NOTES FOR VOLUME IV

Chapter I

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

2. Italica must have been intended by Scipio to be what was called in Italy forum et -conciliabulum civium Romanorum-; Aquae Sextiae in Gaul had a similar origin afterwards. The formation of transmarine burgess- communities only began at a later date with Carthage and Narbo: yet it is remarkable that Scipio already made a first step, in a certain sense, in that direction.

3. III. VII. Gracchus

4. The chronology of the war with Viriathus is far from being precisely settled. It is certain that the appearance of Viriathus dates from the conflict with Vetilius (Appian, Hisp. 61; Liv. lii.; Oros. v. 4), and that he perished in 615 (Diod. Vat. p. 110, etc.); the duration of his rule is reckoned at eight (Appian, Hisp. 63), ten (Justin, xliv. 2), eleven (Diodorus, p. 597), fifteen (Liv. liv.; Eutrop. iv. 16; Oros. v. 4; Flor. i. 33), and twenty years (Vellei. ii. 90). The first estimate possesses some probability, because the appearance of Viriathus is connected both in Diodorus (p. 591; Vat. p. 107, 108) and in Orosius (v. 4) with the destruction of Corinth. Of the Roman governors, with whom Viriathus fought, several undoubtedly belong to the northern province; for though Viriathus was at work chiefly in the southern, he was not exclusively so (Liv. lii.); consequently we must not calculate the number of the years of his generalship by the number of these names.

5. IV. I. Celtiberian War

6. III. VII. Massinissa

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

8. The line of the coast has been in the course of centuries so much changed that the former local relations are but imperfectly recognizable on the ancient site. The name of the city is preserved by Cape Cartagena—also called from the saint's tomb found there Ras Sidi bu Said—the eastern headland of the peninsula, projecting into the gulf with its highest point rising to 393 feet above the level of the sea.

9. The dimensions given by Beule (Fouilles a Carthage, 1861) are as follows in metres and in Greek feet (1=0.309 metre):—

Outer wall 2 metres = 6 1/2 feet.
Corridor 1.9 " = 6 "
Front wall of casemates 1 " = 3 1/4 "
Casemate rooms 4.2 " = 14 "
Back wall of casemates 1 " = 3 1/4 "
    ————————————Whole breadth of the walls 10.1 metres = 33 feet.

Or, as Diodorus (p. 522) states it, 22 cubits (1 Greek cubit = 1 1/2 feet), while Livy (ap. Oros. iv. 22) and Appian (Pun. 95), who seem to have had before them another less accurate passage of Polybius, state the breadth of the walls at 30 feet. The triple wall of Appian—as to which a false idea has hitherto been diffused by Floras (i. 31)—denotes the outer wall, and the front and back walls of the casemates. That this coincidence is not accidental, and that we have here in reality the remains of the famed walls of Carthage before us, will be evident to every one: the objections of Davis (Carthage and her Remains, p. 370 et seq.) only show how little even the utmost zeal can adduce in opposition to the main results of Beule. Only we must maintain that all the ancient authorities give the statements of which we are now speaking with reference not to the citadel-wall, but to the city-wall on the landward side, of which the wall along the south side of the citadel-hill was an integral part (Oros. iv. 22). In accordance with this view, the excavations at the citadel-hill on the east, north, and west, have shown no traces of fortifications, whereas on the south side they have brought to light the very remains of this great wall. There is no reason for regarding these as the remains of a separate fortification of the citadel distinct from the city wall; it may be presumed that further excavations at a corresponding depth—the foundation of the city wall discovered at the Byrsa lies fifty-six feet beneath the present surface—will bring to light like, or at any rate analogous, foundations along the whole landward side, although it is probable that at the point where the walled suburb of Magalia rested on the main wall the fortification was either weaker from the first or was early neglected. The length of the wall as a whole cannot be stated with precision; but it must have been very considerable, for three hundred elephants were stabled there, and the stores for their fodder and perhaps other spaces also as well as the gates are to be taken into account. It is easy to conceive how the inner city, within the walls of which the Byrsa was included, should, especially by way of contrast to the suburb of Magalia which had its separate circumvallation, be sometimes itself called Byrsa (App. Pun. 117; Nepos, ap. Serv. Aen. i. 368).

10. Such is the height given by Appian, l. c.; Diodorus gives the height, probably inclusive of the battlements, at 40 cubits or 60 feet. The remnant preserved is still from 13 to 16 feet (4-5 metres) high.

11. The rooms of a horse-shoe shape brought to light in excavation have a depth of 14, and a breadth of 11, Greek feet; the width of the entrances is not specified. Whether these dimensions and the proportions of the corridor suffice for our recognizing them as elephants' stalls, remains to be settled by a more accurate investigation. The partition-walls, which separate the apartments, have a thickness of 1.1 metre = 3 1/2 feet.

12. Oros. iv. 22. Fully 2000 paces, or—as Polybius must have said—16 stadia, are=about 3000 metres. The citadel-hill, on which the church of St. Louis now stands, measures at the top about 1400, half-way up about 2600, metres in circumference (Beule, p. 22); for the circumference at the base that estimate will very well suffice.

13. It now bears the fort Goletta.

14. That this Phoenician word signifies a basin excavated in a circular shape, is shown both by Diodorus (iii. 44), and by its being employed by the Greeks to denote a "cup." It thus suits only the inner harbour of Carthage, and in that sense it is used by Strabo (xvii. 2, 14, where it is strictly applied to the admiral's island) and Fest. Ep. v. -cothones-, p. 37. Appian (Pun. 127) is not quite accurate in describing the rectangular harbour in front of the Cothon as part of it.

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

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

17. III. X. Macedonia Broken Up

18. This road was known already by the author of the pseudo- Aristotelian treatise De Mirabilibus as a commercial route between the Adriatic and Black seas, viz. As that along which the wine jars from Corcyra met halfway those from Thasos and Lesbos. Even now it runs substantially in the same direction from Durazzo, cutting through the mountains of Bagora (Candavian chain) near the lake of Ochrida (Lychnitis), by way of Monastir to Salonica.

19. III. X. Greek National Party

20. III. IX. The Achaeans

21. III. IX. The Achaeans

22. At Sabine townships, at Parma, and even at Italica in Spain (p. 214), several pediments marked with the name of Mummius have been brought to light, which once supported gifts forming part of the spoil.

23. III. III. Organization of the Provinces

24. III. VIII. Final Regulation of Greece

25. The question whether Greece did or did not become a Roman province in 608, virtually runs into a dispute about words. It is certain that the Greek communities throughout remained "free" (C. I. Gr. 1543, 15; Caesar, B. C. iii. 5; Appian, Mithr. 58; Zonar. ix. 31). But it is no less certain that Greece was then "taken possession of" by the Romans (Tac. Ann. xiv. 21; 1 Maccab. viii. 9, 10); that thenceforth each community paid a fixed tribute to Rome (Pausan. vii. 16, 6; comp. Cic. De Prov. Cons. 3, 5), the little island of Gyarus, for instance, paying 150 —drachmae— annually (Strabo, x. 485); that the "rods and axes" of the Roman governor thenceforth ruled in Greece (Polyb. xxxviii. l. c.; comp. Cic. Verr. l. i. 21, 55), and that he thenceforth exercised the superintendence over the constitutions of the cities (C. I. Gr. 1543), as well as in certain cases the criminal jurisdiction (C. I. Gr. 1543; Plut. Cim. 2), just as the senate had hitherto done; and that, lastly, the Macedonian provincial era was also in use in Greece. Between these facts there is no inconsistency, or at any rate none further than is involved in the position of the free cities generally, which are spoken of sometimes as if excluded from the province (e. g. Sueton. Cats., 25; Colum. xi. 3, 26), sometimes as assigned to it (e. g. Joseph. Ant. Jud. xiv. 4, 4). The Roman domanial possessions in Greece were, no doubt, restricted to the territory of Corinth and possibly some portions of Euboea (C. I. Gr. 5879), and there were no subjects in the strict sense there at all; yet if we look to the relations practically subsisting between the Greek communities and the Macedonian governor, Greece may be reckoned as included in the province of Macedonia in the same manner as Massilia in the province of Narbo or Dyrrhachium in that of Macedonia. We find even cases that go much further: Cisalpine Gaul consisted after 665 of mere burgess or Latin communities and was yet made a province by Sulla, and in the time of Caesar we meet with regions which consisted exclusively of burgess-communities and yet by no means ceased to be provinces. In these cases the fundamental idea of the Roman -provinicia- comes out very clearly; it was primarily nothing but a "command," and all the administrative and judicial functions of the commandant were originally collateral duties and corollaries of his military position.

On the other hand, if we look to the formal sovereignty of the free communities, it must be granted that the position of Greece was not altered in point of constitutional law by the events of 608. It was a difference de facto rather than de jure, when instead of the Achaean league the individual communities of Achaia now appeared by the side of Rome as tributary protected states, and when, after the erection of Macedonia as a separate Roman province, the latter relieved the authorities of the capital of the superintendence over the Greek client-states. Greece therefore may or may not be regarded as a part of the "command" of Macedonia, according as the practical or the formal point of view preponderates; but the preponderance is justly conceded to the former.

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

27. A remarkable proof of this is found in the names employed to designate the fine bronze and copper wares of Greece, which in the time of Cicero were called indiscriminately "Corinthian" or "Delian" copper. Their designation in Italy was naturally derived not from the places of manufacture but from those of export (Plin. H. N. xxxiv. 2, 9); although, of course, we do not mean to deny that similar vases were manufactured in Corinth and Delos themselves.

28. III. X. Course Pursued with Pergamus

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

30. III. X. Course Pursued with Pergamus

31. Several letters recently brought to light (Munchener Sitzungsberichte, 1860, p. 180 et seq.) from the kings Eumenes II, and Attalus II to the priest of Pessinus, who was uniformly called Attis (comp. Polyb. xxii. 20), very clearly illustrate these relations. The earliest of these and the only one with a date, written in the 34th year of the reign of Eumenes on the 7th day before the end of Gorpiaeus, and therefore in 590-1 u. c. offers to the priest military aid in order to wrest from the Pesongi (not otherwise known) temple-land occupied by them. The following, likewise from Eumenes, exhibits the king as a party in the feud between the priest of Pessinus and his brother Aiorix. Beyond doubt both acts of Eumenes were included among those which were reported at Rome in 590 et seq. as attempts on his part to interfere further in Gallic affairs, and to support his partisans in that quarter (Polyb. xxxi. 6, 9; xxxii. 3, 5). On the other hand it is plain from one of the letters of his successor Attalus that the times had changed and his wishes had lowered their tone. The priest Attis appears to have at a conference at Apamea obtained once more from Attalus the promise of armed assistance; but afterwards the king writes to him that in a state council held for the purpose, at which Athenaeus (certainly the known brother of the king), Sosander, Menogenes, Chlorus, and other relatives (—anagkaioi—) had been present, after long hesitation the majority had at length acceded to the opinion of Chlorus that nothing should be done without previously consulting the Romans; for, even if a success were obtained, they would expose themselves to its being lost again, and to the evil suspicion "which they had cherished also against his brother" (Eumenes II.).

