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Agricola

FROM DIOCLETIAN

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LI. GENERAL INTRODUCTION.

If we desire to treat History as the study of causation in the affairs of mankind—and this is its most fruitful task—we shall find no more striking illustration of its difficulties than the agricultural system of the later Roman Empire. In the new model of Diocletian and Constantine we see the imperial administration reorganized in new forms[1551] deliberately adopted: policy expresses itself, after a century of disturbance, in a clear breach with the past. But, when Constantine in 332 legislates[1552] to prevent coloni from migrating, he refers to a class of men who are not their own masters but subject to control (iuris alieni), though he distinguishes them from slaves. Evidently he is not creating a new class: his intention is to prevent an existing class from evading its present responsibilities. They are by the fact of their birth attached as cultivators to their native soil. With this tie of origo[1553] goes liability to a certain proportion of imperial tax (capitatio). This is mentioned as a matter of course. Now we know that such serf-coloni formed at least a large part of the rustic population under the later Empire. We cannot but see that the loss of the power of free migration is the vital difference that marks off these tied farmers from the tenant farmers of an earlier period, the class whom Columella advised landlords to retain if possible. For these men cannot move on if they would. How came they to be in this strange condition, in fact neither slave nor free, so that Constantine had merely to crystallize relations already existing[1554] and the institution of serf-tenancy became a regular part of the system? If we are to form any notion of the conditions of farm labour in this period, we must form some notion of the causes that produced the later or dependent colonate. And this is no simple matter: on few subjects has the divergence of opinions been more marked than on this. I have stated my own conclusions above, and further considerations are adduced in this chapter.

Our chief source of evidence is the collection of legal acts of the Christian emperors issued by authority in the year 438, and known as the codex Theodosianus. It covers a period of more than a hundred years, and innumerable references to the land-questions attest the continual anxiety of the imperial government to secure adequate cultivation of every possible acre of land. Contemporary history may suggest motives for this nervousness. The increased expenses of the court and the administrative system made it necessary to raise more taxes than ever for the civil services. The armies, now mainly composed of Germans and other barbarians, were necessary for imperial defence, but very costly to equip pay and feed. Whether they were mercenaries drawing wages, or aliens settled as Roman subjects within the empire on lands held by tenure of military service, they were either a burden on the treasury or a doubtful element of the population that must at all costs be kept in good humour. On a few occasions Roman victories furnished numbers of barbarian prisoners to the slave-market. These would be dispersed over various districts, generally at some distance from the troubled frontiers, and the rustic slaves of whom we hear were doubtless in great part procured in this way. But that the rustic population consisted largely of actual slaves we have no reason to believe. Of estates worked on a vast scale by slave labour we hear nothing. Naturally; for the social and economic conditions favourable to that system had long passed away. Slaves were no longer plentiful, markets were no longer free. Under the Empire, the pride of great landlords needed a strong mixture of caution; under a greedy or spendthrift emperor the display of material wealth was apt to be dangerous. In the century of confusion before Diocletian agriculture had been much interrupted in many parts of the empire, and much land had gone out of cultivation. So serious was the situation in the later part of that period, that Aurelian[1555] imposed upon municipal senates the burden of providing for the cultivation of derelict farms.

When a taxpayer is required to pay a fixed amount in a stable currency, he knows his liability. So long as he can meet it, any surplus income remains in his hands, and he has a fair chance of improving his economic position by thrift. If what the state really wants is (say) corn, it can use its tax-revenue to purchase corn in the open market. But this assumes that the producer is free to stand out for the best price he can get, and that he will be paid in money on the purchasing power of which he can rely for his own needs. This last condition had ceased to exist[1556] in the Roman empire. Not to mention earlier tamperings with the currency, since the middle of the third century its state had been deplorable. Things had now gone so far that the value of the fixed money taxes seriously reduced the income derived from them: the government was literally paid in its own coin. The policy of Diocletian was to extend an old practice of exacting payment in kind, and this became the principal method[1557] of imperial taxation. We must bear in mind that the supply of corn for the city of Rome, the annona urbis, went on as before, though the practical importance of Rome was steadily sinking. Diocletian made it no longer the residence of emperors, and Constantine founded another capital in the East: but Rome was still fed by corn-tributes from the Provinces, chiefly from Africa and Egypt. When the New Rome on the Bosporus was fully equipped as an imperial capital, Egypt was made liable for the corn-supply of the Constantinopolitan populace. Old Rome had then to rely almost entirely on Africa, with occasional help from other sources. Italy itself[1558] was now reduced to the common level, cut up into provinces, and liable for furnishing supplies of food. But it was divided into two separate regions: the northern, officially named Italia, or annonariae regiones, in which a good deal of corn was grown, had to deliver its annona at Mediolanum (Milan) the new imperial headquarters: the southern, suburbicariae (or urbicariae) regiones, in which little corn was grown, sent supplies of pigs cattle wine firewood lime etc to Rome. The northern annona, like that from other provinces, helped to maintain military forces and the host of officials employed by the government. For it soon became the practice to pay salaries in kind. In the pitiful state of the currency this rude method offered the best guarantee for receipt of a definite value.

