CHAPTER VIII

Law, Religion, Military System, Economic Condition, Nationality

Development of Law

In the development which law underwent during this period within the

Roman community, probably the most important material innovation was

that peculiar control which the community itself, and in a subordinate

degree its office-bearers, began to exercise over the manners and

habits of the individual burgesses. The germ of it is to be sought in

the right of the magistrate to inflict property-fines (-multae-) for

offences against order.(1) In the case of all fines of more than two

sheep and thirty oxen or, after the cattle-fines had been by the

decree of the people in 324 commuted into money, of more than 3020

libral -asses- (30 pounds), the decision soon after the expulsion of

the kings passed by way of appeal into the hands of the community;(2)

and thus procedure by fine acquired an importance which it was far

from originally possessing. Under the vague category of offences

against order men might include any accusations they pleased, and by

the higher grades in the scale of fines they might accomplish whatever

they desired. The dangerous character of such arbitrary procedure was

brought to light rather than obviated by the mitigating proviso, that

these property-fines, where they were not fixed by law at a definite

sum, should not amount to half the estate belonging to the person

fined. To this class belonged the police-laws, which from the earliest

times were especially abundant in the Roman community. Such were those

enactments of the Twelve Tables, which prohibited the anointing of a

dead body by persons hired for the purpose, the dressing it out with

more than one cushion or more than three purple-edged coverings, the

decorating it with gold or gaudy chaplets, the use of dressed wood for

the funeral pile, and the perfuming or sprinkling of the pyre with

frankincense or myrrh-wine; which limited the number of flute-players

in the funeral procession to ten at most; and which forbade wailing

women and funeral banquets--in a certain measure the earliest Roman

legislation against luxury. Such also were the laws--originating

in the conflicts of the orders--directed against usury as well as

against an undue use of the common pasture and a disproportionate

appropriation of the occupiable domain-land. But far more fraught

with danger than these and similar fining-laws, which at any rate

formulated once for all the trespass and often also the measure of

punishment, was the general prerogative of every magistrate who

exercised jurisdiction to inflict a fine for an offence against order,

and, if the fine reached the amount necessary to found an appeal and

the person fined did not submit to the penalty, to bring the case

before the community. Already in the course of the fifth century

quasi-criminal proceedings had been in this way instituted against

immorality of life both in men and women, against the forestalling of

grain, witchcraft, and similar matters. Closely akin to this was the

quasi-jurisdiction of the censors, which likewise sprang up at this

period. They were invested with authority to adjust the Roman budget

and the burgess-roll, and they availed themselves of it, partly to

impose of their own accord taxes on luxury which differed only in form

from penalties on it, partly to abridge or withdraw the political

privileges of the burgess who was reported to have been guilty of any

infamous action.(3) The extent to which this surveillance was already

carried is shown by the fact that penalties of this nature were

inflicted for the negligent cultivation of a man's own land, and that

such a man as Publius Cornelius Rufinus (consul in 464, 477) was

struck off the list of senators by the censors of 479, because he

possessed silver plate to the value of 3360 sesterces (34 pounds).

No doubt, according to the rule generally applicable to the edicts of

magistrates,(4) the sentences of the censors had legal force only

during their censorship, that is on an average for the next five

years, and might be renewed or not by the next censors at pleasure.

Nevertheless this censorial prerogative was of so immense importance,

that in virtue of it the censorship, originally a subordinate

magistracy, became in rank and consideration the first of all.(5)

The government of the senate rested essentially on this twofold

police control supreme and subordinate, vested in the community and

its officials, and furnished with powers as extensive as they were

arbitrary. Like every such arbitrary government, it was productive

of much good and much evil, and we do not mean to combat the view of

those who hold that the evil preponderated. But we must not forget

that--amidst the morality external certainly but stern and energetic,

and the powerful enkindling of public spirit, that were the genuine

characteristics of this period--these institutions remained exempt

as yet from any really base misuse; and if they were the chief

instruments in repressing individual freedom, they were also the means

by which the public spirit and the good old manners and order of the

Roman community were with might and main upheld.

Modifications in the Laws

Along with these changes a humanizing and modernizing tendency showed

itself slowly, but yet clearly enough, in the development of Roman

law. Most of the enactmerits of the Twelve Tables, which coincide with

the laws of Solon and therefore may with reason be considered as in

substance innovations, bear this character; such as the securing the

right of free association and the autonomy of the societies that

originated under it; the enactment that forbade the ploughing up of

boundary-balks; and the mitigation of the punishment of theft, so that

a thief not caught in the act might henceforth release himself from

the plaintiff's suit by payment of double compensation. The law of

debt was modified in a similar sense, but not till upwards of a

century afterwards, by the Poetelian law.(6) The right freely to

dispose of property, which according to the earliest Roman law was

accorded to the owner in his lifetime but in the case of death had

hitherto been conditional on the consent of the community, was

liberated from this restriction, inasmuch as the law of the Twelve

Tables or its interpretation assigned to the private testament the

same force as pertained to that confirmed in the curies. This was

an important step towards the breaking up of the clanships, and

towards the full carrying out of individual liberty in the disposal

of property. The fearfully absolute paternal power was restricted by

the enactment, that a son thrice sold by his father should not relapse

into his power, but should thenceforth be free; to which--by a legal

inference that, strictly viewed, was no doubt absurd--was soon

attached the possibility that a father might voluntarily divest

himself of dominion over his son by emancipation. In the law of

marriage civil marriage was permitted;(7) and although the full

marital power was associated as necessarily with a true civil as with

a true religious marriage, yet the permission of a connection instead

of marriage,(8) formed without that power, constituted a first step

towards relaxation of the full power of the husband. The first step

towards a legal enforcement of married life was the tax on old

bachelors (-aes uxorium-) with the introduction of which Camillus

began his public career as censor in 351.

Administration of Justice--

Code of Common Law--

New Judicial Functionaries

Changes more comprehensive than those effected in the law itself were

introduced into--what was more important in a political point of view,

and more easily admitted of alteration--the system of judicial

administration. First of all came the important limitation of the

supreme judicial power by the embodiment of the common law in a

written code, and the obligation of the magistrate thenceforth to

decide no longer according to varying usage, but according to the

written letter, in civil as well as in criminal procedure (303, 304).

The appointment of a supreme magistrate in Rome exclusively for the

administration of justice in 387,(9) and the establishment of

separate police functionaries which took place contemporaneously

in Rome, and was imitated under Roman influence in all the Latin

communities,(10) secured greater speed and precision of justice.

These police-magistrates or aediles had, of course, a certain

jurisdiction at the same time assigned to them. On the one hand,

they were the ordinary civil judges for sales concluded in open

market, for the cattle and slave markets in particular; and on

the other hand, they ordinarily acted in processes of fines and

amercements as judges of first instance or--which was in Roman

law the same thing--as public prosecutors. In consequence of this the

administration of the laws imposing fines, and the equally indefinite

and politically important right of fining in general, were vested

mainly in them. Similar but subordinate functions, having especial

reference to the poorer classes, pertained to the three night--or

blood-masters (-tres viri nocturni- or -capitales-), first nominated

in 465; they were entrusted with the duties of nocturnal police as

regards fire and the public safety and with the superintendence of

executions, with which a certain summary jurisdiction was very soon,

perhaps even from the outset, associated.(11) Lastly from the

increasing extent of the Roman community it became necessary, out of

regard to the convenience of litigants, to station in the more remote

townships special judges competent to deal at least with minor civil

causes. This arrangement was the rule for the communities of burgesses

-sine suffragio-,(12) and was perhaps even extended to the more

remote communities of full burgesses,(13)--the first germs of a

Romano-municipal jurisdiction developing itself by the side of that

which was strictly Roman.

