Notes

Chapter I Marcus Lepidus and Quintus Sertorius

1. IV. VII. Bestowal of Latin Rights on the Italian Celts, 527.

2. It is a significant trait, that a distinguished teacher of literature, the freedman Staberius Eros, allowed the children of the proscribed to attend his course gratuitously.

3. IV. X. Proscription-Lists.

4. IV. IX. Pompeius.

5. IV. IV. Administration under the Restoration.

6. IV. IV. Livius Drusus.

7. IV. IX. Government of Cinna.

8. IV. IX. Pompeius.

9. IV. IX. Sertorius Embarks.

10. IV. VII. Strabo, IV. IX. Dubious Attitude of Strabo.

11. IV. IX. Carbo Assailed on Three Sides of Etruria.

12. IV. VII. Rejection of the Proposals for an Accomodation.

13. IV. X. Reorganization of the Senate.

14. It is usual to set down the year 654 as that of Caesar's birth, because according to Suetonius (Caes. 88), Plutarch (Caes. 69), and Appian (B. C. ii. 149) he was at his death (15 March 710) in his 56th year; with which also the statement that he was 18 years old at the time of the Sullan proscription (672; Veil. ii. 41) nearly accords. But this view is utterly inconsistent with the facts that Caesar filled the aedileship in 689, the praetorship in 692, and the consulship in 695, and that these offices could, according to the leges annales, be held at the very earliest in the 37th-38th, 40th-41st, and 43rd-44th years of a man's life respectively. We cannot conceive why Caesar should have filled all the curule offices two years before the legal time, and still less why there should be no mention anywhere of his having done so. These facts rather suggest the conjecture that, as his birthday fell undoubtedly on July 12, he was born not in 654, but in 652; so that in 672 he was in his 20th-21st year, and he died not in his 56th year, but at the age of 57 years 8 months. In favour of this latter view we may moreover adduce the circumstance, which has been strangely brought forward in opposition to it, that Caesar "paene puer", was appointed by Marius and Cinna as Flamen of Jupiter (Veil. ii. 43); for Marius died in January 668, when Caesar was, according to the usual view, 13 years 6 months old, and therefore not "almost" as Velleius says, but actually still a boy, and most probably for this very reason not at all capable of holding such a priesthood. If, again, he was born in July 652, he was at the death of Marius in his sixteenth year; and with this the expression in Velleius agrees, as well as the general rule that civil positions were not assumed before the expiry of the age of boyhood. Further, with this latter view alone accords the fact that the denarii struck by Caesar about the outbreak of the civil war are marked with the number LII, probably the year of his life; for when it began, Caesar's age was according to this view somewhat over 52 years. Nor is it so rash as it appears to us who are accustomed to regular and official lists of births, to charge our authorities with an error in this respect. Those four statements may very well be all traceable to a common source; nor can they at all lay claim to any very high credibility, seeing that for the earlier period before the commencement of the acta diurna the statements as to the natal years of even the best known and most prominent Romans, e. g. as to that of Pompeius, vary in the most surprising manner. (Comp. Staatsrecht, I. 8 p. 570.) In the Life of Caesar by Napoleon III (B. 2, ch. 1) it is objected to this view, first, that the lex annalis would point for Caesar's birth-year not to 652, but to 651; secondly and especially, that other cases are known where it was not attended to. But the first assertion rests on a mistake; for, as the example of Cicero shows, the lex annalis required only that at the entering on office the 43rd year should be begun, not that it should be completed. None of the alleged exceptions to the rule, moreover, are pertinent. When Tacitus (Ann. xi. 22) says that formerly in conferring magistracies no regard was had to age, and that the consulate and dictatorship were entrusted to quite young men, he has in view, of course, as all commentators acknowledge, the earlier period before the issuing of the leges annales - the consulship of M. Valerius Corvus at twenty-three, and similar cases. The assertion that Lucullus received the supreme magistracy before the legal age is erroneous; it is only stated (Cicero, Acad. pr. i. 1) that on the ground of an exceptional clause not more particularly known to us, in reward for some sort of act performed by him, he had a dispensation from the legal two years' interval between the aedileship and praetorship - in reality he was aedile in 675, probably praetor in 677, consul in 680. That the case of Pompeius was a totally different one is obvious; but even as to Pompeius, it is on several occasions expressly stated (Cicero, de Imp. Pomp, ax, 62; Appian, iii. 88) that the senate released him from the laws as to age. That this should have been done with Pompeius, who had solicited the consulship as a commander-in-chief crowned with victory and a triumphator, at the head of an army and after his coalition with Crassus also of a powerful party, we can readily conceive. But it would be in the highest degree surprising, if the same thing should have been done with Caesar on his candidature for the minor magistracies, when he was of little more importance than other political beginners; and it would be, if possible, more surprising still, that, while there is mention of that - in itself readily understood - exception, there should be no notice of this more than strange deviation, however naturally such notices would have suggested themselves, especially with reference to Octavianus consul at 21 (comp., e. g., Appian, iii. 88). When from these irrelevant examples the inference is drawn, "that the law was little observed in Rome, where distinguished men were concerned", anything more erroneous than this sentence was never uttered regarding Rome and the Romans. The greatness of the Roman commonwealth, and not less that of its great generals and statesmen, depends above all things on the fact that the law held good in their case also.

15. IV. IX. Spain.

16. At least the outline of these organizations must be assigned to the years 674, 675, 676, although the execution of them doubtless belonged, in great part, only to the subsequent years.

17. IV. IX. The Provinces.

18. The following narrative rests substantially on the account of Licinianus, which, fragmentary as it is at this very point, still gives important information as to the insurrection of Lepidus.

19. Under the year 676 Licinianus states (p. 23, Pertz; p. 42, Bonn); [Lepidus?] [le]gem frumentari[am] nullo resistente l[argi]tus est, ut annon[ae] quinque modi popu[lo da]rentur. According to this account, therefore, the law of the consuls of 681 Marcus Terentius Lucullus and Gaius Cassius Varus, which Cicero mentions (in Verr. iii. 70, 136; v. 21, 52), and to which also Sallust refers (Hist. iii. 61, 19 Dietsch), did not first reestablish the five modii, but only secured the largesses of grain by regulating the purchases of Sicilian corn, and perhaps made various alterations of detail. That the Sempronian law (IV. III. Alterations on the Constitution By Gaius Gracchus) allowed every burgess domiciled in Rome to share in the largesses of grain, is certain. But the later distribution of grain was not so extensive as this, for, seeing that the monthly corn of the Roman burgesses amounted to little more than 33,000 medimni = 198,000 modii (Cic. Verr. iii. 30, 72), only some 40,000 burgesses at that time received grain, whereas the number of burgesses domiciled in the capital was certainly far more considerable. This arrangement probably proceeded from the Octavian law, which introduced instead of the extravagant Sempronian amount "a moderate largess, tolerable for the state and necessary for the common people", (Cic. de Off. ii. 21, 72, Brut. 62, 222); and to all appearance it is this very law that is the lex frumentaria mentioned by Licinianus. That Lepidus should have entered into such a proposal of compromise, accords with his attitude as regards the restoration of the tribunate. It is likewise in keeping with the circumstances that the democracy should find itself not at all satisfied by the regulation, brought about in this way, of the distribution of grain (Sallust, l. c.). The amount of loss is calculated on the basis of the grain being worth at least double (IV. III. Alterations on the Constitution By Gaius Gracchus); when piracy or other causes drove up the price of grain, a far more considerable loss must have resulted.

20. From the fragments of the account of Licinianus (p. 44, Bonn) it is plain that the decree of the senate, uti Lepidus et Catulus decretis exercitibus maturrime proficiscerentur (Sallust, Hist. i. 44 Dietsch), is to be understood not of a despatch of the consuls before the expiry of their consulship to their proconsular provinces, for which there would have been no reason, but of their being sent to Etruria against the revolted Faesulans, just as in the Catilinarian war the consul Gaius Antonius was despatched to the same quarter. The statement of Philippus in Sallust (Hist. i. 48, 4) that Lepidus ob seditionem provinciam cum exercitu adeptus est, is entirely in harmony with this view; for the extraordinary consular command in Etruria was just as much a provincia as the ordinary proconsular command in Narbonese Gaul.

21. III. IV. Hannibal's Passage of the Alps.

22. In the recently found fragments of Sallust, which appear to belong to the campaign of 679, the following words relate to this incident: Romanus [exer]citus (of Pompeius) frumenti gra[tia r]emotus in Vascones i... [it]emque Sertorius mon... e, cuius multum in[terer]it, ne ei perinde Asiae [iter et Italiae intercluderetur].

Chapter II Rule of the Sullan Restoration

1. IV. VIII. New Difficulties.

2. IV. VIII. Preliminaries of Delium, IV. VIII. Peace at Dardanus.

3. IV. IX. Fresh Difficulties with Mithradates.

4. IV. I. Cilicia.

5. IV. I. Piracy.

6. IV. I. Crete.

7. The foundation of the kingdom of Edessa is placed by native chronicles in 620 (IV. I. The Parthian Empire), but it was not till some time after its rise that it passed into the hands of the Arabic dynasty bearing the names of Abgarus and Mannus, which we afterwards find there. This dynasty is obviously connected with the settlement of many Arabs by Tigranes the Great in the region of Edessa, Callirrhoe, Carrhae (Plin. H. N. v. 20, 85; ax, 86; vi. 28, 142); respecting which Plutarch also (Luc. 21) states that Tigranes, changing the habits of the tent-Arabs, settled them nearer to his kingdom in order by their means to possess himself of the trade. We may presumably take this to mean that the Bedouins, who were accustomed to open routes for traffic through their territory and to levy on these routes fixed transit-dues (Strabo, xvi. 748), were to serve the great-king as a sort of toll-supervisors, and to levy tolls for him and themselves at the passage of the Euphrates. These "Osrhoenian Arab", (Orei Arabes), as Pliny calls them, must also be the Arabs on Mount Amanus, whom Afranius subdued (Plut. Pomp. 39).

8. The disputed question, whether this alleged or real testament proceeded from Alexander I (d. 666) or Alexander II (d. 673), is usually decided in favour of the former alternative. But the reasons are inadequate; for Cicero (de L. Agr. i. 4, 12; 15, 38; 16, 41) does not say that Egypt fell to Rome in 666, but that it did so in or after this year; and while the circumstance that Alexander I died abroad, and Alexander II in Alexandria, has led some to infer that the treasures mentioned in the testament in question as lying in Tyre must have belonged to the former, they have overlooked that Alexander II was killed nineteen days after his arrival in Egypt (Letronne, Inscr, de I'Egypte, ii. 20), when his treasure might still very well be in Tyre. On the other hand the circumstance that the second Alexander was the last genuine Lagid is decisive, for in the similar acquisitions of Pergamus, Cyrene, and Bithynia it was always by the last scion of the legitimate ruling family that Rome was appointed heir. The ancient constitutional law, as it applied at least to the Roman client-states, seems to have given to the reigning prince the right of ultimate disposal of his kingdom not absolutely, but only in the absence of agnati entitled to succeed. Comp. Gutschmid's remark in the German translation of S. Sharpe's History of Egypt, ii. 17. Whether the testament was genuine or spurious, cannot be ascertained, and is of no great moment; there are no special reasons for assuming a forgery.

9. IV. IX. Fresh Difficulties with Mithradates.

10. IV. VIII. Cyrene Roman.

11. V. I. Collapse of the Power of Sertorius.

12. IV. IV. The Provinces.

13. IV. VIII. Lucullus and the Fleet on the Asiatic Coast.

14. IV. VIII. Flaccus Arrives in Asia.

15. III. V. Attitude of the Romans, III. VI. The African Expedition of Scipio.

16. That Tigranocerta was situated in the region of Mardln some two days' march to the west of Nisibis, has been proved by the investigation instituted on the spot by Sachau "Ueber die Lage von Tigranokerta", Abh. der Berliner Akademie, 1880), although the more exact fixing of the locality proposed by Sachau is not beyond doubt. On the other hand, his attempt to clear up the campaign of Lucullus encounters the difficulty that, on the route assumed in it, a crossing of the Tigris is in reality out of the question.

