Life in the case of the Roman was spent under conditions of austere restraint, and, the nobler he was, the less he was a free man. All-powerful custom restricted him to a narrow range of thought and action; and to have led a serious and strict or, to use the characteristic Latin expressions, a sad and severe life, was his glory. No one had more and no one had less to do than to keep his household in good order and manfully bear his part of counsel and action in public affairs. But, while the individual had neither the wish nor the power to be aught else than a member of the community, the glory and the might of that community were felt by every individual burgess as a personal possession to be transmitted along with his name and his homestead to his posterity; and thus, as one generation after another was laid in the tomb and each in succession added its fresh contribution to the stock of ancient honours, the collective sense of dignity in the noble families of Rome swelled into that mighty civic pride, the like of which the earth has never seen again, and the traces of which, as strange as they are grand, seem to us, wherever we meet them, to belong as it were to another world. It was one of the characteristic peculiarities of this powerful sense of citizenship, that it was, while not suppressed, yet compelled by the rigid simplicity and equality that prevailed among the citizens to remain locked up within the breast during life, and was only allowed to find expression after death; but then it was displayed in the funeral rites of the man of distinction so conspicuously and intensely, that this ceremonial is better fitted than any other phenomenon of Roman life to give to us who live in later times a glimpse of that wonderful spirit of the Romans.
A Roman Funeral
It was a singular procession, at which the burgesses were invited to be present by the summons of the public crier: "Yonder warrior is dead; whoever can, let him come to escort Lucius Aemilius; he is borne forth from his house." It was opened by bands of wailing women, musicians, and dancers; one of the latter was dressed out and furnished with a mask after the likeness of the deceased, and by gesture doubtless and action recalled once more to the multitude the appearance of the well-known man. Then followed the grandest and most peculiar part of the solemnity—the procession of ancestors—before which all the rest of the pageant so faded in comparison, that men of rank of the true Roman type enjoined their heirs to restrict the funeral ceremony to that procession alone. We have already mentioned that the face-masks of those ancestors who had filled the curule aedileship or any higher ordinary magistracy, wrought in wax and painted—modelled as far as possible after life, but not wanting even for the earlier ages up to and beyond the time of the kings—were wont to be placed in wooden niches along the walls of the family hall, and were regarded as the chief ornament of the house. When a death occurred in the family, suitable persons, chiefly actors, were dressed up with these face-masks and the corresponding official costume to take part in the funeral ceremony, so that the ancestors—each in the principal dress worn by him in his lifetime, the triumphator in his gold-embroidered, the censor in his purple, and the consul in his purple-bordered, robe, with their lictors and the other insignia of office—all in chariots gave the final escort to the dead. On the bier overspread with massive purple and gold-embroidered coverlets and fine linen cloths lay the deceased himself, likewise in the full costume of the highest office which he had filled, and surrounded by the armour of the enemies whom he had slain and by the chaplets which in jest or earnest he had won. Behind the bier came the mourners, all dressed in black and without ornament, the sons of the deceased with their heads veiled, the daughters without veil, the relatives and clansmen, the friends, the clients and freedmen. Thus the procession passed on to the Forum. There the corpse was placed in an erect position; the ancestors descended from their chariots and seated themselves in the curule chairs; and the son or nearest gentile kinsman of the deceased ascended the rostra, in order to announce to the assembled multitude in simple recital the names and deeds of each of the men sitting in a circle around him and, last of all, those of him who had recently died.
This may be called a barbarous custom, and a nation of artistic feelings would certainly not have tolerated the continuance of this odd resurrection of the dead down to an epoch of fully-developed civilization; but even Greeks who were very dispassionate and but little disposed to reverence, such as Polybius, were greatly impressed by the naive pomp of this funeral ceremony. It was a conception essentially in keeping with the grave solemnity, the uniform movement, and the proud dignity of Roman life, that departed generations should continue to walk, as it were, corporeally among the living, and that, when a burgess weary of labours and of honours was gathered to his fathers, these fathers themselves should appear in the Forum to receive him among their number.
The New Hellenism
But the Romans had now reached a crisis of transition. Now that the power of Rome was no longer confined to Italy but had spread far and wide to the east and to the west, the days of the old home life of Italy were over, and a Hellenizing civilization came in its room. It is true that Italy had been subject to the influence of Greece, ever since it had a history at all. We have formerly shown how the youthful Greece and the youthful Italy—both of them with a certain measure of simplicity and originality—gave and received intellectual impulses; and how at a later period Rome endeavoured after a more external manner to appropriate to practical use the language and inventions of the Greeks. But the Hellenism of the Romans of the present period was, in its causes as well as its consequences, something essentially new. The Romans began to feel the need of a richer intellectual life, and to be startled as it were at their own utter want of mental culture; and, if even nations of artistic gifts, such as the English and Germans, have not disdained in the pauses of their own productiveness to avail themselves of the miserable French culture for filling up the gap, it need excite no surprise that the Italian nation now flung itself with fervid zeal on the glorious treasures as well as on the dissolute filth of the intellectual development of Hellas. But it was an impulse still more profound and deep-rooted, which carried the Romans irresistibly into the Hellenic vortex. Hellenic civilization still doubtless called itself by that name, but it was Hellenic no longer; it was, in fact, humanistic and cosmopolitan. It had solved the problem of moulding a mass of different nations into one whole completely in the field of intellect, and to a certain extent also in that of politics; and, now when the same task on a wider scale devolved on Rome, she took over Hellenism along with the rest of the inheritance of Alexander the Great. Hellenism therefore was no longer a mere stimulus or accessory influence; it penetrated the Italian nation to the very core. Of course, the vigorous home life of Italy strove against the foreign element. It was only after a most vehement struggle that the Italian farmer abandoned the field to the cosmopolite of the capital; and, as in Germany the French coat called forth the national Germanic frock, so the reaction against Hellenism aroused in Rome a tendency which opposed the influence of Greece on principle, in a fashion altogether foreign to the earlier centuries, and in doing so fell pretty frequently into downright follies and absurdities.
Hellenism in Politics
No department of human action or thought remained unaffected by this struggle between the old fashion and the new. Even political relations were largely influenced by it The whimsical project of emancipating the Hellenes, the well deserved failure of which has already been described, the kindred, likewise Hellenic, idea of a common interest of republics in opposition to kings, and the desire of propagating Hellenic polity at the expense of eastern despotism—the two principles that helped to regulate, for instance, the treatment of Macedonia—were fixed ideas of the new school, just as dread of the Carthaginians was the fixed idea of the old; and, if Cato pushed the latter to a ridiculous excess, Philhellenism now and then indulged in extravagances at least quite as foolish. For example, the conqueror of king Antiochus not only had a statue of him self in Greek costume erected on the Capitol, but also, instead of calling himself in good Latin -Asiaticus-, assumed the unmeaning and anomalous, but yet magnificent and almost Greek, surname of —Asiagenus—.(1) A more important consequence of this attitude of the ruling nation towards Hellenism was, that the process of Latinizing gained ground everywhere in Italy except where it encountered the Hellenes. The cities of the Greeks in Italy, so far as the war had not destroyed them, remained Greek. Apulia, about which, it is true, the Romans gave themselves little concern, appears at this very epoch to have been thoroughly pervaded by Hellenism, and the local civilization there seems to have attained the level of the decaying Hellenic culture by its side. Tradition is silent on the matter; but the numerous coins of cities, uniformly furnished with Greek inscriptions, and the manufacture of painted clay-vases after the Greek style, which was carried on in that part of Italy alone with more ambition and gaudiness than taste, show that Apulia had completely adopted Greek habits and Greek art.
But the real struggle between Hellenism and its national antagonists during the present period was carried on in the field of faith, of manners, and of art and literature; and we must not omit to attempt some delineation of this great strife of principles, however difficult it may be to present a summary view of the myriad forms and aspects which the conflict assumed.
The National Religion and Unbelief
The extent to which the old simple faith still retained a living hold on the Italians is shown very clearly by the admiration or astonishment which this problem of Italian piety excited among the contemporary Greeks. On occasion of the quarrel with the Aetolians it was reported of the Roman commander-in-chief that during battle he was solely occupied in praying and sacrificing like a priest; whereas Polybius with his somewhat stale moralizing calls the attention of his countrymen to the political usefulness of this piety, and admonishes them that a state cannot consist of wise men alone, and that such ceremonies are very convenient for the sake of the multitude.
Religious Economy
But if Italy still possessed—what had long been a mere antiquarian curiosity in Hellas—a national religion, it was already visibly beginning to be ossified into theology. The torpor creeping over faith is nowhere perhaps so distinctly apparent as in the alterations in the economy of divine service and of the priesthood. The public service of the gods became not only more tedious, but above all more and more costly. In 558 there was added to the three old colleges of the augurs, pontifices, and keepers of oracles, a fourth consisting of three "banquet-masters" (-tres viri epulones-), solely for the important purpose of superintending the banquets of the gods. The priests, as well as the gods, were in fairness entitled to feast; new institutions, however, were not needed with that view, as every college applied itself with zeal and devotion to its convivial affairs. The clerical banquets were accompanied by the claim of clerical immunities. The priests even in times of grave embarrassment claimed the right of exemption from public burdens, and only after very troublesome controversy submitted to make payment of the taxes in arrear (558). To the individual, as well as to the community, piety became a more and more costly article. The custom of instituting endowments, and generally of undertaking permanent pecuniary obligations, for religious objects prevailed among the Romans in a manner similar to that of its prevalence in Roman Catholic countries at the present day. These endowments—particularly after they came to be regarded by the supreme spiritual and at the same time the supreme juristic authority in the state, the pontifices, as a real burden devolving -de jure- on every heir or other person acquiring the estate—began to form an extremely oppressive charge on property; "inheritance without sacrificial obligation" was a proverbial saying among the Romans somewhat similar to our "rose without a thorn." The dedication of a tenth of their substance became so common, that twice every month a public entertainment was given from the proceeds in the Forum Boarium at Rome. With the Oriental worship of the Mother of the Gods there was imported to Rome among other pious nuisances the practice, annually recurring on certain fixed days, of demanding penny-collections from house to house (-stipem cogere-). Lastly, the subordinate class of priests and soothsayers, as was reasonable, rendered no service without being paid for it; and beyond doubt the Roman dramatist sketched from life, when in the curtain-conversation between husband and wife he represents the account for pious services as ranking with the accounts for the cook, the nurse, and other customary presents:—
-Da mihi, vir,—quod dem Quinquatribus Praecantrici, conjectrici, hariolae atquc haruspicae; Tum piatricem clementer non potest quin munerem. Flagitium est, si nil mittetur, quo supercilio spicit.-
The Romans did not create a "God of gold," as they had formerly created a "God of silver";(2) nevertheless he reigned in reality alike over the highest and lowest spheres of religious life. The old pride of the Latin national religion—the moderation of its economic demands—was irrevocably gone.
