CHAPTER XV.

SULLA'S REACTIONARY MEASURES.

It is difficult to say about part of the legislation of this period

whether it was directly due to Sulla or not, just as some of the

changes in the army may or may not have been due to Marius, but were

certainly made about his time. The method of gathering together all

the changes made within certain dates, attributing them to one man,

and basing an estimate of his character on them, has a simplicity

about it which enables the writer to be graphic and spares the reader

trouble, but is an unsatisfactory way of presenting history. Enough,

however, is known of Sulla's own measures to make their general

tendency perfectly plain. [Sidenote: Main object of Sulla's laws.] His

main object was to restore the authority of the Senate, and to do more

than restore it, to give it such power as might, if it was true to

itself, secure it from mob-rule on the one hand and tyranny on the

other. Though he foresaw that his efforts would be futile, he was none

the less energetic in making them, and may reasonably have hoped that

they would at all events last his time, and enable him to enjoy

himself in Campania, undisturbed by another revolution. Our

acquaintance with his laws is only second-hand, for none of them

survive in their original form. They are known as Leges Corneliae, a

term which, though applicable to some other laws, is usually applied

to those of his making.

The Senate had originally been an advising council. Then it had

acquired superior authority, and issued commands to the magistrates.

It was placed by Sulla in a still higher position. [Sidenote: He

reconstitutes the Senate;] To fill up its exhausted ranks he admitted

to it 300 of the equestrian order; and, though it is not certain what

its numbers were to be, it is probable that they were fixed at about

500. Then he provided for keeping the list full for the future.

[Sidenote: fills it up from the quaestors;] Hitherto a man had become

a senator either at the censor's summons (of which he was practically

certain if he had been tribune or quaestor), or, if he had been

consul, praetor or aedile. [Sidenote: increases the number of the

quaestors;] Sulla made the quaestorship instead of the aedileship the

regular stepping-stone, and increased the number of the quaestors

to twenty. [Sidenote: degrades the censorship.] He also, in all

probability, though it is not certain, took away from the censors

their right of conferring or taking away senatorial rank. 'Once a

senator, always a senator,' was therefore now the rule; and as the

quaestors, who were the main source of supply, were nominated by the

Comitia Tributa, the Senate became a more representative as well as a

more permanent body than before, and independent of the magistrates.

[Sidenote: Legislative initiative given to the Senate.] Secondly, we

have seen that Sulla had given to the Senate by law the power which it

had previously exercised only by custom, of deliberating on a measure

before it was submitted to the vote of the Comitia. This was one

security against any measure being carried against its interests.

Before this the practice had been either for the Senate through the

tribunes to submit a measure to the vote, or for the tribunes to

submit a measure of their own after obtaining the Senate's authority

to do so. Saturninus, as we have seen, had overridden this custom, and

the only way in which the Senate could maintain its old privileges

would have been either by proclaiming a justitium, as it did on that

occasion, or by picking out some technical informality in the passing

of the plebiscitum, had not Sulla thus made its previous authorisation

absolutely indispensable. [Sidenote: Curtailment of the tribunes'

prerogative.] The tribunes, being deprived of the power of proposing a

measure at will to the Comitia Tributa, would also lose the power of

prosecuting anyone before it, and probably lost the right of convening

meetings in order to address the people. Sulla, too, provided that

those who had been tribunes should be ineligible to other offices,

and, though the right of veto seems to have been left to them, it is

not clear that it was left without restrictions, while the abuse of it

was made a heavily punishable offence. It is likely also that he made

senators the only persons eligible to the tribunate. Positively,

therefore, by making the Senate's previous consent to a law necessary,

and negatively by these limitations of the prerogative of the

tribunes, legislative power was placed wholly in the Senate's hands.

[Sidenote: Changes in the Comitia.] Thirdly, the balance in the

Comitia themselves was so adjusted that the voting would be mostly in

the Senate's interests. Something has already been said of Sulla's

changes on this head, in reverting to the Servian mode of voting (p.

