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

to wield against that government the formidable weapons of its own forging, and to evoke out of the moral revolt of the good and the distress of the many the revolution which is in such a case legitimate. But if the game attempted with the fortunes of nations may be a merry one and may be played perhaps for a long time without molestation, it is a treacherous game, which in its own time entraps the players; and no one then blames the axe, if it is laid to the root of the tree that bears such fruits. For the Roman oligarchy this time had now come. The Pontic-Armenian war and the affair of the pirates became the proximate causes of the overthrow of the Sullan constitution and of the establishment of a revolutionary military dictatorship. CHAPTER III

The Fall of the Oligarchy and the Rule of Pompeius

Continued Subsistence of the Sullan Constitution

The Sullan constitution still stood unshaken. The assault, which Lepidus and Sertorius had ventured to make on it, had been repulsed with little loss. The government had neglected, it is true, to finish the half-completed building in the energetic spirit of its author. It is characteristic of the government, that it neither distributed the lands which Sulla had destined for allotment but had not yet parcelled out, nor directly abandoned the claim to them, but tolerated the former owners in provisional possession without regulating their title, and indeed even allowed various still undistributed tracts of Sullan domain-land to be arbitrarily taken possession of by individuals according to the old system of occupation, which was de jure and de facto set aside by the Gracchan reforms.(1) Whatever in the Sullan enactments was indifferent or inconvenient for the Optimates, was without scruple ignored or cancelled; for instance, the sentences under which whole communities were deprived of the right of citizenship, the prohibition against conjoining the new farms, and several of the privileges conferred by Sulla on particular communities—of course, without giving back to the communities the sums paid for these exemptions. But though these violations of the ordinances of Sulla by the government itself contributed to shake the foundations of his structure, the Sempronian laws were substantially abolished and remained so.

Attacks of the Democracy
Corn-Laws
Attempts to Restore the Tribunician Power

There was no lack, indeed, of men who had in view the re-establishment of the Gracchan constitution, or of projects to attain piecemeal in the way of constitutional reform what Lepidus and Sertorius had attempted by the path of revolution. The government had already under the pressure of the agitation of Lepidus immediately after the death of Sulla consented to a limited revival of the largesses of grain (676); and it did, moreover, what it could to satisfy the proletariate of the capital in regard to this vital question. When, notwithstanding those distributions, the high price of grain occasioned chiefly by piracy produced so oppressive a dearth in Rome as to lead to a violent tumult in the streets in 679, extraordinary purchases of Sicilian grain on account of the government relieved for the time the most severe distress; and a corn-law brought in by the consuls of 681 regulated for the future the purchases of Sicilian grain and furnished the government, although at the expense of the provincials, with better means of obviating similar evils. But the less material points of difference also—the restoration of the tribunician power in its old compass, and the setting aside of the senatorial tribunals— ceased not to form subjects of popular agitation; and in their case the government offered more decided resistance. The dispute regarding the tribunician magistracy was opened as early as 678, immediately after the defeat of Lepidus, by the tribune of the people Lucius Sicinius, perhaps a descendant of the man of the same name who had first filled this office more than four hundred years before; but it failed before the resistance offered to it by the active consul Gaius Curio. In 680 Lucius Quinctius resumed the agitation, but was induced by the authority of the consul Lucius Lucullus to desist from his purpose. The matter was taken up in the following year with greater zeal by Gaius Licinius Macer, who— in a way characteristic of the period—carried his literary studies into public life, and, just as he had read in the Annals, counselled the burgesses to refuse the conscription.

Attacks on the Senatorial Tribunals

Complaints also, only too well founded, prevailed respecting the bad administration of justice by the senatorial jurymen. The condemnation of a man of any influence could hardly be obtained. Not only did colleague feel reasonable compassion for colleague, those who had been or were likely to be accused for the poor sinner under accusation at the moment; the sale also of the votes of jurymen was hardly any longer exceptional. Several senators had been judicially convicted of this crime: men pointed with the finger at others equally guilty; the most respected Optimates, such as Quintus Catulus, granted in an open sitting of the senate that the complaints were quite well founded; individual specially striking cases compelled the senate on several occasions, e. g. in 680, to deliberate on measures to check the venality of juries, but only of course till the first outcry had subsided and the matter could be allowed to slip out of sight. The consequences of this wretched administration of justice appeared especially in a system of plundering and torturing the provincials, compared with which even previous outrages seemed tolerable and moderate. Stealing and robbing had been in some measure legitimized by custom; the commission on extortions might be regarded as an institution for taxing the senators returning from the provinces for the benefit of their colleagues that remained at home. But when an esteemed Siceliot, because he had not been ready to help the governor in a crime, was by the latter condemned to death in his absence and unheard; when even Roman burgesses, if they were not equites or senators, were in the provinces no longer safe from the rods and axes of the Roman magistrate, and the oldest acquisition of the Roman democracy—security of life and person—began to be trodden under foot by the ruling oligarchy; then even the public in the Forum at Rome had an ear for the complaints regarding its magistrates in the provinces, and regarding the unjust judges who morally shared the responsibility of such misdeeds. The opposition of course did not omit to assail its opponents in—what was almost the only ground left to it—the tribunals. The young Gaius Caesar, who also, so far as his age allowed, took zealous part in the agitation for the re-establishment of the tribunician power, brought to trial in 677 one of the most respected partisans of Sulla the consular Gnaeus Dolabella, and in the following year another Sullan officer Gaius Antonius; and Marcus Cicero in 684 called to account Gaius Verres, one of the most wretched of the creatures of Sulla, and one of the worst scourges of the provincials. Again and again were the pictures of that dark period of the proscriptions, the fearful sufferings of the provincials, the disgraceful state of Roman criminal justice, unfolded before the assembled multitude with all the pomp of Italian rhetoric, and with all the bitterness of Italian sarcasm, and the mighty dead as well as his living instruments were unrelentingly exposed to their wrath and scorn. The re-establishment of the full tribunician power, with the continuance of which the freedom, might, and prosperity of the republic seemed bound up as by a charm of primeval sacredness, the reintroduction of the "stern" equestrian tribunals, the renewal of the censorship, which Sulla had set aside, for the purifying of the supreme governing board from its corrupt and pernicious elements, were daily demanded with a loud voice by the orators of the popular party.

