Mommsen has drawn our attention to the business-like relation between

worshipper and god, for that is also typical of the old Roman

character. “The gods,” he says, “confronted man just as a creditor

confronted a debtor.... Man even dealt in speculation with his god: a

vow was in reality as in name a formal contract between the god and the

man by which the latter promised to the former for a certain service

to be rendered a certain equivalent return.” Nay, he might venture to

defraud his god. “They presented to the lord of the sky heads of onions

or poppies, that he might launch his lightnings at these rather than

at the heads of men. In payment of the offering annually demanded by

father Tiber, thirty puppets plaited of rushes were annually thrown

into the stream.” It may be true, as Mr. Warde Fowler argues, that the

bargain sometimes took the form of a lively sense of favours to come,

but a _votum_ was essentially a business transaction.

The deity was very dimly visualised: the cult was everything, the god

nothing. The true Latin god does not marry or beget children--did not,

at least, till the Greek theologians came over and married them all

suitably and provided them with families. Before history began the

Romans had forgotten the little they had ever known about their most

ancient deities. The rite, perhaps the altar, was preserved, but no

one remembered the object of it. This is a typical Roman prayer as we

have it in old Cato: “This is the proper Roman way to cut down a grove.

Sacrifice with a pig for a peace-offering. This is the verbal formula:

Whether thou art a god or a goddess to whom that grove is sacred, may

it be justice in thine eyes to sacrifice a pig for a peace-offering in

order that the sanctity may be restrained. For this cause, whether I

perform the sacrifice or any one else at my orders, may it be rightly

done. For that cause in sacrificing this pig for a peace-offering I

pray thee honest prayers that thou mayest be kind and propitious to

me and my house and my slaves and my children. For these causes be

thou blessed with the sacrifice of this pig for a peace-offering.” To

misplace a word in this formula would have been fatal. The vagueness of

the address is typical: the wood is sacred, no doubt, to some invisible

_numen_; the woodman must guard himself against addressing the wrong

power. Much of the Roman worship is thus offered “to the Unknown God.”

LAW

It was this quality of precision and formalism which made Rome the

lawgiver of Europe. In the battle between law and sentiment the Roman

sword has been thrown with decisive effect into the scale of law. All

Roman law was originally a series of formulæ, and like all ancient law

a part of religion. First the king and then the priests were the only

people who knew these formulæ. Thus the king was the sole judge both in

private and public right; he might summon a council of advisers or he

might delegate his powers to an inferior officer, such as the prætor

or the prefect of the city, or the trackers of murder. Both these

rights, that of choosing a consilium and of delegating authority, with,

however, a right of appeal from the lower to the higher functionary,

remained inherent in the Roman magistracy. In all cases, private or

public, the king or the magistrate who replaced him had to pronounce

the _jus_ first: that is, to state the proper formula for the case in

question; then he would send the case for trial of fact, or _judicium_,

before judge or jury. The formula would run “if it appears that A.

B. has been guilty of---- condemn him to----; if not, acquit him.”

_Jus_, human right, was inseparably connected with _fas_, divine right:

no layman could properly interpret either. For a long time it was

necessary for one of the priests to be present in court to see that the

proper formularies of action were observed with strict verbal accuracy.

This was, of course, an enormously powerful weapon in the hands of the

patricians.

Then in the course of the struggle between the orders came the usual

demand for written laws. The famous story of the Decemviri and their

commission to Athens in 451 B.C. is unfortunately very dubious history.

It is full of romantic elements, it is part of that systematic

depreciation of the Claudii in Roman history which Mommsen has traced

to its probable source, it has elements which look as if they were

borrowed from the story of the thirty tyrants at Athens, and there

is no confirmation from the Athenian side. Professor Pais believes

that the fifth century is much too early for such a code. There are,

it is true, in the fragments of the Twelve Tables which have come

down to us, some enactments closely resembling those of the Greek

codes--regulations, for example, limiting the expense of funerals--but

we find such laws in other codes than that of Solon. One would like to

have fuller details about that later Appius Claudius, the famous censor

of 312 B.C. It is said that he desired to reduce the now complicated

bulk of legal formulæ to writing simply for the benefit of the priests,

but that a low-born scribe, one Flavius, whom he employed for the

purpose as his clerk, fraudulently revealed these judicial secrets

to the public. The whole tendency of the Claudian falsifications is

to make out that the Claudii were tyrannical and anti-democratic. It

certainly looks as if the dishonesty of the freedman had been put into

the story for the purpose of robbing the famous censor of his credit

for helping the people to a knowledge of law.