Theology
At the same time its ancient simplicity also departed. Theology, the spurious offspring of reason and faith, was already occupied in introducing its own tedious prolixity and solemn inanity into the old homely national faith, and thereby expelling the true spirit of that faith. The catalogue of the duties and privileges of the priest of Jupiter, for instance, might well have a place in the Talmud. They pushed the natural rule—that no religious service can be acceptable to the gods unless it is free from flaw—to such an extent in practice, that a single sacrifice had to be repeated thirty times in succession on account of mistakes again and again committed, and that the games, which also formed a part of divine service, were regarded as undone if the presiding magistrate had committed any slip in word or deed or if the music even had paused at a wrong time, and so had to be begun afresh, frequently for several, even as many as seven, times in succession.
Irreligious Spirit
This exaggeration of conscientiousness was already a symptom of its incipient torpor; and the reaction against it—indifference and unbelief—failed not soon to appear. Even in the first Punic war (505) an instance occurred in which the consul himself made an open jest of consulting the auspices before battle—a consul, it is true, belonging to the peculiar clan of the Claudii, which alike in good and evil was ahead of its age. Towards the end of this epoch complaints were loudly made that the lore of the augurs was neglected, and that, to use the language of Cato, a number of ancient auguries and auspices were falling into oblivion through the indolence of the college. An augur like Lucius Paullus, who saw in the priesthood a science and not a mere title, was already a rare exception, and could not but be so, when the government more and more openly and unhesitatingly employed the auspices for the accomplishment of its political designs, or, in other words, treated the national religion in accordance with the view of Polybius as a superstition useful for imposing on the public at large. Where the way was thus paved, the Hellenistic irreligious spirit found free course. In connection with the incipient taste for art the sacred images of the gods began as early as the time of Cato to be employed, like other furniture, in adorning the chambers of the rich. More dangerous wounds were inflicted on religion by the rising literature. It could not indeed venture on open attacks, and such direct additions as were made by its means to religious conceptions —e.g. the Pater Caelus formed by Ennius from the Roman Saturnus in imitation of the Greek Uranos—were, while Hellenistic, of no great importance. But the diffusion of the doctrines of Epichar and Euhemerus in Rome was fraught with momentous consequences. The poetical philosophy, which the later Pythagoreans had extracted from the writings of the old Sicilian comedian Epicharmus of Megara (about 280), or rather had, at least for the most part, circulated under cover of his name, saw in the Greek gods natural substances, in Zeus the atmosphere, in the soul a particle of sun-dust, and so forth. In so far as this philosophy of nature, like the Stoic doctrine in later times, had in its most general outlines a certain affinity with the Roman religion, it was calculated to undermine the national religion by resolving it into allegory. A quasi-historical analysis of religion was given in the "Sacred Memoirs" of Euhemerus of Messene (about 450), which, under the form of reports on the travels of the author among the marvels of foreign lands, subjected to thorough and documentary sifting the accounts current as to the so-called gods, and resulted in the conclusion that there neither were nor are gods at all. To indicate the character of the book, it may suffice to mention the one fact, that the story of Kronos devouring his children is explained as arising out of the existence of cannibalism in the earliest times and its abolition by king Zeus. Notwithstanding, or even by virtue of, its insipidity and of its very obvious purpose, the production had an undeserved success in Greece, and helped, in concert with the current philosophies there, to bury the dead religion. It is a remarkable indication of the expressed and conscious antagonism between religion and the new philosophy that Ennius already translated into Latin those notoriously destructive writings of Epicharmus and Euhemerus. The translators may have justified themselves at the bar of Roman police by pleading that the attacks were directed only against the Greek, and not against the Latin, gods; but the evasion was tolerably transparent. Cato was, from his own point of view, quite right in assailing these tendencies indiscriminately, wherever they met him, with his own peculiar bitterness, and in calling even Socrates a corrupter of morals and offender against religion.
Home and Foreign Superstition
Thus the old national religion was visibly on the decline; and, as the great trees of the primeval forest were uprooted the soil became covered with a rank growth of thorns and of weeds that had never been seen before. Native superstitions and foreign impostures of the most various hues mingled, competed, and conflicted with each other. No Italian stock remained exempt from this transmuting of old faith into new superstition. As the lore of entrails and of lightning was cultivated among the Etruscans, so the liberal art of observing birds and conjuring serpent? flourished luxuriantly among the Sabellians and more particularly the Marsians. Even among the Latin nation, and in fact in Rome itself, we meet with similar phenomena, although they are, comparatively speaking, less conspicuous. Such for instance were the lots of Praeneste, and the remarkable discovery at Rome in 573 of the tomb and posthumous writings of the king Numa, which are alleged to have prescribed religious rites altogether strange and unheard of. But the credulous were to their regret not permitted to learn more than this, coupled with the fact that the books looked very new; for the senate laid hands on the treasure and ordered the rolls to be summarily thrown into the fire. The home manufacture was thus quite sufficient to meet such demands of folly as might fairly be expected; but the Romans were far from being content with it. The Hellenism of that epoch, already denationalized and pervaded by Oriental mysticism, introduced not only unbelief but also superstition in its most offensive and dangerous forms to Italy; and these vagaries moreover had quite a special charm, precisely because they were foreign.
Worship of Cybele
Chaldaean astrologers and casters of nativities were already in the sixth century spread throughout Italy; but a still more important event—one making in fact an epoch in the world's history—was the reception of the Phrygian Mother of the Gods among the publicly recognized divinities of the Roman state, to which the government had been obliged to give its consent during the last weary years of the Hannibalic war (550). A special embassy was sent for the purpose to Pessinus, a city in the territory of the Celts of Asia Minor; and the rough field-stone, which the priests of the place liberally presented to the foreigners as the real Mother Cybele, was received by the community with unparalleled pomp. Indeed, by way of perpetually commemorating the joyful event, clubs in which the members entertained each other in rotation were instituted among the higher classes, and seem to have materially stimulated the rising tendency to the formation of cliques. With the permission thus granted for the -cultus- of Cybele the worship of the Orientals gained a footing officially in Rome; and, though the government strictly insisted that the emasculate priests of the new gods should remain Celts (-Galli-) as they were called, and that no Roman burgess should devote himself to this pious eunuchism, yet the barbaric pomp of the "Great Mother" —her priests clad in Oriental costume with the chief eunuch at their head, marching in procession through the streets to the foreign music of fifes and kettledrums, and begging from house to house—and the whole doings, half sensuous, half monastic, must have exercised a most material influence over the sentiments and views of the people.
Worship of Bacchus
The effect was only too rapidly and fearfully apparent. A few years later (568) rites of the most abominable character came to the knowledge of the Roman authorities; a secret nocturnal festival in honour of the god Bacchus had been first introduced into Etruria through a Greek priest, and, spreading like a cancer, had rapidly reached Rome and propagated itself over all Italy, everywhere corrupting families and giving rise to the most heinous crimes, unparalleled unchastity, falsifying of testaments, and murdering by poison. More than 7000 men were sentenced to punishment, most of them to death, on this account, and rigorous enactments were issued as to the future; yet they did not succeed in repressing the ongoings, and six years later (574) the magistrate to whom the matter fell complained that 3000 men more had been condemned and still there appeared no end of the evil.
Repressive Measures
Of course all rational men were agreed in the condemnation of these spurious forms of religion—as absurd as they were injurious to the commonwealth: the pious adherents of the olden faith and the partisans of Hellenic enlightenment concurred in their ridicule of, and indignation at, this superstition. Cato made it an instruction to his steward, "that he was not to present any offering, or to allow any offering to be presented on his behalf, without the knowledge and orders of his master, except at the domestic hearth and on the wayside-altar at the Compitalia, and that he should consult no -haruspex-, -hariolus-, or -Chaldaeus-." The well-known question, as to how a priest could contrive to suppress laughter when he met his colleague, originated with Cato, and was primarily applied to the Etruscan -haruspex-. Much in the same spirit Ennius censures in true Euripidean style the mendicant soothsayers and their adherents:
-Sed superstitiosi vates impudentesque arioli, Aut inertes aut insani aut quibus egestas imperat, Qui sibi semitam non sapiunt, alteri monstrant viam, Quibus divitias pollicentur, ab eis drachumam ipsi petunt.-
But in such times reason from the first plays a losing game against unreason. The government, no doubt, interfered; the pious impostors were punished and expelled by the police; every foreign worship not specially sanctioned was forbidden; even the consulting of the comparatively innocent lot-oracle of Praeneste was officially prohibited in 512; and, as we have already said, those who took part in the Bacchanalia were rigorously prosecuted. But, when once men's heads are thoroughly turned, no command of the higher authorities avails to set them right again. How much the government was obliged to concede, or at any rate did concede, is obvious from what has been stated. The Roman custom, under which the state consulted Etruscan sages in certain emergencies and the government accordingly took steps to secure the traditional transmission of Etruscan lore in the noble families of Etruria, as well as the permission of the secret worship of Demeter, which was not immoral and was restricted to women, may probably be ranked with the earlier innocent and comparatively indifferent adoption of foreign rites. But the admission of the worship of the Mother of the Gods was a bad sign of the weakness which the government felt in presence of the new superstition, perhaps even of the extent to which it was itself pervaded by it; and it showed in like manner either an unpardonable negligence or something still worse, that the authorities only took steps against such proceedings as the Bacchanalia at so late a stage, and even then on an accidental information.
