Chapter 3

XXXII. He corrected many ill practices, which, to the detriment of the public, had either survived the licentious habits of the late civil wars, or else originated in the long peace. Bands of robbers showed themselves openly, completely armed, under colour of self-defence; and in different parts of the country, travellers, freemen and slaves without distinction, were forcibly carried off, and kept to work in the houses of correction [168]. Several associations were formed under the specious (97) name of a new college, which banded together for the perpetration of all kinds of villany. The banditti he quelled by establishing posts of soldiers in suitable stations for the purpose; the houses of correction were subjected to a strict superintendence; all associations, those only excepted which were of ancient standing, and recognised by the laws, were dissolved. He burnt all the notes of those who had been a long time in arrear with the treasury, as being the principal source of vexatious suits and prosecutions. Places in the city claimed by the public, where the right was doubtful, he adjudged to the actual possessors. He struck out of the list of criminals the names of those over whom prosecutions had been long impending, where nothing further was intended by the informers than to gratify their own malice, by seeing their enemies humiliated; laying it down as a rule, that if any one chose to renew a prosecution, he should incur the risk of the punishment which he sought to inflict. And that crimes might not escape punishment, nor business be neglected by delay, he ordered the courts to sit during the thirty days which were spent in celebrating honorary games. To the three classes of judges then existing, he added a fourth, consisting of persons of inferior order, who were called Ducenarii, and decided all litigations about trifling sums. He chose judges from the age of thirty years and upwards; that is five years younger than had been usual before. And a great many declining the office, he was with much difficulty prevailed upon to allow each class of judges a twelve-month's vacation in turn; and the courts to be shut during the months of November and December. [169]

XXXIII. He was himself assiduous in his functions as a judge, and would sometimes prolong his sittings even into the night [170]: if he were indisposed, his litter was placed before (98) the tribunal, or he administered justice reclining on his couch at home; displaying always not only the greatest attention, but extreme lenity. To save a culprit, who evidently appeared guilty of parricide, from the extreme penalty of being sewn up in a sack, because none were punished in that manner but such as confessed the fact, he is said to have interrogated him thus: "Surely you did not kill your father, did you?" And when, in a trial of a cause about a forged will, all those who had signed it were liable to the penalty of the Cornelian law, he ordered that his colleagues on the tribunal should not only be furnished with the two tablets by which they decided, "guilty or not guilty," but with a third likewise, ignoring the offence of those who should appear to have given their signatures through any deception or mistake. All appeals in causes between inhabitants of Rome, he assigned every year to the praetor of the city; and where provincials were concerned, to men of consular rank, to one of whom the business of each province was referred.

XXXIV. Some laws he abrogated, and he made some new ones; such as the sumptuary law, that relating to adultery and the violation of chastity, the law against bribery in elections, and likewise that for the encouragement of marriage. Having been more severe in his reform of this law than the rest, he found the people utterly averse to submit to it, unless the penalties were abolished or mitigated, besides allowing an interval of three years after a wife's death, and increasing the premiums on marriage. The equestrian order clamoured loudly, at a spectacle in the theatre, for its total repeal; whereupon he sent for the children of Germanicus, and shewed them partly sitting upon his own lap, and partly on their father's; intimating by his looks and gestures, that they ought not to think it a grievance to follow the example of that young man. But finding that the force of the law was eluded, by marrying girls under the age of puberty, and by frequent change of wives, he limited the time for consummation after espousals, and imposed restrictions on divorce.

