The history of Rome. Book IV

by Theodor Mommsen

  The custom of fighting in three divisions was retained, but, while previously each division had formed a distinct corps, it was in future left to the general to distribute the cohorts, of which he had the disposal, in the three lines as he thought best. Military rank was determined solely by the numerical order of the soldiers and of the divisions. The four standards of the several parts of the legion - the wolf, the ox with a man's head, the horse, the boar - which had hitherto probably been carried before the cavalry and the three divisions of heavy infantry, disappeared; there came instead the ensigns of the new cohorts, and the new standard which Marius gave to the legion as a whole - the silver eagle. While within the legion every trace of the previous civic and aristocratic classification thus disappeared, and the only distinctions henceforth occurring among the legionaries were purely military, accidental circumstances had some decades earlier given rise to a privileged division of the army alongside of the legions - the bodyguard of the general. Hitherto selected men from the allied contingents had formed the personal escort of the general; the employment of Roman legionaries, or even men voluntarily offering themselves, for personal service with him was at variance with the stern disciplinary obligations of the mighty commonwealth. But when the Numantine war had reared an army demoralized beyond parallel, and Scipio Aemilianus, who was called to check the wild disorder, had not been able to prevail on the government to call entirely new troops under arms, he was at least allowed to form, in addition to a number of men whom the dependent kings and free cities outside of the Roman bounds placed at his disposal, a personal escort of 500 men composed of volunteer Roman burgesses (p. 230). This cohort drawn partly from the better classes, partly from the humbler personal clients of the general, and hence called sometimes that of the friends, sometimes that of the headquarters (praetoriani), had the duty of serving in the latter (praetoriumi) in return for which it was exempt from camp and entrenching service and enjoyed higher pay and greater repute.

  Political Significance of the Marian Military Reform

  This complete revolution in the constitution of the Roman army seems certainly in substance to have originated from purely military motives; and on the whole to have been not so much the work of an individual, least of all of a man of calculating ambition, as the remodelling which the force of circumstances enjoined in arrangements which had become untenable. It is probable that the introduction of the system of inland enlistment by Marius saved the state in a military point of view from destruction, just as several centuries afterwards Arbogast and Stilicho prolonged its existence for a time by the introduction of foreign enlistment. Nevertheless, it involved a complete - although not yet developed - political revolution. The republican constitution was essentially based on the view that the citizen was at the same time a soldier, and that the soldier was above all a citizen; there was an end of it, so soon as a soldier-class was formed. To this issue the new system of drill, with its routine borrowed from the professional gladiator, could not but lead; the military service became gradually a profession. Far more rapid was the effect of the admission - though but limited - of the proletariate to participate in military service; especially in connection with the primitive maxims, which conceded to the general an arbitrary right of rewarding his soldiers compatible only with very solid republican institutions, and gave to the capable and successful soldier a sort of title to demand from the general a share of the moveable spoil and from the stale a portion of the soil that had been won. While the burgess or farmer called out under the levy saw in military service nothing but a burden to be undertaken for the public good, and in the gains of war nothing but a slight compensation for the far more considerable loss brought upon him by serving, it was otherwise with the enlisted proletarian. Not only was he for the moment solely dependent upon his pay, but, as there was no Hotel des Invalides nor even a poorhouse to receive him after his discharge, for the future also he could not but wish to abide by his standard, and not to leave it otherwise than with the establishment of his civic status, His only home was the camp, his only science war, his only hope the general - what this implied, is clear. When Marius after the engagement on the Raudine plain unconstitutionally gave Roman citizenship on the very field of battle to two cohorts of Italian allies en masse for their brave conduct, he justified himself afterwards by saying that amidst the noise of battle he had not been able to distinguish the voice of the laws.

  If once in more important questions the interest of the army and that of the general should concur to produce unconstitutional demands, who could be security that then other laws also would not cease to be heard amid the clashing of swords? They had now the standing army, the soldier-class, the bodyguard; as in the civil constitution, so also in the military, all the pillars of the future monarchy were already in existence: the monarch alone was wanting. When the twelve eagles circled round the Palatine hill, they ushered in the reign of the Kings; the new eagle which Gaius Marius bestowed on the legions proclaimed the near advent of the Emperors.

