In singular contrast to this grand conception and treatment of

Roman history by a foreigner stands the contemporary historical

literature of native growth. At the beginning of this period we

still find some chronicles written in Greek such as that already

mentioned(29) of Aulus Postumius (consul in 603), full of wretched

rationalizing, and that of Gaius Acilius (who closed it at an

advanced age about 612). Yet under the influence partly of

Catonian patriotism, partly of the more refined culture of

the Scipionic circle, the Latin language gained so decided an

ascendency in this field, that of the later historical works not

more than one or two occur written in Greek;(30) and not only so,

but the older Greek chronicles were translated into Latin and were

probably read mainly in these translations. Unhappily beyond the

employment of the mother-tongue there is hardly anything else

deserving of commendation in the chronicles of this epoch composed

in Latin. They were numerous and detailed enough--there are

mentioned, for example, those of Lucius Cassius Hemina (about 608),

of Lucius Calpurnius Piso (consul in 621), of Gaius Sempronius

Tuditanus (consul in 625), of Gaius Fannius (consul in 632).

To these falls to be added the digest of the official annals of

the city in eighty books, which Publius Mucius Scaevola (consul

in 621), a man esteemed also as a jurist, prepared and published

as -pontifex maximus-, thereby closing the city-chronicle in so

far as thenceforth the pontifical records, although not exactly

discontinued, were no longer at any rate, amidst the increasing

diligence of private chroniclers, taken account of in literature.

All these annals, whether they gave themselves forth as private or

as official works, were substantially similar compilations of the

extant historical and quasi-historical materials; and the value of

their authorities as well as their formal value declined beyond

doubt in the same proportion as their amplitude increased.

Chronicle certainly nowhere presents truth without fiction, and it

would be very foolish to quarrel with Naevius and Pictor because

they have not acted otherwise than Hecataeus and Saxo Grammaticus;

but the later attempts to build houses out of such castles in the

air put even the most tried patience to a severe test No blank in

tradition presents so wide a chasm, but that this system of smooth

and downright invention will fill it up with playful facility.

The eclipses of the sun, the numbers of the census, family-registers,

triumphs, are without hesitation carried back from the current year

up to the year One; it stands duly recorded, in what year, month,

and day king Romulus went up to heaven, and how king Servius

Tullius triumphed over the Etruscans first on the 25th November

183, and again on the 25th May 187, In entire harmony with such

details accordingly the vessel in which Aeneas had voyaged from

Ilion to Latium was shown in the Roman docks, and even the

identical sow, which had served as a guide to Aeneas, was preserved

well pickled in the Roman temple of Vesta. With the lying

disposition of a poet these chroniclers of rank combine all the

tiresome exactness of a notary, and treat their great subject

throughout with the dulness which necessarily results from the

elimination at once of all poetical and all historical elements.

When we read, for instance, in Piso that Romulus avoided indulging

in his cups when he had a sitting of the senate next day; or that

Tarpeia betrayed the Capitol to the Sabines out of patriotism,

with a view to deprive the enemy of their shields; we cannot be

surprised at the judgment of intelligent contemporaries as to all

this sort of scribbling, "that it was not writing history, but

telling stories to children." Of far greater excellence were

isolated works on the history of the recent past and of the

present, particularly the history of the Hannibalic war by Lucius

Caelius Antipater (about 633) and the history of his own time

by Publius Sempronius Asellio, who was a little younger. These

exhibited at least valuable materials and an earnest spirit of truth,

in the case of Antipater also a lively, although strongly affected,

style of narrative; yet, judging from all testimonies and fragments,

none of these books came up either in pithy form or in originality

to the "Origines" of Cato, who unhappily created as little of a school

in the field of history as in that of politics.

Memoirs and Speeches

The subordinate, more individual and ephemeral, species of

historical literature--memoirs, letters, and speeches--were

strongly represented also, at least as respects quantity.

The first statesmen of Rome already recorded in person their

experiences: such as Marcus Scaurus (consul in 639), Publius Rufus

(consul in 649), Quintus Catulus (consul in 652), and even the

regent Sulla; but none of these productions seem to have been of

importance for literature otherwise than by the substance of their

contents. The collection of letters of Cornelia, the mother of

the Gracchi, was remarkable partly for the classical purity of

the language and the high spirit of the writer, partly as the first

correspondence published in Rome, and as the first literary

production of a Roman lady. The literature of speeches preserved

at this period the stamp impressed on it by Cato; advocates'

pleadings were not yet looked on as literary productions, and such

speeches as were published were political pamphlets. During the

revolutionary commotions this pamphlet-literature increased in

extent and importance, and among the mass of ephemeral productions

there were some which, like the Philippics of Demosthenes and

the fugitive pieces of Courier, acquired a permanent place in

literature from the important position of their authors or from

their own weight. Such were the political speeches of Gaius

Laelius and of Scipio Aemilianus, masterpieces of excellent Latin

as of the noblest patriotism; such were the gushing speeches of

Gaius Titius, from whose pungent pictures of the place and the

time--his description of the senatorial juryman has been given

already(31)--the national comedy borrowed various points; such

above all were the numerous orations of Gaius Gracchus, whose

fiery words preserved in a faithful mirror the impassioned

earnestness, the aristocratic bearing, and the tragic destiny

of that lofty nature.

Sciences

In scientific literature the collection of juristic opinions by

Marcus Brutus, which was published about the year 600, presents

a remarkable attempt to transplant to Rome the method usual among

the Greeks of handling professional subjects by means of dialogue,

and to give to his treatise an artistic semi-dramatic form by a

machinery of conversation in which the persons, time, and place

were distinctly specified. But the later men of science, such

as Stilo the philologist and Scaevola the jurist, laid aside

this method, more poetical than practical, both in the sciences

of general culture and in the special professional sciences.

The increasing value of science as such, and the preponderance

of a material interest in it at Rome, are clearly reflected in this

rapid rejection of the fetters of artistic form. We have already

spoken(32) in detail of the sciences of general liberal culture,

grammar or rather philology, rhetoric and philosophy, in so far

as these now became essential elements of the usual Roman training

and thereby first began to be dissociated from the professional

sciences properly so called.

Philology

In the field of letters Latin philology flourished vigorously, in

close association with the philological treatment--long ago placed

on a sure basis--of Greek literature. It was already mentioned

that about the beginning of this century the Latin epic poets found

their -diaskeuastae- and revisers of their text;(33) it was also

noticed, that not only did the Scipionic circle generally insist

on correctness above everything else, but several also of the most

noted poets, such as Accius and Lucilius, busied themselves with

the regulation of orthography and of grammar. At the same period

we find isolated attempts to develop archaeology from the

historical side; although the dissertations of the unwieldy

annalists of this age, such as those of Hemina "on the Censors"

and of Tuditanus "on the Magistrates," can hardly have been better

than their chronicles. Of more interest were the treatise on

the Magistracies by Marcus Junius the friend of Gaius Gracchus, as

the first attempt to make archaeological investigation serviceable

for political objects,(34) and the metrically composed -Didascaliae-

of the tragedian Accius, an essay towards a literary history of the

Latin drama. But those early attempts at a scientific treatment

of the mother-tongue still bear very much a dilettante stamp, and

strikingly remind us of our orthographic literature in the Bodmer-

Klopstock period; and we may likewise without injustice assign but

a modest place to the antiquarian researches of this epoch.

Stilo

The Roman, who established the investigation of the Latin language

and antiquities in the spirit of the Alexandrian masters on a

scientific basis, was Lucius Aelius Stilo about 650.(35) He first

went back to the oldest monuments of the language, and commented on

the Salian litanies and the Twelve Tables. He devoted his special

attention to the comedy of the sixth century, and first formed a

list of the pieces of Plautus which in his opinion were genuine.

He sought, after the Greek fashion, to determine historically the

origin of every single phenomenon in the Roman life and dealings

and to ascertain in each case the "inventor," and at the same time

brought the whole annalistic tradition within the range of his

research. The success, which he had among his contemporaries, is

attested by the dedication to him of the most important poetical,

and the most important historical, work of his time, the Satires

of Lucilius and the Annals of Antipater; and this first Roman

philologist influenced the studies of his nation for the future by

transmitting his spirit of investigation both into words and into

things to his disciple Varro.

Rhetoric

The literary activity in the field of Latin rhetoric was, as might

be expected, of a more subordinate kind. There was nothing here to

be done but to write manuals and exercise-books after the model of

the Greek compendia of Hermagoras and others; and these accordingly

the schoolmasters did not fail to supply, partly on account of the

need for them, partly on account of vanity and money. Such a

manual of rhetoric has been preserved to us, composed under Sulla's

dictatorship by an unknown author, who according to the fashion

then prevailing(36) taught simultaneously Latin literature and

Latin rhetoric, and wrote on both; a treatise remarkable not merely

for its terse, clear, and firm handling of the subject, but above

all for its comparative independence in presence of Greek models.

Although in method entirely dependent on the Greeks, the Roman yet

distinctly and even abruptly rejects all "the useless matter which

the Greeks had gathered together, solely in order that the science

might appear more difficult to learn." The bitterest censure is

bestowed on the hair-splitting dialectics--that "loquacious science

of inability to speak"--whose finished master, for sheer fear of

expressing himself ambiguously, at last no longer ventures to

pronounce his own name. The Greek school-terminology is throughout

and intentionally avoided. Very earnestly the author points out

the danger of many teachers, and inculcates the golden rule that

the scholar ought above all to be induced by the teacher to help

himself; with equal earnestness he recognizes the truth that the

school is a secondary, and life the main, matter, and gives in

his examples chosen with thorough independence an echo of those

forensic speeches which during the last decades had excited notice

in the Roman advocate-world. It deserves attention, that the

opposition to the extravagances of Hellenism, which had formerly

sought to prevent the rise of a native Latin rhetoric,(37)

continued to influence it after it arose, and thereby secured

to Roman eloquence, as compared with the contemporary eloquence

of the Greeks, theoretically and practically a higher dignity

and a greater usefulness.

Philosophy

Philosophy, in fine, was not yet represented in literature,

since neither did an inward need develop a national Roman philosophy

nor did outward circumstances call forth a Latin philosophical

authorship. It cannot even be shown with certainty that there

were Latin translations of popular summaries of philosophy

belonging to this period; those who pursued philosophy read

and disputed in Greek.

Professional Sciences

Jurisprudence

In the professional sciences there was but little activity.

Well as the Romans understood how to farm and how to calculate,

physical and mathematical research gained no hold among them.

The consequences of neglecting theory appeared practically in

the low state of medical knowledge and of a portion of the military

sciences. Of all the professional sciences jurisprudence alone was

flourishing. We cannot trace its internal development with

chronological accuracy. On the whole ritual law fell more and

more into the shade, and at the end of this period stood nearly

in the same position as the canon law at the present day. The finer

and more profound conception of law, on the other hand, which

substitutes for outward criteria the motive springs of action

within--such as the development of the ideas of offences arising

from intention and from carelessness respectively, and of

possession entitled to temporary protection--was not yet in

existence at the time of the Twelve Tables, but was so in the age

of Cicero, and probably owed its elaboration substantially to the

present epoch. The reaction of political relations on the development

of law has been already indicated on several occasions; it was

not always advantageous. By the institution of the tribunal of the

-Centumviri- to deal with inheritance,(38) for instance, there was

introduced in the law of property a college of jurymen, which, like

the criminal authorities, instead of simply applying the law placed

itself above it and with its so-called equity undermined the legal

institutions; one consequence of which among others was the

irrational principle, that any one, whom a relative had passed over

in his testament, was at liberty to propose that the testament

should be annulled by the court, and the court decided according

to its discretion.

