The History of Rome (Volumes 1-5) · Chapter 144Chapter XI (8)
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The idea of an Italo-Hellenic empire with two languages and a single nationality was not new—otherwise it would have been nothing but a blunder; but the development of it from floating projects to a firmly-grasped conception, from scattered initial efforts to the laying of a concentrated foundation, was the work of the third and greatest of the democratic statesmen of Rome.
The Ruling Nations The Jews
The first and most essential condition for the political and national levelling of the empire was the preservation and extension of the two nations destined to joint dominion, along with the absorption as rapidly as possible of the barbarian races, or those termed barbarian existing by their side. In a certain sense we might no doubt name along with Romans and Greeks a third nationality, which vied with them in ubiquity in the world of that day, and was destined to play no insignificant part in the new state of Caesar. We speak of the Jews. This remarkable people, yielding and yet tenacious, was in the ancient as in the modern world everywhere and nowhere at home, and everywhere and nowhere powerful. The successors of David and Solomon were of hardly more significance for the Jews of that age than Jerusalem for those of the present day; the nation found doubtless for its religious and intellectual unity a visible rallying-point in the petty kingdom of Jerusalem, but the nation itself consisted not merely of the subjects of the Hasmonaeans, but of the innumerable bodies of Jews scattered through the whole Parthian and the whole Roman empire. Within the cities of Alexandria especially and of Cyrene the Jews formed special communities administratively and even locally distinct, not unlike the "Jews' quarters" of our towns, but with a freer position and superintended by a "master of the people" as superior judge and administrator. How numerous even in Rome the Jewish population was already before Caesar's time, and how closely at the same time the Jews even then kept together as fellow-countrymen, is shown by the remark of an author of this period, that it was dangerous for a governor to offend the Jews, in his province, because he might then certainly reckon on being hissed after his return by the populace of the capital. Even at this time the predominant business of the Jews was trade; the Jewish trader moved everywhere with the conquering Roman merchant then, in the same way as he afterwards accompanied the Genoese and the Venetian, and capital flowed in on all hands to the Jewish, by the side of the Roman, merchants. At this period too we encounter the peculiar antipathy of the Occidentals towards this so thoroughly Oriental race and their foreign opinions and customs. This Judaism, although not the most pleasing feature in the nowhere pleasing picture of the mixture of nations which then prevailed, was nevertheless a historical element developing itself in the natural course of things, which the statesman could neither ignore nor combat, and which Caesar on the contrary, just like his predecessor Alexander, with correct discernment of the circumstances, fostered as far as possible. While Alexander, by laying the foundation of Alexandrian Judaism, did not much less for the nation than its own David by planning the temple of Jerusalem, Caesar also advanced the interests of the Jews in Alexandria and in Rome by special favours and privileges, and protected in particular their peculiar worship against the Roman as well as against the Greek local priests. The two great men of course did not contemplate placing the Jewish nationality on an equal footing with the Hellenic or Italo-Hellenic. But the Jew who has not like the Occidental received the Pandora's gift of political organization, and stands substantially in a relation of indifference to the state; who moreover is as reluctant to give up the essence of his national idiosyncrasy, as he is ready to clothe it with any nationality at pleasure and to adapt himself up to a certain degree to foreign habits—the Jew was for this very reason as it were made for a state, which was to be built on the ruins of a hundred living polities and to be endowed with a somewhat abstract and, from the outset, toned-down nationality. Even in the ancient world Judaism was an effective leaven of cosmopolitanism and of national decomposition, and to that extent a specially privileged member in the Caesarian state, the polity of which was strictly speaking nothing but a citizenship of the world, and the nationality of which was at bottom nothing but humanity.