129). Some explanation of what this means may be given here. Sulla did

not abolish the Comitia Tributa; but the measures just mentioned, as

they left the practical power of legislation with the Senate, left the

formal power with the Comitia Centuriata. [Sidenote: History of the

Comitia Tributa and Centuriata.] We know the origin of the Comitia

Centuriata. We do not know the origin of the Comitia Tributa. But

we do know that by degrees the latter obtained legislative power

co-ordinate with that of the former, and that the Plebiscitum became

as binding on the nation as the Lex. There were in short two parallel

bodies in which the people could make laws--ranged in the one by

tribes, and voting on measures submitted to them by their tribunes;

ranged in the other by centuries, and voting on measures submitted to

them by the consul. But as the State became more and more democratic,

the Comitia Tributa was more used than the Comitia Centuriata, in

which legislation was gradually confined to special matters assigned

to them by law or custom. Besides these functions the Comitia Tributa

decided on war or peace, elected the tribunes, aediles, and lesser

magistrates, and also usurped judicial power, arraigning magistrates

for their conduct in office, &c. The functions of the Comitia

Centuriata were, as we have, seen, also legislative. They elected to

the higher magistracies and exercised jurisdiction in capital cases, a

function which grew out of the Roman citizen's right to appeal. Each

century had one vote; and as by the Servian arrangement the first

class, though containing fewest voters, had nevertheless, owing to its

highest assessment, most votes, it could by itself outvote the other

classes. At some time or other this classification was altered; and a

new system, based partly on centuries and partly on tribes, came into

use. Each tribe was divided into ten centuries, five of seniors and

five of juniors. The first class consisted of one of each of these

from each tribe, so that, as there were thirty-five tribes, each class

would consist of seventy centuries. It is said by some that the first

class included also thirty-five centuries, or eighteen centuries of

equites. If this be true, the first class would still have retained

the preponderance of votes. In any case it had the best of the voting,

for even if it was decided by lot which century of all the centuries

should vote first, still the first class voted second, and the moral

effect of the wealthier and weightier citizens voting one way or other

would naturally influence the votes of the other centuries. Moreover

some say that the lot was confined to the centuries of the first

class. Such then was the original and such the modified constitution

of the Comitia Centuriata. [Sidenote: Sulla's legislation about the

Comitia.] Appian expressly states that Sulla reverted to the original

mode of voting. But he may be confusing things, and only mean that

Sulla took the voting power from the Comitia Tributa and vested it in

the Comitia Centuriata. And this probably is what Sulla did.

[Sidenote: Curtailment of the power of the consuls and praetors.]

Fourthly, as Sulla weakened the censorship in order to exalt the

Senate's authority at its expense, so, to prevent any individual again

obtaining undue influence, he ordained that no man should be consul

till he had been first quaestor and then praetor, and that no man

should be re-eligible to a curule office till after an interval of ten

years. This, however, was not enough. It was his object to curtail the

powers of every magistrate. And therefore, though the consulate was

not dangerous to the Senate in the sense that the tribunate was, he

laid hands both on it and on the praetorship. [Sidenote: Previous

powers of the two offices.] The functions of the consuls and praetors

had hitherto been these. The consuls had the general superintendence

of all except judicial matters at home, and the military

superintendence in all the provinces except Sicily, Sardinia, and the

two Spains, in which they only occasionally exercised their imperium.

One praetor, the Praetor Urbanus, presided over civil suits between

Roman citizens. Another, the Praetor Peregrinus, superintended such

suits between a citizen and an alien or between two aliens. The other

four were over the four above-mentioned provinces. In case of need

one man could do the work both of the Praetor Urbanus and the Praetor

Peregrinus, leaving his colleague free for a military command. Or the

consul or praetor might have his term of office extended, being bound

to continue in his command till a successor arrived. Or one consul

might manage the ordinary functions of both, and the other be

similarly left free for some special employment. The Senate could in

any given year assign, as business to be superintended by a consul or

a praetor, some military command or judicial commission, and then the

consuls or praetors had to settle by lot or by agreement who should

undertake it. As the State grew greater these special assignations had

to be made oftener. [Sidenote: The new scheme.] There had been eight

officials for eight offices; now five new superintendents had to be

provided for Asia, Africa, Macedonia, Narbo, and Cilicia, as well as

one for the Quaestio de Repetundis. To enable eight men to do the work

of fourteen the Senate made prolongation of office for a second year

the rule, and the officials confined by the nature of these duties to

the city during these years of office were generally sent at the end

of it to the transmarine provinces where most money was to be made.

