The History of Rome. Book III

1. II. IV. Victories of Salamis and Himera, and Their Effects.

2. I. X. Phoenicians and Italians in Opposition to the Hellenes.

3. The most precise description of this important class occurs in the Carthaginian treaty (Polyb. vii. 9), where in contrast to the Uticenses on the one hand, and to the Libyan subjects on the other, they are called ol Karchedonion uparchoi osoi tois autois nomois chrontai. Elsewhere they are spoken of as cities allied (summachides poleis, Diod. xx. 10) or tributary (Liv. xxxiv. 62; Justin, xxii. 7, 3). Their conubium with the Carthaginians is mentioned by Diodorus, xx. 55; the commercium is implied in the "like laws". That the old Phoenician colonies were included among the Liby-phoenicians, is shown by the designation of Hippo as a Liby-phoenician city (Liv. xxv. 40); on the other hand as to the settlements founded from Carthage, for instance, it is said in the Periplus of Hanno: "the Carthaginians resolved that Hanno should sail beyond the Pillars of Hercules and found cities of Liby-phoenicians". In substance the word "Liby-phoenicians" was used by the Carthaginians not as a national designation, but as a category of state-law. This view is quite consistent with the fact that grammatically the name denotes Phoenicians mingled with Libyans (Liv. xxi. 22, an addition to the text of Polybius); in reality, at least in the institution of very exposed colonies, Libyans were frequently associated with Phoenicians (Diod. xiii. 79; Cic. pro Scauro, 42). The analogy in name and legal position between the Latins of Rome and the Liby-phoenicians of Carthage is unmistakable.

4. The Libyan or Numidian alphabet, by which we mean that which was and is employed by the Berbers in writing their non-Semitic language - one of the innumerable alphabets derived from the primitive Aramaean one - certainly appears to be more closely related in several of its forms to the latter than is the Phoenician alphabet; but it by no means follows from this, that the Libyans derived their writing not from Phoenicians but from earlier immigrants, any more than the partially older forms of the Italian alphabets prohibit us from deriving these from the Greek. We must rather assume that the Libyan alphabet has been derived from the Phoenician at a period of the latter earlier than the time at which the records of the Phoenician language that have reached us were written.

5. II. VII. Decline of the Roman Naval Power.

6. II. VII. Decline of the Roman Naval Power.

7. II. VII. The Roman Fleet.

8. II. IV. Etrusco-Carthaginian Maritime Supremacy.

9. The steward on a country estate, although a slave, ought, according to the precept of the Carthaginian agronome Mago (ap. Varro, R. R. i. 17), to be able to read, and ought to possess some culture. In the prologue of the "Poenulus" of Plautus, it is said of the hero of the title:

10. Doubts have been expressed as to the correctness of this number, and the highest possible number of inhabitants, taking into account the available space, has been reckoned at 250,000. Apart from the uncertainty of such calculations, especially as to a commercial city with houses of six stories, we must remember that the numbering is doubtless to be understood in a political, not in an urban, sense, just like the numbers in the Roman census, and that thus all Carthaginians would be included in it, whether dwelling in the city or its neighbourhood, or resident in its subject territory or in other lands. There would, of course, be a large number of such absentees in the case of Carthage; indeed it is expressly stated that in Gades, for the same reason, the burgess-roll always showed a far higher number than that of the citizens who had their fixed residence there.

11. II. VII. System of Government, note.

1. II. V. Campanian Hellenism.

2. II. VII. Submission of Lower Italy.

3. The Mamertines entered quite into the same position towards Rome as the Italian communities, bound themselves to furnish ships (Cic. Verr. v. 19, 50), and, as the coins show, did not possess the right of coining silver.

4. II. VII. Submission of Lower Italy.

5. II. VII. Last Struggles in Italy.

6. The statement, that the military talent of Xanthippus was the primary means of saving Carthage, is probably coloured; the officers of Carthage can hardly have waited for foreigners to teach them that the light African cavalry could be more appropriately employed on the plain than among hills and forests. From such stories, the echo of the talk of Greek guardrooms, even Polybius is not free. The statement that Xanthippus was put to death by the Carthaginians after the victory, is a fiction; he departed voluntarily, perhaps to enter the Egyptian service.

7. Nothing further is known with certainty as to the end of Regulus; even his mission to Rome - which is sometimes placed in 503, sometimes in 513 - is very ill attested. The later Romans, who sought in the fortunes and misfortunes of their forefathers mere materials for school themes, made Regulus the prototype of heroic misfortune as they made Fabricius the prototype of heroic poverty, and put into circulation in his name a number of anecdotes invented by way of due accompaniment - incongruous embellishments, contrasting ill with serious and sober history.

8. The statement (Zon. viii. 17) that the Carthaginians had to promise that they would not send any vessels of war into the territories of the Roman symmachy - and therefore not to Syracuse, perhaps even not to Massilia - sounds credible enough; but the text of the treaty says nothing of it (Polyb. iii. 27).

1. III. II. Evacuation of Africa.

2. That the cession of the islands lying between Sicily and Italy, which the peace of 513 prescribed to the Carthaginians, did not include the cession of Sardinia is a settled point (III. II. Remarks On the Roman Conduct of the War); but the statement, that the Romans made that a pretext for their occupation of the island three years after the peace, is ill attested. Had they done so, they would merely have added a diplomatic folly to the political effrontery.

3. III. II. The War on the Coasts of Sicily and Sardinia.

4. III. VIII. Changes in Procedure.

5. II. I. Restrictions on the Delegation of Powers.

6. That this was the case may be gathered partly from the appearance of the "Siculi" against Marcellus (Liv. xxvi. 26, seq.), partly from the "conjoint petitions of all the Sicilian communities" (Cicero, Verr. ii. 42, 102; 45, 114; 50, 146; iii. 88, 204), partly from well-known analogies (Marquardt, Handb. iii. i, 267). Because there was no commercium between the different towns, it by no means follows that there was no concilium.

