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The Law of Civilization and Decay

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The customs, according to which the coloni held, were infinitely varied; they differed not only between estates, but between the hands on the same estate. On the whole, however, the life must have been hard, for the serfs of the Empire did not multiply, and the scarcity of rural labour became a chronic disease.

Yet, relatively, the position of the colonus was good, for his wife and children were his own; slavery was the ulcer which ate into the flesh, and the Roman fiscal system, coupled as it was with usury, was calculated to enslave all but the oligarchy who made the laws.

The taxes of the provinces were assessed by the censors and then sold for cash to the publicans, who undertook the collection. Italy was at first exempted, but after her bankruptcy she shared the common fate. Companies were formed to handle these ventures. The knights usually subscribed the capital and divided the profits, which corresponded with the severity of their administration; and, as the Roman conquests extended, these companies grew too powerful to be controlled. The only officials in a position to act were the provincial governors, who were afraid to interfere, and preferred to share in the gains of the traffic, rather than to run the risk of exciting the wrath of so dangerous an enemy.49

According to Pliny the collection of a rent in money had become impossible in the reign of Trajan. The reason was that with a contracting currency prices of produce fell, and each year’s crop netted less than that of the year before; therefore a rent moderate in one decade was extortionate in the next. But taxes did not fall with the fall in values; on the contrary, the tendency of centralization is always toward a more costly administration. Under Augustus, one emperor with a moderate household sufficed; but in the third century Diocletian found it necessary to reorganize the government under four Cæsars, and everything became specialized in the same proportion.

In this way the people were caught between the upper and the nether millstone. The actual quantity of bullion taken from them was greater, the lower prices of their property fell, and arrears of taxes accumulated precisely as Pliny described the accumulation of arrears of rent. These arrears were carried over from reign to reign, and even from century to century; and Petronius, the father-in-law of Valens, is said to have precipitated the rebellion of Procopius, by exacting the tribute unpaid since the death of Aurelian a hundred years before.

The processes employed in the collection of the revenue were severe. Torture was freely used,50 and slavery was the fate of defaulters. Armed with such power, the publicans held debtors at their mercy. Though usury was forbidden, the most lucrative part of the trade was opening accounts with the treasury, assuming debts, and charging interest sometimes as high as fifty per cent. Though, as prices fell, the pressure grew severer, the abuses of the administration were never perhaps worse than toward the end of the Republic. In his oration against Verres, Cicero said the condition of the people had become intolerable: “All the provinces are in mourning, all the nations that are free are complaining; every kingdom is expostulating with us about our covetousness and injustice.”51

The well-known transactions of Brutus are typical of what went on wherever the Romans marched. Brutus lent the Senate of Salaminia at forty-eight per cent a year. As the contract was illegal, he obtained two decrees of the Senate at Rome for his protection, and then to enforce payment of his interest, Scaptius, his man of business, borrowed from the governor of Cilicia a detachment of troops. With this he blockaded the Senate so closely that several members starved to death. The Salaminians, wanting at all costs to free themselves from such a load, offered to pay off both interest and capital at once; but to this Brutus would not consent, and to impose his own terms upon the province he demanded from Cicero more troops, “only fifty horse.”52

When at last, by such proceedings, the debtors were so exhausted that no torment could wring more from them, they were sold as slaves; Nicodemus, king of Bithynia, on being reproached for not furnishing his contingent of auxiliaries, replied that all his able-bodied subjects had been taken by the farmers of the revenue.53 Nor, though the administration doubtless was better regulated under the Empire than under the Republic, did the oppression of the provinces cease. Juvenal, who wrote about 100, implored the young noble taking possession of his government to put some curb upon his avarice, “to pity the poverty of the allies. You see the bones of kings sucked of their very marrow.”54 And though the testimony of Juvenal may be rejected as savouring too much of poetical licence, Pliny must always be treated with respect. When Maximus was sent to Achaia, Pliny thought it well to write him a long letter of advice, in which he not only declared that to wrest from the Greeks the shadow of liberty left them would be “durum, ferum, barbarumque;” but adjured him to try to remember what each city had been, and not to despise it for what it was.55

Most impressive, perhaps, of all, is the statement of Dio Cassius that the revolt led by Boadicea in Britain in 61 A.D., which cost the Romans seventy thousand lives, was provoked by the rapacity of Seneca, who, having forced a loan of ten million drachmas ($1,670,000) on the people at usurious interest, suddenly withdrew his money, thereby inflicting intense suffering.56 As Pliny said with bitterness and truth, “The arts of avarice were those most cultivated at Rome.”57

