It is true that to one who was a rustic and a soldier the political proceedings of the capital were strange and incongruous: he spoke as ill as he co… - Theodor Mommsen

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It is true that to one who was a rustic and a soldier the political proceedings of the capital were strange and incongruous: he spoke as ill as he commanded well, and displayed a far firmer bearing in the presence of the lances and swords of the enemy than in presence of the applause or hisses of the multitude; but his inclinations were of little moment. The hopes of which he was the object constrained him.

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About Theodor Mommsen

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.

Also Known As

Alternative Names: Christian Matthias Theodor Mommsen Christian Mommsen T. Mommsen Theodore Mommsen

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Additional quotes by Theodor Mommsen

The system of administration was thoroughly remodelled. The Sullan proconsuls and propraetors had been in their provinces essentially sovereign and practically subject to no control; those of Caesar were the well-disciplined servants of a stern master, who from the very unity and life-tenure of his power sustained a more natural and more tolerable relation to the subjects than those numerous, annually changing, petty tyrants. The governorships were no doubt still distributed among the annually-retiring two consuls and sixteen praetors, but, as the Imperator directly nominated eight of the latter and the distribution of the provinces among the competitors depended solely on him, they were in reality bestowed by the Imperator. The functions also of the governors were practically restricted. The superintendence of the administration of justice and the administrative control of the communities remained in their hands; but their command was paralyzed by the new supreme command in Rome and its adjutants associated with the governor, and the raising of the taxes was probably even now committed in the provinces substantially to imperial officials, so that the governor was thenceforward surrounded with an auxiliary staff which was absolutely dependent on the Imperator in virtue either of the laws of the military hierarchy or of the still stricter laws of domestic discipline. While hitherto the proconsul and his quaestor had appeared as if they were members of a gang of robbers despatched to levy contributions, the magistrates of Caesar were present to protect the weak against the strong; and, instead of the previous worse than useless control of the equestrian or senatorian tribunals, they had to answer for themselves at the bar of a just and unyielding monarch. The law as to exactions, the enactments of which Caesar had already in his first consulate made more stringent, was applied by him against the chief commandants in the provinces with an inexorable severity going even beyond its letter; and the tax-officers, if indeed they ventured to indulge in an injustice, atoned for it to their master, as slaves and freedmen according to the cruel domestic law of that time were wont to atone.

On the one hand this catastrophe had brought to light the utterly corrupt and pernicious character of the ruling oligarchy, their incapacity, their coterie-policy, their leanings towards the Romans. On the other hand the seizure of Sardinia, and the threatening attitude which Rome on that occasion assumed, showed plainly even to the humblest that a declaration of war by Rome was constantly hanging like the sword of Damocles over Carthage, and that, if Carthage in her present circumstances went to war with Rome, the consequence must necessarily be the downfall of the Phoenician dominion in Libya. Probably there were in Carthage not a few who, despairing of the future of their country, counselled emigration to the islands of the Atlantic; who could blame them? But minds of the nobler order disdain to save themselves apart from their nation, and great natures enjoy the privilege of deriving enthusiasm from circumstances in which the multitude of good men despair. They accepted the new conditions just as Rome dictated them; no course was left but to submit and, adding fresh bitterness to their former hatred, carefully to cherish and husband resentment—that last resource of an injured nation. They then took steps towards a political reform.(1) They had become sufficiently convinced of the incorrigibleness of the party in power: the fact that the governing lords had even in the last war neither forgotten their spite nor learned greater wisdom, was shown by the effrontery bordering on simplicity with which they now instituted proceedings against Hamilcar as the originator of the mercenary war, because he had without full powers from the government made promises of money to his Sicilian soldiers. Had the club of officers and popular leaders desired to overthrow this rotten and wretched government, it would hardly have encountered much difficulty in Carthage itself; but it would have met with more formidable obstacles in Rome, with which the chiefs of the government in Carthage already maintained relations that bordered on treason. To all the other difficulties of the position there fell to be added the circumstance, that the means of saving their country had to be created without allowing either the Romans, or their own government with its Roman leanings, to become rightly aware of what was doing.

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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.

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