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see Dirksen manuale and Brisson; in Cic. de or. 1 &S 166–7, where it occurs three times, it is interchanged with litem perdere. 70 DELATOR IV 48 n. a word of the silver age. Gaston Boissier revue des deux mondes 15 Nov. 1870 traces the power of these informers from Augustus to Domitian. Rein Criminalrecht 817—820 cites authorities from Tiberius to Iustinian. Geib Gesch. d. röm. Criminalprozesses 524 n. 73 collects the laws regulating the rewards of delatores, and discrimi. nates (pp. 350—2) those who came forward to accuse in court from those who simply gave information. The loci classici for the time of Tiberius are Tac, an. 1 73-4. II 27–32. 50. III 25. 38. 44. 49. IV 20–1. 29. 30. 36. 66. 68—9. 71. v. 1 8 3. 3. 4. 7. 18. 30. Suet. Tib. 49. 58. 61. DCass. LvII 19. 21. Sen, de ben, 11 26 § 1 accusandi frequens et paene publica rabies, quae omni civili bello gravius togatam civitatem confecit: excipiebatur ebriorum sermo, simplicitas iocantium. nihil erat tutum. omnis saeviendi placebat occasio. nec iam reorum exspectabatur eventus, cum essct unus. Cf. Dirksen manuale or Brisson. 8. vv. deferre, delatio, delator, delatorius.

70 QUIBUS INDICIBUS, QUO TESTE PROBAVIT? vi 219–220 meruit quo crimine servus | supplicium ? quis testis adest ? quis detulit? where follows the answer 222—3 nil fecerit, esto: , sic volo, sic iubeo : sit pro ratione voluntas; as here bene habet etc. The delator denounces, gives in the name of the accused often by anonymous libelli ; index is an approver or king's evidence, one who betrays his accomplices; such evidence was only received in the case of heinous crimes, as conspiracy, treason, arson, never in cases of repetundae, ambitus etc.; generally indices were of the lower classes, esp. slaves; no senator could be an index: rewards e.g. emancipation, and free pardon were often offered to any who would come forward as indices Geib Crimi. nalprozess 104–6. Rein in Pauly index. (Ascon.] on Cic. divin. in Caec. & 34. For the ablative ind. teste cf. Caes. b. c. 11 18 8 3 haec se certis nuntiis, certis auctoribus comperisse. For the combination of ind. and test. (a slave could not be a testis) cf. Cic. p. Cluent. § 38 nullo teste, nullo indice. Quintil. vii 2 § 54 adulterium obicis: quis testis ? quis index? Tac. an. Ini 10 neque se accusatores, sed rerum indices et testes. ib. IV 28 index idem et testis. ib. xv 55 adiungere crimen, cuius sese pariter indicem et testem faceret. Iustin. xxxII 2 § 9 ad cuius rei probationem inmittit indices, testes subornat. Amm. XXVII 3 & 4 illum dixisse sine indice ullo vel teste. In the case of S. the index was Satrius Secundus (Tac. an. vi 47 coniurationis indice) who had been his creature.