17. Cicero (De Imp. Pomp. 9, 23) hardly means any other than one of the rich temples of the province Elymais, whither the predatory expeditions of the Syrian and Parthian kings were regularly directed (Strabo, xvi. 744; Polyb, xxxi. 11. 1 Maccab. 6, etc.), and probably this as the best known; on no account can the allusion be to the temple of Comana or any shrine at all in the kingdom of Pontus.

18. V. II. Preparations of Mithradates, 328, 334.

19. V. II. Invasion of Pontus by Lucullus.

20. V. II. Roman Preparations.

21. V. I. Want of Leaders.

22. V. II. Maritime War.

23. IV. I. Crete.

24. IV. II. The First Sicilian Slave War, IV. IV. Revolts of the Slaves.

25. These enactments gave rise to the conception of robbery as a separate crime, while the older law comprehended robbery under theft.

26. V. II. The Pirates in the Mediterranean.

27. As the line was thirty-five miles long (Sallust, Hist, iv, 19, Dietsch; Plutarch, Crass. 10), it probably passed not from Squillace to Pizzo, but more to the north, somewhere near Castrovillari and Cassano, over the peninsula which is here in a straight line about twenty-seven miles broad.

28. That Crassus was invested with the supreme command in 682, follows from the setting aside of the consuls (Plutarch, Crass. 10); that the winter of 682-683 was spent by the two armies at the Bruttian wall, follows from the "snowy night". (Plut. l. c).

Chapter III The Fall of the Oligarchy and the Rule of Pompeius

1. IV. X. Assignations to the Soldiers.

2. V. I. Pompeius.

3. IV. X. Abolition of the Gracchan Institutions.

4. V. II. The Insurrection Takes Shape.

5. V. III. Attacks on the Senatorial Tribunals.

6. V. I. Insurrection of Lepidus.

7. IV. X. Co-optation Restored in the Priestly Colleges.

8. V. II. Mutiny of the Soldiers.

9. IV. IV. Marius Commander-in-Chief.

10. The extraordinary magisterial power (pro consule, pro praetore, pro quaestore) might according to Roman state-law originate in three ways. Either it arose out of the principle which held good for the non-urban magistracy, that the office continued up to the appointed legal term, but the official authority up to the arrival of the successor, which was the oldest, simplest, and most frequent case. Or it arose in the way of the appropriate organs - especially the comitia, and in later times also perhaps the senate - nominating a chief magistrate not contemplated in the constitution, who was otherwise on a parity with the ordinary magistrate, but in token of the extraordinary nature of his office designated himself merely "instead of a praetor", or "of a consul". To this class belong also the magistrates nominated in the ordinary way as quaestors, and then extraordinarily furnished with praetorian or even consular official authority (quaestores pro praetore or pro consule); in which quality, for example, Publius Lentulus Marcellinus went in 679 to Cyrene (Sallust, Hist. ii. 39 Dietsch), Gnaeus Piso in 689 to Hither Spain (Sallust, Cat. 19), and Cato in 696 to Cyprus (Vell. ii. 45). Or, lastly, the extraordinary magisterial authority was based on the right of delegation vested in the supreme magistrate. If he left the bounds of his province or otherwise was hindered from administering his office, he was entitled to nominate one of those about him as his substitute, who was then called legatus pro praetore (Sallust, lug. 36, 37, 38), or, if the choice fell on the quaestor, quaestor pro praetore (Sallust, Iug. 103). In like manner he was entitled, if he had no quaestor, to cause the quaestorial duties to be discharged by one of his train, who was then called legatus pro quaestore, a name which is to be met with, perhaps for the first time, on the Macedonian tetradrachms of Sura, lieutenant of the governor of Macedonia, 665-667. But it was contrary to the nature of delegation and therefore according to the older state-law inadmissible, that the supreme magistrate should, without having met with any hindrance in the discharge of his functions, immediately upon his entering on office invest one or more of his subordinates with supreme official authority; and so far the legati pro praetore of the proconsul Pompeius were an innovation, and already similar in kind to those who played so great a part in the times of the Empire.

11. V. III. Attempts to Restore the Tribunician Power.

12. According to the legend king Romulus was torn in pieces by the senators.

13. IV. II. Further Plans of Gracchus.

Chapter IV Pompeius and the East

1. V. III. Senate, Equites, and Populares.

2. V. II. Metellus Subdues Crete.

3. [Literally "twenty German mile"; but the breadth of the island does not seem in reality half so much. - Tr.]

4. V. II. Renewal of the War.

5. Pompeius distributed among his soldiers and officers as presents 384,000,000 sesterces (=16,000 talents, App. Mithr. 116); as the officers received 100,000,000 (Plin. H. N. xxxvii. 2, 16) and each of the common soldiers 6000 sesterces (Plin., App.), the army still numbered at its triumph about 40,000 men.

6. V. II. Sieges of the Pontic Cities.

7. V. II. All the Armenian Conquests Pass into the Hands of the Romans.

8. V. II. Syria under Tigranes.

9. V. II. Syria under Tigranes.

10. IV. I. The Jews.

11. V. II. Siege and Battle of Tigranocerta.

12. Thus the Sadducees rejected the doctrine of angels and spirits and the resurrection of the dead. Most of the traditional points of difference between Pharisees and Sadducees relate to subordinate questions of ritual, jurisprudence, and the calendar. It is a characteristic fact, that the victorious Pharisees have introduced those days, on which they definitively obtained the superiority in particular controversies or ejected heretical members from the supreme consistory, into the list of the memorial and festival days of the nation.

13. V. II. All the Armenian Conquests Pass into the Hands of the Romans.

14. V. II. Beginning of the Armenian War, V. II. All the Armenian Conquests Pass into the Hands of the Romans.

15. Pompeius spent the winter of 689-690 still in the neighbourhood of the Caspian Sea (Dio, xxxvii. 7). In 690 he first reduced the last strongholds still offering resistance in the kingdom of Pontus, and then moved slowly, regulating matters everywhere, towards the south. That the organization of Syria began in 690 is confirmed by the fact that the Syrian provincial era begins with this year, and by Cicero's statement respecting Commagene (Ad Q. fr. ii. 12, 2; comp. Dio, xxxvii. 7). During the winter of 690-691 Pompeius seems to have had his headquarters in Antioch (Joseph, xiv. 3, 1, 2, where the confusion has been rectified by Niese in the Hermes, xi. p. 471).

16. III. V. New Warlike Preparations in Rome.

17. III. IV. War Party and Peace Party in Carthage.

18. Orosius indeed (vi. 6) and Dio (xxxvii. 15), both of them doubtless following Livy, make Pompeius get to Petra and occupy the city or even reach the Red Sea; but that he, on the contrary, soon after receiving the news of the death of Mithradates, which came to him on his march towards Jerusalem, returned from Syria to Pontus, is stated by Plutarch (Pomp. 41, 42) and is confirmed by Floras (i. 39) and Josephus (xiv. 3, 3, 4). If king Aretas figures in the bulletins among those conquered by Pompeius, this is sufficiently accounted for by his withdrawal from Jerusalem at the instigation of Pompeius.

19. V. II. Renewal of the War, V. IV. Variance between Mithradates and Tigranes.

20. This view rests on the narrative of Plutarch (Pomp. 36) which is supported by Strabo's (xvi. 744) description of the position of the satrap of Elymais. It is an embellishment of the matter, when in the lists of the countries and kings conquered by Pompeius Media and its king Darius are enumerated (Diodorus, Fr, Vat. p. 140; Appian, Mithr. 117); and from this there has been further concocted the war of Pompeius with the Medes (Veil. ii. 40; Appian, Mithr. 106, 114) and then even his expedition to Ecbatana (Oros. vi. 5). A confusion with the fabulous town of the same name on Carmel has hardly taken place here; it is simply that intolerable exaggeration - apparently originating in the grandiloquent and designedly ambiguous bulletins of Pompeius - which has converted his razzia against the Gaetulians (p. 94) into a march to the west coast of Africa (Plut. Pomp. 38), his abortive expedition against the Nabataeans into a conquest of the city of Petra, and his award as to the boundaries of Armenia into a fixing of the boundary of the Roman empire beyond Nisibis.

21. The war which this Antiochus is alleged to have waged with Pompeius (Appian, Mithr. 106, 117) is not very consistent with the treaty which he concluded with Lucullus (Dio, xxxvi. 4), and his undisturbed continuance in his sovereignty; presumably it has been concocted simply from the circumstance, that Antiochus of Commagene figured among the kings subdued by Pompeius.

22. To this Cicero's reproach presumably points (De Off. iii. 12, 49): piratas immunes habemus, socios vectigales; in so far, namely, as those pirate-colonies probably had the privilege of immunity conferred on them by Pompeius, while, as is well known, the provincial communities dependent on Rome were, as a rule, liable to taxation.

23. IV. VIII. Pontus.

24. V. IV. Battle at Nicopolis.

25. V. II. Defeat of the Romans in Pontus at Ziela.

26. V. IV. Pompeius Take the Supreme Command against Mithradates.

27. IV. VIII. Weak Counterpreparations of the Romans ff.

28. V. II. Egypt not Annexed.

29. V. IV. Urban Communities.

Chapter V The Struggle of Parties during the Absence of Pompeius

1. V. III. Renewal of the Censorship.

2. IV. VI. Political Projects of Marius.

3. IV. X. Co-optation Restored in the Priestly Colleges.

4. IV. VII. The Sulpician Laws.

5. IV. X. Permanent and Special Quaestiones.

6. IV. VI. And Overpowered.

7. IV. VII. Bestowal of Latin Rights on the Italian Celts.

8. Any one who surveys the whole state of the political relations of this period will need no special proofs to help him to see that the ultimate object of the democratic machinations in 688 et seq. was not the overthrow of the senate, but that of Pompeius. Yet such proofs are not wanting. Sallust states that the Gabinio-Manilian laws inflicted a mortal blow on the democracy (Cat. 39); that the conspiracy of 688-689 and the Servilian rogation were specially directed against Pompeius, is likewise attested (Sallust Cat. 19; Val. Max. vi. 2, 4; Cic. de Lege Agr. ii. 17, 46). Besides the attitude of Crassus towards the conspiracy alone shows sufficiently that it was directed against Pompeius.

9. V. V. Transpadanes.

10. Plutarch, Crass. 13; Cicero, de Lege agr. ii. 17, 44. To this year (689) belongs Cicero's oration de rege Alexandrino, which has been incorrectly assigned to the year 698. In it Cicero refutes, as the fragments clearly show, the assertion of Crassus, that Egypt had been rendered Roman property by the testament of king Alexander. This question of law might and must have been discussed in 689; but in 698 it had been deprived of its significance through the Julian law of 695. In 698 moreover the discussion related not to the question to whom Egypt belonged, but to the restoration of the king driven out by a revolt, and in this transaction which is well known to us Crassus played no part. Lastly, Cicero after the conference of Luca was not at all in a position seriously to oppose one of the triumvirs.

11. V. IV. Pompeius Proceeds to Colchis.

12. V. III. Attacks on the Senatorial Tribunals, V. III. Renewal of the Censorship.

13. The Ambrani (Suet. Caes. 9) are probably not the Ambrones named along with the Cimbri (Plutarch, Mar. 19), but a slip of the pen for Arverni.

14. This cannot well be expressed more naively than is done in the memorial ascribed to his brother (de pet. cons. i, 5; 13, 51, 53; in 690); the brother himself would hardly have expressed his mind publicly with so much frankness. In proof of this unprejudiced persons will read not without interest the second oration against Rullus, where the "first democratic consul", gulling the friendly public in a very delectable fashion, unfolds to it the "true democracy".

15. His epitaph still extant runs: Cn. Calpurnius Cn. f. Piso quaestor fro pr. ex s. c. proviniciam Hispaniam citeriorem optinuit.

16. V. V. Failure of the First Plans of Conspiracy.

17. V. III. Continued Subsistence of the Sullan Constitution.

18. IV. XII. Priestly Colleges.

19. IV. VII. Economic Crisis.

20. V. V. Rehabilitation of Saturninus and Marius.

21. Such an apology is the Catilina of Sallust, which was published by the author, a notorious Caesarian, after the year 708, either under the monarchy of Caesar or more probably under the triumvirate of his heirs; evidently as a treatise with a political drift, which endeavours to bring into credit the democratic party - on which in fact the Roman monarchy was based - and to clear Caesar's memory from the blackest stain that rested on it; and with the collateral object of whitewashing as far as possible the uncle of the triumvir Marcus Antonius (comp. e. g. c. 59 with Dio, xxxvii. 39). The Jugurtha of the same author is in an exactly similar way designed partly to expose the pitifulness of the oligarchic government, partly to glorify the Coryphaeus of the democracy, Gaius Marius. The circumstance that the adroit author keeps the apologetic and inculpatory character of these writings of his in the background, proves, not that they are not partisan treatises, but that they are good ones.