Austerity of Manners Catos's Family Life
The picture, which has been handed down to us of the life of Cato the Elder, enables us in substance to perceive how, according to the ideas of the respectable burgesses of that period, the private life of the Roman should be spent. Active as Cato was as a statesman, pleader, author, and mercantile speculator, family life always formed with him the central object of existence; it was better, he thought, to be a good husband than a great senator. His domestic discipline was strict. The servants were not allowed to leave the house without orders, nor to talk of what occurred to the household to strangers. The more severe punishments were not inflicted capriciously, but sentence was pronounced and executed according to a quasi-judicial procedure: the strictness with which offences were punished may be inferred from the fact, that one of his slaves who had concluded a purchase without orders from his master hanged himself on the matter coming to Cato's ears. For slight offences, such as mistakes committed in waiting at table, the consular was wont after dinner to administer to the culprit the proper number of lashes with a thong wielded by his own hand. He kept his wife and children in order no less strictly, but by other means; for he declared it sinful to lay hands on a wife or grown-up children in the same way as on slaves. In the choice of a wife he disapproved marrying for money, and recommended men to look to good descent; but he himself married in old age the daughter of one of his poor clients. Moreover he adopted views in regard to continence on the part of the husband similar to those which everywhere prevail in slave countries; a wife was throughout regarded by him as simply a necessary evil. His writings abound in invectives against the chattering, finery-loving, ungovernable fair sex; it was the opinion of the old lord that "all women are plaguy and proud," and that, "were men quit of women, our life might probably be less godless." On the other hand the rearing of children born in wedlock was a matter which touched his heart and his honour, and the wife in his eyes existed strictly and solely for the children's sake. She nursed them ordinarily herself, or, if she allowed her children to be suckled by female slaves, she also allowed their children in return to draw nourishment from her own breast; one of the few traits, which indicate an endeavour to mitigate the institution of slavery by ties of human sympathy—the common impulses of maternity and the bond of foster-brotherhood. The old general was present in person, whenever it was possible, at the washing and swaddling of his children. He watched with reverential care over their childlike innocence; he assures us that he was as careful lest he should utter an unbecoming word in presence of his children as if he had been in presence of the Vestal Virgins, and that he never before the eyes of his daughters embraced their mother, except when she had become alarmed during a thunder-storm. The education of the son was perhaps the noblest portion of his varied and variously honourable activity. True to his maxim, that a ruddy-checked boy was worth more than a pale one, the old soldier in person initiated his son into all bodily exercises, and taught him to wrestle, to ride, to swim, to box, and to endure heat and cold. But he felt very justly, that the time had gone by when it sufficed for a Roman to be a good farmer and soldier; and be felt also that it could not but have an injurious influence on the mind of his boy, if he should subsequently learn that the teacher, who had rebuked and punished him and had won his reverence, was a mere slave. Therefore he in person taught the boy what a Roman was wont to learn, to read and write and know the law of the land; and even in his later years he worked his way so far into the general culture of the Hellenes, that he was able to deliver to his son in his native tongue whatever in that culture he deemed to be of use to a Roman. All his writings were primarily intended for his son, and he wrote his historical work for that son's use with large distinct letters in his own hand. He lived in a homely and frugal style. His strict parsimony tolerated no expenditure on luxuries. He allowed no slave to cost him more than 1500 -denarii- (65 pounds) and no dress more than 100 -denarii- (4 pounds: 6 shillings); no carpet was to be seen in his house, and for a long time there was no whitewash on the walls of the rooms. Ordinarily he partook of the same fare with his servants, and did not buffer his outlay in cash for the meal to exceed 30 -asses- (2 shillings); in time of war even wine was uniformly banished from his table, and he drank water or, according to circumstances, water mixed with vinegar. On the other hand, he was no enemy to hospitality; he was fond of associating both with his club in town and with the neighbouring landlords in the country; he sat long at table, and, as his varied experience and his shrewd and ready wit made him a pleasant companion, he disdained neither the dice nor the wine-flask: among other receipts in his book on husbandry he even gives a tried recipe for the case of a too hearty meal and too deep potations. His life up to extreme old age was one of ceaseless activity. Every moment was apportioned and occupied; and every evening he was in the habit of turning over in his mind what he had heard, said, or done during the day. Thus he found time for his own affairs as well as for those of his friends and of the state, and time also for conversation and pleasure; everything was done quickly and without many words, and his genuine spirit of activity hated nothing so much as bustle or a great ado about trifles. So lived the man who was regarded by his contemporaries and by posterity as the true model of a Roman burgess, and who appeared as it were the living embodiment of the—certainly somewhat coarse-grained—energy and probity of Rome in contrast with Greek indolence and Greek immorality; as a later Roman poet says:
-Sperne mores transmarinos, mille habent offucias. Cive Romano per orbem nemo vivit rectius. Quippe malim unum Catonem, quam trecentos Socratas.- (3)
Such judgments will not be absolutely adopted by history; but every one who carefully considers the revolution which the degenerate Hellenism of this age accomplished in the modes of life and thought among the Romans, will be inclined to heighten rather than to lessen that condemnation of the foreign manners.
New Manners
The ties of family life became relaxed with fearful rapidity. The evil of grisettes and boy-favourites spread like a pestilence, and, as matters stood, it was not possible to take any material steps in the way of legislation against it. The high tax, which Cato as censor (570) laid on this most abominable species of slaves kept for luxury, would not be of much moment, and besides fell practically into disuse a year or two afterwards along with the property-tax generally. Celibacy—as to which grave complaints were made as early as 520—and divorces naturally increased in proportion. Horrible crimes were perpetrated in the bosom of families of the highest rank; for instance, the consul Gaius Calpurnius Piso was poisoned by his wife and his stepson, in order to occasion a supplementary election to the consulship and so to procure the supreme magistracy for the latter —a plot which was successful (574). Moreover the emancipation of women began. According to old custom the married woman was subject in law to the marital power which was parallel with the paternal, and the unmarried woman to the guardianship of her nearest male -agnati-, which fell little short of the paternal power; the wife had no property of her own, the fatherless virgin and the widow had at any rate no right of management. But now women began to aspire to independence in respect to property, and, getting quit of the guardianship of their -agnati- by evasive lawyers' expedients —particularly through mock marriages—they took the management of their property into their own hands, or, in the event of being married, sought by means not much better to withdraw themselves from the marital power, which under the strict letter of the law was necessary. The mass of capital which was collected in the hands of women appeared to the statesmen of the time so dangerous, that they resorted to the extravagant expedient of prohibiting by law the testamentary nomination of women as heirs (585), and even sought by a highly arbitrary practice to deprive women for the most part of the collateral inheritances which fell to them without testament. In like manner the exercise of family jurisdiction over women, which was connected with that marital and tutorial power, became practically more and more antiquated. Even in public matters women already began to have a will of their own and occasionally, as Cato thought, "to rule the rulers of the world;" their influence was to be traced in the burgess-assembly, and already statues were erected in the provinces to Roman ladies.
Luxury
Luxury prevailed more and more in dress, ornaments, and furniture, in buildings and at table. Especially after the expedition to Asia Minor in 564 Asiatico-Hellenic luxury, such as prevailed at Ephesus and Alexandria, transferred its empty refinement and its dealing in trifles, destructive alike of money, time, and pleasure, to Rome. Here too women took the lead: in spite of the zealous invective of Cato they managed to procure the abolition, after the peace with Cartilage (559), of the decree of the people passed soon after the battle of Cannae (539), which forbade them to use gold ornaments, variegated dresses, or chariots; no course was left to their zealous antagonist but to impose a high tax on those articles (570). A multitude of new and for the most part frivolous articles—silver plate elegantly figured, table-couches with bronze mounting, Attalic dresses as they were called, and carpets of rich gold brocade—now found their way to Rome. Above all, this new luxury appeared in the appliances of the table. Hitherto without exception the Romans had only partaken of hot dishes once a day; now hot dishes were not unfrequently produced at the second meal (-prandium-), and for the principal meal the two courses formerly in use no longer sufficed. Hitherto the women of the household had themselves attended to the baking of bread and cooking; and it was only on occasion of entertainments that a professional cook was specially hired, who in that case superintended alike the cooking and the baking. Now, on the other hand, a scientific cookery began to prevail. In the better houses a special cook was kept The division of labour became necessary, and the trade of baking bread and cakes branched off from that of cooking—the first bakers' shops in Rome appeared about 583. Poems on the art of good eating, with long lists of the most palatable fishes and other marine products, found their readers: and the theory was reduced to practice. Foreign delicacies—anchovies from Pontus, wine from Greece—began to be esteemed in Rome, and Cato's receipt for giving to the ordinary wine of the country the flavour of Coan by means of brine would hardly inflict any considerable injury on the Roman vintners. The old decorous singing and reciting of the guests and their boys were supplanted by Asiatic -sambucistriae-. Hitherto the Romans had perhaps drunk pretty deeply at supper, but drinking- banquets in the strict sense were unknown; now formal revels came into vogue, on which occasions the wine was little or not at all diluted and was drunk out of large cups, and the drink-pledging, in which each was bound to follow his neighbour in regular succession, formed the leading feature—"drinking after the Greek style" (-Graeco more bibere-) or "playing the Greek" (-pergraecari-, -congraecare-) as the Romans called it. In consequence of this debauchery dice-playing, which had doubtless long been in use among the Romans, reached such proportions that it was necessary for legislation to interfere. The aversion to labour and the habit of idle lounging were visibly on the increase.(4) Cato proposed to have the market paved with pointed stones, in order to put a stop to the habit of idling; the Romans laughed at the jest and went on to enjoy the pleasure of loitering and gazing all around them.
