The History of Rome, Book IV - Theodor Mommsen
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Disabilities and Wrongs of the Subjects
But the rights, which belonged and could not but belong to Rome as
the leading community--the supreme conduct of war-affairs, and the
superintendence of the whole administration--were exercised in a way
which was almost as bad as if the allies had been directly declared
to be subjects devoid of rights. The numerous modifications of the
fearfully severe martial law of Rome, which were introduced there in
the course of the seventh century, seem to have remained on the whole
limited to the Roman burgess-soldiers: this is certain as to the most
important, the abolition of executions by martial law,(1) and we may
easily conceive the impression which was produced when, as happened
in the Jugurthine war, Latin officers of repute were beheaded by
sentence of the Roman council of war, while the lowest burgess-soldier
had in the like case the right of presenting an appeal to the civil
tribunals of Rome. The proportions in which the burgesses and
Italian allies were to be drawn for military service had, as was fair,
remained undefined by treaty; but, while in earlier times the two had
furnished on an average equal numbers of soldiers,(2) now, although the
proportions of the population had changed probably in favour of the
burgesses rather than to their disadvantage, the demands on the allies
were by degrees increased disproportionately,(3) so that on the one
hand they had the chief burden of the heavier and more costly service
imposed on them, and on the other hand there were two allies now
regularly levied for one burgess. In like manner with this military
supremacy the civil superintendence, which (including the supreme
administrative jurisdiction which could hardly be separated from it)
the Roman government had always and rightly reserved to itself over
the dependent Italian communities, was extended in such a way that
the Italians were hardly less than the provincials abandoned without
protection to the caprice of any one of the numberless Roman
magistrates. In Teanum Sidicinum, one of the most considerable
of the allied towns, a consul had ordered the chief magistrate of
the town to be scourged with rods at the stake in the marketplace,
because, on the consul's wife expressing a desire to bathe in the
men's bath, the municipal officers had not driven forth the bathers
quickly enough, and the bath appeared to her not to be clean.
Similar scenes had taken place in Ferentinum, likewise a town
holding the best position in law, and even in the old and important
Latin colony of Cales. In the Latin colony of Venusia a free peasant
had been seized by a young Roman diplomatist not holding office but
passing through the town, on account of a jest which he had allowed
himself to make on the Roman's litter, had been thrown down, and
whipped to death with the straps of the litter. These occurrences are
incidentally mentioned about the time of the Fregellan insurrection;
it admits of no doubt that similar outrages frequently occurred, and
of as little that no real satisfaction for such misdeeds could anywhere
be obtained, whereas the right of appeal--not lightly violated with
impunity--protected in some measure at least the life and limbs of the
Roman burgess. In consequence of this treatment of the Italians on the
part of the Roman government, the variance, which the wisdom of their
ancestors had carefully fostered between the Latin and the other
Italian communities, could not fail, if not to disappear, at any
rate to undergo abatement.(4) The curb-fortresses of Rome and the
districts kept to their allegiance by these fortresses lived now under
the like oppression; the Latin could remind the Picentine that they
were both in like manner "subject to the fasces"; the overseers and
the slaves of former days were now united by a common hatred towards
the common despot.
While the present state of the Italian allies was thus transformed from
a tolerable relation of dependence into the most oppressive bondage,
they were at the same time deprived of every prospect of obtaining
better rights. With the subjugation of Italy the Roman burgess-body
had closed its ranks; the bestowal of the franchise on whole
communities was totally given up, its bestowal on individuals was
greatly restricted.(5) They now advanced a step farther: on occasion
of the agitation which contemplated the extension of the Roman franchise
to all Italy in the years 628, 632, the right of migration to Rome was
itself attacked, and all the non-burgesses resident in Rome were
directly ejected by decree of the people and of the senate from the
capital(6)--a measure as odious on account of its illiberality, as
dangerous from the various private interests which it injuriously
affected. In short, while the Italian allies had formerly stood to
the Romans partly in the relation of brothers under tutelage, protected
rather than ruled and not destined to perpetual minority, partly in
that of slaves tolerably treated and not utterly deprived of the hope
of manumission, they were now all of them subject nearly in equal
degree, and with equal hopelessness, to the rods and axes of their
Roman masters, and might at the utmost presume like privileged
slaves to transmit the kicks received from their masters onward
to the poor provincials.
