The Gracchi Marius and Sulla Part 7

[Sidenote: Battle of the Colline Gate.] It was November, B.C. 82.

Sunset was near and Sulla's men were weary, but he was determined or was compelled to fight. Giving his men some hasty refreshment, he at once formed the line of battle before the Colline Gate, and the last and most desperate conflict of the civil war began. Sulla's left wing was driven back to the city walls, and fugitives brought word to Ofella at Praeneste that the battle was lost. [Sidenote: Danger of Sulla.] Sulla himself was nearly slain. He was on a spirited white horse, cheering on his men. Two javelins were hurled at him at once.

He did not see them, but his groom did, and he lashed Sulla's horse so as to make it leap forward, and the javelins grazed its tail. Sulla wore in his bosom a small golden image of Apollo, which he brought from Delphi. He now kissed it with devotion, and prayed aloud to the G.o.d not to allow him to fall ingloriously by the hands of his fellow-citizens, after leading him safe through so many perils to the threshold of the city. But neither courage nor superst.i.tion availed him against the fury of the Samnite onset. For the first time in his life Sulla was beaten, and either retreated into Rome or maintained a desperate struggle close to the walls during the night. On the right wing, however, Cra.s.sus had gained the day, had chased the foe to Antemnae, and halting there sent to Sulla for a supply of food. Thus apprised of his good fortune, he hastened to join Cra.s.sus. That division of the enemy which had beaten him had doubtless heard the same news, and must have dispersed or joined the rest of their forces at Antemnae. But in any case they were full of despair. Three thousand offered to surrender. But Sulla never gave mercy, though he often sold it for an explicit or tacit consideration. He swore to spare them if they turned on their own comrades. They did so, and Sulla, taking them to Rome with four or five thousand other prisoners, placed them in the Circus Flaminius and had them all slain. [Sidenote: Sulla's cold-blooded ferocity.] He was haranguing the Senate in the temple of Bellona, and the cries of the poor wretches alarmed his audience; but he told them to attend to what he was saying, for the noise they heard was only made by some malefactors, whom he had ordered to be chastised. This last blind rush of the Sabellian bull on the lair of the wolves, which Pontius had told his followers they must destroy, had failed only by a hair's breadth, and since the days of the Gauls Rome had never been in such peril. But now at last Sulla had triumphed, and could afford to gratify his pent-up pa.s.sion for vengeance. This butchery in the Circus was but the beginning of what he meant to do. [Sidenote: Executions.] The four leaders, Pontius, Carrinas, Damasippus, and Censorinus, were all beheaded; and, in the same ghastly fashion in which, it was said, Hannibal had learnt the death of Hasdrubal, so those blockaded in Praeneste learnt the fate of the relieving army and their own fate also by seeing four heads stuck on poles outside the town walls. They were half starving and could resist no longer. Marius and a younger brother of Pontius killed each other before the surrender. Ofella sent the head of Marius to Sulla, who had it fixed up before the Rostra, and jeered at it in his pitiless fashion, quoting from Aristophanes the line,

You should have worked at the oar before trying to handle the helm.

[Sidenote: Ma.s.sacre at Praeneste.] Then he went to Praeneste, and made all the inhabitants come outside and lay down their arms. The Roman senators who had been in the place had been already slain by Ofella.

Three groups were made of the rest, consisting of Samnites, Romans, and Praenestines. The Romans, the women, and the children were spared.

All the others, 12,000 in number, were ma.s.sacred, and Praeneste was given over to pillage.

[Sidenote: Fate of Norba.] So ruthless an example provoked a desperate resistance at Norba. It was betrayed to Lepidus by night; but the citizens stabbed and hung themselves or each other, and some locking themselves inside their houses, set them in flames. A wind was blowing and the town was consumed. So at Norba there was neither pillage nor execution. Nola was not taken till two years afterwards, and we have seen (p. 121) what became of Mutilus on its surrender. [Sidenote: Sulla's vengeance in Samnium.] Aesernia, the last Samnite capital in the Social War, was captured in the same year (80), and Sulla did his best to fulfil his threat of extirpating the Samnite name. In Etruria Populonium held out longer, and in Strabo's time was still deserted--a proof of the punishment which it received. Volaterrae was the last town to submit. In 79 its garrison surrendered, on condition of their lives being spared. But the soldiers of the besieging force raised a cry of treason and stoned their general, and a troop of cavalry sent from Rome cut the garrison to pieces.