Increase of Amusements
We have already noticed the alarming extension of the popular amusements during this epoch. At the beginning of it, apart from some unimportant foot and chariot races which should rather be ranked with religious ceremonies, only a single general festival was held in the month of September, lasting four days and having a definitely fixed maximum of cost.(5) At the close of the epoch, this popular festival had a duration of at least six days; and besides this there were celebrated at the beginning of April the festival of the Mother of the Gods or the so-called Megalensia, towards the end of April that of Ceres and that of Flora, in June that of Apollo, in November the Plebeian games—all of them probably occupying already more days than one. To these fell to be added the numerous cases where the games were celebrated afresh—in which pious scruples presumably often served as a mere pretext—and the incessant extraordinary festivals. Among these the already-mentioned banquets furnished from the dedicated tenths(6) the feasts of the gods, the triumphal and funeral festivities, were conspicuous; and above all the festal games which were celebrated—for the first time in 505—at the close of one of those longer periods which were marked off by the Etrusco-Roman religion, the -saecula-, as they were called. At the same time domestic festivals were multiplied. During the second Punic war there were introduced, among people of quality, the already-mentioned banquetings on the anniversary of the entrance of the Mother of the Gods (after 550), and, among the lower orders, the similar Saturnalia (after 537), both under the influence of the powers henceforth closely allied—the foreign priest and the foreign cook. A very near approach was made to that ideal condition in which every idler should know where he might kill time every day; and this in a commonwealth where formerly action had been with all and sundry the very object of existence, and idle enjoyment had been proscribed by custom as well as by law! The bad and demoralizing elements in these festal observances, moreover, daily acquired greater ascendency. It is true that still as formerly the chariot races formed the brilliant finale of the national festivals; and a poet of this period describes very vividly the straining expectancy with which the eyes of the multitude were fastened on the consul, when he was on the point of giving the signal for the chariots to start. But the former amusements no longer sufficed; there was a craving for new and more varied spectacles. Greek athletes now made their appearance (for the first time in 568) alongside of the native wrestlers and boxers. Of the dramatic exhibitions we shall speak hereafter: the transplanting of Greek comedy and tragedy to Rome was a gain perhaps of doubtful value, but it formed at any rate the best of the acquisitions made at this time. The Romans had probably long indulged in the sport of coursing hares and hunting foxes in presence of the public; now these innocent hunts were converted into formal baitings of wild animals, and the wild beasts of Africa—lions and panthers—were (first so far as can be proved in 568) transported at great cost to Rome, in order that by killing or being killed they might serve to glut the eyes of the gazers of the capital. The still more revolting gladiatorial games, which prevailed in Campania and Etruria, now gained admission to Rome; human blood was first shed for sport in the Roman forum in 490. Of course these demoralizing amusements encountered severe censure: the consul of 486, Publius Sempronius Sophus, sent a divorce to his wife, because she had attended funeral games; the government carried a decree of the people prohibiting the bringing over of wild beasts to Rome, and strictly insisted that no gladiators should appear at the public festivals. But here too it wanted either the requisite power or the requisite energy: it succeeded, apparently, in checking the practice of baiting animals, but the appearance of sets of gladiators at private festivals, particularly at funeral celebrations, was not suppressed. Still less could the public be prevented from preferring the comedian to the tragedian, the rope-dancer to the comedian, the gladiator to the rope-dancer; or the stage be prevented from revelling by choice amidst the pollution of Hellenic life. Whatever elements of culture were contained in the scenic and artistic entertainments were from the first thrown aside; it was by no means the object of the givers of the Roman festivals to elevate—though it should be but temporarily—the whole body of spectators through the power of poetry to the level of feeling of the best, as the Greek stage did in the period of its prime, or to prepare an artistic pleasure for a select circle, as our theatres endeavour to do. The character of the managers and spectators in Rome is illustrated by a scene at the triumphal games in 587, where the first Greek flute-players, on their melodies failing to please, were instructed by the director to box with one another instead of playing, upon which the delight would know no bounds.
Nor was the evil confined to the corruption of Roman manners by Hellenic contagion; conversely the scholars began to demoralize their instructors. Gladiatorial games, which were unknown in Greece, were first introduced by king Antiochus Epiphanes (579-590), a professed imitator of the Romans, at the Syrian court, and, although they excited at first greater horror than pleasure in the Greek public, which was more humane and had more sense of art than the Romans, yet they held their ground likewise there, and gradually came more and more into vogue.
As a matter of course, this revolution in life and manners brought an economic revolution in its train. Residence in the capital became more and more coveted as well as more costly. Rents rose to an unexampled height. Extravagant prices were paid for the new articles of luxury; a barrel of anchovies from the Black Sea cost 1600 sesterces (16 pounds)—more than the price of a rural slave; a beautiful boy cost 24,000 sesterces (240 pounds)—more than many a farmer's homestead. Money therefore, and nothing but money, became the watchword with high and low. In Greece it had long been the case that nobody did anything for nothing, as the Greeks themselves with discreditable candour allowed: after the second Macedonian war the Romans began in this respect also to imitate the Greeks. Respectability had to provide itself with legal buttresses; pleaders, for instance, had to be prohibited by decree of the people from taking money for their services; the jurisconsults alone formed a noble exception, and needed no decree of the people to compel their adherence to the honourable custom of giving good advice gratuitously. Men did not, if possible, steal outright; but all shifts seemed allowable in order to attain rapidly to riches—plundering and begging, cheating on the part of contractors and swindling on the part of speculators, usurious trading in money and in grain, even the turning of purely moral relations such as friendship and marriage to economic account. Marriage especially became on both sides an object of mercantile speculation; marriages for money were common, and it appeared necessary to refuse legal validity to the' presents which the spouses made to each other. That, under such a state of things, plans for setting fire on all sides to the capital came to the knowledge of the authorities, need excite no surprise. When man no longer finds enjoyment in work, and works merely in order to attain as quickly as possible to enjoyment, it is a mere accident that he does not become a criminal. Destiny had lavished all the glories of power and riches with liberal hand on the Romans; but, in truth, the Pandora's box was a gift of doubtful value.
Notes for Chapter XIII
1. That —Asiagenus— was the original title of the hero of Magnesia and of his descendants, is established by coins and inscriptions; the fact that the Capitoline Fasti call him -Asiaticus- is one of several traces indicating that these have undergone a non-contemporary revision. The former surname can only he a corruption of —Asiagenus— —the form which later authors substituted for it—which signifies not the conqueror of Asia, but an Asiatic by birth.
2. II. VIII. Religion
3. [In the first edition of this translation I gave these lines in English on the basis of Dr. Mommsen's German version, and added in a note that I had not been able to find the original. Several scholars whom I consulted were not more successful; and Dr. Mommsen was at the time absent from Berlin. Shortly after the first edition appeared, I received a note from Sir George Cornewall Lewis informing me that I should find them taken from Florus (or Floridus) in Wernsdorf, Poetae Lat. Min. vol. iii. p. 487. They were accordingly given in the revised edition of 1868 from the Latin text Baehrens (Poet. Lat. Min. vol. iv. p. 347) follows Lucian Muller in reading -offucia-. —TR.]
4. A sort of -parabasis- in the -Curculio- of Plautus describes what went on in the market-place of the capital, with little humour perhaps, but with life-like distinctness.
-Conmonstrabo, quo in quemque hominem facile inveniatis loco, Ne nimio opere sumat operam, si quis conventum velit Vel vitiosum vel sine vitio, vel probum vel inprobum. Qui perjurum convenire volt hominem, ito in comitium; Qui mendacem et gloriosum, apud Cloacinae sacrum. [Ditis damnosos maritos sub basilica quaerito. Ibidem erunt scorta exoleta quique stipulari solent.] Symbolarum conlatores apud forum piscarium. In foro infumo boni homines atque dites ambulant; In medio propter canalem ibi ostentatores meri. Confidentes garrulique et malevoli supra lacum, Qui alteri de nihilo audacter dicunt contumeliam Et qui ipsi sat habent quod in se possit vere dicier. Sub veteribus ibi sunt, qui dant quique accipiunt faenore. Pone aedem Castoris ibi sunt, subito quibus credas male. In Tusco vico ibi sunt homines, qui ipsi sese venditant. In Velabro vel pistorem vel lanium vel haruspicem Vel qui ipsi vorsant, vel qui aliis, ut vorsentur, praebeant. Ditis damnosos maritos apud Leucadiam Oppiam.-
The verses in brackets are a subsequent addition, inserted after the building of the first Roman bazaar (570). The business of the baker (-pistor-, literally miller) embraced at this time the sale of delicacies and the providing accommodation for revellers (Festus, Ep. v. alicariae, p. 7, Mull.; Plautus, Capt. 160; Poen. i. a, 54; Trin. 407). The same was the case with the butchers. Leucadia Oppia may have kept a house of bad fame.
5. II. IX. The Roman National Festival
6. III. XIII. Religious Economy
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Egypt and Syria, or even merely to carry it on abroad with Italian capital. Flax indeed was cultivated in Italy and purple dye was prepared there, but the latter branch of industry at least belonged essentially to the Greek Tarentum, and probably the import of Egyptian linen and Milesian or Tyrian purple even now preponderated everywhere over the native manufacture.
