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Social life at Rome in the Age of Cicero
by W. Warde Fowler
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But it is nevertheless true that Lucretius was a great religious poet. He was a prophet, in deadly earnest, calling men to renounce their errors both of thought and conduct. He saw around him a world full of wickedness and folly; a world of vanity, vexation, fear, ambition, cruelty, and lust. He saw men fearing death and fearing the gods; overvaluing life, yet weary of it; unable to use it well, because steeped in ignorance of the wonderful working of Nature.[539] He saw them, as we have already seen them, the helpless victims of ambition and avarice, ever, like Sisyphus, rolling the stone uphill and never reaching the summit.[540] Of cruelty and bloodshed in civil strife that age had seen enough, and on this too the poet dwells with bitter emphasis;[541] on the unwholesome luxury and restlessness of the upper classes,[542] and on their unrestrained indulgence of bodily appetites. In his magnificent scorn he probably exaggerated the evils of his day, yet we have seen enough in previous chapters to suggest that he was not a mere pessimist; there is no trace in his poem of cynicism, or of a soured temperament. We may be certain that he was absolutely convinced of the truth of all he wrote.

So far Lucretius may be called a religious poet, in that with profound conviction and passionate utterance he denounced the wickedness of his age, and, like the Hebrew prophets, called on mankind to put away their false gods and degrading superstitions, and learn the true secret of guidance in this life. It is only when we come to ask what that secret was, that we feel that this extraordinary man knew far too little of ordinary human nature to be either a religious reformer or an effective prophet: as Sellar has said of him,[543] he had no sympathy with human activity. His secret, the remedy for all the world's evil and misery, was only a philosophical creed, which he had learnt from Epicurus and Democritus. His profound belief in it is one of the most singular facts in literary history; no man ever put such poetic passion into a dogma, and no such imperious dogma was ever built upon a scientific theory of the universe. He seems to have combined two Italian types of character, which never have been united before or since,—that of the ecclesiastic, earnest and dogmatic, seeing human nature from a doctrinal platform, not working and thinking with it; and secondly the poetic type, of which Dante is the noblest example, perfectly clear and definite in inward and outward vision, and illuminating all that it touches with an indescribable glow of pure poetic imagination.

Lucretius' secret then is knowledge,[544]—not the dilettanteism of the day, but real scientific knowledge of a single philosophical attempt to explain the universe,—the atomic theory of the Epicurean school. Democritus and Epicurus are the only saviours,—of this Lucretius never had the shadow of a doubt. As the result of this knowledge, the whole supernatural and spiritual world of fancy vanishes, together with all futile hopes or fears of a future life. The gods, if they exist, will cease to be of any importance to mankind, as having no interest in him, and doing him neither good nor harm. Chimaeras, portents, ghosts, death, and all that frightens the ignorant and paralyses their energies, will vanish in the pure light of this knowledge; man will have nothing to be afraid of but himself. Nor indeed need he fear himself when he has mastered "the truth." By that time, as the scales of fear fall from his eyes, his moral balance will be recovered; the blind man will see. What will he see? What is the moral standard that will become clear to him, the sanction of right living that will grip his conscience?

It is simply the conviction that as this life is all we have in past, present, or future, it must be used well. After all then, Lucretius is reduced to ordinary moral suasion, and finds no new power or sanction that could keep erring human nature in the right path. And we must sadly allow that no real moral end is enunciated by him; his ideal seems to be quietism in this life, and annihilation afterwards.[545] It is a purely self-regarding rule of life. It is not even a social creed; neither family nor State seems to have any part in it, much less the unfortunate in this life, the poor, and the suffering. The poet never mentions slavery, or the crowded populations of great cities. It might almost be called a creed of fatalism, in which Natura plays much the same part as Fortuna did in the creed of many less noble spirits of that age.[546] Nature fights on; we cannot resist her, and cannot improve on her; it is better to acquiesce and obey than to try and rule her.

Thus Lucretius' remedy fails utterly; it is that of an aristocratic intellect, not of a saviour of mankind.[547] So far as we know, it was entirely fruitless; like the constitution of Sulla his contemporary, the doctrine of Lucretius roused no sense of loyalty in Roman or Italian, because it was constructed with imperfect knowledge of the Roman and Italian nature. But it was a noble effort of a noble mind; and, apart from its literary greatness, it has incidentally a lasting value for all students of religious history, as showing better than anything else that has survived from that age the need of a real consecration of morality by the life and example of a Divine man.

Thus while the Roman statesman found it necessary to maintain the ius divinum without troubling himself to attempt to put any new life into the details of the worship it prescribed, content to let much of it sink into oblivion as no longer essential to the good government of the State, the greatest poetical genius of the age was proclaiming in trumpet tones that if a man would make good use of his life he must abandon absolutely and without a scruple the old religious ideas of the Graeco-Roman world. But there was another school of thought which had long been occupied with these difficulties, and had reached conclusions far better suited than the dogmatism of Lucretius to the conservative character of the Roman mind, for it found a place for the deities of the State, and therefore for the ius divinum, in a philosophical system already widely accepted by educated men. This school may be described as Stoic, though its theology was often accepted by men who did not actually call themselves Stoics; for example, by Cicero himself, who, as an adherent of the New Academy, the school which repudiated dogmatism and occupied itself with dialectic and criticism, was perfectly entitled to adopt the tenets of other schools if he thought them the most convincing. Its most elaborate exponent in this period was Varro, and behind both Varro and Cicero there stands the great figure of the Rhodian Posidonius[548], of whose writings hardly anything has come down to us. It is worth while to trace briefly the history of this school at Rome, for it is in itself extremely interesting, as an attempt to reconcile the old theology—if the term may be used—with philosophical thought, and it probably had an appreciable influence on the later quasi-religious Stoicism of the Empire.

We must go back for a moment to the period succeeding the war with Hannibal. The awful experience of that war had done much to discredit the old Roman religious system, which had been found insufficient of itself to preserve the State. The people, excited and despairing, had been quieted by what may be called new religious prescriptions, innumerable examples of which are to be found in Livy's books. The Sibylline books were constantly consulted, and lectisternia, supplicationes, ludi, in which Greek deities were prominent, were ordered and carried out. Finally, in 204 B.C., there was brought to Rome the sacred stone of the Magna Mater Idaea, the great deity of Pessinus in Phrygia, and a festival was established in her honour, called by the Greek name Megalesia. All this means, as can be seen clearly from Livy's language,[549] that the governing classes were trying to quiet the minds of the people by convincing them that no effort was being spared to set right their relations with the unseen powers; they had invoked in vain their own local and native deities, and had been compelled to seek help elsewhere; they had found their own narrow system of religion quite inadequate to express their religious experience of the last twenty years. And indeed that old system of religion never really recovered from the discredit thus cast on it. The temper of the people is well shown by the rapidity with which the orgiastic worship of the Greek Dionysus spread over Italy a few years later; and the fact that it was allowed to remain, though under strict supervision, shows that the State religion no longer had the power to satisfy the cravings of the masses. And the educated class too was rapidly coming under the influence of Greek thought, which could hardly act otherwise than as a solvent of the old religious ideas. Ennius, the great literary figure of this period, was the first to strike a direct blow at the popular belief in the efficacy of prayer and sacrifice, by openly declaring that the gods did not interest themselves in mankind,[550]—the same Epicurean doctrine preached afterwards by Lucretius. It may indeed be doubted whether this doctrine became popular, or acceptable even to the cultured classes; but the fact remains that the same man who did more than any one before Virgil to glorify the Roman character and dominion, was the first to impugn the belief that Rome owed her greatness to her divine inhabitants.

But in the next generation there arrived in Rome a man whose teaching had so great an influence on the best type of educated Roman that, as we have already said, he may almost be regarded as a missionary.[551] We do not know for certain whether Panaetius wrote or taught about the nature or existence of the gods; but we do know that he discussed the question of divination[552] in a work [Greek: Peri pronoias], where he could hardly have avoided the subject. In any case the Stoic doctrines which he held, themselves ultimately derived from Plato and the Old Academy, were found capable in the hands of his great successor Posidonius of Rhodes of supplying a philosophical basis for the activity as well as the existence of the gods. These men, it must be repeated, were not merely professed philosophers, but men of the world, travellers, writing on a great variety of subjects; they were profoundly interested, like Polybius, in the Roman character and government; they became intimate with the finer Roman minds, from Scipio the younger to Cicero and Varro, and seem to have seen clearly that the old rigid Stoicism must be widened and humanised, and its ethical and theological aspects modified, if it were to gain a real hold on the practical Roman understanding. We have already seen[553] how their modified Stoic ethics acted for good on the best Romans of our period. In theology also they left a permanent mark on Roman thought; Posidonius wrote a work on the gods, which formed the basis of the speculative part of Varro's Antiquitates divinae, and almost certainly also of the second book of Cicero's de Natura Deorum[554]. Other philosophers of the period, even if not professed Stoics, may have discussed the same subjects in their lectures and writings, arriving at conclusions of the same kind.

It is chiefly from the fragments of Varro's work that we learn something of the Stoic attempt to harmonise the old religious beliefs with philosophic theories of the universe[555]. Varro, following his teacher, held the Stoic doctrine of the animus mundi the Divine principle permeating all material things which, in combination with them, constitutes the universe, and is Nature, Reason, God, Destiny, or whatever name the philosopher might choose to give it. The universe is divine, the various parts of it are, therefore, also divine, in virtue of this informing principle. Now in the sixteenth book of his great work Varro co-ordinated this Stoic theory with the Graeco-Roman religion of the State as it existed in his time. The chief gods represented the partes mundi in various ways; even the difference of sex among the deities was explained by regarding male gods as emanating from the heaven and female ones from the earth, according to a familiar ancient idea of the active and passive principle in generation. The Stoic doctrine of [Greek: daimones] was also utilised to find an explanation for semi-deities, lares, genii, etc., and thus another character of the old Italian religious mind was to be saved from contempt and oblivion. The old Italian tendency to see the supernatural manifesting itself in many different ways expressed by adjectival titles, e.g. Mars Silvanus, Jupiter Elicius, Juno Lucina, etc., also found an explanation in Varro's doctrine; for the divine element existing in sky, earth, sea, or other parts of the mundus, and manifesting itself in many different forms of activity, might be thus made obvious to the ordinary human intellect without the interposition of philosophical terms.

At the head of the whole system was Jupiter, the greatest of Roman gods, whose title of Optimus Maximus might well have suggested that no other deity could occupy this place. Without him it would have been practically impossible for Varro to carry out his difficult and perilous task. Every Roman recognised in Jupiter the god who condescended to dwell on the Capitol in a temple made with hands, and who, beyond all other gods, watched over the destinies of the Roman State; every Roman also knew that Jupiter was the great god of the heaven above him, for in many expressions of his ordinary speech he used the god's name as a synonym for the open sky.[556] The position now accorded to the heaven-god in the new Stoic system is so curious and interesting that we must dwell on it for a moment.