XXXV. By two separate scrutinies he reduced to their former number and splendour the senate, which had been swamped by a disorderly crowd; for they were now more than a (99) thousand, and some of them very mean persons, who, after Caesar's death, had been chosen by dint of interest and bribery, so that they had the nickname of Orcini among the people [171]. The first of these scrutinies was left to themselves, each senator naming another; but the last was conducted by himself and Agrippa. On this occasion he is believed to have taken his seat as he presided, with a coat of mail under his tunic, and a sword by his side, and with ten of the stoutest men of senatorial rank, who were his friends, standing round his chair. Cordus Cremutius [172] relates that no senator was suffered to approach him, except singly, and after having his bosom searched [for secreted daggers]. Some he obliged to have the grace of declining the office; these he allowed to retain the privileges of wearing the distinguishing dress, occupying the seats at the solemn spectacles, and of feasting publicly, reserved to the senatorial order [173]. That those who were chosen and approved of, might perform their functions under more solemn obligations, and with less inconvenience, he ordered that every senator, before he took his seat in the house, should pay his devotions, with an offering of frankincense and wine, at the altar of that God in whose temple the senate then assembled [174], and that their stated meetings should be only twice in the month, namely, on the calends and ides; and that in the months of September and October [175], a certain number only, chosen by lot, such as the law required to give validity to a decree, should be required to attend. For himself, he resolved to choose every six (100) months a new council, with whom he might consult previously upon such affairs as he judged proper at any time to lay before the full senate. He also took the votes of the senators upon any subject of importance, not according to custom, nor in regular order, but as he pleased; that every one might hold himself ready to give his opinion, rather than a mere vote of assent.

XXXVI. He also made several other alterations in the management of public affairs, among which were these following: that the acts of the senate should not be published [176]; that the magistrates should not be sent into the provinces immediately after the expiration of their office; that the proconsuls should have a certain sum assigned them out of the treasury for mules and tents, which used before to be contracted for by the government with private persons; that the management of the treasury should be transferred from the city-quaestors to the praetors, or those who had already served in the latter office; and that the decemviri should call together the court of One hundred, which had been formerly summoned by those who had filled the office of quaestor.

XXXVII. To augment the number of persons employed in the administration of the state, he devised several new offices; such as surveyors of the public buildings, of the roads, the aqueducts, and the bed of the Tiber; for the distribution of corn to the people; the praefecture of the city; a triumvirate for the election of the senators; and another for inspecting the several troops of the equestrian order, as often as it was necessary. He revived the office of censor [177], which had been long disused, and increased the number of praetors. He likewise required that whenever the consulship was conferred on him, he should have two colleagues instead of one; but his proposal (101) was rejected, all the senators declaring by acclamation that he abated his high majesty quite enough in not filling the office alone, and consenting to share it with another.

XXXVIII. He was unsparing in the reward of military merit, having granted to above thirty generals the honour of the greater triumph; besides which, he took care to have triamphal decorations voted by the senate for more than that number. That the sons of senators might become early acquainted with the administration of affairs, he permitted them, at the age when they took the garb of manhood [178], to assume also the distinction of the senatorian robe, with its broad border, and to be present at the debates in the senate-house. When they entered the military service, he not only gave them the rank of military tribunes in the legions, but likewise the command of the auxiliary horse. And that all might have an opportunity of acquiring military experience, he commonly joined two sons of senators in command of each troop of horse. He frequently reviewed the troops of the equestrian order, reviving the ancient custom of a cavalcade [179], which had been long laid aside. But he did not suffer any one to be obliged by an accuser to dismount while he passed in review, as had formerly been the practice. As for such as were infirm with age, or (102) any way deformed, he allowed them to send their horses before them, coming on foot to answer to their names, when the muster roll was called over soon afterwards. He permitted those who had attained the age of thirty-five years, and desired not to keep their horse any longer, to have the privilege of giving it up.

XXXIX. With the assistance of ten senators, he obliged each of the Roman knights to give an account of his life: in regard to those who fell under his displeasure, some were punished; others had a mark of infamy set against their names. The most part he only reprimanded, but not in the same terms. The mildest mode of reproof was by delivering them tablets [180], the contents of which, confined to themselves, they were to read on the spot. Some he disgraced for borrowing money at low interest, and letting it out again upon usurious profit.