32. In the same testament the king gave to his city Pergamus "freedom," that is the —demokratia—, urban self-government. According to the tenor of a remarkable document that has recently been found there (Staatsrecht, iii(3). p. 726) after the testament was opened, but before its confirmation by the Romans, the Demos thus constituted resolved to confer urban burgess-rights on the classes of the population hitherto excluded from them, especially on the -paroeci- entered in the census and on the soldiers dwelling in town and country, including the Macedonians, in order thus to bring about a good understanding among the whole population. Evidently the burgesses, in confronting the Romans with this comprehensive reconciliation as an accomplished fact, desired, before the Roman rule was properly introduced, to prepare themselves against it and to take away from the foreign rulers the possibility of using the differences of rights within the population for breaking up its municipal freedom.

33. These strange "Heliopolites" may, according to the probable opinion which a friend has expressed to me, be accounted for by supposing that the liberated slaves constituted themselves citizens of a town Heliopolis—not otherwise mentioned or perhaps having an existence merely in imagination for the moment—which derived its name from the God of the Sun so highly honoured in Syria.

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

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

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

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

38. III. IX. Armenia

39. From him proceed the coins with the inscription "Shekel Israel," and the date of the "holy Jerusalem," or the "deliverance of Sion." The similar coins with the name of Simon, the prince (Nessi) of Israel, belong not to him, but to Bar-Cochba the leader of the insurgents in the time of Hadrian.

40. III. III. Illyrian Piracy

41. IV. I. New Organization of Spain

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

Chapter II

1. In 537 the law restricting re-election to the consulship was suspended during the continuance of the war in Italy, that is, down to 551 (p. 14; Liv. xxvii. 6). But after the death of Marcellus in 546 re-elections to the consulship, if we do not include the abdicating consuls of 592, only occurred in the years 547, 554, 560, 579, 585, 586, 591, 596, 599, 602; consequently not oftener in those fifty-six years than, for instance, in the ten years 401-410. Only one of these, and that the very last, took place in violation of the ten years' interval (i. 402); and beyond doubt the singular election of Marcus Marcellus who was consul in 588 and 599 to a third consulship in 602, with the special circumstances of which we are not acquainted, gave occasion to the law prohibiting re-election to the consulship altogether (Liv. Ep. 56); especially as this proposal must have been introduced before 605, seeing that it was supported by Cato (p. 55, Jordan).

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

3. III. XI. Festivals

4. IV. I. General Results

5. III. XII. Results

6. I. XIII. Landed Proprietors

7. It was asserted even then, that the human race in that quarter was pre-eminently fitted for slavery by its especial power of endurance. Plautus (Trin. 542) commends the Syrians: -genus quod patientissitmum est hominum-.

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

9. III. XII. Pastoral Husbandry

10. III. I. The Carthaginian Dominion in Africa

11. The hybrid Greek name for the workhouse (-ergastulum-, from —ergaszomai—, after the analogy of -stabulum-, -operculum-) is an indication that this mode of management came to the Romans from a region where the Greek language was used, but at a period when a thorough Hellenic culture was not yet attained.

12. III. VI. Guerilla War in Sicily

13. III. XII. Falling Off in the Population

14. IV. I. War against Aristonicus

15. IV. I. Cilicia

16. Even now there are not unfrequently found in front of Castrogiovanni, at the point where the ascent is least abrupt, Roman projectiles with the name of the consul of 621: L. Piso L. f. cos.

17. II. III. Licinio-Sextian Laws

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

19. II. III. Influence of the Extension of the Roman Dominion in Elevating the Farmer-Class

20. III. XI. Assignations of Land

21. II. II. Public Land

22. III. XII. Falling Off of the Population

23. IV. II. Permanent Criminal Commissions

24. III. XI. Position of the Governors

25. III. IX. Death of Scipio

26. III. XI. Reform of the Centuries

27. III. VII. Gracchus

28. IV. I. War against Aristonicus

29. IV. I. Mancinus

30. II. III. Licinio-Sextian Laws

31. II. III. Its Influence in Legislation

32. IV. I. War against Aristonicus

33. II. III. Attempts at Counter-Revolution

34. This fact, hitherto only partially known from Cicero (De L. Agr. ii. 31. 82; comp. Liv. xlii. 2, 19), is now more fully established by the fragments of Licinianus, p. 4. The two accounts are to be combined to this effect, that Lentulus ejected the possessors in consideration of a compensatory sum fixed by him, but accomplished nothing with real landowners, as he was not entitled to dispossess them and they would not consent to sell.

35. II. II. Agrarian Law of Spurius Cassius

36. III. XI. Rise of A City Rabble

37. III. IX. Nullity of the Comitia

Chapter III

1. IV. I. War against Aristonicus

2. IV. II. Ideas of Reform

3. III. VI. The African Expedition of Scipio

4. To this occasion belongs his oration -contra legem iudiciariam- Ti. Gracchi—which we are to understand as referring not, as has been asserted, to a law as to the -indicia publica-, but to the supplementary law annexed to his agrarian rogation: -ut triumviri iudicarent-, qua publicus ager, qua privatus esset (Liv. Ep. lviii.; see IV. II. Tribunate of Gracchus above).

5. IV. II. Vote by Ballot

6. The restriction, that the continuance should only be allowable if there was a want of other qualified candidates (Appian, B. C. i. 21), was not difficult of evasion. The law itself seems not to have belonged to the older regulations (Staatsrecht, i. 473), but to have been introduced for the first time by the Gracchans.

7. Such are the words spoken on the announcement of his projects of law:—"If I were to speak to you and ask of you—seeing that I am of noble descent and have lost my brother on your account, and that there is now no survivor of the descendants of Publius Africanus and Tiberius Gracchus excepting only myself and a boy—to allow me to take rest for the present, in order that our stock may not be extirpated and that an offset of this family may still survive; you would perhaps readily grant me such a request."

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

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

10. III. XII. Prices of Italian Corn

11. III. XI. Reform of the Centuries

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

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

14. Thus the statement of Appian (Hisp. 78) that six years' service entitled a man to demand his discharge, may perhaps be reconciled with the better known statement of Polybius (vi. 19), respecting which Marquardt (Handbuch, vi. 381) has formed a correct judgment. The time, at which the two alterations were introduced, cannot be determined further, than that the first was probably in existence as early as 603 (Nitzsch, Gracchen, p. 231), and the second certainly as early as the time of Polybius. That Gracchus reduced the number of the legal years of service, seems to follow from Asconius in Cornel, p. 68; comp. Plutarch, Ti. Gracch. 16; Dio, Fr. 83, 7, Bekk.

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

16. III. XII. Moneyed Aristocracy

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

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

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

20. IV. I. Western Asia

21. That he, and not Tiberius, was the author of this law, now appears from Fronto in the letters to Verus, init. Comp. Gracchus ap. Gell. xi. 10; Cic. de. Rep. iii. 29, and Verr. iii. 6, 12; Vellei. ii. 6.

22. IV. III. Modifications of the Penal Law

23. We still possess a great portion of the new judicial ordinance— primarily occasioned by this alteration in the personnel of the judges— for the standing commission regarding extortion; it is known under the name of the Servilian, or rather Acilian, law -de repetundis-.

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

25. A considerable fragment of a speech of Gracchus, still extant, relates to this trafficking about the possession of Phrygia, which after the annexation of the kingdom of Attalus was offered for sale by Manius Aquillius to the kings of Bithynia and of Pontus, and was bought by the latter as the highest bidder.(p. 280) In this speech he observes that no senator troubled himself about public affairs for nothing, and adds that with reference to the law under discussion (as to the bestowal of Phrygia on king Mithradates) the senate was divisible into three classes, viz. Those who were in favour of it, those who were against it, and those who were silent: that the first were bribed by kingMithra dates, the second by king Nicomedes, while the third were the most cunning, for they accepted money from the envoys of both kings and made each party believe that they were silent in its interest.

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

27. IV. II. Tribunate of Gracchus

28. II. II. Legislation

29. II. III. Political Abolition of the Patriciate

Chapter IV

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

2. IV. II. Tribunate of Gracchus

3. It is in great part still extant and known under the erroneous name, which has now been handed down for three hundred years, of the Thorian agrarian law.

4. II. VII. Attempts at Peace

5. II. VII. Attempts at Peace

6. This is apparent, as is well known, from the further course of events. In opposition to this view stress has been laid on the fact that in Valerius Maximus, vi. 9, 13, Quintus Caepio is called patron of the senate; but on the one hand this does not prove enough, and on the other hand what is there narrated does not at all suit the consul of 648, so that there must be an error either in the name or in the facts reported.

7. It is assumed in many quarters that the establishment of the province of Cilicia only took place after the Cilician expedition of Publius Servilius in 676 et seq., but erroneously; for as early as 662 we find Sulla (Appian, Mithr. 57; B. C. i. 77; Victor, 75), and in 674, 675, Gnaeus Dolabella (Cic. Verr. i. 1, 16, 44) as governors of Cilicia—which leaves no alternative but to place the establishment of the province in 652. This view is further supported by the fact that at this time the expeditions of the Romans against the corsairs—e. g. the Balearic, Ligurian, and Dalmatian expeditions—appear to have been regularly directed to the occupation of the points of the coast whence piracy issued; and this was natural, for, as the Romans had no standing fleet, the only means of effectually checking piracy was the occupation of the coasts. It is to be remembered, moreover, that the idea of a -provincia- did not absolutely involve possession of the country, but in itself implied no more than an independent military command; it is very possible, that the Romans in the first instance occupied nothing in this rugged country save stations for their vessels and troops.

The plain of eastern Cilicia remained down to the war against Tigranes attached to the Syrian empire (Appian, Syr. 48); the districts to the north of the Taurus formerly reckoned as belonging to Cilicia— Cappadocian Cilicia, as it was called, and Cataonia—belonged to Cappadocia, the former from the time of the breaking up of the kingdom of Attalus (Justin, xxxvii. 1; see above, IV. I. War against Aristonicus), the latter probably even from the time of the peace with Antiochus.

8. IV. II. Insurrections of the Slaves

9. III. VII. Numidians

10. IV. I The Siege

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

Massinissa 516-605 (238-149) ——————————————————————————— Micipsa Gulussa Mastanabal d. 636 d. bef. 636 d. bef. 636 (118) (118) (118) —————————————— ———- ——————————- Adherbal Hiempsal I Micipsa Massiva Gauda Jugurtha d. 642 d. c. 637 (Diod. d. 643 d.bef. 666 d. 650 (112) (117) p. 607) (111) (88) (104) —————- ———- Hiempsal II Oxyntas ——— Juba I ———- Juba II

12. In the exciting and clever description of this war by Sallust the chronology has been unduly neglected. The war terminated in the summer of 649 (c. 114); if therefore Marius began his management of the war as consul in 647, he held the command there in three campaigns. But the narrative describes only two, and rightly so. For, just as Metellus to all appearance went to Africa as early as 645, but, since he arrived late (c. 37, 44), and the reorganization of the army cost time (c. 44), only began his operations in the following year, in like manner Marius, who was likewise detained for a considerable time in Italy by his military preparations (c. 84), entered on the chief command either as consul in 647 late in the season and after the close of the campaign, or only as proconsul in 648; so that the two campaigns of Metellus thus fall in 646, 647, and those of Marius in 648, 649. It is in keeping with this that Metellus did not triumph till the year 648 (Eph. epigr. iv. p. 277). With this view the circumstance also very well accords, that the battle on the Muthul and the siege of Zama must, from the relation in which they stand to Marius' candidature for the consulship, be necessarily placed in 646. In no case can the author be pronounced free from inaccuracies; Marius, for instance, is even spoken of by him as consul in 649.