Sulla increased the six praetors to eight, and made the two years'

term of office the legal term. But if this added to their power in

appearance, he diminished it in reality by separating the civil from

the military functions altogether. The consuls and praetors were to

manage the civil business of Rome. The proconsuls and propraetors were

to command the army. In the first year of office the two consuls

had the general administration of Rome, and two of the praetors its

judicial administration. The other six presided over the various

courts. In the second the ten exercised the imperium in Sicily,

Sardinia, the two Spains, Asia, Africa, Macedonia, Cilicia, and the

two Gauls, and none of them might stay in his province beyond thirty

days after his successor's arrival; or, under penalties for treason,

might leave his province during his term; or attack a foreign power

without express leave from home. [Sidenote: Effect of the new scheme.]

The effect of all this is plain. Whereas formerly the magistrates,

directly elected in the Comitia, might combine civil and military

authority, now the military authority could only be held by those

whose term of office was prolonged by the Senate's pleasure; for,

though the practice became invariable, it remained at the Senate's

discretion to break through it when it chose.

[Sidenote: Co-optation restored to the colleges.] Fifthly, having thus

lessened the power of the censors, consuls, praetors, and tribunes, he

by way of compensation--a serio-comic compensation it must have

seemed to his shrewd yet superstitious mind--restored the right

of co-optation to the sacred colleges of augurs and pontiffs, and

increased their numbers, thus multiplying harmless objects of rivalry

analogous to the ribands and garters of modern courts.

Sixthly, he took away from the equites and restored to the Senate the

judicia.

[Sidenote: Restoration of the Judicia to the Senate.] The judicia have

been often mentioned, and something maybe said about them here. In

civil suits the praetor, as we have seen, had the superintendence.

Sometimes he decided a case at once. Sometimes, if he thought the case

should be tried, he appointed a judex, giving him certain instructions

by which after the investigation he must decide the case. His action

here would be something like one of our judge's charges, but given

before hearing the evidence. There is nothing to prove that a judex of

this kind was at this time taken from any special class, or that

Sulla interfered with the established mode of procedure. [Sidenote:

Organisation of criminal courts.] It was about the constitution of the

criminal courts that the long struggle had raged between the Senate

and equites and here he made great changes. He found some permanent

criminal courts (e.g. the Quaestio de Repetundis, or court for

investigating cases of extortion in the provinces) already in

existence. He instituted or settled others; but it cannot be

ascertained how many of the following, which were in existence after

his time, were due to him. There were at least nine of these permanent

courts (Quaestiones Perpetuae): the Quaestio Majestatis; de vi; de

sicariis &c; de veneficiis; de parricidio; de falso; de repetundis;

peculatus; ambitus; or courts for trying cases of treason, violence,

assassination, poisoning, parricide, forgery, extortion, embezzlement,

and bribery. And there may have been more, e.g. de adulteriis and de

plagiis, for trying cases of adultery and the enslavement of freemen.

[Sidenote: Procedure in the courts.] His object in consolidating them

was to take from the Comitia the settlement of criminal cases, and to

obviate the necessity for appointing special commissions. For there

was no appeal from the quaestio, and a special commission was seldom

requisite when so many courts were available.

To preside in these courts there were six praetors; but, as there were

more courts than praetors, a senator, called judex quaestionis, was

appointed annually for each court where a president was wanting,

something after the fashion by which one of our judges sometimes in

press of business appoints a barrister as his deputy to clear off the

cases. The praetor, or judex quaestionis, presided over the judices in

each court, and the judices returned a verdict by a majority of votes,

sometimes given by ballot, sometimes openly. In choosing these judices

this was the process. The whole number available was, it is said, 300,

divided into three decuriae. In any given case the praetor named the

decuria from which the jurymen were to be taken, and then drew from an

urn containing their names the number assigned by law for the case to

be decided. Each side could then challenge a certain number, and fresh

names were drawn from the urn in place of those challenged. What Sulla

did was to supply these decuriae from the senators instead of the

equites.