Unhappily this exaction and distribution in kind was at best a wasteful process. At worst it was simply ruinous. The empire was subject to constant menace of attack, and was in dire need of the largest possible income raised on the most economical system. If the ultimate basis of imperial strength was to be found in the food-producers, it was all-important to give the farming classes a feeling of security sufficient to encourage industry and enterprise, and at all costs to avoid reducing them to despair. Nor was the new census as designed by Diocletian on the face of it an unjust and evil institution. Taking account of arable lands and of the persons employed in cultivating them, it aimed at creating a fixed number[1559] of agricultural units each of which should be liable to furnish the same amount of yearly dues in kind. But it is obvious that to carry out this doctrinaire scheme with uniform neatness and precision was not possible. To deal fairly with agriculture a minute attention to local differences and special peculiarities was necessary, and this attention could not be given on so vast a scale. Perhaps careful observation and correction of errors might have produced a reasonable degree of perfection in a long period of unbroken peace: but no such period was at hand. The same strain that drove the imperial government to the new taxation also prevented any effective control of its working.

It is perhaps inevitable that the exaction of dues in kind should lead to abuses. At all events, abuses in this department were no new thing: the sufferings of such Provinces as Sicily and Asia were notorious in the time of the Republic. A stricter control had made the state of things much better in the first two centuries of the Empire. The exploitation of the Provincials was generally checked, and the imperial government was not as yet driven by desperate financial straits to turn extortioner itself. Caracalla’s law of 212, extending the Roman franchise[1560] to all free inhabitants, was a symptom of conscious need, for it brought all estates under the Roman succession-tax. At the same time it did away with the old distinction between the ruling Roman people and the subject nationalities: henceforth, wherever there was oppression within the Roman world, it necessarily fell upon Roman[1561] citizens. Time had been when the Roman citizen, free to move into any part of the Roman dominions and to acquire property there[1562] under protection of Roman law, made full use of the opportunities afforded him, to the disadvantage of the subject natives. Now all alike were the helpless subjects of a government that they could neither reform nor supersede; a government whose one leading idea was to bring all institutions into fixed grooves in which they should move mechanically year after year, unsusceptible of growth or decay. True, the plan was absurd, and some few observers may have detected its absurdity. But the power of challenging centralized officialism and evoking expression of public opinion, never more than rudimentary in the Roman state, was now simply extinct. Things had come to such a pass that, speaking generally, a citizen’s choice lay between two alternatives. Either he must bear an active part in the system that was squeezing out the vital economic forces of the empire, making whenever possible a profit for himself out of a salary or illicit gains; or he must submit passively to all such extortions as the system, worked by men whose duty and interest alike tended to make them merciless, was certain to inflict. The oppressors, though numerous, could only be few in proportion to the whole free population. Therefore the vast majority stood officially condemned to lives of penury and wretchedness. The system became more hard-set and the outlook more hopeless with the lapse of time.

The dues exacted from the various parts of the empire varied in quality[1563] according to local conditions, and to some extent in methods of collection. In the frontier Provinces the quantity was sometimes reduced[1564] by remissions, when a district ravaged by invaders was relieved for a few years that it might recover its normal productiveness. The details of these variations are beyond the scope of the present inquiry. The general principle underlying the whole system was the fixing of taxation-units equal in liability, and the organizing of collection in municipal groups. Each municipal town or civitas was the administrative centre of a district, and stood charged in the imperial ledgers as liable for the returns from a certain number of units, this number being that recorded as existing at the last quinquennial census. For the collection the chief municipal authorities were responsible; and they had to hand over the amount due to the imperial authorities, whether they had received it in full or not. Already burdened with strictly municipal liabilities, the members of municipal senates (curiales) were crushed by this additional and incalculable pressure. Unable to resist, they generally took the course of so using their functions and powers as to protect their own interests as far as possible. One obvious precaution was to see that the number of taxable units[1565] in their district was not fixed too high by the census officials. This precaution was certainly not overlooked, and success in keeping down the number may well have been the chief reason why the system was able to go on so long. The curiales were mostly considerable landlords, residing in their town and letting their land to tenants. But there were other landlords, smaller men, some also resident in the towns, others in the country. We still hear of men farming land[1566] of their own, and it seems that some of these held and farmed other land also, as coloni of larger landlords. When any question arose as to the number of units for the tax on which this or that farm was liable, it is clear that the interests of different classes might easily clash. And the curiales undoubtedly took care[1567] that their own and those of their friends did not suffer.

These remarks imply that the system practically worked in favour of the richer classes[1568] as against the poorer. And so it certainly did, not only in the time of revision at the census each fifth year, but on other occasions. If an invasion or some other great disaster led the emperor to grant temporary relief, this would normally take the form of reducing the number of taxable units in the district for a certain period. But the local authorities were left to apportion this reduction[1569] among the several estates, and the poor farmers had no representative to see that they got their fair share of relief. Moreover, outside taxation, the farmers were often subjected to heavy burdens and damage by the irregular requisitions of imperial officials. For instance, the staff of the imperial post-service (cursus publicus)[1570] were a terror. They pressed the goods of farmers into the service of their department on various pretexts, and exacted labour on upkeep of roads and stations. For their tyranny there was no effective compensation or redress. Like other officials, they could be bought off by bribes: but this meant that the various exactions[1571] were shifted from the shoulders of the rich to those of the poor. Another iniquity, the revival of a very old[1572] abuse, was connected with the question of transport, an important consideration in the case of dues in kind, often bulky. For instance, in the case of corn, the place at which it had to be delivered might easily count for more in estimating the actual pressure of the burden than the amount of grain levied. In making the arrangements for delivery there were openings for favouritism and bribery. Circumstances varied greatly in various parts of the empire. In some Provinces delivery was made at a military depot within easy reach. Transport by sea from Egypt or Africa was carried on by gilds[1573] of shippers, who became more and more organized and regulated by law. But in many parts good roads were few, and laid out for strategic reasons; the country roads inconvenient and rough: and for transport in bulk the post-service provided no machinery available for the use of private persons.