7. The right of coining gold and silver was not monopolized by Rome in the provinces so strictly as in Italy, evidently because gold and silver money not struck after the Roman standard was of less importance. But in their case too the mints were doubtless, as a rule, restricted to the coinage of copper, or at most silver, small money; even the most favourably treated communities of Roman Sicily, such as the Mamertines, the Centuripans, the Halaesines, the Segestans, and also in the main the Pacormitaus coined only copper.

8. This is implied in Hiero's expression (Liv. xxii. 37): that he knew that the Romans made use of none but Roman or Latin infantry and cavalry, and employed "foreigners" at most only among the light-armed troops.

9. This is shown at once by a glance at the map, and also by the remarkable exceptional provision which allowed the Centuripans to buy to any part of Sicily. They needed, as Roman spies, the utmost freedom of movement We may add that Centuripa appears to have been among the first cities that went over to Rome (Diodorus, l. xxiii. p. 501).

10. This distinction between Italy as the Roman mainland or consular sphere on the one hand, and the transmarine territory or praetorial sphere on the other, already appears variously applied in the sixth century. The ritual rule, that certain priests should not leave Rome (Val. Max. i. i, 2), was explained to mean, that they were not allowed to cross the sea (Liv. Ep. 19, xxxvii. 51; Tac. Ann. iii. 58, 71; Cic. Phil. xi. 8, 18; comp. Liv. xxviii. 38, 44, Ep. 59). To this head still more definitely belongs the interpretation which was proposed in 544 to be put upon the old rule, that the consul might nominate the dictator only on "Roman ground": viz. that "Roman ground" comprehended all Italy (Liv. xxvii. 5). The erection of the Celtic land between the Alps and Apennines into a special province, different from that of the consuls and subject to a separate Standing chief magistrate, was the work of Sulla. Of course no one will Urge as an objection to this view, that already in the sixth century Gallia or Ariminum is very often designated as the "official district" (provincia), usually of one of the consuls. Provincia, as is well known, was in the older language not - what alone it denoted subsequently - a definite space assigned as a district to a standing chief magistrate, but the department of duty fixed for the individual consul, in the first instance by agreement with his colleague, under concurrence of the senate; and in this sense frequently individual regions in northern Italy, or even North Italy generally, were assigned to individual consuls as provincia.

11. A standing Roman commandant of Corcyra is apparently mentioned in Polyb. xxii. 15, 6 (erroneously translated by Liv. xxxviii. ii, comp. xlii. 37), and a similar one in the case of Issa in Liv. xliii. 9. We have, moreover, the analogy of the praefectus pro legato ins (Orelli, 732), and of the governor of Pandataria (Inscr. Reg. Neapol. 3528). It appears, accordingly, to have been a rule in the Roman administration to appoint non-senatorial praefecti for the more remote islands. But these "deputies" presuppose in the nature of the case a superior magistrate who nominates and superintends them; and this superior magistracy can only have been at this period that of the consuls. Subsequently, after the erection of Macedonia and Gallia Cisalpina into provinces, the superior administration was committed to one of these two governors; the very territory now in question, the nucleus of the subsequent Roman province of Illyricum, belonged, as is well known, in part to Caesar's district of administration.

12. III. VII. The Senones Annihilated.

13. III. VII. Breach between Rome and Tarentum.

14. III. VII. Construction of New Fortresses and Roads.

15. These, whom Polybius designates as the "Celts in the Alps and on the Rhone, who on account of their character as military adventurers are called Gaesatae (free lances)", are in the Capitoline Fasti named Germani. It is possible that the contemporary annalists may have here mentioned Celts alone, and that it was the historical speculation of the age of Caesar and Augustus that first induced the redactors of these Fasti to treat them as "Germans". If, on the other hand, the mention of the Germans in the Fasti was based on contemporary records - in which case this is the earliest mention of the name - we shall here have to think not of the Germanic races who were afterwards so called, but of a Celtic horde.

1. Our accounts as to these events are not only imperfect but one-sided, for of course it was the version of the Carthaginian peace party which was adopted by the Roman annalists. Even, however, in our fragmentary and confused accounts (the most important are those of Fabius, in Polyb. iii. 8; Appian. Hisp. 4; and Diodorus, xxv. p. 567) the relations of the parties appear dearly enough. Of the vulgar gossip by which its opponents sought to blacken the "revolutionary combination" (etaireia ton ponerotaton anthropon) specimens may be had in Nepos (Ham. 3), to which it will be difficult perhaps to find a parallel.

2. The Barca family conclude the most important state treaties, and the ratification of the governing board is a formality (Pol. iii. 21). Rome enters her protest before them and before the senate (Pol. iii. 15). The position of the Barca family towards Carthage in many points resembles that of the Princes of Orange towards the States-General.

3. It was not till the middle ages that the route by Mont Cenis became a military road. The eastern passes, such as that over the Poenine Alps or the Great St. Bernard - which, moreover, was only converted into a military road by Caesar and Augustus - are, of course, in this case out of the question.

4. The much-discussed questions of topography, connected with this celebrated expedition, may be regarded as cleared up and substantially solved by the masterly investigations of Messrs. Wickham and Cramer. Respecting the chronological questions, which likewise present difficulties, a few remarks may be exceptionally allowed to have a place here.

When Hannibal reached the summit of the St. Bernard, "the peaks were already beginning to be thickly covered with snow" (Pol. iii. 54), snow lay on the route (Pol. iii. 55), perhaps for the most part snow not freshly fallen, but proceeding from the fall of avalanches. At the St. Bernard winter begins about Michaelmas, and the falling of snow in September; when the Englishmen already mentioned crossed the mountain at the end of August, they found almost no snow on their road, but the slopes on both sides were covered with it. Hannibal thus appears to have arrived at the pass in the beginning of September; which is quite compatible with the statement that he arrived there "when the winter was already approaching" - for sunaptein ten tes pleiados dusin (Pol. iii. 54) does not mean anything more than this, least of all, the day of the heliacal setting of the Pleiades (about 26th October); comp. Ideler, Chronol. i. 241.