Under this category, however, falls to some extent the leasing or purchase by Roman capitalists of landed estates beyond Italy, with a view to carry on the cultivation of grain and the rearing of cattle on a great scale. This species of speculation, which afterwards developed to proportions so enormous, probably began particularly in Sicily, within the period now before us; seeing that the commercial restrictions imposed on the Siceliots,(18) if not introduced for the very purpose, must have at least tended to give to the Roman speculators, who were exempt from such restrictions, a sort of monopoly of the profits derivable from land.
Management of Business by Slaves
Business in all these different branches was uniformly carried on by means of slaves. The money-lenders and bankers instituted, throughout the range of their business, additional counting-houses and branch banks under the direction of their slaves and freedmen. The company, which had leased the customs-duties from the state, appointed chiefly its slaves and freedmen to levy them at each custom-house. Every one who took contracts for buildings bought architect-slaves; every one who undertook to provide spectacles or gladiatorial games on account of those giving them purchased or trained a company of slaves skilled in acting, or a band of serfs expert in the trade of fighting. The merchant imported his wares in vessels of his own under the charge of slaves or freedmen, and disposed of them by the same means in wholesale or retail. We need hardly add that the working of mines and manufactories was conducted entirely by slaves. The situation of these slaves was, no doubt, far from enviable, and was throughout less favourable than that of slaves in Greece; but, if we leave out of account the classes last mentioned, the industrial slaves found their position on the whole more tolerable than the rural serfs. They had more frequently a family and a practically independent household, with no remote prospect of obtaining freedom and property of their own. Hence such positions formed the true training school of those upstarts from the servile class, who by menial virtues and often by menial vices rose to the rank of Roman citizens and not seldom attained great prosperity, and who morally, economically, and politically contributed at least as much as the slaves themselves to the ruin of the Roman commonwealth.
Extent of Roman Mercantile Transactions Coins and Moneys
The Roman mercantile transactions of this period fully kept pace with the contemporary development of political power, and were no less grand of their kind. Any one who wishes to have a clear idea of the activity of the traffic with other lands, needs only to look into the literature, more especially the comedies, of this period, in which the Phoenician merchant is brought on the stage speaking Phoenician, and the dialogue swarms with Greek and half Greek words and phrases. But the extent and zealous prosecution of Roman business-dealings may be traced most distinctly by means of coins and monetary relations. The Roman denarius quite kept pace with the Roman legions. We have already mentioned(19) that the Sicilian mints—last of all that of Syracuse in 542—were closed or at any rate restricted to small money in consequence of the Roman conquest, and that in Sicily and Sardinia the -denarius- obtained legal circulation at least side by side with the older silver currency and probably very soon became the exclusive legal tender. With equal if not greater rapidity the Roman silver coinage penetrated into Spain, where the great silver-mines existed and there was virtually no earlier national coinage; at a very early period the Spanish towns even began to coin after the Roman standard.(20) On the whole, as Carthage coined only to a very limited extent,(21) there existed not a single important mint in addition to that of Rome in the region of the western Mediterranean, with the exception of that of Massilia and perhaps also those of the Illyrian Greeks in Apollonia and Dyrrhachium. Accordingly, when the Romans began to establish themselves in the region of the Po, these mints were about 525 subjected to the Roman standard in such a way, that, while they retained the right of coining silver, they uniformly —and the Massiliots in particular—were led to adjust their —drachma— to the weight of the Roman three-quarter -denarius-, which the Roman government on its part began to coin, primarily for the use of Upper Italy, under the name of the "coin of victory" (-victoriatus- ). This new system, dependent on the Roman, not merely prevailed throughout the Massiliot, Upper Italian, and Illyrian territories; but these coins even penetrated into the barbarian lands on the north, those of Massilia, for instance, into the Alpine districts along the whole basin of the Rhone, and those of Illyria as far as the modern Transylvania. The eastern half of the Mediterranean was not yet reached by the Roman money, as it had not yet fallen under the direct sovereignty of Rome; but its place was filled by gold, the true and natural medium for international and transmarine commerce. It is true that the Roman government, in conformity with its strictly conservative character, adhered—with the exception of a temporary coinage of gold occasioned by the financial embarrassment during the Hannibalic war(22)—steadfastly to the rule of coining silver only in addition to the national-Italian copper; but commerce had already assumed such dimensions, that it was able even in the absence of money to conduct its transactions with gold by weight. Of the sum in cash, which lay in the Roman treasury in 597, scarcely a sixth was coined or uncoined silver, five-sixths consisted of gold in bars,(23) and beyond doubt the precious metals were found in all the chests of the larger Roman capitalists in substantially similar proportions. Already therefore gold held the first place in great transactions; and, as may be further inferred from this fact, in general commerce the preponderance belonged to that carried on with foreign lands, and particularly with the east, which since the times of Philip and Alexander the Great had adopted a gold currency.
Roman Wealth
The whole gain from these immense transactions of the Roman capitalists flowed in the long run to Rome; for, much as they went abroad, they were not easily induced to settle permanently there, but sooner or later returned to Rome, either realizing their gains and investing them in Italy, or continuing to carry on business from Rome as a centre by means of the capital and connections which they had acquired. The moneyed superiority of Rome as compared with the rest of the civilized world was, accordingly, quite as decided as its political and military ascendency. Rome in this respect stood towards other countries somewhat as the England of the present day stands towards the Continent—a Greek, for instance, observes of the younger Scipio Africanus, that he was not rich "for a Roman." We may form some idea of what was considered as riches in the Rome of those days from the fact, that Lucius Paullus with an estate of 60 talents (14,000 pounds) was not reckoned a wealthy senator, and that a dowry—such as each of the daughters of the elder Scipio Africanus received—of 50 talents (12,000 pounds) was regarded as a suitable portion for a maiden of quality, while the estate of the wealthiest Greek of this century was not more than 300 talents (72,000 pounds).
Mercantile Spirit
It was no wonder, accordingly, that the mercantile spirit took possession of the nation, or rather—for that was no new thing in Rome—that the spirit of the capitalist now penetrated and pervaded all other aspects and stations of life, and agriculture as well as the government of the state began to become enterprises of capitalists. The preservation and increase of wealth quite formed a part of public and private morality. "A widow's estate may diminish;" Cato wrote in the practical instructions which he composed for his son, "a man must increase his means, and he is deserving of praise and full of a divine spirit, whose account-books at his death show that he has gained more than he has inherited." Wherever, therefore, there was giving and counter-giving, every transaction although concluded without any sort of formality was held as valid, and in case of necessity the right of action was accorded to the party aggrieved if not by the law, at any rate by mercantile custom and judicial usage;(24) but the promise of a gift without due form was null alike in legal theory and in practice. In Rome, Polybius tells us, nobody gives to any one unless he must do so, and no one pays a penny before it falls due, even among near relatives. The very legislation yielded to this mercantile morality, which regarded all giving away without recompense as squandering; the giving of presents and bequests and the undertaking of sureties were subjected to restriction at this period by decree of the burgesses, and heritages, if they did not fall to the nearest relatives, were at least taxed. In the closest connection with such views mercantile punctuality, honour, and respectability pervaded the whole of Roman life. Every ordinary man was morally bound to keep an account-book of his income and expenditure—in every well-arranged house, accordingly, there was a separate account-chamber (-tablinum-)—and every one took care that he should not leave the world without having made his will: it was one of the three matters in his life which Cato declares that he regretted, that he had been a single day without a testament. Those household books were universally by Roman usage admitted as valid evidence in a court of justice, nearly in the same way as we admit the evidence of a merchant's ledger. The word of a man of unstained repute was admissible not merely against himself, but also in his own favour; nothing was more common than to settle differences between persons of integrity by means of an oath demanded by the one party and taken by the other—a mode of settlement which was reckoned valid even in law; and a traditional rule enjoined the jury, in the absence of evidence, to give their verdict in the first instance for the man of unstained character when opposed to one who was less reputable, and only in the event of both parties being of equal repute to give it in favour of the defendant.(25) The conventional respectability of the Romans was especially apparent in the more and more strict enforcement of the rule, that no respectable man should allow himself to be paid for the performance of personal services. Accordingly, magistrates, officers, jurymen, guardians, and generally all respectable men entrusted with public functions, received no other recompense for the services which they rendered than, at most, compensation for their outlays; and not only so, but the services which acquaintances (-amici-) rendered to each other—such as giving security, representation in lawsuits, custody (-depositum-), lending the use of objects not intended to be let on hire (-commodatum-), the managing and attending to business in general (-procuratio-)—were treated according to the same principle, so that it was unseemly to receive any compensation for them and an action was not allowable even where a compensation had been promised. How entirely the man was merged in the merchant, appears most distinctly perhaps in the substitution of a money-payment and an action at law for the duel —even for the political duel—in the Roman life of this period. The usual form of settling questions of personal honour was this: a wager was laid between the offender and the party offended as to the truth or falsehood of the offensive assertion, and under the shape of an action for the stake the question of fact was submitted in due form of law to a jury; the acceptance of such a wager when offered by the offended or offending party was, just like the acceptance of a challenge to a duel at the present day, left open in law, but was often in point of honour not to be avoided.