Varro held, or at any rate taught, that Jupiter was himself that soul of the world (animus mundi) which fills and moves the whole material universe.[557] He is the one universal causal agent,[558] from whom all the forces of nature are derived;[559] or he may be called, in language which would be intelligible to the ordinary Roman, the universal Genius.[560] Further, he is himself all the other gods and goddesses, who may be described as parts, or powers, or virtues, existing in him.[561] And Varro makes it plain that he wishes to identify this great god of gods with the Jupiter at Rome, whose temple was on the Capitol; St. Augustine quotes him as holding that the Romans had dedicated the Capitol to Jupiter, who by his spirit breathes life into everything in the universe:[562] or in less philosophical language, "The Romans wish to recognise Jupiter as king of gods and men, and this is shown by his sceptre and his seat on the Capitol." Thus the god who dwelt on the Capitol, and in the temple which was the centre-point of the Roman Empire, was also the life-giving ruler and centre of the whole universe. Nay, he goes one step further, and identifies him with the one God of the monotheistic peoples of the East, and in particular with the God of the Jews.[563]

Thus Varro had arrived, with the help of Posidonius and the Stoics, at a monotheistic view of the Deity, which is at the same time a kind of pantheism, and yet, strange to say, is able to accommodate itself to the polytheism of the Graeco-Roman world. But without Jupiter, god of the heaven both for Greeks and Romans, and now too in the eyes of both peoples the god who watched over the destiny of the Roman Empire, this wonderful feat could not have been performed. The identification of the heaven-god with the animus mundi of the Stoics was not indeed a new idea; it may be traced up Stoic channels even to Plato. What is really new and astonishing is that it should have been possible for a conservative Roman like Varro, in that age of carelessness and doubt, to bring the heaven-god, so to speak, down to the Roman Capitol, where his statue was to be seen sitting between Juno and Minerva, and yet to teach the doctrine that he was the same deity as the Jewish Jehovah, and that both were identical with the Stoic animus mundi.

But did Varro also conceive of this Jupiter as a deity "making for righteousness," or acting as a sanction for morality? It would not have been impossible or unnatural for a Roman so to think of him, for of all the Roman deities Jupiter is the one whose name from the most ancient times had been used in oaths and treaties, and whose numen was felt to be violated by any public or private breach of faith.[564] We cannot tell how far Varro himself followed out this line of thought, for the fragments of his great work are few and far between. But we know that the Roman Stoics saw in that same universal Power or Mind which Varro identified with Jupiter the source and strength of law, and therefore of morality; here it is usually called reason, ratio, the working of the eternal and immutable Mind of the universe. "True law is right reason," says Cicero in a noble passage;[565] and goes on to teach that this law transcends all human codes of law, embracing and sanctioning them all; and that the spirit inherent in it, which gives it its universal force, is God Himself. In another passage, written towards the end of his life, and certainly later than the publication of Varro's work, he goes further and identifies this God with Jupiter.[566] "This law," he says, "came into being simultaneously with the Divine Mind" (i.e. the Stoic Reason): "wherefore that true and paramount law, commanding and forbidding, is the right reason of almighty Jupiter" (summi Iovis). Once more, in the first book of his treatise on the gods, he quotes the Stoic Chrysippus as teaching that the eternal Power, which is as it were a guide in the duties of life, is Jupiter himself.[567] It is characteristic of the Roman that he should think, in speculations like these, rather of the law of his State than of the morality of the individual, as emanating from that Right Reason to which he might give the name of Jupiter: I have been unable to find a passage in which Cicero attributes to this deity the sanction for individual goodness, though there are many that assert the belief that justice and the whole system of social life depend on the gods and our belief in them.[568] But the Roman had never been conscious of individual duty, except in relation to his State, or to the family, which was a living cell in the organism of the State. In his eyes law was rather the source of morality than morality the cause and the reason of law; and as his religion was a part of the law of his State, and thus had but an indirect connection with morality, it would not naturally occur to him that even the great Jupiter himself, thus glorified as the Reason in the universe, could really help him in the conduct of his life qua individual. It is only as the source of legalised morality that we can think of Varro's Jupiter as "making for righteousness."

Less than twenty-five years after Cicero's death, in the imagination of the greatest of Roman poets, Jupiter was once more brought before the Roman world, and now in a form comprehensible by all educated men, whether or no they had dabbled in philosophy. What are we to say of the Jupiter of the Aeneid? We do not need to read far in the first book of the poem to find him spoken of in terms which remind us of Varro: "O qui res hominumque deumque Aeternis regis imperiis," are the opening words of the address of Venus; and when she has finished,

Olli subridens hominum sator atque deorum Vultu, quo caelum tempestatesque serenat, Oscula libavit natae, dehine talia fatur; "Parce metu, Cytherea, manent immota tuorum Fata tibi."

Jupiter is here, as in Varro's system, the prime cause and ruler of all things, and he also holds in his hand the destiny of Rome and the fortunes of the hero who was to lay the first foundation of Rome's dominion. It is in the knowledge of his will that Aeneas walks, with hesitating steps, in the earlier books, in the later ones with assured confidence, towards the goal that is set before him. But the lines just quoted serve well to show how different is the Jupiter of Virgil from the universal deity of the Roman Stoic. Beyond doubt Virgil had felt the power of the Stoic creed; but he was essaying an epic poem, and he could not possibly dispense with the divine machinery as it stood in his great Homeric model. His Jupiter is indeed, as has been lately said,[569] "a great and wise god, free from the tyrannical and sensuous characteristics of the Homeric Zeus," in other words, he is a Roman deity, and sometimes acts and speaks like a grave Roman consul of the olden time. But still he is an anthropomorphic deity, a purely human conception of a personal god-king; in these lines he smiles on his daughter Venus and kisses her. This is the reason why Virgil has throughout his poem placed the Fates, or Destiny, in close relation to him, without definitely explaining that relation. Fate, as it appears in the Aeneid, is the Stoic [Greek: eimarmenae] applied to the idea of Rome and her Empire; that Stoic conception could not take the form of Jupiter, as in Varro's hands, for the god had to be modelled on the Homeric pattern, not on the Stoic. It is perhaps not going too far to say that the god, as a theological conception, never recovered from this treatment; any chance he ever had of becoming the centre of a real religious system was destroyed by the Aeneid, the pietas of whose hero is indeed nominally due to him, but in reality to the decrees of Fate.[570]

While philosophers and poets were thus performing intellectual and imaginative feats with the gods of the State, the strong tendency to superstition, untutored fear of the supernatural, which had always been characteristic of the Italian peoples, so far from losing power, was actually gaining it, and that not only among the lower classes. As Lucretius mockingly said, even those who think and speak with contempt of the gods will in moments of trouble slay black sheep and sacrifice them to the Manes. This feeling of fear or nervousness, which lies at the root of the meaning of the word religio,[571] had been quieted in the old days by the prescriptions of the pontifices and their jus divinum, but it was always ready to break out again; as we have seen, in the long and awful struggle of the Hannibalic war, it was necessary to go far beyond the ordinary pharmacopoeia within reach of the priesthoods in order to convince the people that all possible means were being taken for their salvation. Again, in this last age of the Republic, there are obvious signs that both ignorant and educated were affected by the gloom and uncertainty of the times. Increasing uncertainty in the political world, increasing doubt in the world of thought, very naturally combined to produce an emotional tendency which took different forms in men of different temperament. We can trace this (1) in the importance attached to omens, portents, dreams; (2) in a certain vague thought of a future life, which takes a positive shape in the deification of human beings; (3) at the close of the period, in something approaching to a sense of sin, of neglected duty, bringing down upon State and individual the anger of the gods.

1. If we glance over the latter part of the book of prodigies, compiled by the otherwise unknown writer Julius Obsequens from the records of the pontifices quoted in Livy's history, we can get a fair idea of the kind of portent that was troubling the popular mind. They are much the same as they always had been in Roman history,—earthquakes, monstrous births, temples struck by lightning, statues overthrown, wolves entering the city, and so on; they are extremely abundant in the terrible years of the Social and Civil Wars, become less frequent after the death of Sulla, and break out again in full force with the murder of Caesar. They were reported to the pontifices from the places where they were supposed to have occurred, and if thought worthy of expiation were entered in the pontifical books. We may suppose that they were sent in chiefly by the uneducated. But among men of education we have many examples of this same nervousness, of which two or three must suffice. Sulla, as we know from his own Memoirs, which were used directly or indirectly by Plutarch, had a strong vein of superstition in his nature, and made no attempt to control it. In dedicating his Memoirs to Lucullus he advised him "to think no course so safe as that which is enjoined by the [Greek: daimon] (perhaps his genius) in the night";[572] and Plutarch tells us several tales of portents on which he acted, evidently drawn from this same autobiography. We are told of him that he always carried a small image of Apollo, which he kissed from time to time, and to which he prayed silently in moments of danger.[573] Again, Cicero tells us a curious story of himself, Varro, and Cato, which shows that those three men of philosophical learning were quite liable to be frightened by a prophecy which to us would not seem to have much claim to respect.[574] He tells how when the three were at Dyrrachium, after Caesar's defeat there and the departure of the armies into Thessaly, news was brought them by the commander of the Rhodian fleet that a certain rower had foretold that within thirty days Greece would be weltering in blood; how all three were terribly frightened, and how a few days later the news of the battle at Pharsalia reached them. Lastly, we all remember the vision which appeared to Brutus on the eve of the battle of Philippi, of a huge and fearsome figure standing by him in silence, which Shakespeare has made into the ghost of Caesar and used to unify his play. According to Plutarch, the Epicurean Cassius, as Lucretius would have done, attempted to convince his friend on rational grounds that the vision need not alarm him, but apparently in vain.[575]

2. Lucretius had denied the doctrine of the immortality of the soul, as the cause of so much of the misery which he believed it to be his mission to avert. Caesar, in the speech put into his mouth by Sallust, in the debate on the execution of the conspirators on December 5, 63, seems to be of the same opinion, and as Cicero alludes to his words in the speech with which he followed Caesar, we may suppose that Sallust was reporting him rightly.[576] The poet and the statesman were not unlike in the way in which they looked at facts; both were of clear strong vision, without a trace of mysticism. But such men were the exception rather than the rule; Cicero probably represents better the average thinking man of his time. Cicero was indeed too full of life, too deeply interested in the living world around him, to think much of such questions as the immortality of the soul; and as a professed follower of the Academic school, he assuredly did not hold any dogmatic opinion on it. He was at no time really affected by Pythagoreanism, like his friend Nigidius Figulus, whose works, now lost, had a great vogue in the later years of Cicero's life, and much influence on the age that followed. In the first book of his Tusculan Disputations Cicero discusses the question from the Academic point of view, coming to no definite conclusion, except that whether we are immortal or not we must be grateful to death for releasing us from the bondage of the body. This book was written in the last year of his life; but ten years earlier, in the beautiful myth, imitated from the myths of Plato, which he appended to his treatise de Republica, he had emphatically asserted the doctrine. There the spirit of the elder Scipio appears to his great namesake, Cicero's ideal Roman, and assures him that the road to heaven (caelum) lies open to those who do their duty in this life, and especially their duty to the State. "Know thyself to be a god; as the god of gods rules the universe, so the god within us rules the body, and as that great god is eternal, so does an eternal soul govern this frail body."[577]