The whole fabric of Roman law was supposed to rest upon the foundation

of the Twelve Tables. Only fragments of them have come down to us.

They are undoubtedly very ancient and primitive, more so, it would

seem, than the Athenian law of 451 B.C. Fines are to be paid in metal

by weight. A creditor has the right to carve up the body of his

debtor. Plebeian may not intermarry with patrician. But they also

carried something of a charter of liberties for the citizens in that

capital punishment could not be inflicted without right of appeal to

the assembly, and no law could be proposed against an individual. The

language of this famous code is of a rugged simplicity and directness

that is truly Roman. On the whole Roman law is merciful, considering

its strict character: though much of Roman pleading, as we have it in

the mouth of Cicero, is full of appeals to sentiment, Roman law itself

allows no appeal to anything so vague as abstract justice. The written

letter stands, and there can be no pleading without a legal formula.

The character of the ancient Roman is best described by his favourite

virtue of _gravitas_. In that word is implied serious purpose,

dignified reserve, fidelity to one’s promise, and a sense of duty.

Levity is its opposite, and among the things repugnant to true Roman

gravity were art, music, and literature. It is on the battlefield, in

the senate-house, and the law-courts that the old Roman is most truly

at home.

II

CONQUEST

quæ neque Dardanus campis potuere perire

nec quom capta capi, nec quom combusta cremari,

augusto augurio postquam incluta condita Roma est.

ENNIUS.

[Illustration: This is a block letter “T”]

The great Samnite wars, which had lasted on and off from 343 to 290

B.C., had been the school of Roman valour. In her citizen legions

Rome had evolved a fighting machine unequalled, probably, until the

Musketeers of Louis XIV. and Marlborough. Also she was learning

politics and the art of government. She was now mistress over the

greater part of Italy; all, in fact, except the Gallic plain in the

north and the Greek cities of the south. The Pyrrhic war which followed

after a short breathing-space forms the transition between domestic

expansion and foreign conquest. Our business here is not with wars

and battles for their own sake, but it will be important to observe

in what manner Rome was launched on her career of empire-making.

Seeley has shown how the British Empire grew up in a haphazard manner,

without any wise policy to direct its growth, with continual neglect

of opportunities, and often in contemptuous ignorance of the work that

private citizens were undertaking for its honour and advancement.

We shall see that it was very much the same with the Roman Empire.

One responsibility leads to another, one conquest leads to many

entanglements: if the coast is to be held the hinterland must be

conquered. Thus power follows capacity, and the doctrine which seems

so unjust, “To him that hath shall be given, from him that hath not

shall be taken away even that which he seemeth to have,” is fulfilled

in all the dealings between Providence and imperial peoples. By coming

into contact with the Greeks of the south Rome was brought definitely

to deal with a superior but declining civilisation. The career of

Agathocles, the brigand tyrant of Sicily, had lately shown how easy a

thing it was to make empires among the opulent and luxurious cities of

the Calabrian and Bruttian shores.

One summer’s day in 282 B.C. the people of Tarentum were seated

in their open-air theatre, watching the performance of a tragedy.

They looked out above the stage over the blue waters of the Gulf of

Calabria, and there they saw a small detachment of the Roman fleet

sailing into their harbour. The ships were on a voyage entirely

peaceful, but there was an old treaty forbidding the Romans to pass the

Lacinian Promontory, and these barbarians had lately been interfering

in the affairs of their Greek neighbours, always in favour of oligarchy

against democracy. The mob was seized with a sudden access of fury;

