The History of Rome by Theodor Mommsen (highly recommended books TXT) 📖
- Author: Theodor Mommsen
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Thus in the intellectual sphere Hellenism made advances quite as incessant as the efforts of the Romans to subject the earth to their sway; and the secondary nationalities, such as the Samnite, Celt, and Etruscan, hard pressed on both sides, were ever losing their inward vigour as well as narrowing their outward bounds.
Rome and the Romans of This Epoch
When the two great nations, both arrived at the height of their development, began to mingle in hostile or in friendly contact, their antagonism of character was at the same time prominently and fully brought out—the total want of individuality in the Italian and especially in the Roman character, as contrasted with the boundless variety, lineal, local, and personal, of Hellenism. There was no epoch of mightier vigour in the history of Rome than the epoch from the institution of the republic to the subjugation of Italy. That epoch laid the foundations of the commonwealth both within and without; it created a united Italy; it gave birth to the traditional groundwork of the national law and of the national history; it originated the -pilum- and the maniple, the construction of roads and of aqueducts, the farming of estates and the monetary system; it moulded the she-wolf of the Capitol and designed the Ficoroni casket. But the individuals, who contributed the several stones to this gigantic structure and cemented them together, have disappeared without leaving a trace, and the nations of Italy did not merge into that of Rome more completely than the single Roman burgess merged in the Roman community. As the grave closes alike over all whether important or insignificant, so in the roll of the Roman burgomasters the empty scion of nobility stands undistinguishable by the side of the great statesman. Of the few records that have reached us from this period none is more venerable, and none at the same time more characteristic, than the epitaph of Lucius Cornelius Scipio, who was consul in 456, and three years afterwards took part in the decisive battle of Sentinum.(49) On the beautiful sarcophagus, in noble Doric style, which eighty years ago still enclosed the dust of the conqueror of the Samnites, the following sentence is inscribed:—
-Cornelius Lucius—Scipio Barbatus,
Gnaivod patre prognatus, —fortis vir sapiensque,
Quoius forma virtu—tei parisuma fuit,
Consol censor aidilis—quei fuit apud vos,
Taurasia Cisauna—Samnio cepit,
Subigit omne Loucanum—opsidesque abdoucit.-
-'-'-'||-'-'-'_
Innumerable others who had been at the head of the Roman commonwealth, as well as this Roman statesman and warrior, might be commemorated as having been of noble birth and of manly beauty, valiant and wise; but there was no more to record regarding them. It is doubtless not the mere fault of tradition that no one of these Cornelii, Fabii, Papirii, or whatever they were called, confronts us in a distinct individual figure. The senator was supposed to be no worse and no better than other senators, nor at all to differ from them. It was not necessary and not desirable that any burgess should surpass the rest, whether by showy silver plate and Hellenic culture, or by uncommon wisdom and excellence. Excesses of the former kind were punished by the censor, and for the latter the constitution gave no scope. The Rome of this period belonged to no individual; it was necessary for all the burgesses to be alike, that each of them might be like a king.
Appius Claudius
No doubt, even now Hellenic individual development asserted its claims by the side of that levelling system; and the genius and force which it exhibited bear, no less than the tendency to which it opposed itself, the full stamp of that great age. We can name but a single man in connection with it; but he was, as it were, the incarnation of the idea of progress. Appius Claudius (censor 442; consul 447, 458), the great-great-grandson of the decemvir, was a man of the old nobility and proud of the long line of his ancestors; but yet it was he who set aside the restriction which confined the full franchise of the state to the freeholders,(50) and who broke up the old system of finance.(51) From Appius Claudius date not only the Roman aqueducts and highways, but also Roman jurisprudence, eloquence, poetry, and grammar. The publication of a table of the -legis actiones-, speeches committed to writing and Pythagorean sentences, and even innovations in orthography, are attributed to him. We may not on this account call him absolutely a democrat or include him in that opposition party which found its champion in Manius Curius;(52) in him on the contrary the spirit of the ancient and modern patrician kings predominated —the spirit of the Tarquins and the Caesars, between whom he forms a connecting link in that five hundred years' interregnum of extraordinary deeds and ordinary men. So long as Appius Claudius took an active part in public life, in his official conduct as well as his general carriage he disregarded laws and customs on all hands with the hardihood and sauciness of an Athenian; till, after having long retired from the political stage, the blind old man, returning as it were from the tomb at the decisive Moment, overcame king Pyrrhus in the senate, and first formally and solemnly proclaimed the complete sovereignty of Rome over Italy.(53) But the gifted man came too early or too late; the gods made him blind on account of his untimely wisdom. It was not individual genius that ruled in Rome and through Rome in Italy; it was the one immoveable idea of a policy—propagated from generation to generation in the senate—with the leading maxims of which the sons of the senators became already imbued, when in the company of their fathers they went to the council and there at the door of the hall listened to the wisdom of the men whose seats they were destined at some future time to fill. Immense successes were thus obtained at an immense price; for Nike too is followed by her Nemesis. In the Roman commonwealth there was no special dependence on any one man, either on soldier or on general, and under the rigid discipline of its moral police all the idiosyncrasies of human character were extinguished. Rome reached a greatness such as no other state of antiquity attained; but she dearly purchased her greatness at the sacrifice of the graceful variety, of the easy abandon and of the inward freedom of Hellenic life.
Notes for Book II Chapter VIII
1. I. XI. Punishment of Offenses against Order
2. II. I. Right of Appeal
3. II. III. The Senate, Its Composition
4. II. I. Law and Edict
5. II. III. Censorship, the Magistrates, Partition and Weakening of the Consular Powers
6. II. III. Laws Imposing Taxes
7. I. VI. Class of —Metoeci— Subsisting by the Side of the Community
8. I. V. The Housefather and His Household, note
9. II. III. Praetorship
10. II. III. Praetorship, II. V. Revision of the Municipal Constitutions, Police Judges
11. The view formerly adopted, that these -tres viri- belonged to the earliest period, is erroneous, for colleges of magistrates with odd numbers are foreign to the oldest state-arrangements (Chronol. p. 15, note 12). Probably the well-accredited account, that they were first nominated in 465 (Liv. Ep. 11), should simply be retained, and the otherwise suspicious inference of the falsifier Licinius Macer (in Liv. vii. 46), which makes mention of them before 450, should be simply rejected. At first undoubtedly the -tres viri- were nominated by the superior magistrates, as was the case with most of the later -magistratus minores-; the Papirian -plebiscitum-, which transferred the nomination of them to the community (Festus, -v. sacramentum-, p. 344, Niall.), was at any rate not issued till after the institution of the office of -praetor peregrinus-, or at the earliest towards the middle of the sixth century, for it names the praetor -qui inter jus cives ius dicit-.
12. II. VII. Subject Communities
13. This inference is suggested by what Livy says (ix. 20) as to the reorganization of the colony of Antium twenty years after it was founded; and it is self-evident that, while the Romans might very well impose on the inhabitant of Ostia the duty of settling all his lawsuits in Rome, the same course could not be followed with townships like Antium and Sena.
14. II. I. Restrictions on the Delegation of Powers
15. People are in the habit of praising the Romans as a nation specially privileged in respect to jurisprudence, and of gazing with wonder on their admirable law as a mystical gift of heaven; presumably by way of specially excusing themselves for the worthlessness of their own legal system. A glance at the singularly fluctuating and undeveloped criminal law of the Romans might show the untenableness of ideas so confused even to those who may think the proposition too simple, that a sound people has a sound law, and a morbid people an unsound. Apart from the more general political conditions on which jurisprudence also, and indeed jurisprudence
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