Hellenism
But the Latin and Hellenic nationalities continued to be exclusively the positive elements of the new citizenship. The distinctively Italian state of the republic was thus at an end; but the rumour that Caesar was ruining Italy and Rome on purpose to transfer the centre of the empire to the Greek east and to make Ilion or Alexandria its capital, was nothing but a piece of talk— very easy to be accounted for, but also very silly—of the angry nobility. On the contrary in Caesar's organizations the Latin nationality always retained the preponderance; as is indicated in the very fact that he issued all his enactments in Latin, although those destined for the Greek-speaking countries were at the same time issued in Greek. In general he arranged the relations of the two great nations in his monarchy just as his republican predecessors had arranged them in the united Italy; the Hellenic nationality was protected where it existed, the Italian was extended as far as circumstances permitted, and the inheritance of the races to be absorbed was destined for it. This was necessary, because an entire equalizing of the Greek and Latin elements in the state would in all probability have in a very short time occasioned that catastrophe which Byzantinism brought about several centuries later; for the Greek element was superior to the Roman not merely in all intellectual aspects, but also in the measure of its predominance, and it had within Italy itself in the hosts of Hellenes and half-Hellenes who migrated compulsorily or voluntarily to Italy an endless number of apostles apparently insignificant, but whose influence could not be estimated too highly. To mention only the most conspicuous phenomenon in this respect, the rule of Greek lackeys over the Roman monarchs is as old as the monarchy. The first in the equally long and repulsive list of these personages is the confidential servant of Pompeius, Theophanes of Mytilene, who by his power over his weak master contributed probably more than any one else to the outbreak of the war between Pompeius and Caesar. Not wholly without reason he was after his death treated with divine honours by his countrymen; he commenced, forsooth, the -valet de chambre- government of the imperial period, which in a certain measure was just a dominion of the Hellenes over the Romans. The government had accordingly every reason not to encourage by its fostering action the spread of Hellenism at least in the west. If Sicily was not simply relieved of the pressure of the -decumae- but had its communities invested with Latin rights, which was presumably meant to be followed in due time by full equalization with Italy, it can only have been Caesar's design that this glorious island, which was at that time desolate and had as to management passed for the greater part into Italian hands, but which nature has destined to be not so much a neighbouring land to Italy as rather the finest of its provinces, should become altogether merged in Italy. But otherwise the Greek element, wherever it existed, was preserved and protected. However political crises might suggest to the Imperator the demolition of the strong pillars of Hellenism in the west and in Egypt, Massilia and Alexandria were neither destroyed nor denationalized.
Latinizing
On the other hand the Roman element was promoted by the government through colonization and Latinizing with all vigour and at the most various points of the empire. The principle, which originated no doubt from a bad combination of formal law and brute force, but was inevitably necessary in order to freedom in dealing with the nations destined to destruction—that all the soil in the provinces not ceded by special act of the government to communities or private persons was the property of the state, and the holder of it for the time being had merely an heritable possession on sufferance and revocable at any time—was retained also by Caesar and raised by him from a democratic party-theory to a fundamental principle of monarchical law.
Cisalpine Gaul
Gaul, of course, fell to be primarily dealt with in the extension of Roman nationality. Cisalpine Gaul obtained throughout— what a great part of the inhabitants had long enjoyed— political equalization with the leading country by the admission of the Transpadane communities into the Roman burgess-union, which had for long been assumed by the democracy as accomplished,(90) and was now (705) finally accomplished by Caesar. Practically this province had already completely Latinized itself during the forty years which had elapsed since the bestowal of Latin rights. The exclusives might ridicule the broad and gurgling accent of the Celtic Latin, and miss "an undefined something of the grace of the capital" in the Insubrian or Venetian, who as Caesar's legionary had conquered for himself with his sword a place in the Roman Forum and even in the Roman senate-house. Nevertheless Cisalpine Gaul with its dense chiefly agricultural population was even before Caesar's time in reality an Italian country, and remained for centuries the true asylum of Italian manners and Italian culture; indeed the teachers of Latin literature found nowhere else out of the capital so much encouragement and approbation.
