When a war of annihilation is surely though in point of time indefinitely impending over a weaker state, the wiser, more resolute and more devoted men who would immediately prepare it for the unavoidable struggle and thus cover their defensive policy with a strategy of offense always find themselves hampered by the indolent, cowardly mass of the money worshippers, of the aged and feeble, and the thoughtless who are minded merely to gain time to live and die in peace and to postpone and any price the final struggle.
German classical scholar and historian (1817–1903)
Christian Matthias Theodor Mommsen (30 November 1817 – 1 November 1903) was a German classical scholar, jurist and historian, generally regarded as the greatest classicist of the 19th century. He received the Nobel Prize in Literature in 1902, and was also a prominent German politician, as a member of the Prussian and German parliaments.
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The strict conception of the unity and omnipotence of the state in all matters pertaining to it, which was the central principle of the Italian constitutions, placed in the hands of the single president nominated for life a formidable power, which was felt doubtless by the enemies of the land, but was not less heavily felt by its citizens. Abuse and oppression could not fail to ensue, and, as a necessary consequence, efforts were made to lessen that power. It was, however, the grand distinction of the endeavours after reform and the revolutions in Rome, that there was no attempt either to impose limitations on the community as such or even to deprive it of corresponding organs of expression—that there never was any endeavour to assert the so-called natural rights of the individual in contradistinction to the community—that, on the contrary, the attack was wholly directed against the form in which the community was represented. From the times of the Tarquins down to those of the Gracchi the cry of the party of progress in Rome was not for limitation of the power of the state, but for limitation of the power of the magistrates: nor amidst that cry was the truth ever forgotten, that the people ought not to govern, but to be governed.
Philip of Macedonia leading the way, were induced to interfere in the relations of the west. We have already set forth to some extent the origin of this interference and the course of the first Macedonian war (540-549); and we have pointed out what Philip might have accomplished during the second Punic war, and how little of all that Hannibal was entitled to expect and to count on was really fulfilled. A fresh illustration had been afforded of the truth, that of all haphazards none is more hazardous than an absolute hereditary monarchy. Philip was not the man whom Macedonia at that time required; yet his gifts were far from insignificant He was a genuine king, in the best and worst sense of the term. A strong desire to rule in person and unaided was the fundamental trait of his character; he was proud of his purple, but he was no less proud of other gifts, and he had reason to be so. He not only showed the valour of a soldier and the eye of a general, but he displayed a high spirit in the conduct of public affairs, whenever his Macedonian sense of honour was offended. Full of intelligence and wit, he won the hearts of all whom he wished to gain, especially of the men who were ablest and most refined, such as Flamininus and Scipio; he was a pleasant boon companion and, not by virtue of his rank alone, a dangerous wooer. But he was at the same time one of the most arrogant and flagitious characters, which that shameless age produced. He was in the habit of saying that he feared none save the gods; but it seemed almost as if his gods were those to whom his admiral Dicaearchus regularly offered sacrifice--Godlessness (-Asebeia-) and Lawlessness (-Paranomia-). The lives of his advisers and of the promoters of his schemes possessed no sacredness in his eyes, nor did he disdain to pacify his indignation against the Athenians and Attalus by the destruction of venerable monuments and illustrious works of art; it is quoted as one of his maxims of state, that "whoever causes the father to be put to death
Of greater importance than this regulation of African clientship were the political consequences of the Jugurthine war or rather of the Jugurthine insurrection, although these have been frequently estimated too highly. Certainly all the evils of the government were therein brought to light in all their nakedness; it was now not merely notorious but, so to speak, judicially established, that among the governing lords of Rome everything was treated as venal--the treaty of peace and the right of intercession, the rampart of the camp and the life of the soldier; the African had said no more than the simple truth, when on his departure from Rome he declared that, if he had only gold enough, he would undertake to buy the city itself. But the whole external and internal government of this period bore the same stamp of miserable baseness. In our case the accidental fact, that the war in Africa is brought nearer to us by means of better accounts than the other contemporary military and political events, shifts the true perspective; contemporaries learned by these revelations nothing but what everybody knew long before and every intrepid patriot had long been in a position to support by facts. The circumstance, however, that they were now furnished with some fresh, still stronger and still more irrefutable, proofs of the baseness of the restored senatorial government--a baseness only surpassed by its incapacity--might have been of importance, had there been an opposition and a public opinion with which the government would have found it necessary to come to terms. But this war had in fact exposed the corruption of the government no less than it had revealed the utter nullity of the opposition. It was not possible to govern worse than the restoration governed in the years 637-645; it was not possible to stand forth more defenceless and forlorn than was the Roman senate in 645: had there been in Rome a real opposition, that is to say, a party which wished and urged a fundamental alteration of the constitution, it must necessarily have now made at least an attempt to overturn the restored senate. No such attempt took place; the political question was converted into a personal one, the generals were changed, and one or two useless and unimportant people were banished. It was thus settled, that the so-called popular party as such neither could nor would govern; that only two forms of government were at all possible in Rome, a -tyrannis- or an oligarchy; that, so long as there happened to be nobody sufficiently well known, if not sufficiently important, to usurp the regency of the state, the worst mismanagement endangered at the most individual oligarchs, but never the oligarchy; that on the other hand, so soon as such a pretender appeared, nothing was easier than to shake the rotten curule chairs. In this respect the coming forward of Marius was significant, just because it was in itself so utterly unwarranted. If the burgesses had stormed the senate-house after the defeat of Albinus, it would have been a natural, not to say a proper course; but after the turn which Metellus had given to the Numidian war, nothing more could be said of mismanagement, and still less of danger to the commonwealth, at least in this respect; and yet the first ambitious officer who turned up succeeded in doing that with which the older Africanus had once threatened the government,(16) and procured for himself one of the principal military commands against the distinctly- expressed will of the governing body. Public opinion, unavailing in the hands of the so-called popular party, became an irresistible weapon in the hands of the future king of Rome. We do not mean to say