71 NIL HORUM one reading in Cic. p. Cael. § 34, where Orelli has nihil eorum, after a number of questions.

VERBOSA ET GRANDIS EPISTULA VENIT A CAPREIS DCass. LVIII 9 Tiberius wrote to Naevius Sertorius Macro appointing him prefect of the praetorians; he prepared Memmius Regulus one of the consuls (the other was a creature of S.) and Granicus Laco commander of the night police. Meeting S. troubled at not hearing from Tiberius, he privately assured him that the tribunicia potestas was designed for him. When S. had entered the senate-house (in the temple of Apollo Palatinus), Macro dismissed the praetorian guards of S. and the senate to their camp, shewing his commission and promising them a largess. He replaced them by vigiles, delivered the letter to the consuls, and proceeded to the praetorian camp. ib. 10 Meanwhile the letter was read; it was long; no con. tinuous attack on S., but first some other topic, then a few words of censure, then another indifferent matter, then further censure. At the close it declared that two senators connected with S. ought to be punished, and he himself kept in custody. There was no downright sentence of death on S., T. fearing an outbreak. In order to secure himself on the way to Rome, T. summoned one of the consuls to his presence (cf. Tac. an. vi 2. Suet. Tib. 65). Before the letter was read, 8. was greeted with plaudits, and congratulated on the prospect of the tribunicia potestas. As the reading went on, perplexity and confusion seized the senators: praetors and tribunes surrounded S. Regulus called him, but he did not obey; not from contempt, for he was cowed, but from being unused to receive orders. When Regulus a third time, stretching out his hand cried, Seianus, come hither; he meekly asked • Do you call me ? and rose from his seat. The senate with one mouth reviled him: yet because of his many adherents Regulus did not venture to put the question of his condemnation to the general vote, but asked a single senator whether he should be cast into prison; and so with Laco and the other magistrates led him to the carcer. Suet. Tib. 65 spe afinitatis ac tribuniciae potestatis deceptum inopinantem criminatus est pudenda miserandaque oratione. Drusus, son of Germanicus, then in prison at Rome, was to be raised to the throne ducem constitui, if the emergency required it. The style of Tiberius was by nature or habit obscure and hesitating, and especially ambiguous when he desired to conceal his meaning Tac. an. ill. iv 40. exx. of his despatches to the senate ib. 111 35. 47. 52–4. 56. 70 denouncing Sabinus; another thanking the senate for his punishment, and casting suspicion on Agrippina and Nero. v 3—5 against Agrippina and Nero. vi 2-3 against Iunius Gallio and Sextius Paconianus. ib. 6. 7 against Q. Servaeus and Minucius Thermus, the latter a friend of Seianus. ib. 9. 12. 15. 23—4. 25. 29. 47 where it is remarked as an exception nullae in eos imperatoris litterae. Suet. Tib. 67. DCass. LVIII 3 A.D. 30 against Gallus, on the very day that he entertained him at the imperial table. ib. 6 A.D. 31 Seianus kept in alarm by letters against his friends. ib. 8 § 4. 21 § 3 the denunciations sent to Tiberius, and evidence extracted by torture, were passed on to the senate, whose only function was to condemn. ib. 24 & 2.

72 CAPREIS 93 n. BENE HABET Kalos éxel. Mühlmann habeo col. 1055 cites Ter. Phorm. 429 bene habent tibi principia. Cic. Liv. (4). Sen. (2). Add Prop. V=Iv 11 97. VM. v 10 § 2 Aemilius Paulus, who lost two sons shortly after his triumph, had prayed that any misfortune provoked by his excessive prosperity might fall wholly upon his own house; accordingly he bore his bereavement calmly, saying, quapropter bene habet. M. Sen. contr. 34 § 10 p. 329 4 strain the rack stilī tighter, tighter yet: that will do, hold there, bene habet, sic tene.' Stat. Th. xi338. Lact. yıl 1. So bene est. bene agitur. Hieron. adv. Rufin. II 24 bene quod — . NIL PLUS INTERROGO VI 223. Hor. 8. II 3 188 rex sum.' nil ultra quaero plebeius.

73 TURBA REMI The annalist Cassius Hemina in Diomed. 1 p. 384 3 K. 'the shepherds gave Romulus and Remus an equal share in the government. The poets, for the convenience of the metre, often name Remus as founder. Catull. 58 5 magnanimos Remi nepotes. Prop. 11 1 23. v=IV 1 9. 6 80. Pers. 1 73. Sulpic. 19 Remuli alumnos. Stat. 8. II 7 60. v 2 18. Mart. XII 3 6. Prud. c. Symm. II 946. Diodor. Sard. in anth. Pal. ix 219 3 dotu 'Pérolo. cf. Unger anal. Propert. 62 seq.

SEQUITUR FORTUNAM UT SEMPER ET ODIT DAMNATOS the burden of Ovid's works written at Tomi e.g. ex P. 15 84–6.9 15–6. 55. 11 3 5—94. 6 23—4 turpe sequi casum, fortunae cedere amicum, / et nisi sit felix, esse negare suum. tr. 1 5 25—38. Friedländer 13 138-9 has exx. of the terrible consequences of disgrace at

as at

court. See e.g. the entire desertion of Agrippina after she had lost favour with Nero DCass. LXI 8 $ 6. The writings of M. About in 1870 form & lively commentary on this verse.

