The history of Rome. Book V

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The history of Rome. Book V Page 66

by Theodor Mommsen


  Elevation of the Municipal System

  Lastly while the government thus energetically applied itself to remove the diseased, and to strengthen the sound, elements of the Italian national life, the newly-regulated municipal system - which had but recently developed itself out of the crisis of the Social war in and alongside of the state-economy[76] - was intended to communicate to the new absolute monarchy the communal life which was compatible with it, and to impart to the sluggish circulation of the noblest elements of public life once more a quickened action. The leading principles in the two municipal ordinances issued in 705 for Cisalpine Gaul and in 709 for Italy[77], the latter of which remained the fundamental law for all succeeding times, are apparently, first, the strict purifying of the urban corporations from all immoral elements, while yet no trace of political police occurs; secondly, the utmost restriction of centralization and the utmost freedom of movement in the communities, to which there was even now reserved the election of magistrates and an - although limited - civil and criminal jurisdiction.

  The general police enactments, such as the restrictions on the right of association[78], came, it is true, into operation also here. Such were the ordinances, by which Caesar attempted to reform the Italian national economy. It is easy both to show their insufficiency, seeing that they allowed a multitude of evils still to exist, and to prove that they operated in various respects injuriously by imposing restrictions, some of which were very severely felt, on freedom of dealing. It is still easier to show that the evils of the Italian national economy generally were incurable. But in spite of this the practical statesman will admire the work as well as the master-workman. It was already no small achievement that, where a man like Sulla, despairing of remedy, had contented himself with a mere formal reorganization, the evil was seized in its proper seat and grappled with there; and we may well conclude that Caesar with his reforms came as near to the measure of what was possible as it was given to a statesman and a Roman to come. He could not and did not expect from them the regeneration of Italy; but he sought on the contrary to attain this in a very different way, for the right apprehension of which it is necessary first of all to review the condition of the provinces as Caesar found them.

  Provinces

  The provinces, which Caesar found in existence, were fourteen in number: seven European - the Further and the Hither Spain, Transalpine Gaul, Italian Gaul with Illyricum, Macedonia with Greece, Sicily, Sardinia with Corsica; five Asiatic - Asia, Bithynia and Pontus, Cilicia with Cyprus, Syria, Crete; and two African - Cyrene and Africa. To these Caesar added three new ones by the erection of the two new governorships of Lugdunese Gaul and Belgica[79] and by constituting Illyricum a province by itself[80].

  Provincial Administration of the Oligarchy

  In the administration of these provinces oligarchic misrule had reached a point which, notwithstanding various noteworthy performances in this line, no second government has ever attained at least in the west, and which according to our ideas it seems no longer possible to surpass. Certainly the responsibility for this rests not on the Romans alone. Almost everywhere before their day the Greek, Phoenician, or Asiatic rule had already driven out of the nations the higher spirit and the sense of right and of liberty belonging to better times. It was doubtless bad, that every accused provincial was bound, when asked, to appear personally in Rome to answer for himself; that the Roman governor interfered at pleasure in the administration of justice and the management of the dependent communities, pronounced capital sentences, and cancelled transactions of the municipal council; and that in case of war he treated the militia as he chose and often infamously, as e. g. when Cotta at the siege of the Pontic Heraclea assigned to the militia all the posts of danger, to spare his Italians, and on the siege not going according to his wish, ordered the heads of his engineers to be laid at his feet. It was doubtless bad, that no rule of morality or of criminal law bound either the Roman administrators or their retinue, and that violent outrages, rapes, and murders with or without form of law were of daily occurrence in the provinces. But these things were at least nothing new; almost everywhere men had long been accustomed to be treated like slaves, and it signified little in the long run whether a Carthaginian overseer, a Syrian satrap, or a Roman proconsul acted as the local tyrant. Their material well-being, almost the only thing for which the provincials still cared, was far less disturbed by those occurrences, which although numerous in proportion to the many tyrants yet affected merely isolated individuals, than by the financial exactions pressing heavily on all, which had never previously been prosecuted with such energy.