The stronger type exterminated the weaker; the money-lender killed out the husbandman; the race of soldiers vanished, and the farms, whereon they had once flourished, were left desolate. To quote the words of Gibbon: “The fertile and happy province of Campania … extended between the sea and the Apennines from the Tiber to the Silarus. Within sixty years after the death of Constantine, and on the evidence of an actual survey, an exemption was granted in favour of three hundred and thirty thousand English acres of desert and uncultivated land; which amounted to one-eighth of the whole surface of the province.”58

It is true that Gibbon, in this paragraph, described Italy as she was in the fourth century, just before the barbarian invasions, but a similar fate had overtaken the provinces under the Cæsars. In the reign of Domitian, according to Plutarch, Greece had been almost depopulated.

 

“She can with much difficulty raise three thousand men, which number the single city of Megara sent heretofore to the battle of Platæa… For of what use would the oracle be now, which was heretofore at Tegyra or at Ptous? For scarcely shall you meet, in a whole day’s time, with so much as a herdsman or shepherd in those parts.”59

Wallon has observed that Rome, “in the early times of the Republic, was chiefly preoccupied with having a numerous and strong population of freemen. Under the Empire she had but one anxiety – taxes.”60

To speak with more precision, force changed the channel through which it operated. Native farmers and native soldiers were needless when such material could be bought cheaper in the North or East. With money the cohorts could be filled with Germans; with money, slaves and serfs could be settled upon the Italian fields; and for the last century, before the great inroads began, one chief problem of the imperial administration was the regulation of the inflow of new blood from without, lacking which the social system must have collapsed.

The later campaigns on the Rhine and the Danube were really slave-hunts on a gigantic scale. Probus brought back sixteen thousand men from Germany, “the bravest and most robust of their youth,” and distributed them in knots of fifty or sixty among the legions. “Their aid was now become necessary… The infrequency of marriage, and the ruin of agriculture, affected the principles of population; and not only destroyed the strength of the present, but intercepted the hope of future generations.”61

His importations of agricultural labour were much more considerable. In a single settlement in Thrace, Probus established one hundred thousand Bastarnæ; Constantius Chlorus is said to have made Gaul flourish by the herds of slaves he distributed among the landlords; in 370, large numbers of Alemanni were planted in the valley of the Po, and on the vast spaces of the public domain there were barbarian villages where the native language and customs were preserved.

Probably none of these Germans came as freemen. Many, of course, were captives sold as slaves, but perhaps the majority were serfs. Frequently a tribe, hard pressed by enemies, asked leave to pass the frontier, and settle as tributaries, that is to say as coloni. On one such occasion Constantius II. was nearly murdered. A body of Limigantes, who had made a raid, surrendered, and petitioned to be given lands at any distance, provided they might have protection. The emperor was delighted at the prospect of such a harvest of labourers, to say nothing of recruits, and went among them to receive their submission. Seeing him alone, the barbarians attacked him, and he escaped with difficulty. His troops slaughtered the Germans to the last man.

This unceasing emigration gradually changed the character of the rural population, and a similar alteration took place in the army. As early as the time of Cæsar, Italy was exhausted; his legions were mainly raised in Gaul, and as the native farmers sank into serfdom or slavery, and then at last vanished, recruits were drawn more and more from beyond the limits of the Empire. At first they were taken singly, afterwards in tribes and nations, so that, when Aëtius defeated Attila at Châlons, the battle was fought by the Visigoths under Theodoric, and the equipment of the Romans and Huns was so similar that when drawn up the lines “presented the image of civil war.”

This military metamorphosis indicated the extinction of the martial type, and it extended throughout society. Rome not only failed to breed the common soldier, she also failed to produce generals. After the first century, the change was marked. Trajan was a Spaniard, Septimius Severus an African, Aurelian an Illyrian peasant, Diocletian a Dalmatian slave, Constantius Chlorus a Dardanian noble, and the son of Constantius, by a Dacian woman, was the great Constantine.

All these men were a peculiar species of military adventurer, for they combined qualities which made them, not only effective chiefs of police, but acceptable as heads of the civil bureaucracy, which represented capital. Severus was the type, and Severus has never been better described than by Machiavelli, who said he united the ferocity of the lion to the cunning of the fox. This bureaucracy was the core of the consolidated mass called the Empire; it was the embodiment of money, the ultimate expression of force, and it recognized and advanced men who were adapted to its needs. When such men were to be found, the administration was thought good; but when no one precisely adapted for the purple appeared, and an ordinary officer had to be hired to keep the peace, friction was apt to follow, and the soldier, even though of the highest ability, was often removed. Both Stilicho and Aëtius were murdered.