  Political Projects of Marius

  There is hardly any doubt that Marius entered into the brilliant prospects which his military and political position opened up to him. It was a sad and troubled time. Men had peace, but they were not glad of having it; the state of things was not now such as it had formerly been after the first mighty onset of the men of the north on Rome, when, so soon as the crisis was over, all energies were roused anew in the fresh consciousness of recovered health, and had by their vigorous development rapidly and amply made up for what was lost. Every one felt that, though able generals might still once and again avert immediate destruction, the commonwealth was only the more surely on the way to ruin under the government of the restored oligarchy; but every one felt also that the time was past when in such cases the burgess-body came to its own help, and that there was no amendment so long as the place of Gaius Gracchus remained empty. How deeply the multitude felt the blank that was left after the disappearance of those two illustrious youths who had opened the gates to revolution, and how childishly in fact it grasped at any shadow of a substitute, was shown by the case of the pretended son of Tiberius Gracchus, who, although the very sister of the two Gracchi charged him with fraud in the open Forum, was yet chosen by the people in 655 as tribune solely on account of his usurped name.

  In the same spirit the multitude exulted in the presence of Gaius Marius; how should it not? He, if any one, seemed the right man - he was at any rate the first general and the most popular name of his time, confessedly brave and upright, and recommended as regenerator of the state by his very position aloof from the proceedings of party - how should not the people, how should not he himself, have held that he was so! Public opinion as decidedly as possible favoured the opposition. It was a significant indication of this, that the proposal to have the vacant stalls in the chief priestly colleges filled up by the burgesses instead of the colleges themselves - which the government had frustrated in the comitia in 609 by the suggestion of religious scruples - was carried in 650 by Gnaeus Domitius without the senate having been able even to venture a serious resistance. On the whole it seemed as if nothing was wanted but a chief, who should give to the opposition a firm rallying point and a practical aim; and this was now found in Marius.

  For the execution of his task two methods of operation offered themselves; Marius might attempt to overthrow the oligarchy either as imperator at the head of the army, or in the mode prescribed by the constitution for constitutional changes: his own past career pointed to the former course, the precedent of Gracchus to the latter. It is easy to understand why he did not adopt the former plan, perhaps did not even think of the possibility of adopting it The senate was or seemed so powerless and helpless, so hated and despised, that Marius conceived himself scarcely to need any other support in opposing it than his immense popularity, but hoped in case of necessity to find such a support, notwithstanding the dissolution of the army, in the soldiers discharged and waiting for their rewards. It is p
robable that Marius, looking to Gracchus' easy and apparently almost complete victory and to his own resources far surpassing those of Gracchus, deemed the overthrow of a constitution four hundred years old, and intimately bound up with the manifold habits and interests of the body-politic arranged in a complicated hierarchy, a far easier task than it was. But any one, who looked more deeply into the difficulties of the enterprise than Marius probably did, might reflect that the army, although in the course of transition from a militia to a body of mercenaries, was still during this state of transition by no means adapted for the blind instrument of a coup d'etat, and that an attempt to set aside the resisting elements by military means would have probably augmented the power of resistance in his antagonists. To mix up the organized armed force in the struggle could not but appear at the first glance superfluous and at the second hazardous; they were just at the beginning of the crisis, and the antagonistic elements were still far from having reached their last, shortest, and simplest expression.