  The Romans now gave in this domain fearful proof of their old master of money-matters. We have already endeavoured to describe the Roman system of provincial oppression in its modest and rational foundations as well as in its growth and corruption as a matter of course, the latter went on increasing. The ordinary taxes became far more oppressive from the inequality of their distribution and from the preposterous system of levying them than from their high amount. As to the burden of quartering troops, Roman statesmen themselves expressed the opinion that a town suffered nearly to the same extent when a Roman army took up winter quarters in it as when an enemy took it by storm. While the taxation in its original character had been an indemnification for the burden of military defence undertaken by Rome, and the community paying tribute had thus a right to remain exempt from ordinary service, garrison-service was now - as is attested e. g. in the case of Sardinia - for the most part imposed on the provincials, and even in the ordinary armies, besides other duties, the whole heavy burden of the cavalry-service was devolved on them.

  The extraordinary contributions demanded - such as, the deliveries of grain for little or no compensation to benefit the proletariate of the capital; the frequent and costly naval armaments and coast-defences in order to check piracy; the task of supplying works of art, wild beasts, or other demands of the insane Roman luxury in the theatre and the chase; the military requisitions in case of war - were just as frequent as they were oppressive and incalculable. A single instance may show how far things were carried. During the three years' administration of Sicily by Gaius Verres the number of farmers in Leontini fell from 84 to 32, in Motuca from 187 to 86, in Herbita from 252 to 120, in Agyrium from 250 to 80; so that in four of the most fertile districts of Sicily 59 per cent of the landholders preferred to let their fields lie fallow than to cultivate them under such government. And these landholders were, as their small number itself shows and as is expressly stated, by no means small farmers, but respectable planters and in great part Roman burgesses!

  In the Client-States

  In the client-states the forms of taxation were somewhat different, but the burdens themselves were if possible still worse, since in addition to the exactions of the Romans there came those of the native courts. In Cappadocia and Egypt the farmer as well as the king was bankrupt; the former was unable to satisfy the tax-collector, the latter was unable to satisfy his Roman creditor. Add to these the exactions, properly so called, not merely of the governor himself, but also of his "friends" each of whom fancied that he had as it were a draft on the governor and a title accordingly to come back from the province a made man. The Roman oligarchy in this respect completely resembled a gang of robbers, and followed out the plundering of the provincials in a professional and business-like manner; capable members of the gang set to work not too nicely, for they had in fact to share the spoil with the advocates and the jurymen, and the more they stole, they did so the more securely. The notion of honour in theft too was already developed; the big robber looked down on the little, and the latter on the mere thief, with contempt; any one, who had been once for a wonder condemned, boasted of the high figure of the sums which he was proved to have exacted. Such was the behaviour in the provinces of the successors of those men, who had been accustomed to bring home nothing from their administration but the thanks of the subjects and the approbation of their fellow-citizens.
/>   The Roman Capitalists in the Provinces

  But still worse, if possible, and still less subject to any control was the havoc committed by the Italian men of business among the unhappy provincials. The most lucrative portions of the landed property and the whole commercial and monetary business in the provinces were concentrated in their hands. The estates in the transmarine regions, which belonged to Italian grandees, were exposed to all the misery of management by stewards, and never saw their owners; excepting possibly the hunting-parks, which occur as early as this time in Transalpine Gaul with an area amounting to nearly twenty square miles. Usury flourished as it had never flourished before. The small landowners in Illyricum, Asia, and Egypt managed their estates even in Varro's time in great part practically as the debtor-slaves of their Roman or non-Roman creditors, just as the plebeians in former days for their patrician lords. Cases occurred of capital being lent even to urban communities at four per cent per month. It was no unusual thing for an energetic and influential man of business to get either the title of envoy[81] given to him by the senate or that of officer by the governor, and, if possible, to have men put at his service for the better prosecution of his affairs; a case is narrated on credible authority, where one of these honourable martial bankers on account of a claim against the town of Salamis in Cyprus kept its municipal council blockaded in the town-house, until five of the members had died of hunger.

  Robberies and Damage by War

  To these two modes of oppression, each of which by itself was intolerable and which were always becoming better arranged to work into each other's hands, were added the general calamities, for which the Roman government was also in great part, at least indirectly, responsible. In the various wars a large amount of capital was dragged away from the country and a larger amount destroyed sometimes by the barbarians, sometimes by the Roman armies. Owing to the worthlessness of the Roman land and maritime police, brigands and pirates swarmed every where. In Sardinia and the interior of Asia Minor brigandage was endemic; in Africa and Further Spain it became necessary to fortify all buildings constructed outside of the city-enclosures with walls and towers. The fearful evil of piracy has been already described in another connection[82]. The panaceas of the prohibitive system, with which the Roman governor was wont to interpose when scarcity of money or dearth occurred, as under such circumstances they could not fail to do - the prohibition of the export of gold or grain from the province - did not mend the matter. The communal affairs were almost everywhere embarrassed, in addition to the general distress, by local disorders and frauds of the public officials.

