prowess and of generalship discipline is victory. Thrice Rome

encountered discipline equal or superior to her own. Pyrrhus at first

beat her, but there was no nation behind him, Hannibal beat her, but his

nation did not support him; she beat the army of Alexander, but the army

of Alexander when it encountered her, like that of Frederic at Jena, was

an old machine, and it was commanded by a man who was more like Tippoo

Sahib than the conqueror of Darius.

But how came military discipline to be so specially cultivated by the

Romans? We can see how it came to be specially cultivated by the Greeks:

it was the necessity of civic armies, fighting perhaps against warlike

aristocracies; it was the necessity of Greeks in general fighting

against the invading hordes of the Persian. We can see how it came to be

cultivated among the mercenaries and professional soldiers of Pyrrhus

and Hannibal. But what was the motive power in the case of Rome?

Dismissing the notion of occult qualities of race, we look for a

rational explanation in the circumstances of the plain which was the

cradle of the Roman Empire.

It is evident that in the period designated as that of the kings, when

Rome commenced her career of conquest, she was, for that time and

country, a great and wealthy city. This is proved by the works of the

kings, the Capitoline Temple, the excavation for the Circus Maximus, the

Servian Wall, and above all the Cloaca Maxima. Historians have indeed

undertaken to give us a very disparaging picture of the ancient Rome,

which they confidently describe as nothing more than a great village of

shingle-roofed cottages thinly scattered over a large area. We ask in

vain what are the materials for this description. It is most probable

that the private buildings of Rome under the kings were roofed with

nothing better than shingle, and it is very likely that they were mean

and dirty, as the private buildings of Athens appear to have been, and

as those of most of the great cities of the Middle Ages unquestionably

were. But the Cloaca Maxima is in itself conclusive evidence of a large

population, of wealth, and of a not inconsiderable degree of

civilization. Taking our stand upon this monument, and clearing our

vision entirely of Romulus and his asylum, we seem dimly to perceive the

existence of a deep prehistoric background, richer than is commonly

supposed in the germs of civilization,--a remark which may in all

likelihood be extended to the background of history in general. Nothing

surely can be more grotesque than the idea of a set of wolves, like the

Norse pirates before their conversion to Christianity, constructing in

their den the Cloaca Maxima.

That Rome was comparatively great and wealthy is certain. We can hardly

doubt that she was a seat of industry and commerce, and that the theory

which represents her industry and commerce as having been developed

subsequently to her conquests is the reverse of the fact. Whence, but

from industry and commerce, could the population and the wealth have

come? Peasant farmers do not live in cities, and plunderers do not

accumulate. Rome had around her what was then a rich and peopled plain;

she stood at a meeting-place of nationalities; she was on a navigable

river, yet out of the reach of pirates; the sea near her was full of

commerce, Etruscan, Greek, and Carthaginian. Her first colony was Ostia,

evidently commercial and connected with salt-works, which may well have

supplied the staple of her trade. Her patricians were financiers and

money-lenders. We are aware that a different turn has been given to this

part of the story, and that the indebtedness has been represented as

incurred not by loans of money, but by advances of farm stock. This,

however, completely contradicts the whole tenor of the narrative, and

especially what is said about the measures for relieving the debtor by

reducing the rate of interest and by deducting from the principal debt

the interest already paid. The narrative as it stands, moreover, is

supported by analogy. It has a parallel in the economical history of

ancient Athens, and in the "scaling of debts," to use the American

equivalent for _Seisachtheia_, by the legislation of Solon. What

prevents our supposing that usury, when it first made its appearance on

the scene, before people had learned to draw the distinction between

crimes and defaults, presented itself in a very coarse and cruel form?

True, the currency was clumsy, and retained philological traces of a

system of barter; but without commerce there could have been no currency

at all.

Even more decisive is the proof afforded by the early political history

of Rome. In that wonderful first decade of Livy there is no doubt enough

of Livy himself to give him a high place among the masters of fiction.

