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Social life at Rome in the Age of Cicero
by W. Warde Fowler
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It is the great merit of Augustus that he made Rome not only a city of marble, but one in which the person and property of all citizens were fairly secure. By a new and rational bankruptcy law, and by a well-organised system of police, he made life endurable even for the poorest. If he initiated a policy which eventually spoilt and degraded the Roman population, if he failed to encourage free industry as persistently as it seems to us that he might have done, he may perhaps be in some degree excused, as knowing the conditions and difficulties of the problem before him better than we can know them.



CHAPTER III

THE MEN OF BUSINESS AND THEIR METHODS

The highest class in the social scale at Rome was divided, roughly rather than exactly, into two sections, according as they did or did not aim at being elected to magistracies and so entering the senate. To the senatorius ordo, which will be dealt with in the next chapter, belonged all senators, and all sons of senators whether or no they had as yet been elected to the quaestorship, which after Sulla was the magistracy qualifying for the senate. But outside the senatorial ranks there were numbers of wealthy and well educated men, most of whom were engaged in one way or another in business; by which term is here meant, not so much trading and mercantile operations, as banking, money-lending, the undertaking of State contracts, and the raising of taxes. The general name for this class was, strange to say, equites, or knights, as they are often but unfortunately called in modern histories of Rome. They were in fact at this time the most unmilitary part of the population, and they inherited the title only because the property qualification for the equites equo privato, i.e. the cavalry who served with their horses, had been taken as the qualification also for equestrian judices, to whom Gaius Gracchus had given the decision of cases in the quaestio de repetundis.[97] This law of Gracchus had had the result of constituting an ordo equester alongside of the ordo senatorius, with a property qualification of 400,000 sesterces, or about L3200, not of income but of capital. Any one who had this sum could call himself an eques, provided he were not a senator, even if he had never served in the cavalry or mounted a horse.

We are concerned here with the business which these men carried on, not with their history as a body in the State; this latter difficult subject has been handled by Dr. Greenidge in his Roman Public Life, and by many other writers. We have to take them here as the representatives of capital and the chief uses to which it was put in the age of Cicero; for, as a matter of fact, they were then doing by far the greatest part of the money-making of the Empire. They were not indeed always doing it for themselves; they often represented men of senatorial rank, and acted as their agents in the investment of money and in securing the returns due. For the senator was not allowed, by the strict letter of the law, to engage in business which would take him out of Italy;[98] his services were needed at home, and if indeed he had performed his proper work with industry and energy he never could have found time to travel on his own business. At the time of which we are speaking there were ways in which he could escape from his duties,—ways only too often used; but many senators did undoubtedly employ members of the equestrian order to transact their business abroad, so that it is not untrue to say that the equites had in their hands almost the whole of the monetary business of the Empire.

The property qualification may seem to us small enough, but it is of course no real index to the amount of capital which a wealthy eques might possess. Nothing is more astonishing in the history of the last century of the republic than the vast sums of money in the hands of individuals, and the enormous sums lent and borrowed in private by the men whose names are familiar to us as statesmen. It is told of Caesar that as a very young man he owed a sum equivalent to about L280,000; of Crassus that he had 200 million sesterces invested in land alone.[99] Cicero, though from time to time in difficulties, always found it possible to borrow the large sums which he spent on houses, libraries, etc. These are men of the ordo senatorius; of the equites proper, the men who dealt rather in lending than borrowing, we have not such explicit accounts, because they were not in the same degree before the public. But of Atticus, the type of the best and highest section of the ordo equester, and of the amount and the sources of his wealth, we happen to know a good deal from the little biography of him written by his contemporary and friend Cornelius Nepos, taken together with Cicero's numerous letters to him. His father had left him the moderate fortune of L16,000. With this he bought land, not in Italy but in Epirus, where it was probably to be had cheap. The profits arising from this land, with which he took no doubt much trouble and pains, he invested again in other ways. He lent money to Greek cities: to Athens indeed without claiming any interest; to Sicyon without much hope of repayment; but no doubt to many others at a large profit. He also undertook the publishing of books, buying slaves who were skilled copyists; and in this, as in so many other ways, his friendship was of infinite value to Cicero. When we reflect that every highly educated man at this time owned a library and wished to have the last new book, we can understand how even this business might be extensive and profitable, and are not astonished to find Cicero asking Atticus to see that copies of his Greek book on his own consulship were to be had in Athens and other Greek towns.[100] This shrewd man also invested in gladiators, whom he could let out at a profit, as no doubt he would let out his library slaves.[101] Lastly, he owned houses in Rome; in fact he must have been making money in many different ways, spending little himself, and attending personally and indefatigably to all his business, as indeed with true and disinterested friendship he attended to that of Cicero In him we see the best type of the Roman businessman: not the bloated millionaire living in coarse luxury, but the man who loved to be always busy for himself or his friends, and whose knowledge of men and things was so thorough that he could make a fortune without anxiety to himself or discomfort to others. What amount of capital he realised in these various ways we do not know, but the mass of his fortune came to him after he had been pursuing them for many years, in the form of a legacy from an uncle. This uncle was a typical capitalist and money-lender of a much lower and coarser type than his nephew; Nepos aptly describes him as "familiarem L. Luculli, divitem, difficillima natura." The nephew was the only man who could get on with this Peter Featherstone of Roman life, and this simple fact tells us as much about the character and disposition of Atticus as anything in Cicero's correspondence with him. The happy result was that his uncle left him a sum which we may reckon at about L80,000 (centies sestertium),[102] and henceforward he may be reckoned, if not as a millionaire, at any rate as a man of large capital, soundly invested and continually on the increase.

There is no doubt then as to the fact of the presence of capital on a large scale in the Rome of the last century B.C., or of the business talents of many of its holders, or again of the many profitable ways in which it might be invested. But in order to learn a little more of the history of capital at Rome, which is of the utmost importance for a proper understanding not only of the economic, but of the social and ethical characteristics of the age, it is necessary to go as far back as the war with Hannibal at least.

That there had been surplus capital in the hands of individuals long before the war with Hannibal is a well known fact, proved by the old Roman law of debt, and by the traditions of the unhappy relations of debtor and creditor. But in order not to go back too far, we may notice a striking fact which meets us at the very outset of that momentous war. In 215 B.C., and again the next year, the treasury was almost empty; then for the first time, so far as we know, private individuals came to the rescue, and lent large sums to the State;[103] these were partners in certain associations to be described later on in this chapter, which had made money by undertaking State contracts in the previous wars. The presence of Hannibal in Italy strained the resources of the State to the utmost in every way; it cut the Romans off from their supply of the precious metals, forced them to reduce the weight of the as to one ounce, and, curiously enough, also to issue gold coins for the first time,—a measure probably taken on account of the dearth of silver,—and to make use of the uncoined gold in the treasury or in private hands. At the end of the war the supply of silver was recovered; henceforward all reckonings were made in silver, and the gold coinage was not long continued.

At this happy time, when Rome felt that she could breathe again after the final defeat of her deadly enemy, began the great inpouring of wealth of which the capitalism of Cicero's time is the direct result. The chief sources of this wealth, so far as the State was concerned, were the indemnities paid by conquered peoples, especially Carthage and Antiochus of Syria, and the booty brought home by victorious generals. Of these Livy has preserved explicit accounts, and the best example is perhaps that of the booty brought by Scipio Asiaticus from Asia Minor in 189 B.C., of which Pliny remarks that it first introduced luxury into Italy.[104] It has been roughly computed that the total amount from indemnities may be taken at six million of our pounds, in the period of the great wars of the second century B.C., and from booty very much the same sum. Besides this we have to take account of the produce of the Spanish silver mines, of which the Romans came into possession with the Carthaginian dominions in Spain; the richest of these were near Carthago Nova, and Polybius tells us that in his day they employed 40,000 miners, and produced an immense revenue.[105]

All this went into the aerarium, except what was distributed out of the booty to the soldiers, both Romans and socii, the former naturally taking as a rule double the amount paid to the latter. But the influx of treasure into the State coffers soon began to tell upon the financial welfare of the whole citizen community; the most striking proof of this is the fact that, in 167 B.C., after the second Macedonian war, the tribulum or property-tax was no longer imposed upon all citizens. Henceforward the Roman citizen had hardly any burdens to bear except the necessity of military service, and there are very distinct signs that he was beginning to be unwilling to bear even that one. He saw the prominent men of his time enriching themselves abroad and leading luxurious lives, and the spirit of ease and idleness began inevitably to affect him too. Polybius indeed, writing about 140-130 B.C., declines to state positively that the great Romans were corrupt or extortionate,[106] and those who were his intimate friends, Aemilius Paullus and his sons, were distinguished for their "abstinentia": but the mere occurrence of this word "abstinentia" in the epitomes of Livy's lost books which dealt with this time, betrays the fact too obviously. In 149 was passed the first of the long series of laws intended, but in vain, to check the tendency of provincial governors to extort money from their subjects; and as this law established for the first time a standing court to try offences of this kind, the inference is inevitable that such offences were common and on the increase.

