CHAPTER XII

POST-MORTEM

The daggers of Brutus, Cassius, and their allies, on the Ides of

March, 44 B.C., avenged the republic which they were too late to save.

It thus chanced that the details of the new imperial government were

in the main arranged not by Julius Cæsar but by his great-nephew,

Gaius Octavius Cæsar, who succeeded both to the private fortune and

the public office of the usurper. It was, however, only after another

period of civil warfare that the new Cæsar came into his possessions.

The story of this civil war belongs to the history of the Roman empire

rather than to that of the Roman republic, and will be referred to

only briefly. Octavius Cæsar was in Illyricum at the time of the

assassination of his uncle. Hastening to Rome, he found the city

divided into two factions, one led by Brutus and Cassius, composed of

those who desired to restore the republic; and the other, the old

adherents of Cæsar, under the leadership of Mark Antony.

Octavius had perhaps more to fear from the friends of his uncle than

from his assassinators, as the latter, while they would have prevented

him from assuming the political powers of his uncle, would probably

not have opposed his taking possession of the latter's private

fortune; while Mark Antony, who had possession of Cæsar's papers and

money, was probably intending to seize both the powers and property of

Julius Cæsar. Octavius Cæsar, however, was possessed of a fair share

both of his uncle's ability and perfidy, and proved himself more than

a match for all his enemies, both in open warfare and in secret

treachery.

At first Octavius seemed inclined to enter into an alliance with

Cicero and some of the other senators against Antony, but finding that

Cicero sought to restore the republic and could not be used as his

tool, Octavius reached an agreement with Antony, and the two, together

with Lepidus, formed the second triumvirate.

The immediate result of this coalition was another proscription,

recalling the days of Sulla; the condemnation of all the assassinators

of Cæsar by the Senate; and extensive military preparations to

overthrow the armies which they had collected.

The ancient historian Appian of Alexandria thus describes the terrors

of the proscriptions:

"The proscription being published, guards were forthwith

placed at the gates and all the avenues of the city, at the

seaports, and in the marshes, and in all places where there

was any likelihood an unhappy man might shelter himself;

besides, centurions were commanded abroad, to make search in

the country, which was done all at an instant; so that both

within and without the city many persons died suddenly

several kinds of deaths. The streets were filled with the

sad spectacle of heads carrying to the triumvirs, to receive

the reward; and every step some person of quality,

endeavoring to save himself, was met shamefully disguised;

some running down into wells, and others into privies; some

hiding themselves in the tops of the chimneys, or under the

tiles, where they durst not utter a sigh or a groan; for

they stood in more fear of their wives, or children, or

freedmen, or slaves, or debtors, or neighbours that coveted

some of their goods, than of the murderers themselves.

"All private grudges were now discovered; and it was a

strange change to see the prime men of the senate,

consulars, prætors, tribunes, or pretenders to these

dignities cast themselves at the feet of their slaves with

tears in their eyes, begging and caressing them, calling

them their saviours and patrons; and, which is most

deplorable, not to be able with all these submissions to

obtain the least favour. The most pernicious seditions and

cruellest of wars never had anything in them so terrible as

the calamities wherewith the city was now affrighted; for in

war and tumult none but enemies were feared, and domestics

were confided in; whereas now domestics were more dreaded

than enemies, because having no cause to fear for

themselves, as in war or tumult, from familiars they became

of a sudden persecutors; either out of a dissembled hate, or

out of the hope of recompense publicly proposed, or because

of some silver or gold hid in the house; so that no person

found himself secure in his house, servants being ordinarily

more sensible of profit than of the affection they owe to

their masters; and though some might be found faithful and

kind, yet they durst not assist a proscript, nor conceal

him, nor so much as stay with him, for fear of falling into

the same misfortune.