[Sidenote: Fate of Carbo. Pompeius in Sicily.] In the provinces there was still much to be done. Pompeius was sent to Sicily, and on his arrival Perperna, the Marian governor, left the island. Carbo had come over from Africa to Cossura, and was taken and brought before Pompeius. Pompeius condemned the man who had once been his advocate, and sent his head to Sulla. It is said that Carbo met his death in a craven way, begging for a respite. Whether this is true or not, he seems to have been a selfish and incapable man. But if it be true that Pompeius, while he had Carbo's companions instantly slain, purposely spared Carbo himself in order to have the satisfaction of trying him, he was less to be envied than the man he tried. He divorced his wife at this time in order to marry Sulla's step-daughter, who was also divorced from her husband for the purpose. From Sicily Pompeius was sent to Africa, where Lucius Domitius Ahen.o.barbus was in arms.

Crossing offer with 120 ships and 800 transports he landed some of his troops at Utica and some at Carthage.

[Sidenote: Decay of discipline in Roman armies.] The decay of discipline in the Roman armies is ill.u.s.trated by an incident which occurred at Carthage. One soldier found some treasure, and the rest would not stir for several days till they were convinced that there was nothing more to be found. Pompeius looked on and laughed at them.

Sulla's way of treating his soldiers was already bearing fruit, and was one of the worst of the evils which he brought on Italy; for he who goes about scattering smiles and smooth words in order to win a name, for good-nature will always find others to run him a race in such meanness, and so discipline becomes subverted and states are ruined.

[Sidenote: Domitius Ahen.o.barbus conquered and slain by Pompeius in Africa.] Pompeius found Domitius strongly posted behind a ravine.

Taking advantage of a tempest, he crossed it and routed the enemy. His men hailed him Imperator: but he said he would not take the t.i.tle till they had taken the camp. The camp was then stormed and Domitius slain.

Pompeius also captured the towns held by the partisans of Domitius, and defeated and took prisoner the Marian usurper who had expelled Hiempsal, King of Numidia. Hiempsal was restored and his rival put to death. On returning to Utica Pompeius found a message from Sulla, telling him to disband his troops except one legion and wait till his successor came. [Sidenote: Vanity of Pompeius.] The men mutinied, for they liked Pompeius, and Sulla was told that Pompeius was in rebellion. He remarked that 'in his old age it was his fate to fight with boys'--a saying to which Pompeius's speech, 'that more men worshipped the rising than the setting sun,' may have been intended as a rejoinder. But soon he was relieved by hearing that the politic Pompeius had appeased the mutiny. Sulla had the art of yielding with a good grace when it was necessary, and, seeing how popular Pompeius was, he went out to meet him on his return and greeted him by the name 'Magnus.' The vain young man asked for a triumph. His forty days'

campaign had indeed been brilliant; but he was not even a praetor, the lowest official to whom a triumph was granted, nor a senator, but only an eques. Sulla at first was astonished at the request, but contemptuously replied, 'Let him triumph; let him have his triumph.'

[Sidenote: Sulla has Ofella slain.] Two other officials of Sulla gave him trouble. One, Ofella, stood for the consulship against his wishes, and went about with a crowd of friends in the Forum. But with a man like Sulla it was foolish to presume on past services. He had no notion of allowing street-riots again, and sent a centurion who cut Ofella down. The people brought the centurion to him, demanding justice. [Sidenote: Sulla's parables.] Sulla told them the man had done what he ordered, and then spoke a grim parable to them. A rustic, he said, was so bitten by lice that twice he took off his coat and shook it. But as they went on biting him he burnt it. And so those who had twice been humbled had better not provoke him to use fire the third time. [Sidenote: Murena provokes the second Mithridatic war.]

The other officer was Murena, who had been left in Asia. He raised troops besides the legions left with him, forced Miletus and other Asiatic towns to supply a fleet, and then stirred up the second Mithridatic war. The Colchians had revolted, and Mithridates suspected his son of fostering the revolt in order to be set over them. So he invited him to come to his court, put him there in chains of gold, and soon killed him. He had also, it seems, threatened Archelaus, who fled from him and represented to the ready ears of Murena, that Mithridates still held part of Cappadocia, and was collecting a powerful army.