The remarkable fact about this inpouring of wealth is its extraordinary suddenness. Within the lifetime of a single individual, Cato the Censor, who died an old man in 149 B.C., the financial condition of the State and of individuals had undergone a complete change. Cato loved to make money and knew very well how to do it, as his own treatise on agriculture plainly shows; but he wished to do it in a legitimate way, and to spend profitably the money he made, and he spared no pains to prevent others from making it illegally and spending it unprofitably. He saw clearly that the sudden influx of wealth was disturbing the balance of the Roman mind, and that the desire to make money was taking the place of the idea of duty to the State. He knew that no Roman could serve two masters, Mammon and the State, and that Mammon was getting the upper hand in his views of life. If the accumulation of wealth had been gradual instead of sudden, natural instead of artificial, this could hardly have happened; as in England from the fourteenth century onwards, the steady growth of capital would have produced no ethical mischief, no false economic ideas, because it would have been an organic growth, resting upon a sound and natural economic basis.[107] As the French historian has said with singular felicity,[108] "Money is like water of a river: if it suddenly floods, it devastates; divide it into a thousand channels where it circulates quietly, and it brings life and fertility to every spot."

It was in this period of the great wars, so unwholesome and perilous economically, that the men of business, as defined at the beginning of this chapter—the men of capital outside the ordo senatorius—first rose to real importance. In the century that followed, and as we see them more especially in Cicero's correspondence, they became a great power in the State, and not only in Rome, but in every corner of the Empire. We have now to see how they gained this importance and this power, and what use they made of their capital and their opportunities. This is not usually explained or illustrated in the ordinary histories of Rome, yet it is impossible without explaining it to understand either the social or the public life of the Rome of this period.

The men of business may be divided into two classes, according as they undertook work for the State or on their own account entirely. It does not follow that these two classes were mutually exclusive; a man might very well invest his money in both kinds of undertaking, but these two kinds were totally distinct, and called by different names. A public undertaking was called publicum,[109] and the men who undertook it publicani; a private undertaking was negotium, and all private business men were known as negotiatores. The publicani were always organised in joint-stock companies (societates publicanorum); the negotiatores might be in private partnership with one or more partners,[110] but as a rule seem to have been single individuals. We will deal first with the publicani.

In a passage of Livy quoted just now it is stated that at the beginning of the Hannibalic war money was advanced to the State by societates publicanorum; Livy also happens to mention that three of these competed for the privilege. Thus it is clear that the system of getting public work done by contract was in full operation before that date, together with the practice on the part of the contractors of uniting in partnerships to lessen the risk. System and practice are equally natural, and it needs but a little historical imagination to realise their development. As the Roman State became involved in wars leading to the conquest of Italy, and in due time to the acquisition of dominions beyond sea, armies and fleets had to be equipped and provisioned, roads had to be made, public rents to be got in, new buildings to be erected for public convenience or worship, corn had to be procured for the growing population, and, above all, taxes had to be collected both in Italy and in the provinces as these were severally acquired.[111] The government had no apparatus for carrying out these undertakings itself; it had not, as we have, separate departments or bureaux with a permanent staff of officials attached to each, and even if it had been so provided, it would still have found it most convenient, as modern governments also do, to get the necessary work carried out in most cases by private contractors. Every five years the censors let the various works by auction to contracting companies, who engaged to carry them out for fixed sums, and make what profit they could out of the business (censoria locatio). This saved an immense amount of trouble to the senate and magistrates, who were usually busily engaged in other matters; nor was there at first any harm in the system, so long as the Romans were morally sound, and incapable of jobbing or scamping their work. The very fact that they united into companies for the purpose of undertaking these contracts shows that they were aware of the risk involved, and wished as far as possible to neutralise it; it did not mean greed for money, but rather anxiety not to lose the capital invested.

But as Rome advanced her dominion in the second century B.C., and had to see to an ever-increasing amount of public business, it was discovered that the business of contracting was one which might indeed be risky, but with skill and experience, and especially with a trifle of unscrupulousness, might be made a perfectly safe and paying investment. This was especially the case with the undertakings for raising the taxes in the newly acquired provinces as well as in Italy, more particularly in those provinces, viz. Sicily and Asia, which paid their taxes in the form of tithe and not in a lump sum. The collection of these revenues could be made a very paying concern seeing that it was not necessary to be too squeamish about the rights and claims of the provincials. And, indeed, by the time of the Gracchi all these joint-stock companies had become the one favourite investment in which every one who had any capital, however small, placed it without hesitation. Polybius, who was in Rome at this time for several years, and was thoroughly acquainted with Roman life, has left a valuable record in his sixth book (ch. xvii.) of the universal demand for shares in these companies; a fact which proves that they were believed to be both safe and profitable.

These societates were managed by the great men of business, as our joint-stock companies are directed by men of capital and consequence. Polybius tells us that among those who were concerned, some took the contracts from the censors: these were called mancipes, because the sign of accepting the contract at the auction was to hold up the hand.[112] Others, Polybius goes on, were in association with these mancipes, and, as we may assume, equally responsible with them; these were the socii. It was of course necessary that security should be given for the fulfilment of the contract, and Polybius does not omit to mention the praedes or guarantors[113]. Lastly, he says that others again gave their property on behalf of these official members of the companies, or in their name, for the public purpose in hand. These last words admit of more than one interpretation, but as in the same passage Polybius tells us that all who had any money put it into these concerns, we may reasonably suppose that he means to indicate the participes, or small holders of shares, which were called partes, or if very small, particulae[114]. The socii and participes seem to be distinguished by Cicero in his Verrine orations (ii. 1. 55), where he quotes an addition made by Verres illegally as praetor to a lex censoria: "qui de censoribus redemerit, eum socium ne admittito neve partem dato." If this be so, we may regard the socius as having a share both in the management and the liability, while the particeps merely put his money into the undertaking[115]. The actual management, on which Polybius is silent, was in Rome in the hands of a magister, changing yearly, like the magistrates of the State, and in the provinces of a pro-magister answering to the pro-magistrate, with a large staff of assistants[116]. Communications between the management at home and that in the provinces were kept up by messengers (tabellarii), who were chiefly slaves; and it is interesting incidentally to notice that these, who are constantly mentioned in Cicero's letters, also acted as letter-carriers for private persons to whom their employers were known.

Such a business as this, involving the interests of so many citizens, must have necessitated something very like the Stock Exchange or Bourse of modern times; and in fact the basilicas and porticoes which we met with in the Forum during our walk through Rome did actually serve this purpose.[117] The reader of Cicero's letters will have noticed how often the Forum is spoken of as the centre of life at Rome—going down to the Forum was indeed the equivalent of "going into the City," as well as of "going down to Westminster." All who had investments in the societates would wish to know the latest news brought by tabellarii from the provinces, e.g. of the state of the crop in Sicily or Asia, or of the disposition of some provincial governor towards the publicani of his province, or again of the approach of some enemy, such as Mithridates or Ariovistus, who by defeating a Roman army might break into Roman territory and destroy the prospects of a successful contractual enterprise. Assuredly Cicero's love for the Forum was not a political one only; he loved it indeed as the scene of his great triumphs as an advocate, but also no doubt because he was concerned in some of the companies which had their headquarters there. When urging the people to give Pompeius extraordinary powers to drive Mithridates out of reach of Roman Asia, where he had done incalculable damage, he dwells both with knowledge and feeling on the value of the province, not only to the State, but to innumerable private citizens who had their money invested in its revenues[118]. "If some," he pleads, "lose their whole fortunes, they will drag many more down with them. Save the State from such a calamity: and believe me (though you see it well enough) that the whole system of credit and finance which is carried on here at Rome in the Forum, is inextricably bound up with the revenues of the Asiatic province. If those revenues are destroyed, our whole system of credit will come down with a crash. See that you do not hesitate for a moment to prosecute with all your energies a war by which the glory of the Roman name, the safety of our allies, our most valuable revenues, and the fortunes of innumerable citizens, will be effectually preserved.[119]"

This is a good example of the way in which political questions might be decided in the interests of capital, and it is all the more striking, because a few years earlier Sulla had done all he could to weaken the capitalists as a distinct class. Pompeius went out with abnormal powers, and might be considered for the time as their representative; the result in this case was on the whole good, for the work he did in the East was of permanent value to the Empire. But the constitution was shaken and never wholly recovered, and nothing that he was able to do could restore the unfortunate province of Asia to its former prosperity. Four years later the company which had contracted for raising the taxes in the province sought to repudiate their bargain. This was disgraceful, as Cicero himself expressly says;[120] but it is quite possible that they had great difficulty in getting the money in, and feared a dead loss,[121] owing to the impoverishment of the provincials. This matter again led to a political crisis; for the senate, urged by Cato, was disposed to refuse the concession, and the alliance between the senatorial class and the business men (ordinum concordia), which it had been Cicero's particular policy to confirm, in order to mass together all men of property against the dangers of socialism and anarchy, was thereby threatened so seriously that it ceased to be a factor in politics.