22. V. XII. Greek Literati in Rome.

Chapter VI Retirement of Pompeius and Coalition of the Pretenders

1. V. IV. Aggregate Results.

2. The impression of the first address, which Pompeius made to the burgesses after his return, is thus described by Cicero (ad Att. i. 14): prima contio Pompei non iucunda miseris (the rabble), inanis improbis (the democrats), beatis (the wealthy) non grata, bonis (the aristocrats) non gravis; itaque frigebat.

3. IV. X. Regulating of the Qualifications for Office.

4. V. V. New Projects of the Conspirators.

5. V. VI. Pompeius without Influence.

6. IV. IX. Government of Cinna, IV. X. Punishments Inflicted on Particular Communities.

7. IV. XII. Oriental Religions in Italy.

8. V. V. Transpadanes.

9. IV. X. Cisalpine Gaul Erected into a Province.

10. V. IV. Cyprus Annexed.

11. IV. VI. Violent Proceedings in the Voting.

12. V. IV. Cyprus Annexed.

Chapter VII The Subjugation of the West

1. IV. I. The Callaeci Conquered.

2. IV. IX. Spain.

3. V. I. Renewed Outbreak of the Spanish Insurrection.

4. V. I. Pompeius in Gaul.

5. V. I. Indefinite and Perilous Character of the Sertorian War.

6. V. V. Conviction and Arrest of the Conspirators in the Capital.

7. V. I. Pompeius Puts and End to the Insurrection.

8. IV. II. Scipio Aemilianus.

9. There was found, for instance, at Vaison in the Vocontian canton an inscription written in the Celtic language with the ordinary Greek alphabet. It runs thus: segouaros ouilloneos tooutious namausatis eiorou beileisamisosin nemeiton. The last word means "holy".

10. An immigration of Belgic Celts to Britain continuing for a considerable time seems indicated by the names of English tribes on both banks of the Thames borrowed from Belgic cantons; such as the Atrebates, the Belgae, and even the Britanni themselves, which word appears to have been transferred from the Brittones settled on the Somme below Amiens first to an English canton and then to the whole island. The English gold coinage was also derived from the Belgic and originally identical with it.

11. The first levy of the Belgic cantons exclusive of the Remi, that is, of the country between the Seine and the Scheldt and eastward as far as the vicinity of Rheims and Andernach, from 9000 to 10,000 square miles, is reckoned at about 300,000 men; in accordance with which, if we regard the proportion of the first levy to the whole men capable of bearing arms specified for the Bellovaci as holding good generally, the number of the Belgae capable of bearing arms would amount to 500,000 and the whole population accordingly to at least 2,000,000. The Helvetii with the adjoining peoples numbered before their migration 336,000; if we assume that they were at that time already dislodged from the right bank of the Rhine, their territory may be estimated at nearly 1350 square miles. Whether the serfs are included in this, we can the less determine, as we do not know the form which slavery assumed amongst the Celts; what Caesar relates (i. 4) as to the slaves, clients, and debtors of Orgetorix tells rather in favour of, than against, their being included.

That, moreover, every such attempt to make up by combinations for the statistical basis, in which ancient history is especially deficient, must be received with due caution, will be at once apprehended by the intelligent reader, while he will not absolutely reject it on that account.

12. "In the interior of Transalpine Gaul on the Rhine", says Scrofa in Varro, De R. R. i. 7, 8, "when I commanded there, I traversed some districts, where neither the vine nor the olive nor the fruit-tree appears, where they manure the fields with white Pit-chalk, where they have neither rock - nor sea-salt, but make use of the saline ashes of certain burnt wood instead of salt". This description refers probably to the period before Caesar and to the eastern districts of the old province, such as the country of the Allobroges; subsequently Pliny (H. N. xvii. 6, 42 seq.) describes at length the Gallo-Britannic manuring with marl.

13. "The Gallic oxen especially are of good repute in Italy, for field labour forsooth; whereas the Ligurian are good for nothing". (Varro, De R. R. ii. 5, 9). Here, no doubt, Cisalpine Gaul is referred to, but the cattle-husbandry there doubtless goes back to the Celtic epoch. Plautus already mentions the "Gallic ponie", (Gallici canterii, Aul. iii. 5. 21). "It is not every race that is suited for the business of herdsmen; neither the Bastulians nor the Turdulian", (both in Andalusia) "are fit for it; the Celts are the best, especially as respects beasts for riding and burden (iumenta)", (Varro, De R. R. ii. 10, 4).

14. We are led to this conclusion by the designation of the trading or "roun" as contrasted with the "lon" or war vessel, and the similar contrast of the "oared ship", (epikopoi veies) and the "merchantme", (olkades, Dionys. iii. 44); and moreover by the smallness of the crew in the trading vessels, which in the very largest amounted to not more than 200 men (Rhein. Mus. N. F. xi. 625), while in the ordinary galley of three decks there were employed 170 rowers (III. II. The Romans Build A Fleet). Comp. Movers, Phoen. ii. 3, 167 seq.

15. IV. V. Transalpine Relations of Rome.

16. IV. V. Defeat of Longinus.

17. IV. V. Transalpine Relations of Rome.

18. This remarkable word must have been in use as early as the sixth century of Rome among the Celts in the valley of the Po; for Ennius is already acquainted with it, and it can only have reached the Italians at so early a period from that quarter. It is not merely Celtic, however, but also German, the root of our "Amt", as indeed the retainer-system itself is common to the Celts and the Germans. It would be of great historical importance to ascertain whether the word - and so also the thing - came to the Celts from the Germans, or to the Germans from the Celts. If, as is usually supposed, the word is originally German and primarily signified the servant standing in battle "against the bac", (and = against, bak = back) of his master, this is not wholly irreconcileable with the singularly early occurrence of this word among the Celts. According to all analogy the right to keep ambacti, that is, doouloi misthotoi, cannot have belonged to the Celtic nobility from the outset, but must only have developed itself gradually in antagonism to the older monarchy and to the equality of the free commons. If thus the system of ambacti among the Celts was not an ancient and national, but a comparatively recent institution, it is - looking to the relation which had subsisted for centuries between the Celts and Germans, and which is to be explained farther on - not merely possible but even probable that the Celts, in Italy as in Gaul, employed Germans chiefly as those hired servants-at-arms. The "Swiss guard", would therefore in that case be some thousands of years older than people suppose. Should the term by which the Romans, perhaps after the example of the Celts, designate the Germans as a nation-the name Germani - be really of Celtic origin, this obviously accords very well with that hypothesis. - No doubt these assumptions must necessarily give way, should the word ambactus be explained in a satisfactory way from a Celtic root; as in fact Zeuss (Gramm. p. 796), though doubtfully, traces it to ambi = around and aig = agere, viz. one moving round or moved round, and so attendants, servants. The circumstance that the word occurs also as a Celtic proper name (Zeuss, p. 77), and is perhaps preserved in the Cambrian amaeth = peasant, labourer (Zeuss, p. 156), cannot decide the point either way,

19. From the Celtic words guerg = worker and breth = judgment.

20. IV. V. Transalpine Relations of Rome.

21. The position which such a federal general occupied with reference to his troops, is shown by the accusation of high treason raised against Vercingetorix (Caesar, B. G. vii. 20).

22. IV. V. The Cimbri.

23. II. IV. The Celts Assail the Etruscans in Northern Italy.

24. V. VII. Art and Science.

25. Caesar's Suebi thus were probably the Chatti; but that designation certainly belonged in Caesar's time, and even much later, also to every other German stock which could be described as a regularly wandering one. Accordingly if, as is not to be doubted, the "king of the Sueb", in Mela (iii. i) and Pliny (H. N. ii. 67, 170) was Ariovistus, it by no means therefore follows that Ariovistus was a Chattan. The Marcomani cannot be demonstrated as a distinct people before Marbod; it is very possible that the word up to that point indicates nothing but what it etymologically signifies - the land, or frontier, guard. When Caesar (i, 51) mentions Marcomani among the peoples fighting in the army of Ariovistus, he may in this instance have misunderstood a merely appellative designation, just as he has decidedly done in the case of the Suebi.

26. IV. V. The Tribes at the Sources of the Rhine and Along the Danube.

27. IV. V. The Tribes at the Sources of the Rhine and Along the Danube.

28. IV. V. Teutones in the Province of Gaul.

29. The arrival of Ariovistus in Gaul has been placed, according to Caesar, i. 36, in 683, and the battle of Admagetobriga (for such was the name of the place now usually, in accordance with a false inscription, called Magetobriga), according to Caesar i. 35 and Cicero Ad. Att. i. 19, in 693.

30. V. VII. Wars and Revolts There.

31. That we may not deem this course of things incredible, or even impute to it deeper motives than ignorance and laziness in statesmen, we shall do well to realize the frivolous tone in which a distinguished senator like Cicero expresses himself in his correspondence respecting these important Transalpine affairs.

32. IV. V. Inroad of the Helvetii into Southern Gaul.

33. According to the uncorrected calendar. According to the current rectification, which however here by no means rests on sufficiently trustworthy data, this day corresponds to the 16th of April of the Julian calendar.

34. IV. V. The Cimbri, Teutones, and Helvetii Unite.

35. Julia Equestris, where the last surname is to be taken as in other colonies of Caesar the surnames of sextanorum, decimanorum, etc. It was Celtic or German horsemen of Caesar, who, of course with the bestowal of the Roman or, at any rate, Latin franchise, received land-allotments there.

36. Goler (Caesars gall. Krieg, p. 45, etc.) thinks that he has found the field of battle at Cernay not far from Muhlhausen, which, on the whole, agrees with Napoleon's (Precis, p. 35) placing of the battle-field in the district of Belfort. This hypothesis, although not certain, suits the circumstances of the case; for the fact that Caesar required seven days' march for the short space from Besancon to that point, is explained by his own remark (i. 41) that he had taken a circuit of fifty miles to avoid the mountain paths; and the whole description of the pursuit continued as far as the Rhine, and evidently not lasting for several days but ending on the very day of the battle, decides - the authority of tradition being equally balanced - in favour of the view that the battle was fought five, not fifty, miles from the Rhine. The proposal of Rustow (Einleitung zu Caesars Comm. p. 117) to transfer the field of battle to the upper Saar rests on a misunderstanding. The corn expected from the Sequani, Leuci, Lingones was not to come to the Roman army in the course of their march against Ariovistus, but to be delivered at Besancon before their departure, and taken by the troops along with them; as is clearly apparent from the fact that Caesar, while pointing his troops to those supplies, comforts them at the same time with the hope of corn to be brought in on the route. From Besancon Caesar commanded the region of Langres and Epinal, and, as may be well conceived, preferred to levy his requisitions there rather than in the exhausted districts from which he came.

37. This seems the simplest hypothesis regarding the origin of these Germanic settlements. That Ariovistus settled those peoples on the middle Rhine is probable, because they fight in his army (Caes. i. 51) and do not appear earlier; that Caesar left them in possession of their settlements is probable, because he in presence of Ariovistus declared himself ready to tolerate the Germans already settled in Gaul (Caes. i. 35, 43), and because we find them afterwards in these abodes. Caesar does not mention the directions given after the battle concerning these Germanic settlements, because he keeps silence on principle regarding all the organic arrangements made by him in Gaul.