XL. In the election of tribunes of the people, if there was not a sufficient number of senatorian candidates, he nominated others from the equestrian order; granting them the liberty, after the expiration of their office, to continue in whichsoever of the two orders they pleased. As most of the knights had been much reduced in their estates by the civil wars, and therefore durst not sit to see the public games in the theatre in the seats allotted to their order, for fear of the penalty provided by the law in that case, he enacted, that none were liable to it, who had themselves, or whose parents had ever, possessed a knight's estate. He took the census of the Roman people street by street: and that the people might not be too often taken from their business to receive the distribution of corn, it was his intention to deliver tickets three times a year for four months respectively; but at their request, he continued the former regulation, that they should receive their (103) share monthly. He revived the former law of elections, endeavouring, by various penalties, to suppress the practice of bribery. Upon the day of election, he distributed to the freemen of the Fabian and Scaptian tribes, in which he himself was enrolled, a thousand sesterces each, that they might look for nothing from any of the candidates. Considering it of extreme importance to preserve the Roman people pure, and untainted with a mixture of foreign or servile blood, he not only bestowed the freedom of the city with a sparing hand, but laid some restriction upon the practice of manumitting slaves. When Tiberius interceded with him for the freedom of Rome in behalf of a Greek client of his, he wrote to him for answer, "I shall not grant it, unless he comes himself, and satisfies me that he has just grounds for the application." And when Livia begged the freedom of the city for a tributary Gaul, he refused it, but offered to release him from payment of taxes, saying, "I shall sooner suffer some loss in my exchequer, than that the citizenship of Rome be rendered too common." Not content with interposing many obstacles to either the partial or complete emancipation of slaves, by quibbles respecting the number, condition and difference of those who were to be manumitted; he likewise enacted that none who had been put in chains or tortured, should ever obtain the freedom of the city in any degree. He endeavoured also to restore the old habit and dress of the Romans; and upon seeing once, in an assembly of the people, a crowd in grey cloaks [181], he exclaimed with indignation, "See there,

Romanos rerum dominos, gentemque togatem." [182]

Rome's conquering sons, lords of the wide-spread globe, Stalk proudly in the toga's graceful robe.

And he gave orders to the ediles not to permit, in future, any Roman to be present in the forum or circus unless they took off their short coats, and wore the toga.

(104) XLI. He displayed his munificence to all ranks of the people on various occasions. Moreover, upon his bringing the treasure belonging to the kings of Egypt into the city, in his Alexandrian triumph, he made money so plentiful, that interest fell, and the price of land rose considerably. And afterwards, as often as large sums of money came into his possession by means of confiscations, he would lend it free of interest, for a fixed term, to such as could give security for the double of what was borrowed. The estate necessary to qualify a senator, instead of eight hundred thousand sesterces, the former standard, he ordered, for the future, to be twelve hundred thousand; and to those who had not so much, he made good the deficiency. He often made donations to the people, but generally of different sums; sometimes four hundred, sometimes three hundred, or two hundred and fifty sesterces upon which occasions, he extended his bounty even to young boys, who before were not used to receive anything, until they arrived at eleven years of age. In a scarcity of corn, he would frequently let them have it at a very low price, or none at all; and doubled the number of the money tickets.

XLII. But to show that he was a prince who regarded more the good of his people than their applause, he reprimanded them very severely, upon their complaining of the scarcity and dearness of wine. "My son-in-law, Agrippa," he said, "has sufficiently provided for quenching your thirst, by the great plenty of water with which he has supplied the town." Upon their demanding a gift which he had promised them, he said, "I am a man of my word." But upon their importuning him for one which he had not promised, he issued a proclamation upbraiding them for their scandalous impudence; at the same time telling them, "I shall now give you nothing, whatever I may have intended to do." With the same strict firmness, when, upon a promise he had made of a donative, he found many slaves had been emancipated and enrolled amongst the citizens, he declared that no one should receive anything who was not included in the promise, and he gave the rest less than he had promised them, in order that the amount he had set apart might hold out. On one occasion, in a season of great scarcity, which it was difficult to remedy, he ordered out of the city the troops of slaves brought for sale, the gladiators (105) belonging to the masters of defence, and all foreigners, excepting physicians and the teachers of the liberal sciences. Part of the domestic slaves were likewise ordered to be dismissed. When, at last, plenty was restored, he writes thus "I was much inclined to abolish for ever the practice of allowing the people corn at the public expense, because they trust so much to it, that they are too lazy to till their lands; but I did not persevere in my design, as I felt sure that the practice would some time or other be revived by some one ambitious of popular favour." However, he so managed the affair ever afterwards, that as much account was taken of husbandmen and traders, as of the idle populace. [183]