These companies and their agents were indeed destined to be a thorn in Cicero's side as a provincial governor himself. When called upon to rule Cilicia in 51 B.C. he found the people quite unable to pay their taxes and driven into the hands of the middleman in order to do so;[122] his sympathies were thus divided between the unfortunate provincials, for whom he felt a genuine pity, and the interests of the company for collecting the Cilician taxes, and of those who had invested their money in its funds. In his edict, issued before his entrance into the province, he had tried to balance the conflicting interests; writing of it to Atticus, who had naturally as a capitalist been anxious to know what he was doing, he says that he is doing all he can for the publicani, coaxing them, praising them, yielding to them—but taking care that they do no mischief;[123] words which perhaps did not altogether satisfy his friend. All honest provincial governors, especially in the Eastern provinces, which had been the scene of continual wars for nearly three centuries, found themselves in the same difficulty. They were continually beset by urgent appeals on behalf of the tax-companies and their agents—appeals made without a thought of the condition of a province or its tax-paying capacity—so completely had the idea of making money taken possession of the Roman mind. Among the letters of Cicero are many such appeals, sent by himself to other provincial governors, some of them while he was himself in Cilicia. We may take two as examples, before bringing this part of our subject to a close.

The first of these letters is to P. Silius Nerva, propraetor of Bithynia, a province recently added to the Empire by Pompeius. Cicero here says that he is himself closely connected with the partners in the company for collecting the pasture-dues (scriptura) of the province, "not only because that company as a body is my client, but also because I am very intimate with most of the individual partners." Can we doubt that he was himself a shareholder? He urges Nerva to do all he can for Terentius Hispo, the pro-magister of the company, and to try to secure for him the means of making all the necessary arrangements with the taxed communities—relying, we are glad to find, on the tact and kindness of the governor.[124] The second letter, to his own son-in-law, Furius Crassipes, quaestor of Bithynia, shall be quoted here in full from Mr. Shuckburgh's translation:[125]

"Though in a personal interview I recommended as earnestly as I could the publicani of Bithynia, and though I gathered that by your own inclination no less than from my recommendation, you were anxious to promote the advantage of that company in every way in your power, I have not hesitated to write you this, since those interested thought it of great importance that I should inform you what my feeling towards them was. I wish you to believe that, while I have ever had the greatest pleasure in doing all I can for the order of publicani generally, yet this particular company of Bithynia has my special good wishes. Owing to the rank and birth of its members, this company constitutes a very important part of the state: for it is made up of members of the other companies: and it so happens that a very large number of its members are extremely intimate with me, and especially the man who is at present at the head of the business, P. Rupilius, its pro-magister. Such being the case, I beg you with more than common earnestness to protect Cn. Pupius, an employe of the company,[126] by every sort of kindness and liberality in your power, and to secure, as you easily may, that his services shall be as satisfactory as possible to the company, while at the same time securing and promoting the property and interests of the partners—as to which I am well aware how much power a quaestor possesses. You will be doing me in this matter a very great favour, and I can myself from personal experience pledge you my word that you will find the partners of the Bithynia company gratefully mindful of any services you can do them."

If Cicero, the most tender-hearted of Roman public men, could urge the claims of the companies so strongly, and, as in this last letter, without any allusion to the interests of the province and its people, we may well imagine how others, less scrupulous, must have combined with the capitalists to work havoc in regions that only needed peace and mild government to recover from centuries of misery. Such a letter is the best comment we can have on the pernicious system of raising taxes by contract—a system which was to be modified, regulated, and eventually reduced to harmless dimensions under the benevolent and scientific government of the early Empire.

We must now turn to the other department of the activity of the men of business, that of banking and money-lending (negotiatores).

On the north or sunny side of the Forum we noticed in our walk round the city the shops of the bankers (tabernae argentariae). The argentarii were originally, as their name suggests, only money-changers, a class of small business men that arose in response to a need felt as soon as increasing commerce and extended empire brought foreign coin in large quantities to Rome. The Italian communities outside the Roman State issued their own coinage until they were admitted to the civitas after the Social War,—a fact which alone is sufficient to show the need of men who made it their business to know the current value of various coins in Roman money; and as Rome became involved in the affairs of the East, there were always circulating in the city the tetradrachms of Antioch and Alexandria, the Rhodian drachmas, and the cistophori of the kings of Pergamus, afterwards coined in the province of Asia.[127] No doubt the money-changing business was a profitable one, and itself led to the formation of capital which could be used in taking deposits and making advances; and, as Professor Purser puts it,[128] the mere possession of a quantity of coin for purposes of change would be likely to develop spontaneously the profession of banking. In the same way the nummularii, or assayers of the coin, having a mass of it in their hands, would tend to develop a private business as well as their official public one. All these, argentarii or nummularii, might be called foeneratores, from the interest (foenus) which they charged in their transactions. The profession was a respectable one, for honesty and exactness in accounts were absolutely necessary to success in it.[129] If the reader will turn to Cicero's speech in defence of Caecina (6. 16), he will find these accounts appealed to, though apparently not actually produced in court; but in the Noctes Atticae of Aulus Gellius (xiv. 2) a judge who is describing a civil case which came before him, mentions, among the documents produced, mensae rationes, i.e. the accounts kept by the banker.

Your argentarius seems to have been ready to undertake for you almost all that a modern banker will do for his customer. He would take deposits of money, either for the depositor's use or to bear interest, and would make payments on his behalf on receipt of a written order, answering to our cheque;[130] this was a practice probably introduced from Greece, for in the Eastern Mediterranean the whole business of credit and exchange had long been reduced to a system. Again, if you wished to be supplied with money during a journey, or to pay a sum to any one at a distance, e.g. in Greece or Asia, your argentarius would arrange it for you by giving you letters of credit or bills of exchange on a banker at such towns as you might mention, and so save you the trouble of carrying a heavy weight of coin with you. When, Cicero sent his son to the University of Athens, he wished to give him a generous allowance,—too generous, as we should think, for it amounted to about L640 a year,—and he asked Atticus whether it could be managed for him by permutatio, i.e. exchange, and received an affirmative answer[131]. So too when his beloved freedman secretary Tiro fell ill of fever at Patrae, Cicero finds it easy to get a local banker there to advance him all the money he needed, and to pay the doctor, engaging himself to repay the money to any agent whom the banker might name[132].

Your argentarius would also attend for you, or appoint an agent to attend, at any public auction in which you were interested as seller or purchaser, and would pay or receive the money for you,—a practice which must have greatly helped him in getting to know the current value of all kinds of property, and indeed in learning to understand human nature on its business side. In the passage from the pro Caecina quoted just now, a lady, Caesennia, wished to buy an estate; she employs an agent, Aebutius, no doubt recommended by her banker, and to him the estate is knocked down. He undertakes that the argentarius of the vendor, who is present at the auction, shall be paid the value, and this is ultimately done by Caesennia, and the sum entered in the banker's books (tabulae).