Associations
One of the most important consequences of this mercantile spirit, which displayed itself with an intensity hardly conceivable by those not engaged in business, was the extraordinary impulse given to the formation of associations. In Rome this was especially fostered by the system already often mentioned whereby the government had its business transacted through middlemen: for from the extent of the transactions it was natural, and it was doubtless often required by the state for the sake of greater security, that capitalists should undertake such leases and contracts not as individuals, but in partnership. All great dealings were organized on the model of these state-contracts. Indications are even found of the occurrence among the Romans of that feature so characteristic of the system of association—a coalition of rival companies in order jointly to establish monopolist prices.(26) In transmarine transactions more especially and such as were otherwise attended with considerable risk, the system of partnership was so extensively adopted, that it practically took the place of insurances, which were unknown to antiquity. Nothing was more common than the nautical loan, as it was called—the modern "bottomry"—by which the risk and gain of transmarine traffic were proportionally distributed among the owners of the vessel and cargo and all the capitalists advancing money for the voyage. It was, however, a general rule of Roman economy that one should rather take small shares in many speculations than speculate independently; Cato advised the capitalist not to fit out a single ship with his money, but in concert with forty-nine other capitalists to send out fifty ships and to take an interest in each to the extent of a fiftieth part. The greater complication thus introduced into business was overcome by the Roman merchant through his punctual laboriousness and his system of management by slaves and freedmen —which, regarded from the point of view of the pure capitalist, was far preferable to our counting-house system. Thus these mercantile companies, with their hundred ramifications, largely influenced the economy of every Roman of note. There was, according to the testimony of Polybius, hardly a man of means in Rome who had not been concerned as an avowed or silent partner in leasing the public revenues; and much more must each have invested on an average a considerable portion of his capital in mercantile associations generally.
All this laid the foundation for that endurance of Roman wealth, which was perhaps still more remarkable than its magnitude. The phenomenon, unique perhaps of its kind, to which we have already called attention(27)—that the standing of the great clans remained almost the same throughout several centuries—finds its explanation in the somewhat narrow but solid principles on which they managed their mercantile property.
Moneyed Aristocracy
In consequence of the one-sided prominence assigned to capital in the Roman economy, the evils inseparable from a pure capitalist system could not fail to appear.
Civil equality, which had already received a fatal wound through the rise of the ruling order of lords, suffered an equally severe blow in consequence of the line of social demarcation becoming more and more distinctly drawn between the rich and the poor. Nothing more effectually promoted this separation in a downward direction than the already-mentioned rule—apparently a matter of indifference, but in reality involving the utmost arrogance and insolence on the part of the capitalists—that it was disgraceful to take money for work; a wall of partition was thus raised not merely between the common day- labourer or artisan and the respectable landlord or manufacturer, but also between the soldier or subaltern and the military tribune, and between the clerk or messenger and the magistrate. In an upward direction a similar barrier was raised by the Claudian law suggested by Gaius Flaminius (shortly before 536), which prohibited senators and senators' sons from possessing sea-going vessels except for the transport of the produce of their estates, and probably also from participating in public contracts—forbidding them generally from carrying on whatever the Romans included under the head of "speculation" (-quaestus-).(28) It is true that this enactment was not called for by the senators; it was on the contrary a work of the democratic opposition, which perhaps desired in the first instance merely to prevent the evil of members of the governing class personally entering into dealings with the government. It may be, moreover, that the capitalists in this instance, as so often afterwards, made common cause with the democratic party, and seized the opportunity of diminishing competition by the exclusion of the senators. The former object was, of course, only very imperfectly attained, for the system of partnership opened up to the senators ample facilities for continuing to speculate in secret; but this decree of the people drew a legal line of demarcation between those men of quality who did not speculate at all or at any rate not openly and those who did, and it placed alongside of the aristocracy which was primarily political an aristocracy which was purely moneyed—the equestrian order, as it was afterwards called, whose rivalries with the senatorial order fill the history of the following century.
Sterility of the Capitalist Question
A further consequence of the one-sided power of capital was the disproportionate prominence of those branches of business which were the most sterile and the least productive for the national economy as a whole. Industry, which ought to have held the highest place, in fact occupied the lowest. Commerce flourished; but it was universally passive, importing, but not exporting. Not even on the northern frontier do the Romans seem to have been able to give merchandise in exchange for the slaves, who were brought in numbers from the Celtic and probably even from the Germanic territories to Ariminum and the other markets of northern Italy; at least as early as 523 the export of silver money to the Celtic territory was prohibited by the Roman government. In the intercourse with Greece, Syria, Egypt, Cyrene, and Carthage, the balance of trade was necessarily unfavourable to Italy. Rome began to become the capital of the Mediterranean states, and Italy to become the suburbs of Rome; the Romans had no wish to be anything more, and in their opulent indifference contented themselves with a passive commerce, such as every city which is nothing more than a capital necessarily carries on—they possessed, forsooth, money enough to pay for everything which they needed or did not need. On the other hand the most unproductive of all sorts of business, the traffic in money and the farming of the revenue, formed the true mainstay and stronghold of the Roman economy. And, lastly, whatever elements that economy had contained for the production of a wealthy middle class, and of a lower one making enough for its subsistence, were extinguished by the unhappy system of employing slaves, or, at the best, contributed to the multiplication of the troublesome order of freedmen.
The Capitalists and Public Opinion
But above all the deep rooted immorality, which is inherent in an economy of pure capital, ate into the heart of society and of the commonwealth, and substituted an absolute selfishness for humanity and patriotism. The better portion of the nation were very keenly sensible of the seeds of corruption which lurked in that system of speculation; and the instinctive hatred of the great multitude, as well as the displeasure of the well-disposed statesman, was especially directed against the trade of the professional money-lender, which for long had been subjected to penal laws and still continued under the letter of the law amenable to punishment. In a comedy of this period the money-lender is told that the class to which he belongs is on a parallel with the -lenones- —
-Eodem hercle vos pono et paro; parissumi estis ibus. Hi saltem in occultis locis prostant: vos in foro ipso. Vos fenore, hi male suadendo et lustris lacerant homines. Rogitationes plurimas propter vos populus scivit, Quas vos rogatas rumpitis: aliquam reperitis rimam. Quasi aquam ferventem frigidam esse, ita vos putatis leges.-
Cato the leader of the reform party expresses himself still more emphatically than the comedian. "Lending money at interest," he says in the preface to his treatise on agriculture, "has various advantages; but it is not honourable. Our forefathers accordingly ordained, and inscribed it among their laws, that the thief should be bound to pay twofold, but the man who takes interest fourfold, compensation; whence we may infer how much worse a citizen they deemed the usurer than the thief." There is no great difference, he elsewhere considers, between a money-lender and a murderer; and it must be allowed that his acts did not fall short of his words—when governor of Sardinia, by his rigorous administration of the law he drove the Roman bankers to their wits' end. The great majority of the ruling senatorial order regarded the system of the speculators with dislike, and not only conducted themselves in the provinces on the whole with more integrity and honour than these moneyed men, but often acted as a restraint on them. The frequent changes of the Roman chief magistrates, however, and the inevitable inequality in their mode of handling the laws, necessarily abated the effort to check such proceedings.
Reaction of the Capitalist System on Agriculture
The Romans perceived moreover—as it was not difficult to perceive —that it was of far more consequence to give a different direction to the whole national economy than to exercise a police control over speculation; it was such views mainly that men like Cato enforced by precept and example on the Roman agriculturist. "When our forefathers," continues Cato in the preface just quoted, "pronounced the eulogy of a worthy man, they praised him as a worthy farmer and a worthy landlord; one who was thus commended was thought to have received the highest praise. The merchant I deem energetic and diligent in the pursuit of gain; but his calling is too much exposed to perils and mischances. On the other hand farmers furnish the bravest men and the ablest soldiers; no calling is so honourable, safe, and free from odium as theirs, and those who occupy themselves with it are least liable to evil thoughts." He was wont to say of himself, that his property was derived solely from two sources —agriculture and frugality; and, though this was neither very logical in thought nor strictly conformable to the truth,(29) yet Cato was not unjustly regarded by his contemporaries and by posterity as the model of a Roman landlord. Unhappily it is a truth as remarkable as it is painful, that this husbandry, commended so much and certainly with so entire good faith as a remedy, was itself pervaded by the poison of the capitalist system. In the case of pastoral husbandry this was obvious; for that reason it was most in favour with the public and least in favour with the party desirous of moral reform. But how stood the case with agriculture itself? The warfare, which from the third onward to the fifth century capital had waged against labour, by withdrawing under the form of interest on debt the revenues of the soil from the working farmers and bringing them into the hands of the idly consuming fundholder, had been settled chiefly by the extension of the Roman economy and the throwing of the capital which existed in Latium into the field of mercantile activity opened up throughout the range of the Mediterranean. Now even the extended field of business was no longer able to contain the increased mass of capital; and an insane legislation laboured simultaneously to compel the investment of senatorial capital by artificial means in Italian estates, and systematically to reduce the value of the arable land of Italy by interference with the prices of grain. Thus there began a second campaign of capital against free labour or—what was substantially the same thing in antiquity—against the small farmer system; and, if the first had been bad, it yet seemed mild and humane as compared with the second. The capitalists no longer lent to the farmer at interest —a course, which in itself was not now practicable because the petty landholder no longer aimed at any considerable surplus, and was moreover not sufficiently simple and radical—but they bought up the farms and converted them, at the best, into estates managed by stewards and worked by slaves. This likewise was called agriculture; it was essentially the application of the capitalist system to the production of the fruits of the soil. The description of the husbandmen, which Cato gives, is excellent and quite just; but how does it correspond to the system itself, which he portrays and recommends? If a Roman senator, as must not unfrequently have been the case, possessed four such estates as that described by Cato, the same space, which in the olden time when small holdings prevailed had supported from 100 to 150 farmers' families, was now occupied by one family of free persons and about 50, for the most part unmarried, slaves. If this was the remedy by which the decaying national economy was to be restored to vigour, it bore, unhappily, an aspect of extreme resemblance to the disease.