The prolongation of the command of Metellus, which Sallust reports (lxii. 10), can in accordance with the place at which it stands only refer to the year 647; when in the summer of 646 on the footing of the Sempronian law the provinces of the consuls to be elected for 647 were to be fixed, the senate destined two other provinces and thus left Numidia to Metellus. This resolve of the senate was overturned by the plebiscitum mentioned at lxxii. 7. The following words which are transmitted to us defectively in the best manuscripts of both families, -sed paulo… decreverat; ea res frustra fuit,- must either have named the provinces destined for the consuls by the senate, possibly -sed paulo [ante ut consulibus Italia et Gallia provinciae essent senatus] decreverat- or have run according to the way of filling up the passage in the ordinary manuscripts; -sed paulo [ante senatus Metello Numidiam] decreverat-.

13. Now Beja on the Mejerdah.

14. The locality has not been discovered. The earlier supposition that Thelepte (near Feriana, to the northward of Capsa) was meant, is arbitrary; and the identification with a locality still at the present day named Thala to the east of Capsa is not duly made out.

15. Sallust's political genre-painting of the Jugurthine war—the only picture that has preserved its colours fresh in the otherwise utterly faded and blanched tradition of this epoch—closes with the fall of Jugurtha, faithful to its style of composition, poetical, not historical; nor does there elsewhere exist any connected account of the treatment of the Numidian kingdom. That Gauda became Jugurtha's successor is indicated by Sallust, c. 65 and Dio. Fr. 79, 4, Bekk., and confirmed by an inscription of Carthagena (Orell. 630), which calls him king and father of Hiempsal II. That on the east the frontier relations subsisting between Numidia on the one hand and Roman Africa and Cyrene on the other remained unchanged, is shown by Caesar (B. C. ii. 38; B. Afr. 43, 77) and by the later provincial constitution. On the other hand the nature of the case implied, and Sallust (c. 97, 102, 111) indicates, that the kingdom of Bocchus was considerably enlarged; with which is undoubtedly connected the fact, that Mauretania, originally restricted to the region of Tingis (Morocco), afterwards extended to the region of Caesarea (province of Algiers) and to that of Sitifis (western half of the province of Constantine). As Mauretania was twice enlarged by the Romans, first in 649 after the surrender of Jugurtha, and then in 708 after the breaking up of the Numidian kingdom, it is probable that the region of Caesarea was added on the first, and that of Sitifis on the second augmentation.

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

Chapter V

1. If Cicero has not allowed himself to fall into an anachronism when he makes Africanus say this as early as 625 (de Rep. iii. 9), the view indicated in the text remains perhaps the only possible one. This enactment did not refer to Northern Italy and Liguria, as the cultivation of the vine by the Genuates in 637 (III. XII. Culture Of Oil and Wine, and Rearing of Cattle, note) proves; and as little to the immediate territory of Massilia (Just. xliii 4; Posidon. Fr. 25, Mull.; Strabo, iv. 179). The large export of wine and oil from Italy to the region of the Rhone in the seventh century of the city is well known.

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

3. The battle at Vindalium is placed by the epitomator of Livy and by Orosius before that on the Isara; but the reverse order is supported by Floras and Strabo (iv. 191), and is confirmed partly by the circumstance that Maximus, according to the epitome of Livy and Pliny, H. N. vii. 50, conquered the Gauls when consul, partly and especially by the Capitoline Fasti, according to which Maximus not only triumphed before Ahenobarbus, but the former triumphed over the Allobroges and the king of the Arverni, the latter only over the Arverni. It is clear that the battle with the Allobroges and Arverni must have taken place earlier than that with the Arverni alone.

4. Aquae was not a colony, as Livy says (Ep. 61), but a -castellum- (Strabo, iv. 180; Velleius, i. 15; Madvig, Opusc. i. 303). The same holds true of Italica (p. 214), and of many other places—Vindonissa, for instance, never was in law anything else than a Celtic village, but was withal a fortified Roman camp, and a township of very considerable importance.

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

6. III. III. Expedition against Scodra

7. III. III. Impression in Greece and Macedonia

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

9. IV. I. Province of Macedonia. the Pirustae in the valleys of the Drin belonged to the province of Macedonia, but made forays into the neighbouring Illyricum (Caesar, B. G. v. 1).

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

11. "The Helvetii dwelt," Tacitus says (Germ. 28), "between the Hercynian Forest (i. e. here probably the Rauhe Alp), the Rhine, and the Main; the Boii farther on." Posidonius also (ap. Strab. vii. 293) states that the Boii, at the time when they repulsed the Cimbri, inhabited the Hercynian Forest, i. e. the mountains from the Rauhe Alp to the Bohmerwald The circumstance that Caesar transplants them "beyond the Rhine" (B. G. i. 5) is by no means inconsistent with this, for, as he there speaks from the Helvetian point of view, he may very well mean the country to the north-east of the lake of Constance; which quite accords with the fact, that Strabo (vii. 292) describes the former Boian country as bordering on the lake of Constance, except that he is not quite accurate in naming along with them the Vindelici as dwelling by the lake of Constance, for the latter only established themselves there after the Boii had evacuated these districts. From these seats of theirs the Boii were dispossessed by the Marcomani and other Germanic tribes even before the time of Posidonius, consequently before 650; detached portions of them in Caesar's time roamed about in Carinthia (B. G. i. 5), and came thence to the Helvetii and into western Gaul; another swarm found new settlements on the Plattensee, where it was annihilated by the Getae; but the district—the "Boian desert," as it was called—preserved the name of this the most harassed of all the Celtic peoples (III. VII. Colonizing of The Region South of The Po, note).

12. They are called in the Triumphal Fasti -Galli Karni-; and in Victor -Ligures Taurisci- (for such should be the reading instead of the received -Ligures et Caurisci-).

13. The quaestor of Macedonia M. Annius P. f., to whom the town of Lete (Aivati four leagues to the north-west of Thessalonica) erected in the year 29 of the province and 636 of the city this memorial stone (Dittenberger, Syll. 247), is not otherwise known; the praetor Sex. Pompeius whose fall is mentioned in it can be no other than the grandfather of the Pompeius with whom Caesar fought and the brother-in- law of the poet Lucilius. The enemy are designated as —Galaton ethnos—. It is brought into prominence that Annius in order to spare the provincials omitted to call out their contingents and repelled the barbarians with the Roman troops alone. To all appearance Macedonia even at that time required a de facto standing Roman garrison.

14. If Quintus Fabius Maximus Eburnus consul in 638 went to Macedonia (C. I. Gr. 1534; Zumpt, Comm. Epigr. ii. 167), he too must have suffered a misfortune there, since Cicero, in Pison. 16, 38, says: -ex (Macedonia) aliquot praetorio imperio, consulari quidem nemo rediit, qui incolumis fuerit, quin triumpharit-; for the triumphal list, which is complete for this epoch, knows only the three Macedonian triumphs of Metellus in 643, of Drusus in 644, and of Minucius in 648.

15. As, according to Frontinus (ii. 43), Velleius and Eutropius, the tribe conquered by Minucius was the Scordisci, it can only be through an error on the part of Florus that he mentions the Hebrus (the Maritza) instead of the Margus (Morava).

16. This annihilation of the Scordisci, while the Maedi and Dardani were admitted to treaty, is reported by Appian (Illyr. 5), and in fact thence forth the Scordisci disappear from this region. If the final subjugation took place in the 32nd year —apo teis proteis es Keltous peiras—, it would seem that this must be understood of a thirty-two years' war between the Romans and the Scordisci, the commencement of which presumably falls not long after the constituting of the province of Macedonia (608) and of which the incidents in arms above recorded, 636-647, are a part. It is obvious from Appian's narrative that the conquest ensued shortly before the outbreak of the Italian civil wars, and so probably at the latest in 663. It falls between 650 and 656, if a triumph followed it, for the triumphal list before and after is complete; it is possible however that for some reason there was no triumph. The victor is not further known; perhaps it was no other than the consul of the year 671; since the latter may well have been late in attaining the consulate in consequence of the Cinnan-Marian troubles.

17. The account that large tracts on the coasts of the North Sea had been torn away by inundations, and that this had occasioned the migration of the Cimbri in a body (Strabo, vii. 293), does not indeed appear to us fabulous, as it seemed to those who recorded it; but whether it was based on tradition or on conjecture, cannot be decided.

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

19. IV. III. Modifications of the Penal Law

20. The usual hypothesis, that the Tougeni and Tigorini had advanced at the same time with the Cimbri into Gaul, cannot be supported by Strabo (vii. 293), and is little in harmony with the separate part acted by the Helvetii. Our traditional accounts of this war are, besides, so fragmentary that, just as in the case of the Samnite wars, a connected historical narration can only lay claim to approximate accuracy.

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

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

23. The deposition from office of the proconsul Caepio, with which was combined the confiscation of his property (Liv. Ep. 67), was probably pronounced by the assembly of the people immediately after the battle of Arausio (6th October 649). That some time elapsed between the deposition and his proper downfall, is clearly shown by the proposal made in 650, and aimed at Caepio, that deposition from office should involve the forfeiture of a seat in the senate (Asconius in Cornel, p. 78). The fragments of Licinianus (p. 10; -Cn. Manilius ob eandem causam quam et Caepio L. Saturnini rogatione e civitate est cito [?] eiectus-; which clears up the allusion in Cic. de Or. ii. 28, 125) now inform us that a law proposed by Lucius Appuleius Saturninus brought about this catastrophe. This is evidently no other than the Appuleian law as to the -minuta maiestas- of the Roman state (Cic. de Or. ii. 25, 107; 49, 201), or, as its tenor was already formerly explained (ii. p. 143 of the first edition [of the German]), the proposal of Saturninus for the appointment of an extraordinary commission to investigate the treasons that had taken place during the Cimbrian troubles. The commission of inquiry as to the gold of Tolosa (Cic. de N. D. iii. 30, 74) arose in quite a similar way out of the Appuleian law, as the special courts of inquiry—further mentioned in that passage—as to a scandalous bribery of judges out of the Mucian law of 613, as to the occurrences with the Vestals out of the Peducaean law of 641, and as to the Jugurthine war out of the Mamilian law of 644. A comparison of these cases also shows that in such special commissions—different in this respect from the ordinary ones—even punishments affecting life and limb might be and were inflicted. If elsewhere the tribune of the people, Gaius Norbanus, is named as the person who set agoing the proceedings against Caepio and was afterwards brought to trial for doing so (Cic. de Or. ii. 40, 167; 48, 199; 49, 200; Or. Part. 30, 105, et al.), this is not inconsistent with the view given above; for the proposal proceeded as usual from several tribunes of the people (ad Herenn. i. 14, 24; Cic. de Or. ii. 47, 197), and, as Saturninus was already dead when the aristocratic party was in a position to think of retaliation, they fastened on his colleague. As to the period of this second and final condemnation of Caepio, the usual very inconsiderate hypothesis, which places it in 659, ten years after the battle of Arausio, has been already rejected. It rests simply on the fact that Crassus when consul, consequently in 659, spoke in favour of Caepio (Cic. Brut. 44, 162); which, however, he manifestly did not as his advocate, but on the occasion when Norbanus was brought to account by Publius Sulpicius Rufus for his conduct toward Caepio in 659. Formerly the year 650 was assumed for this second accusation; now that we know that it originated from a proposal of Saturninus, we can only hesitate between 651, when he was tribune of the people for the first time (Plutarch, Mar. 14; Oros, v. 17; App. i. 28; Diodor. p. 608, 631), and 654, when he held that office a second time. There are not materials for deciding the point with entire certainty, but the great preponderance of probability is in favour of the former year; partly because it was nearer to the disastrous events in Gaul, partly because in the tolerably full accounts of the second tribunate of Saturninus there is no mention of Quintus Caepio the father and the acts of violence directed against him. The circumstance, that the sums paid back to the treasury in consequence of the verdicts as to the embezzlement of the Tolosan booty were claimed by Saturninus in his second tribunate for his schemes of colonization (De Viris Ill. 73, 5, and thereon Orelli, Ind. Legg. p. 137), is not in itself decisive, and may, moreover, have been easily transferred by mistake from the first African to the second general agrarian law of Saturninus.