Murena advanced into Cappadocia, took Comana, and pillaged its temple.

Mithridates appealed to the treaty; but Murena asked where it was, for the terms had never been reduced to a written form. [Sidenote: Mithridates appeals to the Senate.] The king then sent to the Senate.

Murena crossed the Halys, and retired into Phrygia and Galatia with rich spoil. [Sidenote: Murena defeated.] Disregarding a prohibition of the Senate, he again attacked the king, who at last sent Gordius against him, and soon after, coming up in person, defeated Murena twice and drove him into Phrygia. For this success Mithridates lit on a high mountain a bonfire, which, it is said, was seen more than a hundred miles away by sailors in the Black Sea. [Sidenote: Sulla puts a stop to the war.] Sulla sent orders to Murena to fight nor more; and Mithridates, on condition of being reconciled to Ariobarzanes, was allowed to keep as much of Cappadocia as was in his possession. He gave a great banquet in honour of the occasion; and Murena went home, where he had a triumph. Sulla probably granted it to him after his defeats with more pleasure than he granted it to Pompeius for his victories.

[Sidenote: Sertorius in Spain.] The ablest of the Marian generals was, it has been seen, virtually unemployed in the Civil War. Sertorius, when sent to Spain, seized the pa.s.ses of the Pyrenees. Sulla, in 81, sent against him, Q. Annius Luscus, who found one of the lieutenants of Sertorius so strongly posted that he could not get past him.

However this lieutenant was a.s.sa.s.sinated by one of his own men, and his troops abandoned their position. [Sidenote: He flies to Mauretania. At Pityussa.] Sertorius had few men, and fled to New Carthage, and thence to Mauretania. Here he was attacked by the barbarians, and re-embarking, was on his way back to Spain, when he fell in with some Cilician pirates with whom he attacked Pityussa (Iviza) and expelled the Roman garrison. [Sidenote: At Gades.] Annius hastened to the rescue and worsted him in a fight, after which Sertorius sailed away through the Straits of Gibraltar to Gades (Cadiz). Here some sailors told him of two islands which the Spaniards believed to be the Islands of the Blest, with a pleasant climate and a fruitful soil. In these islands--probably Madeira--Sertorius wished to settle. [Sidenote: In Mauretania.] But, when his Cilician allies sailed to Mauretania to restore some prince to his throne, he went there too and fought on the other side. Sulla sent help to the prince, but Sertorius defeated the commander and was joined by the troops.

[Sidenote: Invited to Spain.] Now, when once more at the head of a Roman army, he was invited to Spain by the Lusitani, who were preparing to revolt against Rome. With 2,600 Romans and 700 Africans he crossed the sea, gaining a victory over the Roman cruisers on his way, and set to work organizing and drilling the Lusitani in Roman fashion. [Sidenote: His white fawn.] One of them gave him a white fawn, and Sertorius declared that it had been given him by Diana.

After this, when he obtained any secret intelligence he said that the fawn had told him, and brought it out crowned with flowers, if it was some officer's success of which he had heard. By such means, and by introducing a gay and martial uniform among his troops, he made his army both well-disciplined and devoted to him personally, and defeated one governor of Further Spain on the Baetis (Guadalquiver). [Sidenote: Defeats Metellus Pius.] Gaining afterwards a series of successes over Q. Metellus Pius, who had been sent against him, he was still in arms and master of a considerable part of Spain when Sulla died.

CHAPTER XIV.

THE PERSONAL RULE AND DEATH OF SULLA.

