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
were obliged to tell a lie; yet the meaning of the law, to create a
counter-tribunate in matters of legislation, was a good one. The law is
to be met with in Cicero only; Clodius repealed it.
Among the events which show how greatly the state of things at Rome had
changed, is the circumstance that in the year 600, either a tribune,
or the whole college, ordered the consuls to be led to prison for
having been guilty of unfairness at the enlistment, particularly L.
Licinius Lucullus.[53] Such a decree of the tribunes is so much against
the spirit of the ancient constitution, that this is of itself enough
to show the completeness of the change. This change is a proof that
personal conscientiousness could no more be relied upon. In early
times, the consuls designated every one singly who was to serve in war,
and this had continued to be the custom ever since: at first, nearly
all were taken; afterwards, those who were most able-bodied, and who
were already well trained in war, were picked out. As the legions were
now stationed longer and longer in distant provinces, the burthen of
military service grew more and more oppressive, and many tried to
screen themselves from it by making interest; for the tribunes would,
without giving any reason, get off those whom they favoured. Moreover,
the enlistments, owing to the wide extent of the empire, must have
been fraught with still greater difficulties, as the men had to appear
in person. The system of selection was now done away with, and the
general conscription so managed, that the lot decided the obligation to
serve, and the grounds for exemption were to be considered afterwards.
This was not a change for the worse, but it was still a change. The
tribunes, however, on this demanded that each of them should have
the right of liberating ten, and when the consuls would not allow
this, they arrested them.[54] Still more significant is the fact,
that even before the end of the sixth century, it became necessary to
make laws against canvassing which were directly aimed at venality;
for the form of the organization by centuries was now changed, and
attempts at bribery had become possible. Whether the _Lex Cornelia_
against _ambitus_ is that of Cornelius Cethegus, or of Sulla, cannot
be ascertained, although it has been held to be the former beyond a
doubt; certain it is, however, that as early as in the year 570 a law
was passed against _ambitus_, a circumstance which has become somewhat
better known from the Milan scholia on Cicero.[55]
THE THIRD PUNIC WAR.
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