The Rupture
Fregellan War
Difficulty of a General Insurrection
It belongs to the nature of such differences that, restrained by the
sense of national unity and by the remembrance of dangers surmounted
in common, they make their appearance at first gently and as it were
modestly, till the breach gradually widens and the relation between
the rulers, whose might is their sole right, and the ruled, whose
obedience reaches no farther than their fears, manifests at length
undisguisedly the character of force. Down to the revolt and razing
of Fregellae in 629, which as it were officially attested the altered
character of the Roman rule, the ferment among the Italians did not
properly wear a revolutionary character. The longing after equal
rights had gradually risen from a silent wish to a loud request,
only to be the more decidedly rejected, the more distinctly it was
put forward. It was very soon apparent that a voluntary concession
was not to be hoped for, and the wish to extort what was refused
would not be wanting; but the position of Rome at that time hardly
permitted them to entertain any idea of realizing that wish. Although
the numerical proportions of the burgesses and non-burgesses in Italy
cannot be properly ascertained, it may be regarded as certain that
the number of the burgesses was not very much less than that of the
Italian allies; for nearly 400,000 burgesses capable of bearing arms
there were at least 500,000, probably 600,000 allies.(7) So long
as with such proportions the burgesses were united and there was no
outward enemy worthy of mention, the Italian allies, split up into
an endless number of isolated urban and cantonal communities, and
connected with Rome by a thousand relations public and private,
could never attain to common action; and with moderate prudence the
government could not fail to control their troublesome and indignant
subjects partly by the compact mass of the burgesses, partly by the very
considerable resources which the provinces afforded, partly by setting
one community against another.
The Italian and the Roman Parties
Accordingly the Italians kept themselves quiet, till the revolution
began to shake Rome; but, as soon as this had broken out, they too
mingled in the movements and agitations of the Roman parties, with a
view to obtain equality of rights by means of the one or the other.
They had made common cause first with the popular and then with the
senatorial party, and gained equally little by either. They had been
driven to the conviction that, while the best men of both parties
acknowledged the justice and equity of their claims, these best men,
aristocrats as well as Populares, had equally little power to
procure ahearing for those claims with the mass of their party.
They had also observed that the most gifted, most energetic, and most
celebrated statesmen of Rome had found themselves, at the very moment
when they came forward as advocates of the Italians, deserted by their
own adherents and had been accordingly overthrown. In all the
vicissitudes of the thirty years of revolution and restoration
governments enough had been installed and deposed, but, however
the programme might vary, a short-sighted and narrow-minded spirit
sat always at the helm.
The Italians and the Oligarchy
The Licinio-Mucian Law
Above all, the recent occurrences had clearly shown how vain was the
expectation of the Italians that their claims would be attended to
by Rome. So long as the demands of the Italians were mixed up with
those of the revolutionary party and had in the hands of the latter
been thwarted by the folly of the masses, they might still resign
themselves to the belief that the oligarchy had been hostile merely
to the proposers, not to the proposal itself, and that there was still
a possibility that the mere intelligent senate would accept a measure
which was compatible with the nature of the oligarchy and salutary
for the state. But the recent years, in which the senate once more
ruled almost absolutely, had shed only too disagreeable a light on
the designs of the Roman oligarchy also. Instead of the expected
modifications, there was issued in 659 a consular law which most
strictly prohibited the non-burgesses from laying claim to the
franchise and threatened transgressors with trial and punishment--a
law which threw back a large number of most respectable persons who
were deeply interested in the question of equalization from the ranks
of Romans into those of Italians, and which in point of indisputable
legality and of political folly stands completely on a parallel with
that famous act which laid the foundation for the separation of North
America from the mother-country; in fact it became, just like that
act, the proximate cause of the civil war. It was only so much
the worse, that the authors of this law by no means belonged to
the obstinate and incorrigible Optimates; they were no other than
the sagacious and universally honoured Quintus Scaevola, destined,
like George Grenville, by nature to be a jurist and by fate to be
a statesman--who by his equally honourable and pernicious rectitude
inflamed more than any one else first the war between senate and
equites, and then that between Romans and Italians--and the orator
Lucius Crassus, the friend and ally of Drusus and altogether one of
the most moderate and judicious of the Optimates.