But perhaps the most important part of the business was the finding money for those who were in want of it, i.e. making advances on interest. The poor man who was in need of ready money could get it from the argentarius in coin if he had any security to offer, and, as we saw in the last chapter, might get entangled more and more hopelessly in the nets of the money-lender. Whether the same argentarius did this small business and also the work of supplying the rich man with credit, we do not know; it may have been the case that the great money-lenders like Atticus themselves employed argentarii, and so kept them going. That Atticus would undertake, anyhow, for a friend like Cicero, any amount of money-finding, we know well from many letters of Cicero, written when he was anxious to buy a piece of land at any cost on which to erect a shrine to his beloved daughter[133]; and we may be pretty sure that Atticus could not have done all that Cicero importunately pressed upon him if he had not had a number of useful professional agents at command. From these same letters we also learn that finding money by no means necessarily meant finding coin; in a society where every one was lending or borrowing, and probably doing both at the same time, what actually passed was chiefly securities, mortgages, debts, and so on. If you wanted to hand over a hundred thousand or so to a creditor, what your agent had as often as not to do was to persuade that creditor to accept as payment the debts owing to yourself from others, i.e. you would hand over to him, if he would accept them, the bonds or other securities given you by your own debtors.[134]

It is plain then that the money-lenders had an enormous business, even in Rome alone, and risky as it undoubtedly was, it must often have been a profitable one. And it was not only at Rome that men were borrowing and lending, but over the whole Empire. For reasons which it would need an economic treatise to explain, private men, cities, and even kings were in want of money; it was needed to meet the increased cost of living and the constantly increasing standard of living among the educated;[135] it was needed by the cities of Greece and the East to repair the damages done in the wars of the last three hundred years; it was needed by the poorer provincials to pay the taxes for which neither the publicani nor the Roman government could afford to wait; and it was needed by the kings who had come within the dismal shadow of the Roman Empire, in order to carry on their own government, or to satisfy the demands of the neighbouring provincial governor, or to bribe the ruling men at Rome to get some decree passed in their favour. Cicero, at the end of his life, looking back to his own consulship in 63, says that at no time in his recollection was the whole world in such a condition of indebtedness,[136] and in a famous passage in his second Catilinarian oration he has drawn a picture of the various classes of debtors in Rome and Italy at that time (Cat. ii. Sec. 18 foll.). He tells us of those who have wealth and yet will not pay their debts; of those who are in debt and look to a revolution to absolve them; of the veterans of the Sullan army, settled in colonies such as Faesulae, who had rushed into debt in order to live luxurious lives; of old debtors of the city, getting deeper and deeper into the quagmire, who joined the conspiracy as a last desperate venture. There was in fact in that famous year a real social fermentation going on, caused by economic disturbance of the most serious kind; the germs of the disease can be traced back to the Hannibalic war and its effects on Italy, but all the symptoms had been continually exacerbated by the negligence and ignorance of the government, and brought to a head by the Social and Civil Wars in 90-82 B.C. In 63 the State escaped an economic catastrophe through the vigilance of Cicero and the alliance of the respectable classes under his leadership. In 49, and again in 48, it escaped a similar disaster through the good sense of Caesar and his agents, who succeeded in steering between Scylla and Charybdis by saving the debtors without ruining the lenders.[137]

Wonderful figures are given by later writers, such as Plutarch, of the debts and loans of the great men of this time, and they may stand as giving us a general impression of private financial recklessness. But the only authentic information that has come down to us is what Cicero drops from time to time in his correspondence about his own affairs,[138] and even this needs much explanation which we are unable to apply to it. What is certain is that Cicero never had more than a very moderate income on which he could depend, and that at times he was hard up for money, especially of course after his exile and the confiscation of his property; and that on the other hand he never had any difficulty in getting the sums he needed, and never shows the smallest real anxiety about his finances. His profession as a barrister only brought him a return indirectly in the form of an occasional legacy or gift, since fees were forbidden by a lex Cincia; his books could hardly have paid him, at least in the form of money; his inherited property was small, and his Italian villas were not profitable farms, nor was it the practice to let such country houses, as we do now, when not occupying them; he declined a provincial government, the usual source of wealth, and when at last compelled to undertake one, only realised what was then a paltry sum,—some L17,500, all of which, while in deposit at Ephesus, was seized by the Pompeians in the Civil War.[139] Yet even early in life he could afford the necessary expenses for election to successive magistracies, and could live in the style demanded of an important public man. Immediately after his consulship he paid L28,000 for Crassus' house on the Palatine, and it is here that we first discover how he managed such financial operations. Here are his own words in a letter to a friend of December 62 B.C.:[140] "I have bought the house for 3,500 sestertia ... so you may now look on me as so deeply in debt as to be eager to join a conspiracy if any one would admit me! ... Money is plentiful at 6 per cent, and the success of my measures (in the consulship) has caused me to be regarded as a good security."

The simple fact was that Cicero was always regarded as a safe man to lend money to, by the business men and the great capitalists; partly because he was an honest man,—a vir bonus who would never dream of repudiation or bankruptcy; partly because he knew every one, and had a hundred wealthy friends besides the lender of the moment and among them, most faithful of all, the prudent and indefatigable Atticus. Undoubtedly then it was by borrowing, and regularly paying interest on the loans, that he raised money whenever he wanted it. He may have occasionally made money in the companies of tax-collectors; we have seen that he probably had shares in some of their ventures. But there is no clear evidence in his letters of this source of wealth,[141] and there is abundant evidence of the borrowing. After his return from exile, though the senate had given him somewhat meagre compensation for the loss of his property, he began at once to borrow and to build: "I am building in three places," he writes to his brother,[142] "and am patching up my other houses. I live somewhat more lavishly than I used to do; I am obliged to do so." Here again we know from whom he borrowed,—it was this same brother, who of course had no more certain income than his own, probably less. But he had been governor of Asia for three years (61-58 B.C.), and must have realised large sums even in that exhausted province; and at this moment he was legatus to Pompeius as special commissioner for organising the supply of corn, and thus was in immediate contact with one of the greatest millionaires of the day. In order to repay his brother all Marcus had to do was to borrow from other friends. "In regard to money I am crippled. But the liberality of my brother I have repaid, in spite of his protests, by the aid of my friends, that I might not be drained quite dry myself" (ad Att. iv. 3). Two years later an unwary reader might feel some astonishment at finding that Quintus himself was now deep in debt;[143] but as he continues to read the correspondence his astonishment will vanish. With the prospect before him of a prolonged stay in Gaul with Caesar, Quintus might doubtless have borrowed to any extent; and in fact with Caesar's help—the proceeds of the Gallic wars—both brothers found themselves in opulence. The Civil War, and the repayment of his debts to Caesar, nearly ruined Marcus towards the end of his life, but nothing prevented his contriving to find money for any object on which he had set his heart; when in his grief for the loss of his daughter he wishes to buy suburban gardens where a shrine to her memory may (strange to say) attract public notice, he tells Atticus to buy what is necessary at any cost. "Manage the business your own way; do not consider what my purse demands—about that I care nothing—but what I want."[144]

Such being the financial method of Cicero and his brother, we cannot be surprised to find that the younger generation of the family followed faithfully in the footsteps of their elders. We have seen that the young Marcus had a large allowance at Athens and on the whole he seems to have kept fairly well within it, in spite of some trouble; but his cousin the younger Quintus, coming to see his uncle in December 45, showed him a gloomy countenance, and on being asked the meaning of it, said that he was going with Caesar to the Parthian war in order to avoid his creditors, and presumably to make money to pay them with.[145] He had not even enough money for the journey out. His uncle did not offer to give him any, but he does not seem to have thought very seriously of the young man's embarrassments.

One more example of the financial dealings of the business men of this extraordinary age, and we will bring this chapter to an end. It is a story which has luckily been preserved in Cicero's speech in defence of a certain Rabirius Postumus in the year 54, who was accused under Caesar's law de pecuniis repetundis (extortion in the provinces). It is a remarkable revelation of all the most striking methods of making and using money in the last years of the Republic.

The father of this Rabirius, says Cicero, had been a distinguished member of the equestrian order, and "fortissimus et maximus publicanus"; not greedy of money, but most liberal to his friends—in other words, he was not a miser, for that character was rare in this age, but lent his money freely in order to acquire influence and consideration. The son took up the same line of business, and engaged in a wide sphere of financial operations. He dealt largely in the stock of the tax-companies; he lent money to cities in several provinces; he lent money to Ptolemy Auletes, King of Egypt, both before he was expelled from his kingdom by sedition, and afterwards when he was in Rome in 59 and 58, intriguing to induce the senate to have him restored. Rabirius never doubted that he would be so restored, and seems to have failed to see the probability of such a policy being contested or quarrelled about, as actually happened in the winter of 57-56. He lent, and persuaded his friends to lend:[146] he represented the king's cause as a good investment; and then, like the investing agent of to-day who slips so easily from carelessness into crime, he had to go on lending more and more, because he feared that if he stopped the king might turn against him.

