The History of Rome, Book III

70

The recently discovered decree of the senate of 9th Oct. 584, which regulates the legal relations of Thisbae (Ephemeris epigraphica, 1872, p. 278, fig.; Mitth. d. arch. Inst., in Athen, iv. 235, fig.), gives a clear insight into these relations.

71

The story, that the Romans, in order at once to keep the promise which had guaranteed his life and to take vengeance on him, put him to death by depriving him of sleep, is certainly a fable.

72

The statement of Cassiodorus, that the Macedonian mines were reopened in 596, receives its more exact interpretation by means of the coins. No gold coins of the four Macedonias are extant; either therefore the gold-mines remained closed, or the gold extracted was converted into bars. On the other hand there certainly exist silver coins of Macedonia -prima- (Amphipolis) in which district the silver- mines were situated. For the brief period, during which they must have been struck (596-608), the number of them is remarkably great, and proves either that the mines were very energetically worked, or that the old royal money was recoined in large quantity.

73

The statement that the Macedonian commonwealth was "relieved of seignorial imposts and taxes" by the Romans (Polyb. xxxvii. 4) does not necessarily require us to assume a subsequent remission of these taxes: it is sufficient, for the explanation of Polybius' words, to assume that the hitherto seignorial tax now became a public one. The continuance of the constitution granted to the province of Macedonia by Paullus down to at least the Augustan age (Liv. xlv. 32; Justin, xxxiii. 2), would, it is true, be compatible also with the remission of the taxes.

74

II. III. New Aristocracy

75

II. III. New Opposition

76

II. III. Military Tribunes with Consular Powers

77

All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates; although, after the manner of such decorations, all of them in course of time were extended to a wider circle. This can be distinctly proved in the case of the gold finger-ring, which in the fifth century was worn only by the nobility (Plin. H. N., xxxiii. i. 18), in the sixth by every senator and senator's son (Liv. xxvi. 36), in the seventh by every one of equestrian rank, under the empire by every one who was of free birth. So also with the silver trappings, which still, in the second Punic war, formed a badge of the nobility alone (Liv. xxvi. 37); and with the purple border of the boys' toga, which at first was granted only to the sons of curule magistrates, then to the sons of equites, afterwards to those of all free-born persons, lastly—yet as early as the time of the second Punic war —even to the sons of freedmen (Macrob. Sat. i. 6). The golden amulet-case (-bulla-) was a badge of the children of senators in the time of the second Punic war (Macrob. l. c.; Liv. xxvi. 36), in that of Cicero as the badge of the children of the equestrian order (Cic. Verr. i. 58, 152), whereas children of inferior rank wore the leathern amulet (-lorum-). The purple stripe (-clavus-) on the tunic was a badge of the senators (I. V. Prerogatives of the Senate) and of the equites, so that at least in later times the former wore it broad, the latter narrow; with the nobility the -clavus- had nothing to do.

78

II. III. Civic Equality

79

Plin. H. N. xxi. 3, 6. The right to appear crowned in public was acquired by distinction in war (Polyb. vi. 39, 9; Liv. x. 47); consequently, the wearing a crown without warrant was an offence similar to the assumption, in the present day, of the badge of a military order of merit without due title.

80

II. III. Praetorship

81

Thus there remained excluded the military tribunate with consular powers (II. III. Throwing Open of Marriage and of Magistracies) the proconsulship, the quaestorship, the tribunate of the people, and several others. As to the censorship, it does not appear, notwithstanding the curule chair of the censors (Liv. xl. 45; comp, xxvii. 8), to have been reckoned a curule office; for the later period, however, when only a man of consular standing could be made censor, the question has no practical importance. The plebeian aedileship certainly was not reckoned originally one of the curule magistracies (Liv. xxiii. 23); it may, however, have been subsequently included amongst them.