It is not necessary here to follow out in detail all the particular discomforts and grievances of the farming classes under the system devised by Diocletian and developed by his successors. Enough has been said to shew that they were great, and to remove all ground for wondering that the area of arable land actually under tillage, and with it population, continued to decline. Constantine’s law confirming the bondage of coloni to the soil by forbidding movement was the confession of a widespread evil, but no remedy. Repeated legislation to the same purpose only recorded and continued the failure. When all the resources of evasion were exhausted, the pauperized serf fled to a town and depended for a living on the pitiful doles of private or ecclesiastical charity, or turned brigand and took precarious toll of those who still had something to lose. In either case he was an additional burden on a society that already had more than it could bear. In 382 we find an attempt[1574] made to put down ‘sturdy beggars.’ The law rewarded anyone who procured the conviction of such persons by handing over the offenders to him. An ex-slave became the approver’s own slave, and one who had nothing of his own beyond his freeborn quality was granted to him as his colonus for life. But this law seems to have been ineffectual like others. Desertion of farms might to some extent be checked, but mendicity and brigandage remained.

There was however another movement, later in time and less in volume, but not less serious as affecting the practical working of the imperial machine. With the increase of poverty life in municipal towns became less attractive. Local eminence was no longer an object of ambition; for to local burdens, once cheerfully borne, was now added a load of imperial responsibilities which lay heavy on all men of property, and which they could neither shake off nor control. In hope of evading them, well-to-do citizens took refuge[1575] in the country, either on estates of their own or under the protection of great landlords already settled there. But to allow this would mean the depletion of the local senates (curiae) on whose services as revenue-collectors the financial system of the empire depended. To prevent men qualified for the position of curiales from escaping that duty was the aim of legislation[1576] which by repeated enactments confessed its own failure. That there were country magnates, men of influence (potentes), whose protection might seem able to screen municipal defaulters, is a point to be noted. They were the great possessores[1577] (a term no longer applied to small men), who held large estates organized on a sort of manorial model, and sometimes ruled them like little principalities, territorial lordships[1578] standing in direct relations with the central authorities and not hampered by inclusion in the general municipal scheme. Such ‘peculiars’ had existed under the earlier Empire, and evidently continued to exist: the Crown-lands of the emperors, especially in Africa, were the most signal cases. But the great private Possessor could not secure to his domain the various exemptions[1579] that emperors conferred on theirs. He had to collect and pay over[1580] the dues from his estate, as a municipal magistrate did from the district round his town-centre. But he had a more immediate and personal interest in the wellbeing of all his tenants and dependants, whose presence and prosperity gave to his land by far the greater part[1581] of its value.

That territorial magnates should be free to build up a perhaps dangerous power in various corners of the empire by gathering dependants round them, could hardly be viewed with approval by the jealousy of emperors. Not only was the system of letting land in parcels to tenants spreading, but the power of the landlords over them was increasing, long before Constantine took the final step of treating them as attached permanently to the soil. Whether they were the landlord’s free tenants who had gradually lost through economic weakness the effective use of freedom; or small freeholders who had found it worth their while to part with their holdings to a big man and become his tenants for the sake of enjoying his protection; or former slaves to whom small farms had been entrusted on various conditions; they were in a sort of economic bondage. Doubtless most of them lived from hand to mouth, but we have no reason to believe that poverty, so long as they had plenty to live on, was the motive[1582] that made them wish to give up their holdings and try their luck elsewhere. It was the cruel pressure of Diocletian’s new taxation, and the army of officials employed to enforce it, that drove them to despair. A contemporary witness[1583] tells us, referring to this very matter, ‘the excess of receivers over givers was becoming so marked that farms were being abandoned, and tillages falling to woodland, the resources of the tenants being exhausted by the hugeness[1584] of the imposts.’ And this evidence does not stand alone. So Constantine sought a remedy in prevention of movement, binding down the tenants to the soil. Henceforth the land to which a colonus[1585] was attached by birth, and the colonus himself, were to be legally and economically inseparable. Attempts at evading the new rule were persistently met by later[1586] legislation. The motive of such attempts may be found by remembering that depopulation was steadily lowering the value of land and raising that of labour. If an individual landlord could add to the value of his own estate by getting more coloni settled on it, withdrawn from other estates, he might profit by the transaction: but the government, whose policy was to keep the greatest possible area under cultivation, could not allow one part to be denuded of labourers to suit the interest of the owner of another part.