He had staked the mass of his substance on a desperate venture. But time went on and Ptolemy was not restored, and without the revenues of his kingdom he of course could not pay his creditors. At last, at the end of the year 56, Gabinius, then governor of Syria, had pressure put on him by the creditors—among them perhaps both Caesar and Pompeius—to march into Egypt without the authority of the senate. He took Rabirius with him, and, in order to secure the repayment, the latter was made superintendent (dioikaetaes) of the Egyptian revenues[147]. Unluckily for him, his wily debtor did after all turn against him, and he escaped from Egypt with difficulty and with the loss of all his wealth. When Gabinius was accused de repetundis and found guilty of accepting enormous sums from Ptolemy, Rabirius was involved in the same prosecution as having received part of the money; Cicero defended him, and as it seems with success, on the plea that equites were not liable to prosecution under the lex Julia. Towards the end of his speech he drew a clever picture of his unlucky client's misfortunes, and declared that he would have had to quit the Forum, i.e. to leave the Stock Exchange in disgrace, if Caesar had not come to his rescue by placing large sums at his disposal.

What Rabirius did was simply to gamble on a gigantic scale, and get others to gamble with him. The luck turned against him, and he came utterly to grief. There seems indeed to have been a perfect passion for dealing with money in this wild way among the men of wealth and influence; it was the fancy of the hour, and no disgrace attached to it if a man could escape ruin. Thus the vast capital accumulated—the sources of which were almost entirely in the provinces and the kingdoms on the frontiers—was hardly ever used productively. It never returned to the region whence it came, to be used in developing its resources; the idea of using it even in Italy for industrial undertakings was absent from the mind of the gambler. Those numberless villas, of which we shall speak in another chapter, were homes of luxury and magnificence, not centres of agricultural industry. There are indeed some signs that in this very generation the revival of Italian agriculture was beginning, and more especially the cultivation of the olive and the vine; Varro, some twenty years later, could claim that Italy was the best cultivated country in the world.[148] It may be that the din of the "insanum forum" and its wild speculation has prevented our hearing of the quiet efforts in the country to put capital to a legitimate productive use. But of the social life of the city the Forum was the heart, and of any prudent or scientific use of capital the Forum knew hardly anything.

Of the two classes of business men we have been describing, the tax-farmers and the money-lenders, it is hard to say which wrought the most mischief in the Empire; they played into each other's hands in wringing money out of the helpless provincials. Together too they did incalculable harm, morally and socially, among the upper strata of Roman society at home. Economic maladies react upon the mental, and moral condition of a State. Where the idea of making money for its own sake, or merely for the sake of the pleasure derivable from excitement, is paramount in the minds of so large a section of society, moral perception quickly becomes warped. The sense of justice disappears, because when the fever is on a man he does not stop to ask whether his gains are ill-gotten; and in this age the only restriction on the plundering of the subjects of the Empire was a legal one, and that of no great efficacy. There are many repulsive things in the exquisite poetry of Catullus, but none of them jar on the modern mind quite so sharply as his virulent attacks on a provincial governor in whose suite he had gone to Bithynia in the hope of enriching himself, and under whose just administration he had failed to do so. There is lost also the sense of a duty arising out of the possession of wealth—the feeling that it should do some good in the world, or at least be in part applied to some useful purpose. Lastly, the exciting pursuit of wealth helps to produce a curious restlessness and instability of character, of which we have many examples in the age we are studying. "Unstable as water, thou shalt not excel," are words that might be applied to many a young man among Cicero's acquaintance, and to many women also.

No sudden operation could cure these evils—they needed the careful and gradual treatment of a wise physician. As in so many other ways, so here Augustus showed his wonderful instinct as a social reformer. The first requisite of all was an age of comparative peace—a healthy atmosphere in which the patient could recover his natural tone. Next in importance was the removal of the incitement to enrich yourself and to spend illegally or unprofitably, and the revival of a sense of duty towards the State and its rulers. Provincial governors were made more really responsible, and a scientific census revealed the actual tax-paying capacity of the provincials; tax-farming was more closely superintended and gradually disappeared. It is true enough that even under the Empire great fortunes were made and lost, but the gambling spirit, the wild recklessness in monetary dealings, are not met with again. The Roman Forum ceased to be insane, and Italy became once more the home of much happy and useful country life. The passionate and reckless self-consciousness of Catullus is succeeded in the next generation by the calm sweet hopefulness of Virgil; in passing from the one poet to the other, we feel that we are leaving behind us an age of over-sensitive self-seeking and entering on one in which duty and honour, labour on the land and hard work for the State, may be reckoned as things more likely to make life worth living than all the accumulated capital of a Crassus.



CHAPTER IV

THE GOVERNING ARISTOCRACY

Above the men of business of equestrian rank, in social standing though not necessarily in wealth, there was in Cicero's time an aristocracy which a Roman of that day would perhaps have found it a little difficult to explain or define to a foreigner. Fortunately all foreigners coming to Rome would know what was meant by the senate, the great council which received envoys from all nations outside the Empire; and the stranger might be told in the first place that all members of that august assembly, with their families, were considered as elevated above the equestrian order, and as forming the main body of the aristocracy proper. But if the informant were by chance a conservative Roman of old family, he might proceed to qualify this definition. "There are now in the senate," he might say, "plenty of men who are only there because they have held the quaestorship, which Sulla made the qualification for a seat, and there are many equites whom Sulla made into senators by the form of a vote of the people; such men, even the great orator Cicero himself, I do not reckon as really members of the nobility, because they do not belong to old families who have done the State good service in past time. They have no images of their ancestors in their houses; they come from municipal towns, or spring from some low family in the city; they may have raised themselves by their talents, perhaps only by their money, but they have no guarantee of antiquity, their names are not in our annals. All we true conservative Romans (and a, Roman is hardly a Roman if not conservative) profoundly believe that a man whose family has once attained to high public honour and done good public service, will be a safer person to elect as a magistrate than one whose family is unknown and untried—a belief which is surely based on a truth of human nature. I should count a man who happens not to be in the senate himself, for want of wealth or inclination, but whose family has its images and its traditions of great ancestors, as far more truly an "optimate" than most of these new men. Fortunately our most famous families, whose names are known all over the Empire, are still to be found in the senate, and indeed form a powerful body there, capable of resisting to the last the revolutionary dangers that threaten us. The people still elect to magistracies the Aemilii, Lutatii, Claudii, Cornelii, Julii, and many more families that have been famous in our history, and will, I trust, continue to elect them so long as our Republic lasts."[149]

There was indeed a glamour about these splendid names, as there is about the titles of our ancient noble families; their holders may almost be said to have claimed high office as a right, like the Whig families Of the Revolution for a century after their triumph. Though we may use the word in a wider sense in this chapter, these grand old families were the true aristocracy, and inspired just that respect in the minds of men outside their circle which is still so familiar to us in England. Cicero was to such men an "outsider," a novus homo; and the close reader of Cicero's letters, if he is looking out (as he should be) for Cicero's constantly changing attitude of mind as he addresses himself to various correspondents, cannot fail to see how comparatively awkward and stilted he often is when writing to one of these great nobles, with whom he has never been really intimate; and how easily his pen glides along when he is letting himself talk to Atticus, or Poetus, or M. Marius, men who were outside the pale of nobility. It is true that he is sometimes embarrassed in other ways when writing to great personages, as, for example, Lentulus Spinther, consul in 57, or to Appius Claudius, consul in 53; but had they been men of his own kind he never would have felt that embarrassment in the same degree. When writing to such men he rarely or never indulges in those little sportive jokes or allusions which enliven his more intimate correspondence, nor does he tell the truth so strictly, for they might not always care to hear it.