Sulla was to all intents and purposes a king in Rome. He harangued the people on what he had achieved, and told them that if they were obedient he would make things better for them, but that he would not spare his enemies, and would punish everyone who had sided with them since Scipio violated his covenant. [Sidenote: Reign of terror in Rome.] Then began a reign of terror. Not only did he kill his enemies, but gave over to his creatures men against whom he had no complaint to make. At last a young n.o.ble, Caius Metellus, asked him in the Senate, 'Tell us, Sulla, when there is to be an end of our calamities. We do not ask thee to spare those whom those hast marked out for punishment, but to relieve the suspense of those whom thou hast determined to save.' Sulla replied that he did not yet know. 'Then,' said Metellus, 'let us know whom thou intendest to destroy.' [Sidenote: Sulla's proscriptions.] Sulla answered by issuing a first proscription list, including eighty names. People murmured at the illegality of this, and in two days, as if to rebuke their presumption, he issued a second of 220, and as many more the next day. Then he told the people from the rostrum that he had now proscribed all that he remembered, and those whom he had forgotten must come into some future proscription. Such a speech would seem incredible if put into the mouth of any other character it history; but it is in keeping with Sulla's pa.s.sionless and nonchalant brutality. The ashes of Marius he ordered to be dug up and scattered in the Anio, the only unpractical act we ever read of him committing. Death was ordained for every one who should harbour or save a proscribed person, even his own brother, son, or parent. But he who killed a proscribed man, even if it was a slave who slew his master or a son his father, was to receive two talents. Even the son and grandson of those proscribed were deprived of the privileges of citizenship, and their property was confiscated. Not only in Rome but in all the cities of Italy this went on. Lists were posted everywhere, and it was a common saying among the ruffianly executioners, 'His fine home was the death of such an one, his gardens of another, his hot baths of a third,' for they hunted down men for their wealth more than from revenge. [Sidenote: Story ill.u.s.trative of the time.] One day a quiet citizen came into the Forum, and out of mere curiosity read the proscription list. To his horror he saw his own name. 'Wretch,' he cried, 'that I am, my Alban villa pursues me!' and he had not gone far when a ruffian came up and killed him. [Sidenote: Sulla and Julius Caesar.] The famous Julius Caesar was one of those in danger. He would not divorce his wife at the bidding of Sulla, who confiscated her property if not his as well, being so far merciful for some reason which we do not know. [Sidenote: Story of Roscius.] One case has been made memorable by the fact that Cicero was the counsel for one of the sufferers. Two men named Roscius procured the a.s.sa.s.sination of a third of the same name by Sulla's favourite freedman, Chrysogonus, who then got the name of Roscius put on the proscription list, and, seizing on his property, expelled the man's son from it. He having friends at Rome fled to them, and made the a.s.sa.s.sins fear that they might be compelled to disgorge. So they suddenly charged the son with having killed his father. The most frightful circ.u.mstance about the case is not the piteous injustice suffered by the son, but the abject way in which Cicero speaks of Sulla, comparing him to Jupiter who, despite his universal beneficence, sometimes permits destruction, not on purpose but because his sway is so world-wide, and scouting the idea of its being possible for him to share personally in such wrongs.

It has been well said, 'We almost touch the tyrant with our finger.'

Cicero soon afterwards left Rome, probably from fear of Sulla.

[Sidenote: Wholesale punishment of towns.] It is said that the names of 4,700 persons were entered on the public records as having fallen in the proscriptions, besides many more who were a.s.sa.s.sinated for private reasons. Whole towns were put up for auction, says one writer, such as Spoletum, Praeneste, Interamna, and Florentia. By this we may understand that they lost all their land, their privileges, and public buildings, perhaps even the houses themselves. Others, such as Volaterrae and Arretium, were deprived of all privileges except that of Commercium or the right of trade.

[Sidenote: Sulla rewards his soldiers and establishes a permanent party.] Sulla's friends attended such auctions and made large fortunes. One of his centurions, named Luscius, bought an estate for 10,000,000 sesterces, or 88,540_l_. of our money. One of his freedmen bought for 20_l_. 12_s_. an estate worth 61,000_l_. Cra.s.sus, Verres, and Sulla's wife, Metella, became in this way infamously rich. In spite of such nominal prices, the sale of confiscated estates produced 350,000,000 sesterces, or nearly 3,000,000_l_. of our money. Sulla approved of such purchases, for they bound the buyers to his interests, and ensured their wishing to uphold his acts after his death. With the same view of creating a permanent Sullan party in Italy, and at the same time to fulfil his pledges to the soldiers, he allotted to them all public lands in Italy hitherto undistributed, and all confiscated land not otherwise disposed of. In this way he punished and rewarded at a stroke. No fewer than 120,000 allotments were made and twenty-three legions provided for. There was in it a plausible mimicry of the democratic scheme of colonies which Sulla must have thoroughly enjoyed. Thus in Italy he provided a standing army to support his new const.i.tution. [Sidenote: The Cornelii.] In Rome itself, by enfranchising 10,000 slaves whose owners had been slain, he formed a strong body of partisans ever ready to do his bidding; these were all named Cornelii. A man is known by his adherents, and the worst men were Sulla's _proteges_.