The Italians and Drusus
Amidst the vehement ferment, which this law and the numerous processes
arising out of it called forth throughout Italy, the star of hope once
more appeared to arise for the Italians in the person of Marcus
Drusus. That which had been deemed almost impossible--that a
conservative should take up the reforming ideas of the Gracchi,
and should become the champion of equal rights for the Italians--had
nevertheless occurred; a man of the high aristocracy had resolved to
emancipate the Italians from the Sicilian Straits to the Alps and
the government at one and the same time, and to apply all his earnest
zeal, all his trusty devotedness to these generous plans of reform.
Whether he actually, as was reported, placed himself at the head of
a secret league, whose threads ramified through Italy and whose
members bound themselves by an oath(8) to stand by each other
for Drusus and for the common cause, cannot be ascertained; but,
even if he did not lend himself to acts so dangerous and in fact
unwarrantable for a Roman magistrate, yet it is certain that he did
not keep to mere general promises, and that dangerous connections were
formed in his name, although perhaps without his consent and against
his will. With joy the Italians heard that Drusus had carried his
first proposals with the consent of the great majority of the senate;
with still greater joy all the communities of Italy celebrated not long
afterwards the recovery of the tribune, who had been suddenly attacked
by severe illness. But as the further designs of Drusus became
unveiled, a change took place; he could not venture to bring in
his chief law; he had to postpone, he had to delay, he had soon
to retire. It was reported that the majority of the senate were
vacillating and threatened to fall away from their leader; in rapid
succession the tidings ran through the communities of Italy, that the
law which had passed was annulled, that the capitalists ruled more
absolutely than ever, that the tribune had been struck by the hand
of an assassin, that he was dead (autumn of 663).
Preparations for General Revolt against Rome
The last hope that the Italians might obtain admission to Roman
citizenship by agreement was buried with Marcus Drusus. A measure,
which that conservative and energetic man had not been able under the
most favourable circumstances to induce his own party to adopt, was
not to be gained at all by amicable means. The Italians had no
course left save to submit patiently or to repeat once more, and
if possible with their united strength, the attempt which had been
crushed in the bud five-and-thirty years before by the destruction
of Fregellae--so as by force of arms either to destroy Rome and
succeed to her heritage, or at least to compel her to grant equality
of rights. The latter resolution was no doubt a resolution of
despair; as matters stood, the revolt of the isolated urban communities
against the Roman government might well appear still more hopeless
than the revolt of the American colonies against the British empire;
to all appearance the Roman government might with moderate attention
and energy of action prepare for this second insurrection the fate
of its predecessor. But was it less a resolution of despair, to sit
still and allow things to take their course? When they recollected
how the Romans had been in the habit of behaving in Italy without
provocation, what could they expect now that the most considerable
men in every Italian town had or were alleged to have had--the
consequences on either supposition being pretty much the same--an
understanding with Drusus, which was immediately directed against the
party now victorious and might well be characterized as treason? All
those who had taken part in this secret league, all in fact who
might be merely suspected of participation, had no choice left
save to begin the war or to bend their neck beneath the axe
of the executioner.