74 NORTIA Rome, so at Volsinii, in the temple of Nortia, an Etruscan goddess, nails were driven yearly into the wall (Cincius ap. Liv. VII 3 $ 7), a national calendar, and a symbol of the inevitable march of time 0. Müller Etrusker il 329–331. On an Etruscan patera Athrpa (i. e. Atropos, Gr. for Nortia, i.e. ne-vortia Schwenck Rhein. Mus. 1842 p. 446) is seen driving a nail into a wall Müller ib. 331. Several altars and votive stones of Nortia are extant ib. 54: Seianti, Seiantial, Saintial occur as Etruscan names ib. i 418. inscr. by Festus Avienus cir. A. D. 450 in Fabretti p. 742. Wernsdorf-Lemaire p. l. m. v 525 1. 3 Nortia, te veneror lare cretus Vulsiniensi. Tertull. apol. 24 and ad Nat. II 8 cites Volsiniensium Nortia among the gods who took rank in Italy by municipal consecration. Martian. Capell. 1 $ 88 identifies Sors, Nemesis, Tyche, Nortia. So the schol. makes Nortia=Fortuna. Seianus had in his house a statue of Fortune, said to have belonged to Servius Tullius, which turned its back on him just before his fall, as he was offering sacrifice to it DCass. LVIII 7 & 2. Plin. VIII § 197. Henzen suspects the inscr. in Orell. 1854 magnae deae Nortiae.

TUSCO he was born at Vulsinii Tac. an. iv 1. ib. 3 municipali adultero. VỊ 8.

75 SI OPPRESSA FORET SECURA SENECTUS PRINCIPIS Tac. an. iv 1 Seianus so bewitched Tiberius, ut obscurum adversus alios sibi uni incautum intectumque efficeret. Suet. Tib. 65 et oppressa coniuratione Seiani nihilo securior aut constantior; for the next nine months he did not leave his villa Iovis. As early as A.D. 23 S. had plotted the death of Tiberius DCass, LVII 22 § 2 TÒv répovra pớota Meraxelpiciodai. Tiberius, born 16 Nov. 42 B.C., wanted a month and two days of seventy-two years of age. For the expression : the age of the emperor'='the aged emperor' cf. IV 81 venit et Crispi iucunda senectus. Sulpic. 48 sententia dia Catonis.

76 HAC IPSA SEIANUM DICERET HORA AUGUSTUM DCass. LVIII 4 A.D. 30 Seianus had the command of the praetorian guard which was devoted to him, and had won the senate by favours or promises or fear, so that he was regarded as supreme; A. D. 31 he with Tiberius was appointed consul for five years, and both alike, when they came to Rome, were to be received in state. cf. Tac. an. IV 2. Suet. Cal. 12 S. had been suspected of aiming at the throne some time before his fall. Tac. an. III 29 A.D. 20 the daughter of S. is betrothed to the son of Claudius; by which Tiberius polluisse nobilitatem familia videbatur, suspectumque iam nimiae spei Seianum ultra extulisse. ib. iv 1 fin. A. D. 23 summa apiscendi libido;...parando regno, ib. 3 S. removes one by one those who stand between him and the throne, and invites Livia ad coniugii spem, consortium regni. ib. IV 68 A.D. 28 the hopes of S. ib. vi 1 § 3 after the fall of S. Vitellius was accused of having offered the keys of the treasury, of which he was keeper, and the military chest to the conspirators. ib. 8 novissimi consilii .... insidiae in rem publicam, consilia caedis adversum imperatorem. On the instability of popular favour see DCass. Lxv 1 $S 1–2. 77 EX QUO SUFFRAGIA NULLI VENDIMUS on the bribery which corrupted elections in the later years of the republic see Nep. 25 6 § 2 Atticus ab. stained from seeking office because it could not be won without a breach of the laws in tam effusi ambitus largitionibus. Plut. Coriol. 14 § 3. Caes. 28 g 2. Sen. ep. 115 § 10. 118 SS 2-4. App. b. c. 11 19. 23. Luc. i 178— 180 hinc rapti pretio fasces sectorque favoris | ipse sui populus