38. IV. V. The Cimbri, Teutones, and Helvetii Unite.

39. III. II. The Romans Build a Fleet.

40. V. I. Pompeius in Gaul.

41. V. VII. The Germans on the Lower Rhine.

42. The nature of the case as well as Caesar's express statement proves that the passages of Caesar to Britain were made from ports of the coast between Calais and Boulogne to the coast of Kent. A more exact determination of the localities has often been attempted, but without success. All that is recorded is, that on the first voyage the infantry embarked at one port, the cavalry at another distant from the former eight miles in an easterly direction (iv. 22, 23, 28), and that the second voyage was made from that one of those two ports which Caesar had found most convenient, the (otherwise not further mentioned) Portus Itius, distant from the British coast 30 (so according to the MSS. of Caesar v. 2) or 40 miles (=320 stadia, according to Strabo iv. 5, 2, who doubtless drew his account from Caesar). From Caesar's words (iv. 21) that he had chosen "the shortest crossing", we may doubtless reasonably infer that he crossed not the Channel but the Straits of Calais, but by no means that he crossed the latter by the mathematically shortest line. It requires the implicit faith of local topographers to proceed to the determination of the locality with such data in hand - data of which the best in itself becomes almost useless from the variation of the authorities as to the number; but among the many possibilities most may perhaps be said in favour of the view that the Itian port (which Strabo l. c. is probably right in identifying with that from which the infantry crossed in the first voyage) is to be sought near Ambleteuse to the west of Cape Gris Nez, and the cavalry-harbour near Ecale (Wissant) to the east of the same promontory, and that the landing took place to the east of Dover near Walmer Castle.

43. That Cotta, although not lieutenant-general of Sabinus, but like him legate, was yet the younger and less esteemed general and was probably directed in the event of a difference to yield, may be inferred both from the earlier services of Sabinus and from the fact that, where the two are named together (iv. 22, 38; v. 24, 26, 52; vi. 32; otherwise in vi. 37) Sabinus regularly takes precedence, as also from the narrative of the catastrophe itself. Besides we cannot possibly suppose that Caesar should have placed over a camp two officers with equal authority, and have made no arrangement at all for the case of a difference of opinion. the five cohorts are not counted as part of a legion (comp. vi. 32, 33) any more than the twelve cohorts at the Rhine bridge (vi. 29, comp. 32, 33), and appear to have consisted of detachments of other portions of the army, which had been assigned to reinforce this camp situated nearest to the Germans.

44. V. VII. Subjugation of the Belgae.

45. IV. V. War with the Allobroges and Arverni.

46. V. VII. Cantonal Constitution.

47. This, it is true, was only possible, so long as offensive weapons chiefly aimed at cutting and stabbing. In the modern mode of warfare, as Napoleon has excellently explained, this system has become inapplicable, because with our offensive weapons operating from a distance the deployed position is more advantageous than the concentrated. In Caesar's time the reverse was the case.

48. This place has been sought on a rising ground which is still named Gergoie, a league to the south of the Arvernian capital Nemetum, the modern Clermont; and both the remains of rude fortress-walls brought to light in excavations there, and the tradition of the name which is traced in documents up to the tenth century, leave no room for doubt as to the correctness of this determination of the locality. Moreover it accords, as with the other statements of Caesar, so especially with the fact that he pretty clearly indicates Gergovia as the chief place of the Arverni (vii. 4). We shall have accordingly to assume, that the Arvernians after their defeat were compelled to transfer their settlement from Gergovia to the neighbouring less strong Nemetum.

49. The question so much discussed of late, whether Alesia is not rather to be identified with Alaise (25 kilometres to the south of Besancon, dep. Doubs), has been rightly answered in the negative by all judicious inquirers.

50. This is usually sought at Capdenac not far from Figeac; Goler has recently declared himself in favour of Luzech to the west of Cahors, a site which had been previously suggested.

51. This indeed, as may readily be conceived, is not recorded by Caesar himself, but an intelligible hint on this subject is given by Sallust (Hist. i. 9 Kritz), although he too wrote as a partisan of Caesar. Further proofs are furnished by the coins.

52. Thus we read on a semis which a Vergobretus of the Lexovii (Lisieux, dep. Calvados) caused to be struck, the following inscription: Cisiambos Cattos vercobreto; simissos (sic) publicos Lixovio. The often scarcely legible writing and the incredibly wretched stamping of these coins are in excellent harmony with their stammering Latin.

53. V. VII. Caesar and Ariovistus.

54. V. VII. The Helvetii Sent Back to Their Original Abodes.

55. V. VII. Beginning of the Struggle.

56. IV. V. Taurisci.

Chapter VIII The Joint Rule of Pompeius and Caesar

1. This is the meaning of cantorum convitio contiones celebrare (Cic. pro Sest. 55, 118).

2. V. VI. Clodius.

3. IV. V. The Victory and the Parties.

4. Cato was not yet in Rome when Cicero spoke on 11th March 698 in favour of Sestius (Pro Sest. 28, 60) and when the discussion took place in the senate in consequence of the resolutions of Luca respecting Caesar's legions (Plut. Caes. 21); it is not till the discussions at the beginning of 699 that we find him once more busy, and, as he travelled in winter (Plut. Cato Min. 38), he thus returned to Rome in the end of 698. He cannot therefore, as has been mistakenly inferred from Asconius (p. 35, 53), have defended Milo in Feb. 698.

5. Me asinum germanum fuisse (Ad Att. iv. 5, 3).

6. This palinode is the still extant oration on the Provinces to be assigned to the consuls of 699. It was delivered in the end of May 698. The pieces contrasting with it are the orations for Sestius and against Vatinius and that upon the opinion of the Etruscan soothsayers, dating from the months of March and April, in which the aristocratic regime is glorified to the best of his ability and Caesar in particular is treated in a very cavalier tone. It was but reasonable that Cicero should, as he himself confesses (Ad Att. iv. 5, 1), be ashamed to transmit even to intimate friends that attestation of his resumed allegiance.

7. This is not stated by our authorities. But the view that Caesar levied no soldiers at all from the Latin communities, that is to say from by far the greater part of his province, is in itself utterly incredible, and is directly refuted by the fact that the opposition-party slightingly designates the force levied by Caesar as "for the most part natives of the Transpadane colonie", (Caes. B. C. iii. 87); for here the Latin colonies of Strabo (Ascon. in Pison. p. 3; Sueton. Caes. 8) are evidently meant. Yet there is no trace of Latin cohorts in Caesar's Gallic army; on the contrary according to his express statements all the recruits levied by him in Cisalpine Gaul were added to the legions or distributed into legions. It is possible that Caesar combined with the levy the bestowal of the franchise; but more probably he adhered in this matter to the standpoint of his party, which did not so much seek to procure for the Transpadanes the Roman franchise as rather regarded it as already legally belonging to them (iv. 457). Only thus could the report spread, that Caesar had introduced of his own authority the Roman municipal constitution among the Transpadane communities (Cic. Ad Att. v. 3, 2; Ad Fam. viii. 1, 2). This hypothesis too explains why Hirtius designates the Transpadane towns as "colonies of Roman burgesse", (B. G. viii. 24), and why Caesar treated the colony of Comum founded by him as a burgess-colony (Sueton. Caes. 28; Strabo, v. 1, p. 213; Plutarch, Caes. 29), while the moderate party of the aristocracy conceded to it only the same rights as to the other Transpadane communities, viz. Latin rights, and the ultras even declared the civic rights conferred on the settlers as altogether null, and consequently did not concede to the Comenses the privileges attached to the holding of a Latin municipal magistracy (Cic. Ad Att. v. 11, 2; Appian, B. C. ii. 26). Comp. Hermes, xvi. 30.

8. V. VII. Fresh Violations of the Rhine-Boundary by the Germans

9. The collection handed down to us is full of references to the events of 699 and 700 and was doubtless published in the latter year; the most recent event, which it mentions, is the prosecution of Vatinius (Aug. 700). The statement of Hieronymus that Catullus died in 697-698 requires therefore to be altered only by a few years. From the circumstance that Vatinius "swears falsely by his consulship", it has been erroneously inferred that the collection did not appear till after the consulate of Vatinius (707); it only follows from it that Vatinius, when the collection appeared, might already reckon on becoming consul in a definite year, for which he had every reason as early as 700; for his name certainly stood on the list of candidates agreed on at Luca (Cicero, Ad. Att. iv. 8 b. 2).

10. The well-known poem of Catullus (numbered as xxix.) was written in 699 or 700 after Caesar's Britannic expedition and before the death of Julia:

Quis hoc potest videre, quis potest pati, Nisi impudicus et vorax et aleo, Mamurram habere quod comata Gallia Habebat ante et ultima Britannia? etc.

Mamurra of Formiae, Caesar's favourite and for a time during the Gallic wars an officer in his army, had, presumably a short time before the composition of this poem, returned to the capital and was in all likelihood then occupied with the building of his much-talked-of marble palace furnished with lavish magnificence on the Caelian hill. The Iberian booty mentioned in the poem must have reference to Caesar's governorship of Further Spain, and Mamurra must even then, as certainly afterwards in Gaul, have been found at Caesar's headquarters; the Pontic booty presumably has reference to the war of Pompeius against Mithradates, especially as according to the hint of the poet it was not merely Caesar that enriched Mamurra. More innocent than this virulent invective, which was bitterly felt by Caesar (Suet. Caes. 73), is another nearly contemporary poem of the same author (xi.) to which we may here refer, because with its pathetic introduction to an anything but pathetic commission it very cleverly quizzes the general staff of the new regents - the Gabiniuses, Antoniuses, and such like, suddenly advanced from the lowest haunts to headquarters. Let it be remembered that it was written at a time when Caesar was fighting on the Rhine and on the Thames, and when the expeditions of Crassus to Parthia and of Gabinius to Egypt were in preparation. The poet, as if he too expected one of the vacant posts from one of the regents, gives to two of his clients their last instructions before departure: Furi et Aureli, comites Catulli, etc.

11. V. VIII. Clodius.

12. In this year the January with 29 and the February with 23 days were followed by the intercalary month with 28, and then by March.

13. Consul signifies "colleague", (i. 318), and a consul who is at the same time proconsul is at once an actual consul and a consul's substitute.

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

Chapter IX Death of Crassus - Rupture between the Joint Rulers

1. iv. 434.

2. Tigranes was still living in February 698 (Cic. pro Sest. 27, 59); on the other hand Artavasdes was already reigning before 700 (Justin, xlii. 2, 4; Plut. Crass. 49).

3. V. IV. Ptolemaeus in Egypt Recognized, but Expelled by His Subjects.

4. V. IV. Military Pacification of Syria.

5. V. VII. Repulse of the Helvetii, V. VII. Expeditions against the Maritime Cantons.

6. V. VII. Cassivellaunus.

7. V. VII. The Carnutes ff.

8. V. II. Renewal of the War.

9. V. IV. Difficulty with the Parthians.

10. IV. I. War against Aristonicus.

11. V. VII. Insurrection.

12. V. VIII. Humiliation of the Republicans.

13. V. VIII. Changes in the Arrangement of Magistrates and the Jury-System.

14. V. VIII. Humiliation of the Republicans.

15. V. VIII. The Aristocracy Submits ff.

16. V. VIII. Changes in the Arrangement of Magistrates and the Jury-System.

17. V. VIII. The Senate under the Monarchy.

18. V. II. Mutiny of the Soldiers, V. III. Reappearance of Pompeius.

19. V. VII. Alpine Peoples.

20. V. IX. Dictatorship of Pompeius.

21. Homo ingeniosissime nequam (Vellei. ii. 48).

22. V. IX. Debates as to Caesar's Recall.

23. IV. X. The Restoration.

24. V. II. Beginning of the Armenian War.

25. To be distinguished from the consul having the same name of 704; the latter was a cousin, the consul of 705 a brother, of the Marcus Marcellus who was consul in 703.

26. V. IX. Debates ss to Caesar's Recall ff.

27. II. II. Intercession.

Chapter X Brundisium, Ilerda, Pharsalus, and Thapsus

1. V. V. Transpadanes.

2. V. V. Transpadanes.

3. A centurion of Caesar's tenth legion, taken prisoner, declared to the commander-in-chief of the enemy that he was ready with ten of his men to make head against the best cohort of the enemy (500 men; Dell. Afric. 45). "In the ancient mode of fighting", to quote the opinion of Napoleon I, "a battle consisted simply of duels; what was only correct in the mouth of that centurion, would be mere boasting in the mouth of the modern soldier". Vivid proofs of the soldierly spirit that pervaded Caesar's army are furnished by the Reports - appended to his Memoirs - respecting the African and the second Spanish wars, of which the former appears to have had as its author an officer of the second rank, while the latter is in every respect a subaltern camp-journal.