Moreover, the present moment presented comparatively favourable
prospects for a general insurrection throughout Italy. We are not
exactly informed how far the Romans had carried out the dissolution
of the larger Italian confederacies;(9) but it is not improbable that
the Marsians, the Paelignians, and perhaps even the Samnites and
Lucanians still were associated in their old communal leagues, though
these had lost their political significance and were in some cases
probably reduced to mere fellowship of festivals and sacrifices.
The insurrection, if it should now begin, would still find a rallying
point in these unions; but who could say how soon the Romans would
for that very reason proceed to abolish these also? The secret
league, moreover, which was alleged to be headed by Drusus, had lost
in him its actual or expected chief, but it continued to exist and
afforded an important nucleus for the political organization of the
insurrection; while its military organization might be based on the
fact that each allied town possessed its own armament and experienced
soldiers. In Rome on the other hand no serious preparations had
been made. It was reported, indeed, that restless movements were
occurring in Italy, and that the communities of the allies maintained
a remarkable intercourse with each other; but instead of calling the
citizens in all haste to arms, the governing corporation contented
itself with exhorting the magistrates in the customary fashion to
watchfulness and with sending out spies to learn farther particulars.
The capital was so totally undefended, that a resolute Marsian officer
Quintus Pompaedius Silo, one of the most intimate friends of Drusus,
is said to have formed the design of stealing into the city at the
head of a band of trusty associates carrying swords under their
clothes, and of seizing it by a coup de main. Preparations were
accordingly made for a revolt; treaties were concluded, and arming
went on silently but actively, till at last, as usual, the insurrection
broke out through an accident somewhat earlier than the leading
men had intended.
Outbreak of the Insurrection in Asculum
Marsians and Sabellians
Central and Southern Italy
The Roman praetor with proconsular powers, Gaius Servilius, informed
by his spies that the town of Asculum (Ascoli) in the Abruzzi was
sending hostages to the neighbouring communities, proceeded thither
with his legate Fonteius and a small escort, and addressed to the
multitude, which was just then assembled in the theatre for the
celebration of the great games, a vehement and menacing harangue.
The sight of the axes known only too well, the proclamation of
threats that were only too seriously meant, threw the spark into
the fuel of bitter hatred that had been accumulating for centuries;
the Roman magistrates were torn to pieces by the multitude in the
theatre itself, and immediately, as if it were their intention by a
fearful outrage to break down every bridge of reconciliation, the
gates were closed by command of the magistracy, all the Romans
residing in Asculum were put to death, and their property was
plundered. The revolt ran through the peninsula like the flame
through the steppe. The brave and numerous people of the Marsians
took the lead, in connection with the small but hardy confederacies
in the Abruzzi--the Paeligni, Marrucini, Frentani, and Vestini.
The brave and sagacious Quintus Silo, already mentioned, was here
the soul of the movement. The Marsians were the first formally to
declare against the Romans, whence the war retained afterwards the
name of the Marsian war. The example thus given was followed by
the Samnite communities, and generally by the mass of the communities
from the Liris and the Abruzzi down to Calabria and Apulia; so that
all Central and Southern Italy was soon in arms against Rome.
Italians Friendly to Rome
The Etruscans and Umbrians on the other hand held by Rome, as they
had already taken part with the equites against Drusus.(10) It is
a significant fact, that in these regions the landed and moneyed
aristocracy had from ancient times preponderated and the middle class
had totally disappeared, whereas among and near the Abruzzi the
farmer-class had preserved its purity and vigour better than anywhere
else in Italy: it was from the farmers accordingly and the middle
class in general that the revolt substantially proceeded, whereas the
municipal aristocracy still went hand in hand with the government of
the capital. This also readily explains the fact, that there were in
the insurgent districts isolated communities, and in the insurgent
communities minorities, adhering to the Roman alliance; the Vestinian
town Pinna, for instance, sustained a severe siege for Rome, and a
corps of loyalists that was formed in the Hirpinian country under
Minatius Magius of Aeclanum supported the Roman operations in Campania.
