The History of Rome by Theodor Mommsen (highly recommended books TXT) 📖

task of connecting Rome and Greece. Hellenic legend exhibits throughout an endeavour to keep pace with the gradual extension of geographical knowledge, and to form a dramatized geography by the aid of its numerous stories of voyagers and emigrants. In this, however, it seldom follows a simple course. An account like that of the earliest Greek historical work which mentions Rome, the "Sicilian History" of Antiochus of Syracuse (which ended in 330)—that a man named Sikelos had migrated from Rome to Italia, that is, to the Bruttian peninsula —such an account, simply giving a historical form to the family affinity between the Romans, Siculi, and Bruttians, and free from all Hellenizing colouring, is a rare phenomenon. Greek legend as a whole is pervaded—and the more so, the later its rise—by a tendency to represent the whole barbarian world as having either issued from the Greeks or having been subdued by them; and it early in this sense spun its threads also around the west. For Italy the legends of Herakles and of the Argonauts were of less importance—although Hecataeus (after 257) is already acquainted with the Pillars of Herakles, and carries the Argo from the Black Sea into the Atlantic Ocean, from the latter into the Nile, and thus back to the Mediterranean—than were the homeward voyages connected with the fall of Ilion. With the first dawn of information as to Italy Diomedes begins to wander in the Adriatic, and Odysseus in the Tyrrhene Sea;(18) as indeed the latter localization at least was naturally suggested by the Homeric conception of the legend. Down to the times of Alexander the countries on the Tyrrhene Sea belonged in Hellenic fable to the domain of the legend of Odysseus; Ephorus, who ended his history with the year 414, and the so-called Scylax (about 418) still substantially follow it. Of Trojan voyages the whole earlier poetry has no knowledge; in Homer Aeneas after the fall of Ilion rules over the Trojans that remained at home.

Stesichorus

It was the great remodeller of myths, Stesichorus (122-201) who first in his "Destruction of Ilion" brought Aeneas to the land of the west, that he might poetically enrich the world of fable in the country of his birth and of his adoption, Sicily and Lower Italy, by the contrast of the Trojan heroes with the Hellenic. With him originated the poetical outlines of this fable as thenceforward fixed, especially the group of the hero and his wife, his little son and his aged father bearing the household gods, departing from burning Troy, and the important identification of the Trojans with the Sicilian and Italian autochthones, which is especially apparent in the case of the Trojan trumpeter Misenus who gave his name to the promontory of Misenum.(19) The old poet was guided in this view by the feeling that the barbarians of Italy were less widely removed from the Hellenes than other barbarians were, and that the relation between the Hellenes and Italians might, when measured poetically, be conceived as similar to that between the Homeric Achaeans and the Trojans. This new Trojan fable soon came to be mixed up with the earlier legend of Odysseus, while it spread at the same time more widely over Italy. According to Hellanicus (who wrote about 350) Odysseus and Aeneas came through the country of the Thracians and Molottians (Epirus) to Italy, where the Trojan women whom they had brought with them burnt the ships, and Aeneas founded the city of Rome and named it after one of these Trojan women. To a similar effect, only with less absurdity, Aristotle (370-432) related that an Achaean squadron cast upon the Latin coast had been set on fire by Trojan female slaves, and that the Latins had originated from the descendants of the Achaeans who were thus compelled to remain there and of their Trojan wives. With these tales were next mingled elements from the indigenous legend, the knowledge of which had been diffused as far as Sicily by the active intercourse between Sicily and Italy, at least towards the end of this epoch. In the version of the origin of Rome, which the Sicilian Callias put on record about 465, the fables of Odysseus, Aeneas, and Romulus were intermingled.(20)

Timaeus

But the person who really completed the conception subsequently current of this Trojan migration was Timaeus of Tauromenium in Sicily, who concluded his historical work with 492. It is he who represents Aeneas as first founding Lavinium with its shrine of the Trojan Penates, and as thereafter founding Rome; he must also have interwoven the Tyrian princess Elisa or Dido with the legend of Aeneas, for with him Dido is the foundress of Carthage, and Rome and Carthage are said by him to have been built in the same year. These alterations were manifestly suggested by certain accounts that had reached Sicily respecting Latin manners and customs, in conjunction with the critical struggle which at the very time and place where Timaeus wrote was preparing between the Romans and the Carthaginians. In the main, however, the story cannot have been derived from Latium, but can only have been the good-for-nothing invention of the old "gossip-monger" himself. Timaeus had heard of the primitive temple of the household gods in Lavinium; but the statement, that these were regarded by the Lavinates as the Penates brought by the followers of Aeneas from Ilion, is as certainly an addition of his own, as the ingenious parallel between the Roman October horse and the Trojan horse, and the exact inventory taken of the sacred objects of Lavinium—there were, our worthy author affirms, heralds' staves of iron and copper, and an earthen vase of Trojan manufacture! It is true that these same Penates might not at all be seen by any one for centuries afterwards; but Timaeus was one of the historians who upon no matter are so fully informed as upon things unknowable. It is not without reason that Polybius, who knew the man, advises that he should in no case be trusted, and least of all where, as in this instance, he appeals to documentary proofs. In fact the Sicilian rhetorician, who professed to point out the grave of Thucydides in Italy, and who found no higher praise for Alexander than that he had finished the conquest of Asia sooner than Isocrates finished his "Panegyric," was exactly the man to knead the naive fictions of the earlier time into that confused medley on which the play of accident has conferred so singular a celebrity.