Here is a specimen which will give some idea of his manner in writing to an aristocrat: he is congratulating L. Aemilius Paullus, who secured his election to the consulship in the summer of 51 B.C.:

"Though I never doubted that the Roman people, considering your eminent services to the Republic and the splendid position of your family, would enthusiastically elect you consul by a unanimous vote, yet I felt extreme delight when the news reached me; and I pray the gods to render your official career fortunate, and to make the administration of your office worthy of your own position and that of your ancestors.... And would that it had been in my power to have been at home to see that wished-for day, and to have given you the support which your noble services and kindness to me deserved! But since the unexpected and unlooked-for accident of my having to take a province has deprived me of that opportunity, yet, that I may be enabled to see you as consul actually administering the state in a manner worthy of your position, I earnestly beg you to take care to prevent my being treated unfairly, or having additional time added to my year of office. If you do that, you will abundantly crown your former acts of kindness to me."[150]

This Aemilius Paullus, like Spinther and many others, belonged to a respectable but somewhat characterless type of aristocrat; these formed a considerable and a powerful section of the senate, where they were an obstacle to reform and administrative efficiency. They were really a survival from the old type of Roman noble, which had done excellent work in its day; men in whom the individual had been kept in strict subordination to the State, and whose personal idiosyncrasies and ambitions only excited suspicion. But towards the end of the Republican period the individual had free play; at no time in ancient history do we meet with so many various and interesting kinds of individuality, even among the nobilitas itself. This is not merely the result of the abundant literature in which their traits have come down to us; it was a fact of the age, in which the idea of the State had fallen into the background, and the individual found no restraint on his thoughts and little on his actions, no hindrance to the development of his capacity either for good or evil. Sulla, Catiline, Pompeius, Cato, Clodius, Caesar, all have their marked characteristics, familiar to all who read the history of the Roman revolution. Caesar is the most remarkable example of strong character among the men of high aristocratic descent, and it is interesting to notice how entirely he was without the exclusive tendency which we associate with aristocrats. He was intimate with men of all ranks; his closest friends seem to have been men who were noble. While the high aristocrats looked down as a rule on Cicero the novus homo, and for some years positively hated him[151], Caesar, though differing from him toto coelo in politics, was always on pleasant terms of personal intercourse with him; he had a charm of manner, a literary taste, and a genuine admiration for genius, which was invariably irresistible to the sensitive "novus homo." With Pompey, though he trusted him politically as he never trusted Caesar, Cicero was never so intimate. They had not the same common interests; Cicero could laugh at Pompey behind his back, but hardly once in his correspondence does he attempt to raise a jest about Caesar.

Thus in the governing or senatorial aristocracy we find men of a great variety of character, from the old-fashioned nobilis, exclusive in society and obstructive in politics, to the man of individual genius and literary ability, whether of blue blood like Caesar, or like Cicero the scion of a municipal family which has never gained or sought political distinction. But for the purposes of this chapter we may discern and discuss two main types of character in this aristocracy: first, that on which the new Greek culture had worked to advantage, not destroying the best Roman qualities, but drawing them into usefulness in new ways; secondly, that on which the same culture had worked to its harm by taking advantage of weak points in the Roman armour, sapping the true Roman quality without substituting any other excellence. We will briefly trace the growth of these two types, and take an example of each among Cicero's intimate friends, not from the famous personages familiar to every one, but from eminent and interesting men of whom the ordinary student knows comparatively little.

Ever since the Hannibalic war, and probably even before it, Roman nobles had felt the power of Greek culture; they had begun to think, to learn about peoples who were different from themselves in habits and manners, and to advance, the best of them at least, in wisdom and knowledge; and this is true in spite of the unquestioned fact that it was in this same era that the seeds were sown of moral and political degeneracy. We shall have abundant opportunity of noting the effects of this degeneracy in the last age of the Republic, but it is pleasant to dwell for a moment on that more wholesome Greek influence which enticed the finer minds among the Roman nobility into a new region of culture, stimulating thought and strengthening the springs of conduct.

Even the old Cato himself, most rigid of Roman conservatives, was not unmoved by this influence,[152] and it was to him that Rome owed the introduction of Ennius, the greatest literary figure of that age, into Roman society[153]. But the first genuine example of the new culture, of the Hellenic enthusiasm of the age, is to be found in Aemilius Paullus, the conqueror of Macedonia, a true Roman aristocrat who was delighted to learn from Greeks. Plutarch's Life of this man is a valuable record of the tendencies of the time. After his failure to obtain a second consulship, Plutarch tells us[154] that he retired into private life, devoting himself to religious duties and to the education of his children, training these in the old Roman habits in which he had himself been trained, but also in Greek culture, and that with even greater enthusiasm. He had about them Greek teachers, not only of grammar, rhetoric, and philosophy, but of the fine arts, and even of out-door pursuits, such as hunting (to which the Romans were not greatly addicted), and of the care of horses and dogs; and he made a point of being present himself at all their exercises, bodily and mental. The result of this wholesome Xenophontic education is seen in his son, the great Scipio Aemilianus, who was adopted into the family of the Scipios in the lifetime of his father. Whatever view we may take of this great man's conduct in war and politics, there can hardly be a doubt that the Romans themselves were right in treasuring his memory as one of the best of their race. When we put all the facts of his life together, from his early youth, of which his friend Polybius has left us a most beautiful picture,[155] to his sudden and probably violent death in the maturity of his powers, we are compelled to believe that he was really a man of wide sympathies, a strong sense of justice which guided him steadily through good report and ill, perfect purity of life, and hatred of all that was low and bad, whether in rich or poor. He was not, like his father, a Roman aristocrat patronising Greek culture;[156] in him we see a perfectly natural and mature combination of the noblest qualities of the Roman and the wholesomest qualities of the Greek. "It was an awakening truth," says a great authority, "in the minds of Romans like Scipio, that intellectual culture must be built upon a foundation of moral rectitude: and such a foundation they could find in the storehouse of their own domestic traditions."[157] When Cicero, who held him to be the greatest of Romans, wrote his dialogue on the State (de Republica), with the new idea pervading it of the moral and political ascendancy of a single man, he made Scipio the hero and the one ascendant figure in his work, and ended it with an imitation of the Platonic "myth," in the form of a "dream of Scipio."

Scipio gathered round him a circle of able and cultured men, both Roman and Greek, including almost every living Roman of ability, and among the Greeks the historian Polybius and the philosopher Panaetius, of whom we shall have more to learn in the course of this volume. Of this circle the best and ablest men of Cicero's earlier days were mentally the children, and his own views both of literature and politics were largely formed upon the Scipionic tradition. Indeed to understand the mental and moral furniture of the Roman mind in the Ciceronian age, it is absolutely necessary to study that of the generation which made that mind what it was; but here space can only be found to point out how the enlightenment of the Scipionic circle opened out new ways in manners, in literature, in philosophical receptivity, and lastly in the study of the law, which was destined to be Rome's greatest contribution to civilisation.

Manners, the demeanour of the individual in social intercourse, are a valuable index, if not an entirely conclusive one, of the mental and moral tone of society in any age. Ease and courteousness of bearing mean, as a rule, that the sense of another's claims as a human being are always present to the mind. Whatever be the shortcomings of the last age of the Republic, we must give due credit to the fact that in their outward demeanour towards each other the educated men of that age almost invariably show good breeding. It is true enough that public vituperation, in senate or law-courts, was a fact of every day, and the wealth of violent personal abuse which a gentleman like Cicero could expend on one whom for the time he hated, or who had done him some wrong, passes all belief.[158] But the history of this vituperation is a curious one; it was a traditional method of hostile oratory, and sprang from an old Roman root, the tendency to defamation and satire, which may itself be attributed in part to the Italian custom of levelling abuse at a public man (e.g. at his triumph) in order to avert evil from him.[159] To single out a man's personal ugliness, to calumniate his ancestry in the vilest terms,—these were little more than traditional practices, oratorical devices, which the rhetorical education of the day encouraged, and which no one took very seriously.[160] But we are concerned in this chapter mainly with private life; and there we find almost universal consideration and courtesy. In the whole of the Ciceronian correspondence there is hardly a letter that does not show good breeding, and there are many that are the natural result of real kindly feeling and true sympathy.

A good example of the best type of Roman manners is to be found in Plutarch's Life of Gaius Gracchus, the younger contemporary of Scipio, who had married his sister. Plutarch draws a picture of him so vivid that by common consent it is ascribed to the memoirs of some one who knew him. "In all his dealings with men," says the biographer, "he was always dignified yet always courteous"; that is, while he inspired respect, men felt also that he would do anything in his power for them. That this was said of him by a Roman, and not invented for him by Plutarch, seems probable because the combination is one peculiarly Roman; so Livy, when he wishes to describe the finest type of Roman character, says that a certain man was "haud minus libertatis alienae quam suae dignitatis memor."[161] This same combination meets us also in the little pictures of the social life of cultivated men which Cicero has left us in some of his dialogues. There the speakers are usually of the nobility, often distinguished members of senatorial families, as in the de Oratore, where the chief personae are Crassus, Antonius, and Scaevola, the conservative triumvirate of the day. They all seem grave, or but seldom gently jocular, respectful to each other, and perhaps a trifle tedious; they never quarrel, however deeply they may differ, and we may guess that they did not hold their opinions strongly enough to urge them to open rupture. We seem to see the same grave faces, with rather noses and large mouths, which meet us in the sculptures of Augustus' Ara Pacis,[162]—full of dignity, but a little wanting in animation.