When the law stepped in to deprive the tenant, already far gone in dependence on his landlord, of such freedom of movement as he still retained, it is remarkable that rustic slaves were not at the same time legally attached to the soil. That inconvenience was caused by masters selling them when and where they chose, is shewn by Constantine’s law[1587] of 327, allowing such sales to take place only within the limits of the Province where they had been employed. No doubt their removal upset the arrangements for that part of a taxable unit in which the number of adult heads[1588] was taken into account, and so had to be checked. But it seems not to have been till the time of Valentinian[1589], somewhere between 367 and 375, that the sale of a farm-slave off the land was directly prohibited, like that of a colonus. In referring to this matter, the significance of the difference of dates is thus brought out[1590] by Seeck: ‘That this measure was carried through much sooner in the case of the small farmers than in that of the farm-slaves, is very characteristic of the spirit of that age. Where court favour is the deciding factor that governs the entire policy, the government is even more reluctant to limit the proprietary rights of the great landlord[1591] than the liberties of the small man.’ This is very true, but we must not forget that in both cases the binding of the labourer to the soil did in fact restrict the landlord’s freedom of disposal. He as well as his dependants came under a system not designed to promote his private convenience or interest, but to guarantee a maximum of total cultivation in the interest of the empire as a whole. So we find that he was not allowed[1592] to raise at will the rents of his tenants: they could sue their landlord (a right which in practice was probably not worth much), and even when this right was restricted[1593] in 396 they still retained it in respect of unfair increases of rent and criminal cases. So too, if he acquired extra slaves, either by receiving them as volunteers from derelict farms or in virtue of an imperial grant, it was strictly ordained[1594] that such acquisition carried with it the tax-liability for the whole of the derelict land. The landlord was therefore kept firmly in the grip of the central power, and not left free to build up a little principality by consolidating at will all the labour-resources that he could annex as dependants. Moreover he was watched by a host of imperial agents and spies whose interests could only be reconciled with his own by the costly method of recurrent bribery.

When we return to the main question of the actual farm-labour, and ask who toiled with their own hands to raise crops, we find ourselves in a curious position. The evidence, whether legal or literary, leaves us in no doubt that the tenant farmer of this period was normally himself a labourer. And yet it is not easy to cite passages in which this is directly affirmed. The pompous and affected language of the imperial laws is throughout a bad medium for conveying simple facts; nor was the question, who did the work, of any interest to the central authority, concerned solely with the regular exaction of the apportioned dues. The real proof that coloni, whether still holding some land of their own or merely tenants, and inquilini, whether solely barbarian dependants or not, were actual handworkers, is to be found in legitimate inference from certain facts. First, the increase in the value of labour compared with the decline in that of land. The binding of tenant to soil was a confession of this. Secondly, the general poverty of the farmers[1595] and their helplessness against oppression and wrong. Of this the description of Salvian gives a striking, if rhetorical, picture, and it is implied in many laws designed[1596] for their protection. That persons in so weak an economic position could have carried on their business as mere directors of slave-labour is surely inconceivable: and we are to remember that not only they themselves but their families also were bound to the soil. It was their presence, that is to say their labour, that gave value to the land, and so paid the taxes. Hence it was that in forming taxable units (capita) it was generally the practice to include in the reckoning[1597] not only the productive area (iugatio) but also the ‘heads’ that stocked it (capitatio). In other words, productiveness must in the interest of the state be actual, not merely potential.

The importance of keeping the real locally-bound coloni strictly to their business of food-production was fully recognized in the regulations for recruiting the armies. Landlords, required to furnish[1598] recruits, were free to name some of their coloni for that purpose. But there was no fear that they would be eager to do this, for the work of their tenants was what gave value to their properties. And the imperial officers charged with recruiting duty were ordered[1599] (and this in 400, when the need of soldiers was extreme) not to accept fugitive tenants belonging to an estate (indigenis): these no doubt if found were to be returned to their lords. The military levy was to fall upon sons of veterans, for in this class as in others no effort was spared to make the ways of life hereditary; or on wastrels (vagos)[1600], of whom the laws often make mention; or generally on persons manifestly by the circumstances of their birth (origo) liable to army service. Here we have the service still in principle confined to freemen. But it is not to be doubted that many a slave (and these would be nearly all rustic slaves) passed muster with officers hasting to make up their tale of men, and so entered the army. At a much later date (529) we find Justinian[1601] contemplating cases of slaves recruited with the consent of their owners, in short furnished as recruits. He enacts that such men are to be declared ingenui[1602], that is freeborn not freedmen, the master losing all rights over them: but, if they are efficient soldiers, they are to remain in the service. And the power of commuting[1603] the obligation of furnishing a recruit for a payment of money, which was to some extent allowed, introduced a method of recruiting[1604] by purchase. A recruit being demanded, it did not follow that the emperor got either the particular man (inspected of course and passed as fit) or a fixed cash-commutation. The recruiting officer conveniently happened to have a man or two at disposal, picked up in the course of his tour. The landlord, anxious to keep his own staff intact, came to terms with the officer for one of these as substitute. These officers knew when they could drive hard bargains, and did not lose their chances. In a law of 375, this system is directly referred to, and an attempt is made to regulate it[1605] on an equitable footing. To abolish it was clearly impossible. Eventually the state undertook to work it officially, and bought its own ‘bodies’ (corpora, like σώματα, of slaves) with the composition-money or aurum temonarium. That some of these ‘bodies’ were escaped slaves is highly probable. Some may have been stray barbarians, not included in the various barbarian corps which more and more came to form the backbone of the Roman army. But the majority would probably be indigent wretches to whom any change seemed better than the miserable lives open to them in the meanest functions of the decaying civilization of the towns. In any case such recruits[1606] would be but a poor substitute for the pick of the rustic population.