If Hannibal reached Italy nine days later, and therefore about the middle of September, there is room for the events that occurred from that time up to the battle of the Trebia towards the end of December (peri cheimerinas tropas, Pol. iii. 72), and in particular for the transporting of the army destined for Africa from Lilybaeum to Placentia. This hypothesis further suits the statement that the day of departure was announced at an assembly of the army upo ten earinen oran (Pol. iii. 34), and therefore towards the end of March, and that the march lasted five (or, according to App. vii. 4, six) months. If Hannibal was thus at the St. Bernard in the beginning of September, he must have reached the Rhone at the beginning of August - for he spent thirty days in making his way from the Rhone thither - and in that case it is evident that Scipio, who embarked at the beginning of summer (Pol. iii. 41) and so at latest by the commencement of June, must have spent much time on the voyage or remained for a considerable period in singular inaction at Massilia.

1. Polybius's account of the battle on the Trebia is quite clear. If Placentia lay on the right bank of the Trebia where it falls into the Po, and if the battle was fought on the left bank, while the Roman encampment was pitched upon the right - both of which points have been disputed, but are nevertheless indisputable - the Roman soldiers must certainly have passed the Trebia in order to gain Placentia as well as to gain the camp. But those who crossed to the camp must have made their way through the disorganized portions of their own army and through the corps of the enemy that had gone round to their rear, and must then have crossed the river almost in hand-to-hand combat with the enemy. On the other hand the passage near Placentia was accomplished after the pursuit had slackened; the corps was several miles distant from the field of battle, and had arrived within reach of a Roman fortress; it may even have been the case, although it cannot be proved, that a bridge led over the Trebia at that point, and that the tete de pont on the other bank was occupied by the garrison of Placentia. It is evident that the first passage was just as difficult as the second was easy, and therefore with good reason Polybius, military judge as he was, merely says of the corps of 10,000, that in close columns it cut its way to Placentia (iii. 74, 6), without mentioning the passage of the river which in this case was unattended with difficulty.

The erroneousness of the view of Livy, which transfers the Phoenician camp to the right, the Roman to the left bank of the Trebia, has lately been repeatedly pointed out. We may only further mention, that the site of Clastidium, near the modern Casteggio, has now been established by inscriptions (Orelli-Henzen, 5117).

2. III. III. The Celts Attacked in Their Own Land.

3. The date of the battle, 23rd June according to the uncorrected calendar, must, according to the rectified calendar, fall somewhere in April, since Quintus Fabius resigned his dictatorship, after six months, in the middle of autumn (Lav. xxii. 31, 7; 32, i), and must therefore have entered upon it about the beginning of May. The confusion of the calendar (p. 117) in Rome was even at this period very great.

4. The inscription of the gift devoted by the new dictator on account of his victory at Gerunium to Hercules Victor - Hercolei sacrom M. Minuci(us) C. f. dictator vovit - was found in the year 1862 at Rome, near S. Lorenzo.

5. III. III. Northern Italy.

1. III. III. The Celts Conquered by Rome.

2. III. VI. The Sending of Reinforcements Temporarily Frustrated.

3. III. VI. Conflicts in the South of Italy.

4. III. VI. Sicily Tranquillized.

5. Of the two places bearing this name, the more westerly, situated about 60 miles west of Hadrumetum, was probably the scene of the battle (comp. Hermes, xx. 144, 318). The time was the spring or summer of the year 552; the fixing of the day as the 19th October, on account of the alleged solar eclipse, is of no account.

1. According to the account of Strabo these Italian Boii were driven by the Romans over the Alps, and from them proceeded that Boian settlement in what is now Hungary about Stein am Anger and Oedenburg, which was attacked and annihilated in the time of Augustus by the Getae who crossed the Danube, but which bequeathed to this district the name of the Boian desert. This account is far from agreeing with the well-attested representation of the Roman annals, according to which the Romans were content with the cession of half the territory; and, in order to explain the disappearance of the Italian Boii, we have really no need to assume a violent expulsion - the other Celtic peoples, although visited to a far less extent by war and colonization, disappeared not much less rapidly and totally from the ranks of the Italian nations. On the other hand, other accounts suggest the derivation of those Boii on the Neusiedler See from the main stock of the nation, which formerly had its seat in Bavaria and Bohemia before Germanic tribes pushed it towards the south. But it is altogether very doubtful whether the Boii, whom we find near Bordeaux, on the Po, and in Bohemia, were really scattered branches of one stock, or whether this is not an instance of mere similarity of name. The hypothesis of Strabo may have rested on nothing else than an inference from the similarity of name - an inference such as the ancients drew, often without due reason, in the case of the Cimbri, Veneti, and others.

2. III. I. Libyphoenicians.

3. III. VI. Gades Becomes Roman.

4. Of this praetor there has recently come to light the following decree on a copper tablet found in the neighbourhood of Gibraltar and now preserved in the Paris Museum: "L. Aimilius, son of Lucius, Imperator, has ordained that the slaves of the Hastenses [of Hasta regia, not far from Jerez de la Frontera], who dwell in the tower of Lascuta [known by means of coins and Plin. iii. i, 15, but uncertain as to site] should be free. The ground and the township, of which they are at the time in possession, they shall continue to possess and hold, so long as it shall please the people and senate of the Romans. Done in camp on 12 Jan. [564 or 565]". (L. Aimilius L. f. inpeirator decreivit utei qui Hastensium servei in turri Lascutana habitarent, leiberei essent, Agrum oppidumqu[e], guod ea tempestate posedissent, item possidere habereque ioussit, dum poplus senatusque Romanus vettet. Act. in castreis a. d. XII. k. Febr.) This is the oldest Roman document which we possess in the original, drawn up three years earlier than the well-known edict of the consuls of the year 568 in the affair of the Bacchanalia.