It is the epic of a nation of politicians, and admirably adapted for the

purposes of education as the grand picture of Roman character and the

richest treasury of Roman sentiment. But we can hardly doubt that in the

political portion there is a foundation of fact; it is too

circumstantial, too consistent in itself, and at the same time too much

borne out by analogy, to be altogether fiction. The institutions which

we find existing in historic times must have been evolved by some such

struggle between the orders of patricians and plebeians as that which

Livy presents to us. And these politics, with their parties and sections

of parties, their shades of political character, the sustained interest

which they imply in political objects, their various devices and

compromises, are not the politics of a community of peasant farmers,

living apart each on his own farm and thinking of his own crops: they

are the politics of the quick-witted and gregarious population of an

industrial and commercial city. They are politics of the same sort as

those upon which the Palazzo Vecchio looked down in Florence. That

ancient Rome was a republic there can be no doubt. Even the so-called

monarchy appears clearly to have been elective; and republicanism may be

described broadly with reference to its origin, as the government of the

city and of the artisan, while monarchy and aristocracy are the

governments of the country and of farmers.

The legend which ascribes the assembly of centuries to the legislation

of Servius probably belongs to the same class as the legend which

ascribes trial by jury and the division of England into shires to the

legislation of Alfred. Still the assembly of centuries existed; it was

evidently ancient, belonging apparently to a stratum of institutions

anterior to the assembly of tribes; and it was a constitution

distributing political power and duties according to a property

qualification which, in the upper grades, must, for the period, have

been high, though measured by a primitive currency. The existence of

such qualifications, and the social ascendency of wealth which the

constitution implies, are inconsistent with the theory of a merely

agricultural and military Rome. Who would think of framing such a

constitution, say, for one of the rural districts of France?

Other indications of the real character of the prehistoric Rome might be

mentioned. The preponderance of the infantry and the comparative

weakness of the cavalry is an almost certain sign of democracy, and of

the social state in which democracy takes its birth--at least in the

case of a country which did not, like Arcadia or Switzerland, preclude

by its nature the growth of a cavalry force, but on the contrary was

rather favourable to it. Nor would it be easy to account for the strong

feeling of attachment to the city which led to its restoration when it

had been destroyed by the Gauls, and defeated the project of a migration

to Veii, if Rome was nothing but a collection of miserable huts, the

abodes of a tribe of marauders. We have, moreover, the actual traces of

an industrial organization in the existence of certain guilds of

artisans, which may have been more important at first than they were

when the military spirit had become thoroughly ascendant.

Of course when Rome had once been drawn into the career of conquest, the

ascendency of the military spirit would be complete; war, and the

organization of territories acquired in war, would then become the great

occupation of her leading citizens; industry and commerce would fall

into disesteem, and be deemed unworthy of the members of the imperial

race. Carthage would no doubt have undergone a similar change of

character, had the policy which was carried to its greatest height by

the aspiring house of Barcas succeeded in converting her from a trading

city into the capital of a great military empire. So would Venice, had

she been able to carry on her system of conquest in the Levant and of

territorial aggrandisement on the Italian mainland. The career of Venice

was arrested by the League of Cambray. On Carthage the policy of

military aggrandisement, which was apparently resisted by the sage

instinct of the great merchants while it was supported by the

professional soldiers and the populace, brought utter ruin; while Rome

paid the inevitable penalty of military despotism. Even when the Roman

nobles had become a caste of conquerors and proconsuls, they retained

certain mercantile habits; unlike the French aristocracy, and

aristocracies generally, they were careful keepers of their accounts,

and they showed a mercantile talent for business, as well as a more than

mercantile hardness, in their financial exploitation of the conquered

world. Brutus and his contemporaries were usurers like the patricians of

the early times. No one, we venture to think, who has been accustomed to

study national character, will believe that the Roman character was

formed by war alone: it was manifestly formed by war combined with

business.

To what an extent the later character of Rome affected national

tradition, or rather fiction, as to her original character, we see from

the fable which tells us that she had no navy before the first Punic

war, and that when compelled to build a fleet by the exigencies of that

war, she had to copy a Carthaginian war galley which had been cast

ashore, and to train her rowers by exercising them on dry land. She had

a fleet before the war with Pyrrhus, probably from the time at which she

took possession of Antium, if not before; and her first treaty with

Carthage even if it is to be assigned to the date to which Mommsen, and

not to that which Polybius assigns it, shows that before 348 B.C. she

had an interest in a wide sea-board, which must have carried with it

some amount of maritime power.

Now this wealthy, and, as we suppose, industrial and commercial city was

the chief place, and in course of time became the mistress and

protectress, of a plain large for that part of Italy, and then in such a

condition as to be tempting to the spoiler. Over this plain on two sides

hung ranges of mountains inhabited by hill tribes, Sabines, AEquians,

Volscians, Hernicans, with the fierce and restless Samnite in the rear.