"There was now much more danger than when the seventeen

first proscribed were fallen upon; for then no person being

publicly proscribed when on a sudden they saw some killed,

one man defended another, for fear lest the same should

happen to him. But after the proscription was published

those comprised in it were presently forsaken by all the

world; some that thought themselves secure, having their

minds bent on profit, sought them to deliver them to the

murderers, that they might have the reward; others pillaged

the houses of those that had been killed, and with the

present gain comforted themselves against the public

misery.

"The most prudent and moderate, surprised at a thing so

extraordinary, stood like men astonished, considering that

other cities turmoiled with divisions were re-established by

the concord of their citizens; whereas the Romans, already

afflicted with civil dissensions, completed their ruin by

this reconciliation. Some were killed defending themselves;

others, who thought themselves not condemned, without any

defence; some let themselves die with hunger, or hanged, or

drowned themselves, or threw themselves headlong from the

tops of houses, or cast themselves into the fire, or ran to

meet their murderers; others again sought to protract the

time; and either hid themselves, or begged shamefully, or

fled, or offered money to save their lives. Many likewise

were slain contrary to the intention of the triumvirs,

either by mistake, or out of some particular grudge; but the

bodies of the proscripts might be known from the others,

because they wanted the head, which was cut off, and carried

before the tribunal for orations, where they paid the

reward. On the other side, wonderful examples were to be

seen of the affection of wives, children, brethren and

slaves; who found out a thousand inventions to save their

husbands, fathers, brethren, or masters; died with them when

they were discovered, or killed themselves upon those bodies

they were not able to defend.

"Of those that escaped the proscription, some pursued by

their ill fortune, perished by shipwreck; others saved

beyond all probability, came afterwards to exercise

dignities in the city, to have command of armies and arrive

at the honour of triumph. Such wonderful things were to be

seen in those days which do not happen in an ordinary city,

or in a small kingdom but in the mistress of the world, as

well by sea as land; Providence disposing it so to reduce

things to that excellent order wherein you now see them. Not

but that Rome felt the same miseries under Sulla, and before

him under Marius; and we have in writing of them reported

many actions of cruelty, even to the depriving their enemies

of burial; but what passed under the triumvirs made much

more noise, because of the height of their reputations; and

particularly the valour and good fortune of him, who having

fixed the foundations of this empire, has left it to those

of his race and name, even to this present."

Among those murdered at this time was the greatest of all Roman

orators, Marcus Tullius Cicero.

An interesting incident connected with the raising of the money for

the campaign against Brutus and Cassius was the refusal of the Roman

women at this time to pay their share of the taxes demanded of the

Roman citizens for the support of the armies to be raised against

Brutus and Cassius.

Hortensia, the daughter of a great orator, was their spokesman. The

burden of her plea was that this was a family quarrel, a civil war,

not one for the defense of Rome. "Let war with the Gauls or the

Parthians come," she said, "and we shall not be inferior to our

mothers in zeal for the common safety, but for civil wars may we never

contribute nor even assist you against one another. Why should we pay

taxes, when we have no part in the honors, the commands, the

statecraft for which you contend against one another with such harmful

results?"

The campaign resulted in the complete destruction of all the armies

opposed to the triumvirate, the most decisive battle of the campaign

being that at Philippi. How Antony and Octavius again quarreled after

their common enemy had been overthrown, how the destruction of Antony

resulted from his infatuation for Cleopatra, and how Octavius at

length secured the undisputed rule of the Roman world need not here be

described.

The date of the beginning of the reign of Octavius Cæsar as Emperor of

Rome is generally taken as 31 B.C. Like his predecessor, Octavius

Cæsar endeavored to preserve as far as possible the empty forms of

republican rule.

In the overthrow of the early Roman kingdom the power of the kings had

mainly passed to the consuls, but partially to other officials, and

some of the powers possessed by the early consuls had been gradually

taken away from them and given to other newly created officials, such

as the censors and prætors. For centuries there had been a continued

policy of division of powers; this policy was now suddenly reversed,

and governmental powers of all kinds reunited in a single official.