[Sidenote: Catiline.] Catiline's name rose into notoriety amid these horrors. He was said not only to have murdered his own brother, but, to requite Sulla for legalising the murder by including this brother's name in the list of the proscribed, to have committed the most horrible act of the Civil War--the torture of Marcus Marius Gratidia.n.u.s. This man, because he was cousin of Marius, was offered up as a victim to the manes of Catulus, of whom the elder Marius had said, 'He must die.' This poor wretch was scourged, had his limbs broken, his nose and hands cut off, and his eyes gouged out of their sockets. Finally his head was cut off, and Cicero's brother writes that Catiline carried it in his hands streaming with blood. But no one would attach much importance to what the Ciceros said of Catiline, and two circ.u.mstances combine to point to his innocence of such extreme enormities. One is that it was the son of Catulus who begged as a boon from Sulla the death of this Marius, and his name was very likely confused with Catiline's in the street rumours of the time; and the other and more direct piece of evidence is, that Catiline was tried in the year 64 for murders committed at this time, and was acquitted. It is a curious thing that the obloquy which has clung to Catiline's name on such dubious reports has never attached in the same measure to the undoubted horrors and abominations of Sulla's career.

Sulla, though he meant above all to have his own way, had no objection to use const.i.tutional forms where they could be conveniently employed.

He made the Senate pa.s.s a resolution approving his acts, and, as there were no consuls in 82, after the death of Marius and Carbo, he retired from Rome for a while and told the Senate to elect an Interrex, in conformity with the prescribed usage under such circ.u.mstances. Then he wrote to the Interrex and recommended that a Dictator should be appointed, not for a limited time, but till he had restored quiet in the Roman world, and, with a touch of that irony which he could not resist displaying in and out of season, went on to say that he thought himself the best man for the post. [Sidenote: Sulla's power.] Thus, in November 82, he was formally invested with despotic power over the lives and property of his fellow-citizens, could contract or extend the frontiers of the State, could change as he pleased the const.i.tution of the Italian towns and the provinces, could legislate for the future, could nominate proconsuls and propraetors, and could retain his absolute power as long as he liked. He might have dispensed with consuls altogether. But he did not care to do this. The consuls whom he allowed to be elected for 81 were of course possessed of merely nominal power. Twenty-four lictors preceded him in the streets.

He told the people to hail him as 'Felix,' declared that his least deliberate were his most successful actions, signed himself 'Epaphroditus' when he wrote to Greeks, named his son and daughter Faustus and Fausta, boasted that the G.o.ds held converse with him in dreams, and sent a golden crown and axe to the G.o.ddess whom he believed to be his patroness. Like Wallenstein, he mingled indifference to bloodshed with extreme superst.i.tion and boundless self-confidence. But, as the historian remarks, 'a man who is superst.i.tious is capable of any crime, for he believes that his G.o.ds can be conciliated by prayers and presents. The greatest crimes have not been committed by men who have no religious belief.' No doubt to his mind there was a sort of judicial retribution in all this bloodshed; and, as he tried to make himself out the favourite of the G.o.ds, so by formally announcing the close of the proscription lists for June 1, 81 B.C., he spread some veil of legality over his shameless violence. [Sidenote: Peculiarly horrible nature of Sulla's acts.] There is something particularly revolting in the business-like and systematic way in which he went about his murderous work, appointing a fixed time for it to end, a fixed list of the victims; a fixed price to be paid per head, a fixed exemption for the murderers from his own law 'De Sicariis.' Modern idolaters of a policy of blood and iron may profane history by their glorification of human monsters; but no sophistry can blind an independent reader to the real nature of Sulla's character and acts. He organized murder, and filled Italy with idle soldiers instead of honest husbandmen. He did so in the interests of a cla.s.s--a cla.s.s whose incapacity for government he had discovered; and yet, knowing that his re-establishment of this cla.s.s could only be temporary, he fortified it by every means in his power, and then, after a theatrical finale, returned to the gross debaucheries in which he revelled. Anything more selfish or cynical cannot be conceived, and those who call vile acts by their plain names will not feel inclined to become Sulla's apologists.