No doubt these hill tribes raided on the plain as hill tribes always do;

probably they were continually being pressed down upon it by the

migratory movements of other tribes behind them. Some of them seem to

have been in the habit of regularly swarming, like bees, under the form

of the _Ver Sacrum_. On the north, again, were the Etruscan hill

towns, with their lords, pirates by sea, and probably marauders by land;

for the period of a more degenerate luxury and frivolity may be regarded

as subsequent to their subjugation by the Romans; at any rate, when they

first appear upon the scene they are a conquering race. The wars with

the AEqui and Volsci have been ludicrously multiplied and exaggerated by

Livy; but even without the testimony of any historian, we might assume

that there would be wars with them and with the other mountaineers, and

also with the marauding Etruscan chiefs. At the same time, we may be

sure that, in personal strength and prowess, the men of the plain and of

the city would be inferior both to the mountaineers and to those

Etruscan chiefs whose trade was war. How did the men of the plain and of

the city manage to make up for this inferiority, to turn the scale of

force in their favour, and ultimately to subdue both the mountaineers

and Etruscans? In the conflict with the mountaineers, something might be

done by that superiority of weapons which superior wealth would afford.

But more would be done by military organization and discipline. To

military organization and discipline the Romans accordingly learnt to

submit themselves, as did the English Parliamentarians after the

experience of Edgehill, as did the democracy of the Northern States of

America after the experience of the first campaign. At the same time the

Romans learned the lesson so momentous, and at the same time so

difficult for citizen soldiers, of drawing the line between civil and

military life. The turbulent democracy of the former, led into the

field, doffed the citizen, donned the soldier; and obeyed the orders of

a commander whom as citizens they detested, and whom when they were led

back to the forum at the end of the summer campaign they were ready

again to oppose and to impeach. No doubt all this part of the history

has been immensely embellished by the patriotic imagination, the heroic

features have been exaggerated, the harsher features softened though not

suppressed. Still it is impossible to question the general fact. The

result attests the process. The Roman legions were formed in the first

instance of citizen soldiers, who yet had been made to submit to a rigid

discipline, and to feel that in that submission lay their strength.

When, to keep up the siege of Veii, military pay was introduced, a step

was taken in the transition from a citizen soldiery to a regular army,

such as the legions ultimately became, with its standing discipline of

the camp; and that the measure should have been possible is another

proof that Rome was a great city, with a well-supplied treasury, not a

collection of mud huts. No doubt the habit of military discipline

reacted on the political character of the people, and gave it the

strength and self-control which were so fatally wanting in the case of

Florence.

The line was drawn, under the pressure of a stern necessity, between

civil and military life, and between the rights and duties of each. The

power of the magistrate, jealously limited in the city, was enlarged to

absolutism for the preservation of discipline in the field. But the

distinction between the king or magistrate and the general, and between

the special capacities required for the duties of each, is everywhere of

late growth. We may say the same of departmental distinctions

altogether. The executive, the legislative, the judicial power, civil

authority and military command, all lie enfolded in the same primitive

germ. The king, or the magistrate who takes his place, is expected to

lead the people in war as well as to govern them in peace. In European

monarchies this idea still lingers, fortified no doubt by the personal

unwillingness of the kings to let the military power go out of their

hands. Nor in early times is the difference between the qualifications

of a ruler and those of a commander so great as it afterwards became;

the business of the State is simple, and force of character is the main

requisite in both cases. Annual consulships must have been fatal to

strategical experience, while, on the other hand, they would save the

Republic from being tied to an unsuccessful general. But the storms of

war which broke on Rome from all quarters soon brought about the

recognition of special aptitude for military command in the appointment

of dictators. As to the distinction between military and naval ability,

it is of very recent birth: Blake, Prince Rupert, and Monk were made

admirals because they had been successful as generals, just as Hannibal

was appointed by Antiochus to the command of a fleet.

At Preston Pans, as before at Killiecrankie, the line of the Hanoverian

regulars was broken by the headlong charge of the wild clans, for which

the regulars were unprepared. Taught by the experience of Preston Pans,

the Duke of Cumberland at Culloden formed in three lines, so as to

repair a broken front. The Romans in like manner formed in three lines--

_hastati_, _principes_, and _triarii_--evidently with the

same object. Our knowledge of the history of Roman tactics does not

enable us to say exactly at what period this formation began to

supersede the phalanx, which appears to have preceded it, and which is

the natural order of half-disciplined or imperfectly armed masses, as we

see in the case of the army formed by Philip out of the Macedonian

peasantry, and again in the case of the French Revolutionary columns. We

cannot say, therefore, whether this formation in three lines is in any

way traceable to experience dearly bought in wars with Italian

highlanders, or to a lesson taught by the terrible onset of the Gaul.