This was accomplished by conferring upon Octavius Cæsar, for life,

each of the various offices known in the government of the Roman

republic. Octavius Cæsar became life censor, life consul, and life

tribune. The appointment of his colleagues in all these offices was

likewise in his power. The cycle of governmental change had now been

completed, and the Roman emperor possessed all the old powers of the

Roman kings. In the field of legislation it is indeed probable that

the power of the emperor was greater than that of his early

predecessors.

"The old popular assemblies for a period after the

establishment of the Empire still went through the form of

passing acts, which had been prepared by the real governing

power, but in addition to this the Emperor was given the

power of direct legislation by his own authority.

"Laws which owed their force to the authority of the Emperor

were known as Constitutiones and may be divided into four

principal classes, as follows:

"1. Edicts, which were public ordinances, of universal

application throughout the Empire. These had the authority

of laws, inasmuch as they were generally enforced and

applied to all. In the earlier reigns they were frequently

renewed, and they derived their authority from the Emperor

as the prætorian edict did from the prætor. Gradually they

came to be held as permanently binding the real ground of

their permanent force, custom was overlooked, and the

imperial authority was regarded as such ground.

"2. Decrees, which were decisions in judicial cases brought

before the Emperor as final court of appeal. Inasmuch as

they were interpretations of law, they were regarded as

binding upon all courts.

"3. Rescripts, which were decisions upon questions of law

submitted by courts and private persons. They were closely

connected with the pontifical interpretations.

"4. Mandates, which were directions to officials in the

exercise of their offices. These, by repetition in the

various instructions sent out from time to time by the

Emperor, became a source of general law. They were

theoretically in force only during the lifetime of the

Emperor from which they proceeded; but they became of

permanent force because of repetition and custom." (Lee's

_Historical Jurisprudence_.)

There are writers who look with favor upon this establishment of the

Roman empire, just as there are those of the same caliber who, if

some form of a dictatorship should be substituted for our present

republican form of government, would be loudest in their approval of

the change. Dr. Hirschfeld, of the University of Berlin, gives us the

following roseate picture of the benefits which Rome received from the

change:

"The reorganization of the government by Augustus, open to

criticism as it is in many respects, was a blessing to the

Roman empire. The view which prevailed under the republic,

that the provinces had been conquered only to be sucked dry

by senators and knights, governors, and tax-farmers in

league or in rivalry of greed (we have one example out of

hundreds in Verres, condemned to immortality by the

eloquence of Cicero), this view was laid aside with the

advent of the empire, and even if extortion did not wholly

cease in the senatorial provinces, yet the provincial

administration of the first two centuries A.D. is infinitely

superior to the systematic spoliation of the republic. The

governors are no longer masters armed with absolute

authority, constrained to extort money as fast as possible

from the provincials committed to their charge in order to

meet debts contracted by their own extravagance and, more

especially, by that bribery of the populace which was

indispensable to their advancement. They are officials under

strict control, drawing from the government salaries fully

sufficient to their needs. It was a measure imperatively

called for by the altered circumstances of the time and

fraught with most important consequences to create, as

Augustus did, a class of salaried imperial officials and

definitely break with the high-minded but wrong-minded

principle of the republic by which the higher posts were

bestowed as honorary appointments, and none but subordinate

officials were paid, thus branding the latter with the

stigma of servitude.

"It is true that the cautious reformer adopted into his new

system of government the old names and the offices which had

come down from republican times, with the exception of the

censorship and the dictatorship, which last had long been

obsolete. But these were intended from the outset to lead

but a phantom existence and to take no part in the great

task of imperial administration. Augustus drew his own body

of officials from the knightly class, and under the

unpretentious titles of procurator and præfect practically

committed the whole administration of the empire to their

hands, reserving, apart from certain distinguished sinecures

in Rome, and Italy, for the senators the præfecture of the

city, all the great governorships except Egypt, and the

highest commands in the army. The handsome salaries--varying

in the later days of the empire from £600 to £3,600 ($3,000

to $18,000)--and the great influence attached to the

procuratorial career, which opened the way to the lofty

positions of præfect of Egypt and commander of the prætorian

guards at Rome, rendered the service very desirable and

highly esteemed.