The Somnium Scipionis was an inspiration, written under the influence of Plato at one of those emotional moments of Cicero's life which make it possible to say of him that there was a religious element in his mind.[578] Some years later the poignancy of his grief at the death of his daughter Tullia had the effect of putting him again in a strong emotional mood. For many weeks he lived alone at Astura, on the edge of the Pomptine marshes, out of reach of all friends, forbidding even his young wife and her mother to come near him; brooding, as it would seem, on the survival of the godlike element in his daughter. These sad meditations took a practical form which at first astonishes us, but is not hard to understand when we have to come to know Cicero well, and to follow the tendencies of thought in these years. He might erect a tomb to her memory,—but that would not satisfy him; it would not express his feeling that the immortal godlike spark within her survived. He earnestly entreats Atticus to find and buy him a piece of ground where he can build a fanum, i.e. a shrine, to her spirit. "I wish to have a shrine built, and that wish cannot be rooted out of my heart. I am anxious to avoid any likeness to a tomb ... in order to attain as nearly as possible to an apotheosis."[579] A little further on he calls these foolish ideas; but this is doubtless only because he is writing to Atticus, a man of the world, not given to emotion or mysticism. Cicero is really speaking the language of the Italian mind, for the moment free from philosophical speculation; he believes that his beloved dead lived on, though he could not have proved it in argument. So firmly does he believe it that he wishes others to know that he believes it, and insists that the shrine shall be erected in a frequented place![580]

Though the great Dictator did not believe in another world, he consented at the end of his life to become Jupiter Julius, and after his death was duly canonised as Divus, and had a temple erected to him. But the many-sided question of the deification of the Caesars cannot be discussed here; it is only mentioned as showing in another way the trend of thought in this dark age of Roman history. Whatever some philosophers may have thought, there cannot be a doubt that the ordinary Roman believed in the godhead of Julius.[581]

3. We saw in an earlier chapter with what gay and heedless frivolity young men like Caelius were amusing themselves even on the very eve of civil war. In strange contrast with this is the gloom that overspread all classes during the war itself, and more especially after the assassination of the Dictator. Caesar seemed irresistible and godlike, and men were probably beginning to hope for some new and more stable order of things, when he was suddenly struck down, and the world plunged again into confusion and doubt; and it was not till after the final victory of Octavian at Actium, and the destruction of the elements of disunion with the deaths of Antony and Cleopatra, that men really began to hope for better times. The literature of those melancholy years shows distinct signs of the general depression, which was perhaps something more than weariness and material discomfort; there was almost what we may call a dim sense of sin, or at least of moral evil, such a feeling, though far less real and intense, as that which their prophets aroused from time to time in the Jewish people, and one not unknown in the history of Hellas.

The most touching expression of this feeling is to be found in the preface which Livy prefixed to his history—a wonderful example of the truth that when a great prose writer is greatly moved, his language reflects his emotion in its beauty and earnestness. Every student knows the sentence in which he describes the gradual decay of all that was good in the Roman character: "donec ad haec tempora, quibus nec vitia nostra nec remedia pati possumus, perventum est"; but it is not every student who can recognise in it a real sigh of despair, an unmistakable token of the sadness of the age.[582] In the introductory chapters which serve the purpose of prefaces to the Jugurtha and Catiline of Sallust, we find something of the same sad tone, but it does not ring true like Livy's exordium; Sallust was a man of altogether coarser fibre, and seems to be rather assuming than expressing the genuine feeling of a saddened onlooker. In one of his earliest poems, written perhaps after the Perusian war of 41 B.C.[583] even the lively Horace was moved to voice the prevailing depression, fancifully urging that the Italian people should migrate, like the Phocaeans of old, to the far west, where, as Sertorius had been told in Spain, lay the islands of the blest, where the earth, as in the golden age, yields all her produce untilled:

Iuppiter ilia piae secrevit litora genti Ut inquinavit aere tempus aureum; Aere, dehinc ferro duravit saecula, quorum Piis secunda vate me datur fuga.

It may be, as has recently been suggested, that the famous fourth Eclogue of Virgil, "the Messianic Eclogue," was in some sense meant as an answer to this poem of Horace. "There is no need," he seems to say in that poem, written in the year 39, "to seek the better age in a fabled island of the west. It is here and now with us. The period upon which Italy is now entering more than fulfils in real life the dream of a Golden Age. A marvellous child is even now coming into the world who will see and inaugurate an era of peace and prosperity: darkness and despair will after a while pass entirely away, and a regenerate Italy,—regenerate in religion and morals as in fertility and wealth,—will lead the world in a new era of happiness and good government."[584]

But the Golden Age, so fondly hoped for, so vaguely and poetically conceived, was not to come in the sense in which Virgil, or any other serious thinker of the day, could dream of it. I may conclude this chapter with a few sentences which express this most truly and eloquently. "When there is a fervent aspiration after better things, springing from a strong feeling of human brotherhood, and a firm belief in the goodness and righteousness of God, such aspiration carries with it an invincible confidence that some how, some where, some when, it must receive its complete fulfilment, for it is prompted by the Spirit which fills and orders the Universe throughout its whole development. But if the human organ of inspiration goes on to fix the how, the where, and the when, and attributes to some nearer object the glory of the final blessedness, then it inevitably falls into such mistakes as Virgil's, and finds its golden age in the rule of the Caesars (which was indeed an essential feature of Christianity), or perhaps, as in later days, in the establishment of socialism or imperialism. Well for the seer if he remembers that the kingdom of God is within us, and that the true golden age must have its foundation in penitence for misdoing, and be built up in righteousness and loving kindness."[585]



EPILOGUE

These sketches of social life at the close of the Republican period have been written without any intention of proving a point, or any pre-conceived idea of the extent of demoralisation, social, moral, or political, which the Roman people had then reached. But a perusal of Mr. Balfour's suggestive lecture on "Decadence" has put me upon making a very succinct diagnosis of the condition of the patient whose life and habits I have been describing. The Romans, and the Italians, with whom they were now socially and politically amalgamated, were not in the last two centuries B.C. an old or worn-out people. It is at any rate certain that for a century after the war with Hannibal Rome and her allies, under the guidance of the Roman senate, achieved an amount of work in the way of war and organisation such as has hardly been performed by any people before or since; and even in the period dealt with in this book, in spite of much cause for misgiving at home, the work done by Roman and Italian armies both in East and West shows beyond doubt that under healthy discipline the native vigour of the population could assert itself. We must not forget, however severely we may condemn the way in which the work was done, that it is to these armies, in all human probability, that we owe not only the preservation of Graeco-Italian culture and civilisation, but the opportunity for further progress. The establishment of definite frontiers by Pompeius and Caesar, and afterwards by Augustus and Tiberius, brought peace to the region of the Mediterranean, and with it made possible the development of Roman law and the growth of a new and life-giving religion.

But peoples, like individuals, if offered opportunities of doing themselves physical or moral damage, are only too ready to accept them. Time after time in these chapters we have had to look back to the age following the war with Hannibal in order to see what those opportunities were; and in each case we have found the acceptance rapid and eager. We have seen wealth coming in suddenly, and misused; slave-labour available in an abnormal degree, and utilised with results in the main unfortunate; the population of the city increasing far too quickly, yet the difficulties arising from this increase either ignored or misapprehended. We have noticed the decay of wholesome family life, of the useful influence of the Roman matron, of the old forms of the State religion; the misconception of the true end of education, the result partly of Greek culture, partly of political life; and to these may perhaps be added an increasing liability to diseases, and especially to malaria, arising from economic blunders in Italy and insanitary conditions of life in the city. All these opportunities of damage to the fibre of the people had been freely accepted, and with the result that in the age of Cicero we cannot mistake the signs and symptoms of degeneracy.

But it would be a mistake to jump to the conclusion that this degeneracy had as yet gone too far to be arrested. It was assuredly not that degeneracy of senility which Mr. Balfour is inclined to postulate as an explanation of decadence. So far as I can judge, the Romans were at that stage when, in spite of unhealthy conditions of life and obstinate persistence in dangerous habits, it was not too late to reform and recover. To me the main interest of the history of the early Empire lies in seeking the answer to the question how far that recovery was made. If these chapters should have helped any student to prepare the ground for the solution of this problem their object will have been fully achieved.



INDEX

Accius Aedicula Aediles, the Aemilia, Via. See Via Aemilia Aemilius, Pons. See Pons Aemilius Aeneas Aerarium, the Aesopus, the actor Afranius Africa, province of Agrippa Alexandria Alexis (Atticus's slave) Amafinius Ambitu, lex de Anio, the river Anna Perenna, festival of Annona Antioch Antiochus (the physician) Antium, Cicero's villa at Antony Apodyterium Apollinares, Ludi. See Ludi Apollinares Apollonia Appia, Via. See Via Appia Appius Claudius Caecus Aqua Appia Aqua Tepula Aqueducts Ara maxima Ara Pacis Argentarii Argiletum, the Arpinum, Cicero's villa at Ars amatoria (Ovid's) Arval brothers, the Arx, the Asia, province of Astura, Cicero's villa at Atellanae, fabulae. See Fabulae Atellanae Atrium sutorium, Vestae Atticus house of, wealth of, as money-lender, the sister of, the slave of, Cicero's letters to, passim, Augury Augustus alleged proposal of, to remove the capital, attitude of towards plebs urbana, water-supply under, the grandfather of, as a social reformer, marriage laws of, furthers public comfort, restoration of temples by, attempts at religious revival, Aventine hill

Baiae Balbus, Cornelius, the younger Bankruptcy laws Basilicae, the Baths, public Bath-rooms Bauli Bithynia, province of Blanditia Bona Dea, festival of Boscoreale Brutus (Cicero's) Brutus, Decimus Bulla Byzantium

Caecilius Caelian hill Caelius Autipater Caelius (M.) Rufus Caesar, Julius alleged proposal of, to remove the capital extends one of the Basilicae, reduces corn gratuities; regulations of, for the government of the city; debts of; character of; as historian; joined by Caelius; restores credit in Italy; and Cleopatra; clemency of; sale of prisoners by; dismisses surrendered armies; foundation at Corinth by; entertained by Cicero; habits of; as aedile; summons Publilius to Rome; as Pontifex Maximus; speech of, in Sallust; consents to be deified; and passim Calceus Caldarium Calvus Camillus Campagua, the Campania Campus Martius Caninius Capena, Porta. See Porta Capena Capital at Rome Capitol, the Capitoline hill Capua Carceres, the Carinae, the Carmentalis, Porta. See Porta Carmentalis Castella Castor, temple of Catiline Cato major Cato minor Catullus Catulus the elder Cena Censor, the Censoria locatio Ceres Ceriales, Ludi. See Ludi Ceriales Cethegus Chariot-racing Chrysippus Cicero, birthplace of; house of; borrows money; as a man of business; and the publicani; relation of, to the governing aristocracy; letters of; as a philosopher; and Clodia; views on education; influence of philosophers upon; and the slave question; and the use of slaves for seditious purposes; villas of; undertakes the Ludi Romani; religious views of; and passim Cicero, Marcus Cicero, Quintus Cilician pirates Circus Flaminius Circus Maximus Cleopatra Clients Clivus Capitolinus Clivus sacer Cloaca maxima Clodia Clodius Cluvius Coemptio Coenaculum Coinage Collegia Colline gate, Sulla's victory at the, Colosseum, the Columella Comedy Comissatio Comitium, the Commercii, ius Compluvium Concordia, temple of Conducticii Confarreatio Coniugalia praecepta (Plutarch's) Connubii, ius Constantine, arch of Consul, the Consus, altar of Contubernium Convivium Copa ("Virgil's") Corfinium Cornelia Cornelius Crassus Cumae, Cicero's villa at Curia, the Curio