Again, the punctilious care in the entrenchment of the camp, even for a

night's halt, which moved the admiration of Pyrrhus and was a material

part of Roman tactics, was likely to be inculcated by the perils to

which a burgher army would be exposed in carrying on war under or among

hills where it would be always liable to the sudden attack of a swift,

sure-footed, and wily foe. The habit of carrying a heavy load of

palisades on the march would be a part of the same necessity.

Even from the purely military point of view, then, the She-wolf and the

Twins seem to us not appropriate emblems of Roman greatness. A better

frontispiece for historians of Rome, if we mistake not, would be some

symbol of the patroness of the lowlands and their protectress against

the wild tribes of the highlands. There should also be something to

symbolize the protectress of Italy against the Gauls, whose irruptions

Rome, though defeated at Allia, succeeded ultimately in arresting and

hurling back, to the general benefit of Italian civilization which, we

may be sure, felt very grateful to her for that service, and remembered

it when her existence was threatened by Hannibal, with Gauls in his

army. Capua, though not so well situated for the leadership of Italy,

might have played the part of Rome; but the plain which she commanded,

though very rich, was too small, and too closely overhung by the fatal

hills of the Samnite, under whose dominion she fell. Rome had space to

organize a strong lowland resistance to the marauding highland powers.

It seems probable that her hills were not only the citadel but the

general refuge of the lowlanders of those parts, when forced to fly

before the onslaught of the highlanders, who were impelled by successive

wars of migration to the plains. The Campagna affords no stronghold or

rallying point but those hills, which may have received a population of

fugitives like the islands of Venice. The city may have drawn part of

its population and some of its political elements from this source. In

this sense the story of the Asylum may possibly represent a fact, though

it has itself nothing to do with history.

Then, as to imperial organization and government. Superiority in these

would naturally flow from superiority in civilization, and in previous

political training, the first of which Rome derived from her comparative

wealth and from the mental characteristics of a city population; the

second she derived from the long struggle through which the rights of

the plebeians were equalized with those of the patricians, and which

again must have had its ultimate origin in geographical circumstance

bringing together different elements of population. Cromwell was a

politician and a religious leader before he was a soldier; Napoleon was

a soldier before he was a politician: to this difference between the

moulds in which their characters were cast may be traced, in great

measure, the difference of their conduct when in power, Cromwell

devoting himself to political and ecclesiastical reform, while Napoleon

used his supremacy chiefly as the means of gratifying his lust for war.

There is something analogous in the case of imperial nations. Had the

Roman, when he conquered the world been like the Ottoman, like the

Ottoman he would probably have remained. His thirst for blood slaked, he

would simply have proceeded to gratify his other animal lusts; he would

have destroyed or consumed everything, produced nothing, delivered over

the world to a plundering anarchy of rapacious satraps, and when his

sensuality had overpowered his ferocity, he would have fallen in his

turn before some horde whose ferocity was fresh, and the round of war

and havoc would have commenced again. The Roman destroyed and consumed a

good deal; but he also produced not a little: he produced, among other

things, first in Italy, then in the world at large, the Peace of Rome

indispensable to civilization, and destined to be the germ and precursor

of the Peace of Humanity.

