The History of Rome (Volumes 1-5)

by Theodor Mommsen

They only regretted that the possession of that beautiful island was not enough to convert the western waters into a Roman inland sea, so long as Sardinia still remained Carthaginian. Soon, however, after the conclusion of the peace there appeared an unexpected prospect of wresting from the Carthaginians this second island of the Mediterranean. In Africa, immediately after peace had been concluded with Rome, the mercenaries and the subjects of the Phoenicians joined in a common revolt. The blame of the dangerous insurrection was mainly chargeable on the Carthaginian government. In the last years of the war Hamilcar had not been able to pay his Sicilian mercenaries as formerly from his own resources, and he had vainly requested that money might be sent to him from home; he might, he was told, send his forces to Africa to be paid off. He obeyed; but as he knew the men, he prudently embarked them in small subdivisions, that the authorities might pay them off by troops or might at least separate them, and thereupon he laid down his command. But all his precautions were thwarted not so much by the emptiness of the exchequer, as by the collegiate method of transacting business and the folly of the bureaucracy. They waited till the whole army was once more united in Libya, and then endeavoured to curtail the pay promised to the men. Of course a mutiny broke out among the troops, and the hesitating and cowardly demeanour of the authorities showed the mutineers what they might dare. Most of them were natives of the districts ruled by, or dependent on, Carthage; they knew the feelings which had been provoked throughout these districts by the slaughter decreed by the government after the expedition of Regulus(1) and by the fearful pressure of taxation, and they knew also the character of their government, which never kept faith and never pardoned; they were well aware of what awaited them, should they disperse to their homes with pay exacted by mutiny. The Carthaginians had for long been digging the mine, and they now themselves supplied the men who could not but explode it. Like wildfire the revolution spread from garrison to garrison, from village to village; the Libyan women contributed their ornaments to pay the wages of the mercenaries; a number of Carthaginian citizens, amongst whom were some of the most distinguished officers of the Sicilian army, became the victims of the infuriated multitude; Carthage was already besieged on two sides, and the Carthaginian army marching out of the city was totally routed in consequence of the blundering of its unskilful leader.

When the Romans thus saw their hated and still dreaded foe involved in a greater danger than any ever brought on that foe by the Roman wars, they began more and more to regret the conclusion of the peace of 513 —which, if it was not in reality precipitate, now at least appeared so to all—and to forget how exhausted at that time their own state had been and how powerful had then been the standing of their Carthaginian rival. Shame indeed forbade their entering into communication openly with the Carthaginian rebels; in fact, they gave an exceptional permission to the Carthaginians to levy recruits for this war in Italy, and prohibited Italian mariners from dealing with the Libyans. But it may be doubted whether the government of Rome was very earnest in these acts of friendly alliance; for, in spite of them, the dealings between the African insurgents and the Roman mariners continued, and when Hamilcar, whom the extremity of the peril had recalled to the command of the Carthaginian army, seized and imprisoned a number of Italian captains concerned in these dealings, the senate interceded for them with the Carthaginian government and procured their release. The insurgents themselves appeared to recognize in the Romans their natural allies. The garrisons in Sardinia, which like the rest of the Carthaginian army had declared in favour of the insurgents, offered the possession of the island to the Romans, when they saw that they were unable to hold it against the attacks of the un-conquered mountaineers of the interior (about 515); and similar offers came even from the community of Utica, which had likewise taken part in the revolt and was now hard pressed by the arms of Hamilcar. The latter suggestion was declined by the Romans, chiefly doubtless because its acceptance would have carried them beyond the natural boundaries of Italy and therefore farther than the Roman government was then disposed to go; on the other hand they entertained the offers of the Sardinian mutineers, and took over from them the portion of Sardinia which had been in the hands of the Carthaginians (516). In this instance, even more than in the affair of the Mamertines, the Romans were justly liable to the reproach that the great and victorious burgesses had not disdained to fraternize and share the spoil with a venal pack of mercenaries, and had not sufficient self-denial to prefer the course enjoined by justice and by honour to the gain of the moment. The Carthaginians, whose troubles reached their height just about the period of the occupation of Sardinia, were silent for the time being as to the unwarrantable violence; but, after this peril had been, contrary to the expectations and probably contrary to the hopes of the Romans, averted by the genius of Hamilcar, and Carthage had been reinstated to her full sovereignty in Africa (517), Carthaginian envoys immediately appeared at Rome to require the restitution of Sardinia. But the Romans, not inclined to restore their booty, replied with frivolous or at any rate irrelevant complaints as to all sorts of injuries which they alleged that the Carthaginians had inflicted on the Roman traders, and hastened to declare war;(2) the principle, that in politics power is the measure of right, appeared in its naked effrontery. Just resentment urged the Carthaginians to accept that offer of war; had Catulus insisted upon the cession of Sardinia five years before, the war would probably have pursued its course. But now, when both islands were lost, when Libya was in a ferment, and when the state was weakened to the utmost by its twenty-four years' struggle with Rome and the dreadful civil war that had raged for nearly five years more, they were obliged to submit It was only after repeated entreaties, and after the Phoenicians had bound themselves to pay to Rome a compensation of 1200 talents (292,000 pounds) for the warlike preparations which had been wantonly occasioned, that the Romans reluctantly desisted from war. Thus the Romans acquired Sardinia almost without a struggle; to which they added Corsica, the ancient possession of the Etruscans, where perhaps some detached Roman garrisons still remained over from the last war.(3) In Sardinia, however, and still more in the rugged Corsica, the Romans restricted themselves, just as the Phoenicians had done, to an occupation of the coasts. With the natives in the interior they were continually engaged in war or, to speak more correctly, in hunting them like wild beasts; they baited them with dogs, and carried what they captured to the slave market; but they undertook no real conquest. They had occupied the islands not on their own account, but for the security of Italy. Now that the confederacy possessed the three large islands, it might call the Tyrrhene Sea its own.

