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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



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