In two respects, however, the geographical circumstances of Rome appear

specially to have prepared her for the exercise of universal empire. In

the first place, her position was such as to bring her into contact from

the outset with a great variety of races. The cradle of her dominion was

a sort of ethnological microcosm. Latins, Etruscans, Greeks, Campanians,

with all the mountain races and the Gauls, make up a school of the most

diversified experience, which could not fail to open the minds of the

future masters of the world. How different was this education from that

of a people which is either isolated, like the Egyptians, or comes into

contact perhaps in the way of continual border hostility with a single

race! What the exact relations of Rome with Etruria were in the earliest

times we do not know, but evidently they were close; while between the

Roman and the Etruscan character the difference appears to have been as

wide as possible. The Roman was pre-eminently practical and business-

like, sober-minded, moral, unmystical, unsacerdotal, much concerned with

present duties and interests, very little concerned about a future state

of existence, peculiarly averse from human sacrifices and from all wild

and dark superstitions. The Etruscan, as he has portrayed himself to us

in his tombs, seems to have been, in his later development at least, a

mixture of Sybaritism with a gloomy and almost Mexican religion, which

brooded over the terrors of the next world, and sought in the constant

practice of human sacrifice a relief from its superstitious fear. If the

Roman could tolerate the Etruscans, be merciful to them, and manage them

well, he was qualified to deal in a statesmanlike way with the

peculiarities of almost any race, except those whose fierce nationality

repelled all management whatever. In borrowing from the Etruscans some

of their theological lore and their system of divination, small as the

value of the things borrowed was, the Roman, perhaps, gave an earnest of

the receptiveness which led him afterwards, in his hour of conquest, to

bow to the intellectual ascendency of the conquered Greek, and to become

a propagator of Greek culture, though partly in a Latinized form, more

effectual than Alexander and his Orientalized successors.

In the second place, the geographical circumstances of Rome, combined

with her character, would naturally lead to the foundation of colonies

and of that colonial system which formed a most important and beneficent

part of her empire. We have derived the name colony from Rome; but her

colonies were just what ours are not, military outposts of the empire,

_propugnacula imperii_. Political depletion and provision for needy

citizens were collateral, but it would seem, in early times at least,

secondary objects. Such outposts were the means suggested by Nature,

first of securing those parts of the plain which were beyond the

sheltering range of the city itself, secondly of guarding the outlets of

the hills against the hill tribes, and eventually of holding down the

tribes in the hills themselves. The custody of the passes is especially

marked as an object by the position of many of the early colonies. When

the Roman dominion extended to the north of Italy, the same system was

pursued, in order to guard against incursions from the Alps. A

conquering despot would have planted mere garrisons under military

governors, which would not have been centres of civilization, but

probably of the reverse. The Roman colonies, bearing onwards with them

the civil as well as the military life of the Republic, were, with the

general system of provincial municipalities of which they constituted

the core, to no small extent centres of civilization, though doubtless

they were also to some extent instruments of oppression. "Where the

Roman conquered he dwelt," and the dwelling of the Roman was, on the

whole, the abode of a civilizing influence. Representation of

dependencies in the sovereign assembly of the imperial country was

unknown, and would have been impracticable. Conquest had not so far put

off its iron nature. In giving her dependencies municipal institutions

and municipal life, Rome did the next best thing to giving them

representation. A Roman province with its municipal life was far above a

satrapy, though far below a nation.

Then how came Rome to be the foundress and the great source of law?

This, as we said before, calls for a separate explanation. An

explanation we do not pretend to give, but merely a hint which may

deserve notice in looking for the explanation. In primitive society, in

place of law, in the proper sense of the term, we find only tribal

custom, formed mainly by the special exigencies of tribal self-

preservation, and confined to the particular tribe. When Saxon and Dane

settle down in England side by side under the treaty made between Alfred

and Guthurm, each race retains the tribal custom which serves it as a

criminal law. A special effort seems to be required in order to rise

above this custom to that conception of general right or expediency

which is the germ of law as a science. The Greek, sceptical and

speculative as he was, appears never to have quite got rid of the notion

that there was something sacred in ancestral custom, and that to alter

it by legislation was a sort of impiety. We in England still conceive

that there is something in the breast of the judge, and the belief is a

lingering shadow of the tribal custom, the source of the common law. Now

what conditions would be most favourable to this critical effort, so

fraught with momentous consequences to humanity? Apparently a union of

elements belonging to different tribes such as would compel them, for

the preservation of peace and the regulation of daily intercourse, to

adopt some common measure of right. It must be a union, not a conquest

of one tribe by another, otherwise the conquering tribe would of course

keep its own customs, as the Spartans did among the conquered people of

Laconia. Now it appears likely that these conditions were exactly

fulfilled by the primaeval settlements on the hills of Rome. The hills

are either escarped by nature or capable of easy escarpment, and seem

originally to have been little separate fortresses, by the union of

which the city was ultimately formed. That there were tribal differences

among the inhabitants of the different hills is a belief to which all

traditions and all the evidence of institutions point, whether we

suppose the difference to have been great or not and whatever special

theory we may form as to the origin of the Roman people. If the germ of

law, as distinguished from custom, was brought into existence in this

manner, it would be fostered and expanded by the legislative exigencies

of the political and social concordat between the two orders, and also

by those arising out of the adjustment of relations with other races in

the course of conquest and colonization.