The same anxiety to spare the rustics unnecessary exactions, that they might not sink under their present burdens, appears in other regulations. The subordinates employed in the public services such as the Post, or as attendants on functionaries, were tempted to ease their own duties by demanding contributions from the helpless countryfolk. This we find forbidden[1607] in 321 as interfering with the farmers’ right to procure and carry home things required for agriculture. So too a whole Title[1608] in the Codex is devoted to the prevention of superexactiones, a form of extortion often practised by officials, chiefly by the use of false weights and measures or by foul play with the official receipts. The laws forbidding practices of this kind seem to belong to the latter part of the fourth century and the earlier part of the fifth. But the evil was clearly of old standing, and the laws almost certainly vain. That illicit exactions were a particular affliction of the poorer rustics, who could not bribe the officials, is confessed[1609] by a law of 362, which ordains that the burdens of supplying beasts fodder etc for service of the Post, upkeep of the roads and so forth, are to be laid on all possessores alike. Further enactments follow in 401 and 408. But these rules for equitable distribution of burdens, even if carried out, only spread them over all landowners and coloni. All the upper ranks[1610] of the imperial service carried exemption from sordida munera in some form or other, and personal grants of exemption were often granted as a favour. It is true that such exemption only extended to the life of the grantee, that exemptions were revocable, and that in course of time extreme necessities led to revocations. But all this did not operate to relieve the unhappy rustic on whom the whole imperial fabric rested. The rich might have to lose their privileges, but it was too late for the poor to gain a benefit. That the underlings of provincial governors were a terror to farmers, levying on them illicit services and generally blackmailing them for their own profit, is clear from the law[1611] (somewhere 368-373) announcing severe punishment for the offence and declaring that it had become a regular practice. The law of 328, enacting[1612] that no farmer (agricola) was to be impressed for special service in the seasons of seed-time or harvest, is on rather a different footing. It expressly justifies the prohibition on the ground of agricultural necessity: in short, it is not to protect the farmer, but, to leave him no excuse for not producing food.

A great critic[1613] has commented severely on the intellectual stagnation that fell upon the Roman empire and was one of the most effective causes of its decline. That literature fed upon the past and dwindled into general imbecility is commonly recognized: but the lack of material inventions and the paucity of improvements is perhaps not less significant than the decay of literature and art. The department of agriculture was no exception to this sterile traditionality. Since the days of Varro there had been no considerable change. So far as labour is concerned, the system of Columella can hardly be called an advance; for it employs directly none but slave labour, a resource already beginning to fail, and causing landlords to seek help from the development of tenancies. In modern times the dearness of labour has stimulated human ingenuity to produce machines by which the efficiency of human labour is increased and therefore fewer hands required for a given output. But in the world under the Roman supremacy centuries went by with hardly any modification of the mechanical equipment. A small exception may perhaps be found in a sort of rudimentary reaping-machine. It was briefly referred to by the elder Pliny[1614] in the first century of our era, and described by Palladius in the fourth. The device was in use on the large estates in the lowlands of Gaul, and was perhaps a Gaulish invention. It is said to have been a labour-saving[1615] appliance. From the description it seems to have been clumsy; and, since it cut off the ears and left the straw standing, it was only suited to farms on which no special use was made of the straw. Its structure (for it was driven by an ox from behind) must have made it unworkable on sloping ground. That we hear nothing of its general adoption may be due to these or other defects. But I believe there is no record of attempts to improve the original design. The lack of interest in improvement of tools has been noted as a phenomenon accompanying the dependence on slave labour. And when under the Roman empire we see the free tenant passing into the condition of a serf-tenant, we are witnessing a process that steadily tended to reduce him to the moral labour-level of the apathetic and hopeless slave. To make the agriculture of a district more prosperous was to attract the attention of greedy officials. To resist their illicit extortions was to attract the attention of the central government, whose growing needs were ever tempting it to squeeze more and more out of its subjects. Why then should the rustic, tied to the soil, trouble himself to seek more economical methods, the profits of which, if ever realized, he was not himself likely to enjoy?

LII. LIBANIUS.

In order to get so far as possible a living picture of the conditions of rustic life and labour we must glean the scattered notices preserved to us in the writers of the period of decline. Due allowance must be made for the general artificiality and rhetorical bent of authors trained in the still fashionable schools of composition and style. For even private letters were commonly written as models destined eventually to be read and admired by the public, while in controversial works and public addresses the tendency to attitudinize was dominant. The circulation of literary trivialities and exchange of cheap compliments, especially prevalent in Gaul, was kept up to the last by self-satisfied cliques when the barbarians were already established in the heart of the empire. Nevertheless valuable sidelights on questions of fact are thrown from several points of view. This evidence agrees with that drawn from the imperial laws, and is in so far better for our purpose that it deals almost exclusively with the present. When it looks to the future, it is in the form of petition or advice; while the normal substance of the laws is to confess the existence of monstrous abuses by threatening offenders with penalties ever more and more severe, and enjoining reforms that no penalties could enforce. A writer very characteristic of his age (about 315-400) is the ‘sophist’ Libanius, who passed most of his later years at Antioch, the luxurious chief city of the East. For matters under his immediate observation he is a good authority, and may help us to form a notion of the extent to which imperial ordinances were practically operative in the eastern parts of the empire.