The development of juristic literature admits of being more

distinctly recognized. It had hitherto been restricted to

collections of formularies and explanations of terms in the laws;

at this period there was first formed a literature of opinions

(-responsa-), which answers nearly to our modern collections of

precedents. These opinions--which were delivered no longer merely

by members of the pontifical college, but by every one who found

persons to consult him, at home or in the open market-place,

and with which were already associated rational and polemical

illustrations and the standing controversies peculiar to

jurisprudence--began to be noted down and to be promulgated in

collections about the beginning of the seventh century. This was

done first by the younger Cato (d. about 600) and by Marcus Brutus

(nearly contemporary); and these collections were, as it would

appear, arranged in the order of matters.(39) A strictly

systematic treatment of the law of the land soon followed.

Its founder was the -pontifex maximus- Quintus Mucius Scaevola

(consul in 659, d. 672),(40) in whose family jurisprudence was,

like the supreme priesthood, hereditary. His eighteen books

on the -Ius Civile-, which embraced the positive materials of

jurisprudence--legislative enactments, judicial precedents, and

authorities--partly from the older collections, partly from oral

tradition in as great completeness as possible, formed the starting-

point and the model of the detailed systems of Roman law; in like

manner his compendious treatise of "Definitions" (--oroi--) became

the basis of juristic summaries and particularly of the books

of Rules. Although this development of law proceeded of course

in the main independently of Hellenism, yet an acquaintance with

the philosophico-practical scheme-making of the Greeks beyond

doubt gave a general impulse to the more systematic treatment of

jurisprudence, as in fact the Greek influence is in the case of

the last-mentioned treatise apparent in the very title. We have

already remarked that in several more external matters Roman

jurisprudence was influenced by the Stoa.(41)

Art exhibits still less pleasing results. In architecture,

sculpture, and painting there was, no doubt, a more and more

general diffusion of a dilettante interest, but the exercise of

native art retrograded rather than advanced. It became more and

more customary for those sojourning in Grecian lands personally to

inspect the works of art; for which in particular the winter-

quarters of Sulla's army in Asia Minor in 670-671 formed an epoch.

Connoisseur-ship developed itself also in Italy. They had

commenced with articles in silver and bronze; about the commencement

of this epoch they began to esteem not merely Greek statues,

but also Greek pictures. The first picture publicly exhibited in

Rome was the Bacchus of Aristides, which Lucius Mummius withdrew

from the sale of the Corinthian spoil, because king Attalus offered

as much as 6000 -denarii- (260 pounds) for it. The buildings became

more splendid; and in particular transmarine, especially Hymettian,

marble (Cipollino) came into use for that purpose--the Italian

marble quarries were not yet in operation. A magnificent colonnade

still admired in the time of the empire, which Quintus Metellus

(consul in 611) the conqueror of Macedonia constructed in the

Campus Martius, enclosed the first marble temple which the capital

had seen; it was soon followed by similar structures built on the

Capitol by Scipio Nasica (consul in 616), and near to the Circus by

Gnaeus Octavius (consul in 626). The first private house adorned

with marble columns was that of the orator Lucius Crassus (d. 663)

on the Palatine.(42) But where they could plunder or purchase,

instead of creating for themselves, they did so; it was a wretched

indication of the poverty of Roman architecture, that it already

began to employ the columns of the old Greek temples; the Roman

Capitol, for instance, was embellished by Sulla with those of the

temple of Zeus at Athens. The works, that were produced in Rome,

proceeded from the hands of foreigners; the few Roman artists of

this period, who are particularly mentioned, are without exception

Italian or transmarine Greeks who had migrated thither. Such was

the case with the architect Hermodorus from the Cyprian Salamis,

who among other works restored the Roman docks and built for

Quintus Metellus (consul in 611) the temple of Jupiter Stator

in the basilica constructed by him, and for Decimus Brutus (consul

in 616) the temple of Mars in the Flaminian circus; with the sculptor

Pasiteles (about 665) from Magna Graecia, who furnished images

of the gods in ivory for Roman temples; and with the painter

and philosopher Metrodorus of Athens, who was summoned to paint

the pictures for the triumph of Lucius Paullus (587). It is

significant that the coins of this epoch exhibit in comparison

with those of the previous period a greater variety of types,

but a retrogression rather than an improvement in the cutting

of the dies.

Finally, music and dancing passed over in like manner from Hellas

to Rome, solely in order to be there applied to the enhancement of

decorative luxury. Such foreign arts were certainly not new in

Rome; the state had from olden time allowed Etruscan flute-players

and dancers to appear at its festivals, and the freedmen and

the lowest class of the Roman people had previously followed

this trade. But it was a novelty that Greek dances and musical

performances should form the regular accompaniment of a genteel

banquet. Another novelty was a dancing-school, such as Scipio

Aemilianus full of indignation describes in one of his speeches,

in which upwards of five hundred boys and girls--the dregs of the

people and the children of magistrates and of dignitaries mixed up

together--received instruction from a ballet-master in far from

decorous castanet-dances, in corresponding songs, and in the use of

the proscribed Greek stringed instruments. It was a novelty too--

not so much that a consular and -pontifex maximus- like Publius

Scaevola (consul in 621) should catch the balls in the circus as

nimbly as he solved the most complicated questions of law at home--

as that young Romans of rank should display their jockey-arts

before all the people at the festal games of Sulla. The government

occasionally attempted to check such practices; as for instance in

639, when all musical instruments, with the exception of the simple

flute indigenous in Latium, were prohibited by the censors.

But Rome was no Sparta; the lax government by such prohibitions

rather drew attention to the evils than attempted to remedy them

by a sharp and consistent application of the laws.

If, in conclusion, we glance back at the picture as a whole which

the literature and art of Italy unfold to our view from the death

of Ennius to the beginning of the Ciceronian age, we find in these

respects as compared with the preceding epoch a most decided

decline of productiveness. The higher kinds of literature--such

as epos, tragedy, history--have died out or have been arrested in

their development. The subordinate kinds--the translation and

imitation of the intrigue-piece, the farce, the poetical and prose

brochure--alone are successful; in this last field of literature

swept by the full hurricane of revolution we meet with the two men

of greatest literary talent in this epoch, Gaius Gracchus and Gaius

Lucilius, who stand out amidst a number of more or less mediocre

writers just as in a similar epoch of French literature Courier

and Beranger stand out amidst a multitude of pretentious nullities.

In the plastic and delineative arts likewise the production,

always weak, is now utterly null. On the other hand the receptive

enjoyment of art and literature flourished; as the Epigoni of

this period in the political field gathered in and used up the

inheritance that fell to their fathers, we find them in this field

also as diligent frequenters of plays, as patrons of literature,

as connoisseurs and still more as collectors in art. The most

honourable aspect of this activity was its learned research,

which put forth a native intellectual energy, more especially in

jurisprudence and in linguistic and antiquarian investigation.

The foundation of these sciences which properly falls within the

present epoch, and the first small beginnings of an imitation of

the Alexandrian hothouse poetry, already herald the approaching

epoch of Roman Alexandrinism. All the productions of the present

epoch are smoother, more free from faults, more systematic than

the creations of the sixth century. The literati and the friends

of literature of this period not altogether unjustly looked down

on their predecessors as bungling novices: but while they ridiculed

or censured the defective labours of these novices, the very men

who were the most gifted among them may have confessed to themselves

that the season of the nation's youth was past, and may have

ever and anon perhaps felt in the still depths of the heart

a secret longing to stray once more in the delightful paths

of youthful error.

NOTES FOR VOLUME IV

Chapter I

1. III. VII. The State of Culture in Spain.

2. Italica must have been intended by Scipio to be what was called in

Italy forum et -conciliabulum civium Romanorum-; Aquae Sextiae in Gaul

had a similar origin afterwards. The formation of transmarine burgess-

communities only began at a later date with Carthage and Narbo: yet

it is remarkable that Scipio already made a first step, in a certain

sense, in that direction.

3. III. VII. Gracchus

4. The chronology of the war with Viriathus is far from being

precisely settled. It is certain that the appearance of Viriathus

dates from the conflict with Vetilius (Appian, Hisp. 61; Liv. lii.;

Oros. v. 4), and that he perished in 615 (Diod. Vat. p. 110, etc.);

the duration of his rule is reckoned at eight (Appian, Hisp. 63), ten

(Justin, xliv. 2), eleven (Diodorus, p. 597), fifteen (Liv. liv.;

Eutrop. iv. 16; Oros. v. 4; Flor. i. 33), and twenty years (Vellei.

ii. 90). The first estimate possesses some probability, because the

appearance of Viriathus is connected both in Diodorus (p. 591; Vat.

p. 107, 108) and in Orosius (v. 4) with the destruction of Corinth.

Of the Roman governors, with whom Viriathus fought, several undoubtedly

belong to the northern province; for though Viriathus was at work

chiefly in the southern, he was not exclusively so (Liv. lii.);

consequently we must not calculate the number of the years of his

generalship by the number of these names.

5. IV. I. Celtiberian War

6. III. VII. Massinissa

7. III. VI. Peace, III. VII. Carthage

8. The line of the coast has been in the course of centuries so

much changed that the former local relations are but imperfectly

recognizable on the ancient site. The name of the city is preserved

by Cape Cartagena--also called from the saint's tomb found there

Ras Sidi bu Said--the eastern headland of the peninsula, projecting

into the gulf with its highest point rising to 393 feet above

the level of the sea.

9. The dimensions given by Beule (Fouilles a Carthage, 1861)

are as follows in metres and in Greek feet (1=0.309 metre):--

Outer wall 2 metres = 6 1/2 feet.

Corridor 1.9 " = 6 "

Front wall of casemates 1 " = 3 1/4 "

Casemate rooms 4.2 " = 14 "

Back wall of casemates 1 " = 3 1/4 "

------------------------

Whole breadth of the walls 10.1 metres = 33 feet.

Or, as Diodorus (p. 522) states it, 22 cubits (1 Greek cubit = 1 1/2

feet), while Livy (ap. Oros. iv. 22) and Appian (Pun. 95), who seem

to have had before them another less accurate passage of Polybius,

state the breadth of the walls at 30 feet. The triple wall of

Appian--as to which a false idea has hitherto been diffused by

Floras (i. 31)--denotes the outer wall, and the front and back walls

of the casemates. That this coincidence is not accidental, and that

we have here in reality the remains of the famed walls of Carthage

before us, will be evident to every one: the objections of Davis

(Carthage and her Remains, p. 370 et seq.) only show how little

even the utmost zeal can adduce in opposition to the main results

of Beule. Only we must maintain that all the ancient authorities

give the statements of which we are now speaking with reference not

to the citadel-wall, but to the city-wall on the landward side, of

which the wall along the south side of the citadel-hill was an

integral part (Oros. iv. 22). In accordance with this view, the

excavations at the citadel-hill on the east, north, and west, have

shown no traces of fortifications, whereas on the south side they

have brought to light the very remains of this great wall. There is

no reason for regarding these as the remains of a separate

fortification of the citadel distinct from the city wall; it may

be presumed that further excavations at a corresponding depth--the

foundation of the city wall discovered at the Byrsa lies fifty-six

feet beneath the present surface--will bring to light like, or at

any rate analogous, foundations along the whole landward side,

although it is probable that at the point where the walled suburb of

Magalia rested on the main wall the fortification was either weaker

from the first or was early neglected. The length of the wall as a

whole cannot be stated with precision; but it must have been very

considerable, for three hundred elephants were stabled there, and

the stores for their fodder and perhaps other spaces also as well as

the gates are to be taken into account. It is easy to conceive how

the inner city, within the walls of which the Byrsa was included,

should, especially by way of contrast to the suburb of Magalia which

had its separate circumvallation, be sometimes itself called Byrsa

(App. Pun. 117; Nepos, ap. Serv. Aen. i. 368).