Changes in Procedure

In civil procedure (which, however, according to the ideas of that

period included most of the crimes committed against fellow-citizens)

the division of a process into the settlement of the question of law

before the magistrate (-ius-), and the decision of the question of

fact by a private person nominated by the magistrate (-iudicium-)

--a division doubtless customary even in earlier times--was on

the abolition of the monarchy prescribed by law;(14) and to that

separation the private law of Rome was mainly indebted for its logical

clearness and practical precision.(15) In actions regarding property,

the decision as to what constituted possession, which hitherto had

been left to the arbitrary caprice of the magistrate, was subjected

gradually to legal rules; and, alongside of the law of property, a law

of possession was developed--another step, by which the magisterial

authority lost an important part of its powers. In criminal processes,

the tribunal of the people, which hitherto had exercised the

prerogative of mercy, became a court of legally secured appeal. If the

accused after hearing (-quaestio-) was condemned by the magistrate and

appealed to the burgesses, the magistrate proceeded in presence of

these to the further hearing (-anquisitio-) and, when he after three

times discussing the matter before the community had repeated his

decision, in the fourth diet the sentence was confirmed or rejected

by the burgesses. Modification was not allowed. A similar republican

spirit breathed in the principles, that the house protected the

burgess, and that an arrest could only take place out of doors; that

imprisonment during investigation was to be avoided; and that it

was allowable for every accused and not yet condemned burgess by

renouncing his citizenship to withdraw from the consequences of

condemnation, so far as they affected not his property but his

person-principles, which certainly were not embodied in formal laws

and accordingly did not legally bind the prosecuting magistrate, but

yet were by their moral weight of the greatest influence, particularly

in limiting capital punishment. But, if the Roman criminal law

furnishes a remarkable testimony to the strong public spirit and to

the increasing humanity of this epoch, it on the other hand suffered

in its practical working from the struggles between the orders, which

in this respect were specially baneful. The co-ordinate primary

jurisdiction of all the public magistrates in criminal cases, that

arose out of these conflicts,(16) led to the result, that there was

no longer any fixed authority for giving instructions, or any serious

preliminary investigation, in Roman criminal procedure. And, as the

ultimate criminal jurisdiction was exercised in the forms and by

the organs of legislation, and never disowned its origin from the

prerogative of mercy; as, moreover, the treatment of police fines had

an injurious reaction on the criminal procedure which was externally

very similar; the decision in criminal causes was pronounced--and that

not so much by way of abuse, as in some degree by virtue of the

constitution--not according to fixed law, but according to the

arbitrary pleasure of the judges. In this way the Roman criminal

procedure was completely void of principle, and was degraded into

the sport and instrument of political parties; which can the less be

excused, seeing that this procedure, while especially applied to

political crimes proper, was applicable also to others, such as murder

and arson. The evil was aggravated by the clumsiness of that

procedure, which, in concert with the haughty republican contempt for

non-burgesses, gave rise to a growing custom of tolerating, side by

side with the more formal process, a summary criminal, or rather

police, procedure against slaves and common people. Here too the

passionate strife regarding political processes overstepped natural

limits, and introduced institutions which materially contributed to

estrange the Romans step by step from the idea of a fixed moral order

in the administration of justice.

Religion--

New Gods

We are less able to trace the progress of the religious conceptions of

the Romans during this epoch. In general they adhered with simplicity

to the simple piety of their ancestors, and kept equally aloof from

superstition and from unbelief. How vividly the idea of spiritualizing

all earthly objects, on which the Roman religion was based, still

prevailed at the close of this epoch, is shown by the new "God of

silver" (-Argentinus-), who presumably came into existence only in

consequence of the introduction of the silver currency in 485, and who

naturally was the son of the older "God of copper" (-Aesculanus-).

The relations to foreign lands were the same as heretofore; but here,

and here especially, Hellenic influences were on the increase. It was

only now that temples began to rise in Rome itself in honour of the

Hellenic gods. The oldest was the temple of Castor and Pollux, which

had been vowed in the battle at lake Regillus(17) and was consecrated

on 15th July 269. The legend associated with it, that two youths of

superhuman size and beauty had been seen fighting on the battle-field

in the ranks of the Romans and immediately after the battle watering

their foaming steeds in the Roman Forum at the fountain of luturna,

and announcing the great victory, bears a stamp thoroughly un-Roman,

and was beyond doubt at a very early period modelled on the appearance

of the Dioscuri--similar down to its very details--in the famous

battle fought about a century before between the Crotoniates and

Locrians at the river Sagras. The Delphic Apollo too was not only

consulted--as was usual with all peoples that felt the influence of

Grecian culture--and presented moreover after special successes, such

as the capture of Veii, with a tenth of the spoil (360), but also had

a temple built for him in the city (323, renewed 401). The same honour

was towards the close of this period accorded to Aphrodite (459), who

was in some enigmatical way identified with the old Roman garden

goddess, Venus;(18) and to Asklapios or Aesculapius, who was obtained

by special request from Epidaurus in the Peloponnesus and solemnly

conducted to Rome (463). Isolated complaints were heard in serious

emergencies as to the intrusion of foreign superstition, presumably

the art of the Etruscan -haruspices- (as in 326); but in such cases

the police did not fail to take proper cognisance of the matter.

In Etruria on the other hand, while the nation stagnated and decayed

in political nullity and indolent opulence, the theological monopoly

of the nobility, stupid fatalism, wild and meaningless mysticism, the

system of soothsaying and of mendicant prophecy gradually developed

themselves, till they reached the height at which we afterwards find

them.

Sacerdotal System

In the sacerdotal system no comprehensive changes, so far as we know,

took place. The more stringent enactments, that were made about 465

regarding the collection of the process-fines destined to defray the

cost of public worship, point to an increase in the ritual budget of

the state--a necessary result of the increase in the number of its

gods and its temples. It has already been mentioned as one of the evil

effects of the dissensions between the orders that an illegitimate

influence began to be conceded to the colleges of men of lore, and

that they were employed for the annulling of political acts(19)--a

course by which on the one hand the faith of the people was shaken,

and on the other hand the priests were permitted to exercise a very

injurious influence on public affairs.