  The Conditions of the Provinces Generally

  Where such grievances afflicted communities and individuals not temporarily but for generations with an inevitable, steady, and yearly-increasing oppression, the best regulated public or private economy could not but succumb to them, and the most unspeakable misery could not but extend over all the nations from the Tagus to the Euphrates. "All the communities", it is said in a treatise published as early as 684, "are ruine"; the same truth is specially attested as regards Spain and Narbonese Gaul, the very provinces which, comparatively speaking, were still in the most tolerable economic position. In Asia Minor even towns like Samos and Halicarnassus stood almost empty; legal slavery seemed here a haven of rest compared with the torments to which the free provincial succumbed, and even the patient Asiatic had become, according to the descriptions of Roman statesmen themselves, weary of life. Any one who desires to fathom the depths to which man can sink in the criminal infliction, and in the no less criminal endurance, of all conceivable injustice, may gather together from the criminal records of this period the wrongs which Roman grandees could perpetrate and Greeks, Syrians, and Phoenicians could suffer. Even the statesmen of Rome herself publicly and frankly conceded that the Roman name was unutterably odious through all Greece and Asia; and, when the burgesses of the Pontic Heraclea on one occasion put to death the whole of the Roman tax-collectors, the only matter for regret was that such things did not occur oftener.

  Caesar and the Provinces

  The Optimates scoffed at the new master who went in person to inspect his "farm" one after the other; in reality the condition of the several provinces demanded all the earnestness and all the wisdom of one of those rare men, who redeem the name of king from being regarded by the nations as merely a conspicuous example of human insufficiency. The wounds inflicted had to be healed by time; Caesar took care that they might be so healed, and that there should be no fresh inflictions.

  The Caesarian Magistrates

  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[83], 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[84], and the raising of the taxes was probably even now committed in the provinces substantially to imperial officials[85], 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.

  Regulation of Burdens

  The extraordinary public burdens were reduced to the right proportion and the actual necessity; the ordinary burdens were materially lessened. We have already mentioned the comprehensive regulation of taxation[86]; the extension of the exemptions from tribute, the general lowering of the direct taxes, the limitation of the system of decumae to Africa and Sardinia, the complete setting aside of middlemen in the collection of the direct taxes, were most beneficial reforms for the provincials. That Caesar after the example of one of his greatest democratic predecessors, Sertorius[87], wished to free the subjects from the burden of quartering troops and to insist on the soldiers erecting for themselves permanent encampments resembling towns, cannot indeed be proved; but he was, at least after he had exchanged the part of pretender for that of king, not the man to abandon the subject to the soldier; and it was in keeping with his spirit, when the heirs of his policy created such military camps, and then converted them into towns which formed rallying-points for Italian civilization amidst the barbarian frontier districts.

  Influence on the Capitalist System

  It was a task far more difficult than the checking of official irregularities, to deliver the provincials from the oppressive ascendency of Roman capital. Its power could not be directly broken without applying means which were still more dangerous than the evil; the government could for the time being abolish only is
olated abuses - as when Caesar for instance prohibited the employment of the title of state-envoy for financial purposes - and meet manifest acts of violence and palpable usury by a sharp application of the general penal laws and of the laws as to usury, which extended also to the provinces[88]; but a more radical cure of the evil was only to be expected from the reviving prosperity of the provincials under a better administration. Temporary enactments, to relieve the insolvency of particular provinces, had been issued on several occasions in recent times. Caesar himself had in 694 when governor of Further Spain assigned to the creditors two thirds of the income of their debtors in order to pay themselves from that source. Lucius Lucullus likewise when governor of Asia Minor had directly cancelled a portion of the arrears of interest which had swelled beyond measure, and had for the remaining portion assigned to the creditors a fourth part of the produce of the lands of their debtors, as well as a suitable proportion of the profits accruing to them from house-rents or slave-labour. We are not expressly informed that Caesar after the civil war instituted similar general liquidations of debt in the provinces; yet from what has just been remarked and from what was done in the case of Italy[89], it can hardly be doubted that Caesar likewise directed his efforts towards this object, or at least that it formed part of his plan.

 

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