10. Such is the height given by Appian, l. c.; Diodorus gives

the height, probably inclusive of the battlements, at 40 cubits

or 60 feet. The remnant preserved is still from 13 to 16 feet

(4-5 metres) high.

11. The rooms of a horse-shoe shape brought to light in excavation

have a depth of 14, and a breadth of 11, Greek feet; the width of

the entrances is not specified. Whether these dimensions and the

proportions of the corridor suffice for our recognizing them

as elephants' stalls, remains to be settled by a more accurate

investigation. The partition-walls, which separate the apartments,

have a thickness of 1.1 metre = 3 1/2 feet.

12. Oros. iv. 22. Fully 2000 paces, or--as Polybius must have

said--16 stadia, are=about 3000 metres. The citadel-hill, on which

the church of St. Louis now stands, measures at the top about 1400,

half-way up about 2600, metres in circumference (Beule, p. 22); for

the circumference at the base that estimate will very well suffice.

13. It now bears the fort Goletta.

14. That this Phoenician word signifies a basin excavated in a

circular shape, is shown both by Diodorus (iii. 44), and by its

being employed by the Greeks to denote a "cup." It thus suits only

the inner harbour of Carthage, and in that sense it is used by Strabo

(xvii. 2, 14, where it is strictly applied to the admiral's island)

and Fest. Ep. v. -cothones-, p. 37. Appian (Pun. 127) is not quite

accurate in describing the rectangular harbour in front of the Cothon

as part of it.

15. --Oios pepnutai, toi de skiai aissousin--.

16. III. III. Acquisition of Territory in Illyria, III. IX. Macedonia

17. III. X. Macedonia Broken Up

18. This road was known already by the author of the pseudo-

Aristotelian treatise De Mirabilibus as a commercial route between

the Adriatic and Black seas, viz. As that along which the wine jars

from Corcyra met halfway those from Thasos and Lesbos. Even now

it runs substantially in the same direction from Durazzo, cutting

through the mountains of Bagora (Candavian chain) near the lake

of Ochrida (Lychnitis), by way of Monastir to Salonica.

19. III. X. Greek National Party

20. III. IX. The Achaeans

21. III. IX. The Achaeans

22. At Sabine townships, at Parma, and even at Italica in Spain

(p. 214), several pediments marked with the name of Mummius have

been brought to light, which once supported gifts forming part

of the spoil.

23. III. III. Organization of the Provinces

24. III. VIII. Final Regulation of Greece

25. The question whether Greece did or did not become a Roman

province in 608, virtually runs into a dispute about words. It is

certain that the Greek communities throughout remained "free" (C. I.

Gr. 1543, 15; Caesar, B. C. iii. 5; Appian, Mithr. 58; Zonar. ix.

31). But it is no less certain that Greece was then "taken possession

of" by the Romans (Tac. Ann. xiv. 21; 1 Maccab. viii. 9, 10); that

thenceforth each community paid a fixed tribute to Rome (Pausan. vii.

16, 6; comp. Cic. De Prov. Cons. 3, 5), the little island of Gyarus,

for instance, paying 150 --drachmae-- annually (Strabo, x. 485);

that the "rods and axes" of the Roman governor thenceforth ruled

in Greece (Polyb. xxxviii. l. c.; comp. Cic. Verr. l. i. 21, 55),

and that he thenceforth exercised the superintendence over the

constitutions of the cities (C. I. Gr. 1543), as well as in certain

cases the criminal jurisdiction (C. I. Gr. 1543; Plut. Cim. 2), just

as the senate had hitherto done; and that, lastly, the Macedonian

provincial era was also in use in Greece. Between these facts there

is no inconsistency, or at any rate none further than is involved

in the position of the free cities generally, which are spoken of

sometimes as if excluded from the province (e. g. Sueton. Cats., 25;

Colum. xi. 3, 26), sometimes as assigned to it (e. g. Joseph. Ant.

Jud. xiv. 4, 4). The Roman domanial possessions in Greece were,

no doubt, restricted to the territory of Corinth and possibly some

portions of Euboea (C. I. Gr. 5879), and there were no subjects

in the strict sense there at all; yet if we look to the relations

practically subsisting between the Greek communities and the

Macedonian governor, Greece may be reckoned as included in the

province of Macedonia in the same manner as Massilia in the province

of Narbo or Dyrrhachium in that of Macedonia. We find even cases

that go much further: Cisalpine Gaul consisted after 665 of mere

burgess or Latin communities and was yet made a province by Sulla,

and in the time of Caesar we meet with regions which consisted

exclusively of burgess-communities and yet by no means ceased to

be provinces. In these cases the fundamental idea of the Roman

-provinicia- comes out very clearly; it was primarily nothing but

a "command," and all the administrative and judicial functions of

the commandant were originally collateral duties and corollaries

of his military position.

On the other hand, if we look to the formal sovereignty of the free

communities, it must be granted that the position of Greece was not

altered in point of constitutional law by the events of 608. It was

a difference de facto rather than de jure, when instead of the Achaean

league the individual communities of Achaia now appeared by the side

of Rome as tributary protected states, and when, after the erection

of Macedonia as a separate Roman province, the latter relieved the

authorities of the capital of the superintendence over the Greek

client-states. Greece therefore may or may not be regarded as a part

of the "command" of Macedonia, according as the practical or the

formal point of view preponderates; but the preponderance is justly

conceded to the former.

26. III. X. Intervention in the Syro-Egyptian War

27. A remarkable proof of this is found in the names employed to

designate the fine bronze and copper wares of Greece, which in the time

of Cicero were called indiscriminately "Corinthian" or "Delian" copper.

Their designation in Italy was naturally derived not from the places

of manufacture but from those of export (Plin. H. N. xxxiv. 2, 9);

although, of course, we do not mean to deny that similar vases were

manufactured in Corinth and Delos themselves.

28. III. X. Course Pursued with Pergamus

29. III. IX. Extension of the Kingdom of Pergamus

30. III. X. Course Pursued with Pergamus

31. Several letters recently brought to light (Munchener

Sitzungsberichte, 1860, p. 180 et seq.) from the kings Eumenes II,

and Attalus II to the priest of Pessinus, who was uniformly called

Attis (comp. Polyb. xxii. 20), very clearly illustrate these

relations. The earliest of these and the only one with a date,

written in the 34th year of the reign of Eumenes on the 7th day

before the end of Gorpiaeus, and therefore in 590-1 u. c. offers to

the priest military aid in order to wrest from the Pesongi (not

otherwise known) temple-land occupied by them. The following,

likewise from Eumenes, exhibits the king as a party in the feud

between the priest of Pessinus and his brother Aiorix. Beyond doubt

both acts of Eumenes were included among those which were reported at

Rome in 590 et seq. as attempts on his part to interfere further in

Gallic affairs, and to support his partisans in that quarter (Polyb.

xxxi. 6, 9; xxxii. 3, 5). On the other hand it is plain from one of

the letters of his successor Attalus that the times had changed and

his wishes had lowered their tone. The priest Attis appears to have

at a conference at Apamea obtained once more from Attalus the promise

of armed assistance; but afterwards the king writes to him that in a

state council held for the purpose, at which Athenaeus (certainly the

known brother of the king), Sosander, Menogenes, Chlorus, and other

relatives (--anagkaioi--) had been present, after long hesitation the

majority had at length acceded to the opinion of Chlorus that nothing

should be done without previously consulting the Romans; for, even if

a success were obtained, they would expose themselves to its being lost

again, and to the evil suspicion "which they had cherished also

against his brother" (Eumenes II.).

32. In the same testament the king gave to his city Pergamus

"freedom," that is the --demokratia--, urban self-government.

According to the tenor of a remarkable document that has recently

been found there (Staatsrecht, iii(3). p. 726) after the testament

was opened, but before its confirmation by the Romans, the Demos thus

constituted resolved to confer urban burgess-rights on the classes

of the population hitherto excluded from them, especially on the

-paroeci- entered in the census and on the soldiers dwelling in town

and country, including the Macedonians, in order thus to bring

about a good understanding among the whole population. Evidently

the burgesses, in confronting the Romans with this comprehensive

reconciliation as an accomplished fact, desired, before the Roman

rule was properly introduced, to prepare themselves against it

and to take away from the foreign rulers the possibility of using

the differences of rights within the population for breaking up

its municipal freedom.

33. These strange "Heliopolites" may, according to the probable

opinion which a friend has expressed to me, be accounted for by supposing

that the liberated slaves constituted themselves citizens of a town

Heliopolis--not otherwise mentioned or perhaps having an existence

merely in imagination for the moment--which derived its name from

the God of the Sun so highly honoured in Syria.

34. III. IX. Extension of the Kingdom of Pergamus

35. III. IX. Extension of the Kingdom of Pergamus

36. III. IX. Extension of the Kingdom of Pergamus

37. III. X. Intervention in the Syro-Egyptian War

38. III. IX. Armenia

39. From him proceed the coins with the inscription "Shekel

Israel," and the date of the "holy Jerusalem," or the "deliverance

of Sion." The similar coins with the name of Simon, the prince

(Nessi) of Israel, belong not to him, but to Bar-Cochba the leader

of the insurgents in the time of Hadrian.

40. III. III. Illyrian Piracy

41. IV. I. New Organization of Spain

42. III. X. Intervention in the Syro-Egyptian War

Chapter II

1. In 537 the law restricting re-election to the consulship was

suspended during the continuance of the war in Italy, that is, down to

551 (p. 14; Liv. xxvii. 6). But after the death of Marcellus in 546

re-elections to the consulship, if we do not include the abdicating

consuls of 592, only occurred in the years 547, 554, 560, 579, 585, 586,

591, 596, 599, 602; consequently not oftener in those fifty-six years

than, for instance, in the ten years 401-410. Only one of these, and

that the very last, took place in violation of the ten years' interval

(i. 402); and beyond doubt the singular election of Marcus Marcellus

who was consul in 588 and 599 to a third consulship in 602, with the

special circumstances of which we are not acquainted, gave occasion to

the law prohibiting re-election to the consulship altogether (Liv. Ep.

56); especially as this proposal must have been introduced before 605,

seeing that it was supported by Cato (p. 55, Jordan).

2. III. XI. The Nobility in Possession of the Equestrian Centuries

3. III. XI. Festivals

4. IV. I. General Results

5. III. XII. Results

6. I. XIII. Landed Proprietors

7. It was asserted even then, that the human race in that quarter

was pre-eminently fitted for slavery by its especial power of

endurance. Plautus (Trin. 542) commends the Syrians: -genus quod

patientissitmum est hominum-.

8. III. XII. Rural Slaves ff., III. XII. Culture of Oil and Wine,

and Rearing of Cattle

9. III. XII. Pastoral Husbandry

10. III. I. The Carthaginian Dominion in Africa

11. The hybrid Greek name for the workhouse (-ergastulum-, from

--ergaszomai--, after the analogy of -stabulum-, -operculum-) is

an indication that this mode of management came to the Romans from

a region where the Greek language was used, but at a period when

a thorough Hellenic culture was not yet attained.

12. III. VI. Guerilla War in Sicily

13. III. XII. Falling Off in the Population

14. IV. I. War against Aristonicus

15. IV. I. Cilicia

16. Even now there are not unfrequently found in front of

Castrogiovanni, at the point where the ascent is least abrupt, Roman

projectiles with the name of the consul of 621: L. Piso L. f. cos.