One of the permanent courts found by Sulla already existing was that

of the Centumviri, who had jurisdiction over disputed inheritances.

The members of it were elected by the tribes, three by each tribe,

105 in all. Though it was directly elected by the people, Sulla could

apprehend no danger from such a court, and did not meddle with it.

[Sidenote: Other measures attributed to Sulla.] Other measures are

attributed to Sulla on evidence more or less probable, such as the

suppression of gratuitous distributions of corn; the abolition of the

right of freedmen to vote, and of the reserved seats appropriated to

the equites at public festivals; the re-establishment in Asia of fixed

taxes instead of the farming system; the extension of Italy proper

from the Aesis to the Rubicon, and the conversion of Cisalpine Gaul

into a province. It may be considered certain that he did all that

he could to humiliate the equites; but the settlement of Italy was

probably not due to him.

[Sidenote: His minor measures.] Other minor laws of which he was the

author dealt with specific criminal offences or social matters. One,

as we have seen (p. 196) specified the penalties for all sorts of

assassination and poisoning. Another dealt with forgery, another with

violence to the person or property, another with marriage and probably

adultery. Another was a sumptuary law, which is said to have limited

the price of certain luxuries. If this was the case it was even

sillier than other sumptuary laws, for it would have encouraged

instead of checking gluttony. Lastly, there was a law for the

settlement of his colonies through Italy, and at Aleria in Corsica.

[Sidenote: Effects of Sulla's legislation.] Sulla had for the moment

undone by his legislation the work of ages. He gagged free speech by

the disabilities attached to the tribunate. He kept the government

within a close circle by his process of recruiting the Senate. He made

the magistrates subordinate to the Senate. He filled Italy and Rome

with his own partisans, and therefore with those of the Senate, and

he gave back to the Senate that coveted possession of the judicia for

which it had struggled so long with the equites. But a system which

could endure only by the repression not only of hostile interests but

of the ambition of its own adherents carried in itself the seeds

of early dissolution. Almost before the reaction was complete a

counter-reaction had begun. Abdication only revealed monarchy, and the

broad road which Sulla had laid over the breakers and quicksands of

revolution in reality paved the way to a throne.

[Sidenote: Sulla's abdication a farce.] When be abdicated, he offered

to render account to anyone for his acts, and there is a story that

one young man thereupon followed him to his home loading him with

abuse, which Sulla listened to with meekness. If the story be true,

the incident was probably a pre-arranged part of the ceremony of

abdication, which in everything, except the fact that Sulla slipped

off the cares of government, was of course a farce. His funeral showed

what his real power continued to be, and, if another anecdote be true,

just before his death he had a magistrate of Puteoli strangled

because he had not collected in time his town's subscription to the

restoration of the Capitol. He had in fact done mischievously what the

Gracchi would have done beneficently; and greedy swordsmen occupied

the soil which the tribunes would have divided peaceably among

peaceable men. [Sidenote: The policy of the Gracchi justified by after

events.] The civil wars and the triumvirates are the best vindication

of the policy of the Gracchi, unless we can bring ourselves to fancy

that the Gracchi created, instead of attempting wisely to satisfy,

the demands of the age. By an orderly intermixture of Italians and

foreigners with the corrupt body of Roman citizens new life might have

been infused into the old system, and something foreshadowing modern

representative government have been established, without proscription

or praetorian rule. As it was, the vices of society only became

aggravated at an era of violence, and the sharpest remedies failed to

stay the creeping paralysis by which it was assailed.