Debtors Declamatio Deductio Democritus Deorum, De Natura (Cicero's) Diana, temple of Die natali, De (Censorinus's) Diffarreatio Diomedes, villa of Dionysius of Halicarnassus Dionysus, worship of Di Penates. See Penates Diphilus, the actor Divorce Dolia Domus Dos Drama, the Dyrrhachium, importation of corn into; battle of

Egypt Emetics, use of Ennius Epicureanism Epicurus Epulum Jovis Equester, Ordo. See Ordo equester Equirria Equites. See Ordo equester Ergastula Esquiline hill Etruscans, the Evander Exedra

Fabius, arch of Fabri ferrarii Fabulae Atellanae; palliatae; togatae Familiae urbanae Fate Fercula Feriae Festa Figuli Figulus, Nigidius Flaccus, Verrius Flamen Dialis; Quirinalis Flaminius Flammeum Florales, Ludi. See Ludi Florales Foeneratores Foenus Formiae, Cicero's villa at Forum Boarium Forum Romanum Friedlaender Frontinus Fullones Funeral games Furrina, the grove of

Gabinius Gellius, Aulus Genseric Gilds. See Collegia Gladiators Gracchus, Gaius Gracchus, Tiberius Grammaticus Grassatores Greeks

Hannibal Hercules Hirtius Honorum, ius Horace Hortensius Horti Caesaris

Ientaculum Impluvium Institutio Oratoris (Quintilian's) Insulae Inventione, De (Cicero's) Isis, worship of Iura Ius civile Ius divinum Ius gentium

Janiculum, the Janus, "temple" of Julius Obsequens Juno, temple of Jupiter Jupiter Farreus; Julius; Optimus Maximus, temple of; Stator, temple of Juturna, spring of

"King," game of

Laberius Lar Lares, shrine of Latifundium Latina, Via. See Via Latina Latins, the Latium Law-courts, the Lectisternia Lectus; consularis genialis Legibus, De (Cicero's) Lentulus Lepidus Liberalia, the Libertinus Libertus Liternum, Scipio's villa at Livius Andronicus Livy Lucretius Lucretius Vespillo, Q. Lueullus Ludi, Apollinares; Ceriales; Florales; Magni, see Romani; Megalenses; Novemdiales; Plebeii; Romani; Victoriae Ludus Trojae Lupercal, the Lupercalia, the

Magister Magna Mater Mancipes Manes Mangones Manus Marcius Rex, Q. Marius Mars; temple of Martial Matrimonium, iustum Megaleuses, Ludi. See Ludi Megalenses Mensa Mensae; rationes Meridiatio Metae, the Metellus Celer Metellus Macedonicus Milo Mimes Minerva, temple of Missio in bona Missus Molo Mommsen Money-lenders Moretum ("Virgil's") Mos majorum Muliones Munera

Nefas Negotiatores Negotium Nepos, Cornelius Neptunalia, the Nicomedes, king of Bithynia Novemdiales, Ludi. See Ludi Novemdiales Novas homo Numa Nummularii

Obaerati Oecus Officiis, De (Cicero's) Operarii Opifices Oppia, lex Oppius Mons Oratore, De (Cicero's) Ordo equester; senatorius Oseans, the Ostia Ovid

Pacuvius Palatine hill Palliatae, fabulae. See Fabulae palliatae Panaetius Pantomimus Participes Patronus Paullus, L. Aemilius Paupereuli Peculium Penates, the; temple of the Pergamum Peristylium Permutatio Pero Perscriptio Persona Phaedrus the Epicurean Philippi, battle of Philippus (tribune) Philo the Academician Philodemus Pietas Piso, Calpurnius Pistores Plaetoria, lex Plautus Plebeii, Ludi. See Ludi Plebeii Pliny, the elder; the younger Plutarch Pollio, Asinius Polybius Pomerium Pompeii Pompeius house of theatre of Pomponia Pons Aemilius Ponte Rotto Pontifex Maximus Porta Capena Carmentalis Esquilina Portunus Posidonius Praecia Praedes Praediola Praetor, the Prandium Priesthoods Promagister Pronuba Provinces, the Provocations, ius Ptolemy Auletes Publicani Publicum Publilius Syrus Punic wars Puteoli, Cicero's villa at Puticulus Pythagoreanism

Quaestiones Conviviales (Plutarch's) Quaestorship, the Quintilian Quirinal (hill) Quirinus

Rabirius Postumus Redemptor Regia, the Religio Religion Repetundis, quaestio de Republica, De (Cicero's) Res, mancipi Rex, the Rex sacrorum Rhetorica ad Herennium Romulus Roscius, the actor Rostra, the Rutilius

Sabines, the Saccarii Sacra, privata; publica; via, see Via Sacra St. Peter, church of Salaminians, the Sallust Samnium San Gregorio, via di Sarpedon Sassia Saturnalia, the Saturninus Saturnus, temple of Scaevola, Mucius Scaurus Scipio Aemilianus, Asiaticus, Nasica, Sempionia Senate, the Senatorius, ordo. See Ordo senatorius Senec, "Servian wall" Servilius Sibylline books, the Slaves Societates publicanorum Socii Sodalicia, collegia. See Collegia Soleae Somnium Scipionis (Cicero's) Spanish silver mines Spartacus Spina Sponsalia Sportula Stoics, the Stola matronalis Strabo Subura, the Suffragii, ius Sulla Sulla, P. Sulpicius (S.), Rufus Sun-dials Supplicationes Synthesis

Tabellarii Tabernae Tabernae argentariae Tablinum Tabulae Tabulae novae Tabularia, the Tepidarium Terence Terentia Theatre, the Theatre, building of a Thurii Tiber Tiber island Tibicines Tibur Time, divisions of, in the day Tiro (Cicero's slave) Tirocinium fori Titus, arch of Toga; libera; praetexta; virilis Togatae, fabulae. See Fabulae togatae Tragedy Tributum Triclinia Triumph, a Trofei di Mario Tullia (Cicero's daughter) Tullianum, the Tunica Turia, the story of Tusculum, Cicero's villa at Tutela Tutor Twelve Tables, the

Usus

Valerius Maximus Varro Varro, Terentius (consul) Veii Velabrum, the Velia, the Venationes Venus Victrix, temple of Verres Vesta; temple of Vestal Virgins Veterans, Roman Via Aurelia; Appia; Collatina; Latina; Sacra Victoriae, Ludi. See Ludi Victoriae Vicus Tuscus Vilicus Villa pseudurbana Vinalia, the Vindicta Virgil Voconia, lex

Water-clocks, introduction of



THE END



APPENDIX

Page 1, l. 12. totam aestimare Romam: to appreciate Rome in its entirety.

Page 3, l. 12. Hinc ad Tarpeiam, etc.: he leads him next to the Tarpeian Rock and to the Capitol, now of gold, once thick with wild bushes.

Page 4, l. 24. Hinc septem, etc.: from here you may see the seven hills of the sovereign city, and appreciate Rome as a whole, the Alban and the Tusculan hills, and all the cool suburban retreats.

Page 10, l. 1. rerum, etc. Rome became a supreme thing of beauty.

Page 10, l. 13. nativa praesidia: natural defences.

Page 10, l. 21. regionum, etc. A site in the middle of Italy, singularly fitted by nature for the development of the city.

Page 17, l. 2. nec ferrea, etc.: nor has he seen the hardships of the law, the mad forum, or the archives of the people.

Page 22, l. 2. Ille, ille, etc.: he it was, Jupiter himself, who withstood the attack, he who willed it that the Capitol, that these temples, that the whole city and you all should be safe.

Page 29, footnote 1. in montibus, etc.: built between mountains and valleys, raised and almost suspended on high, through the stones of its buildings, with its back streets.

Page 39, l. 6. ubi semel, etc.: he who has once strayed from the right path will come to calamity.

Page 52, l. 11. lanificium: the working of wool.

Page 55, l. 26. graffiti: ancient scribblings, scratched, painted, or otherwise marked on a wall, column, tablet, or other surface.

Page 61, l. 4. quaestio de repetundis: court for extortion.

Page 64, l. 15. familiarem, etc.: intimate with L. Lucullus, wealthy, of intractable character.

Page 73, l. 14. qui de censoribus, etc.: whosoever shall have secured a contract from the censors shall not be accepted as associate or shareholder.

Page 73, footnote 2. Asiatici, etc.: of the public revenue of Asia, he had a very small share.

Page 91, l. 3. fortissimus, etc.: a most powerful and important farmer of the public revenue.

Page 93, l. 20. insanum forum: the forum in its maddening bustle.

Page 116, l. 12. doctissimus, etc.: the most learned of that time.

Page 121, l. 11. monumentum, etc.: a monument more enduring than bronze.

Page 123, l. 20. vere humanus: truly refined.

Page 127, l. 23. omnia, etc.: he transforms himself into all portentous shapes.

Page 130, l. 20. menager ses transitions: to pass gradually over to the other side.

Page 132, l. 18. de vi: of criminal violence.

Page 133, l. 9. Uni se, etc.: they are addicted to one and the same practice, that they may cautiously cheat and craftily contend, outdo each other in blandishments, feign honesty, set snares as if they were all enemies to each other.

Page 133, l. 28. rari nantes, etc.: few and scattered swimmers in the vast abyss.

Page 142 (bottom). Claudite, etc.: close the doors, maidens, enough have we sung. And you, noble couple, live happily and apply your vigorous youth to the assiduous task of wedlock.

Page 149, footnote 2. Si quid, etc.: if a woman act reprehensibly or disgracefully, he punishes her; if she has drunk wine, if she has done something wrong with a stranger, he condemns her. If you surprise your wife in the act of adultery, you may with impunity kill her without any form of judgment; but if she caught you in adultery, she would not dare touch you, for she has no right.

Page 150, l. 11. liberorum, etc.: in order to have children.

Page 155, l. 22. Odi, etc.: I hate and I love. You ask perhaps how that can be. I do not know, I feel it, and am distressed.

Page 155 (bottom). Elle apportait, etc.: she revealed in her private behavior, in her affections, the same vehemence and the same passion which her brother showed in public life. Ready for all excesses, and not blushing to confess them, loving and hating with fury, incapable of controlling herself, and opposed to all constraint, she did not belie the great and haughty family from which she was sprung.

Page 178,1. 3. rusticorum, etc.:

The farmer-soldier's manly brood Was trained to delve the Sabine sod, And at an austere mother's nod To hew and fetch the fagot wood.