5. 1 Maccab. viii. 3. "And Judas heard what the Romans had done to the land of Hispania to become masters of the silver and gold mines there".

1. III. III. Acquisition of Territory in Illyria.

2. III. VI. Stagnation of the War in Italy.

3. There are still extant gold staters, with the head of Flamininus and the inscription "T. Quincti(us)", struck in Greece under the government of the liberator of the Hellenes. The use of the Latin language is a significant compliment.

4. III. III. Acquisition of Territory in Illyria.

1. According to a recently discovered decree of the town of Lampsacus (Mitth, des arch. Inst, in Athen, vi. 95) the Lampsacenes after the defeat of Philip sent envoys to the Roman senate with the request that the town might be embraced in the treaty concluded between Rome and (Philip) the king (opos sumperilephthomen [en tais sunthekais] tais genomenais Pomaiois pros ton [basilea]), which the senate, at least according to the view of the petitioners, granted to them and referred them, as regarded other matters, to Flamininus and the ten envoys. From the latter they then obtain in Corinth a guarantee of their constitution and "letters to the kings". Flamininus also gives to them similar letters; of their contents we learn nothing more particular, than that in the decree the embassy is described as successful. But if the senate and Flamininus had formally and positively guaranteed the autonomy and democracy of the Lampsacenes, the decree would hardly dwell so much at length on the courteous answers, which the Roman commanders, who had been appealed to on the way for their intercession with the senate, gave to the envoys.

Other remarkable points in this document are the "brotherhood" of the Lampsacenes and the Romans, certainly going back to the Trojan legend, and the mediation, invoked by the former with success, of the allies and friends of Rome, the Massiliots, who were connected with the Lampsacenes through their common mother-city Phocaea.

2. The definite testimony of Hieronymus, who places the betrothal of the Syrian princess Cleopatra with Ptolemy Epiphanes in 556, taken in connection with the hints in Liv. xxxiii. 40 and Appian. Syr. 3, and with the actual accomplishment of the marriage in 561, puts it beyond a doubt that the interference of the Romans in the affairs of Egypt was in this case formally uncalled for.

3. For this we have the testimony of Polybius (xxviii. i), which the sequel of the history of Judaea completely confirms; Eusebius (p. 117, Mai) is mistaken in making Philometor ruler of Syria. We certainly find that about 567 farmers of the Syrian taxes made their payments at Alexandria (Joseph, xii. 4, 7); but this doubtless took place without detriment to the rights of sovereignty, simply because the dowry of Cleopatra constituted a charge on those revenues; and from this very circumstance presumably arose the subsequent dispute.

4. II. VII. Submission of Lower Italy.

5. III. VII. The Romans Maintain a Standing Army in Spain.

6. III. VIII. The Celts of Asia Minor ff.

7. From the decree of Lampsacus mentioned at III. IX. Difficulties with Rome, it appears pretty certain that the Lampsacenes requested from the Massiliots not merely intercession at Rome, but also intercession with the Tolistoagii (so the Celts, elsewhere named Tolistobogi, are designated in this document and in the Pergamene inscription, C. J. Gr. 3536, - the oldest monuments which mention them). Accordingly the Lampsacenes were probably still about the time of the wax with Philip tributary to this canton (comp. Liv. xxxviii. 16).

8. The story that he went to Armenia and at the request of king Artaxias built the town of Artaxata on the Araxes (Strabo, xi. p. 528; Plutarch, Luc. 31), is certainly a fiction; but it is a striking circumstance that Hannibal should have become mixed up, almost like Alexander, with Oriental fables.

9. Africanus, Asiagenus, Hispallus.

1. Ide gar prasde panth alion ammi dedukein (i. 102).

2. II. VII. Last Struggles in Italy.

3. The legal dissolution of the Boeotian confederacy, however, took place not at this time, but only after the destruction of Corinth (Pausan. vii. 14, 4; xvi. 6).

4. 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.

5. 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.

6. 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.

7. 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.

1. II. III. New Aristocracy.

2. II. III. New Opposition.

3. II. III. Military Tribunes with Consular Powers.

4. 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.

5. II. III. Civic Equality.

6. 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.

7. II. III. Praetorship.

8. 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.

9. II. I. Government of the Patriciate.

10. II. III. Censorship.

11. II. III. The Senate.

12. 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.

13. II. III. Increasing Powers of the Burgesses.

14. II. VIII. Officers.

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

16. II. III. New Opposition.

17. 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:

Thus the fifteen or sixteen houses of the high nobility, that were powerful in the state at the time of the Licinian laws, maintained their ground without material change in their relative numbers - which no doubt were partly kept up by adoption - for the next two centuries, and indeed down to the end of the republic. To the circle of the plebeian nobility new gentes doubtless were from time to time added; but the old plebian houses, such as the Licinii, Fulvii, Atilii, Domitii, Marcii, Junii, predominate very decidedly in the Fasti throughout three centuries.

18. I. V. The Senate.

19. III. IX. Death of Scipio.

20. III. X. Their Lax and Unsuccessful Management of the War f.

21. III. VI. In Italy.

22. III. VI. Conquest of Sicily.

23. The expenses of these were, however, probably thrown in great part on the adjoining inhabitants. The old system of making requisitions of task-work was not abolished: it must not unfrequently have happened that the slaves of the landholders were called away to be employed in the construction of roads. (Cato, de R. R. 2 )

24. III. VI. Pressure of the War.

25. III. VI. In Italy.

26. III. VII. Celtic Wars.

27. III. VI In Italy.

28. III. VII. Latins.

29. II. VII. Non-Latin Allied Communities.

30. III. VII. Latins.

31. Thus, as is well known, Ennius of Rudiae received burgess-rights from one of the triumvirs, Q. Fulvius Nobilior, on occasion of the founding of the burgess-colonies of Potentia and Pisaurum (Cic. Brut. 20, 79); whereupon, according to the well-known custom, he adopted the -praenomen- of the latter. The non-burgesses who were sent to share in the foundation of a burgess-colony, did not, at least in tin's epoch, thereby acquire de jure Roman citizenship, although they frequently usurped it (Liv. xxxiv. 42); but the magistrates charged with the founding of a colony were empowered, by a clause in the decree of the people relative to each case, to confer burgess-rights on a limited number of persons (Cic. pro Balb. 21, 48).