XLIII. In the number, variety, and magnificence of his public spectacles, he surpassed all former example. Four-and-twenty times, he says, he treated the people with games upon his own account, and three-and-twenty times for such magistrates as were either absent, or not able to afford the expense. The performances took place sometimes in the different streets of the city, and upon several stages, by players in all languages. The same he did not only in the forum and amphitheatre, but in the circus likewise, and in the septa [184]: and sometimes he exhibited only the hunting of wild beasts. He entertained the people with wrestlers in the Campus Martius, where wooden seats were erected for the purpose; and also with a naval fight, for which he excavated the ground near the Tiber, where there is now the grove of the Caesars. During these two entertainments he stationed guards in the city, lest, by robbers taking advantage of the small number of people left at home, it might be exposed to depredations. In the circus he exhibited chariot and foot races, and combats with wild beasts, in which the performers were often youths of the highest rank. His favourite spectacle was the Trojan game, acted by a select number of boys, in parties differing in age and station; thinking (106) that it was a practice both excellent in itself, and sanctioned by ancient usage, that the spirit of the young nobles should be displayed in such exercises. Caius Nonius Asprenas, who was lamed by a fall in this diversion, he presented with a gold collar, and allowed him and his posterity to bear the surname of Torquati. But soon afterwards he gave up the exhibition of this game, in consequence of a severe and bitter speech made in the senate by Asinius Pollio, the orator, in which he complained bitterly of the misfortune of Aeserninus, his grandson, who likewise broke his leg in the same diversion.

Sometimes he engaged Roman knights to act upon the stage, or to fight as gladiators; but only before the practice was prohibited by a decree of the senate. Thenceforth, the only exhibition he made of that kind, was that of a young man named Lucius, of a good family, who was not quite two feet in height, and weighed only seventeen pounds, but had a stentorian voice. In one of his public spectacles, he brought the hostages of the Parthians, the first ever sent to Rome from that nation, through the middle of the amphitheatre, and placed them in the second tier of seats above him. He used likewise, at times when there were no public entertainments, if any thing was brought to Rome which was uncommon, and might gratify curiosity, to expose it to public view, in any place whatever; as he did a rhinoceros in the Septa, a tiger upon a stage, and a snake fifty cubits lung in the Comitium. It happened in the Circensian games, which he performed in consequence of a vow, that he was taken ill, and obliged to attend the Thensae [185], reclining on a litter. Another time, in the games celebrated for the opening of the theatre of Marcellus, the joints of his curule chair happening to give way, he fell on his back. And in the games exhibited by his (107) grandsons, when the people were in such consternation, by an alarm raised that the theatre was falling, that all his efforts to re-assure them and keep them quiet, failed, he moved from his place, and seated himself in that part of the theatre which was thought to be exposed to most danger.

XLIV. He corrected the confusion and disorder with which the spectators took their seats at the public games, after an affront which was offered to a senator at Puteoli, for whom, in a crowded theatre, no one would make room. He therefore procured a decree of the senate, that in all public spectacles of any sort, and in any place whatever, the first tier of benches should be left empty for the accommodation of senators. He would not even permit the ambassadors of free nations, nor of those which were allies of Rome, to sit in the orchestra; having found that some manumitted slaves had been sent under that character. He separated the soldiery from the rest of the people, and assigned to married plebeians their particular rows of seats. To the boys he assigned their own benches, and to their tutors the seats which were nearest it; ordering that none clothed in black should sit in the centre of the circle [186]. Nor would he allow any women to witness the combats of gladiators, except from the upper part of the theatre, although they formerly used to take their places promiscuously with the rest of the spectators. To the vestal virgins he granted seats in the theatre, reserved for them only, opposite the praetor's bench. He excluded, however, the whole female sex from seeing the wrestlers: so that in the games which he exhibited upon his accession to the office of high-priest, he deferred producing a pair of combatants which the people called for, until the next morning; and intimated by proclamation, "his pleasure that no woman should appear in the theatre before five o'clock."