The History of Rome, Theodor Mommsen [good english books to read txt] 📗

chiefs, and that the rule of the oligarchy was not materially endangered by increasing the number of the burgesses.

Punishments Inflicted on Particular Communities

But with this concession in principle was combined a most rigid inquisition, conducted by special commissioners with the co-operation of the garrisons distributed throughout Italy, in respect to particular communities in all districts of the land. Several towns were rewarded; for instance Brundisium, the first community which had joined Sulla, now obtained the exemption from customs so important for such a seaport; more were punished. The less guilty were required to pay fines, to pull down their walls, to raze their citadels; in the case of those whose opposition had been most obstinate the regent confiscated a part of their territory, in some cases even the whole of it—as it certainly might be regarded in law as forfeited, whether they were to be treated as burgess-communities which had borne arms against their fatherland, or as allied states which had waged war with Rome contrary to their treaties of perpetual peace. In this case all the dispossessed burgesses—but these only—were deprived of their municipal, and at the same time of the Roman, franchise, receiving in return the lowest Latin rights.(7) Sulla thus avoided furnishing the opposition with a nucleus in Italian subject-communities of inferior rights; the homeless dispossessed of necessity were soon lost in the mass of the proletariate. In Campania not only was the democratic colony of Capua done away and its domain given back to the state, as was naturally to be expected, but the island of Aenaria (Ischia) was also, probably about this time, withdrawn from the community of Neapolis. In Latium the whole territory of the large and wealthy city of Praeneste and presumably of Norba also was confiscated, as was likewise that of Spoletium in Umbria. Sulmo in the Paelignian district was even razed. But the iron arm of the regent fell with especial weight on the two regions which had offered a serious resistance up to the end and even after the battle at the Colline gate—Etruria and Samnium. There a number of the most considerable communes, such as Florentia, Faesulae, Arretium, Volaterrae, were visited with total confiscation. Of the fate of Samnium we have already spoken; there was no confiscation there, but the land was laid waste for ever, its flourishing towns, even the former Latin colony of Aesernia, were left in ruins, and the country was placed on the same footing with the Bruttian and Lucanian regions.

Assignations to the Soldiers

These arrangements as to the property of the Italian soil placed on the one hand those Roman domain-lands which had been handed over in usufruct to the former allied communities and now on their dissolution reverted to the Roman government, and on the other hand the confiscated territories of the communities incurring punishment, at the disposal of the regent; and he employed them for the purpose of settling thereon the soldiers of the victorious army. Most of these new settlements were directed towards Etruria, as for instance to Faesulae and Arretium, others to Latium and Campania, where Praeneste and Pompeii among other places became Sullan colonies. To repeople Samnium was, as we have said, no part of the regent's design. A great part of these assignations took place after the Gracchan mode, so that the settlers were attached to an already-existing urban community. The comprehensiveness of this settlement is shown by the number of land-allotments distributed, which is stated at 120,000; while yet some portions of land withal were otherwise applied, as in the case of the lands bestowed on the temple of Diana at Mount Tifata; others, such as the Volaterran domain and a part of the Arretine, remained undistributed; others in fine, according to the old abuse legally forbidden(8) but now reviving, were taken possession of on the part of Sulla's favourites by the right of occupation. The objects which Sulla aimed at in this colonization were of a varied kind. In the first place, he thereby redeemed the pledge given to his soldiers. Secondly, he in so doing adopted the idea, in which the reform-party and the moderate conservatives concurred, and in accordance with which he had himself as early as 666 arranged the establishment of a number of colonies— the idea namely of augmenting the number of the small agricultural proprietors in Italy by a breaking up of the larger possessions on the part of the government; how seriously he had this at heart is shown by the renewed prohibition of the throwing together of allotments. Lastly and especially, he saw in these settled soldiers as it were standing garrisons, who would protect his new constitution along with their own right of property. For this reason, where the whole territory was not confiscated, as at Pompeii, the colonists were not amalgamated with the urban-community, but the old burgesses and the colonists were constituted as two bodies of burgesses associated within the same enclosing wall. In other respects these colonial foundations were based, doubtless, like the older ones, on a decree of the people, but only indirectly, in so far as the regent constituted them by virtue of the clause of the Valerian law to that effect; in reality they originated from the ruler's plenitude of power, and so far recalled the freedom with which the former regal authority disposed of the state-property. But, in so far as the contrast between the soldier and the burgess, which was in other instances done away by the very sending out of the soldiers or colonists, was intended to remain, and did remain, in force in the Sullan colonies even after their establishment, and these colonists formed, as it were, the standing array of the senate, they are not incorrectly designated, in contradistinction to the older ones, as military colonies.

The Cornelian Freedmen in Rome

Akin to this practical constituting of a standing army for the senate was the measure by which the regent selected from the slaves of the proscribed upwards of 10,000 of the youngest and most vigorous men, and manumitted them in a body. These new Cornelians, whose civil existence was linked to the legal validity of the institutions of their patron, were designed to be a sort of bodyguard for the oligarchy and to help it to command the city populace, on which, indeed, in the absence of a garrison everything in the capital now primarily depended.