$ 2.

letalisque ambitus urbi | annua venali referens certamina campo. Petron. 119 39—50 n. nec minor in campo furor est, emptique Qui. rites , ad praedam strepitumque lucri suffragia vertunt. I venalis populus, venalis curia patrum. 1 est favor, in pretio etc. Suet. Caes. 19 Cas. even Cato consented to bribery as against Caesar. More than fifty trials for ambitus are on record. Cicero defended L. Licinius Murena, P. Vatinius, C. Plancius, L. Sempronius Atratinus, M. Cispius, T. Annius filo, P. Sestius, M. Aemilius Scaurus Rein in Pauly 12 840-5. id. röm. Criminalrecht 701---33.

78 EFFUDIT CURAS Sen. de ir. 11 35 8.3. omnemque curam sui effundent. id. ep. 11 & 3 quasi omnem verecundiam effuderint. Caesar (Drumann in 655. 680_4. Höck 1 (1) 191-2. 199–201) assumed the right of recommending candidates for election Cic. Phil. vii 16. ad Att. xiv 5. 6. Suet. 41 who gives one of his circulars. ib. 76. DCass. XLIII 14 8.5. 45 § 1. 46---7. 51 he reserved to himself by a law the nomination of half the magistrates, but in effect chose all. Eutrop. vi 25=20. The form of election was still kept up B.C. 44 Cio. ep. fam. vi 30 & 1. Phil. II SS 79—84. The triumvirs received from the comitia the power of nomination App. b. c. IV 2. v 73. DCass. XLVI 55° 8 3. XLVII 2 8 1. 15. XLVII 35. 53. Augustus (Höck 1 (1) 410—1) made a show of canvassing for his friends and voted as a citizen, but in fact appointed whom he would Suet. 40. 56. DCass. LII 20. 30

LIII 21 SS 6---7. LV 34 8 2. LVI 40 $ 4. The first work of Tiberius (Höck 1 (3) 51-5) as emperor A.D. 14 was that ordinatio comitiorum, quam manu sua scriptam divus Augustus reliquerat (Vell. 1 124 $ 3, who with his brother were praetors, candidati Caesaris, the last who were nominated by Augustus, and the first by Tiberius ib. & 4). Tac. an. i 15 Lips, exc. E 'then first were the elections transferred from the Campus to the senate: for to that day, though matters of importance were done by the will of the princeps, yet something was left to the inclination of the tribes. nor did the people complain of the loss of its rights except with an empty outcry, while the senate, released from the necessity of bribes and degrading entreaties, willingly accepted the boon, Tiberius limiting himself to the recommendation of four candidates, sine repulsa et ambitu designandos.' ib. 81. II 36. iv 6. DCass. Lvu 20 Fabric. the magis. trates were still for show presented to the people. DCass. LIX 9 88 6-7 A.D. 38 Gaius (Caligula) restored the elections to the centuries and tribes, to the alarm of all men of sense. ib. 20 SS 3-5 A.D. 39 owing to the lukewarmness of the voters, and lack of candidates, he revoked the boon. The people still however assembled, and the new magistrates, after the usual prayers and other ceremonies, were proclaimed by a magistrate and herald Suet. Dom. 19. Plin. ep. 111 20 a lively picture of contested elections in the senate. id. pan. 92 Trajan voted for Pliny in the senate and proclaimed him in the Campus. Capitolin. M. Ant. phil. 10 § 2 M. Aurelius comitiis usque ad noctem frequenter interfuit. Vopisc. Tac. 7 882—3. In the third century the lex Iulia de ambitu was dormant in the city dig. XLVIII 14 pr. quia ad curam principis magistratuum creatio pertinet, non ad populi favorem. cf. Rein in Pauly 11 558–60. On candidati Caesaris see H. F. Stobbe in Philologus xxvII 88. XXVIII 648700. The courtiers of the empire exult in the loss of freedom Vell. 11 126 § 2 semota e fora seditio, ambitio campo. Symm., Francof. 1816, laudes in patres 3 p. 40 let us compare our present state with antiquity. illa tribus evocet libertina ac plebeia faece pollutas, nos patricios favi. sores; classes illa, nos principes. The voters of our day are what the candidates were of old. intellegamus nostri saeculi bona ; abest cera turpis, JUV, II.