Two of the ‘orations,’ or written addresses, of Libanius are particularly interesting as appeals to the emperor Theodosius for redress of malpractices affecting the rustic population and impairing the financial resources of the empire. The earlier[1616] (about 385) exposes gross misdeeds of the city magistrates of Antioch. What with the falling of old houses and clearing of sites for new buildings there were great quantities of mixed rubbish to be removed and deposited elsewhere. Apparently there was now no sufficient staff of public slaves at disposal; at all events the city authorities resorted to illegal means for procuring the removal. When the country folk came into town to dispose of their produce, the magistrates requisitioned their carts asses mules (and themselves as drivers) for this work. Thus the time of the poor rustics was wasted, their carts and sacks damaged, and they and their beasts sent back to their homes in a state of utter exhaustion. No law empowered the city magnates to act thus. From small beginnings a sort of usage had been created, which nothing short of imperial ordinance could now break and abolish. That the magistrates were conscious of doing wrong was shewn by what they avoided doing. They did not impress slaves or carts from houses in the city. They did not exact like services from the military or powerful landlords. Nor did they lay the burden on the estates[1617] of the municipality, the rents from which were part of the revenues of Antioch. Favour is only justified by equity; and there is, says Libanius, no equity in sparing the luxurious rich by ruining the poor. So he entreats his most gracious[1618] Majesty to protect the farms as much as the cities, or rather more. For the country is in fact the foundation on which cities rest. Without it they could never have existed: and now it is on the rise and fall of rural wellbeing that urban prosperity depends. This appeal speaks for itself. But it is significant that the skilled pleader thinks it wise to end on a note of imperial interest. ‘Moreover, Sire, it is from the country that your tribute is drawn. It is to the cities that you address your orders[1619] for taxation, but the cities have to raise it from the country. Therefore, to protect the farmers is to preserve your interests, and to maltreat the farmers is to betray them.’

In the oration numbered 47 the abuse dealt with is of a very different kind. The date is 391 or 392, and the subject is the ‘protections’ (patrocinia)[1620] of villages. The pressure of imperial taxation and the abuses accompanying its collection had driven the villagers to seek help in resisting the visits of the tax-gatherers. This help was generally found in placing the village under the protection of some powerful person, commonly a retired soldier, who acted as a rallying-centre and leader, probably in most cases backed by some retainers of his own class. Of course these men did not undertake opposition to the public authorities for nothing. But it seems that their exactions were, at least in the earlier stages, found to be less burdensome than those of the official collectors. The situation thus created was as follows. The local senators (curiales) whose turn it was to collect the dues from the district under their municipality (a duty that they were not allowed to shirk) went out to the villages for the purpose. They were beaten off[1621] by use of force, often wounded as well as foiled. They were still bound to pay over the tax, which they had not received, to the imperial treasury. In these latter days default of payment rendered them liable to cruel scourging. So the unhappy curiales had to sell their own property to make up the amount due. The loss of their means strikes them out of the curia for lack of the legal qualification. And this was not only a loss to their particular city: it damaged imperial interests, bound up as the whole system was with maintaining unimpaired the supply of qualified curiales. The evil of these ‘protections’ was, according to Libanius, great and widespread. The protectors had become a great curse to the villagers themselves by their tyranny and exactions. Their lawless sway had turned[1622] farmers into brigands, and taught them to use iron not for tools of tillage but for weapons of bloodshed. And the trouble was not confined to villages where the land belonged to a number of small owners: it extended also to those[1623] under one big proprietor. The argument that the villagers have a right to seek help in resistance to extortion, is only sound if the means employed are fair. To justify this limitation two significant analogies[1624] are applied. Cities near the imperial frontier must not call in the foreign enemy to aid them in settling their differences with each other: they must seek help within the empire. A slave must not invoke the aid of casual bystanders against ill-usage: he stands in no relation to outsiders, and must look to his master for redress. The full bearing of these considerations is seen when we remember that the farmers are serf-tenants. They are owned[1625] by masters, as the municipal city exists only in and for the empire, and the slave has no legal personality apart from his lord.

It is a fact, says[1626] Libanius, that through such evasion of their liabilities on the part of the rustics many houses have been ruined. He is surely referring to the curiales and other landlords resident in the city, the numbers of which class it was the imperial policy to maintain at full strength. In moral indignation[1627] he urges the iniquity of beggaring poor souls who have nothing to live on but the income from their lands. ‘Say I have an estate, inherited or bought, farmed by sensible tenants who humbly faced the ups and downs of Fortune under my considerate care. Must you then stir them up by agitation, arousing unlooked-for conflicts, and reducing men of good family to indigence?’ This appeal would not sound overdrawn in the society of that age, though it might fall somewhat coldly upon modern ears. But the most notable point in this oration is the nature of the remedy[1628] for which the writer pleads, and which none but the emperor can supply. It is simply to enforce the existing law. Some years before, probably in 368, the emperor Valens had strictly forbidden[1629] the ‘protections’ that were the cause of this trouble. So now the appeal to Theodosius is ‘give the law sinews, make it a law indeed[1630] and not a bare exhortation.’ For, if it is not to be observed, it had better be repealed. That a leading writer of the day could so state the case to the ruler of the Roman world is a fact to be borne in mind by readers of the imperial laws.