The monied oligarchy which formed this bureaucracy was a growth as characteristic of the high centralization of the age, as a sacred caste is characteristic of decentralization. Perhaps the capitalistic class of the later Empire has been better understood and appreciated by Fustel de Coulanges than by any other historian.

“All the documents which show the spirit of the epoch show that this noblesse was as much honoured by the government as respected by the people… It was from it that the imperial government chose ordinarily its high functionaries.”

These functionaries were not sought among the lower classes. The high offices were not given as a reward of long and faithful service; they belonged by prescriptive right to the great families. The Empire made the wealthy, senators, prætors, consuls, and governors; all dignities, except only the military, were practically hereditary in the opulent class.

“This class is rich and the government is poor. This class is mistress of the larger part of the soil; it is in possession of the local dignities, of the administrative and judicial functions. The government has only the appearance of power, and an armed force which is continually diminishing…

“The aristocracy had the land, the wealth, the distinction, the education, ordinarily the morality of existence; it did not know how to fight and to command. It withdrew itself from military service; more than that, it despised it. It was one of the characteristic signs of this society to have always placed the civil functions not on a level with, but much above, the grades of the army. It esteemed much the profession of the doctor, of the professor, of the advocate; it did not esteem that of the officer and the soldier, and left it to men of low estate.”62

This supremacy of the economic instinct transformed all the relations of life, the domestic as well as the military. The family ceased to be a unit, the members of which cohered from the necessity of self-defence, and became a business association. Marriage took the form of a contract, dissoluble at the will of either party, and, as it was somewhat costly, it grew rare. As with the drain of their bullion to the East, which crushed their farmers, the Romans were conscious, as Augustus said, that sterility must finally deliver their city into the hand of the barbarians.63 They knew this and they strove to avert their fate, and there is little in history more impressive than the impotence of the ancient civilization in its conflict with nature. About the opening of the Christian era the State addressed itself to the task. Probably in the year 4 A.D., the emperor succeeded in obtaining the first legislation favouring marriage, and this enactment not proving effective, it was supplemented by the famous Leges Julia and Papia Poppæa of the year 9. In the spring, at the games, the knights demanded the repeal of these laws, and then Augustus, having called them to the Forum, made them the well-known speech, whose violence now seems incredible. Those who were single were the worst of criminals, they were murderers, they were impious, they were destroyers of their race, they resembled brigands or wild beasts. He asked the equites if they expected men to start from the ground to replace them, as in the fable; and declared in bitterness that while the government liberated slaves for the sole purpose of keeping up the number of citizens, the children of the Marcii, of the Fabii, of the Valerii, and the Julii, let their names perish from the earth.64

In vain celibacy was made almost criminal. In vain celibates were declared incapable of inheriting, while fathers were offered every bribe, were preferred in appointments to office, were even given the choice seats at games; in the words of Tacitus, “not for that did marriage and children increase, for the advantages of childlessness prevailed.”65 All that was done was to breed a race of informers, and to stimulate the lawyers to fresh chicane.66

When wealth became force, the female might be as strong as the male; therefore she was emancipated. Through easy divorce she came to stand on an equality with the man in the marriage contract. She controlled her own property, because she could defend it; and as she had power, she exercised political privileges. In the third century Julia Domna, Julia Mamæa, Soæmias, and others, sat in the Senate, or conducted the administration.

The evolution of this centralized society was as logical as every other work of nature. When force reached the stage where it expressed itself exclusively through money, the governing class ceased to be chosen because they were valiant or eloquent, artistic, learned, or devout, and were selected solely because they had the faculty of acquiring and keeping wealth. As long as the weak retained enough vitality to produce something which could be absorbed, this oligarchy was invincible; and for very many years after the native peasantry of Gaul and Italy had perished under the load, new blood injected from more tenacious races kept the dying civilization alive.

 

The weakness of the monied class lay in their very power, for they not only killed the producer, but in the strength of their acquisitiveness they failed to propagate themselves. The State feigned to regard marriage as a debt, and yet the opulent families died out. In the reign of Augustus all but fifty of the patrician houses had become extinct, and subsequently the emperor seemed destined to remain the universal heir through bequests of the childless.