Military System--

Manipular Legion--

Entrenchment of Camp--

Cavalry--

Officers--

Military Discipline--

Training and Classes of Soldiers--

Military Value of the Manipular Legion

A complete revolution occurred during this epoch in the military

system. The primitive Graeco-Italian military organization, which was

probably based, like the Homeric, on the selection of the most

distinguished and effective warriors--who ordinarily fought on

horseback--to form a special vanguard, had in the later regal period

been superseded by the -legio--the old Dorian phalanx of hoplites,

probably eight file deep.(20) This phalanx thenceforth undertook the

chief burden of the battle, while the cavalry were stationed on the

flanks, and, mounted or dismounted according to circumstances, were

chiefly employed as a reserve. From this arrangement there were

developed nearly at the same time the phalanx of -sarrissae-in

Macedonia and the manipular arrangement in Italy, the former formed by

closing and deepening, the latter by breaking up and multiplying, the

ranks, in the first instance by the division of the old -legio- of

8400 into two -legiones- of 4200 men each. The old Doric phalanx had

been wholly adapted to close combat with the sword and especially with

the spear, and only an accessory and subordinate position in the order

of battle was assigned to missile weapons. In the manipular legion the

thrusting-lance was confined to the third division, and instead of it

the first two were furnished with a new and peculiar Italian missile

weapon, the -pilum- a square or round piece of wood, four and a half

feet long, with a triangular or quadrangular iron point--which had

been originally perhaps invented for the defence of the ramparts of

the camp, but was soon transferred from the rear to the front ranks,

and was hurled by the advancing line into the ranks of the enemy at a

distance of from ten to twenty paces. At the same time the sword

acquired far greater importance than the short knife of the phalangite

could ever have had; for the volley of javelins was intended in the

first instance merely to prepare the way for an attack sword in hand.

While, moreover, the phalanx had, as if it were a single mighty lance,

to be hurled at once upon the enemy, in the new Italian legion the

smaller units, which existed also in the phalanx system but were in

the order of battle firmly and indissolubly united, were tactically

separated from each other. Not merely was the close square divided, as

we have said, into two equally strong halves, but each of these was

separated in the direction of its depth into the three divisions of

the -hastati-, - principes-, and -triarii-, each of a moderate depth

probably amounting in ordinary cases to only four files; and was

broken up along the front into ten bands (-manipuli-), in such a way

that between every two divisions and every two maniples there was left

a perceptible interval. It was a mere continuation of the same process

of individualizing, by which the collective mode of fighting was

discouraged even in the diminished tactical unit and the single combat

became prominent, as is evident from the (already mentioned) decisive

part played by hand-to-hand encounters and combats with the sword. The

system of entrenching the camp underwent also a peculiar development.

The place where the army encamped, even were it only for a single

night, was invariably provided with a regular circumvallation and as

it were converted into a fortress. Little change took place on the

other hand in the cavalry, which in the manipular legion retained the

secondary part which it had occupied by the side of the phalanx. The

system of officering the army also continued in the main unchanged;

only now over each of the two legions of the regular army there were

set just as many war-tribunes as had hitherto commanded the whole

army, and the number of staff-officers was thus doubled. It was at

this period probably that the clear line of demarcation became

established between the subaltern officers, who as common soldiers had

to gain their place at the head of the maniples by the sword and

passed by regular promotion from the lower to the higher maniples, and

the military tribunes placed at the head of whole legions--six to

each--in whose case there was no regular promotion, and for whom men

of the better class were usually taken. In this respect it must have

become a matter of importance that, while previously the subaltern

as well as the staff-officers had been uniformly nominated by the

general, after 392 some of the latter posts were filled up through

election by the burgesses.(21) Lastly, the old, fearfully strict,

military discipline remained unaltered. Still, as formerly, the

general was at liberty to behead any man serving in his camp, and to

scourge with rods the staff-officer as well as the common soldier;

nor were such punishments inflicted merely on account of common

crimes, but also when an officer had allowed himself to deviate from

the orders which he had received, or when a division had allowed

itself to be surprised or had fled from the field of battle. On the

other hand, the new military organization necessitated a far more

serious and prolonged military training than the previous phalanx

system, in which the solidity of the mass kept even the inexperienced

in their ranks. If nevertheless no special soldier-class sprang up,

but on the contrary the army still remained, as before, a burgess

army, this object was chiefly attained by abandoning the former mode

of ranking the soldiers according to property(22) and arranging them

according to length of service. The Roman recruit now entered among

the light-armed "skirmishers" (-rorarii-), who fought outside of the

line and especially with stone slings, and he advanced from this step

by step to the first and then to the second division, till at length

the soldiers of long service and experience were associated together

in the corps of the -triarii-, which was numerically the weakest but

imparted its tone and spirit to the whole army.

The excellence of this military organization, which became the primary

cause of the superior political position of the Roman community,

chiefly depended on the three great military principles of maintaining

a reserve, of combining the close and distant modes of fighting, and

of combining the offensive and the defensive. The system of a reserve

was already foreshadowed in the earlier employment of the cavalry,

but it was now completely developed by the partition of the army into

three divisions and the reservation of the flower of the veterans for

the last and decisive shock. While the Hellenic phalanx had developed

the close, and the Oriental squadrons of horse armed with bows and

light missile spears the distant, modes of fighting respectively, the

Roman combination of the heavy javelin with the sword produced results

similar, as has justly been remarked, to those attained in modern

warfare by the introduction of bayonet-muskets; the volley of javelins

prepared the way for the sword encounter, exactly in the same way as a

volley of musketry now precedes a charge with the bayonet. Lastly,

the elaborate system of encampment allowed the Romans to combine the

advantages of defensive and offensive war and to decline or give

battle according to circumstances, and in the latter case to fight

under the ramparts of their camp just as under the walls of a

fortress--the Roman, says a Roman proverb, conquers by sitting still.

Origin of the Manipular Legion

That this new military organization was in the main a Roman, or at any

rate Italian, remodelling and improvement of the old Hellenic tactics

of the phalanx, is plain. If some germs of the system of reserve and

of the individualizing of the smaller subdivisions of the army are

found to occur among the later Greek strategists, especially Xenophon,

this only shows that they felt the defectiveness of the old system,

but were not well able to obviate it. The manipular legion appears

fully developed in the war with Pyrrhus; when and under what

circumstances it arose, whether at once or gradually, can no

longer be ascertained. The first tactical system which the Romans

encountered, fundamentally different from the earlier Italo-Hellenic

system, was the Celtic sword-phalanx. It is not impossible that the

subdivision of the army and the intervals between the maniples in

front were arranged with a view to resist, as they did resist, its

first and only dangerous charge; and it accords with this hypothesis

that Marcus Furius Camillus, the most celebrated Roman general of the

Gallic epoch, is presented in various detached notices as the reformer

of the Roman military system. The further traditions associated with

the Samnite and Pyrrhic wars are neither sufficiently accredited, nor

can they with certainty be duly arranged;(23) although it is in itself

probable that the prolonged Samnite mountain warfare exercised a

lasting influence on the individual development of the Roman soldier,

and that the struggle with one of the first masters of the art of war,

belonging to the school of the great Alexander, effected an

improvement in the technical features of the Roman military system.

National Economy--

The Farmers--

Farming of Estates

In the national economy agriculture was, and continued to be, the

social and political basis both of the Roman community and of the new

Italian state. The common assembly and the army consisted of Roman

farmers; what as soldiers they had acquired by the sword, they secured

as colonists by the plough. The insolvency of the middle class of

landholders gave rise to the formidable internal crises of the third

and fourth centuries, amidst which it seemed as if the young republic

could not but be destroyed. The revival of the Latin farmer-class,

which was produced during the fifth century partly by the large

assignations of land and incorporations, partly by the fall in the

rate of interest and the increase of the Roman population, was at once

the effect and the cause of the mighty development of Roman power.