Roman law had also, in common with Roman morality, the advantage of

being comparatively free from the perverting influences of tribal

superstition. [Footnote: From religious perversion Roman law was

eminently free: but it could not be free from perverting influences of a

social kind; so that we ought to be cautious, for instance, in borrowing

law on any subject concerning the relations between the sexes from the

corrupt society of the Roman Empire.] Roman morality was in the main a

rational rule of duty, the shortcomings and aberrations of which arose

not from superstition, but from narrowness of perception, peculiarity of

sphere, and the bias of national circumstance. The auguries, which were

so often used for the purposes of political obstruction or intrigue,

fall under the head rather of trickery than of superstition.

Roman law in the same manner was a rule of expediency, rightly or

wrongly conceived, with comparatively little tincture of religion. In

this again we probably see the effect of a fusion of tribes upon the

tribal superstitions. "Rome," it has been said, "had no mythology." This

is scarcely an overstatement; and we do not account for the fact by

saying that the Romans were unimaginative, because it is not the

creative imagination that produces a mythology, but the impression made

by the objects and forces of nature on the minds of the forefathers of

the tribe.

A more tenable explanation, at all events, is that just suggested, the

disintegration of mythologies by the mixture of tribes. A part of the

Roman religion--the worship of such abstractions as Fides, Fortuna,

Salus, Concordia, Bellona, Terminus--even looks like a product of the

intellect posterior to the decay of the mythologies, which we may be

pretty sure were physical. It is no doubt true that the formalities

which were left--hollow ceremonial, auguries, and priesthoods which were

given without scruple, like secular offices, to the most profligate men

of the world--were worse than worthless in a religious point of view.

But historians who dwell on this fail to see that the real essence of

religion, a belief in the power of duty and of righteousness, that

belief which afterwards took the more definite form of Roman Stoicism,

had been detached by the dissolution of the mythologies, and exerted its

force, such as that force was, independently of the ceremonial, the

sacred chickens, and the dissipated high priests. In this sense the

tribute paid by Polybius to the religious character of the Romans is

deserved; they had a higher sense of religious obligation than the

Greeks; they were more likely than the Greeks, the Phoenicians, or any

of their other rivals, to swear and disappoint not, though it were to

their own hindrance; and this they owed, as we conceive, not to an

effort of speculative intellect, which in an early stage of society

would be out of the question, but to some happy conjunction of

circumstances such as would be presented by a break-up of tribal

mythologies, combined with influences favourable to the formation of

strong habits of political and social duty. Religious art was

sacrificed; that was the exclusive heritage of the Greek; but superior

morality was on the whole the heritage of the Roman, and if he produced

no good tragedy himself, he furnished characters for Shakespeare and

Corneille.

Whatever set the Romans free, or comparatively free, from the tyranny of

tribal religion may be considered as having in the same measure been the

source of the tolerance which was so indispensable a qualification for

the exercise of dominion over a polytheistic world. They waged no war on

"the gods of the nations," or on the worshippers of those gods as such.

They did not set up golden images after the fashion of Nebuchadnezzar.

In early times they seem to have adopted the gods of the conquered, and

to have transported them to their own city. In later times they

respected all the religions except Judaism and Druidism, which assumed

the form of national resistance to the empire, and worships which they

deemed immoral or anti-social, and which had intruded themselves into

Rome.

Another grand step in the development of law is the severance of the

judicial power from the legislative and the executive, which permits the

rise of jurists, and of a regular legal profession. This is a slow

process. In the stationary East, as a rule, the king has remained the

supreme judge. At Athens, the sovereign people delegated its judicial

powers to a large committee, but it got no further; and the judicial

committee was hardly more free from political passion, or more competent

to decide points of law, than the assembly itself. In England the House

of Lords still, formally at least, retains judicial functions. Acts of

attainder were a yet more primitive as well as more objectionable relic

of the times in which the sovereign power, whether king, assembly, or

the two combined, was ruler, legislator, and judge all in one. We shall

not attempt here to trace the process by which this momentous separation

of powers and functions was to a remarkable extent accomplished in

ancient Rome. But we are pretty safe in saying that the _praetor

peregrinus_ was an important figure in it, and that it received a

considerable impulse from the exigencies of a jurisdiction between those

who as citizens came under the sovereign assembly and the aliens or

semi-aliens who did not.

Whether the partial explanations of the mystery of Roman greatness which

we have here suggested approve themselves to the reader's judgment or

not, it may at least be said for them that they are _verae causae_,

which is not the case with the story of the foster-wolf, or anything

derived from it, any more than with the story of the prophetic

apparitions of Jupiter on the Capitoline Hill.

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