The Province of Narbo
While Cisalpine Gaul was thus substantially merged in Italy, the place which it had hitherto occupied was taken by the Transalpine province, which had been converted by the conquests of Caesar from a frontier into an inland province, and which by its vicinity as well as by its climate was fitted beyond all other regions to become in due course of time likewise an Italian land. Thither principally, according to the old aim of the transmarine settlements of the Roman democracy, was the stream of Italian emigration directed. There the ancient colony of Narbo was reinforced by new settlers, and four new burgess-colonies were instituted at Baeterrae (Beziers) not far from Narbo, at Arelate (Aries) and Arausio (Orange) on the Rhone, and at the new seaport Forum Julii (Frejus); while the names assigned to them at the same time preserved the memory of the brave legions which had annexed northern Gaul to the empire.(91) The townships not furnished with colonists appear, at least for the most part, to have been led on toward Romanization in the same way as Transpadane Gaul in former times(92) by the bestowal of Latin urban rights; in particular Nemausus (Nimes), as the chief place of the territory taken from the Massiliots in consequence of their revolt against Caesar,(93)was converted from a Massiliot village into a Latin urban community, and endowed with a considerable territory and even with the right of coinage.(94) While Cisalpine Gaul thus advanced from the preparatory stage to full equality with Italy, the Narbonese province advanced at the same time into that preparatory stage; just as previously in Cisalpine Gaul, the most considerable communities there had the full franchise, the rest Latin rights.
Northern Gaul
In the other non-Greek and non-Latin regions of the empire, which were still more remote from the influence of Italy and the process of assimilation, Caesar confined himself to the establishment of several centres for Italian civilization such as Narbo had hitherto been in Gaul, in order by their means to pave the way for a future complete equalization. Such initial steps can be pointed out in all the provinces of the empire, with the exception of the poorest and least important of all, Sardinia. How Caesar proceeded in Northern Gaul, we have already set forth;(95) the Latin language there obtained throughout official recognition, though not yet employed for all branches of public intercourse, and the colony of Noviodunum (Nyon) arose on the Leman lake as the most northerly town with an Italian constitution.
Spain
In Spain, which was presumably at that time the most densely peopled country of the Roman empire, not merely were Caesarian colonists settled in the important Helleno-Iberian seaport town of Emporiae by the side of the old population; but, as recently-discovered records have shown, a number of colonists probably taken predominantly from the proletariate of the capital were provided for in the town of Urso (Osuna), not far from Seville in the heart of Andalusia, and perhaps also in several other townships of this province. The ancient and wealthy mercantile city of Gades, whose municipal system Caesar even when praetor had remodelled suitably to the times, now obtained from the Imperator the full rights of the Italian -municipia-(705) and became—what Tusculum had been in Italy(96)—the first extra-Italian community not founded by Rome which was admitted into the Roman burgess-union. Some years afterwards (709) similar rights were conferred also on some other Spanish communities, and Latin rights presumably on still more.
Carthage
In Africa the project, which Gaius Gracchus had not been allowed to bring to an issue, was now carried out, and on the spot where the city of the hereditary foes of Rome had stood, 3000 Italian colonists and a great number of the tenants on lease and sufferance resident in the Carthaginian territory were settled; and the new "Venus-colony," the Roman Carthage, throve with amazing rapidity under the incomparably favourable circumstances of the locality. Utica, hitherto the capital and first commercial town in the province, had already been in some measure compensated beforehand, apparently by the bestowal of Latin rights, for the revival of its superior rival. In the Numidian territory newly annexed to the empire the important Cirta and the other communities assigned to the Roman condottiere Publius Sittius for himself and his troops(97) obtained the legal position of Roman military colonies. The stately provincial towns indeed, which the insane fury of Juba and of the desperate remnant of the constitutional party had converted into ruins, did not revive so rapidly as they had been reduced to ashes, and many a ruinous site recalled long afterwards this fatal period; but the two new Julian colonies, Carthage and Cirta, became and continued to be the centres of Africano-Roman civilization.
Corinth The East
In the desolate land of Greece, Caesar, besides other plans such as the institution of a Roman colony in Buthrotum (opposite Corfu), busied himself above all with the restoration of Corinth. Not only was a considerable burgess-colony conducted thither, but a plan was projected for cutting through the isthmus, so as to avoid the dangerous circumnavigation of the Peloponnesus and to make the whole traffic between Italy and Asia pass through the Corintho- Saronic gulf. Lastly even in the remote Hellenic east the monarch called into existence Italian settlements; on the Black Sea, for instance, at Heraclea and Sinope, which towns the Italian colonists shared, as in the case of Emporiae, with the old inhabitants; on the Syrian coast, in the important port of Berytus, which like Sinope obtained an Italian constitution; and even in Egypt, where a Roman station was established on the lighthouse-island commanding the harbour of Alexandria.