Abolition of the Gracchan Institutions

These extraordinary supports on which the regent made the oligarchy primarily to rest, weak and ephemeral as they doubtless might appear even to their author, were yet its only possible buttresses, unless expedients were to be resorted to—such as the formal institution of a standing army in Rome and other similar measures—which would have put an end to the oligarchy far sooner than the attacks of demagogues. The permanent foundation of the ordinary governing power of the oligarchy of course could not but be the senate, with a power so increased and so concentrated that it presented a superiority to its non-organized opponents at every single point of attack. The system of compromises followed for forty years was at an end. The Gracchan constitution, still spared in the first Sullan reform of 666, was now utterly set aside. Since the time of Gaius Gracchus the government had conceded, as it were, the right of -'emeute- to the proletariate of the capital, and bought it off by regular distributions of corn to the burgesses domiciled there; Sulla abolished these largesses. Gaius Gracchus had organized and consolidated the order of capitalists by the letting of the tenths and customs of the province of Asia in Rome; Sulla abolished the system of middlemen, and converted the former contributions of the Asiatics into fixed taxes, which were assessed on the several districts according to the valuation-rolls drawn up for the purpose of gathering in the arrears.(9) Gaius Gracchus had by entrusting the posts of jurymen to men of equestrian census procured for the capitalist class an indirect share in administering and in governing, which proved itself not seldom stronger than the official adminis-tration and government; Sulla abolished the equestrian and restored the senatorial courts. Gaius Gracchus or at any rate the Gracchan period had conceded to the equites a special place at the popular festivals, such as the senators had for long possessed;(10) Sulla abolished it and relegated the equites to the plebeian benches.(11) The equestrian order, created as such by Gaius Gracchus, was deprived of its political existence by Sulla. The senate was to exercise the supreme power in legislation, administration, and jurisdiction, unconditionally, indivisibly, and permanently, and was to be distinguished also by outward tokens not merely as a privileged, but as the only privileged, order.

Reorganization of the Senate
Its Complement Filled Up by Extraordinary Election
Admission to the Senate through the Quaestorship
Abolition of the Censorial Supervision of the Senate

For this purpose the governing board had, first of all, to have its ranks filled up and to be itself placed on a footing of independence. The numbers of the senators had been fearfully reduced by the recent crises. Sulla no doubt now gave to those who were exiled by the equestrian courts liberty to return, for instance to the consular Publius Rutilius Rufus,(12) who however made no use of the permission, and to Gaius Cotta the friend of Drusus;(13) but this made only slight amends for the gaps which the revolutionary and reactionary reigns of terror had created in the ranks of the senate. Accordingly by Sulla's directions the senate had its complement extraordinarily made up by about 300 new senators, whom the assembly of the tribes had to nominate from among men of equestrian census, and whom they selected, as may be conceived, chiefly from the younger men of the senatorial houses on the one hand, and from Sullan officers and others brought into prominence by the last revolution on the other. For the future also the mode of admission to the senate was regulated anew and placed on an essentially different basis. As the constitution had hitherto stood, men entered the senate either through the summons of the censors, which was the proper and ordinary way, or through the holding of one of the three curule magistracies—the consulship, the praetorship, or the aedileship— to which since the passing of the Ovinian law a seat and vote in the senate had been de jure attached.(14) The holding of an inferior magistracy, of the tribunate or the quaestorship, gave doubtless a claim de facto to a place in the senate—inasmuch as the censorial selection especially turned towards the men who had held such offices—but by no means a reversion de jure. Of these two modes of admission, Sulla abolished the former by setting aside—at least practically—the censorship, and altered the latter to the effect that the right of admission to the senate was attached to the quaestorship instead of the aedileship, and at the same time the number of quaestors to be annually nominated was raised to twenty.(15) The prerogative hitherto legally pertaining to the censors, although practically no longer exercised in its original serious sense—of deleting any senator from the roll, with a statement of the reasons for doing so, at the revisals which took place every five years (16)—likewise fell into abeyance for the future; the irremoveable character which had hitherto de facto belonged to the senators was thus finally fixed by Sulla. The total number of senators, which hitherto had presumably not much exceeded the old normal number of 300 and often perhaps had not even reached it, was by these means considerably augmented, perhaps on an average doubled(17)—an augmentation which was rendered necessary by the great increase of the duties of the senate through the transference to it of the functions of jurymen. As, moreover, both the extraordinarily admitted senators and the quaestors were nominated by the -comitia tributa-, the senate, hitherto resting indirectly on the election of the people,(18) was now based throughout on direct popular election; and thus made as close an approach to a representative government as was compatible with the nature of the oligarchy and the notions of antiquity generally. The senate had in course of time been converted from a corporation intended merely to advise the magistrates into a board commanding the magistrates and self-governing; it was only a consistent advance in the same direction, when the right of nominating and cancelling senators originally belonging to the magistrates was withdrawn from them, and the senate was placed on the same legal basis on which the magistrates' power itself rested. The extravagant prerogative of the censors to revise the list of the senate and to erase or add names at pleasure was in reality incompatible with an organized oligarchic constitution. As provision was now made for a sufficient regular recruiting of its ranks by the election of the quaestors, the censorial revisions became superfluous; and