The fact that afterwards, when Norbanus was impeached, his impeachment proceeded on the very ground of the law which he had taken part in suggesting, was an ironical incident common in the Roman political procedure of this period (Cic. Brut. 89, 305) and should not mislead us into the belief that the Appuleian law was, like the later Cornelian, a general law of high treason.

24. The view here presented rests in the main on the comparatively trustworthy account in the Epitome of Livy (where we should read -reversi in Gallium in Vellocassis se Teutonis coniunxerunt) and in Obsequens; to the disregard of authorities of lesser weight, which make the Teutones appear by the side of the Cimbri at an earlier date, some of them, such as Appian, Celt. 13, even as early as the battle of Noreia. With these we connect the notices in Caesar (B. G. i. 33; ii. 4, 29); as the invasion of the Roman province and of Italy by the Cimbri can only mean the expedition of 652.

25. It is injudicious to deviate from the traditional account and to transfer the field of battle to Verona: in so doing the fact is overlooked that a whole winter and various movements of troops intervened between the conflicts on the Adige and the decisive engagement, and that Catulus, according to express statement (Plut. Mar. 24), had retreated as far as the right bank of the Po. The statements that the Cimbri were defeated on the Po (Hier. Chron.), and that they were defeated where Stilicho afterwards defeated the Getae, i. e. at Cherasco on the Tanaro, although both inaccurate, point at least to Vercellae much rather than to Verona.

Chapter VI

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

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

3. III. XI. Reforms in the Military Service

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

5. IV. IV. Treaty between Rome and Numidia

6. IV. V. Warfare of Prosecutions

7. It is not possible to distinguish exactly what belongs to the first and what to the second tribunate of Saturninus; the more especially, as in both he evidently followed out the same Gracchan tendencies. The African agrarian law is definitely placed by the treatise De Viris Ill. 73, 1 in 651; and this date accords with the termination, which had taken place just shortly before, of the Jugurthine war. The second agrarian law belongs beyond doubt to 654. The treason-law and the corn- law have been only conjecturally placed, the former in 651 (p. 442 note), the latter in 654.

8. All indications point to this conclusion. The elder Quintus Caepio was consul in 648, the younger quaestor in 651 or 654, the former consequently was born about or before 605, the latter about 624 or 627. The fact that the former died without leaving sons (Strabo, iv. 188) is not inconsistent with this view, for the younger Caepio fell in 664, and the elder, who ended his life in exile at Smyrna, may very well have survived him.

9. IV. IV. Treaty between Rome and Numidia

10. IV. V. Warfare of Prosecutions

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

12. IV. V. And Reach the Danube

13. IV. IV. Administration under the Restoration

14. IV. VI. Collision between the Senate and Equites in the Administration of the Provinces

Chapter VII

1. IV. III. Modifications of the Penal Law

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

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

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

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

6. IV. III. Democratic Agitation under Carbo and Flaccus, IV. III. Overthrow of Gracchus

7. These figures are taken from the numbers of the census of 639 and 684; there were in the former year 394, 336 burgesses capable of bearing arms, in the latter 910,000 (according to Phlegon Fr. 12 Mull., which statement Clinton and his copyists erroneously refer to the census of 668; according to Liv. Ep. 98 the number was—by the correct reading— 900,000 persons). The only figures known between these two—those of the census of 668, which according to Hieronymus gave 463,000 persons— probably turned out so low only because the census took place amidst the crisis of the revolution. As an increase of the population of Italy is not conceivable in the period from 639 to 684, and even the Sullan assignations of land can at the most have but filled the gaps which the war had made, the surplus of fully 500,000 men capable of bearing arms may be referred with certainty to the reception of the allies which had taken place in the interval. But it is possible, and even probable, that in these fateful years the total amount of the Italian population may have retrograded rather than advanced: if we reckon the total deficit at 100,000 men capable of bearing arms, which seems not excessive, there were at the time of the Social War in Italy three non- burgesses for two burgesses.

8. The form of oath is preserved (in Diodor. Vat. p. 116); it runs thus: "I swear by the Capitoline Jupiter and by the Roman Vesta and by the hereditary Mars and by the generative Sun and by the nourishing Earth and by the divine founders and enlargers (the Penates) of the City of Rome, that he shall be my friend and he shall be my foe who is friend or foe to Drusus; also that I will spare neither mine own life nor the life of my children or of my parents, except in so far as it is for the good of Drusus and those who share this oath. But if I should become a burgess by the law of Drusus, I will esteem Rome as my home and Drusus as the greatest of my benefactors. I shall tender this oath to as many of my fellow-citizens as I can; and if I swear truly, may it fare with me well; if I swear falsely, may it fare with me ill." But we shall do well to employ this account with caution; it is derived either from the speeches delivered against Drusus by Philippus (which seems to be indicated by the absurd title "oath of Philippus" prefixed by the extractor of the formula) or at best from the documents of criminal procedure subsequently drawn up respecting this conspiracy in Rome; and even on the latter hypothesis it remains questionable, whether this form of oath was elicited from the accused or imputed to them in the inquiry.

9. II. VII. Dissolution of National Leagues

10. IV. VI. Discussions on the Livian Laws

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

12. Even from our scanty information, the best part of which is given by Diodorus, p. 538 and Strabo, v. 4, 2, this is very distinctly apparent; for example, the latter expressly says that the burgess-body chose the magistrates. That the senate of Italia was meant to be formed in another manner and to have different powers from that of Rome, has been asserted, but has not been proved. Of course in its first composition care would be taken to have a representation in some degree uniform of the insurgent cities; but that the senators were to be regularly deputed by the communities, is nowhere stated. As little does the commission given to the senate to draw up a constitution exclude its promulgation by the magistrates and ratification by the assembly of the people.

13. The bullets found at Asculum show that the Gauls were very numerousalso in the army of Strabo.

14. We still have a decree of the Roman senate of 22 May 676, which grants honours and advantages on their discharge to three Greek ship- captains of Carystus, Clazomenae, and Miletus for faithful services renderedsince the commencement of the Italian war (664). Of the same nature is the account of Memnon, that two triremes were summoned from Heraclea on the Black Sea for the Italian war, and that they returned in the eleventh year with rich honorary gifts.

15. That this statement of Appian is not exaggerated, is shown by the bullets found at Asculum which name among others the fifteenth legion.

16. The Julian law must have been passed in the last months of 664, for during the good season of the year Caesar was in the field; the Plautian was probably passed, as was ordinarily the rule with tribunician proposals, immediately after the tribunes entered on office, consequently in Dec. 664 or Jan. 665.

17. Leaden bullets with the name of the legion which threw them, and sometimes with curses against the "runaway slaves"—and accordingly Roman—or with the inscription "hit the Picentes" or "hit Pompeius"— the former Roman, the latter Italian—are even now sometimes found, belonging to that period, in the region of Ascoli.

18. The rare -denarii- with -Safinim- and -G. Mutil- in Oscan characters must belong to this period; for, as long as the designation -Italia- was retained by the insurgents, no single canton could, as a sovereign power, coin money with its own name.

19. I. VII. Servian Wall

20. Licinianus (p. 15) under the year 667 says: -dediticiis omnibus [ci]vita[s] data; qui polliciti mult[a] milia militum vix XV… cohortes miserunt-; a statement in which Livy's account (Epit. 80): -Italicis populis a senatu civitas data est- reappears in a somewhat more precise shape. The -dediticii- were according to Roman state-law those -peregrini liberi- (Gaius i. 13-15, 25, Ulp. xx. 14, xxii. 2) who had become subject to the Romans and had not been admitted to alliance. They not merely retain life, liberty, and property, but may be formed into communities with a constitution of their own. —Apolides—, -nullius certae civitatis cives- (Ulp. xx. 14; comp. Dig. xlviii. 19, 17, i), were only the freedmen placed by legal fiction on the same footing with the -dediticii qui dediticiorum numero sunt-, only by erroneous usage and rarely by the better authors called directly -dediticii-; (Gai. i. 12, Ulp. i. 14, Paul. iv. 12, 6) as well as the kindred -liberti Latini Iuniani-. But the -dediticii-nevertheless were destitute of rights as respected the Roman state, in so far as by Roman state-law every -deditio- was necessarily unconditional (Polyb, xxi. 1; comp. xx. 9, 10, xxxvi. 2) and all the privileges expressly or tacitly conceded to them were conceded only -precario- and therefore revocable at pleasure (Appian, Hisp. 44); so that the Roman state, what ever it might immediately or afterwards decree regarding its -dediticii-, could never perpetrate as respected them a violation of rights. This destitution of rights only ceased on the conclusion of a treaty of alliance (Liv. xxxiv. 57). Accordingly -deditio- and -foedus- appear in constitutional law as contrasted terms excluding each other (Liv. iv. 30, xxviii. 34; Cod. Theod. vii. 13, 16 and Gothofr. thereon), and of precisely the same nature is the distinction current among the jurists between the -quasi- dediticii- and the -quasi Latini-, for the Latins are just the -foederati- in an eminent sense (Cic. pro Balb. 24, 54).