Extension of the Italian Municipal Constitution to the Provinces
Through these ordinances the Italian municipal freedom was carried into the provinces in a manner far more comprehensive than had been previously the case. The communities of full burgesses—that is, all the towns of the Cisalpine province and the burgess-colonies and burgess-municipia—scattered in Transalpine Gaul and elsewhere— were on an equal footing with the Italian, in so far as they administered their own affairs, and even exercised a certainly limited jurisdiction; while on the other hand the more important processes came before the Roman authorities competent to deal with them—as a rule the governor of the province.(98) The formally autonomous Latin and the other emancipated communities-thus including all those of Sicily and of Narbonese Gaul, so far as they were not burgess-communities, and a considerable number also in the other provinces—had not merely free administration, but probably unlimited jurisdiction; so that the governor was only entitled to interfere there by virtue of his— certainly very arbitrary—administrative control. No doubt even earlier there had been communities of full burgesses within the provinces of governors, such as Aquileia, and Narbo, and whole governors' provinces, such as Cisalpine Gaul, had consisted of communities with Italian constitution; but it was, if not in law, at least in a political point of view a singularly important innovation, that there was now a province which as well as Italy was peopled solely by Roman burgesses,(99) and that others promised to become such.
Italy and the Provinces Reduced to One Level
With this disappeared the first great practical distinction that separated Italy from the provinces; and the second—that ordinarily no troops were stationed in Italy, while they were stationed in the provinces—was likewise in the course of disappearing; troops were now stationed only where there was a frontier to be defended, and the commandants of the provinces in which this was not the case, such as Narbo and Sicily, were officers only in name. The formal contrast between Italy and the provinces, which had at all times depended on other distinctions,(100) continued certainly even now to subsist, for Italy was the sphere of civil jurisdiction and of consuls and praetors, while the provinces were districts under the jurisdiction of martial law and subject to proconsuls and propraetors; but the procedure according to civil and according to martial law had for long been practically coincident, and the different titles of the magistrates signified little after the one Imperator was over all.
In all these various municipal foundations and ordinances— which are traceable at least in plan, if not perhaps all in execution, to Caesar—a definite system is apparent. Italy was converted from the mistress of the subject peoples into the mother of the renovated Italo-Hellenic nation. The Cisalpine province completely equalized with the mother-country was a promise and a guarantee that, in the monarchy of Caesar just as in the healthier times of the republic, every Latinized district might expect to be placed on an equal footing by the side of its elder sisters and of the mother herself. On the threshold of full national and political equalization with Italy stood the adjoining lands, the Greek Sicily and the south of Gaul, which was rapidly becoming Latinized. In a more remote stage of preparation stood the other provinces of the empire, in which, just as hitherto in southern Gaul Narbo had been a Roman colony, the great maritime cities—Emporiae, Gades, Carthage, Corinth, Heraclea in Pontus, Sinope, Berytus, Alexandria— now became Italian or Helleno-Italian communities, the centres of an Italian civilization even in the Greek east, the fundamental pillars of the future national and political levelling of the empire. The rule of the urban community of Rome over the shores of the Mediterranean was at an end; in its stead came the new Mediterranean state, and its first act was to atone for the two greatest outrages which that urban community had perpetrated on civilization. While the destruction of the two greatest marts of commerce in the Roman dominions marked the turning-point at which the protectorate of the Roman community degenerated into political tyrannizing over, and financial exaction from, the subject lands, the prompt and brilliant restoration of Carthage and Corinth marked the foundation of the new great commonwealth which was to train up all the regions on the Mediterranean to national and political equality, to union in a genuine state. Well might Caesar bestow on the city of Corinth in addition to its far-famed ancient name the new one of "Honour to Julius" (-Lavs Jvli-).