The gradual depopulation of Italy has already been described. In spite

of Sulla's colonies the ruin of the country must have been vastly

accelerated by his civil wars and those which followed them. And,

while the honest country class was dying out, the town class was ever

plunging deeper into frivolity and voluptuousness. To defray the cost

of the sumptuous life of the capital the fashionable spendthrift was

forced to resort to extortion in the provinces, which, as we have

seen, became so crying an evil that a permanent court existed for

dealing with it before the time of Sulla. The greedy throve on usury,

or involved the State in war, to fill their own purses. The fortunes

amassed by an Aquillius, a Verres, a Lucullus, spoke as eloquently of

Rome's rapacity abroad as did those of Crassus or Sulla in Italy. Such

being the state of things under the government which Sulla strove

to perpetuate, his character as a statesman deserves as strong

reprobation as his conduct as a man. To lay down power from a sense of

duty is one thing. Cynically to shrink from responsibility is another.

The misery of the following half-century must be laid chiefly at

Sulla's door. The inevitable goal to which everything was tending was

as patent in his time as in the time of Augustus. Whatever may have

been for the interest of the Roman aristocracy, monarchy was by this

time for the interest of the Roman world.

LIST OF PHRASES

_It has been suggested that the following List of Phrases occurring in

the History may be useful. But the definitions are only approximately

precise._

_Aerarium_. The State treasury.

_Capite Censi_. Roman citizens rated by the head only, as having no

property.

_Cives Romani_. Citizens of Rome, a Roman colony, or a Municipium.

_Clientes_. Dependents of the Patres. Free, but not Cives Romani.

_Comitia Centuriata_. The subdivisions (193 or 194 in number) of the

six classes into which the Romans were divided, according to property,

were called Centuries, and the assembly of them Comitia Centuriata.

_Comitia Tributa_. The assembly in which the people voted according to

the tribes or territorial divisions.

_Dominium_. Ownership.

_Equites_. Originally the men rich enough to maintain war-horses;

afterwards the rich class corresponding to our city men.

_Flamen_. A priest of some particular god.

_Frumentaria_. Lex. A law for cheapening corn.

_Imperator_. The title given on the battle-field to a successful

general by his soldiers.

_Imperium_. The power given by the State to an individual who was to

command an army.

_Interrex_. An official appointed to hold an election of consuls when

the regular mode of election had not been followed.

_Judicia_. Bodies of jurymen (judices) who tried criminal cases.

_Jugerum_. A measure of surface 240 feet long, 120 broad.

_Justitium_. A suspension of public business for some religious

observance.

_Latifundia_. Large estates cultivated by slave-labour.

_Latini_. See p. 16.

_Legati_. Officers of the general's suite corresponding to our

generals of division.

_Libertini_. The class of freedmen known as Liberti, with reference to

freeborn men, Libertini with reference to each other.

_Municipia_. Conquered Italian towns having the right of acquiring

property in the Roman State (Commercium), and marrying the daughter of

a Roman citizen (Connubium), but unable to acquire the honours of the

State (Jus Honoris), or to vote at Rome (Jus Suffragii).

_Negotiatores_. Money-lenders.

_Nobiles_. The offspring of men who had held a curule office.

_Optimates_. The senatorial party at and after the era of the Gracchi.

_Patres_. 1. Originally Cives Romani, the governing body at Rome. 2.

Afterwards the Senate.

_Patronus_. A Pater with reference to a Client. A Dominus with

reference to a Libertus.

_Perduellio_. Abuse of official position injurious to the State.

_Pilum_. A wooden shaft 4 feet long, with an iron head 2 feet 3 inches

long. There was also a lighter kind.

_Plebiscitum_. 1. A resolution of the people. 2. Equivalent to lex.

_Plebs_. Originally the free citizens of Rome who had no political

privileges.

_Populares_. The anti-senatorial party at and after the time of the

Gracchi.

_Possessor_. An occupier of public land.

_Praefectura_. A Roman colony, or Municipium, in which a Roman

Praefectus administered justice.

_Proletarii_. Roman citizens rated at less than 1,500 asses.

_Publicani_. Farmers of the revenue.

_Rostra_. A name given to the stage in the Forum where speakers

addressed the people. So called because ornamented with beaks of ships

captured from the enemy.