The acute soldier's eye of Pyrrhus justly discerned the cause of the

political and military ascendency of the Romans in the flourishing

condition of the Roman farms. But the rise also of husbandry on a

large scale among the Romans appears to fall within this period.

In earlier times indeed there existed landed estates of--at least

comparatively--large size; but their management was not farming on a

large scale, it was simply a husbandry of numerous small parcels.(24)

On the other hand the enactment in the law of 387, not incompatible

indeed with the earlier mode of management but yet far more

appropriate to the later, viz. that the landholder should be bound

to employ along with his slaves a proportional number of free

persons,(25) may well be regarded as the oldest trace of the later

centralized farming of estates;(26) and it deserves notice that even

here at its first emergence it essentially rests on slave-holding. How

it arose, must remain an undecided point; possibly the Carthaginian

plantations in Sicily served as models to the oldest Roman

landholders, and perhaps even the appearance of wheat in husbandry

by the side of spelt,(27) which Varro places about the period of the

decemvirs, was connected with that altered style of management. Still

less can we ascertain how far this method of husbandry had already

during this period spread; but the history of the wars with Hannibal

leaves no doubt that it cannot yet have become the rule, nor can it

have yet absorbed the Italian farmer class. Where it did come into

vogue, however, it annihilated the older clientship based on the

-precarium-; just as the modern system of large farms has been formed

in great part by the suppression of petty holdings and the conversion

of hides into farm-fields. It admits of no doubt that the restriction

of this agricultural clientship very materially contributed towards

the distress of the class of small cultivators.

Inland Intercourse in Italy

Respecting the internal intercourse of the Italians with each other

our written authorities are silent; coins alone furnish some

information. We have already mentioned(28) that in Italy, with the

exception of the Greek cities and of the Etruscan Populonia, there was

no coinage during the first three centuries of Rome, and that cattle

in the first instance, and subsequently copper by weight, served as

the medium of exchange. Within the present epoch occurred the

transition on the part of the Italians from the system of barter to

that of money; and in their money they were naturally led at first to

Greek models. The circumstances of central Italy led however to the

adoption of copper instead of silver as the metal for their coinage,

and the unit of coinage was primarily based on the previous unit of

value, the copper pound; hence they cast their coins instead of

stamping them, for no die would have sufficed for pieces so large and

heavy. Yet there seems from the first to have been a fixed ratio for

the relative value of copper and silver (250:1), and with reference to

that ratio the copper coinage seems to have been issued; so that, for

example, in Rome the large copper piece, the -as-, was equal in value

to a scruple (1/288 of a pound) of silver. It is a circumstance

historically more remarkable, that coining in Italy most probably

originated in Rome, and in fact with the decemvirs, who found in the

Solonian legislation a pattern for the regulation of their coinage;

and that from Rome it spread over a number of Latin, Etruscan,

Umbrian, and east-Italian communities, --a clear proof of the superior

position which Rome from the beginning of the fourth century held in

Italy. As all these communities subsisted side by side in formal

independence, legally the monetary standard was entirely local, and

the territory of every city had its own monetary system. Nevertheless

the standards of copper coinage in central and northern Italy may be

comprehended in three groups, within which the coins in common

intercourse seem to have been treated as homogeneous. These groups

are, first, the coins of the cities of Etruria lying north of the

Ciminian Forest and those of Umbria; secondly, the coins of Rome and

Latium; and lastly, those of the eastern seaboard. We have already

observed that the Roman coins held a certain ratio to silver by

weight; on the other hand we find those of the east coast of Italy

placed in a definite proportional relation to the silver coins which

were current from an early period in southern Italy, and the standard

of which was adopted by the Italian immigrants, such as the Bruttians,

Lucanians, and Nolans, by the Latin colonies in that quarter, such as

Cales and Suessa, and even by the Romans themselves for their

possessions in Lower Italy. Accordingly the inland traffic of Italy

must have been divided into corresponding provinces, which dealt with

one another like foreign nations.

In transmarine commerce the relations we have previously described(29)

between Sicily and Latium, Etruria and Attica, the Adriatic and

Tarentum, continued to subsist during the epoch before us or rather,

strictly speaking, belonged to it; for although facts of this class,

which as a rule are mentioned without a date, have been placed

together for the purpose of presenting a general view under the first

period, the statements made apply equally to the present. The clearest

evidence in this respect is, of course, that of the coins. As the

striking of Etruscan silver money after an Attic standard(30) and the

penetrating of Italian and especially of Latin copper into Sicily(31)

testify to the two former routes of traffic, so the equivalence, which

we have just mentioned, between the silver money of Magna Graecia and

the copper coinage of Picenum and Apulia, forms, with numerous other

indications, an evidence of the active traffic which the Greeks of

Lower Italy, the Tarentines in particular, held with the east Italian

seaboard. The commerce again, which was at an earlier period perhaps

still more active, between the Latins and the Campanian Greeks seems

to have been disturbed by the Sabellian immigration, and to have been

of no great moment during the first hundred and fifty years of the

republic. The refusal of the Samnites in Capua and Cumae to supply

the Romans with grain in the famine of 343 may be regarded as an

indication of the altered relations which subsisted between Latium and

Campania, till at the commencement of the fifth century the Roman arms

restored and gave increased impetus to the old intercourse.

Touching on details, we may be allowed to mention, as one of the few

dated facts in the history of Roman commerce, the notice drawn from

the annals of Ardea, that in 454 the first barber came from Sicily to

Ardea; and to dwell for a moment on the painted pottery which was sent

chiefly from Attica, but also from Corcyra and Sicily, to Lucania,

Campania, and Etruria, to serve there for the decoration of tombs--a

traffic, as to the circumstances of which we are accidentally better

informed than as to any other article of transmarine commerce. The

commencement of this import trade probably falls about the period of

the expulsion of the Tarquins; for the vases of the oldest style,

which are of very rare occurrence in Italy, were probably painted in

the second half of the third century of the city, while those of the

chaste style, occurring in greater numbers, belong to the first half,

those of the most finished beauty to the second half, of the fourth

century; and the immense quantities of the other vases, often marked

by showiness and size but seldom by excellence in workmanship, must be

assigned as a whole to the following century. It was from the Hellenes

undoubtedly that the Italians derived this custom of embellishing

tombs; but while the moderate means and fine discernment of the Greeks

confined the practice in their case within narrow limits, it was

stretched in Italy by barbaric opulence and barbaric extravagance

far beyond its original and proper bounds. It is a significant

circumstance, however, that in Italy this extravagance meets us only

in the lands that had a Hellenic semi-culture. Any one who can read

such records will perceive in the cemeteries of Etruria and Campania

--the mines whence our museums have been replenished--a significant

commentary on the accounts of the ancients as to the Etruscan and

Campanian semi-culture choked amidst wealth and arrogance.(32)

The homely Samnite character on the other hand remained at all times

a stranger to this foolish luxury; the absence of Greek pottery from

the tombs exhibits, quite as palpably as the absence of a Samnite

coinage, the slight development of commercial intercourse and of urban

life in this region. It is still more worthy of remark that Latium

also, although not less near to the Greeks than Etruria and Campania,

and in closest intercourse with them, almost wholly refrained from

such sepulchral decorations. It is more than probable--especially on

account of the altogether different character of the tombs in the

unique Praeneste--that in this result we have to recognize the

influence of the stern Roman morality or--if the expression be

preferred--of the rigid Roman police. Closely connected with this

subject are the already-mentioned interdicts, which the law of the

Twelve Tables fulminated against purple bier-cloths and gold ornaments

placed beside the dead; and the banishment of all silver plate,

excepting the salt-cellar and sacrificial ladle, from the Roman

household, so far at least as sumptuary laws and the terror of

censorial censure could banish it: even in architecture we shall again

encounter the same spirit of hostility to luxury whether noble or

ignoble. Although, however, in consequence of these influences Rome

probably preserved a certain outward simplicity longer than Capua and

Volsinii, her commerce and trade--on which, in fact, along with

agriculture her prosperity from the beginning rested--must not be

regarded as having been inconsiderable, or as having less sensibly

experienced the influence of her new commanding position.