Organization of the New Empire
While thus the new united empire was furnished with a national character, which doubtless necessarily lacked individuality and was rather an inanimate product of art than a fresh growth of nature, it further had need of unity in those institutions which express the general life of nations—in constitution and administration, in religion and jurisprudence, in money, measures, and weights; as to which, of course, local diversities of the most varied character were quite compatible with essential union. In all these departments we can only speak of the initial steps, for the thorough formation of the monarchy of Caesar into an unity was the work of the future, and all that he did was to lay the foundation for the building of centuries. But of the lines, which the great man drew in these departments, several can still be recognized; and it is more pleasing to follow him here, than in the task of building from the ruins of the nationalities.
Census of the Empire
As to constitution and administration, we have already noticed elsewhere the most important elements of the new unity— the transition of the sovereignty from the municipal council of Rome to the sole master of the Mediterranean monarchy; the conversion of that municipal council into a supreme imperial council representing Italy and the provinces; above all, the transference—now commenced— of the Roman, and generally of the Italian, municipal organization to the provincial communities. This latter course—the bestowal of Latin, and thereafter of Roman, rights on the communities ripe for full admission to the united state—gradually of itself brought about uniform communal arrangements. In one respect alone this process could not be waited for. The new empire needed immediately an institution which should place before the government at a glance the principal bases of administration—the proportions of population and property in the different communities— in other words an improved census. First the census of Italy was reformed. According to Caesar's ordinance(101)—which probably, indeed, only carried out the arrangements which were, at least as to principle, adopted in consequence of the Social war— in future, when a census took place in the Roman community, there were to be simultaneously registered by the highest authority in each Italian community the name of every municipal burgess and that of his father or manumitter, his district, his age, and his property; and these lists were to be furnished to the Roman censor early enough to enable him to complete in proper time the general list of Roman burgesses and of Roman property. That it was Caesar's intention to introduce similar institutions also in the provinces is attested partly by the measurement and survey of the whole empire ordered by him, partly by the nature of the arrangement itself; for it in fact furnished the general instrument appropriate for procuring, as well in the Italian as in the non-Italian communities of the state, the information requisite for the central administration. Evidently here too it was Caesar's intention to revert to the traditions of the earlier republican times, and to reintroduce the census of the empire, which the earlier republic had effected— essentially in the same way as Caesar effected the Italian— by analogous extension of the institution of the urban censorship with its set terms and other essential rules to all the subject communities of Italy and Sicily.(102) This had been one of the first institutions which the torpid aristocracy allowed to drop, and in this way deprived the supreme administrative authority of any view of the resources in men and taxation at its disposal and consequently of all possibility of an effective control.(103) The indications still extant, and the very connection of things, show irrefragably that Caesar made preparations to renew the general census that had been obsolete for centuries.
Religion of the Empire
We need scarcely say that in religion and in jurisprudence no thorough levelling could be thought of; yet with all toleration towards local faiths and municipal statutes the new state needed a common worship corresponding to the Italo-Hellenic nationality and a general code of law superior to the municipal statutes. It needed them; for de facto both were already in existence. In the field of religion men had for centuries been busied in fusing together the Italian and Hellenic worships partly by external adoption, partly by internal adjustment of their respective conceptions of the gods; and owing to the pliant formless character of the Italian gods, there had been no great difficulty in resolving Jupiter into Zeus, Venus into Aphrodite, and so every essential idea of the Latin faith into its Hellenic counterpart. The Italo-Hellenic religion stood forth in its outlines ready-made; how much in this very department men were conscious of having gone beyond the specifically Roman point of view and advanced towards an Italo-Hellenic quasi-nationality, is shown by the distinction made in the already-mentioned theology of Varro between the "common" gods, that is, those acknowledged by Romans and Greeks, and the special gods of the Roman community.