According to the older constitutional law there were, with the exception of the not numerous communities that were declared to have forfeited their treaties in consequence of the Hannibalic war (p. 24), no Italian -dediticii-; in the Plautian law of 664-5 the description: -qui foederatis civitatibus adscripti fuerunt- (Cic. pro Arch. 4, 7) still included in substance all Italians. But as the -dediticii- who received the franchise supplementary in 667 cannot reasonably be understood as embracing merely the Bruttii and Picentes, we may assume that all the insurgents, so far as they had laid down their arms and had not acquired the franchise under the Plautio-Papirian law were treated as -dediticii-, or—which is the same thing— that their treaties cancelled as a matter of course by the insurrection (hence -qui foederati fuerunt- in the passage of Cicero cited) were not legally renewed to them on their surrender.

21. II. III. Laws Imposing Taxes

22. IV. VI. The Equestrian Party

23. II. XI. Squandering of the Spoil

24. It is not clear, what the -lex unciaria- of the consuls Sulla and Rufus in the year 666 prescribed in this respect; but the simplest hypothesis is that which regards it as a renewal of the law of 397 (i. 364), so that the highest allowable rate of interest was again 1 1/12th of the capital for the year of ten months or 10 per cent for the year of twelve months.

25. III. XI. Reform of the Centuries

26. II. III. Powers of the Senate

27. IV. II. Death of Gracchus, IV. III. Attack on The Transmarine Colonization. Downfall of Gracchus, IV. VI. Saturninus Assailed

28. II. III. The Tribunate of the People As an Instrument of Government

Chapter VIII

1. IV. VIII. Occupation of Cilicia

2. III. IX. Armenia

3. IV. I. Western Asia

4. The words quoted as Phrygian —Bagaios— = Zeus and the old royal name —Manis— have been beyond doubt correctly referred to the Zend -bagha- = God and the Germanic -Mannus-, Indian -Manus- (Lassen, -Zeitschrift der deutschen morgenland-. Gesellschaft, vol. x. p. 329 f.).

5. They are here grouped together, because, though they were in part doubtless not executed till between the first and the second war with Rome, they to some extent preceded even the first (Memn. 30; Justin, xxxviii. 7 ap. fin.; App. Mithr. 13; Eutrop. v. 5) and a narrative in chronological order is in this case absolutely impracticable. Even the recently found decree of Chersonesus (p. 17) has given no information in this respect According to it Diophantus was twice sent against the Taurian Scythians; but that the second insurrection of these is connected with the decree of the Roman senate in favour of the Scythian princes (p. 21) is not clear from the document, and is not even probable.

6. It is very probable that the extraordinary drought, which is the chief obstacle now to agriculture in the Crimea and in these regions generally, has been greatly increased by the disappearance of the forests of central and southern Russia, which formerly to some extent protected the coast-provinces from the parching northeast wind.

7. The recently discovered decree of the town of Chersonesus in honour of this Diophantus (Dittenberger, Syll. n. 252) thoroughly confirms the traditional account. It shows us the city in the immediate vicinity—the port of Balaclava must at that time have been in the power of the Tauri and Simferopol in that of the Scythians—hard pressed partly by the Tauri on the south coast of the Crimea, partly and especially by the Scythians who held in their power the whole interior of the peninsula and the mainland adjoining; it shows us further how the general of king Mithradates relieves on all sides the Greek city, defeats the Tauri, and erects in their territory a stronghold (probably Eupatorion), restores the connection between the western and the eastern Hellenes of the peninsula, overpowers in the west the dynasty of Scilurus, and in the east Saumacus prince of the Scythians, pursues the Scythians even to the mainland, and at length conquers them with the Reuxinales—such is the name given to the later Roxolani here, where they first appear—in the great pitched battle, which is mentioned also in the traditional account. There does not seem to have been any formal subordination of the Greek city under the king; Mithradates appears only as protecting ally, who fights the battles against the Scythians that passed as invincible (—tous anupostatous dokountas eimen—), on behalf of the Greek city, which probably stood to him nearly in the relation of Massilia and Athens to Rome. The Scythians on the other band in the Crimea become subjects (—upakooi—) of Mithradates.

8. The chronology of the following events can only be determined approximately. Mithradates Eupator seems to have practically entered on the government somewhere about 640; Sulla's intervention took place in 662 (Liv. Ep. 70) with which accords the calculation assigning to the Mithradatic wars a period of thirty years (662-691) (Plin. H. N. vii. 26, 97). In the interval fell the quarrels as to the Paphlagonian and Cappadocian succession, with which the bribery attempted by Mithradates in Rome (Diod. 631) apparently in the first tribunate of Saturninus in 651 (IV. VI. Saturninus) was probably connected. Marius, who left Rome in 665 and did not remain long in the east, found Mithradates already in Cappadocia and negotiated with him regarding his aggressions (Cic. ad Brut. i. 5; Plut. Mar. 31); Ariarathes VI had consequently been by that time put to death.

9. IV. III. Character of the Constitution of Gaius Gracchus

10. A decree of the senate of the year 638 recently found in the village Aresti to the south of Synnada (Viereck, -Sermo Graecus quo senatus Romanus usus sit-, p. 51) confirms all the regulations made by the king up to his death and thus shows that Great Phrygia after the death of the father was not merely taken from the son, as Appian also states, but was thereby brought directly under Roman allegiance.

11. III. IX. Rupture between Antiochus and the Romans

12. Retribution came upon the authors of the arrest and surrender of Aquillius twenty-five years afterwards, when after Mithradates' death his son Pharnaces handed them over to the Romans.

13. IV. VII. Economic Crisis

14. We must recollect that after the outbreak of the Social War the legion had at least not more than half the number of men which it had previously, as it was no longer accompanied by Italian contingents.

15. The chronology of these events is, like all their details, enveloped in an obscurity which investigation is able to dispel, at most, only partially. That the battle of Chaeronea took place, if not on the same day as the storming of Athens (Pausan, i. 20), at any rate soon afterwards, perhaps in March 668, is tolerably certain. That the succeeding Thessalian and the second Boeotian campaign took up not merely the remainder of 668 but also the whole of 669, is in itself probable and is rendered still more so by the fact that Sulla's enterprises in Asia are not sufficient to fill more than a single campaign. Licinianus also appears to indicate that Sulla returned to Athens for the winter of 668-669 and there took in hand the work of investigation and punishment; after which he relates the battle of Orchomenus. The crossing of Sulla to Asia has accordingly been placed not in 669, but in 670.

16. The resolution of the citizens of Ephesus to this effect has recently been found (Waddington, Additions to Lebas, Inscr. iii. 136 a). They had, according to their own declaration, fallen into the power of Mithradates "the king of Cappadocia," being frightened by the magnitude of his forces and the suddenness of his attack; but, when opportunity offered, they declared war against him "for the rule (—egemonia—) of the Romans and the common weal."

17. The statement that Mithradates in the peace stipulated for impunity to the towns which had embraced his side (Memnon, 35) seems, looking to the character of the victor and of the vanquished, far from credible, and it is not given by Appian or by Licinianus. They neglected to draw up the treaty of peace in writing, and this neglect afterwards left room far various misrepresentations.

18. Armenian tradition also is acquainted with the first Mithradatic war. Ardasches king of Armenia—Moses of Chorene tells us—was not content with the second rank which rightfully belonged to him in the Persian (Parthian) empire, but compelled the Parthian king Arschagan to cede to him the supreme power, whereupon he had a palace built for himself in Persia and had coins struck there with his own image. He appointed Arschagan viceroy of Persia and his son Dicran (Tigranes) viceroy of Armenia, and gave his daughter Ardaschama in marriage to the great-prince of the Iberians Mihrdates (Mithradates) who was descended from Mihrdates satrap of Darius and governor appointed by Alexander over the conquered Iberians, and ruled in the northern mountains as well as over the Black Sea. Ardasches then took Croesus the king of the Lydians prisoner, subdued the mainland between the two great seas (Asia Minor), and crossed the sea with innumerable vessels to subjugate the west. As there was anarchy at that time in Rome, he nowhere encountered serious resistance, but his soldiers killed each other and Ardasches fell by the hands of his own troops. After Ardasches' death his successor Dicran marched against the army of the Greeks (i. e. the Romans) who now in turn invaded the Armenian land; he set a limit to their advance, handed over to his brother- in-law Mihrdates the administration of Madschag (Mazaca in Cappadocia) and of the interior along with a considerable force, and returned to Armenia. Many years afterwards there were still pointed out in the Armenian towns statues of Greek gods by well- known masters, trophies of this campaign.

We have no difficulty in recognizing here various facts of the first Mithradatic war, but the whole narrative is evidently confused, furnished with heterogeneous additions, and in particular transferred by patriotic falsification to Armenia. In just the same way the victory over Crassus is afterwards attributed to the Armenians. These Oriental accounts are to be received with all the greater caution, that they are by no means mere popular legends; on the contrary the accounts of Josephus, Eusebius, and other authorities current among the Christians of the fifth century have been amalgamated with the Armenian traditions, and the historical romances of the Greeks and beyond doubt the patriotic fancies also of Moses himself have been laid to a considerable extent under contribution. Bad as is cur Occidental tradition in itself, to call in the aid of Oriental tradition in this and similar cases—as has been attempted for instance by the uncritical Saint-Martin—can only lead to still further confusion.

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

Chapter IX

1. The whole of the representation that follows is based in substance on the recently discovered account of Licinianus, which communicates a number of facts previously unknown, and in particular enables us to perceive the sequence and connection of these events more clearly than was possible before.

2. IV. VII. The Bestowal of the Franchise and Its Limitations. That there was no confirmation by the comitia, is clear from Cic. Phil. xii. 11, 27. The senate seems to have made use of the form of simply prolonging the term of the Plautio- Papirian law (IV. VII. Bestowal of Latin Rights on the Italian Celts), a course which by use and wont (i. 409) was open to it and practically amounted to conferring the franchise on all Italians.

3. "-Ad flatus sidere-," as Livy (according to Obsequens, 56) expresses it, means "seized by the pestilence" (Petron. Sat. 2; Plin. H. N. ii. 41, 108; Liv. viii. 9, 12), not "struck by lightning," as later writers have misunderstood it.

4. IV. VII. Combats with the Marsians

5. IV. VII. Sulpicius Rufus

6. IV. VII. Bestowal of Latin Rights on the Italian Celts

7. IV. V. In Illyria

8. IV. VI. Discussions on the Livian Laws

9. IV. VII. Energetic Decrees

10. Lucius Valerius Flaccus, whom the Fasti name as consul in 668, was not the consul of 654, but a younger man of the same name, perhaps son of the preceding. For, first, the law which prohibited re-election to the consulship remained legally in full force from c. 603 (IV. II. Attempts at Reform) to 673, and it is not probable that what was done in the case of Scipio Aemilianus and Marius was done also for Flaccus. Secondly, there is no mention anywhere, when either Flaccus is named, of a double consulship, not even where it was necessary as in Cic. pro Flacc. 32, 77. Thirdly, the Lucius Valerius Flaccus who was active in Rome in 669 as -princeps senatus- and consequently of consular rank (Liv. 83), cannot have been the consul of 668, for the latter had already at that time departed for Asia and was probably already dead. The consul of 654, censor in 657, is the person whom Cicero (ad Att. viii. 3, 6) mentions among the consulars present in Rome in 667; he was in 669 beyond doubt the oldest of the old censors living and thus fitted to be -princeps senatus-; he was also the -interrex- and the -magister equitum- of 672. On the other hand, the consul of 668, who Perished at Nicomedia (p. 47), was the father of the Lucius Flaccus defended by Cicero (pro Flacc. 25, 61, comp. 23, 55. 32, 77).