Page 178, l. 20. Maxima, etc.: the greatest concern must be shown for children.

Page 185, l. 8. Avarus, etc.:

The covetous is the cause of his own misery. Bravery is increased by daring and fear by hesitation. You can more easily discover fortune than cling to it. The wrath of the just is to be dreaded. A man dies every time that he is bereft of his kin. Man is loaned, not given to life. The best strife is rivalry in benignity. Nothing is pleasing unless renewed by variety. Bad is the plan which cannot be altered. Less often would you err if you knew how much you don't know. He who shows clemency always comes out victorious. He who respects his oath succeeds in everything. Where old age is at fault youth is badly trained.

Page 187, l. 7. Grais, etc.: the muse gave genius to the Greeks and the pride of language, covetous of nothing but of praise. But the Roman youths by long reckonings learn to split the coin into a hundred parts. Let young Albinus say: "If you take one away from five pence, what results?" "A groat." Good, you'll thrive.

Page 189, l. 1. In grammaticis, etc.: in the study of literature, the perusal of the poets, the knowledge of history, the interpretation of words, the peculiar tone of pronunciation.

Page 191, l. 9. Orator est, etc.: an orator, my son, is an upright man skilled in speaking.

Page 191, l. 11. Rem tene, etc.: master the subject; the words will follow.

Page 196, l. 9. vir bonus, etc.: see page 191, l. 9.

Page 196, l. 13. Non enim, etc.: eloquence and oratorical aptness obtain good results if they be swayed by a right understanding and by the discretion and control of the mind.

Page 210, footnote 1. Mancipiis, etc.: avoid being like the Cappadocian monarch, rich in slaves and penniless in purse.

Page 211, footnote 1. pone aedem, etc.: behind the temple of Castor are those to whom you'd be sorry to lend money.

Page 215, l. 18. An te ibi, etc.: would you stay there among those harlots, prostitutes of bakers, leavings of the breadmakers, smeared with rank cosmetics, nasty devotees of slaves?

Page 216, footnote 2. agrum, etc.: in cultivating the fields or in hunting, servile occupations, etc.

Page 233, l. 5. Nec turpe, etc.: what a master commands cannot be disgraceful.

Page 233, footnote 3. Coli rura, etc.: it is a bad practice to fill the fields with men from the workhouse, or to have anything done by men who are forsaken by hope.

Page 235, footnote 2. Regum, etc.: we have taken the tyrant's temper.

Page 239, l. 10. ante focos, etc.: it was customary once to take places in the long benches before the fireplace, and to trust that the gods were present at our table.

Page 246, l. 5. nunc vero, etc.: but now from morning till evening, on holidays and working days, the whole people, senators and commoners, busy themselves in the forum and retire nowhere, etc. (See page 133, l. 9, and translation of that passage.)

Page 246, footnote 2. Urbem, etc.: remain in the city, Rufus; stay there and live in that light. All foreign travel is humble and lowly for those that can work for the greatness of Rome.

Page 247, footnote 1. Frequens, etc.: constant change of abode is a sign of unstable mind.

Page 248, l. 12. contentio, etc.: not a straining of the mind, but a relaxation.

Page 259, l. 12. locus, etc.: a pleasant site, on the sea itself, and can be seen from Antium and Circeii.

Page 265, footnote 3. Ut illum, etc.: may the gods confound him who first invented the hours, and who first placed a sundial in this city. Pity on me! They have cut up my day in compartments. Once when I was a boy my stomach was my clock, and it was much more fitting and reliable; it never failed to warn me except when there was nothing; now, even when there is something, there is no eating unless it so please the sun. For the whole city is full of sun-dials, and most of the people crawl on in need of food and drink.

Page 269, footnote 1. Romae, etc.: in Rome it was for a long time a joy and a pride to open up the house at early morning and attend to the legal needs of the clients.

Page 275, l. 20. Nesciit vivere: he did not know how to live.

Page 277, l. 10. ad noctem: late into the night.

Page 280, l. 17. Saepe tribus, etc.: often you would see three couches with four guests apiece.

Page 283, l. 21. [Greek: Emetikhaeu], etc.: he was under the emetic cure, and consequently ate and drank freely and with much satisfaction; and everything certainly was good and well served; nay more, I may say that

"Though the cook was good, 'Twas Attic salt that flavored best the food."

Page 283, footnote 1. qua lege, etc.: which law did not determine the expense, but the kind of victuals and the manner of cooking them.

Page 285, l. 11. Agricolo, etc.: the farmer is the first who after a long day of toil in the fields adapted rustic songs to the laws of metre; the first in satisfied leisure to modulate a song on his reed, which he would say before the gods decked with flowers. It was the farmer, O Bacchus, who with his face colored with reddish minium, taught his untrained feet the first movements of the dance.

Page 287, l. 13. Quippe etiam, etc.: for even on holy days, divine and human laws allow us to perform certain works. No religion has forbidden to clear the channels, to raise a fence before the corn, to lay snares for birds, to fire the thorns, and plunge in the wholesome river a flock of bleating sheep.

Page 303, l. 2. lex de ambitu: law concerning the courting of popular favor in canvassing.

Page 307, l. 4. Eandem, etc.: a time will come when you will bewail that valor of yours.

Page 309, l. 7. Spectatum, etc.: they come to see, but they come also to be seen.

Page 313, l. 27. summuts artifex: consummate artist.

Page 314, l. 3. gravis: serious.

Page 314, l. 4. gravitas: seriousness.

Page 315, l. 14. Fescennina, etc.: the rude Fescennine farce grew from rites like these, where rustic taunts were hurled in alternate verse; and the pleasing license, tolerated from year to year, gambolled, etc.

Page 317, l. 18. Nihil mihi, etc.: know well that I lacked nothing except company with whom to laugh in a friendly way and intelligently over these things.

Page 324, l. 28. mos maiorum: the customs of our ancestors.

Page 327, l. 12. Felix, etc.: blessed is he who succeeded in knowing the causes of events.

Page 327, l. 16. Fortunatus, etc.: fortunate he also who knows the rustic gods.

Page 333, l. 6. lectisternia: a feast of the gods during which their images on pillars were placed in the streets.

Page 333, l. 6. supplicationes: religious solemnities for supplication.

Page 333, l. 6. ludi: games.

Page 339, l. 23. numen: godhead, deity.

Page 340, footnote 3. idem etiam, etc.: he says also that Jupiter is the power of this law, eternal and immutable, which is the guide, so to speak, of our life and the principle of our duties; a law which he calls a fatal necessity, an eternal truth of future things.

Page 341, l. 15. qua: as.

Page 341, l. 26. O qui res, etc.: thou who rulest with eternal sway the doings of men and gods.

Page 342, l. 1. Olli, etc.: the sire of men and gods, smiling to her with that aspect wherewith he clears the tempestuous sky, gently kissed his daughter's lips; then thus replies: Cytherea, cease from fear; immovable to thee remain the fates of thy people.

Page 351, l. 13. Iuppiter, etc.: Jove reserved these shores for the just, when he alloyed the golden age with brass; with brass, then with iron he hardened the ages, from which there shall be a happy escape according to my predictions.



FOOTNOTES:

[Footnote 1: Martial iv. 64. 12.]

[Footnote 2: Aen. viii. 90. foll. The Capitoline hill, which Virgil means by "arx" a conspicuous object from the river just below the Aventine, and would have been much more conspicuous in the poet's time. There is a view of it from this point in Burn's Rome and the Campagna, p. 184.]

[Footnote 3: Plutarch, Cato minor 39. Cato was expected to land at the commercial docks below the Aventine (see below), where the senate and magistrates were awaiting him, but with his usual rudeness rowed past them to the navalia.]

[Footnote 4: Aen. viii. 363. Possibly Virgil meant to put this dwelling on the site of the future Regia, just below the Palatine and between it and the Forum. See Servius ad loc.]

[Footnote 5: The modern visitor would cross by the Ponte Rotto, which is in the same position as the ancient bridge, just below the Tiber island.]

[Footnote 6: Livy v. 54.]

[Footnote 7: The Fratres Arvales.]

[Footnote 8: For navigation of the river above Rome see Strabo p. 235.]

[Footnote 9: Horace Od. i. 2. After a bad flood in A.D. 15 proposals were made for diverting a part of the water coming down the Tiber into the Arnus, but this met with fatal opposition from the superstition of the country people (Tacitus, Ann. i. 79). Nissen, Italische Landeskunde, i. p. 324, has collected the records of these floods.]

[Footnote 10: See Nissen, i. p. 407. But it seems likely that the Tiber valley was less malarious then than now (see Nissen's chapter on malaria in Italy, p. 410 foll.). In an interesting paper on Malaria and History, by Mr. W.H.S. Jones (Liverpool University Press), which reached me after this chapter was written, the author is inclined to attribute the ethical and physical degeneracy of the Romans of the Empire partly to this cause.]

[Footnote 11: Livy v. 54.]

[Footnote 12: Horace, Epode 16.]

[Footnote 13: Reden und Aufsaetze, p. 173 foll.]

[Footnote 14: Ib. p. 175.]

[Footnote 15: De Rep. ii. 5 and 6.]

[Footnote 16: Beloch, Die Bewoelkerung der griechisch-roemischen Welt, cap. 9, approaching the problem by three several methods, puts it in the first century A.D. at 800,000, including slaves. In Cicero's time it was, no doubt, considerably less; but we know that in his last years 320,000 free persons were receiving doles of corn, apart from slaves and the well-to-do.]

[Footnote 17: Huelsen-Jordan, Roem. Topographie, vol. i. part iii. pp. 627, 638.]

[Footnote 18: Ib. 643; Cic. ad Att. xv. 15. Here, after the death of his daughter Tullia, Cicero wished to buy land on which to erect a fanum to her (Cic. ad Att. xii. 19). Here also were the horti Caesaris.]

[Footnote 19: Livy xxxv. 40.]

[Footnote 20: Huelsen-Jordan, op. cit. p. 143 note.]

[Footnote 21: See below, p. 302. Dionysius of Halicarnassus (iii. 68) gives an elaborate account of it in the time of Augustus, when it had been altered and ornamented.—Huelsen-Jordan, p. 120 foll.]

[Footnote 22: Fowler, Roman Festivals, p. 199; Wissowa in Pauly-Wissowa, Real-Encyklopaedie, s.v. Diana.]

[Footnote 23: The two roads converged just before arriving at the city. The reader may be reminded that it was by the via Appia that St. Paul entered Rome (Acts xxviii.). Another useful passage for this gate is Juvenal in. 10 foll.]

[Footnote 24: It might be useful here to follow the course of the pomerium, which also went round the Palatine, as described in Tacitus, Annals xii. 24.]

[Footnote 25: Cic. de Officiis iii. 16. 66, and the story there related.]

[Footnote 26: Strictly speaking, the Oppius Mons, or southern part of the Esquiline.]

[Footnote 27: See Lanciani's admirable chapter, "A Walk through the Sacra Via," in his Ruins and Excavations of Ancient Rome, p. 190 foll.]