Capital in Rome

No urban middle class in the proper sense of that term, no body of

independent tradesmen and merchants, was ever developed in Rome. The

cause of this was--in addition to the disproportionate centralization

of capital which occurred at an early period--mainly the employment of

slave labour. It was usual in antiquity, and was in fact a necessary

consequence of slavery, that the minor trades in towns were very

frequently carried on by slaves, whom their master established as

artisans or merchants; or by freedmen, in whose case the master not

only frequently furnished the capital, but also regularly stipulated

for a share, often the half, of the profits. Retail trading and

dealing in Rome were undoubtedly constantly on the increase; and

there are proofs that the trades which minister to the luxury of

great cities began to be concentrated in Rome--the Ficoroni casket

for instance was designed in the fifth century of the city by a

Praenestine artist and was sold to Praeneste, but was nevertheless

manufactured in Rome.(33) But as the net proceeds even of retail

business flowed for the most part into the coffers of the great

houses, no industrial and commercial middle-class arose to an extent

corresponding to that increase. As little were the great merchants and

great manufacturers marked off as a distinct class from the great

landlords. On the one hand, the latter were from ancient times(34)

simultaneously traders and capitalists, and combined in their hands

lending on security, trafficking on a great scale, the undertaking

of contracts, and the executing of works for the state. On the other

hand, from the emphatic moral importance which in the Roman

commonwealth attached to the possession of land, and from its

constituting the sole basis of political privileges--a basis which was

infringed for the first time only towards the close of this epoch

(35)--it was undoubtedly at this period already usual for the

fortunate speculator to invest part of his capital in land. It is

clear enough also from the political privileges given to freedmen

possessing freeholds,(36) that the Roman statesmen sought in this way

to diminish the dangerous class of the rich who had no land.

Development of Rome as A Great City

But while neither an opulent urban middle class nor a strictly close

body of capitalists grew up in Rome, it was constantly acquiring more

and more the character of a great city. This is plainly indicated by

the increasing number of slaves crowded together in the capital (as

attested by the very serious slave conspiracy of 335), and still more

by the increasing multitude of freedmen, which was gradually becoming

inconvenient and dangerous, as we may safely infer from the

considerable tax imposed on manumissions in 397(37) and from the

limitation of the political rights of freedmen in 450.(38) For not

only was it implied in the circumstances that the great majority of

the persons manumitted had to devote themselves to trade or commerce,

but manumission itself among the Romans was, as we have already said,

less an act of liberality than an industrial speculation, the master

often finding it more for his interest to share the profits of the

trade or commerce of the freedman than to assert his title to

the whole proceeds of the labour of his slave. The increase of

manumissions must therefore have necessarily kept pace with the

increase of the commercial and industrial activity of the Romans.

Urban Police

A similar indication of the rising importance of urban life in Rome is

presented by the great development of the urban police. To this period

probably belong in great measure the enactments under which the

four aediles divided the city into four police districts, and made

provision for the discharge of their equally important and difficult

functions--for the efficient repair of the network of drains small and

large by which Rome was pervaded, as well as of the public buildings

and places; for the proper cleansing and paving of the streets; for

obviating the nuisances of ruinous buildings, dangerous animals, or

foul smells; for the removing of waggons from the highway except

during the hours of evening and night, and generally for the keeping

open of the communication; for the uninterrupted supply of the market

of the capital with good and cheap grain; for the destruction of

unwholesome articles, and the suppression of false weights and

measures; and for the special oversight of baths, taverns, and

houses of bad fame.

Building--

Impulse Given to It

In respect to buildings the regal period, particularly the epoch of

the great conquests, probably accomplished more than the first two

centuries of the republic. Structures like the temples on the Capitol

and on the Aventine and the great Circus were probably as obnoxious to

the frugal fathers of the city as to the burgesses who gave their

task-work; and it is remarkable that perhaps the most considerable

building of the republican period before the Samnite wars, the temple

of Ceres in the Circus, was a work of Spurius Cassius (261) who in

more than one respect, sought to lead the commonwealth back to the

traditions of the kings. The governing aristocracy moreover repressed

private luxury with a rigour such as the rule of the kings, if

prolonged, would certainly not have displayed. But at length even

the senate was no longer able to resist the superior force of

circumstances. It was Appius Claudius who in his epoch-making

censorship (442) threw aside the antiquated rustic system of

parsimonious hoarding, and taught his fellow-citizens to make a worthy

use of the public resources. He began that noble system of public

works of general utility, which justifies, if anything can justify,

the military successes of Rome even from the point of view of the

welfare of the nations, and which even now in its ruins furnishes some

idea of the greatness of Rome to thousands on thousands who have never

read a page of her history. To him the Roman state was indebted for

its great military road, and the city of Rome for its first aqueduct.

Following in the steps of Claudius, the Roman senate wove around Italy

that network of roads and fortresses, the formation of which has

already been described,(39) and without which, as the history of all

military states from the Achaemenidae down to the creator of the road

over the Simplon shows, no military hegemony can subsist. Following in

the steps of Claudius, Manius Curius built from the proceeds of the

Pyrrhic spoil a second aqueduct for the capital (482); and some years

previously (464) with the gains of the Sabine war he opened up for the

Velino, at the point above Terni where it falls into the Nera, that

broader channel in which the stream still flows, with a view to drain

the beautiful valley of Rieti and thereby to gain space for a large

burgess settlement along with a modest farm for himself. Such works,

in the eyes of persons of intelligence, threw into the shade the

aimless magnificence of the Hellenic temples.