17. II. III. Licinio-Sextian Laws

18. III. I. Capital and Its Power in Carthage

19. II. III. Influence of the Extension of the Roman Dominion in

Elevating the Farmer-Class

20. III. XI. Assignations of Land

21. II. II. Public Land

22. III. XII. Falling Off of the Population

23. IV. II. Permanent Criminal Commissions

24. III. XI. Position of the Governors

25. III. IX. Death of Scipio

26. III. XI. Reform of the Centuries

27. III. VII. Gracchus

28. IV. I. War against Aristonicus

29. IV. I. Mancinus

30. II. III. Licinio-Sextian Laws

31. II. III. Its Influence in Legislation

32. IV. I. War against Aristonicus

33. II. III. Attempts at Counter-Revolution

34. This fact, hitherto only partially known from Cicero (De L. Agr.

ii. 31. 82; comp. Liv. xlii. 2, 19), is now more fully established

by the fragments of Licinianus, p. 4. The two accounts are to be

combined to this effect, that Lentulus ejected the possessors in

consideration of a compensatory sum fixed by him, but accomplished

nothing with real landowners, as he was not entitled to dispossess

them and they would not consent to sell.

35. II. II. Agrarian Law of Spurius Cassius

36. III. XI. Rise of A City Rabble

37. III. IX. Nullity of the Comitia

Chapter III

1. IV. I. War against Aristonicus

2. IV. II. Ideas of Reform

3. III. VI. The African Expedition of Scipio

4. To this occasion belongs his oration -contra legem iudiciariam-

Ti. Gracchi--which we are to understand as referring not, as has been

asserted, to a law as to the -indicia publica-, but to the supplementary

law annexed to his agrarian rogation: -ut triumviri iudicarent-, qua

publicus ager, qua privatus esset (Liv. Ep. lviii.; see IV. II.

Tribunate of Gracchus above).

5. IV. II. Vote by Ballot

6. The restriction, that the continuance should only be allowable if

there was a want of other qualified candidates (Appian, B. C. i. 21),

was not difficult of evasion. The law itself seems not to have belonged

to the older regulations (Staatsrecht, i. 473), but to have been

introduced for the first time by the Gracchans.

7. Such are the words spoken on the announcement of his projects of

law:--"If I were to speak to you and ask of you--seeing that I am of

noble descent and have lost my brother on your account, and that there

is now no survivor of the descendants of Publius Africanus and Tiberius

Gracchus excepting only myself and a boy--to allow me to take rest for

the present, in order that our stock may not be extirpated and that

an offset of this family may still survive; you would perhaps readily

grant me such a request."

8. IV. III. Democratic Agitation under Carbo and Flaccus

9. III. XII. Results. Competition of Transmarine Corn

10. III. XII. Prices of Italian Corn

11. III. XI. Reform of the Centuries

12. IV. III. The Commission for Distributing the Domains

13. III. VII. The Romans Maintain A Standing Army in Spain

14. Thus the statement of Appian (Hisp. 78) that six years' service

entitled a man to demand his discharge, may perhaps be reconciled with

the better known statement of Polybius (vi. 19), respecting which

Marquardt (Handbuch, vi. 381) has formed a correct judgment. The time,

at which the two alterations were introduced, cannot be determined

further, than that the first was probably in existence as early as 603

(Nitzsch, Gracchen, p. 231), and the second certainly as early as the

time of Polybius. That Gracchus reduced the number of the legal years of

service, seems to follow from Asconius in Cornel, p. 68; comp. Plutarch,

Ti. Gracch. 16; Dio, Fr. 83, 7, Bekk.

15. II. I. Right of Appeal; II. VIII. Changes in Procedure

16. III. XII. Moneyed Aristocracy

17. IV. II. Exclusion of the Senators from the Equestrian Centuries

18. III. XI. The Censorship A Prop of the Nobility

19. III. XI. Patricio-Plebeian Nobility, III. XI. Family Government

20. IV. I. Western Asia

21. That he, and not Tiberius, was the author of this law, now appears

from Fronto in the letters to Verus, init. Comp. Gracchus ap. Gell. xi.

10; Cic. de. Rep. iii. 29, and Verr. iii. 6, 12; Vellei. ii. 6.

22. IV. III. Modifications of the Penal Law

23. We still possess a great portion of the new judicial ordinance--

primarily occasioned by this alteration in the personnel of the judges--

for the standing commission regarding extortion; it is known under the

name of the Servilian, or rather Acilian, law -de repetundis-.

24. This and the law -ne quis iudicio circumveniatur- may

have been identical.

25. A considerable fragment of a speech of Gracchus, still extant,

relates to this trafficking about the possession of Phrygia, which after

the annexation of the kingdom of Attalus was offered for sale by Manius

Aquillius to the kings of Bithynia and of Pontus, and was bought by the

latter as the highest bidder.(p. 280) In this speech he observes that

no senator troubled himself about public affairs for nothing, and adds

that with reference to the law under discussion (as to the bestowal

of Phrygia on king Mithradates) the senate was divisible into three

classes, viz. Those who were in favour of it, those who were against it,

and those who were silent: that the first were bribed by kingMithra dates,

the second by king Nicomedes, while the third were the most cunning,

for they accepted money from the envoys of both kings and made each

party believe that they were silent in its interest.

26. IV. III. Democratic Agitation under Carbo and Flaccus

27. IV. II. Tribunate of Gracchus

28. II. II. Legislation

29. II. III. Political Abolition of the Patriciate

Chapter IV

1. IV. III. Democratic Agitation under Carbo and Flaccus

2. IV. II. Tribunate of Gracchus

3. It is in great part still extant and known under the erroneous

name, which has now been handed down for three hundred years,

of the Thorian agrarian law.

4. II. VII. Attempts at Peace

5. II. VII. Attempts at Peace

6. This is apparent, as is well known, from the further course of

events. In opposition to this view stress has been laid on the fact

that in Valerius Maximus, vi. 9, 13, Quintus Caepio is called patron

of the senate; but on the one hand this does not prove enough, and on

the other hand what is there narrated does not at all suit the consul

of 648, so that there must be an error either in the name or in

the facts reported.

7. It is assumed in many quarters that the establishment of the

province of Cilicia only took place after the Cilician expedition of

Publius Servilius in 676 et seq., but erroneously; for as early as 662

we find Sulla (Appian, Mithr. 57; B. C. i. 77; Victor, 75), and in

674, 675, Gnaeus Dolabella (Cic. Verr. i. 1, 16, 44) as governors of

Cilicia--which leaves no alternative but to place the establishment of

the province in 652. This view is further supported by the fact that

at this time the expeditions of the Romans against the corsairs--e. g.

the Balearic, Ligurian, and Dalmatian expeditions--appear to have been

regularly directed to the occupation of the points of the coast whence

piracy issued; and this was natural, for, as the Romans had no standing

fleet, the only means of effectually checking piracy was the occupation

of the coasts. It is to be remembered, moreover, that the idea of a

-provincia- did not absolutely involve possession of the country, but

in itself implied no more than an independent military command; it is

very possible, that the Romans in the first instance occupied nothing in

this rugged country save stations for their vessels and troops.

The plain of eastern Cilicia remained down to the war against Tigranes

attached to the Syrian empire (Appian, Syr. 48); the districts to

the north of the Taurus formerly reckoned as belonging to Cilicia--

Cappadocian Cilicia, as it was called, and Cataonia--belonged to

Cappadocia, the former from the time of the breaking up of the kingdom

of Attalus (Justin, xxxvii. 1; see above, IV. I. War against Aristonicus),

the latter probably even from the time of the peace with Antiochus.

8. IV. II. Insurrections of the Slaves

9. III. VII. Numidians

10. IV. I The Siege

11. The following table exhibits the genealogy of the Numidian princes:--

Massinissa

516-605

(238-149)

------------------------------------------------------

Micipsa Gulussa Mastanabal

d. 636 d. bef. 636 d. bef. 636

(118) (118) (118)

---------------------------- ------- ---------------------

Adherbal Hiempsal I Micipsa Massiva Gauda Jugurtha

d. 642 d. c. 637 (Diod. d. 643 d.bef. 666 d. 650

(112) (117) p. 607) (111) (88) (104)

----------- -------

Hiempsal II Oxyntas

------

Juba I

-------

Juba II

12. In the exciting and clever description of this war by Sallust

the chronology has been unduly neglected. The war terminated in the

summer of 649 (c. 114); if therefore Marius began his management

of the war as consul in 647, he held the command there in three

campaigns. But the narrative describes only two, and rightly so.

For, just as Metellus to all appearance went to Africa as early as 645,

but, since he arrived late (c. 37, 44), and the reorganization of the

army cost time (c. 44), only began his operations in the following

year, in like manner Marius, who was likewise detained for a

considerable time in Italy by his military preparations (c. 84),

entered on the chief command either as consul in 647 late in the

season and after the close of the campaign, or only as proconsul in

648; so that the two campaigns of Metellus thus fall in 646, 647, and

those of Marius in 648, 649. It is in keeping with this that Metellus

did not triumph till the year 648 (Eph. epigr. iv. p. 277). With this

view the circumstance also very well accords, that the battle on the

Muthul and the siege of Zama must, from the relation in which they

stand to Marius' candidature for the consulship, be necessarily

placed in 646. In no case can the author be pronounced free from

inaccuracies; Marius, for instance, is even spoken of by him

as consul in 649.

The prolongation of the command of Metellus, which Sallust reports

(lxii. 10), can in accordance with the place at which it stands only

refer to the year 647; when in the summer of 646 on the footing of the

Sempronian law the provinces of the consuls to be elected for 647 were

to be fixed, the senate destined two other provinces and thus left

Numidia to Metellus. This resolve of the senate was overturned by

the plebiscitum mentioned at lxxii. 7. The following words which are

transmitted to us defectively in the best manuscripts of both families,

-sed paulo... decreverat; ea res frustra fuit,- must either have named

the provinces destined for the consuls by the senate, possibly -sed

paulo [ante ut consulibus Italia et Gallia provinciae essent senatus]

decreverat- or have run according to the way of filling up the

passage in the ordinary manuscripts; -sed paulo [ante senatus

Metello Numidiam] decreverat-.

13. Now Beja on the Mejerdah.

14. The locality has not been discovered. The earlier supposition

that Thelepte (near Feriana, to the northward of Capsa) was meant, is

arbitrary; and the identification with a locality still at the present

day named Thala to the east of Capsa is not duly made out.

15. Sallust's political genre-painting of the Jugurthine war--the

only picture that has preserved its colours fresh in the otherwise

utterly faded and blanched tradition of this epoch--closes with the

fall of Jugurtha, faithful to its style of composition, poetical, not

historical; nor does there elsewhere exist any connected account of

the treatment of the Numidian kingdom. That Gauda became Jugurtha's

successor is indicated by Sallust, c. 65 and Dio. Fr. 79, 4, Bekk.,

and confirmed by an inscription of Carthagena (Orell. 630), which

calls him king and father of Hiempsal II. That on the east the

frontier relations subsisting between Numidia on the one hand and

Roman Africa and Cyrene on the other remained unchanged, is shown by

Caesar (B. C. ii. 38; B. Afr. 43, 77) and by the later provincial

constitution. On the other hand the nature of the case implied, and

Sallust (c. 97, 102, 111) indicates, that the kingdom of Bocchus was

considerably enlarged; with which is undoubtedly connected the fact,

that Mauretania, originally restricted to the region of Tingis

(Morocco), afterwards extended to the region of Caesarea (province

of Algiers) and to that of Sitifis (western half of the province of

Constantine). As Mauretania was twice enlarged by the Romans, first

in 649 after the surrender of Jugurtha, and then in 708 after the

breaking up of the Numidian kingdom, it is probable that the

region of Caesarea was added on the first, and that of Sitifis

on the second augmentation.