[Footnote 28: Georg. ii. 502. Virgil, for all his admiration of Rome, did not love its crowds.]

[Footnote 29: Cic. pro Plancio, ch. 7. Cp. Horace, Sat. i. 9; Lucilius, Frag. 9 (ed. Baehrens), which last will be quoted in another context.]

[Footnote 30: On the vexed question of the position of the Subura and its history see Wissowa, Gesammelte Abhandlungen, p. 230 foll.]

[Footnote 31: For excavations here see Lanciani, op. cit. p. 221 foll.]

[Footnote 32: Cic. Cat. iii. 9. 21 foll.]

[Footnote 33: Formerly we may assume that it faced south or south-east, like the temple.]

[Footnote 34: It was completed by Caesar in 46 B.C.]

[Footnote 35: Beloch, Bewoelkerung p. 382.]

[Footnote 36: C.I.L. i. 206, and Dessau, Inscr. Lat. Selectae, ii. 1. p. 493.]

[Footnote 37: Cic. ad Q. Fratr. iii.I. 14 Suet. de Grammaticis, 15; Corn. Nepos, Atticus, 13.]

[Footnote 38: Huelsen-Jordan, Roem. Topographie, vol. i. part iii. p. 323.]

[Footnote 39: This is the number receiving corn gratis when Julius Caesar reformed the corn-distribution.—Suetonius, Iul. 41.]

[Footnote 40: See Zeller, Stoics, etc., Eng. trans. p. 255 foll.]

[Footnote 41: cic. de Legibus, i. 15. 43. It was not as yet possible to be "poor, making many rich"; to have nothing and yet to possess all things.]

[Footnote 42: See the definition of insula in Festus. n. Ill. and for insula generally Middleton's article "Domus" in the Dict, of Antiquities, ed. 2. De Marchi (La Religione nella vita domestica, i. p. 80) compares the big lodging-houses of the poor at Naples.]

[Footnote 43: Cicero (Leg. Agr. ii. 35. 96) describes Rome as being (in comparison with Capua) "in montibus positam et convallibus, coenaculis (i.e. upper rooms) sublatum atque suspensam, non optimis viis," etc. Vitruv. ii. 17 is the locus classicus.]

[Footnote 44: Cic. pro Caelio 17.]

[Footnote 45: In C.I.L. vi. 65-67 we find a Bona Dea erected "in tutelam insulae," i.e. a common cult for all the lodgers. De Marchi l.c. compares the common shrine of the Neapolitan lodging-house. Tutela is mentioned as a protecting deity both of insulae and domus by St. Jerome, Com. in Isaiam, 672.]

[Footnote 46: Cic. de Domo 109.]

[Footnote 47: Cic. ad Att. xv. 17; cp. xiv. 9.]

[Footnote 48: Plut. Crassus 2: perhaps from Fenestella.]

[Footnote 49: "Dormientem in taberna," Asconius, ed. Clark, p. 37. Cp. Tacitus, Hist i. 86, for persons sleeping in tabernae.]

[Footnote 50: Tucker, Life in Ancient Athens, p. 10.]

[Footnote 51: The Moretum may be a translation from a Greek poet, perhaps Parthenius, but it is certainly as well adapted to the experience of Italians.]

[Footnote 52: e.g. Caesar, Bell. Civ. iii. 47. Cp. Tacitus, Ann. xiv. 24.]

[Footnote 53: On this point see Salvioli, Le Capitalisme dans le monde antique, ch. vi. is a book with many shortcomings, but written by an Italian who knows his own country.]

[Footnote 54: See the author's Roman Festivals, p. 76 (Cerealia).]

[Footnote 55: Marquardt, Staatsverwaltung, ii. pp. 107, 110 foll. A modius, which = nearly a peck, contained about 20 lb. of wheat (Pliny, N.H. xviii. 66). Four and a half modii x 20=90 lb.]

[Footnote 56: Hirschfeld, Verwaltungsbeamten, ed. 2, p. 231; Strabo, p. 652 (Rhodes).]

[Footnote 57: Caesar, B.C. iii. 42. 3.]

[Footnote 58: Marquardt, op. cit. p. 110.]

[Footnote 59: For Gracchus' motives see a paper by the present writer in the English Historical Review for 1905, p. 221 foll.]

[Footnote 60: Cic. Tusc. Disp. iii. 20. 48.]

[Footnote 61: Lex Julia municipalis, 1-20, compared with Suetonius, Jul. 41.]

[Footnote 62: A good example will be found in Cic. ad Att. iv. 1. 6 foll.; the first letter written by Cicero after his return from exile.]

[Footnote 63: See my Roman Festivals, pp. 85 and 204.]

[Footnote 64: Pliny, Nat. Hist. xviii. 17.]

[Footnote 65: Suet. Aug. 42.]

[Footnote 66: Frontinus i. 4. The date of his work is towards the end of the first century A.D.]

[Footnote 67: See Lanciani, Ruins and Excavations, p. 48; Mommsen, Hist. vol. i. Appendix.]

[Footnote 68: Frontinus i. 7, whose account is confirmed by the recently discovered Epitomes of Livy's lost books.—Grenfell and Hunt, Oxyrhynchus Papyri, iv. 113.]

[Footnote 69: See the useful table in Lanciani, op. cit. 58.]

[Footnote 70: This dates from the reign of Domitian. The nature of the public fountain may be realised at Pompeii. See Mau, Pompeii, its Life and Art, p. 224 foll.]

[Footnote 71: Cic. de Officiis, i. 42. 150.]

[Footnote 72: Livy xxii. 25 ad fin.]

[Footnote 73: It is very conspicuous, e.g., in the novels of Jane Austen.]

[Footnote 74: G. Unwin, Industrial Organisation, etc., p. 2.]

[Footnote 75: Plutarch, Numa, 17; Ovid, Fasti, iii. 310 foll.]

[Footnote 76: J.B. Carter, The Religion of Numa, p. 48.]

[Footnote 77: Marq. iii. p. 138. See also Kornemann's article "Collegium" in Pauly-Wissowa, Real-Encykl., and Waltzing, Corporations professionelles chez les Romains, i. p. 78 foll.]

[Footnote 78: Le Capitalisme, etc., p. 144 foll.]

[Footnote 79: Cairnes, Slave Power, pp. 78, 143 foll. See below, p. 235.]

[Footnote 80: Pliny, Nat. Hist. xviii. 107.]

[Footnote 81: C.I.L. i. 1013. The date is possibly pre-Augustan.]

[Footnote 82: Mau's Pompeii, p. 380.]

[Footnote 83: See my Roman Festivals, p. 148. For the mills of various kinds see also Marquardt, Privatleben, p. 405.]

[Footnote 84: Privatleben, p. 409.]

[Footnote 85: Pseudolus, 810 foll.]

[Footnote 86: Cp. the uncta popina of Horace, Epist. i. 14. 21 foll. Scene in a wineshop at Pompeii, Mau, p. 395.]

[Footnote 87: See, e.g., the Laudatio Turiae, C.I.L. vi. i. 1527, line 30.]

[Footnote 88: Only very rich families employed their own fullers.—Marq. Privatleben, p. 512.]

[Footnote 89: Menaechmi, 404: this may, however, be only a translation from the Greek.]

[Footnote 90: C.I.L. i. p. 389.]

[Footnote 91: Marquardt, Privatleben, p. 693 and reff.]

[Footnote 92: Cato, de re rustica, 135; a very interesting chapter, which shows that of the farmer's "plant," clothing, rugs, carts as well as dolia, were best purchased at Rome.]

[Footnote 93: Marq. Privatleben, p. 645.]

[Footnote 94: Strabo, p. 231.]

[Footnote 95: Lex Julia Municipalis, line 56 foll.]

[Footnote 96: Mau, Pompeii, p. 377.]

[Footnote 97: See Greenidge, Roman Public Life, p. 225.]

[Footnote 98: Lex Claudia; Livy xxi. 63.]

[Footnote 99: Plut. Crassus, 2; Pliny, N.H. xxxiii. 134: equivalent to about L160,000.]

[Footnote 100: Cic. ad Att. ii. 1. 2.]

[Footnote 101: Ib. iv. 4.]

[Footnote 102: Corn. Nepos, Atticus, 5.]

[Footnote 103: Livy ixiii. 49.]

[Footnote 104: Pliny, N.H. xxxiii. 148; Livy xxxvii. 59.]

[Footnote 105: Polyb. xxxiv. 9, quoted by Strabo, p. 148. Cp. Livy xlv. 18 for valuable mines in Macedonia.]

[Footnote 106: Polyb. xviii. 35, For the unwillingness to serve, Livy, Epit. 48 and 55.]

[Footnote 107: Cunningham, Western Civilisation (Modern), p. 162 foll.]

[Footnote 108: Duruy, Hist. de Rome, vol. ii. p. 12.]

[Footnote 109: Cic. de Provinciis consularibus, v. 12.]

[Footnote 110: Cic. pro Quinctio 3. 12; a good case of partnership in a res pecuaria et rustica in Gaul.]

[Footnote 111: Examples in Livy xxiii. 49; xxxii. 7 (portoria); xxxviii. 35 (corn-supply); xliv. 16 (army); xlii. 9 (revenue of ager Campanus).]

[Footnote 112: Festus, ed. Mueller, p. 151.]

[Footnote 113: e.g. Livy xxii. 60 praedibus et praediis cavere populo.]

[Footnote 114: Cicero, in his defence of Rabirius Postumus, 2.4, says that Rabirius' father magnas partes habuit publicorum. One Aufidius (Val. Max. vi. 9. 7) "Asiatici publici exiguam admodum particulam habuit." Cp. Cic in Vat. 12. 29]

[Footnote 115: This is the view of Deloume, Les Manieurs d'argent a Rome, p. 119 foll.]

[Footnote 116: Marq. Staatsverwaltung, ii. p.291]

[Footnote 117: Deloume, Manieurs d'argent, p. 317 foll.]

[Footnote 118: pro lege Manilia, 7. 18.]

[Footnote 119: Ib. 7. 19.]

[Footnote 120: ad Att. i. 17. 9. Crassus, no doubt a large shareholder, urged them on.]

[Footnote 121: In a letter to his brother, then governor of this province, Cicero contemplates the possibility of contracts being taken at a loss (ad Q.F. i. 1. 33), "publicis male redemptis." And in a letter of introduction in 46, he alludes to heavy losses suffered in this way, ad Fam. xiii. 10.]

[Footnote 122: ad Att. v. 16. 2.]

[Footnote 123: Ib. vi. 1. 16.]

[Footnote 124: ad Familiares, xiii. 65.]

[Footnote 125: Ib. xiii. 9. I have not adhered quite closely to his translation.]

[Footnote 126: "Qui est in operis ejus societatis," i.e. engaged as a subordinate agent.—Marquardt, Staatsverwaltung, ii. p. 291.]

[Footnote 127: Marq. ii. p. 35 foll.]

[Footnote 128: See his article in Dict. of Antiq. ed. 2, s.v. argentarii.]