they rushed down to the harbour, butchered or enslaved the sailors, and

put the admiral to death. The Roman Senate met this atrocious insult

with calm, even with generosity. But the Tarentine mob would have no

peace. Looking abroad for a champion they invited the Prince of Epirus

to their aid. Pyrrhus was a young man of charm, ability, and ambition

almost equal to that of Alexander the Great, whose career he longed to

emulate in the West. He was called the first general of his day, and

he brought with him 20,000 infantrymen of the phalanx, 2000 archers,

500 slingers, and 3000 cavalry. Moreover he had twenty Indian war

elephants. The boastful Greeks had offered to provide 350,000 infantry,

but when it came to the point they would do nothing but hire a few

mercenaries. However, Pyrrhus was victorious in the first battle near

Heraclea. The victory was won, it is said, by the final charge of the

elephants. The simple Romans had never seen an elephant before; they

called them “snake-hands” and “Lucanian cows,” and their horses were

even more alarmed than they. But the next time the Romans had to meet

elephants they provided themselves first with wonderful machines, in

which chariots were mysteriously blended with chafing-dishes, and then

when these failed, with fiery darts, which converted this heavy cavalry

into engines of destruction for their owners. That is rather typical of

the simple Roman and his way of encountering monsters.

After the victory of Heraclea, Pyrrhus sent to Rome with overtures of

peace a smooth-tongued courtier named Cineas, who was much impressed

with the incorruptibility of the political chiefs and their wives. It

was he who described the Senate as a “council of kings,” so grave and

majestic was their bearing and discourse. Nevertheless the Roman Senate

would have made terms if it had not been for the great Censor Appius

Claudius, now blind and infirm, who laid down for the first time the

celebrated doctrine that Rome never listened to terms while there were

foreign troops on Italian soil. Therefore, although the Romans had lost

15,000 men, fresh conscripts eagerly enrolled themselves to make a new

army.

Meanwhile Pyrrhus, after another incomplete “Pyrrhic” victory, was

proceeding unchecked over the island of Sicily. There he drove the

Carthaginians from point to point until they concentrated in their

great stronghold of Lilybæum in the west. But all the time his position

was desperate. The coalition on which he depended was composed of

faithless and useless allies. While his stiff Epirot phalanx was

depleted at every victory, fresh levies of Roman citizens seemed to

spring from the soil to replace the losses of every defeat. So at

length it came to the battle of the Arusine Plain, near Beneventum, in

which the Romans were completely victorious. Thus Pyrrhus leaves to

history the reputation not of a conqueror but of an adventurer. The

Romans had thus faced and overthrown the Greek phalanx at its best, and

were now masters of Italy from Genoa to Reggio, with Sicily obviously

inviting their next advance. That Rome was now formally accepted among

the great powers of the Mediterranean world is shown by an embassy

offering alliance with Ptolemy of Egypt.

She had a breathing-space of eleven years before the first of her two

great conflicts with the Carthaginians. Carthage, a colony of the

Phœnicians of Tyre, had grown rich and prosperous on the fertile soil

of the modern Tunis. She was an aristocracy wholly devoted to trade,

and living uncomfortably amid a surrounding population of dangerous

native subjects. War was not her main business, but when she sought

fresh markets she was apt to fight with horrible ferocity, sacrificing

her prisoners in hundreds to hideous gods when she was victorious,

and impaling her generals when she was not. As a military power she

varied greatly: the comparatively puny Greek states of Sicily had

been maintaining a fairly equal struggle against her for centuries.

But she used the British system of sepoy troops, and thus everything

depended on the general. Had it not been for the inexperience of the

Romans at sea and the extraordinary genius of Hannibal, Carthage would

never have come as near victory as she did. We have no history of the

struggle from the Punic side, and Carthage herself must remain somewhat

of a mystery even when illuminated by the brilliant imagination of the

author of _Salammbô_.

In entering upon this war, which Rome did ostensibly in response to an

appeal from a parcel of ruffianly outlaws for whom she had no sympathy

whatever, we can for once discover no motive but desire of conquest.