Embellishment of the City

The style of living also among the citizens now was altered. About

the time of Pyrrhus silver plate began to make its appearance on Roman

tables, and the chroniclers date the disappearance of shingle roofs in

Rome from 470.(40) The new capital of Italy gradually laid aside its

village-like aspect, and now began to embellish itself. It was not yet

indeed customary to strip the temples in conquered towns of their

ornaments for the decoration of Rome; but the beaks of the galleys of

Antium were displayed at the orator's platform in the Forum(41) and

on public festival days the gold-mounted shields brought home from

the battle-fields of Samnium were exhibited along the stalls of the

market.(42) The proceeds of fines were specially applied to the paving

of the highways in and near the city, or to the erection and

embellishment of public buildings. The wooden booths of the butchers,

which stretched along the Forum on both sides, gave way, first on the

Palatine side, then on that also which faced the Carinae, to the stone

stalls of the money-changers; so that this place became the Exchange

of Rome. Statues of the famous men of the past, of the kings, priests,

and heroes of the legendary period, and of the Grecian -hospes- who

was said to have interpreted to the decemvirs the laws of Solon;

honorary columns and monuments dedicated to the great burgomasters who

had conquered the Veientes, the Latins, the Samnites, to state envoys

who had perished while executing their instructions, to rich women

who had bequeathed their property to public objects, nay even to

celebrated Greek philosophers and heroes such as Pythagoras and

Alcibiades, were erected on the Capitol or in the Forum. Thus, now

that the Roman community had become a great power, Rome itself

became a great city.

Silver Standard of Value

Lastly Rome, as head of the Romano-Italian confederacy, not only

entered into the Hellenistic state-system, but also conformed to the

Hellenic system of moneys and coins. Up to this time the different

communities of northern and central Italy, with few exceptions, had

struck only a copper currency; the south Italian towns again

universally had a currency of silver; and there were as many legal

standards and systems of coinage as there were sovereign communities

in Italy. In 485 all these local mints were restricted to the issuing

of small coin; a general standard of currency applicable to all Italy

was introduced, and the coining of the currency was centralized in

Rome; Capua alone continued to retain its own silver coinage struck in

the name of Rome, but after a different standard. The new monetary

system was based on the legal ratio subsisting between the two metals,

as it had long been fixed.(43) The common monetary unit was the piece

of ten -asses- (which were no longer of a pound, but reduced to the

third of a pound), the -denarius-, which weighed in copper 3 1/3 and

in silver 1/72, of a Roman pound, a trifle more than the Attic

--drachma--. At first copper money still predominated in the coinage;

and it is probable that the earliest silver -denarius- was coined

chiefly for Lower Italy and for intercourse with other lands. As the

victory of the Romans over Pyrrhus and Tarentum and the Roman embassy

to Alexandria could not but engage the thoughts of the contemporary

Greek statesman, so the sagacious Greek merchant might well ponder as

he looked on these new Roman drachmae. Their flat, unartistic, and

monotonous stamping appeared poor and insignificant by the side of

the marvellously beautiful contemporary coins of Pyrrhus and the

Siceliots; nevertheless they were by no means, like the barbarian

coins of antiquity, slavishly imitated and unequal in weight and

alloy, but, on the contrary, worthy from the first by their

independent and conscientious execution to be placed on a level

with any Greek coin.

Extension of the Latin Nationality

Thus, when the eye turns from the development of constitutions and

from the national struggles for dominion and for freedom which

agitated Italy, and Rome in particular, from the banishment of the

Tarquinian house to the subjugation of the Samnites and the Italian

Greeks, and rests on those calmer spheres of human existence which

history nevertheless rules and pervades, it everywhere encounters the

reflex influence of the great events, by which the Roman burgesses

burst the bonds of patrician sway, and the rich variety of the

national cultures of Italy gradually perished to enrich a single

people. While the historian may not attempt to follow out the great

course of events into the infinite multiplicity of individual detail,

he does not overstep his province when, laying hold of detached

fragments of scattered tradition, he indicates the most important

changes which during this epoch took place in the national life of

Italy. That in such an inquiry the life of Rome becomes still more

prominent than in the earlier epoch, is not merely the result of the

accidental blanks of our tradition; it was an essential consequence

of the change in the political position of Rome, that the Latin

nationality should more and more cast the other nationalities of Italy

into the shade. We have already pointed to the fact, that at this

epoch the neighbouring lands--southern Etruria, Sabina, the land of

the Volscians, --began to become Romanized, as is attested by the

almost total absence of monuments of the old native dialects, and by

the occurrence of very ancient Roman inscriptions in those regions;

the admission of the Sabines to full burgess-rights at the end of this

period(44) betokens that the Latinizing of Central Italy was already

at that time the conscious aim of Roman policy. The numerous

individual assignations and colonial establishments scattered

throughout Italy were, not only in a military but also in a linguistic

and national point of view, the advanced posts of the Latin stock. The

Latinizing of the Italians was scarcely at this time generally aimed

at; on the contrary, the Roman senate seems to have intentionally

upheld the distinction between the Latin and the other nationalities,

and they did not yet, for example, allow the introduction of Latin

into official use among the half-burgess communities of Campania. The

force of circumstances, however, is stronger than even the strongest

government: the language and customs of the Latin people immediately

shared its predominance in Italy, and already began to undermine

the other Italian nationalities.

Progress of Hellenism in Italy--

Adoption of Greek Habits at the Table

These nationalities were at the same time assailed from another

quarter and by an ascendency resting on another basis--by Hellenism.

This was the period when Hellenism began to become conscious of its

intellectual superiority to the other nations, and to diffuse itself

on every side. Italy did not remain unaffected by it. The most

remarkable phenomenon of this sort is presented by Apulia, which after

the fifth century of Rome gradually laid aside its barbarian dialect

and silently became Hellenized. This change was brought about, as in

Macedonia and Epirus, not by colonization, but by civilization, which

seems to have gone hand in hand with the land commerce of Tarentum; at

least that hypothesis is favoured by the facts, that the districts

of the Poediculi and Daunii who were on friendly terms with the

Tarentines carried out their Hellenization more completely than the

Sallentines who lived nearer to Tarentum but were constantly at feud

with it, and that the towns that were soonest Graecized, such as Arpi,

were not situated on the coast. The stronger influence exerted by

Hellenism over Apulia than over any other Italian region is explained

partly by its position, partly by the slight development of any

national culture of its own, and partly also perhaps by its

nationality presenting a character less alien to the Greek stock than

that of the rest of Italy.(45) We have already called attention(46) to

the fact that the southern Sabellian stocks, although at the outset in

concert with the tyrants of Syracuse they crushed and destroyed the

Hellenism of Magna Graecia, were at the same time affected by contact

and mingling with the Greeks, so that some of them, such as the

Bruttians and Nolans, adopted the Greek language by the side of their

native tongue, and others, such as the Lucanians and a part of the

Campanians, adopted at least Greek writing and Greek manners. Etruria

likewise showed tendencies towards a kindred development in the

remarkable vases which have been discovered(47) belonging to this

period, rivalling those of Campania and Lucania; and though Latium and

Samnium remained more strangers to Hellenism, there were not wanting

there also traces of an incipient and ever-growing influence of Greek

culture. In all branches of the development of Rome during this epoch,

in legislation and coinage, in religion, in the formation of national

legend, we encounter traces of the Greeks; and from the commencement

of the fifth century in particular, in other words, after the conquest

of Campania, the Greek influence on Roman life appears rapidly and

constantly on the increase. In the fourth century occurred the

erection of the "-Graecostasis-"--remarkable in the very form of the

word--a platform in the Roman Forum for eminent Greek strangers and

primarily for the Massiliots.(48) In the following century the annals

began to exhibit Romans of quality with Greek surnames, such as

Philipus or in Roman form Pilipus, Philo, Sophus, Hypsaeus. Greek

customs gained ground: such as the non-Italian practice of placing

inscriptions in honour of the dead on the tomb--of which the epitaph

of Lucius Scipio (consul in 456) is the oldest example known to us;

the fashion, also foreign to the Italians, of erecting without any

decree of the state honorary monuments to ancestors in public places

--a system begun by the great innovator Appius Claudius, when he

caused bronze shields with images and eulogies of his ancestors to be

suspended in the new temple of Bellona (442); the distribution of

branches of palms to the competitors, introduced at the Roman national

festival in 461; above all, the Greek manners and habits at table.