16. III. VIII. Interference of the Community with the Finances

Chapter V

1. If Cicero has not allowed himself to fall into an anachronism

when he makes Africanus say this as early as 625 (de Rep. iii. 9),

the view indicated in the text remains perhaps the only possible one.

This enactment did not refer to Northern Italy and Liguria, as the

cultivation of the vine by the Genuates in 637 (III. XII. Culture Of

Oil and Wine, and Rearing of Cattle, note) proves; and as little to

the immediate territory of Massilia (Just. xliii 4; Posidon. Fr. 25,

Mull.; Strabo, iv. 179). The large export of wine and oil from

Italy to the region of the Rhone in the seventh century of the

city is well known.

2. In Auvergne. Their capital, Nemetum or Nemossus, lay not

far from Clermont.

3. The battle at Vindalium is placed by the epitomator of Livy and by

Orosius before that on the Isara; but the reverse order is supported by

Floras and Strabo (iv. 191), and is confirmed partly by the circumstance

that Maximus, according to the epitome of Livy and Pliny, H. N. vii. 50,

conquered the Gauls when consul, partly and especially by the Capitoline

Fasti, according to which Maximus not only triumphed before Ahenobarbus,

but the former triumphed over the Allobroges and the king of the Arverni,

the latter only over the Arverni. It is clear that the battle with

the Allobroges and Arverni must have taken place earlier than that

with the Arverni alone.

4. Aquae was not a colony, as Livy says (Ep. 61), but a -castellum-

(Strabo, iv. 180; Velleius, i. 15; Madvig, Opusc. i. 303). The same

holds true of Italica (p. 214), and of many other places--Vindonissa,

for instance, never was in law anything else than a Celtic village,

but was withal a fortified Roman camp, and a township of very

considerable importance.

5. III. VII. Measures Adopted to Check the Immigrations of

the Transalpine Gauls

6. III. III. Expedition against Scodra

7. III. III. Impression in Greece and Macedonia

8. III. X. Humiliation of the Greeks in General

9. IV. I. Province of Macedonia. the Pirustae in the valleys of

the Drin belonged to the province of Macedonia, but made forays

into the neighbouring Illyricum (Caesar, B. G. v. 1).

10. II. IV. the Celts Assail the Etruscans in Northern Italy

11. "The Helvetii dwelt," Tacitus says (Germ. 28), "between the

Hercynian Forest (i. e. here probably the Rauhe Alp), the Rhine, and

the Main; the Boii farther on." Posidonius also (ap. Strab. vii. 293)

states that the Boii, at the time when they repulsed the Cimbri,

inhabited the Hercynian Forest, i. e. the mountains from the Rauhe

Alp to the Bohmerwald The circumstance that Caesar transplants them

"beyond the Rhine" (B. G. i. 5) is by no means inconsistent with this,

for, as he there speaks from the Helvetian point of view, he may very

well mean the country to the north-east of the lake of Constance; which

quite accords with the fact, that Strabo (vii. 292) describes the former

Boian country as bordering on the lake of Constance, except that he is

not quite accurate in naming along with them the Vindelici as dwelling

by the lake of Constance, for the latter only established themselves

there after the Boii had evacuated these districts. From these seats

of theirs the Boii were dispossessed by the Marcomani and other

Germanic tribes even before the time of Posidonius, consequently

before 650; detached portions of them in Caesar's time roamed about

in Carinthia (B. G. i. 5), and came thence to the Helvetii and into

western Gaul; another swarm found new settlements on the Plattensee,

where it was annihilated by the Getae; but the district--the "Boian

desert," as it was called--preserved the name of this the most harassed

of all the Celtic peoples (III. VII. Colonizing of The Region South

of The Po, note).

12. They are called in the Triumphal Fasti -Galli Karni-; and in Victor

-Ligures Taurisci- (for such should be the reading instead of the

received -Ligures et Caurisci-).

13. The quaestor of Macedonia M. Annius P. f., to whom the town of

Lete (Aivati four leagues to the north-west of Thessalonica) erected

in the year 29 of the province and 636 of the city this memorial stone

(Dittenberger, Syll. 247), is not otherwise known; the praetor Sex.

Pompeius whose fall is mentioned in it can be no other than the

grandfather of the Pompeius with whom Caesar fought and the brother-in-

law of the poet Lucilius. The enemy are designated as --Galaton

ethnos--. It is brought into prominence that Annius in order to spare

the provincials omitted to call out their contingents and repelled the

barbarians with the Roman troops alone. To all appearance Macedonia

even at that time required a de facto standing Roman garrison.

14. If Quintus Fabius Maximus Eburnus consul in 638 went to Macedonia

(C. I. Gr. 1534; Zumpt, Comm. Epigr. ii. 167), he too must have

suffered a misfortune there, since Cicero, in Pison. 16, 38, says:

-ex (Macedonia) aliquot praetorio imperio, consulari quidem nemo rediit,

qui incolumis fuerit, quin triumpharit-; for the triumphal list, which

is complete for this epoch, knows only the three Macedonian triumphs

of Metellus in 643, of Drusus in 644, and of Minucius in 648.

15. As, according to Frontinus (ii. 43), Velleius and Eutropius, the

tribe conquered by Minucius was the Scordisci, it can only be through

an error on the part of Florus that he mentions the Hebrus (the Maritza)

instead of the Margus (Morava).

16. This annihilation of the Scordisci, while the Maedi and Dardani

were admitted to treaty, is reported by Appian (Illyr. 5), and in fact

thence forth the Scordisci disappear from this region. If the final

subjugation took place in the 32nd year --apo teis proteis es Keltous

peiras--, it would seem that this must be understood of a thirty-two

years' war between the Romans and the Scordisci, the commencement of

which presumably falls not long after the constituting of the province

of Macedonia (608) and of which the incidents in arms above recorded,

636-647, are a part. It is obvious from Appian's narrative that the

conquest ensued shortly before the outbreak of the Italian civil wars,

and so probably at the latest in 663. It falls between 650 and 656,

if a triumph followed it, for the triumphal list before and after is

complete; it is possible however that for some reason there was no

triumph. The victor is not further known; perhaps it was no other than

the consul of the year 671; since the latter may well have been late

in attaining the consulate in consequence of the Cinnan-Marian troubles.

17. The account that large tracts on the coasts of the North Sea

had been torn away by inundations, and that this had occasioned the

migration of the Cimbri in a body (Strabo, vii. 293), does not indeed

appear to us fabulous, as it seemed to those who recorded it; but

whether it was based on tradition or on conjecture, cannot be decided.

18. III. VII. Measures Adopted to Check the Immigrations of

the Transalpine Gauls

19. IV. III. Modifications of the Penal Law

20. The usual hypothesis, that the Tougeni and Tigorini had advanced

at the same time with the Cimbri into Gaul, cannot be supported by

Strabo (vii. 293), and is little in harmony with the separate part acted

by the Helvetii. Our traditional accounts of this war are, besides, so

fragmentary that, just as in the case of the Samnite wars, a connected

historical narration can only lay claim to approximate accuracy.

21. To this, beyond doubt, the fragment of Diodorus (Vat. p. 122)

relates.

22. IV. IV. The Proletariate and Equestrian Order under the Restoration

23. The deposition from office of the proconsul Caepio, with which was

combined the confiscation of his property (Liv. Ep. 67), was probably

pronounced by the assembly of the people immediately after the battle

of Arausio (6th October 649). That some time elapsed between the

deposition and his proper downfall, is clearly shown by the proposal

made in 650, and aimed at Caepio, that deposition from office should

involve the forfeiture of a seat in the senate (Asconius in Cornel,

p. 78). The fragments of Licinianus (p. 10; -Cn. Manilius ob eandem

causam quam et Caepio L. Saturnini rogatione e civitate est cito [?]

eiectus-; which clears up the allusion in Cic. de Or. ii. 28, 125) now

inform us that a law proposed by Lucius Appuleius Saturninus brought

about this catastrophe. This is evidently no other than the Appuleian

law as to the -minuta maiestas- of the Roman state (Cic. de Or. ii.

25, 107; 49, 201), or, as its tenor was already formerly explained

(ii. p. 143 of the first edition [of the German]), the proposal of

Saturninus for the appointment of an extraordinary commission to

investigate the treasons that had taken place during the Cimbrian

troubles. The commission of inquiry as to the gold of Tolosa

(Cic. de N. D. iii. 30, 74) arose in quite a similar way out of

the Appuleian law, as the special courts of inquiry--further mentioned

in that passage--as to a scandalous bribery of judges out of the Mucian

law of 613, as to the occurrences with the Vestals out of the Peducaean

law of 641, and as to the Jugurthine war out of the Mamilian law of 644.

A comparison of these cases also shows that in such special

commissions--different in this respect from the ordinary ones--even

punishments affecting life and limb might be and were inflicted. If

elsewhere the tribune of the people, Gaius Norbanus, is named as the

person who set agoing the proceedings against Caepio and was afterwards

brought to trial for doing so (Cic. de Or. ii. 40, 167; 48, 199; 49, 200;

Or. Part. 30, 105, et al.), this is not inconsistent with the view

given above; for the proposal proceeded as usual from several tribunes

of the people (ad Herenn. i. 14, 24; Cic. de Or. ii. 47, 197), and,

as Saturninus was already dead when the aristocratic party was in a

position to think of retaliation, they fastened on his colleague.

As to the period of this second and final condemnation of Caepio,

the usual very inconsiderate hypothesis, which places it in 659,

ten years after the battle of Arausio, has been already rejected.

It rests simply on the fact that Crassus when consul, consequently

in 659, spoke in favour of Caepio (Cic. Brut. 44, 162); which, however,

he manifestly did not as his advocate, but on the occasion when

Norbanus was brought to account by Publius Sulpicius Rufus for his

conduct toward Caepio in 659. Formerly the year 650 was assumed for

this second accusation; now that we know that it originated from a

proposal of Saturninus, we can only hesitate between 651, when he was

tribune of the people for the first time (Plutarch, Mar. 14; Oros,

v. 17; App. i. 28; Diodor. p. 608, 631), and 654, when he held that

office a second time. There are not materials for deciding the point

with entire certainty, but the great preponderance of probability is

in favour of the former year; partly because it was nearer to the

disastrous events in Gaul, partly because in the tolerably full

accounts of the second tribunate of Saturninus there is no mention

of Quintus Caepio the father and the acts of violence directed against

him. The circumstance, that the sums paid back to the treasury in

consequence of the verdicts as to the embezzlement of the Tolosan

booty were claimed by Saturninus in his second tribunate for his

schemes of colonization (De Viris Ill. 73, 5, and thereon Orelli,

Ind. Legg. p. 137), is not in itself decisive, and may, moreover,

have been easily transferred by mistake from the first African to

the second general agrarian law of Saturninus.

The fact that afterwards, when Norbanus was impeached, his impeachment

proceeded on the very ground of the law which he had taken part in

suggesting, was an ironical incident common in the Roman political

procedure of this period (Cic. Brut. 89, 305) and should not mislead

us into the belief that the Appuleian law was, like the later

Cornelian, a general law of high treason.