[Footnote 129: Augustus' grandfather was an argentarius (Suet. Aug. 2), yet his son could marry a Julia, and be elected to the consulship, which, however, he was prevented by death from filling.]

[Footnote 130: The word for this cheque is perscriptio. Cp. Cic. ad Att. ix. 12. 3 viri boni usuras perscribunt, i.e. draw the interest on their deposits.]

[Footnote 131: Cic. ad Att. xii. 24 and 27.]

[Footnote 132: Cic. ad Fam. xvi. 4 and 9]

[Footnote 133: Cic. ad Att. xiii. contains many letters of interest in this connexion.]

[Footnote 134: Cic. ad Att. xiii. 2. 3. Cp. xii. 25. In xii. 12 Cicero's divorced wife Terentia wishes to pay a debt by transferring to her creditor a debt of Cicero's to herself. Another way in which actual payment could be avoided was by paying interest on purchase-money instead of the lump sum. Cp. xii. 22.]

[Footnote 135: A good example of this in Velleius ii. 10 (house-rent).]

[Footnote 136: Cic. de Officiis, ii. 24, 84.]

[Footnote 137: Caesar, de Bell. Civ. iii. 1 and 20 foll.]

[Footnote 138: Deloume in his Manieurs d'argent has a chapter on this (p. 58 foll.), but his details are not wholly to be relied on. Boissier's sketch in Ciceron et ses amis, 83 foll., is quite accurate.]

[Footnote 139: ad Fam. v. 20 fin.]

[Footnote 140: Ib. v. 9.]

[Footnote 141: Deloume's attempt to prove that Cicero speculated with enormous profits seems to me to miss the mark.]

[Footnote 142: ad Q. Fratr. ii. 4. 3. Cp. ad Att. iv. 2.]

[Footnote 143: ad Q. Fratr. ii. 14. 3.]

[Footnote 144: ad Att. xii. 22. I may add in a footnote a final startling example of recklessness we have been noting. Decimus Brutus had, in March 44 B.C., a capital of L320,000, yet next year he writes to Cicero that so far from any part of his private property being unencumbered, he had encumbered all his friends with debt also (ad Fam. xi. 10. 5). But this was in order to maintain troops.]

[Footnote 145: ad Att. xiii. 42. Cp. xvi. 5.]

[Footnote 146: What the king really wanted the money for, was to bribe the senate to restore him.—Cic. ad Fam. i. 1.]

[Footnote 147: Cic. pro Bab. Post. 8. 22.]

[Footnote 148: Varro, R.R. i. 2. Ferrero (Greatness and Decline of Rome) has the merit of having discerned the signs of the regeneration of Italian agriculture at this time, but he is apt to push his conclusions further than the evidence warrants. See the translation of his work by A.E. Zimmern, i. p. 124; ii. p. 131 foll. The statement of Pliny quoted by him (xv. 1. 3) that oil was first exported from Italy in the year 52 B.C., is, however, of the utmost importance.]

[Footnote 149: The Republic was not to last long; but among the consuls of the last years of its existence were several members of the old families.]

[Footnote 150: ad Fam. xv. 12. This rather stilted letter is nearly identical with one to the other consul-designate, another aristocrat, Claudius Marcellus. Cicero is in each case trying to do his own business, while writing to a man of higher social rank than his own.]

[Footnote 151: The letters of the years 58 to 54 are full of bitter allusions to the invidia of these men, which culminate in the long and windy one to Lentulus Spinther of October 54, where he actually accuses them of taking up Clodius in order to spite him. In a confidential note to Atticus in the spring of 56, he told him that they hated him for buying the Tusculan villa of the great noble Catulus.—ad Fam. i. 9; ad Att. iv. 5.]

[Footnote 152: Plutarch, Cato major 2 and 12.]

[Footnote 153: Corn. Nepos, Cato 1. 4, who remarks that Cato's return from his quaestorship in Sardinia with Ennius in his train was as good as a splendid triumph.]

[Footnote 154: Plut. Aem. Paul. 6 ad fin.]

[Footnote 155: Polybius, xxxii. 9-16.]

[Footnote 156: The difference between him and his father, especially in politics, is sketched in Plutarch's Life of the latter, ch. xxxviii.]

[Footnote 157: Leo, in Die griechische und lateinische Literatur, p. 337.]

[Footnote 158: The best specimens, or rather the worst, are to be found in the speeches in Pisonem, in Vatinium, and in the Second Philippic.]

[Footnote 159: The most instructive passage on vituperatio is Cicero's defence of Caelius, ch. 3. Cp. Quintilian iii. 7. 1 and 19. On the custom at triumphs, etc., see Munro's Elucidations of Catullus, p. 75 foll. for most valuable remarks.]

[Footnote 160: We have courteous letters from Cicero both to Piso and Vatinius, only a few years after he had depicted them in public as monsters of iniquity.]

[Footnote 161: Plut. C. Gracchus, ch. 6 ad fin. Cp. Livy vii. 33.]

[Footnote 162: These characteristic figures may be most conveniently seen in Strong's interesting volume on Roman sculpture, p. 42 foll.]

[Footnote 163: Plut. Cato, ch. 1. ad fin. Blanditia was the word for civility in a candidate: "opus est magnopere blanditia," says Quintus Cicero, de pet cons.Sec. 41.]

[Footnote 164: There is a pleasanter picture of Cato, sitting in Lucullus' library and in his right mind, in Cic. de Finibus iii. 2. 7.]

[Footnote 165: See Leo, in work already cited, p. 338 foll.]

[Footnote 166: For this remarkable writer, of whose work only a few fragments survive, see Leo, op. cit. p. 340, and Schanz, Gesch. der roem. Literatur, i. p. 278 foll.]

[Footnote 167: Cicero, Brutus, 75, 262.]

[Footnote 168: The other Caesarian writers followed him more or less successfully; Hirtius, who wrote the eighth book of the Gallic War, and the authors of the Alexandrian, African, and Spanish Wars (the first possibly by Asinius Pollio).]

[Footnote 169: Leo, op. cit. p. 355.]

[Footnote 170: See below, ch. vi.]

[Footnote 171: The passage just cited from the de Finibus (iii. 27) introduces us to the library of Lucullus at Tusculum, whither Cicero had gone to consult books, and where he found Cato sitting surrounded by volumes of Stoic treatises.]

[Footnote 172: The fragments of Panaetius are collected by H.N. Fowler, Bonn, 1885. The best account of his teaching known to me is in Schmekel, Philosophie der Mittleren Stoa, p. 18 foll. But all can read the two first books of the de Officiis.]

[Footnote 173: Leo, op. cit. p. 360. Schmekel deals comprehensively with Posidonius' philosophy, as reflected in Varro and Cicero, p. 85 foll.]

[Footnote 174: See Professor Reid's introduction to Cicero's Academica, p. 17. Cicero considered Posidonius the greatest of the Stoics.—Ib. p. 5.]

[Footnote 175: Cic. de Legibus i. affords many examples of this view, which was apparently that of Posidonius, e.g. 6. 18 and 8. 25. Cp. de Republica, iii. 22. 33.]

[Footnote 176: Gaius i. i; Cic. de Officiis iii. 5. 23; Mommsen, Staatsrecht, iii. p. 604, based on the research of H. Nettleship in Journal of Philology, vol. xiii. p. 175. See also Sohm, Institutes of Roman Law, ch. ii.]

[Footnote 177: Brutus 41. 151, where he plainly ranks him above Scaevola. The passage is a most interesting one, deserving careful attention.]

[Footnote 178: The Ninth Philippic: the passage referred to in the text is 5. 10 foll.]

[Footnote 179: I omit pro Murena, chs. vii. and xxi., for want of space. Sulpicius was opposing Cicero in this case, and the latter's allusions to him are useful specimens of the good breeding spoken of above.]

[Footnote 180: See Dio Cassius xl. 59; and Cic. ad Fam. iv. 1 and 3, to Sulpicius, with allusions to his consulship.]

[Footnote 181: Tusc. Disp. iv. 3. 6.]

[Footnote 182: The speech in Pisonem; cp. the de Provinciis consularibus, 1-6. This Piso was the father of Caesar's wife Calpurnia, who survives in Shakespeare.]

[Footnote 183: The difficult passage in which Cicero describes the perversion of this character under the influence of Philodemus, has been skilfully translated by Dr. Mahaffy in his Greek World under Roman Sway, p. 126 foll.; and the reader may do well to refer to his whole treatment of the practical result of Epicureanism.]

[Footnote 184: This chapter is also useful as illustrating the urbanity of manners, for Lucullus and Pompeius were political enemies.]

[Footnote 185: ad Fam. viii. 5 fin.; viii. 9. 2.]

[Footnote 186: See the introduction of Asconius to Cicero pro Cornelio, ed. Clark, p. 58.]

[Footnote 187: ad Att. v. 21. 11, 13.]

[Footnote 188: ad Q. frat. ii. 1. 1; ii. 10. 1.]

[Footnote 189: The letters written immediately after Cicero's return from exile are the best examples of this paralysis of business, e.g. ad Fam. i. 4; ad Q. F. ii. 3. See a useful paper by P. Groebe in Klio, vol. v. p. 229.]

[Footnote 190: This appears from a letter of Oaelius to Cicero in 51.—ad Fam. viii. 8. 8.]

[Footnote 191: Asconius in Cornelianum, ed. Clark, p. 59. "Ut praetores ex edictis suis perpetuis ius dicerent."]

[Footnote 192: All his letters are in the eighth book of those ad Familiares.]

[Footnote 193: Tacitus, Annals xiii. 2: "voluptatibus concessis."]

[Footnote 194: Quintil. iv. 2. 123.]

[Footnote 195: Brutus 79. 273.]

[Footnote 196: e.g. ad Fam. ii. 13. 3.]

[Footnote 197: Exactly the same combination of real interest in, and frivolous treatment of, politics is to be found in the early letters of Horace Walpole to Sir H. Mann, especially those of the year 1742.]

[Footnote 198: ad Fam. viii. 14. 3.]

[Footnote 199: Caesar, Bell. Civ. iii. 20 foll.]

[Footnote 200: See above, p. 86; cp. p. 58.]

[Footnote 201: So for example Servaeus is disqualified, ad Fam. viii. 4. I.]

[Footnote 202: Ib. viii. 8. 2]

[Footnote 203: Ib. 8. 12]

[Footnote 204: Lucilius, Fragm. 9, ed. Baehrens.]

[Footnote 205: This probably means that the deity was believed to reside in the cake, and that the communicants not only entered into communion with each other in eating of it, but also with him. It is in fact exactly analogous to the sacramental ceremony of the Latin festival, in which each city partook of the sacred victim, in that case a white heifer. See Fowler, Roman Festivals, p. 96 and reff.]

[Footnote 206: This interesting custom is recorded by Servius (ad Aen. iv. 374). For the whole ceremony of confarreatio see De Marchi, La Religione nella vita domestica, p. 155 foll.; Marquardt, Privatleben, p. 32 foll. Cp. also Gaius i. 112.]

[Footnote 207: Gaius l.c.]

[Footnote 208: Cic. de Off. i. 17. 54.]