32. III. VII. Administration of Spain.

33. III. IX. Expedition against the Celts in Asia Minor.

34. III. X. Their Lax and Unsuccessful Management of the War f.

35. II. I. Term of Office.

36. III. VII. Administration of Spain.

37. III. XI. Italian Subjects, Roman Franchise More Difficult of Acquisition.

38. III. XI. Roman Franchise More Difficult of Acquisition.

39. In Cato's treatise on husbandry, which, as is well known, primarily relates to an estate in the district of Venafrum, the judicial discussion of such processes as might arise is referred to Rome only as respects one definite case; namely, that in which the landlord leases the winter pasture to the owner of a flock of sheep, and thus has to deal with a lessee who, as a rule, is not domiciled in the district (c. 149). It may be inferred from this, that in ordinary cases, where the contract was with a person domiciled in the district, such processes as might spring out of it were even in Cato's time decided not at Rome, but before the local judges.

40. II. VII. The Full Roman Franchise.

41. II. VII. Subject Communities.

42. III. VIII. Declaration of War by Rome.

43. II. III. The Burgess-Body.

44. III. XI. Patricio-Plebian Nobility.

45. The laying out of the circus is attested. Respecting the origin of the plebeian games there is no ancient tradition (for what is said by the Pseudo-Asconius, p. 143, Orell. is not such); but seeing that they were celebrated in the Flaminian circus (Val. Max. i, 7, 4), and first certainly occur in 538, four years after it was built (Liv. xxiii. 30), what we have stated above is sufficiently proved.

46. II. II. Political Value of the Tribunate.

47. III. IX. Landing of the Romans.

48. III. IX. Death of Scipio. The first certain instance of such a surname is that of Manius Valerius Maximus, consul in 491, who, as conqueror of Messana, assumed the name Messalla (ii. 170): that the consul of 419 was, in a similar manner, called Calenus, is an error. The presence of Maximus as a surname in the Valerian (i. 348) and Fabian (i. 397) clans is not quite analogous.

49. III. XI. Patricio-Plebian Nobility.

50. II. III. New Opposition.

51. III. III. The Celts Conquered by Rome.

52. III. VI. In Italy.

53. III. III. The Celts Conquered by Rome.

54. III. VII. Liguria.

55. III. VII. Measures Adopted to Check the Immigration of the Transalpine Gauls.

56. III. VII. Liguria.

57. III. XI. The Nobility in Possession of the Equestrian Centuries.

58. III. V. Attitude of the Romans, III. VI. Conflicts in the South of Italy.

59. II. III. The Burgess-Body.

60. As to the original rates of the Roman census it is difficult to lay down anything definite. Afterwards, as is well known, 100,000 asses was regarded as the minimum census of the first class; to which the census of the other four classes stood in the (at least approximate) ratio of 3/4, 1/2, 1/4, 1/9. But these rates are understood already by Polybius, as by all later authors, to refer to the light as (1/10th of the denarius), and apparently this view must be adhered to, although in reference to the Voconian law the same sums are reckoned as heavy asses (1/4 of the denarius: Geschichte des Rom. Munzwesens, p. 302). But Appius Claudius, who first in 442 expressed the census-rates in money instead of the possession of land (II. III. The Burgess-Body), cannot in this have made use of the light as, which only emerged in 485 (II. VIII. Silver Standard of Value). Either therefore he expressed the same amounts in heavy asses, and these were at the reduction of the coinage converted into light; or he proposed the later figures, and these remained the same notwithstanding the reduction or the coinage, which in this case would have involved a lowering of the class-rates by more than the half. Grave doubts may be raised in opposition to either hypothesis; but the former appears the more credible, for so exorbitant an advance in democratic development is not probable either for the end of the fifth century or as an incidental consequence of a mere administrative measure, and besides it would scarce have disappeared wholly from tradition. 100,000 light asses, or 40,000 sesterces, may, moreover, be reasonably regarded as the equivalent of the original Roman full hide of perhaps 20 jugera (I. VI. Time and Occasion of the Reform); so that, according to this view, the rates of the census as a whole have changed merely in expression, and not in value.

61. III. V. Fabius and Minucius.

62. II. I. The Dictator.

63. III. XI. Election of Officers in the Comitia.

64. III. V. Flaminius, New Warlike Preparations in Rome.

65. III. V. Fabius and Minucius.

66. III. XI. Squandering of the Spoil.

67. III. VI. Publius Scipio.

68. III. VI. The African Expedition of Scipio.

69. III. X. Humiliation of Rhodes.

70. II. II. Agrarian Law of Spurius Cassius.

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.

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.

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.

1. A distinct set of Greek expressions, such as stratioticus, machaera, nauclerus, trapezita, danista, drapeta, oenopolium, bolus, malacus, morus, graphicus, logus, apologus, techna, schema, forms quite a special feature in the language of Plautus. Translations are seldom attached, and that only in the case of words not embraced in the circle of ideas to which those which we have cited belong; for instance, in the Truculentus - in a verse, however, that is perhaps a later addition (i. 1, 60) - we find the explanation: phronesis est sapientia. Fragments of Greek also are common, as in the Casina, (iii. 6, 9): Pragmata moi parecheis - Dabo mega kakon, ut opinor. Greek puns likewise occur, as in the Bacchides (240): opus est chryso Chrysalo. Ennius in the same way takes for granted that the etymological meaning of Alexandros and Andromache is known to the spectators (Varro, de L. L. vii. 82). Most characteristic of all are the half-Greek formations, such as ferritribax, plagipatida, pugilice, or in the Miles Gloriosus (213): Fuge! euscheme hercle astitit sic dulice et comoedice!