24. The view here presented rests in the main on the comparatively

trustworthy account in the Epitome of Livy (where we should read

-reversi in Gallium in Vellocassis se Teutonis coniunxerunt) and in

Obsequens; to the disregard of authorities of lesser weight, which

make the Teutones appear by the side of the Cimbri at an earlier date,

some of them, such as Appian, Celt. 13, even as early as the battle of

Noreia. With these we connect the notices in Caesar (B. G. i. 33; ii.

4, 29); as the invasion of the Roman province and of Italy by the Cimbri

can only mean the expedition of 652.

25. It is injudicious to deviate from the traditional account

and to transfer the field of battle to Verona: in so doing the fact

is overlooked that a whole winter and various movements of troops

intervened between the conflicts on the Adige and the decisive

engagement, and that Catulus, according to express statement (Plut. Mar.

24), had retreated as far as the right bank of the Po. The statements

that the Cimbri were defeated on the Po (Hier. Chron.), and that they

were defeated where Stilicho afterwards defeated the Getae, i. e. at

Cherasco on the Tanaro, although both inaccurate, point at least to

Vercellae much rather than to Verona.

Chapter VI

1. IV. IV. The Domain Question under the Restoration

2. I. VI. The Servian Constitution, II. III. Its Composition

3. III. XI. Reforms in the Military Service

4. III. XI. The Nobility in Possession of the Equestrian Centuries

5. IV. IV. Treaty between Rome and Numidia

6. IV. V. Warfare of Prosecutions

7. It is not possible to distinguish exactly what belongs to the first

and what to the second tribunate of Saturninus; the more especially,

as in both he evidently followed out the same Gracchan tendencies.

The African agrarian law is definitely placed by the treatise De Viris Ill.

73, 1 in 651; and this date accords with the termination, which had

taken place just shortly before, of the Jugurthine war. The second

agrarian law belongs beyond doubt to 654. The treason-law and the corn-

law have been only conjecturally placed, the former in 651 (p. 442

note), the latter in 654.

8. All indications point to this conclusion. The elder Quintus Caepio

was consul in 648, the younger quaestor in 651 or 654, the former

consequently was born about or before 605, the latter about 624 or 627.

The fact that the former died without leaving sons (Strabo, iv. 188) is

not inconsistent with this view, for the younger Caepio fell in 664,

and the elder, who ended his life in exile at Smyrna, may very well

have survived him.

9. IV. IV. Treaty between Rome and Numidia

10. IV. V. Warfare of Prosecutions

11. IV. IV. Rival Demagogism of the Senate. The Livian Laws

12. IV. V. And Reach the Danube

13. IV. IV. Administration under the Restoration

14. IV. VI. Collision between the Senate and Equites in

the Administration of the Provinces

Chapter VII

1. IV. III. Modifications of the Penal Law

2. I. VII. Relation of Rome to Latium, II. V. As to the Officering

of the Army

3. II. VII. Furnishing of Contingents; III. XI. Latins

4. III. XI. Roman Franchise More Difficult of Acquisition

5. III. XI. Roman Franchise More Difficult of Acquisition

6. IV. III. Democratic Agitation under Carbo and Flaccus,

IV. III. Overthrow of Gracchus

7. These figures are taken from the numbers of the census of 639 and

684; there were in the former year 394, 336 burgesses capable of bearing

arms, in the latter 910,000 (according to Phlegon Fr. 12 Mull., which

statement Clinton and his copyists erroneously refer to the census of

668; according to Liv. Ep. 98 the number was--by the correct reading--

900,000 persons). The only figures known between these two--those of

the census of 668, which according to Hieronymus gave 463,000 persons--

probably turned out so low only because the census took place amidst

the crisis of the revolution. As an increase of the population of Italy

is not conceivable in the period from 639 to 684, and even the Sullan

assignations of land can at the most have but filled the gaps which the

war had made, the surplus of fully 500,000 men capable of bearing arms

may be referred with certainty to the reception of the allies which had

taken place in the interval. But it is possible, and even probable,

that in these fateful years the total amount of the Italian population

may have retrograded rather than advanced: if we reckon the total

deficit at 100,000 men capable of bearing arms, which seems not

excessive, there were at the time of the Social War in Italy three non-

burgesses for two burgesses.

8. The form of oath is preserved (in Diodor. Vat. p. 116); it runs

thus: "I swear by the Capitoline Jupiter and by the Roman Vesta and by

the hereditary Mars and by the generative Sun and by the nourishing

Earth and by the divine founders and enlargers (the Penates) of the City

of Rome, that he shall be my friend and he shall be my foe who is friend

or foe to Drusus; also that I will spare neither mine own life nor the

life of my children or of my parents, except in so far as it is for the

good of Drusus and those who share this oath. But if I should become a

burgess by the law of Drusus, I will esteem Rome as my home and Drusus

as the greatest of my benefactors. I shall tender this oath to as many

of my fellow-citizens as I can; and if I swear truly, may it fare with

me well; if I swear falsely, may it fare with me ill." But we shall do

well to employ this account with caution; it is derived either from

the speeches delivered against Drusus by Philippus (which seems to

be indicated by the absurd title "oath of Philippus" prefixed by the

extractor of the formula) or at best from the documents of criminal

procedure subsequently drawn up respecting this conspiracy in Rome; and

even on the latter hypothesis it remains questionable, whether this form

of oath was elicited from the accused or imputed to them in the inquiry.

9. II. VII. Dissolution of National Leagues

10. IV. VI. Discussions on the Livian Laws

11. IV. IV. Dissatisfaction in the Capital, IV. V. Warfare

of Prosecutions

12. Even from our scanty information, the best part of which is

given by Diodorus, p. 538 and Strabo, v. 4, 2, this is very distinctly

apparent; for example, the latter expressly says that the burgess-body

chose the magistrates. That the senate of Italia was meant to be formed

in another manner and to have different powers from that of Rome,

has been asserted, but has not been proved. Of course in its first

composition care would be taken to have a representation in some degree

uniform of the insurgent cities; but that the senators were to be

regularly deputed by the communities, is nowhere stated. As little

does the commission given to the senate to draw up a constitution exclude

its promulgation by the magistrates and ratification by the assembly

of the people.

13. The bullets found at Asculum show that the Gauls were very

numerousalso in the army of Strabo.

14. We still have a decree of the Roman senate of 22 May 676, which

grants honours and advantages on their discharge to three Greek ship-

captains of Carystus, Clazomenae, and Miletus for faithful services

renderedsince the commencement of the Italian war (664). Of the same

nature is the account of Memnon, that two triremes were summoned from

Heraclea on the Black Sea for the Italian war, and that they returned

in the eleventh year with rich honorary gifts.

15. That this statement of Appian is not exaggerated, is shown

by the bullets found at Asculum which name among others the

fifteenth legion.

16. The Julian law must have been passed in the last months of 664,

for during the good season of the year Caesar was in the field;

the Plautian was probably passed, as was ordinarily the rule with

tribunician proposals, immediately after the tribunes entered on office,

consequently in Dec. 664 or Jan. 665.

17. Leaden bullets with the name of the legion which threw them, and

sometimes with curses against the "runaway slaves"--and accordingly

Roman--or with the inscription "hit the Picentes" or "hit Pompeius"--

the former Roman, the latter Italian--are even now sometimes found,

belonging to that period, in the region of Ascoli.

18. The rare -denarii- with -Safinim- and -G. Mutil- in Oscan

characters must belong to this period; for, as long as the designation

-Italia- was retained by the insurgents, no single canton could, as a

sovereign power, coin money with its own name.

19. I. VII. Servian Wall

20. Licinianus (p. 15) under the year 667 says: -dediticiis omnibus

[ci]vita[s] data; qui polliciti mult[a] milia militum vix XV... cohortes

miserunt-; a statement in which Livy's account (Epit. 80): -Italicis

populis a senatu civitas data est- reappears in a somewhat more precise

shape. The -dediticii- were according to Roman state-law those

-peregrini liberi- (Gaius i. 13-15, 25, Ulp. xx. 14, xxii. 2) who

had become subject to the Romans and had not been admitted to alliance.

They not merely retain life, liberty, and property, but may be formed

into communities with a constitution of their own. --Apolides--,

-nullius certae civitatis cives- (Ulp. xx. 14; comp. Dig. xlviii. 19, 17,

i), were only the freedmen placed by legal fiction on the same footing

with the -dediticii qui dediticiorum numero sunt-, only by erroneous

usage and rarely by the better authors called directly -dediticii-; (Gai.

i. 12, Ulp. i. 14, Paul. iv. 12, 6) as well as the kindred -liberti

Latini Iuniani-. But the -dediticii-nevertheless were destitute of

rights as respected the Roman state, in so far as by Roman state-law

every -deditio- was necessarily unconditional (Polyb, xxi. 1; comp. xx.

9, 10, xxxvi. 2) and all the privileges expressly or tacitly conceded to

them were conceded only -precario- and therefore revocable at pleasure

(Appian, Hisp. 44); so that the Roman state, what ever it might

immediately or afterwards decree regarding its -dediticii-, could never

perpetrate as respected them a violation of rights. This destitution of

rights only ceased on the conclusion of a treaty of alliance (Liv.

xxxiv. 57). Accordingly -deditio- and -foedus- appear in constitutional

law as contrasted terms excluding each other (Liv. iv. 30, xxviii. 34;

Cod. Theod. vii. 13, 16 and Gothofr. thereon), and of precisely the same

nature is the distinction current among the jurists between the -quasi-

dediticii- and the -quasi Latini-, for the Latins are just the

-foederati- in an eminent sense (Cic. pro Balb. 24, 54).

According to the older constitutional law there were, with the exception

of the not numerous communities that were declared to have forfeited

their treaties in consequence of the Hannibalic war (p. 24), no Italian

-dediticii-; in the Plautian law of 664-5 the description: -qui

foederatis civitatibus adscripti fuerunt- (Cic. pro Arch. 4, 7)

still included in substance all Italians. But as the -dediticii-

who received the franchise supplementary in 667 cannot reasonably

be understood as embracing merely the Bruttii and Picentes, we may

assume that all the insurgents, so far as they had laid down their

arms and had not acquired the franchise under the Plautio-Papirian

law were treated as -dediticii-, or--which is the same thing--

that their treaties cancelled as a matter of course by the insurrection

(hence -qui foederati fuerunt- in the passage of Cicero cited) were

not legally renewed to them on their surrender.

21. II. III. Laws Imposing Taxes

22. IV. VI. The Equestrian Party

23. II. XI. Squandering of the Spoil

24. It is not clear, what the -lex unciaria- of the consuls Sulla and

Rufus in the year 666 prescribed in this respect; but the simplest

hypothesis is that which regards it as a renewal of the law of 397 (i.

364), so that the highest allowable rate of interest was again 1 1/12th

of the capital for the year of ten months or 10 per cent for the year

of twelve months.

25. III. XI. Reform of the Centuries

26. II. III. Powers of the Senate

27. IV. II. Death of Gracchus, IV. III. Attack on The Transmarine

Colonization. Downfall of Gracchus, IV. VI. Saturninus Assailed

28. II. III. The Tribunate of the People As an Instrument of Government

Chapter VIII

1. IV. VIII. Occupation of Cilicia

2. III. IX. Armenia

3. IV. I. Western Asia

4. The words quoted as Phrygian --Bagaios-- = Zeus and the old

royal name --Manis-- have been beyond doubt correctly referred to

the Zend -bagha- = God and the Germanic -Mannus-, Indian -Manus-

(Lassen, -Zeitschrift der deutschen morgenland-. Gesellschaft,

vol. x. p. 329 f.).