"While the high-born magistrates of the republic entered

upon their one year's tenure of office without any training

whatsoever, and were, of course, obliged to rely upon the

knowledge and trustworthiness of the permanent staff of

clerks, recorders and cashiers in their department, there

grew up under the empire a professional class of government

officials who, schooled by years of experience and

continuance in office and supported by a numerous staff

recruited from the imperial freedmen and slaves, were in a

position to cope with the requirements of a world-wide

empire. These procurators, some as governors-in-chief of the

smaller imperial provinces, some as assistants to the

governors of the greater, watched over the interests of the

public exchequer and the emperor's private property, or

looked after the imperial buildings and aqueducts, the

imperial games, the mint, the corn supply of Rome, and the

alimentary institutions, the legacies left to the emperors,

their castles and demesnes in Italy and abroad,--in short,

everything that fell within the vast and ever widening

sphere of imperial government. Meanwhile the exchequer of

the senate dwindled and dwindled, till it finally came to be

merely the exchequer of the city of Rome."

There is scarcely any event which takes place upon this earth which

produces unmixed evil or unmixed good. There is some slight element of

truth in some of the statements of the last quotation. There was some

temporary restraint placed upon the dishonesty and cruelty of the

Roman tax collectors; and there was undoubtedly a permanent

improvement in the ability of the men holding the minor positions

under the Roman government, through the introduction of what may be

called a civil-service system. But the contention that the

establishment of the empire was for the benefit either of the Roman

citizens or of the Roman subjects is too ridiculous to merit even a

denial. To show the ridiculousness of such a statement it is only

necessary to point to the history of the Roman empire during the half

century following the death of Octavius Cæsar. Corrupt as the

administration of the government often was under the republic, and

cruel as were the successful factional leaders on a few occasions,

such conditions as existed in Rome under the emperors Tiberius,

Caligula, and Nero could never have existed under the republic.

The character of the Roman empire was a most anomalous one. In the

history of the empire we find the unparalleled situation of an

absolute despotism without any hereditary nobility and even without

any well-established principle as to the descent of the royal power to

the children of the deceased emperor. Under the most despotic days of

the empire any Roman citizen might rise to any position of power or

dignity under the emperor; nay, more than this, any subject of the

Roman empire, no matter how low his origin or condition in society,

might be thrust, by a lucky turn of the wheel of fortune, into the

imperial purple itself.

The Roman emperors came from every strata of society, and from every

portion of the Roman empire. At different times we see the son of a

slave, a Syrian sun priest, a Dacian peasant, seated in the chair of

the Cæsars; but this state of affairs in no way alleviated or excused

the evils which the empire brought upon its subjects. The exploitation

of the millions at the hands of a favored few is not rendered more

defensible by the fact that any individual has the chance, by

extraordinary ability, extraordinary dishonesty, or extraordinary good

fortune, to raise himself out of the ranks of the exploited into those

of the exploiters.

The history of Rome, therefore, cannot be so perverted as to teach the

lesson which some seem to draw from it, that the substitution of a

despotism for popular rule may, under some circumstances, be a

benefit to the community. It is never by the destruction of liberty

that the evils of popular rule can be eliminated. In the past, in the

present, and in the future, the only remedy for the evils of liberty

is more liberty; and the lesson which should be learned from the fall

of the Roman republic is that any country, where the privileged

classes are suffered to retain their unjust privileges at the expense

of the community, must in the end suffer some such terrible penalty as

that paid by Rome under the tyranny and misrule of the Roman empire.

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