Messina, the home of the said ruffians, was for her merely the _tête

du pont_ which led from Bruttium into Sicily. The conquest of that

rich Greek island was plainly the objective, but she plunged into war

without foreseeing the immensity of her undertaking. The chief interest

of the First Punic War, which lasted from 264 to 241, lies in the

creation of a Roman navy which occurred in the course of it. Although

we may agree with Mommsen that “it is only a childish view to believe

that the Romans then for the first time dipped their oars in water,”

yet tradition says that the Romans constructed a fleet in a great

hurry, taking for model a stranded Carthaginian galley. It was at any

rate her first war-fleet worth mentioning. The tradition is proved by

the lack of seamanship displayed by the Romans, for every storm cost

her enormous losses by shipwreck. The device by which she overcame the

Punic ships--a sort of grappling gangway on pulleys affixed to her

masts, so that her soldiers could fight the enemy as if on shore--was

a successful but essentially a landlubberly invention, and no doubt

accounts for many of her losses by shipwreck. Her annual consuls,

transformed for the occasion into annual admirals, had not even as much

opportunity as Colonel Blake to learn their trade. And, though Rome

launched fleet after fleet until at length she became mistress of the

seas, she never treated her navy with respect. The ships were rowed

by slaves and manned chiefly by subject allies, but the real business

of fighting was done by the 120 legionaries on each vessel, who came

into action when the enemy was grappled and the gangway fast in her

deck. So the war dragged on for nearly a generation until at length the

Carthaginians made peace, and Rome gained the coveted island. Britain

is not the only empire in history which wins victories by “muddling

through.”

The peace was clearly nothing more than a respite: the command of the

Western Mediterranean was not yet settled. Rome spent the interval

in making fresh conquests. First she seized the opportunity, while

Carthage was involved with her native rebels, to annex the islands of

Sardinia and Corsica, alleging with more ingenuity than geographical

exactitude that these were some of the islands between Sicily and

Africa which Carthage had agreed to surrender. Here we behold the

simple Roman as a diplomat. Then she was compelled to intervene in

Illyria in order to clear the Adriatic of piracy, and so acquired

territory across the water. Soon afterwards the Gauls of the northern

plain began under pressure from their kinsmen across the Alps to

threaten invasion; and Rome, after failing to gain the favour of heaven

by the pious expedient of burying a male and female Gaul alive in her

Forum, marched out to meet them, slaughtered them in thousands, and

thus rounded off her control over the peninsula. Much of this looks

like conscious empire-building.

In the Second Punic War, which lasted from 218 to the end of the

century, Rome was not the aggressor. At Carthage by this time the

native rebellion had been put down with a heavy hand. It seems that

Carthage had its party system, the democracy, as usual in ancient

cities, being for war, and the aristocracy of rich merchants for peace.

The democracy was led by the celebrated Barca family, who had long

supplied the state with famous generals and now occupied a position

of unrivalled eminence. Constitutionally a Carthaginian could rise

no further than to be one of the two _shophets_ who corresponded to

the Roman consuls, but actually the Barcas were more like a family of

dictators. From the first Hamilcar Barca foresaw that Rome was still

the enemy, and he is said to have made his little son Hannibal swear

an oath at the altar that he would prosecute that enmity to the death.

But first it was necessary to acquire resources and an army for the

purpose. This he resolved to do, as Julius Cæsar did after him, by

foreign conquest. Without orders from home he led his army into Spain,

and there began to build up a province and a native army under his

absolute control. Though Cadiz was already a Carthaginian market and

there was already a Greek colony at Saguntum, and the ships of Tarshish

were known even to King Solomon, this is the first real appearance of

Spain in history. There was metal to be had from the mines, gold,

copper, and silver, and there were hardy warriors in the hills who only

needed training to become excellent soldiers. So Carthage began to

acquire a western substitute for her lost province of Sicily. Hamilcar

died; his son-in-law, Hasdrubal, was assassinated; and then the army

chose for its leader Hamilcar’s son Hannibal, then a young man of

twenty-nine.

This man, though his history was written exclusively by his enemies,

stands out as one of the greatest leaders in history. In strategy he

was supreme; in statesmanship he had the gift which Marlborough shared

of being able by his personal influence to hold unwilling allies

together even in adverse circumstances. He was a cultivated man who

spoke and wrote Greek and Latin. He is charged by the jealousy of

the Romans with cruelty and perfidy, but in fact history has nothing

to substantiate these charges: on the contrary his actions are often

magnanimous and honourable. His brilliance as a general largely sprang

from his power of entering into the mind of his enemy. This was the man

who inherited his father’s deep-laid plans of vengeance, and set out,

his heart burning with hatred of Rome, to fulfil them.