2. III. VIII. Greece Free.

3. One of these epigrams composed in the name of Flamininus runs thus:

4. Such, e. g, was Chilo, the slave of Cato the Elder, who earned money en bis master's behalf as a teacher of children (Plutarch, Cato Mai. 20).

5. II. IX. Ballad-Singers.

6. The later rule, by which the freedman necessarily bore the -praenomen- of his patron, was not yet applied in republican Rome.

7. II. VII. Capture of Tarentum.

8. III. VI. Battle of Sena.

9. One of the tragedies of Livius presented the line

The verses of Homer (Odyssey, xii. 16):

are thus interpreted:

The most remarkable feature is not so much the barbarism as the thoughtlessness of the translator, who, instead of sending Circe to Ulysses, sends Ulysses to Circe. Another still more ridiculous mistake is the translation of aidoioisin edoka (Odyss. xv. 373) by lusi (Festus, Ep. v. affatim, p. ii, Muller). Such traits are not in a historical point of view matters of difference; we recognize in them the stage of intellectual culture which irked these earliest Roman verse-making schoolmasters, and we at the same time perceive that, although Andronicus was born in Tarentum, Greek cannot have been properly his mother-tongue.

10. Such a building was, no doubt, constructed for the Apollinarian games in the Flaminian circus in 575 (Liv. xl. 51; Becker, Top. p. 605); but it was probably soon afterwards pulled down again (Tertull. de Spect. 10).

11. In 599 there were still no seats in the theatre (Ritschl, Parerg. i. p. xviii. xx. 214; comp. Ribbeck, Trag. p. 285); but, as not only the authors of the Plautine prologues, but Plautus himself on various occasions, make allusions to a sitting audience (Mil. Glor. 82, 83; Aulul. iv. 9, 6; Triicul. ap. fin.; Epid. ap. fin.), most of the spectators must have brought stools with them or have seated themselves on the ground.

12. III. XI. Separation of Orders in the Theatre

13. Women and children appear to have been at all times admitted to the Roman theatre (Val. Max. vi. 3, 12; Plutarch., Quaest. Rom. 14; Cicero, de Har. Resp. 12, 24; Vitruv. v. 3, i; Suetonius, Aug. 44, c.); but slaves were de jure excluded (Cicero, de Har. Resp. 12, 26; Ritschl. Parerg. i. p. xix. 223), and the same must doubtless have been the case with foreigners, excepting of course the guests of the community, who took their places among or by the side of the senators (Varro, v. 155; Justin, xliii. 5. 10; Sueton. Aug. 44).

14. III. XII. Moneyed Aristocracy.

15. II. IX. Censure of Art.

16. It is not necessary to infer from the prologues of Plautus (Cas. 17; Amph. 65) that there was a distribution of prizes (Ritschl, Parerg. i. 229); even the passage Trin. 706, may very well belong to the Greek original, not to the translator; and the total silence of the didascaliae and prologues, as well as of all tradition, on the point of prize tribunals and prizes is decisive.

17. The scanty use made of what is called the middle Attic comedy does not require notice in a historical point of view, since it was nothing but the Menandrian comedy in a less developed form. There is no trace of any employment of the older comedy. The Roman tragi-comedy - after the type of the Amphitruo of Plautus - was no doubt styled by the Roman literary historians fabula Rhinthonica; but the newer Attic comedians also composed such parodies, and it is difficult to see why the Ionians should have resorted for their translations to Rhinthon and the older writers rather than to those who were nearer to their own times.

18. III. VI In Italy.

19. Bacch. 24; Trin. 609; True. iii. 2, 23. Naevius also, who in fact was generally less scrupulous, ridicules the Praenestines and Lanuvini (Com. 21, Ribb.). There are indications more than once of a certain variance between the Praenestines and Romans (Liv. xxiii. 20, xlii. i); and the executions in the time of Pyrrhus (ii. 18) as well as the catastrophe in that of Sulla, were certainly connected with this variance. - Innocent jokes, such as Capt. 160, 881, of course passed uncensured. - The compliment paid to Massilia in Cas. v. 4., i, deserves notice.

20. Thus the prologue of the Cistellaria concludes with the following words, which may have a place here as the only contemporary mention of the Hannibalic war in the literature that has come down to us:

The fourth line (augete auxilia vostris iustis Iegibus) has reference to the supplementary payments imposed on the negligent Latin colonies in 550 (Liv. xxix. 15; see ii. 350).

21. III. XIII. Increase of Amusements.

22. For this reason we can hardly be too cautious in assuming allusions on the part of Plautus to the events of the times. Recent investigation has set aside many instances of mistaken acuteness of this sort; but might not even the reference to the Bacchanalia, which is found in Cas. v. 4, 11 (Ritschl, Parerg. 1. 192), have been expected to incur censure? We might even reverse the case and infer from the notices of the festival of Bacchus in the Casina, and some other pieces (Amph. 703; Aul. iii. i, 3; Bacch. 53, 371; Mil. Glor. 1016; and especially Men. 836), that these were written at a time when it was not yet dangerous to speak of the Bacchanalia.

23. The remarkable passage in the Tarentilla can have no other meaning:

24. The ideas of the modern Hellas on the point of slavery are illustrated by the passage in Euripides (Ion, 854; comp. Helena, 728):

25. For instance, in the otherwise very graceful examination which in the Stichus of Plautus the father and his daughters institute into the qualities of a good wife, the irrelevant question - whether it is better to marry a virgin or a widow - is inserted, merely in order that it may be answered by a no less irrelevant and, in the mouth of the interlocutrix, altogether absurd commonplace against women. But that is a trifle compared with the following specimen. In Menander's Plocium a husband bewails his troubles to his friend:

In the Latin edition of Caecilius, this conversation, so elegant in its simplicity, is converted into the following uncouth dialogue:

26. Even when the Romans built stone theatres, these had not the sounding-apparatus by which the Greek architects supported the efforts of the actors (Vitruv. v. 5, 8).