Development of Italy
The general result of this system is only too clearly obvious in the changed proportions of the population. It is true that the condition of the various districts of Italy was very unequal, and some were even prosperous. The farms, instituted in great numbers in the region between the Apennines and the Po at the time of its colonization, did not so speedily disappear. Polybius, who visited that quarter not long after the close of the present period, commends its numerous, handsome, and vigorous population: with a just legislation as to corn it would doubtless have been possible to make the basin of the Po, and not Sicily the granary of the capital. In like manner Picenum and the so-called -ager Gallicus- acquired a numerous body of farmers through the distributions of domain-land consequent on the Flaminian law of 522—a body, however, which was sadly reduced in the Hannibalic war. In Etruria, and perhaps also in Umbria, the internal condition of the subject communities was unfavourable to the flourishing of a class of free farmers, Matters were better in Latium—which could not be entirely deprived of the advantages of the market of the capital, and which had on the whole been spared by the Hannibalic war—as well as in the secluded mountain-valleys of the Marsians and Sabellians. On the other hand the Hannibalic war had fearfully devastated southern Italy and had ruined, in addition to a number of smaller townships, its two largest cities, Capua and Tarentum, both once able to send into the field armies of 30,000 men. Samnium had recovered from the severe wars of the fifth century: according to the census of 529 it was in a position to furnish half as many men capable of arms as all the Latin towns, and it was probably at that time, next to the -ager Romanus-, the most flourishing region of the peninsula. But the Hannibalic war had desolated the land afresh, and the assignations of land in that quarter to the soldiers of Scipio's army, although considerable, probably did not cover the loss. Campania and Apulia, both hitherto well-peopled regions, were still worse treated in the same war by friend and foe. In Apulia, no doubt, assignations of land took place afterwards, but the colonies instituted there were not successful. The beautiful plain of Campania remained more populous; but the territory of Capua and of the other communities broken up in the Hannibalic war became state-property, and the occupants of it were uniformly not proprietors, but petty temporary lessees. Lastly, in the wide Lucanian and Bruttian territories the population, which was already very thin before the Hannibalic war, was visited by the whole severity of the war itself and of the penal executions that followed in its train; nor was much done on the part of Rome to revive the agriculture there—with the exception perhaps of Valentia (Vibo, now Monteleone), none of the colonies established there attained real prosperity.
Falling Off in the Population
With every allowance for the inequality in the political and economic circumstances of the different districts and for the comparatively flourishing condition of several of them, the retrogression is yet on the whole unmistakeable, and it is confirmed by the most indisputable testimonies as to the general condition of Italy. Cato and Polybius agree in stating that Italy was at the end of the sixth century far weaker in population than at the end of the fifth, and was no longer able to furnish armies so large as in the first Punic war. The increasing difficulty of the levy, the necessity of lowering the qualification for service in the legions, and the complaints of the allies as to the magnitude of the contingents to be furnished by them, confirm these statements; and, in the case of the Roman burgesses, the numbers tell the same tale. In 502, shortly after the expedition of Regulus to Africa, they amounted to 298,000 men capable of bearing arms; thirty years later, shortly before the commencement of the Hannibalic war (534), they had fallen off to 270,000, or about a tenth, and again twenty years after that, shortly before the end of the same war (550), to 214,000, or about a fourth; and a generation afterwards—during which no extraordinary losses occurred, but the institution of the great burgess-colonies in the plain of northern Italy in particular occasioned a perceptible and exceptional increase —the numbers of the burgesses had hardly again reached the point at which they stood at the commencement of this period. If we had similar statements regarding the Italian population generally, they would beyond all doubt exhibit a deficit relatively still more considerable. The decline of the national vigour less admits of proof; but it is stated by the writers on agriculture that flesh and milk disappeared more and more from the diet of the common people. At the same time the slave population increased, as the free population declined. In Apulia, Lucania, and the Bruttian land, pastoral husbandry must even in the time of Cato have preponderated over agriculture; the half-savage slave-herdsmen were here in reality masters in the house. Apulia was rendered so insecure by them that a strong force had to be stationed there; in 569 a slave-conspiracy planned on the largest scale, and mixed up with the proceedings of the Bacchanalia, was discovered there, and nearly 7000 men were condemned as criminals. In Etruria also Roman troops had to take the field against a band of slaves (558), and even in Latium there were instances in which towns like Setia and Praeneste were in danger of being surprised by a band of runaway serfs (556). The nation was visibly diminishing, and the community of free burgesses was resolving itself into a body composed of masters and slaves; and, although it was in the first instance the two long wars with Carthage which decimated and ruined both the burgesses and the allies, the Roman capitalists beyond doubt contributed quite as much as Hamilcar and Hannibal to the decline in the vigour and the numbers of the Italian people. No one can say whether the government could have rendered help; but it was an alarming and discreditable fact, that the circles of the Roman aristocracy, well-meaning and energetic as in great part they were, never once showed any insight into the real gravity of the situation or any foreboding of the full magnitude of the danger. When a Roman lady belonging to the high nobility, the sister of one of the numerous citizen-admirals who in the first Punic war had ruined the fleets of the state, one day got among a crowd in the Roman Forum, she said aloud in the hearing of those around, that it was high time to place her brother once more at the head of the fleet and to relieve the pressure in the market-place by bleeding the citizens afresh (508). Those who thus thought and spoke were, no doubt, a small minority; nevertheless this outrageous speech was simply a forcible expression of the criminal indifference with which the whole noble and rich world looked down on the common citizens and farmers.
They did not exactly desire their destruction, but they allowed it to run its course; and so desolation advanced with gigantic steps over the flourishing land of Italy, where countless free men had just been enjoying a moderate and merited prosperity.
Notes for Chapter XII
1. In order to gain a correct picture of ancient Italy, it is necessary for us to bear in mind the great changes which have been produced there by modern cultivation. Of the -cerealia-, rye was not cultivated in antiquity; and the Romans of the empire were astonished to rind that oats, with which they were well acquainted as a weed, was used by the Germans for making porridge. Rice was first cultivated in Italy at the end of the fifteenth, and maize at the beginning of the seventeenth, century. Potatoes and tomatoes were brought from America; artichokes seem to be nothing but a cultivated variety of the cardoon which was known to the Romans, yet the peculiar character superinduced by cultivation appears of more recent origin. The almond, again, or "Greek nut," the peach, or "Persian nut," and also the "soft nut" (-nux mollusca-), although originally foreign to Italy, are met with there at least 150 years before Christ. The date-palm, introduced into Italy from Greece as into Greece from the East, and forming a living attestation of the primitive commercial-religious intercourse between the west and the east, was already cultivated in Italy 300 years before Christ (Liv. x. 47; Pallad. v. 5, 2; xi. 12, i) not for its fruit (Plin. H. N. xiii. 4, 26), but, just as in the present day, as a handsome plant, and for the sake of the leaves which were used at public festivals. The cherry, or fruit of Cerasus on the Black Sea, was later in being introduced, and only began to be planted in Italy in the time of Cicero, although the wild cherry is indigenous there; still later, perhaps, came the apricot, or "Armenian plum." The citron-tree was not cultivated in Italy till the later ages of the empire; the orange was only introduced by the Moors in the twelfth or thirteenth, and the aloe (Agave Americana) from America only in the sixteenth, century. Cotton was first cultivated in Europe by the Arabs. The buffalo also and the silkworm belong only to modern, not to ancient Italy.
It is obvious that the products which Italy had not originally are for the most part those very products which seem to us truly "Italian;" and if modern Germany, as compared with the Germany visited by Caesar, may be called a southern land, Italy has since in no less degree acquired a "more southern" aspect.
2. II. III. Licinio-Sextian Laws
3. According to Cato, de R. R, 137 (comp. 16), in the case of a lease with division of the produce the gross produce of the estate, after deduction of the fodder necessary for the oxen that drew the plough, was divided between lessor and lessee (-colonus partiarius-) in the proportions agreed upon between them. That the shares were ordinarily equal may be conjectured from the analogy of the French -bail a cheptel- and the similar Italian system of half-and-half leases, as well as from the absence of all trace of any other scheme of partition. It is erroneous to refer to the case of the -politor-, who got the fifth of the grain or, if the division took place before thrashing, from the sixth to the ninth sheaf (Cato, 136, comp. 5); he was not a lessee sharing the produce, but a labourer assumed in the harvest season, who received his daily wages according to that contract of partnership (III. XII. Spirit of the System).
4. The lease lirst assumed real importance when the Roman capitalists began to acquire transmarine possessions on a great scale; then indeed they knew how to value it, when a temporary lease was continued through several generations (Colum. i. 7, 3).
5. That the space between the vines was occupied not by grain, but only at the most by such fodder plants as easily grew in the shade, is evident from Cato (33, comp. 137), and accordingly Columella (iii. 3) calculates on no other accessory gain in the case of a vineyard except the produce of the young shoots sold. On the other hand, the orchard (-arbustum-) was sown like any corn field (Colum. ii. 9, 6). It was only where the vine was trained on living trees that corn was cultivated in the intervals between them.
6. Mago, or his translator (in Varro, R. R., i. 17, 3), advises that slaves should not be bred, but should be purchased not under 22 years of age; and Cato must have had a similar course in view, as the personal staff of his model farm clearly shows, although he does not exactly say so. Cato (2) expressly counsels the sale of old and diseased slaves. The slave-breeding described by Columella (I. I. Italian History), under which female slaves who had three sons were exempted from labour, and the mothers of four sons were even manumitted, was doubtless an independent speculation rather than a part of the regular management of the estate—similar to the trade pursued by Cato himself of purchasing slaves to be trained and sold again (Plutarch, Cat. Mai. 21). The characteristic taxation mentioned in this same passage probably has reference to the body of servants properly so called (-familia urbana-).