We cannot dwell upon his wonderful march over the Alps and his

brilliant series of victories on the soil of Italy. Hannibal’s whole

plan of campaign was, briefly, to invade Italy by land with a compact

striking force and raise the unwilling subjects of Rome against her,

while the main force of Carthage attacked Sicily and Italy by sea. But

it contained three serious miscalculations which brought it eventually

to ruin. First, the southern Gauls on whom Hannibal relied for his

communications and his base proved fickle and untrustworthy allies;

secondly, he found that Rome’s mild imperial system had not produced

unwilling subjects such as Carthage possessed in Africa; and thirdly,

he hoped for support from Philip of Macedon, but here he was foiled

by Roman diplomacy. Moreover, while the Romans showed a tenacity and

power of recuperation unexampled in history, Carthage herself, now in

the hands of the commercial oligarchs, gave him grudging and uncertain

support. The firmness and courage of the Roman senate and people were

amazing. Beaten again and again in the field at the Ticino, the Trebia,

Lake Trasimene, and Cannæ, Rome never lost her pride. She refused

offers of help from King Hiero of Syracuse, she could find time to

order the Illyrian chiefs to pay their tribute, she actually summoned

Philip of Macedon to surrender her fugitive rebel Demetrius. She kept

an army in Spain; a fleet still cruised in Greek waters; she had an

army in Sicily, while four legions besieged Capua; she had troops in

Sardinia, three legions in North Italy, two legions as a garrison

in the capital--no fewer than 200,000 citizens under arms. When the

foolish demagogue Varro returned in defeat and disgrace from the awful

disaster at Cannæ, the senate thanked him for not having committed

suicide--“for not having despaired of the salvation of his country.”

No doubt Rome owed something, but not as much as her poets and

orators pretended, to the cautious tactics of Quintus Fabius. At any

rate, he gave her time to grow used to the presence of the invader

and to recover from the shock of the three disasters with which the

war opened. The Romans had never before been called upon to face a

consummate strategist. Pyrrhus had been, within the limitations of

Greek warfare, a clever tactician; he had even shown the originality

to copy the Roman manipular system in his later battles. But Hannibal

was more than a strategist; he was a psychologist who knew when

the opposing general was rash and when he was wary, who had spies

everywhere and could supplement their intelligence by disguising

himself to do his own scouting. Scouting was an art that the Romans

had yet to learn by bitter experience. At the Trasimene Lake[10] they

blundered straight into the most obvious of natural death-traps. But

the Romans were always good learners, and, as usually happens, the

amateur patriot army steadily improved during the war while the hired

professionals steadily deteriorated. The actual strategy by which

Hannibal won most of his battles was simple enough. It was the policy

of a long weak centre into which the Roman legions buried themselves

deep while the two strong wings of the enemy closed round on their

flanks and rear. In his Numidian horsemen Hannibal had the finest light

cavalry yet known to European warfare.

For a time all went brilliantly for the invader. Italians, Greeks, and

Gauls joined his victorious standard. Rome was on the brink of despair.

The very gods began to tremble; their statues sweated blood, two-headed

lambs were born with alarming frequency, and cows in Apulia uttered

prophetic warnings with human voices; the most horrible of omens

portended destruction. But the city and the senate never lost heart and

gradually as the years passed by Hannibal began to see that his cause

was lost. The Latin allies stood firm for Rome. The Romans were able to

hold Sicily and even despatch a brilliant and lucky young general named

Scipio to reconquer Spain. Thus the longed-for reinforcements were cut

off. The stupid aristocracy of Carthage were jealous of their great

soldier, and when at last a reinforcing Punic army from Spain managed

to slip through into Italy, Nero caught it at the River Metaurus just

before the junction was effected. The first news of that battle came

to Hannibal when the Romans tossed over the rampart into his camp the

bleeding head of the defeated general, his own brother Hasdrubal.

Horace has sung of this tragic episode in his noblest manner:

quid debeas, o Roma, Neronibus

testis Metaurum flumen et Hasdrubal

devictus et pulcer fugatis

ille dies Latio tenebris.

* * * * *

dixitque tandem perfidus Hannibal:

“cerui, luporum præda rapacium,

sectamur ultro quos opimus

fallere et effugere est triumphus

* * * * *

“Carthagini iam non ego nuntios

mittam superbos. occidit, occidit

spes omnis et fortuna nostri

nominis Hasdrubale interempto.”[11]

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