4. V. IX. Debates as to Caesar's Recall.

5. IV. IX. Fresh Difficulties with Mithradates.

6. V. IV. The New Relations of the Romans in the East, V. IV. Galatia.

7. V. IV. Ptolemaeus in Egypt Recognized, but Expelled by His Subjects.

8. V. VII. Wars and Revolts There.

9. V. IX. Repulse of the Parthians.

10. V. IX. Counter-Arrangements of Caesar.

11. V. VIII. Settlement of the New Monarchial Rule.

12. V. VIII. Changes in the Arrangement of Magistracies and the Jury-System.

13. This number was specified by Pompeius himself (Caesar, B.C. i. 6), and it agrees with the statement that he lost in Italy about 60 cohorts or 30,000 men, and took 25,000 over to Greece (Caesar, B.C. iii. 10).

14. V. VII. With the Bellovaci.

15. The decree of the senate was passed on the 7th January; on the 18th it had been already for several days known in Rome that Caesar had crossed the boundary (Cic. ad Att. vii. 10; ix. 10, 4); the messenger needed at the very least three days from Rome to Ravenna. According to this the setting out of Caesar falls about the 12th January, which according to the current reduction corresponds to the Julian 24 Nov. 704.

16. IV. IX. Pompeius.

17. IV. XI. Italian Revenues.

18. V. VII. Caesar in Spain.

19. V. VII. Venetian War ff.

20. III. VI. Scipio Driven Back to the Coast.

21. V. X. Caesar Takes the Offensive.

22. V. VII. Illyria.

23. As according to formal law the "legal deliberative assembl", undoubtedly, just like the "legal court" could only take place in the city itself or within the precincts, the assembly representing the senate in the African army called itself the "three hundred", (Bell. Afric. 88, 90; Appian, ii. 95), not because it consisted of 300 members, but because this was the ancient normal number of senators (i. 98). It is very likely that this assembly recruited its ranks by equites of repute; but, when Plutarch makes the three hundred to be Italian wholesale dealers (Cato Min. 59, 61), he has misunderstood his authority (Bell. Afr. 90). Of a similar kind must have been the arrangement as to the quasi-senate already in Thessalonica.

24. V. X. Indignation of the Anarchist Party against Caesar.

25. V. X. The Pompeian Army.

26. V. IV. And Brought Back by Gabinius.

27. V. X. Caesar's Fleet and Army in Illyricum Destroyed.

28. According to the rectified calendar on the 5th Nov. 705.

29. V. X. Result of the Campaign as a Whole.

30. The exact determination of the field of battle is difficult. Appian (ii. 75) expressly places it between (New) Pharsalus (now Fersala) and the Enipeus. Of the two streams, which alone are of any importance in the question, and are undoubtedly the Apidanus and Enipeus of the ancients - the Sofadhitiko and the Fersaliti - the former has its sources in the mountains of Thaumaci (Dhomoko) and the Dolopian heights, the latter in mount Othrys, and the Fersaliti alone flows past Pharsalus; now as the Enipeus according to Strabo (ix. p. 432) springs from mount Othrys and flows past Pharsalus, the Fersaliti has been most justly pronounced by Leake (Northern Greece, iv. 320) to be the Enipeus, and the hypothesis followed by Goler that the Fersaliti is the Apidanus is untenable. With this all the other statements of the ancients as to the two rivers agree. Only we must doubtless assume with Leake, that the river of Vlokho formed by the union of the Fersaliti and the Sofadhitiko and going to the Peneius was called by the ancients Apidanus as well as the Sofadhitiko; which, however, is the more natural, as while the Sofadhitiko probably has, the Fersaliti has not, constantly water (Leake, iv. 321). Old Pharsalus, from which the battle takes its name, must therefore have been situated between Fersala and the Fersaliti. Accordingly the battle was fought on the left bank of the Fersaliti, and in such a way that the Pompeians, standing with their faces towards Pharsalus, leaned their right wing on the river (Caesar, B. C. iii. 83; Frontinus, Strat. ii. 3, 22). The camp of the Pompeians, however, cannot have stood here, but only on the slope of the heights of Cynoscephalae, on the right bank of the Enipeus, partly because they barred the route of Caesar to Scotussa, partly because their line of retreat evidently went over the mountains that were to be found above the camp towards Larisa; if they had, according to Leake's hypothesis (iv. 482), encamped to the east of Pharsalus on the left bank of the Enipeus, they could never have got to the northward through this stream, which at this very point has a deeply cut bed (Leake, iv. 469), and Pompeius must have fled to Lamia instead of Larisa. Probably therefore the Pompeians pitched their camp on the right bank of the Fersaliti, and passed the river both in order to fight and in order, after the battle, to regain their camp, whence they then moved up the slopes of Crannon and Scotussa, which culminate above the latter place in the heights of Cynoscephalae. This was not impossible. the Enipeus is a narrow slow-flowing rivulet, which Leake found two feet deep in November, and which in the hot season often lies quite dry (Leake, i. 448, and iv. 472; comp. Lucan, vi. 373), and the battle was fought in the height of summer. Further the armies before the battle lay three miles and a half from each other (Appian, B. C. ii. 65), so that the Pompeians could make all preparations and also properly secure the communication with their camp by bridges. Had the battle terminated in a complete rout, no doubt the retreat to and over the river could not have been executed, and doubtless for this reason Pompeius only reluctantly agreed to fight here. The left wing of the Pompeians which was the most remote from the base of retreat felt this; but the retreat at least of their centre and their right wing was not accomplished in such haste as to be impracticable under the given conditions. Caesar and his copyists are silent as to the crossing of the river, because this would place in too clear a light the eagerness for battle of the Pompeians apparent otherwise from the whole narrative, and they are also silent as to the conditions of retreat favourable for these.

31. III. VIII. Battle of Cynoscephalae.

32. With this is connected the well-known direction of Caesar to his soldiers to strike at the faces of the enemy's horsemen. the infantry - which here in an altogether irregular way acted on the offensive against cavalry, who were not to be reached with the sabres - were not to throw their pila, but to use them as hand-spears against the cavalry and, in order to defend themselves better against these, to thrust at their faces (Plutarch, Pomp. 69, 71; Caes. 45; Appian, ii. 76, 78; Flor. ii. 12; Oros. vi. 15; erroneously Frontinus, iv. 7, 32). The anecdotical turn given to this instruction, that the Pompeian horsemen were to be brought to run away by the fear of receiving scars in their faces, and that they actually galloped off "holding their hands before their eye", (Plutarch), collapses of itself; for it has point only on the supposition that the Pompeian cavalry had consisted principally of the young nobility of Rome, the "graceful dancer"; and this was not the case (p. 224). At the most it may be, that the wit of the camp gave to that simple and judicious military order this very irrational but certainly comic turn.

33. V. I. Indefinite and Perilous Character of the Sertorian War.

34. [I may here state once for all that in this and other passages, where Dr. Mommsen appears incidentally to express views of religion or philosophy with which I can scarcely be supposed to agree, I have not thought it right - as is, I believe, sometimes done in similar cases - to omit or modify any portion of what he has written. The reader must judge for himself as to the truth or value of such assertions as those given in the text. - Tr.]

35. V. IX. Passive Resistance of Caesar.

36. V. X. The Armies at Pharsalus.

37. V. IV. And Brought Back by Gabinius.

38. V. X. Caesar's Fleet and Army in Illyricum Destroyed.

39. V. IV. Aggregate Results.

40. V. IV. Ptolemaeus in Egypt Recognized, but Expelled by His Subjects.

41. V. IV. Cyprus Annexed.

42. The loss of the lighthouse-island must have fallen out, where there is now a chasm (B. A. 12), for the island was in fact at first in Caesar's power (B. C. iii. 12; B. A. 8). The mole, must have been constantly in the power of the enemy, for Caesar held intercourse with the island only by ships.

43. V. IV. Robber-Chiefs.

44. V. IV. Robber-Chiefs.

45. V. X. Caesar's Fleet and Army in Illyricum Destroyed.

46. V. VIII. And in the Courts.

47. Much obscurity rests on the shape assumed by the states in northwestern Africa during this period. After the Jugurthine war Bocchus king of Mauretania ruled probably from the western sea to the port of Saldae, in what is now Morocco and Algiers (IV. IV. Reorganization of Numidia); the princes of Tingis (Tangiers) - probably from the outset different from the Mauretanian sovereigns - who occur even earlier (Plut. Serf. 9), and to whom it may be conjectured that Sallust's Leptasta (Hist. ii. 31 Kritz) and Cicero's Mastanesosus (In Vat. 5, 12) belong, may have been independent within certain limits or may have held from him as feudatories; just as Syphax already ruled over many chieftains of tribes (Appian, Pun. 10), and about this time in the neighbouring Numidia Cirta was possessed, probably however under Juba's supremacy, by the prince Massinissa (Appian, B. C. iv. 54). About 672 we find in Bocchus' stead a king called Bocut or Bogud (iv. 92; Orosius, v. 21, 14), the son of Bocchus. From 705 the kingdom appears divided between king Bogud who possesses the western, and king Bocchus who possesses the eastern half, and to this the later partition of Mauretania into Bogud's kingdom or the state of Tingis and Bocchus' kingdom or the state of Iol (Caesarea) refers (Plin. H. N. v. 2, 19; comp. Bell. Afric. 23).

48. IV. IX. Fresh Difficulties with Mithradates.

49. V. V. Resumption of the Conspiracy.

50. V. X. Reorganization of the Coalition In Africa.

51. IV. IV. Reorganization of Numidia.

52. The inscriptions of the region referred to preserve numerous traces of this colonization. The name of the Sittii is there unusually frequent; the African township Milev bears as Roman the name colonia Sarnensis (C. I. L. viii. p. 1094) evidently from the Nucerian river-god Sarnus (Sueton. Rhet. 4).

Chapter XI The Old Republic and the New Monarchy

1. V. X. Insurrection in Alexandria.

2. The affair with Laberius, told in the well-known prologue, has been quoted as an instance of Caesar's tyrannical caprices, but those who have done so have thoroughly misunderstood the irony of the situation as well as of the poet; to say nothing of the naivete of lamenting as a martyr the poet who readily pockets his honorarium.

3. The triumph after the battle of Munda subsequently to be mentioned probably had reference only to the Lusitanians who served in great numbers in the conquered army.

4. Any one who desires to compare the old and new hardships of authors will find opportunity of doing so in the letter of Caecina (Cicero, Aa. Fam. vi. 7).

5. V. VI. Second Coalition of Pompeius, Crassus, and Caesar.

6. When this was written - in the year 1857 - no one could foresee how soon the mightiest struggle and most glorious victory as yet recorded in human annals would save the United States from this fearful trial, and secure the future existence of an absolute self-governing freedom not to be permanently kept in check by any local Caesarism.

7. V. IX. Preparation for Attacks on Caesar.

8. On the 26th January 710 Caesar is still called dictator IIII (triumphal table); on the 18th February of this year he was already dictator perpetuus (Cicero, Philip, ii. 34, 87). Comp. Staatsrecht, ii. 3 716.

9. IV. X. Executions.

10. The formulation of that dictatorship appears to have expressly brought into prominence among other things the "improvement of moral"; but Caesar did not hold on his own part an office of this sort (Staatsrecht, ii. 3 705).

11. Caesar bears the designation of imperator always without any number indicative of iteration, and always in the first place after his name (Staatsrecht, ii. 3 767, note 1).

12. V. V. Rehabilitation of Saturninus and Marius.

13. During the republican period the name Imperator, which denotes the victorious general, was laid aside with the end of the campaign; as a permanent title it first appears in the case of Caesar.

14. That in Caesar's lifetime the imperium as well as the supreme pontificate was rendered by a formal legislative act hereditary for his agnate descendants - of his own body or through the medium of adoption - was asserted by Caesar the Younger as his legal title to rule. As our traditional accounts stand, the existence of such a law or resolution of the senate must be decidedly called in question; but doubtless it remains possible that Caesar intended the issue of such a decree. (Comp, Staatsrecht, ii. 3 787, 1106.)

