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.
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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In Etruria.. the nation stagnated and decayed in political helplessness and indolent opulence, a theological monopoly in the hands of the nobility, stupid fatalism, wild and meaningless mysticism, the arts of soothsaying and mendicant priestcraft gradually developed themselves, till they reached the height at which we afterwards find them.
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..whatever may have been the style and title, the sovereign ruler was there, and accordingly the court established itself at once with all its due accompaniments of pomp, insipidity, and emptiness. Caesar appeared in public not in the robe of the consuls which was bordered with purple stripes, but in the robe wholly of purple which was reckoned in antiquity as the proper regal attire, and received, sitting on his golden chair and without rising from it, the solemn procession of the senate. The festivals in his honour commemorative of birthday, of victories, and of vows, filled the calendar. When Caesar came to the capital, his principal servants marched forth in trips to great distances so as to meet and escort him. To be near to him began to be of such importance, that the rents rose in the quarter of the city where he lived. Personal interviews with him were rendered so difficult by the multitude of individuals soliciting audience, that Caesar found himself compelled in many cases to communicate even with his intimate friends in writing, and that persons even of the highest rank had to wait for hours in the ante-chamber. People felt, more clearly than was agreeable to Caesar himself, that they no longer approached a fellow-citizen. There arose a monarchical aristocracy, which was a remarkable manner at once new and old, and which had sprung out of the idea of casting into the shade the aristocracy of the oligarchy by that of the royalty, the nobility of the patriciate. The patrician body still subsisted, although without essential privileges as an order, in the character of a close aristocratic guild; but as it could receive no new gentes it had dwindled away more and more in the course of centuries, and in Caesar's time there were not more than fifteen or sixteen patrician gentes still in existence. Caesar, himself sprung from one of them, got the right of creating new patrician gentes conferred on the Imperator by decree of the people, and so established, in contrast to the republican nobility, the new aristocracy of the patriciate, which most happily combined all the requisites of a monarchichal aristocracy - the charm of antiquity, entire dependence on the government, and total insignificance. On all sides the new sovereignty revealed itself.
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.
It is not meant to be denied that in a policy of conquest consistency is a dangerous praise, and that Trajan after his fashion yielded in these enterprises more than was reasonable to the effort after external success, and went beyond the rational; but wrong is done to him when his demeanor in the East is referred to blind lust of conquest. He did what Caesar would have done had he lived. His policy is but the other side of that of Nero's statesmen, and the two are as opposite, as they are equally consistent and equally warranted. Posterity has justified more the policy of conquest than that of concession.
There are no set forms of high treason in history; whoever provokes one power in the state to conflict with another is certainly a revolutionist, but he may at the same time be a sagacious and praiseworthy statesman. ]]*He Sertorius regarded his army as a Roman one, and filled the officers' posts, without exception, with Romans. With reference to the Spaniards he was the governor, who by virtue of his office levied troops and other support from them; but he was a governor who, instead of exercising the usual despotic sway, endeavoured to attach the provincials to Rome and to himself personally. His chivarlrous character rendered it easy for him to enter into Spanish habits, and excited in the Spanish nobility the most ardent enthusiasm for the wonderful foreigner who had a spirit so kindred with their own.
The great problem of man, how to live in conscioues harmony with himself, with his neighbor, and with the whole to which he belongs, admits of as many solutions as there are provinces in our Father's kingdom; and it is in this, and not in the material sphere, that individuals and nations display their divergences of character. The exciting causes which gave rise to this intrinsic contrast must have been in the Græco-Italian period as yet wanting; it was not until the Hellenes and Italians separated that deep-seated diversity of mental character became manifest, the effects of which contiue to the present day.The family and the state, religion and art, received in Italy and in Greece respectively a development so peculiar and so thoroughly national, that the common basis, on which in these respects also the two peoples rested, has been so overgrown as to be almost concealed from our view. That Hellenic character, which sacrificed the whole to its individual elements, the nation to the single state, and the single state to the citizen; whose ideal of life was the beautiful and the good; and, only too often, the pleasure of idleness; whose political development consisted in intensifying the original individualism of the several cantons, and subsequently led to the internal dissolution of the authority of the state; whose view of religion first invested its gods with human attributes, and then denied their existence; which gave full play to the limbs in the sports of the naked youth, and gave free scope to thought in all its grandeur and in all its awfulness;- and that Roman character, which solemnly bound the son to reverence the father, the citizen to reverence the ruler, and all to reverence the gods; which required nothing; and honoured nothing, but the useful act, and compelled every citizen to fill up every moment of his brief life with unceasing work ; which made it a duty even in the boy to modestly to cover the body; which deemed every one a bad citizen who wished to be different from his fellows; which viewed the states as all in all, and a desire for the state's extension as the only aspiration not liable to censure,- who can in thought trace back these sharply-marked contrasts to that original unity which embraced them both, prepared the way for their development, and at length produced them?