Lastly, there adhered to Rome the allied communities of best legal
position--in Campania Nola and Nuceria and the Greek maritime towns
Neapolis and Rhegium, and in like manner at least most of the Latin
colonies, such as Alba and Aesernia--just as in the Hannibalic war
the Latin and Greek towns on the whole had taken part with, and the
Sabellian towns against, Rome. The forefathers of the city had
based their dominion over Italy on an aristocratic classification,
and with skilful adjustment of the degrees of dependence had kept in
subjection the less privileged communities by means of those with
better rights, and the burgesses within each community by means of
the municipal aristocracy. It was only now, under the incomparably
wretched government of the oligarchy, that the solidity and strength
with which the statesmen of the fourth and fifth centuries had joined
together the stones of their structure were thoroughly put to the test;
the building, though shaken in various ways, still held out against
this storm. When we say, however, that the towns of better position
did not at the first shock abandon Rome, we by no means affirm that
they would now, as in the Hannibalic war, hold out for a length of
time and after severe defeats, without wavering in their allegiance
to Rome; that fiery trial had not yet been endured.
Impression As to the Insurrection in Rome
Rejection of the Proposals for an Accomodation
Commission of High Treason
The first blood was thus shed, and Italy was divided into two great
military camps. It is true, as we have seen, that the insurrection
was still very far from being a general rising of the Italian allies;
but it had already acquired an extent exceeding perhaps the hopes of
the leaders themselves, and the insurgents might without arrogance
think of offering to the Roman government a fair accommodation. They
sent envoys to Rome, and bound themselves to lay down their arms in
return for admission to citizenship; it was in vain. The public
spirit, which had been so long wanting in Rome, seemed suddenly to
have returned, when the question was one of obstructing with stubborn
narrow-mindedness a demand of the subjects just in itself and now
supported by a considerable force. The immediate effect of the
Italian insurrection was, just as was the case after the defeats
which the policy of the government had suffered in Africa and Gaul,(11)
the commencement of a warfare of prosecutions, by means of which
the aristocracy of judges took vengeance on those men of the government
whom they, rightly or wrongly, looked upon as the primary cause
of this mischief. On the proposal of the tribune Quintus Varius,
in spite of the resistance of the Optimates and in spite of tribunician
interference, a special commission of high treason--formed, of course,
from the equestrian order which contended for the proposal with
open violence--was appointed for the investigation of the conspiracy
instigated by Drusus and widely ramified in Italy as well as in Rome,
out of which the insurrection had originated, and which now, when
the half of Italy was under arms, appeared to the whole of the indignant
and alarmed burgesses as undoubted treason. The sentences of this
commission largely thinned the ranks of the senatorial party favourable
to mediation: among other men of note Drusus' intimate friend, the young
and talented Gaius Cotta, was sent into banishment, and with difficulty
the grey-haired Marcus Scaurus escaped the same fate. Suspicion went
so far against the senators favourable to the reforms of Drusus, that
soon afterwards the consul Lupus reported from the camp to the senate
regarding the communications that were constantly maintained between
the Optimates in his camp and the enemy; a suspicion which, it is true,
was soon shown to be unfounded by the arrestof Marsian spies. So far
king Mithradates might not without reason assert, that the mutual
enmities of the factions were more destructive to the Roman state
than the Social War itself.
Energetic Decrees
In the first instance, however, the outbreak of the insurrection,
and the terrorism which the commission of high treason exercised,
produced at least a semblance of unity and vigour. Party feuds were
silent; able officers of all shades--democrats like Gaius Marius,
aristocrats like Lucius Sulla, friends of Drusus like Publius
Sulpicius Rafus--placed themselves at the disposal of the government.