Law of the Empire
So far as concerns the field of criminal and police law, where the government more directly interferes and the necessities of the case are substantially met by a judicious legislation, there was no difficulty in attaining, in the way of legislative action, that degree of material uniformity which certainly was in this department needful for the unity of the empire. In the civil law again, where the initiative belongs to commercial intercourse and merely the formal shape to the legislator, the code for the united empire, which the legislator certainly could not have created, had been already long since developed in a natural way by commercial intercourse itself. The Roman urban law was still indeed legally based on the embodiment of the Latin national law contained in the Twelve Tables. Later laws had doubtless introduced various improvements of detail suited to the times, among which the most important was probably the abolition of the old inconvenient mode of commencing a process through standing forms of declaration by the parties(104) and the substitution of an instruction drawn up in writing by the presiding magistrate for the single juryman (formula): but in the main the popular legislation had only piled upon that venerable foundation an endless chaos of special laws long since in great part antiquated and forgotten, which can only be compared to the English statute-law. The attempts to impart to them scientific shape and system had certainly rendered the tortuous paths of the old civil law accessible, and thrown light upon them;(105) but no Roman Blackstone could remedy the fundamental defect, that an urban code composed four hundred years ago with its equally diffuse and confused supplements was now to serve as the law of a great state.
The New Urban Law or the Edict
Commercial intercourse provided for itself a more thorough remedy. The lively intercourse between Romans and non-Romans had long ago developed in Rome an international private law (-ius gentium-;(106)), that is to say, a body of maxims especially relating to commercial matters, according to which Roman judges pronounced judgment, when a cause could not be decided either according to their own or any other national code and they were compelled—setting aside the peculiarities of Roman, Hellenic, Phoenician and other law— to revert to the common views of right underlying all dealings. The formation of the newer law attached itself to this basis. In the first place as a standard for the legal dealings of Roman burgesses with each other, it de facto substituted for the old urban law, which had become practically useless, a new code based in substance on a compromise between the national law of the Twelve Tables and the international law or so-called law of nations. The former was essentially adhered to, though of course with modifications suited to the times, in the law of marriage, family, and inheritance; whereas in all regulations which concerned dealings with property, and consequently in reference to ownership and contracts, the international law was the standard; in these matters indeed various important arrangements were borrowed even from local provincial law, such as the legislation as to usury,(107) and the institution of -hypotheca-. Through whom, when, and how this comprehensive innovation came into existence, whether at once or gradually, whether through one or several authors, are questions to which we cannot furnish a satisfactory answer. We know only that this reform, as was natural, proceeded in the first instance from the urban court; that it first took formal shape in the instructions annually issued by the -praetor urbanus-, when entering on office, for the guidance of the parties in reference to the most important maxims of law to be observed in the judicial year then beginning (-edictum annuum- or -perpetuum praetoris urbani de iuris dictione-); and that, although various preparatory steps towards it may have been taken in earlier times, it certainly only attained its completion in this epoch. The new code was theoretic and abstract, inasmuch as the Roman view of law had therein divested itself of such of its national peculiarities as it had become aware of; but it was at the same time practical and positive, inasmuch as it by no means faded away into the dim twilight of general equity or even into the pure nothingness of the so-called law of nature, but was applied by definite functionaries for definite concrete cases according to fixed rules, and was not merely capable of, but had already essentially received, a legal embodiment in the urban edict. This code moreover corresponded in matter to the wants of the time, in so far as it furnished the more convenient forms required by the increase of intercourse for legal procedure, for acquisition of property, and for conclusion of contracts. Lastly, it had already in the main become subsidiary law throughout the compass of the Roman empire, inasmuch as— while the manifold local statutes were retained for those legal relations which were not directly commercial, as well as for local transactions between members of the same legal district—dealings relating to property between subjects of the empire belonging to different legal districts were regulated throughout after the model of the urban edict, though not applicable de jure to these cases, both in Italy and in the provinces. The law of the urban edict had thus essentially the same position in that age which the Roman law has occupied in our political development; this also is, so far as such opposites can be combined, at once abstract and positive; this also recommended itself by its (compared with the earlier legal code) flexible forms of intercourse, and took its place by the side of the local statutes as universal subsidiary law. But the Roman legal development had an essential advantage over ours in this, that the denationalized legislation appeared not, as with us, prematurely and by artificial birth, but at the right time and agreeably to nature.