15. The widely-spread opinion, which sees in the imperial office of Imperator nothing but the dignity of general of the empire tenable for life, is not warranted either by the signification of the word or by the view taken by the old authorities. Imperium is the power of command, Imperator is the possessor of that power; in these words as in the corresponding Greek terms kratos, autokrator - so little is there implied a specific military reference, that it is on the contrary the very characteristic of the Roman official power, where it appears purely and completely, to embrace in it war and process - that is, the military and the civil power of command - as one inseparable whole. Dio says quite correctly (liii. 17; comp, xliii. 44; lii. 41) that the name Imperator was assumed by the emperors "to indicate their full power instead of the title of king and dictator (pros deilosin teis autotelous sphon exousias, anti teis basileos tou te diktatoros epikleiseos); for these other older titles disappeared in name, but in reality the title of Imperator gives the same prerogatives (to de dei ergon auton tei tou autokratoros proseigoria bebaiountai), for instance the right of levying soldiers, imposing taxes, declaring war and concluding peace, exercising the supreme authority over burgess and non-burgess in and out of the city and punishing any one at any place capitally or otherwise, and in general of assuming the prerogatives connected in the earliest times with the supreme imperium". It could not well be said in plainer terms, that Imperator is nothing at all but a synonym for rex, just as imperare coincides with regere.

16. When Augustus in constituting the principate resumed the Caesarian imperium, this was done with the restriction that it should be limited as to space and in a certain sense also as to time; the proconsular power of the emperors, which was nothing but just this imperium, was not to come into application as regards Rome and Italy (Staatsrecht, ii. 8 854). On this element rests the essential distinction between the Caesarian imperium and the Augustan principate, just as on the other hand the real equality of the two institutions rests on the imperfection with which even in principle and still more in practice that limit was realized.

17. II. I. Collegiate Arrangements.

18. On this question there may be difference of opinion, whereas the hypothesis that it was Caesar's intention to rule the Romans as Imperator, the non-Romans as Rex, must be simply dismissed. It is based solely on the story that in the sitting of the senate in which Caesar was assassinated a Sibylline utterance was brought forward by one of the priests in charge of the oracles, Lucius Cotta, to the effect that the Parthians could only be vanquished by a "king" and in consequence of this the resolution was adopted to commit to Caesar regal power over the Roman provinces. This story was certainly in circulation immediately after Caesar's death. But not only does it nowhere find any sort of even indirect confirmation, but it is even expressly pronounced false by the contemporary Cicero (De Div. ii. 54, 119) and reported by the later historians, especially by Suetonius (79) and Dio (xliv. 15) merely as a rumour which they are far from wishing to guarantee; and it is under such circumstances no better accredited by the fact of Plutarch (Caes. 60, 64; Brut. 10) and Appian (B. C. ii. 110) repeating it after their wont, the former by way of anecdote, the latter by way of causal explanation. But the story is not merely unattested; it is also intrinsically impossible. Even leaving out of account that Caesar had too much intellect and too much political tact to decide important questions of state after the oligarchic fashion by a stroke of the oracle-machinery, he could never think of thus formally and legally splitting up the state which he wished to reduce to a level.

19. II. III. Union of the Plebeians.

20. II. I. The New Community.

21. IV. X. Abolition of the Censorial Supervision of the Senate.

22. According to the probable calculation formerly assumed (iv. 113), this would yield an average aggregate number of from 1000 to 1200 senators.

23. This certainly had reference merely to the elections for the years 711 and 712 (Staatsrecht, ii. a 730); but the arrangement was doubtless meant to become permanent.

24. I. V. The Senate as State-Council, II. I. Senate.

25. V. X. Pacification of Alexandria.

26. V. VIII. Changes in the Arrangement of Magistracies and the Jury-System.

27. I. V. The King.

28. Hence accordingly the cautious turns of expression on the mention of these magistracies in Caesar's laws; cum censor aliusve quis magistratus Romae populi censum aget (L. Jul. mun. l. 144); praetor isve quei Romae iure deicundo praerit (L. Rubr. often); quaestor urbanus queive aerario praerit (L. Jul. mun. l. 37 et al.).

29. V. III. New Arrangement as to Jurymen.

30. V. VIII. And in the Courts.

31. Plura enim multo, says Cicero in his treatise De Oratore (ii. 42, 178), primarily with reference to criminal trials, homines iudicant odio aut amore aut cupiditate aut iracundia aut dolore aut laetitia aut spe aut timore aut errore aut aliqua permotione mentis, quam veritate aut praescripto aut iuris norma aliqua aut iudicii formula aut legibus. On this accordingly are founded the further instructions which he gives for advocates entering, on their profession.

32. V. VIII. And in the Courts.

33. V. VII. Macedonia ff.

34. V. VII. The Gallic Plan of War.

35. V. III. Overthrow of the Senatorial Rule, and New Power of Pompeius.

36. With the nomination of a part of the military tribunes by the burgesses (III. XI. Election of Officers in the Comitia) Caesar - in this also a democrat - did not meddle.

37. V. VII. The New Dacian Kingdom.

38. IV. VI. Political Significance of the Marian Military Reform.

39. IV. VI. Political Significance of the Marian Military Reform.

40. V. V. Total Defeat of the Democratic Party.

41. Varro attests the discontinuance of the Sicilian decumae in a treatise published after Cicero's death (De R. R. 2 praef.) where he names - as the corn - provinces whence Rome derives her subsistence - only Africa and Sardinia, no longer Sicily. The Latinitas, which Sicily obtained, must thus doubtless have included this immunity (comp. Staatsrecht, iii. 684).

42. V. X. Field of Caesar's Power.

43. III. XI. Italian Subjects.

44. V. VIII. Clodius.

45. III. XIII. Increase of Amusements.

46. In Sicily, the country of production, the modius was sold within a few years at two and at twenty sesterces; from this we may guess what must have been the fluctuations of price in Rome, which subsisted on transmarine corn and was the seat of speculators.

47. IV. XII. The Finances and Public Buildings.

48. It is a fact not without interest that a political writer of later date but much judgment, the author of the letters addressed in the name of Sallust to Caesar, advises the latter to transfer the corn-distribution of the capital to the several municipia. There is good sense in the admonition; as indeed similar ideas obviously prevailed in the noble municipal provision for orphans under Trajan.

49. V. XI. The State-Hierarchy.

50. III. XII. The Management of the Land and Its Capital.

51. The following exposition in Cicero's treatise De officiis (i. 42) is characteristic: Iam de artificiis et quaestibus, qui liberales habendi, qui sordidi sint, kaec fere accepimus. Primum improbantur ii quaestus, qui in odia hominum incurrunt, ut portitorum, ut feneratorum. Illiberales autem et sordidi quaestus mercenariorum omnium, quorum operae, nonaries emuntur. Est autem in illis ipsa merces auctoramentum servitutis. Sordidi etiam putandi, qui mercantur a mercatoribus quod statim vendant, nihil enim proficiant, nisi admodum mentiantur. Nec vero est quidquam turpius vanitate. Opificesque omnes in sordida arte versantur; nec enim quidquam ingenuum habere potest officina. Minimeque artes eae probandae, quae ministrae sunt voluptatum, "Cetarii, lanii, coqui, fartores, piscatores", ut ait Terentius. Adde huc, si placet, unguentarios, saltatores, totumque ludum talarium. Quibus autem artibus aut prudentia maior inest, aut non mediocris utilitas quaeritur, ut medicina, ut architectura, ut doctrina rerum honestarum, eae sunt iis, quorum ordini conveniunt, honestae. Mercatura autem, si tenuis est, sordida putanda est; sin magna et copiosa, multa undique apportans, multaque sine vanitate impertiens, non est admodum vituperanda; atque etiam, si satiata quaestu, vel contenta potius; ut saepe ex alto in portum, ex ipso portu in agros se possessionesque contulerit, videtur optimo iure posse laudari. Omnium autem rerum, ex quibus aliquid acquiritur, nihil est agricultura melius, nihil uberius, nihil dulcius, nihil homine libero dignius. According to this the respectable man must, in strictness, be a landowner; the trade of a merchant becomes him only so far as it is a means to this ultimate end; science as a profession is suitable only for the Greeks and for Romans not belonging to the ruling classes, who by this means may purchase at all events a certain toleration of their personal presence in genteel circles. It is a thoroughly developed aristocracy of planters, with a strong infusion of mercantile speculation and a slight shading of general culture.

52. IV. IV. Administration under the Restoration.

53. We have still (Macrobius, Hi, 13) the bill of fare of the banquet which Mucius Lentulus Niger gave before 691 on entering on his pontificate, and of which the pontifices - Caesar included - the Vestal Virgins, and some other priests and ladies nearly related to them partook. Before the dinner proper came sea-hedgehogs; fresh oysters as many as the guests wished; large mussels; sphondyli; fieldfares with asparagus; fattened fowls; oyster and mussel pasties; black and white sea-acorns; sphondyli again; glycimarides; sea-nettles; becaficoes; roe-ribs; boar's-ribs; fowls dressed with flour; becaficoes; purple shell-fish of two sorts. The dinner itself consisted of sow's udder; boar's-head; fish-pasties; boar-pasties; ducks; boiled teals; hares; roasted fowls; starch-pastry; Pontic pastry.

These are the college-banquets regarding which Varro (De R. R. iii. 2, 16) says that they forced up the prices of all delicacies. Varro in one of his satires enumerates the following as the most notable foreign delicacies: peacocks from Samos; grouse from Phrygia; cranes from Melos; kids from Ambracia; tunny fishes from Chalcedon; muraenas from the Straits of Gades; bleak-fishes (?aselli) from Pessinus; oysters and scallops from Tarentum; sturgeons (?) from Rhodes; scarus - fishes (?) from Cilicia; nuts from Thasos; dates from Egypt; acorns from Spain.

54. IV. VII. Economic Crisis, IV. IX. Death of Cinna.

55. III. X. Greek National Party.

56. IV. XI. Capitalist Oligarchy.

57. III. XIII. Luxury.

58. IV. XII. Practical Use Made of Religion.

59. III. XIII. Cato's Family Life, iv. 186 f.

60. IV. I. Achaean War.

61. IV. XII. Mixture of Peoples.

62. V. VI. Caesar's Agrarian Law.

63. V. XI. Dolabella.

64. This is not stated by our authorities, but it necessarily follows from the permission to deduct the interest paid by cash or assignation (si quid usurae nomine numeratum aut perscriptum fuisset; Sueton. Caes. 42), as paid contrary to law, from the capital.

65. II. III. Laws Imposing Taxes.

66. V. V. Preparations of the Anarchists in Etruria.

67. IV. VII. Economic Crisis.

68. The Egyptian royal laws (Diodorus, i. 79) and likewise the legislation of Solon (Plutarch, Sol. 13, 15) forbade bonds in which the loss of the personal liberty of the debtor was made the penalty of non-payment; and at least the latter imposed on the debtor in the event of bankruptcy no more than the cession of his whole assets.

69. I. XI. Manumission.

70. II. III. Continued Distress.

71. At least the latter rule occurs in the old Egyptian royal laws (Diodorus, i. 79). On the other hand the Solonian legislation knows no restrictions on interest, but on the contrary expressly allows interest to be fixed of any amount at pleasure.

72. V. VI. Caesar's Agrarian Law.

73. V. VI. Caesar's Agrarian Law.

74. IV. II. Tribunate of Gracchus, IV. II. The Domain Question Viewed in Itself, IV. IV. The Domain Question under the Restoration.

75. IV. XII. Carneades at Rome, V. III. Continued Subsistence of the Sullan Constitution.

76. IV. X. The Roman Municipal System.

77. Of both laws considerable fragments still exist.

78. V. XI. Diminution of the Proletariate.

79. V. VII. Gaul Subdued.

80. As according to Caesar's ordinance annually sixteen propraetors and two proconsuls divided the governorships among them, and the latter remained two years in office (p. 344), we might conclude that he intended to bring the number of provinces in all up to twenty. Certainty is, however, the less attainable as to this, seeing that Caesar perhaps designedly instituted fewer offices than candidatures.

81. This is the so-called "free embass", (libera legatio), namely an embassy without any proper public commission entrusted to it.