LIII. SYMMACHUS

In passing on to Q. Aurelius Symmachus[1631] (about 345-405) we find ourselves in very different surroundings. The scene is in Italy, and the author a man of the highest station in what was still regarded as the true centre of the Roman world. He was praefectus urbi in 384-5, consul in 391, and the leading figure in Roman society and literary circles. From the bulky collection of his letters, and the forty reports (relationes) addressed to the emperor by him as city prefect, we get much interesting evidence as to the condition of rural Italy and the anxieties of the corn-supply of Rome. With his championship of the old religion, by which he is best known, we have here nothing to do; and his literary affectations, characteristic of most writers of the later Empire, do not discredit him as a witness. A remarkable feature of his letters is their general triviality and absence of direct reference to the momentous events that were happening in many parts of the empire. His attention is almost wholly absorbed by matters with which he was immediately connected, his public duties, his private affairs, the interests of his relatives and friends, or the exchange of compliments. His time is mostly passed either in Rome or at one or other of his numerous country seats: for he was one of the great landlords of his day, and the condition of Italian agriculture was of great importance to him. As a representative of the landed interest and as a self-conscious letter-writer he resembles the younger Pliny, but is weaker and set in a less happy age.

A topic constantly recurring[1632] in his correspondence is the apprehension of famine in Rome and the disturbances certain to arise therefrom. The distribution of imperial powers among several seats of government (of which Rome was not one) since the changes of Diocletian had left to the ancient capital only a sort of traditional primacy. The central bureaus were elsewhere, and Rome was only the effective capital of the southern division of Italy. Yet the moral force of her great past was still a living influence that expressed itself in various ways, notably in the growth of the Papacy out of the Roman bishopric. For centuries it had been the licensed lodging of a pauperized mob, fed by doles to keep them quiet, enjoying luxurious baths at nominal cost, and entertained with exciting or bloody shows in the circus or amphitheatre. This rabble had either to be kept alive and amused or got rid of; but the latter alternative would surely have reduced Rome to the condition of a dead city. It was morally impossible for a Roman emperor to initiate so ominous a policy. So the wasteful abomination dragged on, and every hitch in the corn-supply alarmed not only the praefectus annonae but the praefectus urbi with the prospect of bread riots. And the assignment of the Egyptian corn to supply Constantinople made Rome more than ever dependent on the fortunes of the African[1633] harvest. When this failed, it was only by great departmental energy that temporary shortage was made good by importations[1634] from Macedonia Sardinia or Spain or even by some surplus from Egypt. Even lower Italy, where little corn was grown, was at a pinch made to yield some. But bad seasons were not the only cause of short supplies. The acts of enemies might starve out Rome, as the rebellion of Gildo in Africa (397-8) nearly did. Moreover the slackness and greed of officials[1635] sometimes ruined the efficiency of the department, and ‘profiteering’ was practised by unscrupulous[1636] capitalists. Nor even with good harvests abroad were the prefects always at ease, since the corn-fleets might be delayed or scattered by foul weather, and meanwhile the consumption did not cease. And it sometimes happened that the cargoes were damaged and the public health suffered[1637] from unwholesome food. Among these various cares the praefectura annonae was no bed of roses. No wonder the worthy Symmachus tells us of private charity[1638] to relieve the necessities of the poor, and even gives a hint of voluntary rationing at the tables of the rich. But in appealing to the gods for succour he rather suggests that human benevolence would be unequal to the strain.

That agriculture was not on a sound footing in most of Italy is evident from several passages in the letters. In one of the earliest (before 376) he tells his father that, though he finds Campania charming, he should like to join him at Praeneste. ‘But’ he adds ‘I am in trouble about my property. I must go and inspect it wherever it lies, not in hope of making it remunerative, but in order to realize the promise of the land by further outlay. For things are nowadays come to such a pass[1639] that an owner has to feed the farm that once fed him.’ Some of the references to the management of estates are rather obscure. In speaking of one near Tibur he mentions[1640] stewards (vilicorum) and complains of their neglect. ‘The land is badly farmed, and great part of the returns (fructuum) is in arrear (debetur): the coloni have no means left[1641] to enable them to clear their accounts or to carry on cultivation.’ The exact status of these stewards and tenants and their relations to each other are far from clear, and the case may have been a peculiar one. Again, writing to bespeak the good offices of an influential man on behalf of an applicant, he says ‘I do this for him rather as a duty[1642] than as an act of free grace, for he is a farm-tenant of mine.’ The tenant’s name is Theodulus, which invites a conjecture that this was a case of an oriental Greek slave placed as tenant on a farm, either for his master’s account, or for his own at a rent, and afterwards manumitted. A reference to servi, dependants (obnoxii)[1643] who are owing him rents which his agents on the distant estate in question do not take the trouble to collect, may point to the same sort of arrangement. In another passage he mentions[1644] a man who was for a long time colonus under a certain landlord, but here too the lack of detail forbids inference as to the exact nature of the relation. That slave labour was still employed on some Italian farms appears from a request[1645] for help in recovering some runaways. They may have been house slaves, but if a neighbouring landlord gave them shelter no doubt he made them pay for it in work. The control of slaves in the country was never easy, and the quasi-military discipline described by Columella was a confession of this. And it was only on a large scale that a staff of overseers sufficient to work it could be provided. The time for it was indeed gone by. Slaves employed in hunting[1646] are mentioned by Symmachus as by Pliny. No doubt they took to this occupation with zest. The degeneracy of hunting by deputy is contemptuously noted as a sign of the times by the soldier critic[1647] Ammianus. But it was no new thing.