There is one singular exception to the good manners of the period; but as the result rather of affectation than of nature, it may help to prove our rule. Again and again in Plutarch's Life of Cato the younger the mention of his rudeness proves the strength of the tradition about him. It was said that this lost him the consulship, as he declined to make himself agreeable in the style expected from candidates[163]. Even in a letter to Cicero, an old friend, though not actually rude, he is absurdly patronising and impertinent to a man many years his senior, and writes in very bad taste. Probably the enmity between him and Caesar arose or was confirmed in this way, as Cato always made a point of being rudest to those whom he most disliked. He fancied that he was imitating his great ancestor, and asserting the virtue of good old Roman bluntness against modern Greek affectation; he did not in the least see that he was himself a curious example of Roman affectation, shown up by the real amenities of intercourse, for which Romans had largely to thank Greece[164].

In literature too the average capacity of this aristocracy was high, though the greatest literary figures of the age, if we except Caesar, do not, strictly speaking, belong to it; Cicero was a novus homo, and Lucretius and Catullus were not of the senatorial order. But the new education, as we shall see later on, was admirably calculated to train men in the art of speaking and writing, if not in the habit of independent thinking; and among the nobles who reaped the full fruits of this education every one could write in Latin and probably also in Greek, and if he aimed at public distinction, could speak without disgracing himself in the senate and the courts. Oratory was, in fact, the staple product of the age, and the chief raison d'etre of its literary activity. Long ago the practice had begun of writing out successful speeches delivered in the senate, in the courts, or at funerals; the means of publication were easy, as a consequence of the number of Greek slaves who could act as copyists, and thus oratory formed the basis of a prose literature which is essentially Roman,[165] rooted in the practical necessities of the life of the Roman noble, though deeply tinged with the Greek ideas and forms of expression acquired in the process of education in vogue. Treatises on rhetoric, the art of effective expression in prose, form an important part of it; two of them still survive from the time of Sulla,—the Rhetorica ad Herennium of an unknown author, and Cicero's early treatise de Inventione. Later on Cicero wrote his admirable dialogue de Oratore and other works on the same subject, ending with his Brutus, a catalogue raisonnee, invaluable to us, of all the great Roman orators down to his own time.

In history writing the standard was not so high. The rhetorical education made men good professional orators, but indifferent and dilettante historians, and the example of more accurate historical investigation and reflection set by Polybius was not followed, except perhaps by Caelius Antipater in the Gracchan age.[166] History was affected for the worse by the rhetorical art, as indeed poetry was destined also to be; Sallust, though we owe much to him, was in fact an amateur, who thought more of style and expression than of truth and fact. Caesar, who did not profess to be a historian, but only to provide the materials for history,[167] stands alone in making facts more important than words, and rarely troubles his reader with speeches or other rhetorical superfluities.[168] Biographies and autobiographies were fashionable; of the former only those of Cornelius Nepos, one of Cicero's many friends, have come down to us, and none of the latter, but we know a long list of eminent men who wrote their own memoirs, including Catulus the elder, Rutilius the famous victim of equestrian judges, Sulla, and Lucullus. But far above all other prose writers of the age stand two men, neither of them Roman by birth, but yet members of the senatorial order; the one a man of encyclopaedic learning, with what we may almost call a scientific interest in the subjects which he treated in awkward and homely Latin, the other a man of comparatively little learning, but gifted with so exquisite a sense of the beautiful in expression, and at the same time with a humanity so real and in that day so rare, that it is not without good cause that he has recently been called the most highly cultured man of all antiquity.[169] Of Varro's numerous works we have unluckily but few survivals; of Cicero's we have still such a mass as will for ever provide ample material for studying the life, the manners, the thought of his day.

A large part of this mass consists of the correspondence of which we are making such frequent use in these chapters. Letter-writing is perhaps the most pleasing and genuine of all the literary activities of the time; men took pains to write well, yet not with any definite prospect of publication, such as was the motive a century later in the days of Seneca and Pliny. The nine hundred and odd letters of the Ciceronian collection are most of them neither mere communications nor yet rhetorical exercises, but real letters, the intercourse of intimate friends at a distance, in which their inmost thoughts can often be seen. Cicero is indeed apt to become rhetorical even in his letters, when writing under excitement about politics; but the most delightful letters in the collection are those in which he writes to his friends in happy and natural language of his daily life and occupations, his books, his villas, his children, his joys and sorrows. It is strange that the great historian of Rome in our time entirely failed to see the charm and the value of these letters, as of all Cicero's writings; his countrymen have now agreed to differ from him, and to restore a great writer to his true position.

In philosophical receptivity too the brightest and finest minds among this aristocracy show an ability which is almost astonishing, when we consider that there had been no education in Rome worth the name until the second century B.C.[170] I use the word receptivity, because the Romans of our period never really learnt to think for themselves; they never grappled with a problem, or struck out a new line of thought. But so far as we can judge by Cicero's philosophical works, the only ones of his age which have come down to us, the power to read with understanding and to reproduce with skill was unquestionably of a high order. The opportunities for study were not wanting; private libraries were numerous, and all Cicero's friends who had collected books were glad to let him have the use of them.[171] Greek philosophers were often domesticated in wealthy families, and could discourse with the statesman when he had leisure from public business. Much of this was no more than fashion, and real endeavour and earnestness were rare; but the fact remains that one philosophical system, more especially on its ethical side, took real possession of the best type of Roman mind, and had permanent and saving influence on it.

Stoicism was brought to Rome by Panaetius of Rhodes, the intimate friend of Scipio, a mild and tactful Greek whose Rhodian birth gave him perhaps some advantage in associating with the old allies of his state. He came to Rome at a critical moment, when even the best men were drifting into pure material self-seeking; and the results of his teaching were during two centuries so wholesome and inspiring that we may almost think of him as a missionary. The ground had been prepared for him in some sense by Polybius, who introduced him to Scipio and his circle, and who was then engaged in writing his history. From Polybius the Romans, the best of them at least, first learnt to realise their own empire and the great change it had wrought in the world; to think about what they had done and the qualities that enabled them to do it. From Panaetius they were to learn a philosophical creed which might direct and save them in the future, which might serve as ballast in public and private life, just when the ship was beginning to drift in moral helplessness. He was the founder of a school of practical wisdom, singularly well adapted to the Roman character and intellect, which were always practical rather than speculative; and far better suited to ordinary human life than the old rigid and austere Stoic ethics, of which the younger Cato was the only eminent Roman disciple. From what we know of Panaetius' ethical teaching,—and in the first two books of Cicero's work, de Officiis, we have a fairly complete view of it,—we do not find the old doctrine that absolute wisdom and justice are the only ends to pursue, and everything else indifferent; a doctrine which put the old-fashioned Stoic out of court in public life. The relative element, the useful, played a great part in the teaching of Panaetius. Though his system is based on the highest principles to which moral teaching could then appeal, it did not exclude the give and take, the compromise without which no practical man of affairs can make way, nor yet the wealth and bodily comforts that secure leisure for thought.[172]

Panaetius' mission was carried on by another Rhodian philosopher, the famous Posidonius, who lived long enough to know Cicero himself and many of his contemporaries; a man less inspiring perhaps than Panaetius, but of greater knowledge and attainment; a traveller, geographer, and a man of the world, whose writings on many subjects, though lost to us, really lie at the back of a great part of the Roman literary output of his time.[173] He was the disciple of Panaetius; envoy from Rhodes to Rome in the terrible year 86; and later on the inmate of Roman families, and the admired friend of Cicero Pompeius, and Varro. Philosophy was only one of the many pursuits of this extraordinary man, whose literary and historical influence can be traced in almost every leading Roman author for a century at least; but his philosophical importance was during his lifetime perhaps predominant. The generation that knew him was rich in Stoics; for example, Aelius Stilo, the master of Varro, "doctissimus eorum temporum," as Gellius calls him;[2] Rutilius, who was mentioned just now as having written memoirs; and among others probably the great lawyer Mucius Scaevola. Cato, as we have seen, was not a follower of the Roman school of Stoicism, but of the older and uncompromising doctrine; but Cicero, though never a professed Stoic, was really deeply influenced, and towards the end of his life almost fascinated, by a creed which suited his humanity while it stimulated his instinct for righteousness.[174] And, like Cicero, many other men of serious character felt the power of Stoicism almost unconsciously, without openly professing it.