Method of Administration in the Transmarine Possessions
Provincial Praetors

The acquisition of the islands in the western sea of Italy introduced into the state administration of Rome a distinction, which to all appearance originated in mere considerations of convenience and almost accidentally, but nevertheless came to be of the deepest importance for all time following—the distinction between the continental and transmarine forms of administration, or to use the appellations afterwards current, the distinction between Italy and the provinces. Hitherto the two chief magistrates of the community, the consuls, had not had any legally defined sphere of action; on the contrary their official field extended as far as the Roman government itself. Of course, however, in practice they made a division of functions between them, and of course also they were bound in every particular department of their duties by the enactments existing in regard to it; the jurisdiction, for instance, over Roman citizens had in every case to be left to the praetor, and in the Latin and other autonomous communities the existing treaties had to be respected. The four quaestors who had been since 487 distributed throughout Italy did not, formally at least, restrict the consular authority, for in Italy, just as in Rome, they were regarded simply as auxiliary magistrates dependent on the consuls. This mode of administration appears to have been at first extended also to the territories taken from Carthage, and Sicily and Sardinia to have been governed for some years by quaestors under the superintendence of the consuls; but the Romans must very soon have become practically convinced that it was indispensable to have superior magistrates specially appointed for the transmarine regions. As they had been obliged to abandon the concentration of the Roman jurisdiction in the person of the praetor as the community became enlarged, and to send to the more remote districts deputy judges,(4) so now (527) the concentration of administrative and military power in the person of the consuls had to be abandoned. For each of the new transmarine regions—viz. Sicily, and Sardinia with Corsica annexed to it—there was appointed a special auxiliary consul, who was in rank and title inferior to the consul and equal to the praetor, but otherwise was—like the consul in earlier times before the praetorship was instituted—in his own sphere of action at once commander-in-chief, chief magistrate, and supreme judge. The direct administration of finance alone was withheld from these new chief magistrates, as from the first it had been withheld from the consuls;(5) one or more quaestors were assigned to them, who were in every way indeed subordinate to them, and were their assistants in the administration of justice and in command, but yet had specially to manage the finances and to render account of their administration to the senate after having laid down their office.

Organization of the Provinces
-Commercium-
Property
Autonomy

This difference in the supreme administrative power was the essential distinction between the transmarine and continental possessions. The principles on which Rome had organized the dependent lands in Italy, were in great part transferred also to the extra-Italian possessions. As a matter of course, these communities without exception lost independence in their external relations. As to internal intercourse, no provincial could thenceforth acquire valid property in the province out of the bounds of his own community, or perhaps even conclude a valid marriage. On the other hand the Roman government allowed, at least to the Sicilian towns which they had not to fear, a certain federative organization, and probably even general Siceliot diets with a harmless right of petition and complaint.(6) In monetary arrangements it was not indeed practicable at once to declare the Roman currency to be the only valid tender in the islands; but it seems from the first to have obtained legal circulation, and in like manner, at least as a rule, the right of coining in precious metals seems to have been withdrawn from the cities in Roman Sicily.(7) On the other hand not only was the landed property in all Sicily left untouched—the principle, that the land out of Italy fell by right of war to the Romans as private property, was still unknown to this century—but all the Sicilian and Sardinian communities retained self- administration and some sort of autonomy, which indeed was not assured to them in a way legally binding, but was provisionally allowed. If the democratic constitutions of the communities were everywhere set aside, and in every city the power was transferred to the hands of a council representing the civic aristocracy; and if moreover the Sicilian communities, at least, were required to institute a general valuation corresponding to the Roman census every fifth year; both these measures were only the necessary sequel of subordination to the Roman senate, which in reality could not govern with Greek —ecclesiae—, or without a view of the financial and military resources of each dependent community; in the various districts of Italy also the same course was in both respects pursued.