The custom not of sitting as formerly on benches, but of reclining

on sofas, at table; the postponement of the chief meal from noon to

between two and three o'clock in the afternoon according to our mode

of reckoning; the institution of masters of the revels at banquets,

who were appointed from among the guests present, generally by

throwing the dice, and who then prescribed to the company what, how,

and when they should drink; the table-chants sung in succession by the

guests, which, however, in Rome were not -scolia-, but lays in praise

of ancestors--all these were not primitive customs in Rome, but were

borrowed from the Greeks at a very early period, for in Cato's time

these usages were already common and had in fact partly fallen into

disuse again. We must therefore place their introduction in this

period at the latest. A characteristic feature also was the erection

of statues to "the wisest and the bravest Greek" in the Roman Forum,

which took place by command of the Pythian Apollo during the Samnite

wars. The selection fell--evidently under Sicilian or Campanian

influence--on Pythagoras and Alcibiades, the saviour and the Hannibal

of the western Hellenes. The extent to which an acquaintance with

Greek was already diffused in the fifth century among Romans of

quality is shown by the embassies of the Romans to Tarentum--when

their mouthpiece spoke, if not in the purest Greek, at any rate

without an interpreter--and of Cineas to Rome. It scarcely admits

of a doubt that from the fifth century the young Romans who devoted

themselves to state affairs universally acquired a knowledge of what

was then the general language of the world and of diplomacy.

Thus in the intellectual sphere Hellenism made advances quite as

incessant as the efforts of the Romans to subject the earth to their

sway; and the secondary nationalities, such as the Samnite, Celt, and

Etruscan, hard pressed on both sides, were ever losing their inward

vigour as well as narrowing their outward bounds.

Rome and the Romans of This Epoch

When the two great nations, both arrived at the height of their

development, began to mingle in hostile or in friendly contact, their

antagonism of character was at the same time prominently and fully

brought out--the total want of individuality in the Italian and

especially in the Roman character, as contrasted with the boundless

variety, lineal, local, and personal, of Hellenism. There was no epoch

of mightier vigour in the history of Rome than the epoch from the

institution of the republic to the subjugation of Italy. That epoch

laid the foundations of the commonwealth both within and without; it

created a united Italy; it gave birth to the traditional groundwork of

the national law and of the national history; it originated the

-pilum- and the maniple, the construction of roads and of aqueducts,

the farming of estates and the monetary system; it moulded the

she-wolf of the Capitol and designed the Ficoroni casket. But the

individuals, who contributed the several stones to this gigantic

structure and cemented them together, have disappeared without leaving

a trace, and the nations of Italy did not merge into that of Rome more

completely than the single Roman burgess merged in the Roman

community. As the grave closes alike over all whether important or

insignificant, so in the roll of the Roman burgomasters the empty

scion of nobility stands undistinguishable by the side of the great

statesman. Of the few records that have reached us from this period

none is more venerable, and none at the same time more characteristic,

than the epitaph of Lucius Cornelius Scipio, who was consul in 456,

and three years afterwards took part in the decisive battle of

Sentinum.(49) On the beautiful sarcophagus, in noble Doric style,

which eighty years ago still enclosed the dust of the conqueror of the

Samnites, the following sentence is inscribed:--

-Cornelius Lucius--Scipio Barbatus,

Gnaivod patre prognatus, --fortis vir sapiensque,

Quoius forma virtu--tei parisuma fuit,

Consol censor aidilis--quei fuit apud vos,

Taurasia Cisauna--Samnio cepit,

Subigit omne Loucanum--opsidesque abdoucit.-

_-'_-'_-'_||-'_-'_-'_

Innumerable others who had been at the head of the Roman commonwealth,

as well as this Roman statesman and warrior, might be commemorated as

having been of noble birth and of manly beauty, valiant and wise; but

there was no more to record regarding them. It is doubtless not the

mere fault of tradition that no one of these Cornelii, Fabii, Papirii,

or whatever they were called, confronts us in a distinct individual

figure. The senator was supposed to be no worse and no better than

other senators, nor at all to differ from them. It was not necessary

and not desirable that any burgess should surpass the rest, whether by

showy silver plate and Hellenic culture, or by uncommon wisdom and

excellence. Excesses of the former kind were punished by the censor,

and for the latter the constitution gave no scope. The Rome of this

period belonged to no individual; it was necessary for all the

burgesses to be alike, that each of them might be like a king.

Appius Claudius

No doubt, even now Hellenic individual development asserted its claims

by the side of that levelling system; and the genius and force which

it exhibited bear, no less than the tendency to which it opposed

itself, the full stamp of that great age. We can name but a single man

in connection with it; but he was, as it were, the incarnation of the

idea of progress. Appius Claudius (censor 442; consul 447, 458), the

great-great-grandson of the decemvir, was a man of the old nobility

and proud of the long line of his ancestors; but yet it was he who

set aside the restriction which confined the full franchise of the

state to the freeholders,(50) and who broke up the old system of

finance.(51) From Appius Claudius date not only the Roman aqueducts

and highways, but also Roman jurisprudence, eloquence, poetry, and

grammar. The publication of a table of the -legis actiones-, speeches

committed to writing and Pythagorean sentences, and even innovations

in orthography, are attributed to him. We may not on this account call

him absolutely a democrat or include him in that opposition party

which found its champion in Manius Curius;(52) in him on the contrary

the spirit of the ancient and modern patrician kings predominated

--the spirit of the Tarquins and the Caesars, between whom he forms

a connecting link in that five hundred years' interregnum of

extraordinary deeds and ordinary men. So long as Appius Claudius took

an active part in public life, in his official conduct as well as his

general carriage he disregarded laws and customs on all hands with the

hardihood and sauciness of an Athenian; till, after having long

retired from the political stage, the blind old man, returning as it

were from the tomb at the decisive Moment, overcame king Pyrrhus in

the senate, and first formally and solemnly proclaimed the complete

sovereignty of Rome over Italy.(53) But the gifted man came too early

or too late; the gods made him blind on account of his untimely

wisdom. It was not individual genius that ruled in Rome and through

Rome in Italy; it was the one immoveable idea of a policy--propagated

from generation to generation in the senate--with the leading maxims

of which the sons of the senators became already imbued, when in the

company of their fathers they went to the council and there at the

door of the hall listened to the wisdom of the men whose seats they

were destined at some future time to fill. Immense successes were

thus obtained at an immense price; for Nike too is followed by her

Nemesis. In the Roman commonwealth there was no special dependence

on any one man, either on soldier or on general, and under the

rigid discipline of its moral police all the idiosyncrasies of human

character were extinguished. Rome reached a greatness such as no other

state of antiquity attained; but she dearly purchased her greatness at

the sacrifice of the graceful variety, of the easy abandon and of

the inward freedom of Hellenic life.