Stoicism then was in several ways congenial to the Roman spirit, but in one direction it had an inspiring influence which has been of lasting moment to the world. Up to the time of Panaetius and the Scipionic circle the Roman idea and study of law had been of a crabbed practical character, wanting in breadth of treatment, destitute of any philosophical conception of the moral principles which lie behind all law and government. The Stoic doctrine of universal law ruling the world—a divine law, emanating from the universal Reason—seems to have called up life in these dry bones. It might be held by a Roman Stoic that human law comes into existence when man becomes aware of the divine law, and recognises its claim upon him. Morality is thus identical with law in the widest sense of the word, for both are equally called into being by the Right Reason, which is the universal primary force.[175] It is not possible here to show how this grand and elevating idea of law may have affected Roman jurisprudence, but we will just notice that the first quasi-philosophical treatment of law is found following the age of Panaetius and the Scipionic circle; that the phrase ius gentium then begins to take the meaning of general principles or rules common to all peoples, and founded on "natural reason";[176] and that this led by degrees to the later idea of the Law of Nature, and to the cosmopolitanism of the Roman legal system, which came to embrace all peoples and degrees in its rational and beneficent influence. If the Greek had a genius for beauty, and the Jew for righteousness, the Roman had a genius for law; and the power of Stoicism in ennobling and enriching his native conception of it is probably not to be easily over-estimated.

Thus behind the stormy scenes of public life in this period there is a process going on which will be of value not only to the Roman Empire but to modern civilisation. It was carried on more especially by two men of the highest character, Q. Mucius Scaevola, Cicero's adviser in his early days, and often his model in later life; and Servius Sulpicius Rufus, his exact contemporary and lifelong friend. Neither Scaevola nor Sulpicius were, so far as we know, professed disciples of Stoicism; but that they applied perhaps half unconsciously the principles of Stoicism to their own legal studies is almost certain. The combination of legal training and Stoic influence (whether direct or unconscious) seems to have been capable of bringing the Roman aristocratic character to a high pitch of perfection; and it will be pleasant to take this friend of Cicero, whose public career we can clearly trace, and one or two of whose letters we still possess, as our example of a really well spent life in an age when time and talent were constantly abused and wasted.

Sulpicius and Cicero were born in the same year, 106; they went hand in hand in early life, and remained friends till their deaths in 43, Sulpicius dying a few months before Cicero. They were both attached in early youth to the Scaevola just mentioned, the first of the great series of scientific Roman lawyers. But the consulship of Cicero made a wide divergence in their lives. In that year Sulpicius was a candidate for the consulship and failed; and then, resigning further attempts to obtain the highest honour, he retired for the next twelve years into private life, devoting himself to the work which has made his name immortal. His writings are lost; nothing remains of them but a few chance fragments and allusions; but he was reckoned the second of the great writers on legal subjects, and it is probable that he contributed as much as any of them to the work of making Roman law what it has been as a power in the world, a factor in modern civilisation. For he treated it, as his friend said of him,[177] with the hand and mind of an artist, laying out his whole subject and distributing it into its constituent parts, by definition and interpretation making clear what seemed obscure, and distinguishing the false from the true in legal principle. In the splendid panegyric pronounced on him in the senate after his death,[178] Cicero again emphatically declared him to be unrivalled in jurisprudence. In beautiful but untranslatable language he claims that he was "non magis iuris consultus, quam iustitiae,"—an encomium which all great lawyers might well envy; he aimed rather at enabling men to be rid of litigation than at encouraging them to engage in it.

From such passages we might conjecture, even if we knew nothing more about him, that Sulpicius was a man of very fine clay, of real humanitas in the widest sense of that expressive word; and this is entirely borne out in other ways.[179] Emerging at last from retirement, he stood again for the consulship in 52 B.C., and was elected. The year of his office, 51, was the first in which the enemies of Caesar, with Cato at their head, began to attack his position and clamour for his recall from his command; this violent hostility Sulpicius tried, not without temporary success, to restrain, and the fact that a man of so just a mind should have taken this line is one of the best arguments for the reasonableness of Caesar's cause.[180] When war broke out he was greatly perplexed how to act; his breadth of view made decision difficult, and he seems to have been at all times more a student than a man of action. With some heart-burnings he joined Caesar in the struggle, and accepted from him the government of Achaia; it was at this time that he wrote the famous letter of consolation to Cicero on the death of his beloved daughter Tullia, which is full of true feeling and kindliness, though evidently composed with effort, if not with difficulty. After Caesar's death he of course acted with Cicero against Antony, and in the spring of 43, making always for peace and good-will, he gave his life for his country in a way that claims our admiration more really than the suicide of Cato the professional Stoic; he headed an embassy to Antony, though dangerously ill at the time, and died in this last effort to obtain a hearing for the voice of justice. He has a monumentum aere perennius in the speech of his old friend urging the senate to vote him a public funeral and a statue, as one who had laid down his life for his country.

We must now turn to consider how the mischievous side of the new Greek culture, in combination with other tendencies of the time, found its way into weak points in the armour of the Roman aristocracy.

The pursuit of ease and pleasure, to which the attainment of wealth and political power were too often merely subordinated, is a leading characteristic of the time. It is seen in many different forms, in many different types of character; but at the root of the whole corruption is the spirit of the coarser side of Epicureanism. As with Roman Stoicism, so too with Roman Epicureanism, it is not so much the professed holding of philosophical tenets that affected life; in the case of the latter system, it was the coincidence of its popularity with the decay of the old Roman faith and morality, and with the abnormal opportunities of self-indulgence. Cato as a professed Stoic, Lucretius as an enthusiastic Epicurean, stand quite apart from the mass of men who were actuated one way or the other by these philosophical creeds. The majority simply played with the philosophy, while following the natural bent of their individual character; but such dilettanteism was often quite enough to affect that character permanently for good or evil.

"Epicureanism popularised inevitably turns to vice." Was it really popular at Rome? Cicero tells us in a valuable passage[181] that one Amafinius had written on it, and that a great number of copies of his book were sold, partly because the arguments were easy to follow, partly because the doctrine was pleasant, and partly too because men failed to get hold of anything better. The date of this Amafinius is uncertain, but it is probable that Cicero is here speaking of the latter part of the second century B.C.; and he goes on to say that other writers took up the same line of teaching, and established it over the whole of Italy (Italiam totam occupaverunt). If this was in the time of the Social and Civil Wars, of the proscriptions, of increasing crime and self-seeking, we can well understand that the doctrine was popular. We have a remarkable example of it in the life of a public man of Cicero's own time, the object of the most envenomed invective that he ever uttered.[182] We cannot believe a tithe of what he says about this man, Calpurnius Piso, consul in 58; but in this particular matter of the damage done him by Epicurean teaching we have independent evidence which confirms it. Piso, then a young man, made acquaintance with a Greek of this school of thought, learnt from him that pleasure was the sole end of life, and failing to appreciate the true meaning and bearing of the doctrine, fell into the trap. It was a dangerous doctrine, Cicero says, for a youth of no remarkable intelligence; and the tutor, instead of being the young man's guide to virtue, was used by him as an authority for vice.[183] This Greek was a certain Philodemus, a few of whose poems are preserved in the Greek Anthology; and a glance at them will show at once how dangerous such a man would be as the companion of a Roman youth. He may not himself have been a bad man—Cicero indeed rather suggests the contrary, calling him vere humanus—but the air about him was poisonous. In his pupil, if we can trust in the smallest degree the picture drawn of him by Cicero, we may see a specimen of the young men of the age whose talents might have made them useful in the world, but for the strength of the current that drew them into self-indulgence.

Not only the pursuit of pleasure, but its correlative, the avoidance of work and duty, can be abundantly illustrated in this age; and this too may have had a subtle connexion with Epicurean teaching, which had always discouraged the individual from distraction in the service of the State, as disturbing to the free development of his own virtue. Sulla did much hard work, but made the serious blunder of retiring to enjoy himself just when his new constitutional machinery needed the most careful watching and tending. Lucullus, after showing a wonderful capacity for work and a greater genius for war than perhaps any man of his time, retired from public life as a millionaire and a quietist, to enjoy the wealth that has become proverbial, and a luxury that is astonishing, even if we make due allowance for the exaggeration of our accounts of it. To his library we have already been introduced; those who would see him in his banqueting-hall, or rather one of the many in his palace, may turn to the fortieth chapter of Plutarch's most interesting Life of him, and read the story there told of the dinner he gave to Cicero and Pompeius in the "Apollo" dining-room.[184]

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