27. III. XIII. Increase of Amusements.

28. The personal notices of Naevius are sadly confused. Seeing that he fought in the first Punic war, he cannot have been born later than 495. Dramas, probably the first, were exhibited by him in 519 (Gell. xii. 21. 45). That he had died as early as 550, as is usually stated, was doubted by Varro (ap. Cic. Brut. 15, 60), and certainly with reason; if it were true, he must have made his escape during the Hannibalic war to the soil of the enemy. The sarcastic verses on Scipio (p. 150) cannot have been written before the battle of Zama. We may place his life between 490 and 560, so that he was a contemporary of the two Scipios who fell in 543 (Cic. de Rep. iv. 10), ten years younger than Andronicus, and perhaps ten years older than Plautus. His Campanian origin is indicated by Gellius, and his Latin nationality, if proof of it were needed, by himself in his epitaph. The hypothesis that he was not a Roman citizen, but possibly a burgess of Cales or of some other Latin town in Campania, renders the fact that the Roman police treated him so unscrupulously the more easy of explanation. At any rate he was not an actor, for he served in the army.

29. Compare, e. g., with the verse of Livius the fragment from Naevius' tragedy of Lycurgus:

Or the famous words, which in the Hector Profisciscens Hector addresses to Priam:

and the charming verse from the Tarentilla:

30. III. XIV. Political Neutrality.

31. III. XIV. Political Neutrality.

32. This hypothesis appears necessary, because otherwise the ancients could not have hesitated in the way they did as to the genuineness or spuriousness of the pieces of Plautus: in the case of no author, properly so called, of Roman antiquity, do we find anything like a similar uncertainty as to his literary property. In this respect, as in so many other external points, there exists the most remarkable analogy between Plautus and Shakespeare.

33. III. III. The Celts Conquered by Rome, III. VII. Measures Adopted to Check the Immigration of the Trans-Alpine Gauls.

34. III. XIV. Roman Barbarism.

35. Togatus denotes, in juristic and generally in technical language, the Italian in contradistinction not merely to the foreigner, but also to the Roman burgess. Thus especially formula togatorum (Corp. Inscr. Lat., I. n. 200, v. 21, 50) is the list of those Italians bound to render military serviee, who do not serve in the legions. The designation also of Cisalpine Gaul as Gallia togata, which first occurs in Hirtius and not long after disappears again from the ordinary usus loquendi, describes this region presumably according to its legal position, in so far as in the epoch from 665 to 705 the great majority of its communities possessed Latin rights. Virgil appears likewise in the gens togata, which he mentions along with the Romans (Aen. i. 282), to have thought of the Latin nation. According to this view we shall have to recognize in the fabula togatathe comedy which laid its plot in Latium, as the fabula palliata had its plot in Greece; the transference of the scene of action to a foreign land is common to both, and the comic writer is wholly forbidden to bring on the stage the city or the burgesses of Rome. That in reality the togata could only have its plot laid in the towns of Latin rights, is shown by the fact that all the towns in which, to our knowledge, pieces of Titinius and Afranius had their scene - Setia, Ferentinum, Velitrae, Brundisium, - demonstrably had Latin or, at any rate, allied rights down to the Social war. By the extension of the franchise to all Italy the writers of comedy lost this Latin localisation for their pieces, for Cisalpine Gaul, which de jure took the place of the Latin communities, lay too far off for the dramatists of the capital, and so the fabula togata seems in fact to have disappeared. But the de jure suppressed communities of Italy, such as Capua and Atella, stepped into this gap (ii. 366, iii. 148), and so far the fabula Atellana was in some measure the continuation of the -togata-.

36. Respecting Titinius there is an utter want of literary information; except that, to judge from a fragment of Varro, he seems to have been older than Terence (558-595, Ritschl, Parerg. i. 194) for more indeed, cannot he inferred from that passage, and though, of the two groups there compared the second (Trabea, Atilius, Caecilius) is on the whole older than the first (Titinius, Terentius, Atta), it does not exactly follow that the oldest of the junior group is to be deemed younger than the youngest of the elder.

37. II. VII. First Steps toward the Latinizing of Italy.

38. Of the fifteen comedies of Titinius, with which we are acquainted, six are named after male characters (baratus? coecus, fullones, Hortensius, Quintus, varusand nine after female (Gemina, iurisperita, prilia? privigna, psaltria or Ferentinatis, Setina, tibicina, Veliterna, Ulubrana?), two of which, the iurisperita and the tibicina, are evidently parodies of men's occupations. The feminine world preponderates also in the fragments.

39. III. XIV. Livius Andronicus.

40. III. XIV. Audience.

41. We subjoin, for comparison, the opening lines of the Medea in the original of Euripides and in the version of Ennius:

The variations of the translation from the original are instructive - not only its tautologies and periphrases, but also the omission or explanation of the less familiar mythological names, e. g. the Symplegades, the Iolcian land, the Argo. But the instances in which Ennius has really misunderstood the original are rare.

42. III. XI. Roman Franchise More Difficult of Acquisition.

43. Beyond doubt the ancients were right in recognizing a sketch of the poet's own character in the passage in the seventh book of the Annals, where the consul calls to his side the confidant,

In the line before the last we should probably read multarum leges divumque hominumque.