Once more Rome stood on the verge of that abyss, into which the despairing debtor drags his creditor along with him. But since that time the simple civil and moral organization of a great agricultural city had been succeeded by the social antagonisms of a capital of many nations, and by that demoralization in which the prince and the beggar meet; now everything had come to be on a braoder, more abrupt, and fearfully grander scale. When the social war brought all the political and social elements fermenting among the citizens into collision with each other, it laid the foundation for a new revolution.
..personal credit was guaranteed in the most summary and extravagant fashion; for the law entitled the creditor to treat his insolvent debtor like a thief, and granted to him in sober earnest by legislative enactment what Shylock, half in jest, stipulated for from his mortal enemy, guarding indeed by special clauses the point as to cutting off too much more carefully than did the Jew.
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
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Tiberius Caesar, who meanwhile had come to reign, did not order an immediate invasion (of Armenia), and for the moment the anti-Roman party in Armenia was victorious; but it was not his intention to abandon the important border-land. ON the contrary, the Annexation, probably long resolved on, of the Kingdom of Cappadocia was carried out in the year 17 (A.D.); the old Archelaus, who had occupied the throne there from the year 36 (B.C.), was summoned to Rome and was there informed that he had ceased to reign.
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.
Viriathus, now recognized as lord and King of all the Lusitanians, knew how to combine the full dignity of his princely position with the homely habits of a shepherd. No badge distinguished him from the common soldier: he rose from the richly adorned marriage-table of his father-in-law, the prince Astolpa in Roman Spain, without having touchd the goldan plate and the sumptious fare, lifted his bride on horseback, and rode back with her to his mountains. He never took more of the spoil than the share which he allotted to each of his comrades. The soldier recognized the general simply by his tall figure, by his striking sallies of wit, and above all by the fact that he surpassed ever one of his men in temperance as well as in toil, sleeping always in full armour and fighting in front of all in battle. It seemed as if in that thoroughly prosaic age, one of the Homeric heroes had reappeared: the name of Variathus resounded far and wide through Spain; and the brave nation conceived that in him it had at length found the man who was destined to break the fetters of alien domination.
The constitutional struggle was at an end; and that it was so, was proclaimed by Marcus Cato when he fell on his sword at Utica. For many years he had been the foremost man in the struggle of the legitimate republic against its oppressors; he had continued it, long after he had ceased to cherish any hope of victory. But now the struggle itself had become impossible; the republic which Marcus Brutus had founded was dead and never to be revived; what were the republicans now to do on the earth? The treasure was carried off, the sentinels were thereby relieved; who could blame them if they departed? There was more nobility, and above all more judgment, in the death of Cato than there had been in his life. Cato was anything but a great man; but with all that short-sightedness, that perversity, that dry prolixity, and those spurious phrases which have stamped him, for his own and for all time, as the ideal of unreflecting republicanism and the favourite of all who make it their hobby, he was yet the only man who honourably and courageously championed in the last struggle the great system doomed to destruction. Just because the shrewdest lie feels itself inwardly annihilated before the simple truth, and because all the dignity and glory of human nature ultimately depend not on shrewdness but on honesty, Cato has played a greater part in history than many men far superior to him in intellect. It only heightens the deep and tragic significance of his death that he was himself a fool; in truth it is just because Don Quixote is a fool that he is a tragic figure. It is an affecting fact, that on that world-stage, on which so many great and wise men had moved and acted, the fool was destined to give the epilogue. He too died not in vain. It was a fearfully striking protest of the republic against the monarchy, that the last republican went as the first monarch came—a protest which tore asunder like gossamer all that so-called constitutional character with which Caesar invested his monarchy, and exposed in all its hypocritical falsehood the shibboleth of the reconciliation of all parties, under the aegis of which despotism grew up. The unrelenting warfare which the ghost of the legitimate republic waged for centuries, from Cassius and Brutus down to Thrasea and Tacitus, nay, even far later, against the Caesarian monarchy—a warfare of plots and of literature— was the legacy which the dying Cato bequeathed to his enemies. This republican opposition derived from Cato its whole attitude— stately, transcendental in its rhetoric, pretentiously rigid, hopeless, and faithful to death; and accordingly it began even immediately after his death to revere as a saint the man who in his lifetime was not unfrequently its laughing-stock and its scandal. But the greatest of these marks of respect was the involuntary homage which Caesar rendered to him, when he made an exception to the contemptuous clemency with which he was wont to treat his opponents, Pompeians as well as republicans, in the case of Cato alone, and pursued him even beyond the grave with that energetic hatred which practical statesmen are wont to feel towards antagonists opposing them from a region of ideas which they regard as equally dangerous and impracticable.