5. They are here grouped together, because, though they were in

part doubtless not executed till between the first and the second

war with Rome, they to some extent preceded even the first (Memn.

30; Justin, xxxviii. 7 ap. fin.; App. Mithr. 13; Eutrop. v. 5) and

a narrative in chronological order is in this case absolutely

impracticable. Even the recently found decree of Chersonesus

(p. 17) has given no information in this respect According to it

Diophantus was twice sent against the Taurian Scythians; but that

the second insurrection of these is connected with the decree of

the Roman senate in favour of the Scythian princes (p. 21) is not

clear from the document, and is not even probable.

6. It is very probable that the extraordinary drought, which

is the chief obstacle now to agriculture in the Crimea and in

these regions generally, has been greatly increased by the

disappearance of the forests of central and southern Russia,

which formerly to some extent protected the coast-provinces

from the parching northeast wind.

7. The recently discovered decree of the town of Chersonesus in

honour of this Diophantus (Dittenberger, Syll. n. 252) thoroughly

confirms the traditional account. It shows us the city in the

immediate vicinity--the port of Balaclava must at that time have

been in the power of the Tauri and Simferopol in that of the

Scythians--hard pressed partly by the Tauri on the south coast of

the Crimea, partly and especially by the Scythians who held in

their power the whole interior of the peninsula and the mainland

adjoining; it shows us further how the general of king Mithradates

relieves on all sides the Greek city, defeats the Tauri, and erects

in their territory a stronghold (probably Eupatorion), restores the

connection between the western and the eastern Hellenes of the

peninsula, overpowers in the west the dynasty of Scilurus, and in

the east Saumacus prince of the Scythians, pursues the Scythians

even to the mainland, and at length conquers them with the

Reuxinales--such is the name given to the later Roxolani here,

where they first appear--in the great pitched battle, which is

mentioned also in the traditional account. There does not seem to

have been any formal subordination of the Greek city under the king;

Mithradates appears only as protecting ally, who fights the battles

against the Scythians that passed as invincible (--tous anupostatous

dokountas eimen--), on behalf of the Greek city, which probably

stood to him nearly in the relation of Massilia and Athens to Rome.

The Scythians on the other band in the Crimea become subjects

(--upakooi--) of Mithradates.

8. The chronology of the following events can only be determined

approximately. Mithradates Eupator seems to have practically

entered on the government somewhere about 640; Sulla's intervention

took place in 662 (Liv. Ep. 70) with which accords the calculation

assigning to the Mithradatic wars a period of thirty years (662-691)

(Plin. H. N. vii. 26, 97). In the interval fell the quarrels as to

the Paphlagonian and Cappadocian succession, with which the bribery

attempted by Mithradates in Rome (Diod. 631) apparently in the first

tribunate of Saturninus in 651 (IV. VI. Saturninus) was probably

connected. Marius, who left Rome in 665 and did not remain long

in the east, found Mithradates already in Cappadocia and negotiated

with him regarding his aggressions (Cic. ad Brut. i. 5; Plut. Mar. 31);

Ariarathes VI had consequently been by that time put to death.

9. IV. III. Character of the Constitution of Gaius Gracchus

10. A decree of the senate of the year 638 recently found in the

village Aresti to the south of Synnada (Viereck, -Sermo Graecus quo

senatus Romanus usus sit-, p. 51) confirms all the regulations made

by the king up to his death and thus shows that Great Phrygia after

the death of the father was not merely taken from the son, as Appian

also states, but was thereby brought directly under Roman allegiance.

11. III. IX. Rupture between Antiochus and the Romans

12. Retribution came upon the authors of the arrest and surrender

of Aquillius twenty-five years afterwards, when after Mithradates'

death his son Pharnaces handed them over to the Romans.

13. IV. VII. Economic Crisis

14. We must recollect that after the outbreak of the Social War

the legion had at least not more than half the number of men which it

had previously, as it was no longer accompanied by Italian contingents.

15. The chronology of these events is, like all their details,

enveloped in an obscurity which investigation is able to dispel,

at most, only partially. That the battle of Chaeronea took place,

if not on the same day as the storming of Athens (Pausan, i. 20),

at any rate soon afterwards, perhaps in March 668, is tolerably certain.

That the succeeding Thessalian and the second Boeotian campaign took

up not merely the remainder of 668 but also the whole of 669, is in

itself probable and is rendered still more so by the fact that Sulla's

enterprises in Asia are not sufficient to fill more than a single

campaign. Licinianus also appears to indicate that Sulla returned to

Athens for the winter of 668-669 and there took in hand the work of

investigation and punishment; after which he relates the battle of

Orchomenus. The crossing of Sulla to Asia has accordingly been

placed not in 669, but in 670.

16. The resolution of the citizens of Ephesus to this effect has

recently been found (Waddington, Additions to Lebas, Inscr. iii.

136 a). They had, according to their own declaration, fallen into

the power of Mithradates "the king of Cappadocia," being frightened

by the magnitude of his forces and the suddenness of his attack;

but, when opportunity offered, they declared war against him "for

the rule (--egemonia--) of the Romans and the common weal."

17. The statement that Mithradates in the peace stipulated for

impunity to the towns which had embraced his side (Memnon, 35)

seems, looking to the character of the victor and of the

vanquished, far from credible, and it is not given by Appian

or by Licinianus. They neglected to draw up the treaty of

peace in writing, and this neglect afterwards left room far

various misrepresentations.

18. Armenian tradition also is acquainted with the first

Mithradatic war. Ardasches king of Armenia--Moses of Chorene tells

us--was not content with the second rank which rightfully belonged

to him in the Persian (Parthian) empire, but compelled the Parthian

king Arschagan to cede to him the supreme power, whereupon he had a

palace built for himself in Persia and had coins struck there with

his own image. He appointed Arschagan viceroy of Persia and his

son Dicran (Tigranes) viceroy of Armenia, and gave his daughter

Ardaschama in marriage to the great-prince of the Iberians

Mihrdates (Mithradates) who was descended from Mihrdates satrap

of Darius and governor appointed by Alexander over the conquered

Iberians, and ruled in the northern mountains as well as over the

Black Sea. Ardasches then took Croesus the king of the Lydians

prisoner, subdued the mainland between the two great seas (Asia

Minor), and crossed the sea with innumerable vessels to subjugate

the west. As there was anarchy at that time in Rome, he nowhere

encountered serious resistance, but his soldiers killed each other

and Ardasches fell by the hands of his own troops. After

Ardasches' death his successor Dicran marched against the army of

the Greeks (i. e. the Romans) who now in turn invaded the Armenian

land; he set a limit to their advance, handed over to his brother-

in-law Mihrdates the administration of Madschag (Mazaca in

Cappadocia) and of the interior along with a considerable force,

and returned to Armenia. Many years afterwards there were still

pointed out in the Armenian towns statues of Greek gods by well-

known masters, trophies of this campaign.

We have no difficulty in recognizing here various facts of

the first Mithradatic war, but the whole narrative is evidently

confused, furnished with heterogeneous additions, and in particular

transferred by patriotic falsification to Armenia. In just the

same way the victory over Crassus is afterwards attributed to

the Armenians. These Oriental accounts are to be received with all

the greater caution, that they are by no means mere popular legends;

on the contrary the accounts of Josephus, Eusebius, and other

authorities current among the Christians of the fifth century have been

amalgamated with the Armenian traditions, and the historical romances

of the Greeks and beyond doubt the patriotic fancies also of Moses

himself have been laid to a considerable extent under contribution.

Bad as is cur Occidental tradition in itself, to call in the aid of

Oriental tradition in this and similar cases--as has been attempted

for instance by the uncritical Saint-Martin--can only lead to

still further confusion.

19. III. X. Intervention in the Syro-Egyptian War

Chapter IX

1. The whole of the representation that follows is based in

substance on the recently discovered account of Licinianus, which

communicates a number of facts previously unknown, and in

particular enables us to perceive the sequence and connection of

these events more clearly than was possible before.

2. IV. VII. The Bestowal of the Franchise and Its Limitations.

That there was no confirmation by the comitia, is clear from

Cic. Phil. xii. 11, 27. The senate seems to have made use of

the form of simply prolonging the term of the Plautio- Papirian

law (IV. VII. Bestowal of Latin Rights on the Italian Celts),

a course which by use and wont (i. 409) was open to it and

practically amounted to conferring the franchise on all Italians.

3. "-Ad flatus sidere-," as Livy (according to Obsequens, 56)

expresses it, means "seized by the pestilence" (Petron. Sat. 2;

Plin. H. N. ii. 41, 108; Liv. viii. 9, 12), not "struck by

lightning," as later writers have misunderstood it.

4. IV. VII. Combats with the Marsians

5. IV. VII. Sulpicius Rufus

6. IV. VII. Bestowal of Latin Rights on the Italian Celts

7. IV. V. In Illyria

8. IV. VI. Discussions on the Livian Laws

9. IV. VII. Energetic Decrees

10. Lucius Valerius Flaccus, whom the Fasti name as consul in 668,

was not the consul of 654, but a younger man of the same name,

perhaps son of the preceding. For, first, the law which prohibited

re-election to the consulship remained legally in full force from

c. 603 (IV. II. Attempts at Reform) to 673, and it is not probable

that what was done in the case of Scipio Aemilianus and Marius was

done also for Flaccus. Secondly, there is no mention anywhere, when

either Flaccus is named, of a double consulship, not even where it

was necessary as in Cic. pro Flacc. 32, 77. Thirdly, the Lucius

Valerius Flaccus who was active in Rome in 669 as -princeps

senatus- and consequently of consular rank (Liv. 83), cannot have

been the consul of 668, for the latter had already at that time

departed for Asia and was probably already dead. The consul of

654, censor in 657, is the person whom Cicero (ad Att. viii. 3, 6)

mentions among the consulars present in Rome in 667; he was in 669

beyond doubt the oldest of the old censors living and thus fitted

to be -princeps senatus-; he was also the -interrex- and the

-magister equitum- of 672. On the other hand, the consul of 668,

who Perished at Nicomedia (p. 47), was the father of the Lucius

Flaccus defended by Cicero (pro Flacc. 25, 61, comp. 23, 55. 32, 77).

11. IV. VI. The Equestrian Party

12. IV. VII. Sulla Embarks for Asia

13. We can only suppose this to be the Brutus referred to, since

Marcus Brutus the father of the so-called Liberator was tribune of

the people in 671, and therefore could not command in the field.

14. IV. IV. Prosecutions of the Democrats

15. It is stated, that Sulla occupied the defile by which alone

Praeneste was accessible (App. i. 90); and the further events

showed that the road to Rome was open to him as well as to the

relieving army. Beyond doubt Sulla posted himself on the cross

road which turns off from the Via Latina, along which the Samnites

advanced, at Valmontone towards Palestrina; in this case Sulla

communicated with the capital by the Praenestine, and the enemy by

the Latin or Labican, road.

16. Hardly any other name can well be concealed under the corrupt

reading in Liv. 89 -miam in Samnio-; comp. Strabo, v. 3, 10.

17. IV. IX. Pompeius

18. IV. VIII. New Difficulties

Chapter X

1. III. XI. Abolition of the Dictatorship

2. -Satius est uti regibus quam uti malis legibus- (Ad Herenn. ii.

36).

3. II. I. The Dictator, II. II. The Valerio-Horatian Laws, II. III.

Limitation of the Dictatorship

4. IV. VII. Legislation of Sulla

5. This total number is given by Valerius Maximus, ix. 2. 1.

According to Appian (B. C. i. 95), there were proscribed by Sulla

nearly 40 senators, which number subsequently received some

additions, and about 1600 equites; according to Florus (ii. 9,

whence Augustine de Civ. Dei, iii. 28), 2000 senators and equites.