When he died he left behind him, it is said, what he may have meant as his epitaph, an inscription containing the purport of three lines in the 'Medea'--

Let no man deem me weak or womanly, Or nerveless, but of quite another mood, A scourge to foes, beneficent to friends.

Pompeius, the only man who had successfully bearded him, was the only friend not mentioned in his will. If anything could palliate his remorseless selfishness it is the candour with which he confessed it.

He had made a vast private fortune out of his countrymen's misery.

When he surrendered his dictatorship he offered a tenth of his property to Hercules, and gave a banquet to the people on so profuse a scale that great quant.i.ties of food were daily thrown into the Tiber.

Some of the wine was forty years old, perhaps wine of that vintage which was gathered in when Caius Gracchus died. [Sidenote: He divorces Metella and marries again.] In the middle of the banquet his wife Metella sickened, and in order that, as Pontifex, he might prevent his home being polluted by death he divorced her, and removed her to another house while still alive. Soon afterwards he married another wife, who at a gladiatorial show came and plucked his sleeve, in order, as she said, to obtain some of his good fortune. [Sidenote: His abdication.] The rest of his life was spent, near c.u.mae, in hunting, writing his memoirs, amusing himself with actors, and practising all sorts of debauchery. Ten days before he died he settled the affairs of the people of Puteoli at their request, and was busy in collecting funds to restore the Capitol up to the last. [Sidenote: His death.]

Some say he died of the disease which destroyed Herod. Some say that there is no such disease. Others say that he broke a blood-vessel when in a rage. He is described as having blue eyes, and a pale face so blotched over that it was likened to a mulberry sprinkled with meal.

[Sidenote: Rivalry of Lepidus and Pompeius.] His death, 78 B.C., was the signal for that break-up of his political inst.i.tutions to which he had wilfully shut his eyes. The great men at Rome began to wrangle over his very body before it was cold. Lepidus, whom Pompeius, against Sulla's wishes, had helped to the consulship, opposed a public funeral. The other consul supported it. Sulla had with his usual shrewdness divined the character of Lepidus, and told Pompeius that he was only making a rival powerful. Pompeius opposed Lepidus now, for he knew that the partisans of Sulla would insist on doing honour to his memory. [Sidenote: Funeral of Sulla.] Appian describes the funeral at length. 'The body was borne on a litter, adorned with gold and other royal array, amid the flourish of trumpets, and with an escort of cavalry. After them followed a concourse of armed men, his old soldiers, who had thronged from all parts and fell in with the procession as each came up. Besides these there was as vast a crowd of other men as was ever seen at any funeral. In front were carried the axes and the other symbols of office which had belonged to him as dictator. But it was not till the procession reached Rome that the full splendour of the ceremonial was seen. More than 2,000 crowns of gold were borne in front, gifts from towns, from his old comrades in arms, and his personal friends. In every other respect, too, the pomp and circ.u.mstance of the funeral was past description. In awe of the veterans all the priests of all the sacred fraternities were there in full robes, with the Vestal Virgins, and all the senators, and all the magistrates, each in his garb of office. Next, in array that contrasted with theirs, came the knights of Rome in column; then all the men whom Sulla had commanded in his wars, and who had vied with each other in hastening there, carrying gilded standards and silver-plated shields. There was also a countless host of flute-players, making now most tender, now most wailing music. A cry of benediction, raised by the senators, was taken up by the knights and the soldiers, and re-echoed by the people, for some mourned his loss in reality, and others feared the soldiers and dreaded him in death as much as in life, the present scene recalling dreadful memories. That he had been a friend to his friends they could not but admit; but to the rest, even when dead, he was still terrible. The body was exhibited before the rostra, and the greatest orator of the time spoke the funeral oration; for Faustus, Sulla's son, was too young to do so. Then some strong senators took up the litter on their shoulders and bore it to the Campus Martius, where kings only were wont to be buried. There it was placed on the funeral pyre; and the knights and all the army circled round it in solemn procession. And that was Sulla's ending.'

To the student of history the story of such a funeral seems like the prostration of a nation of barbarians before the car of some demon-G.o.d. If the strong personality of the man--with all that dauntless bravery, that unerring sagacity, that trenchant tongue--still after two thousand years fascinates attention, if we are forced to own that for sheer power of will and intellect he stands in the very foremost rank of men, yet we feel also that in the case of such superhuman wickedness tyrannicide would, if it ever could, cease to be a crime.