44. Euripides (Iph. in Aul. 956) defines the soothsayer as a man,

This is turned by the Latin translator into the following diatribe against the casters of horoscopes:

45. III. XII. Irreligious Spirit.

46. In the Telephus we find him saying

47. III. XIII. Luxury.

48. The following verses, excellent in matter and form, belong to the adaptation of the Phoenix of Euripides:

In the -Scipio-, which was probably incorporated in the collection of miscellaneous poems, the graphic lines occurred:

This last passage affords us a glimpse of the way in which the poet worked up his original poems. It is simply an expansion of the words which occur in the tragedy Hectoris Lustra (the original of which was probably by Sophocles) as spoken by a spectator of the combat between Hephaestus and the Scamander:

and the incident is derived from the Iliad (xxi. 381).

49. Thus in the Phoenix we find the line:

and this is not the most absurd specimen of such recurring assonances. He also indulged in acrostic verses (Cic. de Div. ii. 54, iii).

50. III. III. The Celts Conquered by Rome.

51. III. IX. Conflicts and Peace with the Aetolians.

52. Besides Cato, we find the names of two "consulars and poets" belonging to this period (Sueton. Vita Terent. 4) - Quintus Labeo, consul in 571, and Marcus Popillius, consul in 581. But it remains uncertain whether they published their poems. Even in the case of Cato this may be doubted.

53. II. IX. Roman Historical Composition.

54. III. XII. Irreligious Spirit.

55. III. XII. Irreligious Spirit.

56. The following fragments will give some idea of its tone. Of Dido he says:

Again of Amulius:

Part of a speech where the indirect construction is remarkable:

With reference to the landing at Malta in 498:

Lastly, as to the peace which terminated the war concerning Sicily:

57. That this oldest prose work on the history of Rome was composed in Greek, is established beyond a doubt by Dionys. i. 6, and Cicero, de Div. i. 21, 43. The Latin Annals quoted under the same name by Quintilian and later grammarians remain involved in mystery, and the difficulty is increased by the circumstance, that there is also quoted under the same name a very detailed exposition of the pontifical law in the Latin language. But the latter treatise will not be attributed by any one, who has traced the development of Roman literature in its connection, to an author of the age of the Hannibalic war; and even Latin annals from that age appear problematical, although it must remain a moot question whether there has been a confusion of the earlier with a later annalist, Quintus Fabius Maximus Servilianus (consul in 612), or whether there existed an old Latin edition of the Greek Annals of Fabius as well as of those of Acilius and Albinus, or whether there were two annalists of the name of Fabius Pictor. The historical work likewise written in Greek, ascribed to Lucius Cincius Alimentus a contemporary of Fabius, seems spurious and a compilation of the Augustan age.

58. Cato's whole literary activity belonged to the period of his old age (Cicero, Cat. ii, 38; Nepos, Cato, 3); the composition even of the earlier books of the "Origines" falls not before, and yet probably not long subsequent to, 586 (Plin. H. N. iii. 14, 114).

59. It is evidently by way of contrast with Fabius that Polybius (xl. 6, 4) calls attention to the fact, that Albinus, madly fond of everything Greek, had given himself the trouble of writing history systematically [pragmatiken iotorian].

60. II. IX. Roman Early History of Rome.

61. III. XIV. Knowledge of Languages.

62. For instance the history of the siege of Gabii is compiled from the anecdotes in Herodotus as to Zopyrus and the tyrant Thrasybulus, and one version of the story of the exposure of Romulus is framed on the model of the history of the youth of Cyrus as Herodotus relates it.

63. III. VII. Measures Adopted to Check the Immigration of the Transalpine Gauls.

64. II. IX. Roman Early History of Rome.

65. II. IX. Registers of Magistrates.

66. Plautus (Mostell. 126) says of parents, that they teach their children litteras, iura, leges; and Plutarch (Cato Mai. 20) testifies to the same effect.

67. II. IX. Philology.

68. Thus in his Epicharmian poems Jupiter is so called, quod iuvat; and Ceres, quod gerit fruges.

69. Rem tene, verba sequentur.

70. II. IX. Languge.

71. See the lines already quoted at III. II. The War on the Coasts of Sicily and Sardinia. The formation of the name poeta from the vulgar Greek poetes - instead of poietes - as epoesen was in use among the Attic potters - is characteristic. We may add that poeta technically denotes only the author of epic or recitative poems, not the composer for the stage, who at this time was styled scriba (III. XIV. Audience; Festus, s. v., p. 333 M.).

72. Even subordinate figures from the legends of Troy and of Herakles niake their appearance, e. g. Talthybius (Stich. 305), Autolycus (Bacch. 275), Parthaon (Men. 745). Moreover the most general outlines must have been known in the case of the Theban and the Argonautic legends, and of the stories of Bellerophon (Bacch. 810), Pentheus (Merc. 467), Procne and Philomela (Rud. 604). Sappho and Phaon (Mil. 1247).

73. "As to these Greeks", he says to his son Marcus, "I shall tell at the proper place, what I came to learn regarding them at Athens; and shall show that it is useful to look into their writings, but not to study them thoroughly. They are an utterly corrupt and ungovernable race - believe me, this is true as an oracle; if that people bring hither its culture, it will ruin everything, and most especially if it send hither its physicians. They have conspired to despatch all barbarians by their physicking, but they get themselves paid for it, that people may trust them and that they may the more easily bring us to ruin. They call us also barbarians, and indeed revile us by the still more vulgar name of Opicans. I interdict thee, therefore, from all dealings with the practitioners of the healing art". Cato in his zeal was not aware that the name of Opicans, which had in Latin an obnoxious meaning, was in Greek quite unobjectionable, and that the Greeks had in the most innocent way come to designate the Italians by that term (I. X. Time of the Greek Immigration).

74. II. IX. Censure of Art.

75. III. II. War between the Romans and Carthaginians and Syracusans.

76. Plautius belongs to this or to the beginning of the following period, for the inscription on his pictures (Plin. H. N. xxxv. 10, 115), being hexametrical, cannot well be older than Ennius, and the bestowal of the citizenship of Ardea must have taken place before the Social War, through which Ardea lost its independence.