7. In this restricted sense the chaining of slaves, and even of the sons of the family (Dionys. ii. 26), was very old; and accordingly chained field-labourers are mentioned by Cato as exceptions, to whom, as they could not themselves grind, bread had to be supplied instead of grain (56). Even in the times of the empire the chaining of slaves uniformly presents itself as a punishment inflicted definitively by the master, provisionally by the steward (Colum. i. 8; Gai. i. 13; Ulp. i. ii). If, notwithstanding, the tillage of the fields by means of chained slaves appeared in subsequent times as a distinct system, and the labourers' prison (-ergastulum-)—an underground cellar with window-aperatures numerous but narrow and not to be reached from the ground by the hand (Colum. i. 6)—became a necessary part of the farm- buildings, this state of matters was occasioned by the fact that the position of the rural serfs was harder than that of other slaves and therefore those slaves were chiefly taken for it, who had, or seemed to have, committed some offence. That cruel masters, moreover, applied the chains without any occasion to do so, we do not mean to deny, and it is clearly indicated by the circumstance that the law- books do not decree the penalties applicable to slave transgressors against those in chains, but prescribe the punishment of the half- chained. It was precisely the same with branding; it was meant to be, strictly, a punishment; but the whole flock was probably marked (Diodor. xxxv. 5; Bernays, —Phokytides—, p. xxxi.).
8. Cato does not expressly say this as to the vintage, but Varro does so (I. II. Relation of the Latins to the Umbro-Samnites), and it is implied in the nature of the case. It would have been economically an error to fix the number of the slaves on a property by the standard of the labours of harvest; and least of all, had such been the case, would the grapes have been sold on the tree, which yet was frequently done (Cato, 147).
9. Columella (ii. 12, 9) reckons to the year on an average 45 rainy days and holidays; with which accords the statement of Tertullian (De Idolol. 14), that the number of the heathen festival days did not come up to the fifty days of the Christian festal season from Easter to Whitsunday. To these fell to be added the time of rest in the middle of winter after the completion of the autumnal bowing, which Columella estimates at thirty days. Within this time, doubtless, the moveable "festival of seed-sowing" (-feriae sementivae-; comp. i. 210 and Ovid. Fast, i. 661) uniformly occurred. This month of rest must not be confounded with the holidays for holding courts in the season of the harvest (Plin. Ep. viii. 21, 2, et al.) and vintage.
10. III. I. The Carthaginian Dominion in Africa
11. The medium price of grain in the capital may be assumed at least for the seventh and eighth centuries of Rome at one -denarius- for the Roman -modius-, or 2 shillings 8 pence per bushel of wheat, for which there is now paid (according to the average of the prices in the provinces of Brandenburg and Pomerania from 1816 to 1841) about 3 shillings 5 pence. Whether this not very considerable difference between the Roman and the modern prices depends on a rise in the value of corn or on a fall in the value of silver, can hardly be decided.
It is very doubtful, perhaps, whether in the Rome of this and of later times the prices of corn really fluctuated more than is the case in modern times. If we compare prices like those quoted above, of 4 pence and 5 pence for the bushel and a half, with those of the worst times of war-dearth and famine—such as in the second Punic war when the same quantity rose to 9 shillings 7 pence (1 -medimnus- = 15 — drachmae—; Polyb. ix. 44), in the civil war to 19 shillings 2 pence (1 -modius- = 5 -denarii-; Cic. Verr. iii. 92, 214), in the great dearth under Augustus, even to 21 shillings 3 pence (5 -modii- =27 1/2 -denarii-; Euseb. Chron. p. Chr. 7, Scal.)—the difference is indeed immense; but such extreme cases are but little instructive, and might in either direction be found recurring under the like conditions at the present day.
12. II. VIII. Farming of Estates
13. Accordingly Cato calls the two estates, which he describes, summarily "olive-plantation" (-olivetum-) and "vineyard" (-vinea-), although not wine and oil merely, but grain also and other products were cultivated there. If indeed the 800 -culei-, for which the possessor of the vineyard is directed to provide himself with casks (11), formed the maximum of a year's vintage, the whole of the 100 -jugera- must have been planted with vines, because a produce of 8 -culei- per -jugerum- was almost unprecedented (Colum. iii. 3); but Varro (i. 22) understood, and evidently with reason, the statement to apply to the case of the possessor of a vineyard who found it necessary to make the new vintage before he had sold the old.
14. That the Roman landlord made on an average 6 per cent from his capital, may be inferred from Columella, iii. 3, 9. We have a more precise estimate of the expense and produce only in the case of the vine yard, for which Columella gives the following calculation of the cost per -jugerum-:
Price of the ground 1000 sesterces. Price of the slaves who work it 1143 (proportion to-jugerum-) Vines and stakes 2000 Loss of interest during the first two years 497 —— Total 4640 sesterces= 47 pounds.
He calculates the produce as at any rate 60 -amphorae-, worth at least 900 sesterces (9 pounds), which would thus represent a return of 17 per cent. But this is somewhat illusory, as, apart from bad harvests, the cost of gathering in the produce (III. XII. Spirit of the System), and the expenses of the maintenance of the vines, stakes, and slaves, are omitted from the estimate.
The gross produce of meadow, pasture, and forest is estimated by the same agricultural writer as, at most, 100 sesterces per -jugerum-, and that of corn land as less rather than more: in fact, the average return of 25 -modii- of wheat per -jugerum- gives, according to the average price in the capital of 1 -denarius- per -modius-, not more than 100 sesterces for the gross proceeds, and at the seat of production the price must have been still lower. Varro (iii. 2) reckons as a good ordinary gross return for a larger estate 150 sesterces per -jugerum-. Estimates of the corresponding expense have not reached us: as a matter of course, the management in this instance cost much less than in that of a vineyard.
All these statements, moreover, date from a century or more after Gate's death. From him we have only the general statement that the breeding of cattle yielded a better return than agriculture (ap. Cicero, De Off. ii. 25, 89; Colum. vi. praef. 4, comp. ii. 16, 2; Plin. H. N. xviii. 5, 30; Plutarch, Cato, 21); which of course is not meant to imply that it was everywhere advisable to convert arable land into pasture, but is to be understood relatively as signifying that the capital invested in the rearing of flocks and herds on mountain pastures and other suitable pasture-land yielded, as compared with capital invested in cultivating Suitable corn land, a higher interest. Perhaps the circumstance has been also taken into account in the calculation, that the want of energy and intelligence in the landlord operates far less injuriously in the case of pasture-land than in the highly-developed culture of the vine and olive. On an arable estate, according to Cato, the returns of the soil stood as follows in a descending series:—1, vineyard; 2, vegetable garden; 3, osier copse, which yielded a large return in consequence of the culture of the vine; 4, olive plantation; 5, meadow yielding hay; 6, corn fields; 7, copse; 8, wood for felling; 9, oak forest for forage to the cattle; all of which nine elements enter into the scheme of husbandry for Cato's model estates.
The higher net return of the culture of the vine as compared with that of corn is attested also by the fact, that under the award pronounced in the arbitration between the city of Genua and the villages tributary to it in 637 the city received a sixth of wine, and a twentieth of grain, as quitrent.
15. III. XII. Spirit of the System
16. III. XI. As to the Management of the Finances
17. The industrial importance of the Roman cloth-making is evident from the remarkable part which is played by the fullers in Roman comedy. The profitable nature of the fullers' pits is attested by Cato (ap. Plutarch, Cat 21).
18. III. III. Organization of the Provinces
19. III. III. Property
20. III. VII. The State of Culture in Spain
21. III. I. Comparison between Carthage and Rome
22. III. VI. Pressure of the War
23. There were in the treasury 17,410 Roman pounds of gold, 22,070 pounds of uncoined, and 18,230 pounds of coined, silver. The legal ratio of gold to silver was: 1 pound of gold = 4000 sesterces, or 1: 11.91.
24. On this was based the actionable character of contracts of buying, hiring, and partnership, and, in general, the whole system of non-formal actionable contracts.
25. The chief passage as to this point is the fragment of Cato in Gellius, xiv. 2. In the case of the -obligatio litteris- also, i. e. a claim based solely on the entry of a debt in the account-book of the creditor, this legal regard paid to the personal credibility of the party, even where his testimony in his own cause is concerned, affords the key of explanation; and hence it happened that in later times, when this mercantile repute had vanished from Roman life, the -obligatio litteris-, while not exactly abolished, fell of itself into desuetude.
26. In the remarkable model contract given by Cato (141) for the letting of the olive harvest, there is the following paragraph:—
"None [of the persons desirous to contract on the occasion of letting] shall withdraw, for the sake of causing the gathering and pressing of the olives to be let at a dearer rate; except when [the joint bidder] immediately names [the other bidder] as his partner. If this rule shall appear to have been infringed, all the partners [of the company with which the contract has been concluded] shall, if desired by the landlord or the overseer appointed by him, take an oath [that they have not conspired in this way to prevent competition]. If they do not take the oath, the stipulated price is not to be paid." It is tacitly assumed that the contract is taken by a company, not by an individual capitalist.
27. III. XIII. Religious Economy
28. Livy (xxi. 63; comp. Cic. Verr. v. 18, 45) mentions only the enactment as to the sea-going vessels; but Asconius (in Or. in toga cand. p. 94, Orell.) and Dio. (lv. 10, 5) state that the senator was also forbidden by law to undertake state-contracts (-redemptiones-); and, as according to Livy "all speculation was considered unseemly for a senator," the Claudian law probably reached further than he states.
29. Cato, like every other Roman, invested a part of his means in the breeding of cattle, and in commercial and other undertakings. But it was not his habit directly to violate the laws; he neither speculated in state-leases—which as a senator he was not allowed to do—nor practised usury. It is an injustice to charge him with a practice in the latter respect at variance with his theory; the -fenus nauticum-, in which he certainly engaged, was not a branch of usury prohibited by the law; it really formed an essential part of the business of chartering and freighting vessels.