CHAPTER XV.

SULLA'S REACTIONARY MEASURES.

It is difficult to say about part of the legislation of this period whether it was directly due to Sulla or not, just as some of the changes in the army may or may not have been due to Marius, but were certainly made about his time. The method of gathering together all the changes made within certain dates, attributing them to one man, and basing an estimate of his character on them, has a simplicity about it which enables the writer to be graphic and spares the reader trouble, but is an unsatisfactory way of presenting history. Enough, however, is known of Sulla's own measures to make their general tendency perfectly plain. [Sidenote: Main object of Sulla's laws.] His main object was to restore the authority of the Senate, and to do more than restore it, to give it such power as might, if it was true to itself, secure it from mob-rule on the one hand and tyranny on the other. Though he foresaw that his efforts would be futile, he was none the less energetic in making them, and may reasonably have hoped that they would at all events last his time, and enable him to enjoy himself in Campania, undisturbed by another revolution. Our acquaintance with his laws is only second-hand, for none of them survive in their original form. They are known as Leges Corneliae, a term which, though applicable to some other laws, is usually applied to those of his making.

The Senate had originally been an advising council. Then it had acquired superior authority, and issued commands to the magistrates.

It was placed by Sulla in a still higher position. [Sidenote: He reconst.i.tutes the Senate;] To fill up its exhausted ranks he admitted to it 300 of the equestrian order; and, though it is not certain what its numbers were to be, it is probable that they were fixed at about 500. Then he provided for keeping the list full for the future.

[Sidenote: fills it up from the quaestors;] Hitherto a man had become a senator either at the censor's summons (of which he was practically certain if he had been tribune or quaestor), or, if he had been consul, praetor or aedile. [Sidenote: increases the number of the quaestors;] Sulla made the quaestorship instead of the aedileship the regular stepping-stone, and increased the number of the quaestors to twenty. [Sidenote: degrades the censorship.] He also, in all probability, though it is not certain, took away from the censors their right of conferring or taking away senatorial rank. 'Once a senator, always a senator,' was therefore now the rule; and as the quaestors, who were the main source of supply, were nominated by the Comitia Tributa, the Senate became a more representative as well as a more permanent body than before, and independent of the magistrates.

[Sidenote: Legislative initiative given to the Senate.] Secondly, we have seen that Sulla had given to the Senate by law the power which it had previously exercised only by custom, of deliberating on a measure before it was submitted to the vote of the Comitia. This was one security against any measure being carried against its interests.

Before this the practice had been either for the Senate through the tribunes to submit a measure to the vote, or for the tribunes to submit a measure of their own after obtaining the Senate's authority to do so. Saturninus, as we have seen, had overridden this custom, and the only way in which the Senate could maintain its old privileges would have been either by proclaiming a just.i.tium, as it did on that occasion, or by picking out some technical informality in the pa.s.sing of the plebiscitum, had not Sulla thus made its previous authorisation absolutely indispensable. [Sidenote: Curtailment of the tribunes'

prerogative.] The tribunes, being deprived of the power of proposing a measure at will to the Comitia Tributa, would also lose the power of prosecuting anyone before it, and probably lost the right of convening meetings in order to address the people. Sulla, too, provided that those who had been tribunes should be ineligible to other offices, and, though the right of veto seems to have been left to them, it is not clear that it was left without restrictions, while the abuse of it was made a heavily punishable offence. It is likely also that he made senators the only persons eligible to the tribunate. Positively, therefore, by making the Senate's previous consent to a law necessary, and negatively by these limitations of the prerogative of the tribunes, legislative power was placed wholly in the Senate's hands.

[Sidenote: Changes in the Comitia.] Thirdly, the balance in the Comitia themselves was so adjusted that the voting would be mostly in the Senate's interests. Something has already been said of Sulla's changes on this head, in reverting to the Servian mode of voting (p.