_Scriptura_. A tax paid to the State on cattle grazing on public land.

_Socii_. Free inhabitants of Italy. See p. 16.

_Vectigal_. 1. A tax of 1/10th of the year's crops. 2. The revenue

produced by the Scriptura.

INDEX

Adherbal.

Aedui, the.

Ager Publicus.

Agrarian law, the first.

Ahenobarbus, Domitius.

Albinus, Aulus.

Albinus, Sp.

Allobroges, the.

Ambrones, the.

Antyllus.

Aquae Sextiae.

Archelaus.

Aristion.

Aristonicus.

Army, the Roman.

Arverni, the.

Asculum.

Asia, taxation of.

Athenion.

Athens, siege of.

Attalus of Pergamus.

Baebius.

Bestia.

Blossius.

Bocchus.

Bomilcar.

Caepio, Q. Servilius.

Calvinus.

Capsa.

Carbo.

Cassius, Sp.

Catiline.

Catulus.

Centumviri, the.

Chaeroneia, battle of.

Cimbri.

Cinna, L. Cornelius.

Cirta.

Cives Romani, the.

Cleon.

Clientes.

Colline Gate, battle of the.

Colony, a Roman.

Comitia Centuriata.

Comitia Tribunata.

Commercium.

Connubium.

Cornelia.

Crassus, P. Licinius.

Damophilus.

Domitia, Via.

Drusus, M. Livius.

England, history of Rome compared to that of.

Equites, the.

Equitius.

Eunous.

Fimbria.

Flaccus, Fulvius.

Fregellae, revolt of.

Gauda.

Geminus.

Glaucia, C. Servilius.

Gordius.

Gracchus, C.

Gracchus, T.

Helvetii, the.

Hortensius.

Jugurtha.

Jus Honorum.

--Suffragii.

Laenas Popilius.

Lamponius.

Lex Baebia.

--Cassia.

--Flaminia.

--Frumentaria of C. Gracchus.

--Judiciaria of C. Gracchus.

--Julia.

--Junia de Peregrinis.

--Licinia.

--Maria.

--Papiria.

--Plautia Papiria.

--Servilia.

--Thoria.

Lucullus,(1); (2).

Lupus.

Luxury at Rome.

M. Antonius.

M'. Aquillius.

Mariani Muli.

Marius, C.(1); (2).

Massiva.

Megallis.

Memmius.

Merula, L.

Metellus, Q. Caecilius.

Mithridates.

Municipium.

Murena.

Mutilus, C. Papius.

Nobiles.

Norbanus.

Octavius.

Ofella.

Opimius.

Optimates.

Orchomenus.

Oxyntas.

Patres.

Perduellio.

Peregrini, the.

Philippus.

Piraeus, siege of.

Plebeians.

Pompeius, Cn.(1); (2).

Pontius, C.

Populares.

Praefectura.

Proscriptions of Marius and Cinna.

Provincials.

Quaestio.

Rhone, canal cut from, by Marius.

Roscius.

Rubrius.

Rufus Rutilius.

Rupillius.

Sacriportus, battle of.

Salvius.

Salyes, the

Saturninus,

Satyreius, P.

Satyrus.

Scaevola.

Scaurus, M. Aemilius.

Scipio Aemilianus.

Scipio Nasica.

Septimuleius.

Sertorius.

Silo, Pompaedius.

Slavery, Roman.

Slave War, the first.

-- -- the second.

Social War, The.

Society, deterioration of Roman.

Sulla, L. Cornelius.

Sulla's laws.

Sulpician laws, the.

Sulpicius.

Taxiles.

Teanum, story of Roman cruelty at.

Teutones, the.

Thala.

Tifata, battle of.

Tigranes.

Tiguroni, the.

Tolosa, the gold of.

Tribunate.

Tuditanus, Sempronius.

Tugeni, the.

Turpilius.

Vaga.

Venusia, story of a herdsman at.

Vercellae.

Verres.

Vettius.

Vettius Scato.

Volux.

End of Project Gutenberg's The Gracchi Marius and Sulla, by A.H. Beesley

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