  The Popular Party

  Marius therefore discharged the army after his triumph in accordance with the existing regulation, and entered on the course traced out by Gaius Gracchus for procuring to himself supremacy in the state by undertaking its constitutional magistracies. In this enterprise he found himself dependent for support on what was called the popular party, and sought his allies in its leaders for the time being all the more, that the victorious general by no means possessed the gifts and experiences requisite for the command of the streets. Thus the democratic party after long insignificance suddenly regained political importance. It had, in the long interval from Gaius Gracchus to Marius, materially deteriorated. Perhaps the dissatisfaction with the senatorial government was not now less than it was then; but several of the hopes, which had brought to the Gracchi their most faithful adherents, had in the meanwhile been recognized as illusory, and there had sprung up in many minds a misgiving that this Gracchan agitation tended towards an issue whither a very large portion of the discontented were by no means willing to follow it. In fact, amidst the chase and turmoil of twenty years there had been rubbed off and worn away very much of the fresh enthusiasm, the steadfast faith, the moral purity of effort, which mark the early stages of revolutions. But, if the democratic party was no longer what it had been under Gaius Gracchus, the leaders of the intervening period were now as far beneath their party as Gaius Gracchus had been exalted above it. This was implied in the nature of the case. Until there should emerge a man having the boldness like Gaius Gracchus to grasp at the supremacy of the state, the leaders could only be stopgaps: either political novices, who gave furious vent to their youthful love of opposition and then, when duly accredited as fiery declaimers and favourite speakers, effected with more or less dexterity their retreat to the camp of the government party; or people who had nothing to lose in respect of property and influence, and usually not even anything to gain in respect of honour, and who made it their business to obstruct and annoy the government from personal exasperation or even from the mere pleasure of creating a noise. To the former sort belonged, for instance, Gaius Memmius[5] and the well-known orator Lucius Crassus, who turned the oratorical laurels which they had won in the ranks of the opposition to account in the sequel as zealous partisans of the government.

  Glaucia - Saturninus

  But the most notable leaders of the popular party about this time were men of the second sort. Such were Gaius Servilius Glaucia, called by Cicero the Roman Hyperbolus, a vulgar fellow of the lowest origin and of the most shameless street-eloquence, but effective and even dreaded by reason of his pungent wit; and his better and abler associate, Lucius Appuleius Saturninus, who even according to the accounts of his enemies was a fiery and impressive speaker, and was at least not guided by motives of vulgar selfishness. When he was quaestor, the charge of the importation of corn, which had fallen to him in the usual way, had been withdrawn from him by decree of the senate, not so much perhaps on account of maladministration, as in order to confer this - just at that time popular - office on one of the heads of the government party, Marcus Scaurus, rather than upon an unknown young man belonging to none of the ruling families. This mortification had driven the aspiring and sensitive man into the ranks of the opposition; and as tribune of the people in 651 he repaid what he had received with interest.

  One scandalous affair had at that time followed hard upon another. He had spoken in the open market of the briberies practised in Rome by the envoys of king Mithradates - these revelations, compromising in the highest degree the senate, had wellnigh cost the bold tribune his life. He had excited a tumult against the conqueror of Numidia, Quintus Metellus, when he was a candidate for the censorship in 652, and kept him besieged in the Capitol till the equites liberated him not without bloodshed; the retaliatory measure of the censor Metellus - the expulsion with infamy of Saturninus and of Glaucia from the senate on occasion of the revision of the senatorial roll - had only miscarried through the remissness of the colleague assigned to Metellus. Saturninus mainly had carried that exceptional commission against Caepio and his associates[6] in spite of the most vehement resistance by the government party; and in opposition to the same he had carried the keenly-contested re-election of Marius as consul for 652. Saturninus was decidedly the most energetic enemy of the senate and the most active and eloquent leader of the popular party since Gaius Gracchus; but he was also violent and unscrupulous beyond any of his predecessors, always ready to descend into the street and to refute his antagonist with blows instead of words.

  Such were the two leaders of the so-called popular party, who now made common cause with the victorious general. It was natural that they should do so; their interests and aims coincided, and even in the earlier candidatures of Marius Saturninus at least had most decidedly and most effectively taken his side. It was agreed between them that for 654 Marius should become a candidate for a sixth consulship, Saturninus for a second tribunate, Glaucia for the praetorship, in order that, possessed of these offices, they might carry out the intended revolution in the state. The senate acquiesced in the nomination of the less dangerous Glaucia, but did what it could to hinder the election of Marius and Saturninus, or at least to associate with the former a determined antagonist in the person of Quintus Metellus as his colleague in the consulship. All appliances, lawful and unlawful, were put in motion by both parties; but the senate was not successful in arresting the dangerous conspiracy in the bud. Marius did not disdain in person to solicit votes and, it was said, even to purchase them; in fact, at the tribunician elections when nine men from the list of the government party were proclaimed, and the tenth place seemed already secured for a respectable man of the same complexion Quintus Nunnius, the latter was set upon and slain by a savage band, which is said to have been mainly composed of discharged soldiers of Marius. Thus the conspirators gained their object, although by the most violent means. Marius was chosen as consul, Glaucia as praetor, Saturninus as tribune of the people for 654; the second consular place was obtained not by Quintus Metellus, but by an insignificant man, Lucius Valerius Flaccus: the confederates might proceed to put into execution the further schemes which they contemplated and to complete the work broken off in 633.