129). Some explanation of what this means may be given here. Sulla did not abolish the Comitia Tributa; but the measures just mentioned, as they left the practical power of legislation with the Senate, left the formal power with the Comitia Centuriata. [Sidenote: History of the Comitia Tributa and Centuriata.] We know the origin of the Comitia Centuriata. We do not know the origin of the Comitia Tributa. But we do know that by degrees the latter obtained legislative power co-ordinate with that of the former, and that the Plebiscitum became as binding on the nation as the Lex. There were in short two parallel bodies in which the people could make laws--ranged in the one by tribes, and voting on measures submitted to them by their tribunes; ranged in the other by centuries, and voting on measures submitted to them by the consul. But as the State became more and more democratic, the Comitia Tributa was more used than the Comitia Centuriata, in which legislation was gradually confined to special matters a.s.signed to them by law or custom. Besides these functions the Comitia Tributa decided on war or peace, elected the tribunes, aediles, and lesser magistrates, and also usurped judicial power, arraigning magistrates for their conduct in office, &c. The functions of the Comitia Centuriata were, as we have, seen, also legislative. They elected to the higher magistracies and exercised jurisdiction in capital cases, a function which grew out of the Roman citizen's right to appeal. Each century had one vote; and as by the Servian arrangement the first cla.s.s, though containing fewest voters, had nevertheless, owing to its highest a.s.sessment, most votes, it could by itself outvote the other cla.s.ses. At some time or other this cla.s.sification was altered; and a new system, based partly on centuries and partly on tribes, came into use. Each tribe was divided into ten centuries, five of seniors and five of juniors. The first cla.s.s consisted of one of each of these from each tribe, so that, as there were thirty-five tribes, each cla.s.s would consist of seventy centuries. It is said by some that the first cla.s.s included also thirty-five centuries, or eighteen centuries of equites. If this be true, the first cla.s.s would still have retained the preponderance of votes. In any case it had the best of the voting, for even if it was decided by lot which century of all the centuries should vote first, still the first cla.s.s voted second, and the moral effect of the wealthier and weightier citizens voting one way or other would naturally influence the votes of the other centuries. Moreover some say that the lot was confined to the centuries of the first cla.s.s. Such then was the original and such the modified const.i.tution of the Comitia Centuriata. [Sidenote: Sulla's legislation about the Comitia.] Appian expressly states that Sulla reverted to the original mode of voting. But he may be confusing things, and only mean that Sulla took the voting power from the Comitia Tributa and vested it in the Comitia Centuriata. And this probably is what Sulla did.

[Sidenote: Curtailment of the power of the consuls and praetors.]

Fourthly, as Sulla weakened the censorship in order to exalt the Senate's authority at its expense, so, to prevent any individual again obtaining undue influence, he ordained that no man should be consul till he had been first quaestor and then praetor, and that no man should be re-eligible to a curule office till after an interval of ten years. This, however, was not enough. It was his object to curtail the powers of every magistrate. And therefore, though the consulate was not dangerous to the Senate in the sense that the tribunate was, he laid hands both on it and on the praetorship. [Sidenote: Previous powers of the two offices.] The functions of the consuls and praetors had hitherto been these. The consuls had the general superintendence of all except judicial matters at home, and the military superintendence in all the provinces except Sicily, Sardinia, and the two Spains, in which they only occasionally exercised their imperium.

One praetor, the Praetor Urba.n.u.s, presided over civil suits between Roman citizens. Another, the Praetor Peregrinus, superintended such suits between a citizen and an alien or between two aliens. The other four were over the four above-mentioned provinces. In case of need one man could do the work both of the Praetor Urba.n.u.s and the Praetor Peregrinus, leaving his colleague free for a military command. Or the consul or praetor might have his term of office extended, being bound to continue in his command till a successor arrived. Or one consul might manage the ordinary functions of both, and the other be similarly left free for some special employment. The Senate could in any given year a.s.sign, as business to be superintended by a consul or a praetor, some military command or judicial commission, and then the consuls or praetors had to settle by lot or by agreement who should undertake it. As the State grew greater these special a.s.signations had to be made oftener. [Sidenote: The new scheme.] There had been eight officials for eight offices; now five new superintendents had to be provided for Asia, Africa, Macedonia, Narbo, and Cilicia, as well as one for the Quaestio de Repetundis. To enable eight men to do the work of fourteen the Senate made prolongation of office for a second year the rule, and the officials confined by the nature of these duties to the city during these years of office were generally sent at the end of it to the transmarine provinces where most money was to be made.