82

II. I. Government of the Patriciate

83

II. III. Censorship

84

II. III. The Senate

85

The current hypothesis, according to which the six centuries of the nobility alone amounted to 1200, and the whole equestrian force accordingly to 3600 horse, is not tenable. The method of determining the number of the equites by the number of duplications specified by the annalists is mistaken: in fact, each of these statements has originated and is to be explained by itself. But there is no evidence either for the first number, which is only found in the passage of Cicero, De Rep. ii. 20, acknowledged as miswritten even by the champions of this view, or for the second, which does not appear at all in ancient authors. In favour, on the other hand, of the hypothesis set forth in the text, we have, first of all, the number as indicated not by authorities, but by the institutions themselves; for it is certain that the century numbered 100 men, and there were originally three (I. V. Burdens of the Burgesses), then six (I. Vi. Amalgamation of the Palatine and Quirinal Cities), and lastly after the Servian reform eighteen (I. VI. The Five Classes), equestrian centuries. The deviations of the authorities from this view are only apparent. The old self-consistent tradition, which Becker has developed (ii. i, 243), reckons not the eighteen patricio-plebeian, but the six patrician, centuries at 1800 men; and this has been manifestly followed by Livy, i. 36 (according to the reading which alone has manuscript authority, and which ought not to be corrected from Livy's particular estimates), and by Cicero l. c. (according to the only reading grammatically admissible, MDCCC.; see Becker, ii. i, 244). But Cicero at the same time indicates very plainly, that in that statement he intended to describe the then existing amount of the Roman equites in general. The number of the whole body has therefore been transferred to the most prominent portion of it by a prolepsis, such as is common in the case of the old annalists not too much given to reflection: just in the same way 300 equites instead of 100 are assigned to the parent-community, including, by anticipation, the contingents of the Tities and the Luceres (Becker, ii. i, 238). Lastly, the proposition of Cato (p. 66, Jordan), to raise the number of the horses of the equites to 2200, is as distinct a confirmation of the view proposed above, as it is a distinct refutation of the opposite view. The closed number of the equites probably continued to subsist down to Sulla's time, when with the -de facto- abeyance of the censorship the basis of it fell away, and to all appearance in place of the censorial bestowal of the equestrian horse came its acquisition by hereditary right; thenceforth the senator's son was by birth an -eques-. Alongside, however, of this closed equestrian body, the -equites equo publico-, stood from an early period of the republic the burgesses bound to render mounted service on their own horses, who are nothing but the highest class of the census; they do not vote in the equestrian centuries, but are regarded otherwise as equites, and lay claim likewise to the honorary privileges of the equestrian order.

In the arrangement of Augustus the senatorial houses retained the hereditary equestrian right; but by its side the censorial bestowal of the equestrian horse is renewed as a prerogative of the emperor and without restriction to a definite time, and thereby the designation of equites for the first class of the census as such falls into abeyance.

86

II. III. Increasing Powers of the Burgesses

87

II. VIII. Officers

88

II. III. Restrictions As to the Accumulation and Reoccupation of Offices

89

II. III. New Opposition

90

The stability of the Roman nobility may be clearly traced, more especially in the case of the patrician -gentes-, by means of the consular and aedilician Fasti. As is well known, the consulate was held by one patrician and one plebeian in each year from 388 to 581 (with the exception of the years 399, 400, 401, 403, 405, 409, 411, in which both consuls were patricians). Moreover, the colleges of curule aediles were composed exclusively of patricians in the odd years of the Varronian reckoning, at least down to the close of the sixth century, and they are known for the sixteen years 541, 545, 547, 549, 551, 553, 555, 557, 561, 565, 567, 575, 585, 589, 591, 593. These patrician consuls and aediles are, as respects their -gentes-, distributed as follows:—

Consuls Consuls Curule aediles of those 388-500 501-581 16 patrician colleges

Cornelii 15 15 15

Valerii 10 8 4

Claudii 4 8 2

Aemilii 9 6 2

Fabii 6 6 1

Manlii 4 6 1