11. IV. VI. The Equestrian Party

12. IV. VII. Sulla Embarks for Asia

13. We can only suppose this to be the Brutus referred to, since Marcus Brutus the father of the so-called Liberator was tribune of the people in 671, and therefore could not command in the field.

14. IV. IV. Prosecutions of the Democrats

15. It is stated, that Sulla occupied the defile by which alone Praeneste was accessible (App. i. 90); and the further events showed that the road to Rome was open to him as well as to the relieving army. Beyond doubt Sulla posted himself on the cross road which turns off from the Via Latina, along which the Samnites advanced, at Valmontone towards Palestrina; in this case Sulla communicated with the capital by the Praenestine, and the enemy by the Latin or Labican, road.

16. Hardly any other name can well be concealed under the corrupt reading in Liv. 89 -miam in Samnio-; comp. Strabo, v. 3, 10.

17. IV. IX. Pompeius

18. IV. VIII. New Difficulties

Chapter X

1. III. XI. Abolition of the Dictatorship

2. -Satius est uti regibus quam uti malis legibus- (Ad Herenn. ii. 36).

3. II. I. The Dictator, II. II. The Valerio-Horatian Laws, II. III. Limitation of the Dictatorship

4. IV. VII. Legislation of Sulla

5. This total number is given by Valerius Maximus, ix. 2. 1. According to Appian (B. C. i. 95), there were proscribed by Sulla nearly 40 senators, which number subsequently received some additions, and about 1600 equites; according to Florus (ii. 9, whence Augustine de Civ. Dei, iii. 28), 2000 senators and equites. According to Plutarch (Sull. 31), 520 names were placed on the list in the first three days; according to Orosius (v. 21), 580 names during the first days. there is no material contradiction between these various reports, for it was not senators and equites alone that were put to death, and the list remained open for months. When Appian, at another passage (i. 103), mentions as put to death or banished by Sulla, 15 consulars, 90 senators, 2600 equites, he there confounds, as the connection shows, the victims of the civil war throughout with the victims of Sulla. The 15 consulars were— Quintus Catulus, consul in 652; Marcus Antonius, 655; Publius Crassus, 657; Quintus Scaevola, 659; Lucius Domitius, 660; Lucius Caesar, 664; Quintus Rufus, 666; Lucius Cinna, 667-670; Gnaeus Octavius, 667; Lucius Merula, 667; Lucius Flaccus, 668; Gnaeus Carbo, 669, 670, 672; Gaius Norbanus, 671; Lucius Scipio, 671; Gaius Marius, 672; of whom fourteen were killed, and one, Lucius Scipio, was banished. When, on the other hand, the Livian account in Eutropius (v. 9) and Orosius (v. 22) specifies as swept away (-consumpti-) in the Social and Civil wars, 24 consulars, 7 praetorians, 60 aedilicians, 200 senators, the calculation includes partly the men who fell in the Italian war, such as the consulars Aulus Albinus, consul in 655; Titus Didius, 656; Publius Lupus, 664; Lucius Cato, 665; partly perhaps Quintus Metellus Numidicus (IV. VI. Violent Proceedings in The Voting), Manius Aquillius, Gaius Marius the father, Gnaeus Strabo, whom we may certainly regard as also victims of that period, or other men whose fate is unknown to us. Of the fourteen consulars killed, three—Rufus, Cinna, and Flaccus— fell through military revolts, while eight Sullan and three Marian consulars fell as victims to the opposite party. On a comparison of the figures given above, 50 senators and 1000 equites were regarded as victims of Marius, 40 senators and 1600 equites as victims of Sulla; this furnishes a standard—at least not altogether arbitrary—for estimating the extent of the crimes on both sides.

6. The Sextus Alfenus, frequently mentioned in Cicero's oration on behalf of Publius Quinctius, was one of these.

7. II. VII. Latins. To this was added the peculiar aggravation that, while in other instances the right of the Latins, like that of the -peregrini-, implied membership in a definite Latin or foreign community, in this case—just as with the later freedmen of Latin and deditician rights (comp. IV. VII. The Bestowal of the Franchise and Its Limitations. n.)—it was without any such right of urban membership. The consequence was, that these Latins were destitute of the privileges attaching to an urban constitution, and, strictly speaking, could not even make a testament, since no one could execute a testament otherwise than according to the law of his town; they could doubtless, however, acquire under Roman testaments, and among the living could hold dealings with each other and with Romans or Latins in the forms of Roman law.

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

9. That Sulla's assessment of the five years' arrears and of the war expenses levied on the communities of Asia (Appian, Mithr. 62 et al.) formed a standard for the future, is shown by the facts, that the distribution of Asia into forty districts is referred to Sulla (Cassiodor. Chron. 670) and that the Sullan apportionment was assumed as a basis in the case of subsequent imposts (Cic. pro Flacc. 14, 32), and by the further circumstance, that on occasion of building a fleet in 672 the sums applied for that purpose were deducted from the payment of tribute (-ex pecunia vectigali populo Romano-: Cic. Verr. l. i. 35, 89). Lastly, Cicero (ad Q. fr. i. i, ii, 33) directly says, that the Greeks "were not in a position of themselves to pay the tax imposed on them by Sulla without -publicani-."

10. III. XI. Separation of the Orders in the Theatre

11. IV. III. Insignia of the Equites. Tradition has not indeed informed us by whom that law was issued, which rendered it necessary that the earlier privilege should be renewed by the Roscian theatre-law of 687 (Becker-Friedlander, iv, 531); but under the circumstances the author of that law was undoubtedly Sulla.

12. IV. VI. Livius Drusus

13. IV. VII. Rejection of the Proposals for an Accomodation

14. III. XI. The Nobility in Possession of the Senate

15. How many quaestors had been hitherto chosen annually, is not known. In 487 the number stood at eight—two urban, two military, and four naval, quaestors (II. VII. Quaestors of the Fleet, II. VII. Intermediate Fuctionaries); to which there fell to be added the quaestors employed in the provinces (III. III. Provincial Praetors). For the naval quaestors at Ostia, Cales, and so forth were by no means discontinued, and the military quaestors could not be employed elsewhere, since in that case the consul, when he appeared as commander-in-chief, would have been without a quaestor. Now, as down to Sulla's time there were nine provinces, and moreover two quaestors were sent to Sicily, he may possibly have found as many as eighteen quaestors in existence. But as the number of the supreme magistrates of this period was considerably less than that of their functions (p. 120), and the difficulty thus arising was constantly remedied by extension of the term of office and other expedients, and as generally the tendency of the Roman government was to limit as much as possible the number of magistrates, there may have been more quaestorial functions than quaestors, and it may be even that at this period no quaestor at all was sent to small provinces such as Cilicia. Certainly however there were, already before Sulla's time, more than eight quaestors.

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

17. We cannot strictly speak at all of a fixed number of senators. Though the censors before Sulla prepared on each occasion a list of 300 persons, there always fell to be added to this list those non- senators who filled a curule office between the time when the list was drawn up and the preparation of the next one; and after Sulla there were as many senators as there were surviving quaestorians But it may be probably assumed that Sulla meant to bring the senate up to 500 or 600 members; and this number results, if we assume that 20 new members, at an average age of 30, were admitted annually, and we estimate the average duration of the senatorial dignity at from 25 to 30 years. At a numerously attended sitting of the senate in Cicero's time 417 members were present.

18. II. III. The Senate. Its Composition

19. IV. VI. Political Projects of Marius

20. III. XI. Interference of the Community in War and Administration

21. IV. VII. Legislation of Sulla

22. II. III. Restrictions As to the Accumulation and the Reoccupation of Offices

23. IV. II. Attempts at Reform

24. To this the words of Lepidus in Sallust (Hist. i. 41, 11 Dietsch) refer: -populus Romanus excitus… iure agitandi-, to which Tacitus (Ann. iii. 27) alludes: -statim turbidis Lepidi rogationibus neque multo post tribunis reddita licentia quoquo vellent populum agitandi-. That the tribunes did not altogether lose the right of discussing matters with the people is shown by Cic. De Leg. iii. 4, 10 and more clearly by the -plebiscitum de Thermensibus-, which however in the opening formula also designates itself as issued -de senatus sententia-. That the consuls on the other hand could under the Sullan arrangements submit proposals to the people without a previous resolution of the senate, is shown not only by the silence of the authorities, but also by the course of the revolutions of 667 and 676, whose leaders for this very reason were not tribunes but consuls. Accordingly we find at this period consular laws upon secondary questions of administration, such as the corn law of 681, for which at other times we should have certainly found -plebiscita-.

25. II. III. Influence of the Elections

26. IV. II. Vote by Ballot

27. For this hypothesis there is no other proof, except that the Italian Celt-land was as decidedly not a province—in the sense in which the word signifies a definite district administered by a governor annually changed—in the earlier times, as it certainly was one in the time of Caesar (comp. Licin. p. 39; -data erat et Sullae provincia Gallia Cisalpina-).

The case is much the same with the advancement of the frontier; we know that formerly the Aesis, and in Caesar's time the Rubico, separated the Celtic land from Italy, but we do not know when the boundary was shifted. From the circumstance indeed, that Marcus Terentius Varro Lucullus as propraetor undertook a regulation of the frontier in the district between the Aesis and Rubico (Orelli, Inscr. 570), it has been inferred that that must still have been provincial land at least in the year after Lucullus' praetorship 679, since the propraetor had nothing to do on Italian soil. But it was only within the -pomerium- that every prolonged -imperium- ceased of itself; in Italy, on the other hand, such a prolonged -imperium- was even under Sulla's arrangement—though not regularly existing—at any rate allowable, and the office held by Lucullus was in any case an extraordinary one. But we are able moreover to show when and how Lucullus held such an office in this quarter. He was already before the Sullan reorganization in 672 active as commanding officer in this very district (p, 87), and was probably, just like Pompeius, furnished by Sulla with propraetorian powers; in this character he must have regulated the boundary in question in 672 or 673 (comp. Appian, i. 95). No inference therefore may be drawn from this inscription as to the legal position of North Italy, and least of all for the time after Sulla's dictatorship. On the other hand a remarkable hint is contained in the statement, that Sulla advanced the Roman -pomerium- (Seneca, de brev. vitae, 14; Dio, xliii. 50); which distinction was by Roman state-law only accorded to one who had advanced the bounds not of the empire, but of the city—that is, the bounds of Italy (i. 128).

28. As two quaestors were sent to Sicily, and one to each of the other provinces, and as moreover the two urban quaestors, the two attached to the consuls in conducting war, and the four quaestors of the fleet continued to subsist, nineteen magistrates were annually required for this office. The department of the twentieth quaestor cannot be ascertained.

29. The Italian confederacy was much older (II. VII. Italy and The Italians); but it was a league of states, not, like the Sullan Italy, a state-domain marked off as an unit within the Roman empire.

