Niebuhr's lectures on Roman history, Vol. 3 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 3 (of 3)
Niebuhr, Barthold Georg
Rome -- History
In Africa, after the death of Jugurtha, there was another king of the
house of Masinissa on the throne of Numidia. His name, however, is
unknown: for the inscription in Reinesius, which is said to have been in
existence in the sixteenth century, and in which Gauda is mentioned, has
not as yet been found again, and is therefore very doubtful. In Sylla’s
time, a Hiempsal was lord of Numidia. The country was certainly confined
within much narrower limits than it had been under Micipsa, and before
the war with Jugurtha; but, it was still a kingdom. The province of
Africa was governed by Roman proconsuls.
The Scordiscans and Tauriscans, those Gallic races which had formerly
been so harassed by those who had sprung from the same stock with
themselves, were dwelling on the banks of the Danube; higher up were the
Boians, who were independent, and also the people of Noricum which was
already subject to the supremacy of Rome. The German tribes can at that
time have scarcely dwelt farther south than the Mayne; there was
probably a line from that river and the Neckar through the Odenwald and
the Spessart towards Thuringia. The boundary of the German nation in the
east cut deep into Poland.
Although the institutions of Sylla could not be overthrown by Lepidus,
yet there were many of them, particularly the transfer of the
administration of justice to the senate, so hateful from the shameful
manner in which they were worked, that even many of the well-meaning
among the ruling party abhorred them, and openly declared themselves
against them. The venality of the courts of justice was quite glaring:
we may learn what their condition was from Cicero’s orations; it was
such that honest men were ashamed of the vile abuse. To make the judges
independent, was therefore the great question of the day. But while it
was wished to wrest the jurisdiction from the grasp of the senate, there
was also, on the other hand, some reason to beware of the knights; and
therefore an expedient was sought for, to keep that immense privilege
from falling entirely into their hands. In such times, the line of
demarcation between the different ranks is formed only by landed or by
moneyed property; as soon as people want to generalize, there is no
other standard but this, although it is a thoroughly false one. Such a
classification then becomes unavoidable: Rome was on this wrong road, as
France is now. There was in that age, and very likely there had been
even as early as the war of Hannibal, a census fixed for the senators;
either of 800,000 or 1,000,000 sesterces, being at any rate more
considerable than the minimum of the _census equestris_. Now the _Lex
Judiciaria_ of Lucius Aurelius Cotta (682) enacted that a number of
senators, knights, and _tribuni ærarii_, chosen it would seem by the
tribes from people of a lower census than that of the equestrian order,
should in about equal proportions constitute the courts as a very
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