82. V. II. Piracy.

83. V. XI. In The Administration of the Capital.

84. V. XI. Foreign Mercenaries.

85. V. IX. In the Governorships.

86. V. XI. Financial Reforms of Caesar.

87. V. I. Organizations of Sertorius.

88. V. XI. Robberies and Damage by War.

89. V. XI. The Roman Capitalists in the Provinces.

90. V. I. Transpadanes, V. VIII. Settlement of the New Monarchial Rule.

91. Narbo was called the colony of the Decimani, Baeterrae of the Septimani, Forum Julii of the Octavani, Arelate of the Sextani, Arausio of the Secundani. The ninth legion is wanting, because it had disgraced its number by the mutiny of Placentia (p. 246). That the colonists of these colonies belonged to the legions from which they took their names, is not stated and is not credible; the veterans themselves were, at least the great majority of them, settled in Italy (p. 358). Cicero's complaint, that Caesar "had confiscated whole provinces and districts at a blow", (De Off. ii. 7, 27; comp. Philipp. xiii. 15, 31, 32) relates beyond doubt, as its close connection with the censure of the triumph over the Massiliots proves, to the confiscations of land made on account of these colonies in the Narbonese province and primarily to the losses of territory imposed on Massilia.

92. IV. VII. Bestowal of Latin Rights on the Italian Celts.

93. V. XI. Other Magistracies and Attributions.

94. We are not expressly informed from whom the Latin rights of the non-colonized townships of this region and especially of Nemausus proceeded. But as Caesar himself (B. C. i. 35) virtually states that Nemausus up to 705 was a Massiliot village; as according to Livy's account (Dio, xli. 25; Flor. ii. 13; Oros. vi. 15) this very portion of territory was taken from the Massiliots by Caesar; and lastly as even on pre-Augustan coins and then in Strabo the town appears as a community of Latin rights, Caesar alone can have been the author of this bestowal of Latinity. As to Ruscino (Roussillon near Perpignan) and other communities in Narbonese Gaul which early attained a Latin urban constitution, we can only conjecture that they received it contemporarily with Nemausus.

95. V. VII. Indulgence toward Existing Arrangements.

96. II. V. Crises within the Romano-Latin League.

97. V. X. The Leaders of the Republicans Put to Death.

98. That no community of full burgesses had more than limited jurisdiction, is certain. But the fact, which is distinctly apparent from the Caesarian municipal ordinance for Cisalpine Gaul, is a surprising one - that the processes lying beyond municipal competency from this province went not before its governor, but before the Roman praetor; for in other cases the governor is in his province quite as much representative of the praetor who administers justice between burgesses as of the praetor who administers justice between burgess and non-burgess, and is thoroughly competent to determine all processes. Beyond doubt this is a remnant of the arrangement before Sulla, under which in the whole continental territory as far as the Alps the urban magistrates alone were competent, and thus all the processes there, where they exceeded municipal competency, necessarily came before the praetors in Rome. In Narbo again, Gades, Carthage, Corinth, the processes in such a case went certainly to the governor concerned; as indeed even from practical considerations the carrying of a suit to Rome could not well be thought of.

99. It is difficult to see why the bestowal of the Roman franchise on a province collectively, and the continuance of a provincial administration for it, should be usually conceived as contrasts excluding each other. Besides, Cisalpine Gaul notoriously obtained the civitas by the Roscian decree of the people of the 11th March 705, while it remained a province as long as Caesar lived and was only united with Italy after his death (Dio, xlviii. 12); the governors also can be pointed out down to 711. The very fact that the Caesarian municipal ordinance never designates the country as Italy, but as Cisalpine Gaul, ought to have led to the right view.

100. IV. II. The First Sicilian Slave War.

101. The continued subsistence of the municipal census-authorities speaks for the view, that the local holding of the census had already been established for Italy in consequence of the Social war (Staatsrecht, ii. 8 368); but probably the carrying out of this system was Caesar's work.

102. II. VII. Intermediate Fuctionaries, III. III. Autonomy.

103. III. XI. Supervision of the Senate Over the Provinces and Their Governors.

104. I. XI. Character of the Roman Law.

105. IV. XIII. Philology.

106. I. XI. Clients and Foreigners.

107. V. XI. Usury Laws.

108. V. V. Transpadanes.

109. I. XIV. Italian Measures ff.

110. III. XII. Coins and Moneys.

111. Weights recently brought to light at Pompeii suggest the hypothesis that at the commencement of the imperial period alongside of the Roman pound the Attic mina (presumably in the ratio of 3: 4) passed current as a second imperial weight (Hermes, xvi. 311).

112. The gold pieces, which Sulla (iv. 179) and contemporarily Pompeius caused to be struck, both in small quantity, do not invalidate this proposition; for they probably came to be taken solely by weight just like the golden Phillippei which were in circulation even down to Caesar's time. They are certainly remarkable, because they anticipate the Caesarian imperial gold just as Sulla's regency anticipated the new monarchy.

113. IV. XI. Token-Money.

114. It appears, namely, that in earlier times the claims of the state-creditors payable in silver could not be paid against their will in gold according to its legal ratio to silver; whereas it admits of no doubt, that from Caesar's time the gold piece had to be taken as a valid tender for 100 silver sesterces. This was just at that time the more important, as in consequence of the great quantities of gold put into circulation by Caesar it stood for a time in the currency of trade 25 per cent below the legal ratio.

115. There is probably no inscription of the Imperial period, which specifies sums of money otherwise than in Roman coin.

116. Thus the Attic drachma, although sensibly heavier than the denarius, was yet reckoned equal to it; the tetradrachmon of Antioch, weighing on an average 15 grammes of silver, was made equal to 3 Roman denarii, which only weigh about 12 grammes; the cistophorus of Asia Minor was according to the value of silver above 3, according to the legal tariff =2 1/2 denarii; the Rhodian half drachma according to the value of silver=3/4, according to the legal tariff = 5/8 of a denarius, and so on.

117. III. III. Illyrian Piracy.

118. The identity of this edict drawn up perhaps by Marcus Flavius (Macrob. Sat. i. 14, 2) and the alleged treatise of Caesar, De Stellis, is shown by the joke of Cicero (Plutarch, Caes. 59) that now the Lyre rises according to edict.

We may add that it was known even before Caesar that the solar year of 365 days 6 hours, which was the basis of the Egyptian calendar, and which he made the basis of his, was somewhat too long. the most exact calculation of the tropical year which the ancient world was acquainted with, that of Hipparchus, put it at 365 d. 5 h. 52' 1; "the true length is 365 d. 5 h. 48' 4".

119. Caesar stayed in Rome in April and Dec. 705, on each occasion for a few days; from Sept. to Dec. 707; some four months in the autumn of the year of fifteen months 708, and from Oct. 709 to March 710.

Chapter XII Religion, Culture, Literature, and Art

1. V. VIII. Clodius

2. III. XIV. Cato's Encyclopedia.

3. These form, as is well known, the so-called seven liberal arts, which, with this distinction between the three branches of discipline earlier naturalized in Italy and the four subsequently received, maintained their position throughout the middle ages.

4. IV. XII. Latin Instruction.

5. Thus Varro (De R. R. i. 2) says: ab aeditimo, ut dicere didicimus a patribus nostris; ut corrigimur ab recenlibus urbanis, ab aedituo.

6. The dedication of the poetical description of the earth which passes under the name of Scymnus is remarkable in reference to those relations. After the poet has declared his purpose of preparing in the favourite Menandrian measure a sketch of geography intelligible for scholars and easy to be learned by heart, he dedicates - as Apollodorus dedicated his similar historical compendium to Attalus Philadelphus king of Pergamus

athanaton aponemonta dexan Attalo

teis pragmateias epigraphein eileiphoti

his manual to Nicomedes III king (663?-679) of Bithynia:

ego d' akouon, dioti ton non basileon

monos basilikein chreistoteita prosphereis

peiran epethumeis autos ep' emautou labein

kai paragenesthai kai ti basileus est' idein,

dio tei prothesei sumboulon exelexamein

... ton Apollena ton Didumei...

ou dei schedon malista kai pepeismenos

pros sein kata logon eika (koinein gar schedon

tois philomathousin anadedeichas) estian.

7. IV. XIII. Historical Composition.

8. V. XII. Greek Instruction.

9. Cicero testifies that the mime in his time had taken the place of the Atellana (Ad Fam. ix. 16); with this accords the fact, that the mimi and mimae first appear about the Sullan epoch (Ad Her. i. 14, 24; ii. 13, 19; Atta Fr. 1 Ribbeck; Plin. H. N. vii. 43, 158; Plutarch, Sull. 2, 36). The designation mimus, however, is sometimes inaccurately applied to the comedian generally. Thus the mimus who appeared at the festival of Apollo in 542-543 (Festus under salva res est; comp. Cicero, De Orat. ii. 59, 242) was evidently nothing but an actor of the palliata, for there was at this period no room in the development of the Roman theatre for real mimes in the later sense.

With the mimus of the classical Greek period - prose dialogues, in which genre pictures, particularly of a rural kind, were presented - the Roman mimus had no especial relation.

10. With the possession of this sum, which constituted the qualification for the first voting-class and subjected the inheritance to the Voconian law, the boundary line was crossed which separated the men of slender means (tenuiores) from respectable people. Therefore the poor client of Catullus (xxiii. 26) beseeches the gods to help him to this fortune.

11. In the "Descensus ad Infero", of Laberius all sorts of people come forward, who have seen wonders and signs; to one there appeared a husband with two wives, whereupon a neighbour is of opinion that this is still worse than the vision, recently seen by a soothsayer in a dream, of six aediles. Caesar forsooth desired - according to the talk of the time - to introduce polygamy in Rome (Suetonius, Caes. 82) and he nominated in reality six aediles instead of four. One sees from this that aberius understood how to exercise the fool's privilege and Caesar how to permit the fool's freedom.

12. V. VIII. Attempts of the Regents to Check It.

13. V. XI. The Poor.

14. IV. XIII. Dramatic Arrangements.

15. He obtained from the state for every day on which he acted 1000 denarii (40 pounds) and besides this the pay for his company. In later years he declined the honorarium for himself.

16. Such an individual apparent exception as Panchaea the land of incense (ii. 417) is to be explained from the circumstance that this had passed from the romance of the Travels of Euhemerus already perhaps into the poetry of Ennius, at any rate into the poems of Lucius Manlius (iv. 242; Plin. H. N. x. a, 4) and thence was well known to the public for which Lucretius wrote.

17. III. XIV. Moral Effect of Tragedy.

18. This naively appears in the descriptions of war, in which the seastorms that destroy armies, and the hosts of elephants that trample down those who are on their own side - pictures, that is, from the Punic wars - appear as if they belong to the immediate present. Comp. ii. 41; v. 1226, 1303, 1339.

19. "No doubt", says Cicero (Tusc. iii. 19, 45) in reference to Ennius, "the glorious poet is despised by our reciters of Euphorion". "I have safely arrived", he writes to Atticus (vii. 2 init.), "as a most favourable north wind blew for us across from Epirus. This spondaic line you may, if you choose, sell to one of the new-fashioned poets as your ow", (ita belle nobis flavit ab Epiro lenissumus Onchesmites. Hunc - spondeiazonta - si cui voles - ton neoteron - pro tuo vendito).

20. V. VIII. Literature of the Opposition.

21. "For me when a boy", he somewhere says, "there sufficed a single rough coat and a single under-garment, shoes without stockings, a horse without a saddle; I had no daily warm bath, and but seldom a river-bath". On account of his personal valour he obtained in the Piratic war, where he commanded a division of the fleet, the naval crown.

22. V. X. The Pompeians in Spain.

23. There is hardly anything more childish than Varro's scheme of all the philosophies, which in the first place summarily declares all systems that do not propose the happiness of man as their ultimate aim to be nonexistent, and then reckons the number of philosophies conceivable under this supposition as two hundred and eighty-eight. The vigorous man was unfortunately too much a scholar to confess that he neither could nor would be a philosopher, and accordingly as such throughout life he performed a blind dance-not altogether becoming - between the Stoa, Pythagoreanism, and Diogenism.

24. On one occasion he writes, "Quintiforis Clodii foria ac poemata ejus gargaridians dices; O fortuna, O fors fortuna". And elsewhere, "Cum Quintipor Clodius tot comoedias sine ulla fecerit Musa, ego unum libellum non 'edolem' ut ait Ennius?". This not otherwise known Clodius must have been in all probability a wretched imitator of Terence, as those words sarcastically laid at his door. "O fortuna, O fors fortuna" are found occurring in a Terentian comedy.