30. II. III. Complete Opening Up of Magistracies and Priesthoods

31. II. III. Combination of The Plebian Aristocracy and The Farmers against The Nobility

32. III. XIII. Religious Economy

33. IV. X. Punishments Inflicted on Particular Communities

34. e. g. IV. IV. Dissatisfaction in the Capital, IV. V. Warfare of Prosecutions

35. IV. II. Vote by Ballot

36. IV. III. Modifications of the Penal Law

37. II. II. Intercession

38. IV. III. Modifications of the Penal Law

39. IV. VII. Rejection of the Proposals for an Accomodation

40. II. VII. Subject Communities

41. IV. X. Cisapline Gaul Erected into A Province

42. IV. VII. Preparations for General Revolt against Rome

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

44. IV. IX. Government of Cinna

45. IV. VII. Decay of Military Discipline

46. IV. VII. Economic Crisis

47. IV. VII. Strabo

48. IV. VIII. Flaccus Arrives in Asia

49. IV. IX. Death of Cinna

50. IV. IX. Nola

51. IV. IX. Fresh Difficulties with Mithradates

52. Euripides, Medea, 807:— —Meideis me phaulein kasthenei nomizeto Meid eisuchaian, alla thateron tropou Bareian echthrois kai philoisin eumenei—.

53. IV. IX. Fresh Difficulties with Mithradates

54. IV. IX. Fresh Difficulties with Mithradates, IV. X. Re-establishment of Constitutional Order

55. Not -pthiriasis-, as another account states; for the simple reason that such a disease is entirely imaginary.

Chapter XI

1. IV. V. Transalpine Relations of Rome, IV. V. The Romans Cross the Eastern Alps

2. IV. I. The Callaeci Conquered

3. IV. V. And Reach the Danube

4. -Exterae nationes in arbitratu dicione potestate amicitiave populi Romani- (lex repet. v. i), the official designation of the non-Italian subjects and clients as contrasted with the Italian "allies and kinsmen" (-socii nominisve Latini-).

5. III. XI. As to the Management of the Finances

6. III. XII. Mercantile Spirit

7. IV. III. Jury Courts, IV. III. Character of the Constitution of Gaius Gracchus

8. This tax-tenth, which the state levied from private landed property, is to be clearly distinguished from the proprietor's tenth, which it imposed on the domain-land. The former was let in Sicily, and was fixed once for all; the latter—especially that of the territory of Leontini—was let by the censors in Rome, and the proportion of produce payable and other conditions were regulated at their discretion (Cic. Verr. iii. 6, 13; v. 21, 53; de leg. agr. i. 2, 4; ii. 18, 48). Comp, my Staatsrecht, iii. 730.

9. The mode of proceeding was apparently as follows. The Roman government fixed in the first instance the kind and the amount of the tax. Thus in Asia, for instance, according to the arrangement of Sulla and Caesar the tenth sheaf was levied (Appian. B. C. v. 4); thus the Jews by Caesar's edict contributed every second year a fourth of the seed (Joseph, iv. 10, 6; comp. ii. 5); thus in Cilicia and Syria subsequently there was paid 5 per cent from estate (Appian. Syr. 50), and in Africa also an apparently similar tax was paid—in which case, we may add, the estate seems to have been valued according to certain presumptive indications, e. g. the size of the land occupied, the number of doorways, the number of head of children and slaves (-exactio capitum atque ostiorum-, Cicero, Ad Fam. iii. 8, 5, with reference to Cilicia; —phoros epi tei gei kai tois somasin—, Appian. Pun. 135, with reference to Africa). In accordance with this regulation the magistrates of each community under the superintendence of the Roman governor (Cic. ad Q. Fr. i. 1, 8; SC. de Asclep. 22, 23) settled who were liable to the tax, and what was to be paid by each tributary ( -imperata- —epikephalia—, Cic. ad Att. v. 16); if any one did not pay this in proper time, his tax-debt was sold just as in Rome, i. e. it was handed over to a contractor with an adjudication to collect it (-venditio tributorum-, Cic. Ad Fam. iii. 8, 5; —onas— -omnium venditas-, Cic. ad Att. v. 16). The produce of these taxes flowed into the coffers of the leading communities—the Jews, for instance, had to send their corn to Sidon—and from these coffers the fixed amount in money was then conveyed to Rome. These taxes also were consequently raised indirectly, and the intermediate agent either retained, according to circumstances, a part of the produce of the taxes for himself, or advanced it from his own substance; the distinction between this mode of raising and the other by means of the -publicani- lay merely in the circumstance, that in the former the public authorities of the contributors, in the latter Roman private contractors, constituted the intermediate agency.

10. IV. III. Jury Courts

11. III. VII. Administration of Spain

12. IV. X. Regulation of the Finances

13. For example, in Judaea the town of Joppa paid 26,075 -modii- of corn, the other Jews the tenth sheaf, to the native princes; to which fell to be added the temple-tribute and the Sidonian payment destined for the Romans. In Sicily too, in addition to the Roman tenth, a very considerable local taxation was raised from property.

14. IV. VI. The New Military Organization

15. IV. II. Vote by Ballot

16. III. VII. Liguria

17. IV. V. Province of Narbo

18. IV. V. In Illyria

19. IV. I. Province of Macedonia

20. III. XI. Italian Subjects, III. XII. Roman Wealth

21. IV. V. Taurisci

22. III. IV. Pressure of the War

23. IV. VII. Outbreak of the Mithradatic War

24. IV. IX. Preparations on Either Side

25. III. XII. The Management of Land and of Capital

26. IV. V. Conflicts with the Ligurians. With this may be connected the remark of the Roman agriculturist, Saserna, who lived after Cato and before Varro (ap. Colum. i. 1, 5), that the culture of the vine and olive was constantly moving farther to the north.—The decree of the senate as to the translation of the treatise of Mago (IV. II. The Italian Farmers) belongs also to this class of measures.

27. IV. II. Slavery and Its Consequences

28. IV. VIII. Thrace and Macedonia Occupied by the Pontic Armies.

29. IV. I. Destruction of Carthage, IV. I. Destruction of Corinth

30. IV. V. The Advance of the Romans Checked by the Policy of the Restoration

31. IV. IV. The Provinces

32. IV. VII. Economic Crisis

33. IV. VII. The Sulpician Laws

34. IV. VII. Legislation of Sulla

35. IV. IX. Government of Cinna

36. IV. VIII. Orders Issued from Ephesus for A General Massacre

37. IV. VIII. Thrace and Macedonia Occupied by the Pontic Armies.

38. IV. VI. Roman Intervention

39. III. XII. Roman Wealth

40. IV. V. Taurisci

41. III. VI. Pressure of the War

42. II. VIII. Silver Standard of Value

43. III. VI. Pressure of the War

44. III. I. Comparison between Carthage and Rome

45. IV. X. Proscription-Lists

46. III. III. Autonomy, III. VII. the State of Culture in Spain, III. XII. Coins and Moneys

47. III. XII. Coins and Moneys

48. III. XIII. Increase of Amusements

49. In the house, which Sulla inhabited when a young man, he paid for the ground-floor a rent of 3000 sesterces, and the tenant of the upper story a rent of 2000 sesterces (Plutarch, Sull. 1); which, capitalized at two-thirds of the usual interest on capital, yields nearly the above amount. This was a cheap dwelling. That a rent of 6000 sesterces (60 pounds) in the capital is called a high one in the case of the year 629 (Vell. ii. 10) must have been due to special circumstances.

50. III. I. Comparison between Carthage and Rome

51. IV. II. Tribunate of Gracchus

52. "If we could, citizens"—he said in his speech—"we should indeed all keep clear of this burden. But, as nature has so arranged it that we cannot either live comfortably with wives or live at all without them, it is proper to have regard rather to the permanent weal than to our own brief comfort."

Chapter XII

1. IV. XI. Money-Dealing and Commerce

2. IV. X. The Roman Municipal System

3. IV. I. The Subjects

4. IV. I. The Callaeci Conquered

5. IV. I. The New Organization of Spain

6. IV. VII. Second Year of the War

7. The statement that no "Greek games" were exhibited in Rome before 608 (Tac. Ann. xiv. 21) is not accurate: Greek artists (—technitai—) and athletes appeared as early as 568 (Liv. xxxix. 22), and Greek flute-players, tragedians, and pugilists in 587 (Pol. xxx, 13).

8. III. XIII. Irreligious Spirit

9. A delightful specimen may be found in Cicero de Officiis, iii. 12, 13.

10. IV. VI. Collision between the Senate and Equites in the Administration of the Provinces; IV. IX. Siege of Praeneste

11. In Varro's satire, "The Aborigines," he sarcastically set forth how the primitive men had not been content with the God who alone is recognized by thought, but had longed after puppets and effigies.

12. III. XI. Interference of The Community in War and Administration

13. IV. VI. Political Projects of Marius

14. IV. X. Co-optation Restored in the Priestly Colleges

15. IV. VI. The Equestrian Party

16. III. XIV. Cato's Encyclopedia

17. Cicero says that he treated his learned slave Dionysius more respectfully than Scipio treated Panaetius, and in the same sense it is said in Lucilius:—

-Paenula, si quaeris, canteriu', servu', segestre Utilior mihi, quam sapiens-.

18. IV. XII. Panaetius

Chapter XIII

1. Thus in the -Paulus-, an original piece, the following line occurred, probably in the description of the pass of Pythium (III. X. Perseus Is Driven Back to Pydna):—

-Qua vix caprigeno generi gradilis gressio est-.

And in another piece the hearers are expected to understand the following description—

-Quadrupes tardigrada agrestis humilis aspera, Capite brevi, cervice anguina, aspectu truci, Eviscerata inanima cum animali sono-.

To which they naturally reply—

-Ita saeptuosa dictione abs te datur, Quod conjectura sapiens aegre contuit; Non intellegimus, nisi si aperte dixeris-.

Then follows the confession that the tortoise is referred to. Such enigmas, moreover, were not wanting even among the Attic tragedians, who on that account were often and sharply taken to task by the Middle Comedy.

2. Perhaps the only exception is in the -Andria- (iv. 5) the answer to the question how matters go:—

"-Sic Ut quimus," aiunt, "quando ut volumus non licet-"

in allusion to the line of Caecilius, which is, indeed, also imitated from a Greek proverb:—

-Vivas ut possis, quando non quis ut velis-.

The comedy is the oldest of Terence's, and was exhibited by the theatrical authorities on the recommendation of Caecilius. The gentle expression of gratitude is characteristic.

3. A counterpart to the hind chased by dogs and with tears calling on a young man for help, which Terence ridicules (Phorm. prol. 4), may be recognized in the far from ingenious Plautine allegory of the goat and the ape (Merc, ii. 1). Such excrescences are ultimately traceable to the rhetoric of Euripides (e. g. Eurip. Hec. 90).

4. Micio in the -Adelphi- (i. i) praises his good fortune in life, more particularly because he has never had a wife, "which those (the Greeks) reckon a piece of good fortune."

5. In the prologue of the -Heauton Timorumenos- he puts the objection into the mouth of his censors:—

-Repente ad studium hunc se applicasse musicum Amicum ingenio fretum, haud natura sua-.