According to Plutarch (Sull. 31), 520 names were placed on the list

in the first three days; according to Orosius (v. 21), 580 names

during the first days. there is no material contradiction between

these various reports, for it was not senators and equites alone

that were put to death, and the list remained open for months.

When Appian, at another passage (i. 103), mentions as put to death

or banished by Sulla, 15 consulars, 90 senators, 2600 equites, he

there confounds, as the connection shows, the victims of the civil

war throughout with the victims of Sulla. The 15 consulars were--

Quintus Catulus, consul in 652; Marcus Antonius, 655; Publius

Crassus, 657; Quintus Scaevola, 659; Lucius Domitius, 660; Lucius

Caesar, 664; Quintus Rufus, 666; Lucius Cinna, 667-670; Gnaeus

Octavius, 667; Lucius Merula, 667; Lucius Flaccus, 668; Gnaeus

Carbo, 669, 670, 672; Gaius Norbanus, 671; Lucius Scipio, 671;

Gaius Marius, 672; of whom fourteen were killed, and one, Lucius

Scipio, was banished. When, on the other hand, the Livian account

in Eutropius (v. 9) and Orosius (v. 22) specifies as swept away

(-consumpti-) in the Social and Civil wars, 24 consulars, 7

praetorians, 60 aedilicians, 200 senators, the calculation includes

partly the men who fell in the Italian war, such as the consulars

Aulus Albinus, consul in 655; Titus Didius, 656; Publius Lupus,

664; Lucius Cato, 665; partly perhaps Quintus Metellus Numidicus

(IV. VI. Violent Proceedings in The Voting), Manius Aquillius,

Gaius Marius the father, Gnaeus Strabo, whom we may certainly regard

as also victims of that period, or other men whose fate is unknown to us.

Of the fourteen consulars killed, three--Rufus, Cinna, and Flaccus--

fell through military revolts, while eight Sullan and three Marian

consulars fell as victims to the opposite party. On a comparison of

the figures given above, 50 senators and 1000 equites were regarded

as victims of Marius, 40 senators and 1600 equites as victims

of Sulla; this furnishes a standard--at least not altogether

arbitrary--for estimating the extent of the crimes on both sides.

6. The Sextus Alfenus, frequently mentioned in Cicero's oration on

behalf of Publius Quinctius, was one of these.

7. II. VII. Latins. To this was added the peculiar aggravation that,

while in other instances the right of the Latins, like that of

the -peregrini-, implied membership in a definite Latin or foreign

community, in this case--just as with the later freedmen of Latin

and deditician rights (comp. IV. VII. The Bestowal of the Franchise and

Its Limitations. n.)--it was without any such right of urban membership.

The consequence was, that these Latins were destitute of the privileges

attaching to an urban constitution, and, strictly speaking, could not

even make a testament, since no one could execute a testament otherwise

than according to the law of his town; they could doubtless, however,

acquire under Roman testaments, and among the living could hold dealings

with each other and with Romans or Latins in the forms of Roman law.

8. IV. IV. The Domain Question under the Restoration

9. That Sulla's assessment of the five years' arrears and of the

war expenses levied on the communities of Asia (Appian, Mithr. 62

et al.) formed a standard for the future, is shown by the facts,

that the distribution of Asia into forty districts is referred to

Sulla (Cassiodor. Chron. 670) and that the Sullan apportionment

was assumed as a basis in the case of subsequent imposts (Cic. pro

Flacc. 14, 32), and by the further circumstance, that on occasion

of building a fleet in 672 the sums applied for that purpose were

deducted from the payment of tribute (-ex pecunia vectigali populo

Romano-: Cic. Verr. l. i. 35, 89). Lastly, Cicero (ad Q. fr. i. i,

ii, 33) directly says, that the Greeks "were not in a position of

themselves to pay the tax imposed on them by Sulla without -publicani-."

10. III. XI. Separation of the Orders in the Theatre

11. IV. III. Insignia of the Equites. Tradition has not indeed

informed us by whom that law was issued, which rendered it necessary

that the earlier privilege should be renewed by the Roscian theatre-law

of 687 (Becker-Friedlander, iv, 531); but under the circumstances

the author of that law was undoubtedly Sulla.

12. IV. VI. Livius Drusus

13. IV. VII. Rejection of the Proposals for an Accomodation

14. III. XI. The Nobility in Possession of the Senate

15. How many quaestors had been hitherto chosen annually, is not

known. In 487 the number stood at eight--two urban, two military,

and four naval, quaestors (II. VII. Quaestors of the Fleet,

II. VII. Intermediate Fuctionaries); to which there fell to be added

the quaestors employed in the provinces (III. III. Provincial Praetors).

For the naval quaestors at Ostia, Cales, and so forth were by no means

discontinued, and the military quaestors could not be employed

elsewhere, since in that case the consul, when he appeared as

commander-in-chief, would have been without a quaestor. Now, as

down to Sulla's time there were nine provinces, and moreover two

quaestors were sent to Sicily, he may possibly have found as many

as eighteen quaestors in existence. But as the number of the

supreme magistrates of this period was considerably less than that

of their functions (p. 120), and the difficulty thus arising was

constantly remedied by extension of the term of office and other

expedients, and as generally the tendency of the Roman government

was to limit as much as possible the number of magistrates, there

may have been more quaestorial functions than quaestors, and it may

be even that at this period no quaestor at all was sent to small

provinces such as Cilicia. Certainly however there were, already

before Sulla's time, more than eight quaestors.

16. III. XI. The Censorship A Prop of the Nobility

17. We cannot strictly speak at all of a fixed number of senators.

Though the censors before Sulla prepared on each occasion a list of

300 persons, there always fell to be added to this list those non-

senators who filled a curule office between the time when the list

was drawn up and the preparation of the next one; and after Sulla

there were as many senators as there were surviving quaestorians

But it may be probably assumed that Sulla meant to bring the senate

up to 500 or 600 members; and this number results, if we assume

that 20 new members, at an average age of 30, were admitted

annually, and we estimate the average duration of the senatorial

dignity at from 25 to 30 years. At a numerously attended sitting

of the senate in Cicero's time 417 members were present.

18. II. III. The Senate. Its Composition

19. IV. VI. Political Projects of Marius

20. III. XI. Interference of the Community in War and Administration

21. IV. VII. Legislation of Sulla

22. II. III. Restrictions As to the Accumulation and the Reoccupation

of Offices

23. IV. II. Attempts at Reform

24. To this the words of Lepidus in Sallust (Hist. i. 41, 11

Dietsch) refer: -populus Romanus excitus... iure agitandi-, to

which Tacitus (Ann. iii. 27) alludes: -statim turbidis Lepidi

rogationibus neque multo post tribunis reddita licentia quoquo

vellent populum agitandi-. That the tribunes did not altogether

lose the right of discussing matters with the people is shown by

Cic. De Leg. iii. 4, 10 and more clearly by the -plebiscitum de

Thermensibus-, which however in the opening formula also designates

itself as issued -de senatus sententia-. That the consuls on the

other hand could under the Sullan arrangements submit proposals to

the people without a previous resolution of the senate, is shown

not only by the silence of the authorities, but also by the course

of the revolutions of 667 and 676, whose leaders for this very

reason were not tribunes but consuls. Accordingly we find at this

period consular laws upon secondary questions of administration,

such as the corn law of 681, for which at other times we should

have certainly found -plebiscita-.

25. II. III. Influence of the Elections

26. IV. II. Vote by Ballot

27. For this hypothesis there is no other proof, except that

the Italian Celt-land was as decidedly not a province--in the sense

in which the word signifies a definite district administered by a

governor annually changed--in the earlier times, as it certainly was

one in the time of Caesar (comp. Licin. p. 39; -data erat et Sullae

provincia Gallia Cisalpina-).

The case is much the same with the advancement of the frontier;

we know that formerly the Aesis, and in Caesar's time the Rubico,

separated the Celtic land from Italy, but we do not know when the

boundary was shifted. From the circumstance indeed, that Marcus

Terentius Varro Lucullus as propraetor undertook a regulation of

the frontier in the district between the Aesis and Rubico (Orelli,

Inscr. 570), it has been inferred that that must still have been

provincial land at least in the year after Lucullus' praetorship 679,

since the propraetor had nothing to do on Italian soil. But it was

only within the -pomerium- that every prolonged -imperium- ceased of

itself; in Italy, on the other hand, such a prolonged -imperium- was

even under Sulla's arrangement--though not regularly existing--at

any rate allowable, and the office held by Lucullus was in any case

an extraordinary one. But we are able moreover to show when and

how Lucullus held such an office in this quarter. He was already

before the Sullan reorganization in 672 active as commanding

officer in this very district (p, 87), and was probably, just like

Pompeius, furnished by Sulla with propraetorian powers; in this

character he must have regulated the boundary in question in 672

or 673 (comp. Appian, i. 95). No inference therefore may be drawn

from this inscription as to the legal position of North Italy, and

least of all for the time after Sulla's dictatorship. On the other

hand a remarkable hint is contained in the statement, that Sulla

advanced the Roman -pomerium- (Seneca, de brev. vitae, 14; Dio,

xliii. 50); which distinction was by Roman state-law only accorded

to one who had advanced the bounds not of the empire, but of the

city--that is, the bounds of Italy (i. 128).

28. As two quaestors were sent to Sicily, and one to each of the

other provinces, and as moreover the two urban quaestors, the two

attached to the consuls in conducting war, and the four quaestors

of the fleet continued to subsist, nineteen magistrates were

annually required for this office. The department of the twentieth

quaestor cannot be ascertained.

29. The Italian confederacy was much older (II. VII. Italy and

The Italians); but it was a league of states, not, like the Sullan

Italy, a state-domain marked off as an unit within the Roman empire.

30. II. III. Complete Opening Up of Magistracies and Priesthoods

31. II. III. Combination of The Plebian Aristocracy and The Farmers

against The Nobility

32. III. XIII. Religious Economy

33. IV. X. Punishments Inflicted on Particular Communities

34. e. g. IV. IV. Dissatisfaction in the Capital, IV. V. Warfare of

Prosecutions

35. IV. II. Vote by Ballot

36. IV. III. Modifications of the Penal Law

37. II. II. Intercession

38. IV. III. Modifications of the Penal Law

39. IV. VII. Rejection of the Proposals for an Accomodation

40. II. VII. Subject Communities

41. IV. X. Cisapline Gaul Erected into A Province

42. IV. VII. Preparations for General Revolt against Rome

43. III. XI. Roman Franchise More Difficult of Acquisition

44. IV. IX. Government of Cinna

45. IV. VII. Decay of Military Discipline

46. IV. VII. Economic Crisis

47. IV. VII. Strabo

48. IV. VIII. Flaccus Arrives in Asia

49. IV. IX. Death of Cinna

50. IV. IX. Nola

51. IV. IX. Fresh Difficulties with Mithradates

52. Euripides, Medea, 807:-- --Meideis me phaulein kasthenei

nomizeto Meid eisuchaian, alla thateron tropou Bareian echthrois

kai philoisin eumenei--.

53. IV. IX. Fresh Difficulties with Mithradates

54. IV. IX. Fresh Difficulties with Mithradates, IV. X. Re-establishment

of Constitutional Order

55. Not -pthiriasis-, as another account states; for the simple

reason that such a disease is entirely imaginary.

Chapter XI

The History of Rome (Volumes 1-5) · 第 40 / 54 章