Want of Results from the Democratic Agitation

But with all this no progress was made. There was scandal and outcry enough, but no real result was attained by this exposure of the government according to and beyond its deserts. The material power still lay, so long as there was no military interference, in the hands of the burgesses of the capital; and the "people" that thronged the streets of Rome and made magistrates and laws in the Forum, was in fact nowise better than the governing senate. The government no doubt had to come to terms with the multitude, where its own immediate interest was at stake; this was the reason for the renewal of the Sempronian corn-law. But it was not to be imagined that this populace would have displayed earnestness on behalf of an idea or even of a judicious reform. What Demosthenes said of his Athenians was justly applied to the Romans of this period—the people were very zealous for action, so long as they stood round the platform and listened to proposals of reforms; but when they went home, no one thought further of what he had heard in the market-place. However those democratic agitators might stir the fire, it was to no purpose, for the inflammable material was wanting. The government knew this, and allowed no sort of concession to be wrung from it on important questions of principle; at the utmost it consented (about 682) to grant amnesty to a portion of those who had become exiles with Lepidus. Any concessions that did take place, came not so much from the pressure of the democracy as from the attempts at mediation of the moderate aristocracy. But of the two laws which the single still surviving leader of this section Gaius Cotta carried in his consulate of 679, that which concerned the tribunals was again set aside in the very next year; and the second, which abolished the Sullan enactment that those who had held the tribunate should be disqualified for undertaking other magistracies, but allowed the other limitations to continue, merely—like every half-measure—excited the displeasure of both parties.

The party of conservatives friendly to reform which lost its most notable head by the early death of Cotta occurring soon after (about 681) dwindled away more and more—crushed between the extremes, which were becoming daily more marked. But of these the party of the government, wretched and remiss as it was, necessarily retained the advantage in presence of the equally wretched and equally remiss opposition.

Quarrel between the Government and Their General Pompeius

But this state of matters so favourable to the government was altered, when the differences became more distinctly developed which subsisted between it and those of its partisans, whose hopes aspired to higher objects than the seat of honour in the senate and the aristocratic villa. In the first rank of these stood Gnaeus Pompeius. He was doubtless a Sullan; but we have already shown(2) how little he was at home among his own party, how his lineage, his past history, his hopes separated him withal from the nobility as whose protector and champion he was officially regarded. The breach already apparent had been widened irreparably during the Spanish campaigns of the general (677-683). With reluctance and semi-compulsion the government had associated him as colleague with their true representative Quintus Metellus; and in turn he accused the senate, probably not without ground, of having by its careless or malicious neglect of the Spanish armies brought about their defeats and placed the fortunes of the expedition in jeopardy. Now he returned as victor over his open and his secret foes, at the head of an army inured to war and wholly devoted to him, desiring assignments of land for his soldiers, a triumph and the consulship for himself. The latter demands came into collision with the law. Pompeius, although several times invested in an extraordinary way with supreme official authority, had not yet administered any ordinary magistracy, not even the quaestorship, and was still not a member of the senate; and none but one who had passed through the round of lesser ordinary magistracies could become consul, none but one who had been invested with the ordinary supreme power could triumph. The senate was legally entitled, if he became a candidate for the consulship, to bid him begin with the quaestorship; if he requested a triumph, to remind him of the great Scipio, who under like circumstances had renounced his triumph over conquered Spain. Nor was Pompeius less dependent constitutionally on the good will of the senate as respected the lands promised to his soldiers. But, although the senate—as with its feebleness even in animosity was very conceivable—should yield those points and concede to the victorious general, in return for his executioner's service against the democratic chiefs, the triumph, the consulate, and the assignations of land, an honourable annihilation in senatorial indolence among the long series of peaceful senatorial Imperators was the most favourable lot which the oligarchy was able to hold in readiness for the