And in the later prologue (594) to the -Adelphi- he says—

-Nam quod isti dicunt malevoli, homines nobiles Eum adiutare, adsidueque una scribere; Quod illi maledictum vehemens esse existimant Eam laudem hic ducit maximam, quum illis placet Qui vobis universis et populo placent; Quorum opera in bello, in otio, in negotio, Suo quisque tempore usus est sine superbia-.

As early as the time of Cicero it was the general supposition that Laelius and Scipio Aemilianus were here meant: the scenes were designated which were alleged to proceed from them; stories were told of the journeys of the poor poet with his genteel patrons to their estates near Rome; and it was reckoned unpardonable that they should have done nothing at all for the improvement of his financial circumstances. But the power which creates legend is, as is well known, nowhere more potent than in the history of literature. It is clear, and even judicious Roman critics acknowledged, that these lines could not possibly apply to Scipio who was then twenty-five years of age, and to his friend Laelius who was not much older. Others with at least more judgment thought of the poets of quality Quintus Labeo (consul in 571) and Marcus Popillius (consul in 581), and of the learned patron of art and mathematician, Lucius Sulpicius Gallus (consul in 588); but this too is evidently mere conjecture. That Terence was in close relations with the Scipionic house cannot, however, be doubted: it is a significant fact, that the first exhibition of the -Adelphi- and the second of the -Hecyra- took place at the funeral games of Lucius Paullus, which were provided by his sons Scipio and Fabius.

6. IV. XI. Token-Money

7. III. XIV. National Comedy

8. External circumstances also, it may be presumed, co-operated in bringing about this change. After all the Italian communities had obtained the Roman franchise in consequence of the Social war, it was no longer allowable to transfer the scene of a comedy to any such community, and the poet had either to keep to general ground or to choose places that had fallen into ruin or were situated abroad. Certainly this circumstance, which was taken into account even in the production of the older comedies, exercised an unfavourable effect on the national comedy.

9. I. XV. Masks

10. With these names there has been associated from ancient times a series of errors. The utter mistake of Greek reporters, that these farces were played at Rome in the Oscan language, is now with justice universally rejected; but it is, on a closer consideration, little short of impossible to bring these pieces, which are laid in the midst of Latin town and country life, into relation with the national Oscan character at all. The appellation of "Atellan play" is to be explained in another way. The Latin farce with its fixed characters and standing jests needed a permanent scenery: the fool- world everywhere seeks for itself a local habitation. Of course under the Roman stage-police none of the Roman communities, or of the Latin communities allied with Rome, could be taken for this purpose, although it was allowable to transfer the -togatae- to these. But Atella, which, although destroyed de jure along with Capua in 543 (III. VI. Capua Capitulates, III. VI. In Italy), continued practically to subsist as a village inhabited by Roman farmers, was adapted in every respect for the purpose. This conjecture is changed into certainty by our observing that several of these farces are laid in other communities within the domain of the Latin tongue, which existed no longer at all, or no longer at any rate in the eye of the law-such as the -Campani- of Pomponius and perhaps also his -Adelphi- and his -Quinquatria- in Capua, and the -Milites Pometinenses- of Novius in Suessa Pometia—while no existing community was subjected to similar maltreatment. The real home of these pieces was therefore Latium, their poetical stage was the Latinized Oscan land; with the Oscan nation they have no connection. The statement that a piece of Naevius (d. after 550) was for want of proper actors performed by "Atellan players" and was therefore called -personata- (Festus, s. v.), proves nothing against this view: the appellation "Atellan players" comes to stand here proleptically, and we might even conjecture from this passage that they were formerly termed "masked players" (-personati-).

An explanation quite similar may be given of the "lays of Fescennium," which likewise belong to the burlesque poetry of the Romans and were localized in the South Etruscan village of Fescennium; it is not necessary on that account to class them with Etruscan poetry any more than the Atellanae with Oscan. That Fescennium was in historical times not a town but a village, cannot certainly be directly proved, but is in the highest degree probable from the way in which authors mention the place and from the silence of inscriptions.

11. The close and original connection, which Livy in particular represents as subsisting between the Atellan farce and the -satura- with the drama thence developed, is not at all tenable. The difference between the -histrio- and the Atellan player was just about as great as is at present the difference between a professional actor and a man who goes to a masked ball; between the dramatic piece, which down to Terence's time had no masks, and the Atellan, which was essentially based on the character-mask, there subsisted an original distinction in no way to be effaced. The drama arose out of the flute-piece, which at first without any recitation was confined merely to song and dance, then acquired a text (-satura-), and lastly obtained through Andronicus a libretto borrowed from the Greek stage, in which the old flute-lays occupied nearly the place of the Greek chorus. This course of development nowhere in its earlier stages comes into contact with the farce, which was performed by amateurs.

12. In the time of the empire the Atellana was represented by professional actors (Friedlander in Becker's Handbuch. vi. 549). The time at which these began to engage in it is not reported, but it can hardly have been other than the time at which the Atellan was admitted among the regular stage-plays, i. e. the epoch before Cicero (Cic. ad Fam. ix. 16). This view is not inconsistent with the circumstance that still in Livy's time (vii. 2) the Atellan players retained their honorary rights as contrasted with other actors; for the statement that professional actors began to take part in performing the Atellana for pay does not imply that the Atellana was no longer performed, in the country towns for instance, by unpaid amateurs, and the privilege therefore still remained applicable,

13. It deserves attention that the Greek farce was not only especially at home in Lower Italy, but that several of its pieces (e. g. among those of Sopater, the "Lentile-Porridge," the "Wooers of Bacchis," the "Valet of Mystakos," the "Bookworms," the "Physiologist") strikingly remind us of the Atellanae. This composition of farces must have reached down to the time at which the Greeks in and around Neapolis formed a circle enclosed within the Latin-speaking Campania; for one of these writers of farces, Blaesus of Capreae, bears even a Roman name and wrote a farce "Saturnus."

14. According to Eusebius, Pomponius flourished about 664; Velleius calls him a contemporary of Lucius Crassus (614-663) and Marcus Antonius (611-667). The former statement is probably about a generation too late; the reckoning by -victoriati- (p. 182) which was discontinued about 650 still occurs in his -Pictores-, and about the end of this period we already meet the mimes which displaced the Atellanae from the stage.

15. It was probably merry enough in this form. In the -Phoenissae- of Novius, for instance, there was the line:—

-Sume arma, iam te occidam clava scirpea-, Just as Menander's
—Pseudeirakleis— makes his appearance.

16. Hitherto the person providing the play had been obliged to fit up the stage and scenic apparatus out of the round sum assigned to him or at his own expense, and probably much money would not often be expended on these. But in 580 the censors made the erection of the stage for the games of the praetors and aediles a matter of special contract (Liv. xli. 27); the circumstance that the stage- apparatus was now no longer erected merely for a single performance must have led to a perceptible improvement of it.

17. The attention given to the acoustic arrangements of the Greeks may be inferred from Vitruv. v. 5, 8. Ritschl (Parerg. i. 227, xx.) has discussed the question of the seats; but it is probable (according to Plautus, Capt. prol. 11) that those only who were not -capite censi- had a claim to a seat. It is probable, moreover, that the words of Horace that "captive Greece led captive her conqueror" primarily refer to these epoch-making theatrical games of Mummius (Tac. Ann. xiv. 21).

18. The scenery of Pulcher must have been regularly painted, since the birds are said to have attempted to perch on the tiles (Plin. H. N. xxxv. 4, 23; Val. Max. ii. 4, 6). Hitherto the machinery for thunder had consisted in the shaking of nails and stones in a copper kettle; Pulcher first produced a better thunder by rolling stones, which was thenceforth named "Claudian thunder" (Festus, v. Claudiana, p. 57).

19. Among the few minor poems preserved from this epoch there occurs the following epigram on this illustrious actor:—

-Constiteram, exorientem Auroram forte salutans, Cum subito a laeva
Roscius exoritur. Pace mihi liceat, coelestes, dicere vestra;
Mortalis visust pulchrior esse deo-.

The author of this epigram, Greek in its tone and inspired by Greek enthusiasm for art, was no less a man than the conqueror of the Cimbri, Quintus Lutatius Catulus, consul in 652.

20. IV. XII. Course of Literature and Rhetoric

21. -Quam lepide —legeis— compostae ut tesserulae omnes Arte pavimento atque emblemate vermiculato-.

22. The poet advises him—

-Quo facetior videare et scire plus quant ceteri—-to say not -pertaesum- but -pertisum-.

23. IV. III. Its Suspension by Scipio Aemilianus

24. The following longer fragment is a characteristic specimen of the style and metrical treatment, the loose structure of which cannot possibly be reproduced in German hexameters:—

-Virtus, Albine, est pretium persolvere verum
Queis in versamur, queis vivimu' rebu' potesse;
Virtus est homini scire quo quaeque habeat res;
Virtus scire homini rectum, utile, quid sit honestum,
Quae bona, quae mala item, quid inutile, turpe, inhonestum;
Virtus quaerendae finem rei scire modumque;
Virtus divitiis pretium persolvere posse;
Virtus id dare quod re ipsa debetur honori,
Hostem esse atque inimicum hominum morumque malorum,
Contra defensorem hominum morumque bonorum,
Hos magni facere, his bene velle, his vivere amicum;
Commoda praeterea patriai prima putare,
Deinde parentum, tertia iam postremaque nostra-.

25. IV. XIII. Dramatic Arrangements, second note

26. III. X. Measures of Security in Greece

27. IV. I. Greece

28. Such scientific travels were, however, nothing uncommon among the Greeks of this period. Thus in Plautus (Men. 248, comp. 235) one who has navigated the whole Mediterranean asks—

-Quin nos hinc domum Redimus, nisi si historiam scripturi sumus-?

29. III. XIV. National Opposition

30. The only real exception, so far as we know, is the Greek history of Gnaeus Aufidius, who flourished in Cicero's boyhood (Tusc, v. 38, 112), that is, about 660. The Greek memoirs of Publius Rutilius Rufus (consul in 649) are hardly to be regarded as an exception, since their author wrote them in exile at Smyrna.

31. IV. XI. Hellenism and Its Results

32. IV. XII. Education

33. IV. XII. Latin Instruction

34. The assertion, for instance, that the quaestors were nominated in the regal period by the burgesses, not by the king, is as certainly erroneous as it bears on its face the impress of a partisan character.

35. IV. XII. Course of Literature and Rhetoric

36. IV. XII. Course of Literature and Rhetoric

37. IV. XII. Course of Literature and Rhetoric

38. IV. X. Permanent and Special -Quaestiones-

39. Cato's book probably bore the title -De iuris disciplina- (Gell. xiii. 20), that of Brutus the title -De iure civili- (Cic. pro Cluent. 51, 141; De Orat. ii. 55, 223); that they were essentially collections of opinions, is shown by Cicero (De Orat. ii. 33, 142).

40. IV. VI. Collision between the Senate and Equites in the Administration of the Provinces, pp. 84, 205

41. IV. XII. Roman Stoa f.

42. IV. XI. Buildings

End of Book IV

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