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diribitio corrupta clientelarum cuneis, sitella venalis. inter senatum et principes comitia transiguntur, Auson. grat. act. § 13 consul ego, impe. rator Auguste, munere tuo, non passus saepta neque campum, non suffragia, non puncta, non loculos . nihil cum sequestre deposui, cum diribitore nil pepigi. Amm. XIV 6 8 6 the tribes have long enjoyed leisure and the centuries peace, there are no contests of votes, but the security of Numa's age has returned.' Mamertin. grat. act. Iulian. 16 seq. QUI DABAT OLIM IMPERIUM FASCES LEGIONES OMNIA, NUNC OPTAT PANEM Claud. bell. Gild. 96—103 ille diu miles populus, qui praefuit orbi, | qui trabeas et sceptrą dabat. . | nunc inhonorus, egens : . | obsessi discrimen habet .. .. dubitandaque pauci | praescribunt alimenta dies, Africa being in the enemy's hand.

79 IMPERIUM FASCES dictatorships, consulships, praetorships, provincial governorships. FASCES 35. v 110. VIII 260. Hor. ep. 1 6 53 of an influential elector cui libet hic fasces dabit. Lucr. III 9954-7 petere a populo fasces. petere imperium. From the beginning of the republic the consul used to lower his fasces before the people, a confession that his majesty was inferior to theirs Liv. II 7 8 7. VM. IV 1 $ 1. command of armies in the field; also military tribunates, two thirds of which were assigned by vote Liv. VII 5 $ 9. IX 30 g 3. enumeration of several particulars is often closed by alia, cetera, omnia, reliqua, without et Madvig $ 434 n. 1. Kritz on Sall. C. 30 g 4. So tälla. mávra Tolaûra Heind. on Plat. Gorg. 507d. Our et cetera is rare Phaedr. IV 4 36 vestem uniones pedisequos et cetera. 80–1 DUAS TANTUM RES ANXIUS OPTAT PANEM ET CIRCENSES VII 174 n, the importation of corn from Sardinia, Sicily, provincial Africa and Egypt, with the regulation of the market price and the free gifts of corn or money, to which the dangerous city population (containing more than half a million of paupers) was accustomed, caused a great drain on the state exchequer Höck 1 (2) 138–144. In the monumentum Ancyranum c. 15 Augustus records his generosity in this matter, as in that of games (cf. Höck ib. 144—5) c. 22 see Mommsen ad locc. Tac. an. 1 2 populum annona... pellexit. ib. xv 36 A.D. 64 Nero abandoned the intention of making a tour through the East: haec .... plebi volentia fuere voluptatum cupidine, et quae praecipua cura est, rei frumentariae angustias, si abesset, metuenti. id. hist. IV 38 A.D. 70 false rumours of an insurrection in Africa, when the corn fleet was detained by stress of weather, volgus alimenta in dies mercari solitum, cui una ex re publica annonae cura. See Lips. elect. 1 8. admirand. 11 10. Marquardt III 2 87-108. Mommsen die röm. Tribus 178—201. Rein in Pauly 12 1031—3 annona. IV 777–783 largitio frumentaria. 0. Hirschfeld in Philologus XXIX 1—96 on the administration of the corn supply. Mommsen in Hermes IV 364—370 on the praefecti frumenti dandi. The combination panem et circenses was proverbial. cf. Ios. ant. xix 1 § 16 some regretted the death of Gaius (Caligula), being captivated, as the manner of the vulgar is, with spectacles, and exhibitio of gladiators and distributions of meat.' DChrys. or. 32 1 668 is reported that some one once exclaimed: What can one say of the populace of Alexandria, who only need to have bread in good store provided for them, and a spectacle of horses, as caring for nothing else ?' Fronto princ. hist. ad fin. p. 210 Naber 'It appears to be a consummate stroke of policy in the emperor not to neglect even actors and the other players of stage or circus or amphitheatre, as knowing populum Romanum duqbus praecipue rebus, annona et spectaculis, teneri: imperium non

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