Notes for Book II Chapter VIII

1. I. XI. Punishment of Offenses against Order

2. II. I. Right of Appeal

3. II. III. The Senate, Its Composition

4. II. I. Law and Edict

5. II. III. Censorship, the Magistrates, Partition and Weakening of

the Consular Powers

6. II. III. Laws Imposing Taxes

7. I. VI. Class of --Metoeci-- Subsisting by the Side of the Community

8. I. V. The Housefather and His Household, note

9. II. III. Praetorship

10. II. III. Praetorship, II. V. Revision of the Municipal

Constitutions, Police Judges

11. The view formerly adopted, that these -tres viri- belonged to the

earliest period, is erroneous, for colleges of magistrates with odd

numbers are foreign to the oldest state-arrangements (Chronol. p. 15,

note 12). Probably the well-accredited account, that they were first

nominated in 465 (Liv. Ep. 11), should simply be retained, and the

otherwise suspicious inference of the falsifier Licinius Macer (in

Liv. vii. 46), which makes mention of them before 450, should be

simply rejected. At first undoubtedly the -tres viri- were nominated

by the superior magistrates, as was the case with most of the later

-magistratus minores-; the Papirian -plebiscitum-, which transferred

the nomination of them to the community (Festus, -v. sacramentum-,

p. 344, Niall.), was at any rate not issued till after the institution

of the office of -praetor peregrinus-, or at the earliest towards the

middle of the sixth century, for it names the praetor -qui inter jus

cives ius dicit-.

12. II. VII. Subject Communities

13. This inference is suggested by what Livy says (ix. 20) as to the

reorganization of the colony of Antium twenty years after it was

founded; and it is self-evident that, while the Romans might very

well impose on the inhabitant of Ostia the duty of settling all his

lawsuits in Rome, the same course could not be followed with townships

like Antium and Sena.

14. II. I. Restrictions on the Delegation of Powers

15. People are in the habit of praising the Romans as a nation

specially privileged in respect to jurisprudence, and of gazing with

wonder on their admirable law as a mystical gift of heaven; presumably

by way of specially excusing themselves for the worthlessness of

their own legal system. A glance at the singularly fluctuating and

undeveloped criminal law of the Romans might show the untenableness

of ideas so confused even to those who may think the proposition too

simple, that a sound people has a sound law, and a morbid people an

unsound. Apart from the more general political conditions on which

jurisprudence also, and indeed jurisprudence especially, depends, the

causes of the excellence of the Roman civil law lie mainly in two

features: first, that the plaintiff and defendant were specially

obliged to explain and embody in due and binding form the grounds of

the demand and of the objection to comply with it; and secondly, that

the Romans appointed a permanent machinery for the edictal development

of their law, and associated it immediately with practice. By the

former the Romans precluded the pettifogging practices of advocates,

by the latter they obviated incapable law-making, so far as such

things can be prevented at all; and by means of both in conjunction

they satisfied, as far as is possible, the two conflicting

requirements, that law shall constantly be fixed, and that it

shall constantly be in accordance with the spirit of the age.

16. II. II. Relation of the Tribune to the Consul

17. V. V. The Hegemony of Rome over Latium Shaken and Re-established

18. Venus probably first appears in the later sense as Aphrodite on

occasion of the dedication of the temple consecrated in this year

(Liv. x. 31; Becker, Topographie, p. 472).

19. II. III. Intrigues of the Nobility

20. I. VI. Organization of the Army

21. II. III. Increasing Powers of the Burgesses

22. I. VI. the Five Classes

23. According to Roman tradition the Romans originally carried

quadrangular shields, after which they borrowed from the Etruscans the

round hoplite shield (-clupeus-, --aspis--), and from the Samnites the

later square shield (-scutum-, --thureos--), and the javelin (-veru-)

(Diodor. Vat. Fr. p. 54; Sallust, Cat. 51, 38; Virgil, Aen. vii. 665;

Festus, Ep. v. Samnites, p. 327, Mull.; and the authorities cited in

Marquardt, Handb. iii. 2, 241). But it may be regarded as certain that

the hoplite shield or, in other words, the tactics of the Doric

phalanx were imitated not from the Etruscans, but directly from the

Hellenes, As to the -scutum-, that large, cylindrical, convex leather

shield must certainly have taken the place of the flat copper

-clupeus-, when the phalanx was broken up into maniples; but the

undoubted derivation of the word from the Greek casts suspicion on the

derivation of the thing itself from the Samnites. From the Greeks the

Romans derived also the sling (-funda- from --sphendone--). (like

-fides- from --sphion--),(I. XV. Earliest Hellenic Influences).

The pilum was considered by the ancients as quite a Roman invention.

24. I. XIII. Landed Proprietors

25. II. III. Combination of the Plebian Aristocracy and the Farmers

against the Nobility

26. Varro (De R. R. i. 2, 9) evidently conceives the author of the

Licinian agrarian law as fanning in person his extensive lands;

although, we may add, the story may easily have been invented to

explain the cognomen (-Stolo-).

27. I. XIII. System of Joint Cultivation

28. I. XIII. Inland Commerce of the Italians

29. I. XIII. Commerce in Latium Passive, in Etruria Active

30. I. XIII. Etrusco-Attic, and Latino-Sicilian Commerce

31. I. XIII. Etrusco-Attic, and Latino-Sicilian Commerce

32. II. IV. Etruria at Peace and on the Decline, II. V. Campanian

Hellenism

33. The conjecture that Novius Flautius, the artist who worked at

this casket for Dindia Macolnia, in Rome, may have been a Campanian,

is refuted by the old Praenestine tomb-stones recently discovered,

on which, among other Macolnii and Plautii, there occurs also a Lucius

Magulnius, son of Haulms (L. Magolnio Pla. f.).

34. I. XIII. Etrusco-Attic, and Latino-Sicilian Commerce, II. II.

Rising Power of the Capitalists

35. II. III. The Burgess Body

36. II. III. The Burgess Body

37. II. III. Laws Imposing Taxes

38. II. III. The Burgess Body

39. II. VII. Construction of New Fortresses and Roads

40. We have already mentioned the censorial stigma attached to Publius

Cornelius Rufinus (consul 464, 477) for his silver plate.(II. VIII.

Police) The strange statement of Fabius (in Strabo, v. p. 228) that

the Romans first became given to luxury (--aisthesthae tou plouton--)

after the conquest of the Sabines, is evidently only a historical

version of the same matter; for the conquest of the Sabines falls in

the first consulate of Rufinus.

41. II. V. Colonizations in the Land of the Volsci

42. II. VI. Last Campaigns in Samnium

43. II. VIII. Inland Intercourse in Italy

44. I. III. Localities of the Oldest Cantons

45. I. II. Iapygians

46. II. V. Campanian Hellenism

47. II. VIII. Transmarine Commerce

48. II. VII. The Full Roman Franchise

49. II. VI. Battle of Sentinum

50. II. III. The Burgess-Body

51. II. VIII. Impulse Given to It

52. II. III. New Opposition

53. II. VII. Attempts at Peace

The History of Rome, Book II From the Abolition of the Monarchy in Rome to the Union of Italy · 第 9 / 10 章