With the peasantry the case was worse. By the second century barbarian labour had to be imported to till the fields, and even the barbarians lacked the tenacity of life necessary to endure the strain. They ceased to breed, and the population dwindled. Then, somewhat suddenly, the collapse came. With shrinking numbers, the sources of wealth ran dry, the revenue failed to pay the police, and on the efficiency of the police the life of this unwarlike civilization hung.

In early ages every Roman had been a land-owner, and every land-owner had been a soldier, serving without pay. To fight had been as essential a part of life as to plough. But by the fourth century military service had become commercial; the legions were as purely an expression of money as the bureaucracy itself.

From the time of the Servian constitution downward, the change in the army had kept pace with the acceleration of movement which caused the economic competition that centralized the State. Rome owed her triumphs over Hannibal and Pyrrhus to the valour of her infantry, rather than to the genius of her generals; but from Marius the census ceased to be the basis of recruitment, and the rich refused to serve in the ranks.

This was equivalent in itself to a social revolution; for, from the moment when the wealthy succeeded in withdrawing themselves from service, and the poor saw in it a trade, the citizen ceased to be a soldier, and the soldier became a mercenary. From that time the army could be used for “all purposes, provided that they could count on their pay and their booty.”67

The administration of Augustus organized the permanent police, which replaced the mercenaries of the civil wars, and this machine was the greatest triumph and the crowning glory of capital. Dio Cassius has described how the last vestige of an Italian army passed away. Up to the time of Severus it had been customary to recruit the Prætorians either from Italy itself, from Spain, Macedonia, or other neighbouring countries, whose population had some affinity with that of Latium. Severus, after the treachery of the guard to Pertinax, disbanded it, and reorganized a corps selected from the bravest soldiers of the legions. These men were a horde of barbarians, repulsive to Italians in their habits, and terrible to look upon.68 Thus a body of wage-earners, drawn from the ends of the earth, was made cohesive by money. For more than four hundred years this corps of hirelings crushed revolt within the Empire, and regulated the injection of fresh blood from without, with perfect promptitude and precision; nor did it fail in its functions while the money which vitalized it lasted.

But a time came when the suction of the usurers so wasted the life of the community that the stream of bullion ceased to flow from the capital to the frontiers; then, as the sustaining force failed, the line of troops along the Danube and the Rhine was drawn out until it broke, and the barbarians poured in unchecked.

The so-called invasions were not conquests, for they were not necessarily hostile; they were only the logical conclusion of a process which had been going on since Trajan. When the power to control the German emigration decayed, it flowed freely into the provinces.

By the year 400 disintegration was far advanced; the Empire was crumbling, not because it was corrupt or degenerate, but because the most martial and energetic race the world had ever seen had been so thoroughly exterminated by men of the economic type of mind, that petty bands of sorry adventurers might rove whither they would, on what had once been Roman soil, without meeting an enemy capable of facing them, save other adventurers like themselves. Goths, not Romans, defeated Attila at Châlons.

The Vandals, who, in the course of twenty years, wandered from the Elbe to the Atlas, were not a nation, not an army, not even a tribe, but a motley horde of northern barbarians, ruined provincials, and escaped slaves – a rabble whom Cæsar’s legions would have scattered like chaff, had they been as many as the sands of the shore; and yet when Genseric routed Boniface and sacked Carthage, in 439, he led barely fifty thousand fighting men.

49Organisation Financière chez les Romains, Marquardt, 240; Les Manieurs d’Argent à Rome, Deloume, 377.
50See Decline and Fall, ch. xvii.
51In C. Verrem, IV. lxxxix.
52Cicero’s Letters, Ad Att. vi. 2; also Ad Att. v. 21, and vi. 1.
53Diod. xxxvi. 3. See also Histoire de l’Esclavage, Wallon, ii. 42, 44.
54Satire, viii. 89, 90.
55Letters, viii. 24.
56Dio Cassius, lxii. 2.
57Nat. Hist., xiv., Proœmium.
58Decline and Fall, ch. xvii.
59Morals, Trans. of 1718, 4, 11.
60Histoire de l’Esclavage, iii. 268.
61Decline and Fall, ch. xii.
62L’Invasion Germanique, 200, 204, 223.
63Dio Cassius, lvi. 7.
64Dio Cassius, lvi. 5–8.
65Ann., iii. 25.
66Ibid., xxviii. Latin literature is full of references to these famous laws. Tacitus, Pliny, Juvenal, and Martial constantly speak of them. There were also many commentaries on them by Roman jurists.
67L’Organisation Militaire chez les Romains, Marquardt, 143.
68Dio Cassius, lxxiv. 2.