The following description of himself by a poet in Varro's

Onos Louras - ,

Pacuvi discipulus dicor, porro is fuit Enni,

Ennius Musarum; Pompilius clueor

might aptly parody the introduction of Lucretius (p. 474), to whom Varro as a declared enemy of the Epicurean system cannot have been well disposed, and whom he never quotes.

25. He himself once aptly says, that he had no special fondness for antiquated words, but frequently used them, and that he was very fond of poetical words, but did not use them.

26. The following description is taken from the Marcipor "Slave of Marcu"):

Repente noctis circiter meridie

Cum pictus aer fervidis late ignibus

Caeli chorean astricen ostenderet,

Nubes aquali, frigido velo leves

Caeli cavernas aureas subduxerant,

Aquam vomentes inferam mortalibus.

Ventique frigido se ab axe eruperant,

Phrenetici septentrionum filii,

Secum ferentes tegulas, ramos, syrus.

At nos caduci, naufragi, ut ciconiae

Quarum bipennis fulminis plumas vapor

Perussit, alte maesti in terram cecidimus.

In the 'Anthropopolis we find the lines:

Non fit thesauris, non auro pectu' solutum;

Non demunt animis curas ac relligiones

Persarum montes, non atria diviti' Crassi.

But the poet was successful also in a lighter vein. In the Est Modus Matulae there stood the following elegant commendation of wine:

Vino nihil iucundius quisquam bibit.

Hoc aegritudinem ad medendam invenerunt,

Hoc hilaritatis dulce seminarium.

Hoc continet coagulum convivia.

And in the Kosmotonounei the wanderer returning home thus concludes his address to the sailors:

Delis habenas animae leni,

Dum nos ventus flamine sudo

Suavem ad patriam perducit.

27. The sketches of Varro have so uncommon historical and even poetical significance, and are yet, in consequence of the fragmentary shape in which information regarding them has reached us, known to so few and so irksome to study, that we may be allowed to give in this place a resume of some of them with the few restorations indispensable for making them readable.

The satire Manius (Early Up!) describes the management of a rural household. "Manius summons his people to rise with the sun, and in person conducts them to the scene of their work. The youths make their own bed, which labour renders soft to them, and supply themselves with water-jar and lamp. Their drink is the clear fresh spring, their fare bread, and onions as relish. Everything prospers in house and field. The house is no work of art; but an architect might learn symmetry from it. Care is taken of the field, that it shall not be left disorderly and waste, or go to ruin through slovenliness and neglect; in return the grateful Ceres wards off damage from the produce, that the high-piled sheaves may gladden the heart of the husbandman. Here hospitality still holds good; every one who has but imbibed mother's milk is welcome. the bread-pantry and wine-vat and the store of sausages on the rafters, lock and key are at the service of the traveller, and piles of food are set before him; contented sits the sated guest, looking neither before nor behind, dozing by the hearth in the kitchen. the warmest double-wool sheepskin is spread as a couch for him. "Here people still as good burgesses obey the righteous law, which neither out of envy injures the innocent, nor out of favour pardons the guilty. Here they speak no evil against their neighbours. Here they trespass not with their feet on the sacred hearth, but honour the gods with devotion and with sacrifices, throw for the house-spirit his little bit of flesh into his appointed little dish, and when the master of the household dies, accompany the bier with the same prayer with which those of his father and of his grandfather were borne forth".

In another satire there appears a "Teacher of the Ol", (Gerontodidaskalos), of whom the degenerate age seems to stand more urgently in need than of the teacher of youth, and he explains how "once everything in Rome was chaste and pious", and now all things are so entirely changed. "Do my eyes deceive me, or do I see slaves in arms against their masters? - Formerly every one who did not present himself for the levy, was sold on the part of the state into slavery abroad; now the censor who allows cowardice and everything to pass is called [by the aristocracy, III. XI. Separation Of the Orders in the Theatre; IV. X. Shelving of the Censorship, V. III. Renewal of the Censorship; V. VIII. Humiliations of the Republicans] a great citizen, and earns praise because he does not seek to make himself a name by annoying his fellow-citizens. -

Formerly the Roman husbandman had his beard shaven once every week; now the rural slave cannot have it fine enough. - Formerly one saw on the estates a corn-granary, which held ten harvests, spacious cellars for the wine-vats and corresponding wine-presses; now the master keeps flocks of peacocks, and causes his doors to be inlaid with African cypress-wood. - Formerly the housewife turned the spindle with the hand and kept at the same time the pot on the hearth in her eye, that the pottage might not be singed; now", it is said in another satire, "the daughter begs her father for a pound of precious stones, and the wife her husband for a bushel of pearls. - Formerly a newly-married husband was silent and bashful; now the wife surrenders herself to the first coachman that comes. - Formerly the blessing of children was woman's pride; now if her husband desires for himseli children, she replies: Knowest thou not what Ennius says?

"Ter sub armis malim vitam cernere Quam semel modo parere". - "Formerly the wife was quite content, when the husband once or twice in the year gave her a trip to the country in the uncushioned waggon", now, he could add (comp. Cicero, Pro Mil. 21, 55), "the wife sulks if her husband goes to his country estate without her, and the travelling lady is attended to the villa by the fashionable host of Greek menials and the choir". - In a treatise of a graver kind, "Catus or the Training of Children". Varro not only instructs the friend who had asked him for advice on that point, regarding the gods who were according to old usage to be sacrificed to for the children's welfare, but, referring to the more judicious mode of rearing children among the Persians and to his own strictly spent youth, he warns against over-feeding and over-sleeping, against sweet bread and fine fare - the whelps, the old man thinks, are now fed more judiciously than the children - and likewise against the enchantresses' charms and blessings, which in cases of sickness so often take the place of the physician's counsel. He advises to keep the girls at embroidery, that they may afterwards understand how to judge properly of embroidered and textile work, and not to allow them to put off the child's dress too early; he warns against carrying boys to the gladiatorial games, in which the heart is early hardened and cruelty learned. - In the "Man of Sixty Year". Varro appears as a Roman Epimenides who had fallen asleep when a boy of ten and waked up again after half a century. He is astonished to find instead of his smooth-shorn boy's head an old bald pate with an ugly snout and savage bristles like a hedgehog; but he is still more astonished at the change in Rome. Lucrine oysters, formerly a wedding dish, are now everyday fare; for which, accordingly, the bankrupt glutton silently prepares the incendiary torch. While formerly the father disposed of his boy, now the disposal is transferred to the latter: he disposes, forsooth, of his father by poison. The Comitium had become an exchange, the criminal trial a mine of gold for the jurymen. No law is any longer obeyed save only this one, that nothing is given for nothing. All virtues have vanished; in their stead the awakened man is saluted by impiety, perfidy, lewdness, as new denizens. "Alas for thee, Marcus, with such a sleep and such an awakening". - The sketch resembles the Catilinarian epoch, shortly after which (about 697) the old man must have written it, and there lay a truth in the bitter turn at the close; where Marcus, properly reproved for his unseasonable accusations and antiquarian reminiscences, is - with a mock application of a primitive Roman custom - dragged as a useless old man to the bridge and thrown into the Tiber. There was certainly no longer room for such men in Rome.

28. "The innocent", so ran a speech, "thou draggest forth, trembling in every limb, and on the high margin of the river's bank in the dawn of the mornin", [thou causest them to be slaughtered]. Several such phrases, that might be inserted without difficulty in a commonplace novel, occur.

29. V. XII. Poems in Prose.

30. V. XII. Catullus.

31. V. XII. Greek Literati in Rome.

32. That the treatise on the Gallic war was published all at once, has been long conjectured; the distinct proof that it was so, is furnished by the mention of the equalization of the Boii and the Haedui already in the first book (c. 28) whereas the Boii still occur in the seventh (c. 10) as tributary subjects of the Haedui, and evidently only obtained equal rights with their former masters on account of their conduct and that of the Haedui in the war against Vercingetorix. On the other hand any one who attentively follows the history of the time will find in the expression as to the Milonian crisis (vii. 6) a proof that the treatise was published before the outbreak of the civil war; not because Pompeius is there praised, but because Caesar there approves the exceptional laws of 702.(p. 146) This he might and could not but do, so long as he sought to bring about a peaceful accommodation with Pompeius,( p. 175) but not after the rupture, when he reversed the condemnations that took place on the basis of those laws injurious for him.(p. 316) Accordingly the publication of this treatise has been quite rightly placed in 703.

The tendency of the work we discern most distinctly in the constant, often - most decidedly, doubtless, in the case of the Aquitanian expedition (III. XI. The Censorship A Prop of the Nobility) - not successful, justification of every single act of war as a defensive measure which the state of things had rendered inevitable. That the adversaries of Caesar censured his attacks on the Celts and Germans above all as unprovoked, is well known (Sueton. Caes. 24).

33. V. XI. Amnesty.

34. V. XII. The New Roman Poetry.

35. V. XI. Caelius and Milo.

36. V. IX. Curio, V. X. Death of Curio.

37. IV. XIII. Sciences.

38. A remarkable example is the general exposition regarding cattle in the treatise on Husbandry (ii. 1) with the nine times nine subdivisions of the doctrine of cattle-rearing, with the "incredible but true" fact that the mares at Olisipo (Lisbon) become pregnant by the wind, and generally with its singular mixture of philosophical, historical, and agricultural notices.

39. Thus Varro derives facere from facies, because he who makes anything gives to it an appearance, volpes, the fox, after Stilo from volare pedibus as the flying-footed; Gaius Trebatius, a philosophical jurist of this age, derives sacellum from sacra cella, Figulus frater from fere alter and so forth. This practice, which appears not merely in isolated instances but as a main element of the philological literature of this age, presents a very great resemblance to the mode in which till recently comparative philology was prosecuted, before insight into the organism of language put a stop to the occupation of the empirics.

40. V. XII. Grammatical Science.

41. V. XI. Sciences of General Culture at This Period.

42. V. XI. Reform of the Calendar.

43. V. XII. Dramatic Spectacles.

44. Such "Greek entertainment" were very frequent not merely in the Greek cities of Italy, especially in Naples (Cic. pro Arch. 5, 10; Plut. Brut. 21), but even now also in Rome (iv. 192; Cic. Ad Fam. vii. 1, 3; Ad Att. xvi. 5, 1; Sueton. Caes. 39; Plut. Brut. 21). When the well-known epitaph of Licinia Eucharis fourteen years of age, which probably belongs to the end of this period, makes this "girl well instructed and taught in all arts by the Muses themselve", shine as a dancer in the private exhibitions of noble houses and appear first in public on the Greek stage (modo nobilium ludos decoravi choro, et Graeca in scaena prima populo apparui), this doubtless can only mean that she was the first girl that appeared on the public Greek stage in Rome; as generally indeed it was not till this epoch that women began to come forward publicly in Rome (p. 469).

These "Greek entertainment" in Rome seem not to have been properly scenic, but rather to have belonged to the category of composite exhibitions - primarily musical and declamatory - such as were not of rare occurrence in subsequent times also in Greece (Welcker, Griech. Trag., p. 1277). This view is supported by the prominence of flute-playing in Polybius (xxx. 13) and of dancing in the account of Suetonius regarding the armed dances from Asia Minor performed at Caesar's games and in the epitaph of Eucharis; the description also of the citharoedus (Ad Her. iv. 47, 60; comp. Vitruv. v. 5, 7) must have been derived from such "Greek entertainments". The combinations of these representations in Rome with Greek athletic combats is significant (Polyb. l. c.; Liv. xxxix. 22). Dramatic recitations were by no means excluded from these mixed entertainments, since among the players whom Lucius Anicius caused to appear in 587 in Rome, tragedians are expressly mentioned; there was however no exhibition of plays in the strict sense, but either whole dramas, or perhaps still more frequently pieces taken from them, were declaimed or sung to the flute by single artists. This must accordingly have been done also in Rome; but to all appearance for the Roman public the main matter in these Greek games was the music and dancing, and the text probably had little more significance for them than the texts of the Italian opera for the Londoners and Parisians of the present day. Those composite entertainments with their confused medley were far better suited for the Ionian public, and especially for exhibitions in private houses, than proper scenic performances in the Greek language; the view that the latter also took place in Rome cannot be refuted, but can as little be proved.

45. V. XI. Sciences of General Culture at This Period.

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