Tenths and Customs
Communities Exempted

But, side by side with this essential equality of rights, there was established a distinction, very important in its effects, between the Italian communities on the one hand and the transmarine communities on the other. While the treaties concluded with the Italian towns imposed on them a fixed contingent for the army or the fleet of the Romans, such a contingent was not imposed on the transmarine communities, with which no binding paction was entered into at all, but they lost the right of arms,(8) with the single exception that they might be employed on the summons of the Roman praetor for the defence of their own homes. The Roman government regularly sent Italian troops, of the strength which it had fixed, to the islands; in return for this, a tenth of the field-produce of Sicily, and a toll of 5 per cent on the value of all articles of commerce exported from or imported into the Sicilian harbours, were paid to Rome. To the islanders these taxes were nothing new. The imposts levied by the Persian great-king and the Carthaginian republic were substantially of the same character with that tenth; and in Greece also such a taxation had for long been, after Oriental precedent, associated with the -tyrannis- and often also with a hegemony. The Sicilians had in this way long paid their tenth either to Syracuse or to Carthage, and had been wont to levy customs-dues no longer on their own account. "We received," says Cicero, "the Sicilian communities into our clientship and protection in such a way that they continued under the same law under which they had lived before, and obeyed the Roman community under relations similar to those in which they had obeyed their own rulers." It is fair that this should not be forgotten; but to continue an injustice is to commit injustice. Viewed in relation not to the subjects, who merely changed masters, but to their new rulers, the abandonment of the equally wise and magnanimous principle of Roman statesmanship—viz., that Rome should accept from her subjects simply military aid, and never pecuniary compensation in lieu of it—was of a fatal importance, in comparison with which all alleviations in the rates and the mode of levying them, as well as all exceptions in detail, were as nothing. Such exceptions were, no doubt, made in various cases. Messana was directly admitted to the confederacy of the -togati-, and, like the Greek cities in Italy, furnished its contingent to the Roman fleet. A number of other cities, while not admitted to the Italian military confederacy, yet received in addition to other favours immunity from tribute and tenths, so that their position in a financial point of view was even more favourable than that of the Italian communities. These were Segesta and Halicyae, which were the first towns of Carthaginian Sicily that joined the Roman alliance; Centuripa, an inland town in the east of the island, which was destined to keep a watch over the Syracusan territory in its neighbourhood;(9) Halaesa on the northern coast, which was the first of the free Greek towns to join the Romans, and above all Panormus, hitherto the capital of Carthaginian, and now destined to become that of Roman, Sicily. The Romans thus applied to Sicily the ancient principle of their policy, that of subdividing the dependent communities into carefully graduated classes with different privileges; but, on the average, the Sardinian and Sicilian communities were not in the position of allies but in the manifest relation of tributary subjection.

Italy and the Provinces

It is true that this thorough distinction between the communities that furnished contingents and those that paid tribute, or at least did not furnish contingents, was not in law necessarily coincident with the distinction between Italy and the provinces. Transmarine communities might belong to the Italian confederacy; the Mamertines for example were substantially on a level with the Italian Sabellians, and there existed no legal obstacle to the establishment even of new communities with Latin rights in Sicily and Sardinia any more than in the country beyond the Apennines. Communities on the mainland might be deprived of the right of bearing arms and become tributary; this arrangement was already the case with certain Celtic districts on the Po, and was introduced to a considerable extent in after times. But, in reality, the communities that furnished contingents just as decidedly preponderated on the mainland as the tributary communities in the islands; and while Italian settlements were not contemplated on the part of the Romans either in Sicily with its Hellenic civilization or in Sardinia, the Roman government had beyond doubt already determined not only to subdue the barbarian land between the Apennines and the Alps, but also, as their conquests advanced, to establish in it new communities of Italic origin and Italic rights. Thus their transmarine possessions were not merely placed on the footing of land held by subjects, but were destined to remain on that footing in all time to come; whereas the official field recently marked off by law for the consuls, or, which is the same thing, the continental territory of the Romans, was to become a new and more extended Italy, which should reach from the Alps to the Ionian sea. In the first instance, indeed, this essentially geographical conception of Italy was not altogether coincident with the political conception of the Italian confederacy; it was partly wider, partly narrower. But even now the Romans regarded the whole space up to the boundary of the Alps as -Italia-, that is, as the present or future domain of the -togati- and, just as was and still is the case in North America, the boundary was provisionally marked off in a geographical sense, that the field might be gradually occupied in a political sense also with the advance of colonization.(10)