The largesses of corn were, apparently about this time, materially
abridged by decree of the people with a view to husband the financial
resources of the state for the war; which was the more necessary, as,
owing to the threatening attitude of king Mithradates, the province of
Asia might at any moment fall into the hand of the enemy and thus one
of the chief sources of the Roman revenue be dried up. The courts,
with the exception of the commission of high treason, in accordance
with a decree of the senate temporarily suspended their action; all
business stood still, and nothing was attended to but the levying of
soldiers and the manufacture of arms.
Political Organizatin of the Insurrection
Opposition--Rome
While the leading state thus collected its energies in the prospect
of the severe war impending, the insurgents had to solve the more
difficult task of acquiring political organization during the
struggle. In the territory of the Paeligni situated in the centre
of the Marsian, Samnite, Marrucinian, and Vestinian cantons and
consequently in the heart of the insurgent districts, in the beautiful
plain on the river Pescara, the town of Corfinium was selected as the
Opposition-Rome or city of Italia, whose citizenship was conferred on
the burgesses of all the insurgent communities; there a Forum and a
senate-house were staked off on a suitable scale. A senate of five
hundred members was charged with the settlement of the constitution
and the superintendence of the war. In accordance with its directions
the burgesses selected from the men of senatorial rank two consuls and
twelve praetors, who, just like the two consuls and six praetors of
Rome, were invested with the supreme authority in war and peace.
The Latin language, which was even then the prevailing language among
the Marsians and Picentes, continued in official use, but the Samnite
language which predominated in Southern Italy was placed side by
side with it on a footing of equality; and the two were made use of
alternately on the silver pieces which the new Italian state began to
coin in its own name after Roman models and after the Roman standard,
thus appropriating likewise the monopoly of coinage which Rome had
exercised for two centuries. It is evident from these arrangements--
and was, indeed a matter of course-that the Italians now no longer
thought of wresting equality of rights from the Romans, but purposed
to annihilate or subdue them and to form a new state. But it is also
obvious that their constitution was nothing but a pure copy of that
of Rome or, in other words, was the ancient polity handed down by
tradition among the Italian nations from time immemorial:--the
organization of a city instead of the constitution of a state, with
primary assemblies as unwieldy and useless as the Roman comitia, with
a governing corporation which contained within it the same elements
of oligarchy as the Roman senate, with an executive administered in
like manner by a plurality of coordinate supreme magistrates. This
imitation descended to the minutest details; for instance, the title
of consul or praetor held by the magistrate in chief command was
after a victory exchanged by the general of the Italians also for
the title of Imperator. Nothing in fact was changed but the name;
on the coins of the insurgents the same image of the gods appears, the
inscription only being changed from Roma to Italia. This Rome of the
insurgents was distinguished--not to its advantage--from the original
Rome merely by the circumstance, that, while the latter had at any
rate an urban development, and its unnatural position intermediate
between a city and a state had formed itself at least in a natural
way, the new Italia was nothing at all but a place of congress
for the insurgents, and it was by a pure fiction of law that the
inhabitants of the peninsula were stamped as burgesses of this new
capital. But it is significant that in this case, where the sudden
amalgamation of a number of isolated cantons into a new political unity
might have so naturally suggested the idea of a representative
constitution in the modern sense, no trace of any such idea occurs;
in fact the very opposite course was followed,(12) and the communal
organization was simply reproduced in a far more absurd manner than
before. Nowhere perhaps is it so clearly apparent as in this
instance, that in the view of antiquity a free constitution was
inseparable from the appearance of the sovereign people in person in
the primary assemblies, or from a city; and that the great fundamental
idea of the modern republican-constitutional state, viz. the expression
of the sovereignty of the people by a representative assembly--an idea
without which a free state would be a chaos--is wholly modern. Even
the Italian polity, although in its somewhat representative senates
and in the diminished importance of the comitia it approximated to a
free state, never was able in the case either of Rome or of Italia
to cross the boundary-line.