  The Appuleian Laws

  Let us recall the objects which Gaius Gracchus pursued, and the means by which he pursued them. His object was to break down the oligarchy within and without. He aimed, on the one hand, to restore the power of the magistrates, which had become completely dependent on the senate, to its original sovereign rights, and to re-convert the senatorial assembly from a governing into a deliberative board; and, on the other hand, to put an end to the aristocratic division of the state into the three classes of the ruling burgesses, the Italian allies, and the subjects, by the gradual equalization of those distinctions which were incompatible with a government not oligarchical. These ideas the three confederates revived in the colonial laws, which Saturninus as tribune of the people had partly introduced already (651),
partly now introduced (654)[7]. As early as the former year the interrupted distribution of the Carthaginian territory had been resumed primarily for the benefit of the soldiers of Marius - not the burgesses only but, as it would seem, also the Italian allies - and each of these veterans had been promised an allotment of 100 jugera, or about five times the size of an ordinary Italian farm, in the province of Africa. Now not only was the provincial land already available claimed in its widest extent for the Romano-Italian emigration, but also all the land of the still independent Celtic tribes beyond the Alps, by virtue of the legal fiction that through the conquest of the Cimbri all the territory occupied by these had been acquired de jure by the Romans. Gaius Marius was called to conduct the assignations of land and the farther measures that might appear necessary in this behalf; and the temple-treasures of Tolosa, which had been embezzled but were refunded or had still to be refunded by the guilty aristocrats, were destined for the outfit of the new receivers of land. This law therefore not only revived the plans of conquest beyond the Alps and the projects of Transalpine and transmarine colonization, which Gaius Gracchus and Flaccus had sketched, on the most extensive scale; but, by admitting the Italians along with the Romans to emigration and yet undoubtedly prescribing the erection of all the new communities as burgess-colonies, it formed a first step towards satisfying the claims - to which it was so difficult to give effect, and which yet could not be in the long run refused - of the Italians to be placed on an equality with the Romans. First of all, however, if the law passed and Marius was called to the independent carrying out of these immense schemes of conquest and assignation, he would become practically - until those plans should be realized or rather, considering their indefinite and unlimited character, for his lifetime - monarch of Rome; with which view it may be presumed that Marius intended to have his consulship annually renewed, like the tribunate of Gracchus. But, amidst the agreement of the political positions marked out for the younger Gracchus and for Marius in all other essential particulars, there was yet a very material distinction between the land-assigning tribune and the land-assigning consul in the fact, that the former was to occupy a purely civil position, the latter a military position as well; a distinction, which partly but by no means solely arose out of the personal circumstances under which the two men had risen to the head of the state. While such was the nature of the aim which Marius and his comrades had proposed to themselves, the next question related to the means by which they purposed to break down the resistance - which might be anticipated to be obstinate - of the government party. Gaius Gracchus had fought his battles with the aid of the capitalist class and the proletariate. His successors did not neglect to make advances likewise to these. The equites were not only left in possession of the tribunals, but their power as jurymen was considerably increased, partly by a stricter ordinance regarding the standing commission - especially important to the merchants - as to extortions on the part of the public magistrates in the provinces, which Glaucia carried probably in this year, partly by the special tribunal, appointed doubtless as early as 651 on the proposal of Saturninus, respecting the embezzlements and other official malversations that had occurred during the Cimbrian movement in Gaul. For the benefit, moreover, of the proletariate of the capital the sum below cost price, which hitherto had to be paid on occasion of the distributions of grain for the modius, was lowered from 6 1/3 asses to a mere nominal charge of 5/6 of an as.