Niebuhr's lectures on Roman history, Vol. 2 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 2 (of 3)
Niebuhr, Barthold Georg
Rome -- History
Of organic changes in the constitution, none can be mentioned as
having taken place at this period: it remains quite the same in its
outward form as it had been since the first Punic war. Some laws are
given, and some little attempts made to remedy existing evils, but
without any effect. Thus the _lex Voconia_ was passed, which forbids
the leaving of property to females either by will or by legacy, except
in the case of an only daughter and child: this clause respecting
the only daughter (ἐπίκληρος) had its reason in the relations of the
clans, such a daughter being bound, just as in Attica, to marry within
her own _gens_, so that the fortune did not go out of it. Yet the law
proves that the spirit of family had already died away: Cicero, in
his Republic, is wrong in judging of it according to the standard of
his own times. The Romans had already gone so far downhill, that no
single law, like the _lex Voconia_, could any longer have staved off
the impending crash. It was then, as forty years ago in England, a time
in which a thorough-going, deep-searching legislation might still have
checked the wayward course of the state. But such timely and thorough
reforms are very rare indeed in history. Fate leads states onward
towards their downfall; and thus I prophesy of the English state, that
within fifty years it will be radically changed.[52] In Rome also,
single laws were now brought in, which were carried against the wishes
of individuals; yet one always made shift to find some quibble by which
it might be evaded. The _lex Ælia et Fufia_ is another remarkable
law: when, and how it was passed, is very obscure; it is generally
considered as one law, but according to Cicero, it is probable that
there were two: they must have been of great importance. As far as we
know of its contents, it enacted that the proceedings of the tribunes
might be interrupted by auguries which had been observed. This shows
in what estimation, even at that time, the old forms still were. To
us, who, of course, look upon the whole system of auguries as a tissue
of lies, this has only the appearance of an extension of priestcraft,
and we wonder how this could have been done in an enlightened age. Yet
it was meant as a mere form. The power of the tribunes had risen to
a fearful height, and now that the augurs received authority to set
forth what might break up an assembly of the people called together
by the tribunes, no one thought in this of signs given by the powers
above: it was only a means for the _optimates_, to check the unbounded
encroachments of the tribunes. By the _Lex Hortensia_ the tribunes
might have laws passed without the consent of the senate; but now the
augurs, who were chosen, half of them from the patricians, and the
other half from the plebeians, but from the most eminent families,
might oppose these enactments, and restrain that unbridled power.
The form indeed is unworthy and offensive, as the augurs evidently
Public-domain text, read in full here on John Shaqi.
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