How far the Hellenic play of fable regarding Italian matters, as it in the first instance arose in Sicily, gained admission during this period even in Italy itself, cannot be ascertained with precision. Those links of connection with the Odyssean cycle, which we subsequently meet with in the legends of the foundation of Tusculum, Praeneste, Antium, Ardea, and Cortona, must probably have been already concocted at this period; and even the belief in the descent of the Romans from Trojan men or Trojan women must have been established at the close of this epoch in Rome, for the first demonstrable contact between Rome and the Greek east is the intercession of the senate on behalf of the "kindre" Ilians in 472. That the fable of Aeneas was nevertheless of comparatively recent origin in Italy, is shown by the extremely scanty measure of its localization as compared with the legend of Odysseus; and at any rate the final redaction of these tales, as well as their reconciliation with the legend of the origin of Rome, belongs only to the following age.

While in this way historical composition, or what was so called among the Hellenes, busied itself in its own fashion with the prehistoric times of Italy, it left the contemporary history of Italy almost untouched—a circumstance as significant of the sunken condition of Hellenic history, as it is to be for our sakes regretted. Theopompus of Chios (who ended his work with 418) barely noticed in passing the capture of Rome by the Celts; and Aristotle,(21) Clitarchus,(22) Theophrastus,(23) Heraclides of Pontus (about 450), incidentally mention particular events relating to Rome. It is only with Hieronymus of Cardia, who as the historian of Pyrrhus narrated also his Italian wars, that Greek historiography becomes at the same time an authority for the history of Rome.

Jurisprudence

Among the sciences, that of jurisprudence acquired an invaluable basis through the committing to writing of the laws of the city in the years 303, 304. This code, known under the name of the Twelve Tables, is perhaps the oldest Roman document that deserves the name of a book. The nucleus of the so-called -leges regiae- was probably not much more recent. These were certain precepts chiefly of a ritual nature, which rested upon traditional usage, and were probably promulgated to the general public under the form of royal enactments by the college of pontifices, which was entitled not to legislate but to point out the law. Moreover it may be presumed that from the commencement of this period the more important decrees of the senate at any rate—if not those of the people—were regularly recorded in writing; for already in the earliest conflicts between the orders disputes took place as to their preservation.(24)

Opinions—
Table of Formulae for Actions

While the mass of written legal documents thus increased, the foundations of jurisprudence in the proper sense were also firmly laid. It was necessary that both the magistrates who were annually changed and the jurymen taken from the people should be enabled to resort to men of skill, who were acquainted with the course of law and knew how to suggest a decision accordant with precedents or, in the absence of these, resting on reasonable grounds. The pontifices who were wont to be consulted by the people regarding court-days and on all questions of difficulty and of legal observance relating to the worship of the gods, delivered also, when asked, counsels and opinions on other points of law, and thus developed in the bosom of their college that tradition which formed the basis of Roman private law, more especially the formulae of action proper for each particular case. A table of formulae which embraced all these actions, along with a calendar which specified the court-days, was published to the people about 450 by Appius Claudius or by his clerk, Gnaeus Flavius. This attempt, however, to give formal shape to a science, that as yet hardly recognized itself, stood for a long time completely isolated.

That the knowledge of law and the setting it forth were even now a means of recommendation to the people and of attaining offices of state, may be readily conceived, although the story, that the first plebeian pontifex Publius Sempronius Sophus (consul 450), and the first plebeian pontifex maximus Tiberius Coruncanius (consul 474), were indebted for these priestly honours to their knowledge of law, is probably rather a conjecture of posterity than a statement of tradition.

Language

That the real genesis of the Latin and doubtless also of the other Italian languages was anterior to this period, and that even at its commencement the Latin language was substantially an accomplished fact, is evident from the fragments of the Twelve Tables, which, however, have been largely modernized by their semi-oral tradition. They contain doubtless a number of antiquated words and harsh combinations, particularly in consequence of omitting the indefinite subject; but their meaning by no means presents, like that of the Arval chant, any real difficulty, and they exhibit far more agreement with the language of Cato than with that of the ancient litanies. If the Romans at the beginning of the seventh century had difficulty in understanding documents of the fifth, the difficulty doubtless proceeded merely from the fact that there existed at that time in Rome no real, least of all any documentary, research.

Technical Style

On the other hand it must have been at this period, when the indication and redaction of law began, that the Roman technical style first established itself—a style which at least in its developed shape is nowise inferior to the modern legal phraseology of England in stereotyped formulae and turns of expression, endless enumeration of particulars, and long-winded periods; and which commends itself to the initiated by its clearness and precision, while the layman who does not understand it listens, according to his character and humour, with reverence, impatience, or chagrin.

Philology

Moreover at this epoch began the treatment of the native languages after a rational method. About its commencement the Sabellian as well as the Latin idiom threatened, as we saw,(25) to become barbarous, and the abrasion of endings and the corruption of the vowels and more delicate consonants spread on all hands, just as was the case with the Romanic languages in the fifth and sixth centuries of the Christian era. But a reaction set in: the sounds which had