Caesar did not confine himself to helping the debtor for the moment; he did what as legislator he could, permanently to keep down the fearful omnipotence of capital. First of all the great legal maxim was proclaimed, that freedom is not a possession commensurable with property, but an eternal right of man, of which the state is entitled judicially to deprive the criminal alone, not the debtor. It was Caesar, who, perhaps stimulated in this case also by the more humane Egyptian and Greek legislation, especially that of Solon,(68) introduced this principle--diametrically opposed to the maxims of the earlier ordinances as to bankruptcy-- into the common law, where it has since retained its place undisputed. According to Roman law the debtor unable to pay became the serf of his creditor.(69) The Poetelian law no doubt had allowed a debtor, who had become unable to pay only through temporary embarrassments, not through genuine insolvency, to save his personal freedom by the cession of his property;(70) nevertheless for the really insolvent that principle of law, though doubtless modified in secondary points, had been in substance retained unaltered for five hundred years; a direct recourse to the debtor's estate only occurred exceptionally, when the debtor had died or had forfeited his burgess-rights or could not be found. It was Caesar who first gave an insolvent the right--on which our modern bankruptcy regulations are based-- of formally ceding his estate to his creditors, whether it might suffice to satisfy them or not, so as to save at all events his personal freedom although with diminished honorary and political rights, and to begin a new financial existence, in which he could only be sued on account of claims proceeding from the earlier period and not protected in the liquidation, if he could pay them without renewed financial ruin.
n a word, this new office of Imperator was nothing else than the primitive regal office re-established; for it was those very restrictions--as respected the temporal and local limitation of power, the collegiate arrangement, and the cooperation of the senate or the community that was necessary for certain cases-- which distinguished the consul from the king.(17) There is hardly a trait of the new monarchy which was not found in the old: the union of the supreme military, judicial, and administrative authority in the hands of the prince; a religious presidency over the commonwealth; the right of issuing ordinances with binding power; the reduction of the senate to a council of state; the revival of the patriciate and of the praefecture of the city. But still more striking than these analogies is the internal similarity of the monarchy of Servius Tullius and the monarchy of Caesar; if those old kings of Rome with all their plenitude of power had yet been rulers of a free community and themselves the protectors of the commons against the nobility, Caesar too had not come to destroy liberty but to fulfil it, and primarily to break the intolerable yoke of the aristocracy. Nor need it surprise us that Caesar, anything but a political antiquary, went back five hundred years to find the model for his new state; for, seeing that the highest office of the Roman commonwealth had remained at all times a kingship restricted by a number of special laws, the idea of the regal office itself had by no means become obsolete. At very various periods and from very different sides-- in the decemviral power, in the Sullan regency, and in Caesar's own dictatorship--there had been during the republic a practical recurrence to it; indeed by a certain logical necessity, whenever an exceptional power seemed requisite there emerged, in contradistinction to the usual limited -imperium-, the unlimited -imperium- which was simply nothing else than the regal power.
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Fate is mightier than genius. Caesar desired to become the restorer of the civil commonwealth, and became the founder of the new military monarchy which he abhorred; he overthrew the regime of aristocrats and banks in the state, only to put a military regime in their place, and the commonwealth continued as before to be tyrannized and turned to profit by a privileged minority. And yet it is a privilege of the highest natures thus creatively to err. The brilliant attempts of great men to realize the ideal, though they do not reach their aim, form the best treasures of nations.
On the abolition of the Macedonian monarchy, the supremacy of Rome was not only an established fact from the Pillars of Hercules to the mouths of the Nile and the Orontes, but, as if it were the final decree of fate, pressed on the nations with all the weight of an inevitable necessity, and seemed to leave them merely the choice of perishing in hopeless resistance or in hopeless endurance. If history were not entitled to insist that the earnest reader should accompany her through good and evil days, through landscapes of winter as well as of spring, the historian might be tempted to shun the cheerless task of tracing the manifold and yet monotonous turns of this struggle between power and weakness, both in the Spanish provinces already annexed to the Roman empire and in the African, Hellenic, and the Asiatic territories which were still treated as clients of Rome. But, however unimportant and subordinate the individual conflicts may appear, they possess collectively a deep historical significance; and, in particular, the state of things in Italy at this period is only intelligible in the light of the reaction which the provinces exercised over the mother-country.
This (The launching of an invasion into Armenia) was itself hazardous; but the smallness of the number (of the army, not more than 15,000 men) might be in some degree compensated by the tried valour of the army consisting throughout of veterans. A much worse circumstance was the temper of the soldiers, to which Lucullus, in his high aristocratic fashion, had given far too little heed. Lucullus was an able general, and - according to the aristocratic standard - an upright and benevolent man, but very far from being a favorite with his soldiers. He was unpopular, as a decided adherent of the oligarghy;unpopular, because he had vigorously checked the monstrous usury of the Roman capitalists in Asia Minor; unpopular, on account of the toils and fatigues which he inflicted on his troops; unpopular, because he demanded strict discipline in his soldiers and prevented as far as possible the pillage of the Greek towns by his men, but withal caused many a waggon and many a camel to be alden with the treasures of the East for himself; unpopular too on account of his manner, which was polished, stately, Hellenising, not at all familiar, and inclining, wherever it was possible, to ease and pleasure. There was no trace in him of the charm which creates a personal bond between the general and the soldier.
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