[Footnote 209: i.e. ius commercii and ius connubii: the former enabling a man to claim the protection of the courts in all cases relating to property, the latter to claim the same protection in cases of disputed inheritance.]

[Footnote 210: i.e. ius provocationis, ius suffragii, ius honorum.]

[Footnote 211: This is how I understand Cuq, Institutions juridiques des Romains, p. 223. In the well known Laudatio Turiae we have a curious case of a re-marriage by coemptio with manus, for a particular purpose, connected of course with money matters. See Mommsen's Commentary, reprinted in his Gesammelte Schriften, vol. i.]

[Footnote 212: Westermarck, History of Human Marriage, ch. x.]

[Footnote 213: See, however, the curious passage quoted by Gellius (iv. 4. 2) from Serv. Sulpicius, the great jurist (above, p. 118 foll.), on sponsalia in Latium down to 89 B.C.]

[Footnote 214: For the other details of the dress, see Marq. Privatleben, p. 43.]

[Footnote 215: Cic. de Div. i. 16. 28.]

[Footnote 216: These lines suggested to Virgil the famous four at the end of the fourth Eclogue. See Virgil's "Messianic Eclogue," p. 72.]

[Footnote 217: She was addressed as domina, by all members of the family. See Marquardt, Privatleben, p. 57 note 3. It should be noted that she had brought a contribution to the family resources in the form of a dowry (dos) given her by her father to maintain her position.]

[Footnote 218: These details are drawn chiefly from the sixth book of Valerius Maximus, de Pudicitia.]

[Footnote 219: This is proved by an allusion to Cato's speech in support of the law, in Gellius, Noct. Att. vi. 13.]

[Footnote 220: Livy xxxiv. 1 foll., where the speech of Cato is reproduced in Livy's language and with "modern" rhetoric.]

[Footnote 221: De Marchi, op. cit. p. 163; Marq. Privatleben, p. 87 foll. Confarreatio was only dissoluble by diffarreatio, but this was perhaps used only for penal purposes. Other forms of marriage did not present the same difficulty, not being of a sacramental character.]

[Footnote 222: Plutarch, Aem. Paull. 5.]

[Footnote 223: Livy xl. 37.]

[Footnote 224: Livy, Epit. 48.]

[Footnote 225: Livy xxxix. 8-18.]

[Footnote 226: Plutarch, Cato the Elder 8.]

[Footnote 227: Gellius (x. 23) quotes a fragment of Cato's speech de Dotibus, in which the following sentences occur: "Si quid perverse taetreque factum est a muliere, multitatur: si vinum bibit, si cum alieno viro probri quid fecerit, condempnatur. In adulterio uxorem tuam si prehendisses sine indicio impune necares: illa te, si adulterares sive tu adulterarere, digito non auderet contingere, neque ius est." Under such circumstances a bold woman might take her revenge illegally.]

[Footnote 228: Gellius i. 6; cp. Livy, Epit. 59.]

[Footnote 229: e.g. ad Fam. xiv. 2.]

[Footnote 230: The story of the relations of Cicero, Terentia, Clodius, and Clodia, in Pint. Cic. 29 is too full of inaccuracies to be depended on. In the 41st chapter what he says of the divorce and its causes must be received with caution; it seems to come from some record left by Tiro, Cicero's freedman and devoted friend, and as Cicero obviously loved this man much more than his wife, we can understand why the two should dislike each other.]

[Footnote 231: Plutarch, Ti. Gracch. 1; Gaius Gracch. 19. The letters of Cornelia which are extant are quite possibly genuine.]

[Footnote 232: The recent edition of the Ars amatoria by Paul Brandt has an introduction in which these points are well expressed.]

[Footnote 233: Catullus 72. 75.]

[Footnote 234: Ciceron et ses amis, p. 175.]

[Footnote 235: Decimus Brutus, one of the tyrannicides of March 15, 44.]

[Footnote 236: Sall. Cat. 25.]

[Footnote 237: Plut. Lucullus 6.]

[Footnote 238: Cic. ad Fam. viii. 7: a letter of Caelius, in which he tells of a lady who divorced her husband without pretext on the very day he returned from his province.]

[Footnote 239: Plut. Cato min. 25 and 52. Plutarch seems to be using here the Anti-Cato of Caesar, but the facts must have been well known.]

[Footnote 240: e.g. ad Att. xv. 29.]

[Footnote 241: ad Fam. ix. 26.]

[Footnote 242: The so-called Laudatio Turiae is well known to all students of Roman law, as raising a complicated question of Roman legal inheritance; but it may also be reckoned as a real fragment of Roman literature, valuable, too, for some points in the history of the time it covers. It was first made accessible and intelligible by Mommsen in 1863, and the paper he then wrote about it has lately been reprinted in his Gesammelte Schriften, vol. i., together with a new fragment discovered on the same site as the others in 1898. This fragment, and a discussion of its relation to the whole, will he found in the Classical Review for June 1905, p. 261; the laudatio without the new fragment in C.I.L. vi. 1527.]

[Footnote 243: App. B.C. iv. 44. The identification has been impugned of late, but, as I think, without due reason. See my article in Classical Rev., 1905, p. 265.]

[Footnote 244: This is how I interpret the new fragment. See Classical Rev. l.c. p. 263 foll.]

[Footnote 245: For the legal question see Mommsen, Gesammelte Schriften, i. p. 407 foll.]

[Footnote 246: The account that follows is put together from Appian iv. 44, Valerius Maximus vi. 7. 2, and the Laudatio. Appian preserved some fifty stories of escapes at this time, and the only one that fits with the Laudatio is that of Lucretius.]

[Footnote 247: Newman, Politics of Aristotle, i. p. 372.]

[Footnote 248: A list of the best authorities will be found at the beginning of Professor Wilkins' book. Of these by far the most useful for a student is the section in Marquardt's Privatleben, p. 79 foll. The two volumes of Cramer (Geschichte der Erziehung, etc.), which cover all antiquity, are, as he says, most valuable for their breadth of view. See also H. Nettleship, Lectures and Essays, ch. iii. foll.]

[Footnote 249: Plut. Cato the Elder, ch. xx.]

[Footnote 250: Plut. Aem. Paul. ch. vi.]

[Footnote 251: Plut. Cato minor 1 ad fin. What is told in the earlier part of this chapter may perhaps be invention, based on the character of the grown man; but this information at the end may be derived from a contemporary source.]

[Footnote 252: Val. Max. iii. 1. 2.]

[Footnote 253: There is a single story of Cicero's boyhood in Plutarch's Life of him, ch. ii., that parents used to visit his school because of his fame as a scholar, etc., but to this I do not attach much importance.]

[Footnote 254: So in ad Q.F. iii. 1. 7: de Cicerone tuo quod me semper rogas, etc.]

[Footnote 255: Ib.]

[Footnote 256: Ib. iii. 3. 4.]

[Footnote 257: Ib. iii. 9.]

[Footnote 258: See the few fragments in the Appendix to Riese's edition of the remains of Varro's Menippean Satires, p. 248 foll.]

[Footnote 259: De Rep. iv. 3. 3.]

[Footnote 260: Plut. Cato 20.]

[Footnote 261: There is probably an allusion to the Stoic view, that reason is not attained till the fourteenth year, in Virgil's line in Ecl. 4. 27.]

[Footnote 262: in Nonius, p. 108, s.v. ephippium. Cp. the account of the education of Cato's young son, Plut. Cato, 20. Cp. also Virg. Aen. ix. 602 foll.]

[Footnote 263: in Nonius, p. 156, s.v. puerae.]

[Footnote 264: p. 281, ed. Mueller.]

[Footnote 265: Her. Odes iii. 6.]

[Footnote 266: Dionys. Hal. ii. 26.]

[Footnote 267: Cic. pro Cluentio 60. 165; Marq. Privatleben, p. 87.]

[Footnote 268: See a paper by the author in Classical Rev. vol. x. p. 317, in which evidence is collected in support of this view. That the praetexta had a quasi-sacred character seems certain; see e.g. Hor. Epod. 5. 7; Persius, v. 30; pseudo-Quintilian, Declam. 340. See Henzen, Acta Fratrum Arvalium 15, for the pueri patrimi et matrimi, representing in that ancient cult the children of the old Roman family.]

[Footnote 269: Cic. de Legibus, ii. 59.]

[Footnote 270: Polyb. vi. 53. For an account of the practice of laudatio see Marq. Privatleben, p. 346 foll. This, too, degenerated into falsification.]

[Footnote 271: A full list of games will be found in Marquardt, Privatleben, p. 814 foll.]

[Footnote 272: The question is discussed by Quintilian, i. 2.]

[Footnote 273: Plut. Aem. Fault. 6.]

[Footnote 274: Full details about elementary schools in Wilkins, ch. iv., and Marq p. 90 foll.]

[Footnote 275: Quintil. i. 3. 14.]

[Footnote 276: Plutarch is careful to tell us that Aem. Paullus exercised this supervision himself (ch. vi.).]

[Footnote 277: Pro Flacco 4, 9. Cp. ad Quint. Fratr. i. 2. 4.]

[Footnote 278: That the boy was not always respectful is shown in an amusing passage in Plautus. Bacchides, III. iii. 34 foll.]

[Footnote 279: Sen. Controversiae, vii. 3. 8.]

[Footnote 280: London, O.J. Clay and Sons, 1895.]

[Footnote 281: Fortuna occurs many times, as in the so-called sententiae Varronis printed at the end of Riese's edition of the fragments of Varro's Menippean satires. This is characteristic of the period.]

[Footnote 282: Hor. Epist. i. I. 70.]

[Footnote 283: Marq. Privatleben, p. 95 foll.; Wilkins, p. 53.]

[Footnote 284: There is a good example of this in the well-known case of Brutus' loan to the Salaminians of Cyprus: see especially Cic. ad Alt. v. 21. 12.]

[Footnote 285: Hor. Ars Poet. 323 foll.]

[Footnote 286: Mommsen, Hist. of Rome, iv. p. 563.]

[Footnote 287: Quintilian was of opinion that Greek authors should precede Latin: i. I. 12.]

[Footnote 288: De Oratore, i. 187.]

[Footnote 289: There are many subjects in the book of other kinds, but all are illustrated in exactly the same way.]

[Footnote 290: H. Jordan, M. Catonis praeter librum de re rustica quae extant, p. 80.]

[Footnote 291: Full information on this point will be found in Marquardt, Privatleben, p. 131 foll.]

[Footnote 292: See my Roman Festivals, p. 56. The Liberalia (March 17) was the usual day for the change, and a convenient one for the enrolment of tirones.]

[Footnote 293: See the very interesting note (11) in Marq. p. 123, as to the enrolment in municipal towns.]

[Footnote 294: Pro Caelio, 4. 9.]

[Footnote 295: Livy xlv. 37. 3.]

[Footnote 296: Pro Caelio, 30. 72.]

[Footnote 297: Pro Caelio, 31. 74.]

[Footnote 298: Roman Education, ch. v.]

[Footnote 299: Rhetorica ad Herenniwm, init. The date of this work was about 82 B.C. See a paper by the author in Journal of Philology, x. 197.]

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