That the general state of the countryside was hardly favourable to the quiet development of agriculture may be gathered from many notices. For instance, when he would have been glad to be out of Rome for the good of his health, he complains[1648] that the prevalence of brigandage in the country near forces him to stay in the city. A friend urges him to come back to Rome for fear of a violent raid on an estate apparently suburban: he can only reply[1649] that a breach of possession during his absence will not hold good in law. Whether the militaris impressio[1650] on his farm at Ostia, to which he casually refers, was the raid of foreign foes suddenly landing on that coast, or the lawless outrage of imperial troops, is not certain: I rather suspect the latter. For, fifteen years later (398), after the overthrow of Gildo, he writes[1651] that the soldiers are all back from Africa, and the Appian way is clear: here the meaning seems plain. And his endeavour[1652] to prevent the commandeering of an old friend’s house at Ariminum for military quarters is significant of the high-handed treatment of civilians by army men in those days, of which we have other evidence. Nevertheless men were still willing to buy estates. Symmachus himself was still adding to his vast possessions. We see him in treaty[1653] for a place in Samnium, where there was apparently some queer practice on the part of the seller: in another case he is annoyed[1654] that his partner in a joint purchase has contrived to secure the whole bargain as sole transferee, and rather sulkily offers to waive his legal claims on being reimbursed what he has already paid to the transferor. It seems strange that a man who, beside his numerous properties in Italy, owned estates[1655] in Mauretania (where he complains that the governors allow his interests to suffer) and in Sicily (where the lessee is called conductor, probably a tenant in chief subletting to coloni), should have had an appetite for more investments of doubtful economic value. But other investments were evidently very hard to find in an age when industry and commerce were fettered by the compulsory gild-system. And a man of influence like Symmachus was better able than one of the common herd to protect his own interests by the favour of powerful officials.

We get glimpses of the condition of agriculture in Italy under the strain of events. It must be borne in mind that Italy was no longer exempt from the land-burdens of the imperial system. For many years, certainly from 383 to 398, Rome was hardly ever free from the fear of famine. It was necessary to scrape together all the spare food that could be found in the country in order to eke out the often interrupted importations from abroad. The decline of food-production in rich Campania is indicated by many scattered references. The district was probably too much given over to vines, and a great part of it occupied by unproductive villas. In 396 Symmachus is relieved to know that the corn-supply of Rome is assured, at least for twenty days. He goes on to mention[1656] that corn has been transferred from Apulia to Campania. Whether this was for Campanian consumption, or eventually to be forwarded to Rome, is not stated. I am inclined to the former alternative by the consideration of the quarrel between Tarracina and Puteoli referred to below. That corn should have been brought from Apulia[1657] is a striking fact. A great part of that province was taken up by pastures and oliveyards. It can only have had corn to spare by reason of sparse population and good crops. If we had the whole story of this affair, the explanation might prove to be simpler than it can be now. In 397 he writes[1658] to a friend that the Apulians are having a bad time. They are erroneously supposed to be in for a good harvest, and so are being required to supply corn. This will be stripping the province without materially helping the state. For winter is coming on, and there is not time left to bring such a great crop of ripeness. Symmachus had friends dependent on property in Apulia. Writing some four years later[1659] he refers to this estate as rated for taxation on a higher scale than its income would warrant: he asks the local governor to see that it shall not be crushed by ‘public burdens.’

For to Symmachus, as to all or most men in this passive and cruelly selfish age, the first thought was to protect their own interests and those of their friends by engaging the favour of the powerful. Many of the passages cited above illustrate this, and many more could be given. The candour of some of his applications is remarkable. On behalf of one dependant in trouble he says[1660] to the person addressed ‘but he will get more help from the partiality of your judgment, for he really has some right on his side.’ To another he writes[1661] that of course right is always to be considered, but in dealing with nobiles probabilesque personas a judge should feel free to qualify strict rules, letting the fairness of his decision appear[1662] in the distinction made. This proposition introduces a request on behalf of his sister. Some farms of hers are overburdened with the dues exacted by the state, and are now empty for lack of tenants. Only the governor’s sanction can give them the relief needed to restore them to solvency; and Symmachus trusts that his friend will do the right thing by the lady. In another case[1663] he asks favour for a dependant, significantly adding a request that his friend will see to it that the case does not come before another judge. Now, what chance of asserting their own rights had humble folk in general, and poor working farmers in particular, when governors and judges of all sorts were solicited like this by men whose goodwill was worth securing,—men for the most part unscrupulous greedy and prone to bear grudges, not such as the virtuous and kindly Symmachus? Perhaps nothing shews the selfishness of the rich more than their attempts to shirk the duty of furnishing recruits for the army. Yet we find in one letter[1664] a request to a provincial governor to check the activities of the recruiting agents. That the writer accuses these latter of overstepping their legal powers can only be viewed with some suspicion, considering his readiness to use private influence. Early in 398, when a force was being raised to operate against Gildo, it was thought necessary to enlist slaves from the city households. The protests[1665] of their owners, in which Symmachus shared, were loud: the compensation allowance was too low, and so forth. Yet, if any one was interested in suppressing the rebel, it was surely these wealthy men.

That the obligation of providing for the sustenance of the idle populace of Rome was not only a worry to officials but a heavy burden on farmers in the Provinces whence the supplies were drawn, needs no detailed proof. But they were used to the burden, and bore it quietly in average years. A very bad season might produce dearth even in Africa, and call for exceptional measures[1666] of relief on the part of emperors. So Trajan had relieved Egypt. It was however an extreme step to ease the pressure in Rome by expelling[1667] all temporary residents, as was actually done during the famine of 383. These would be nearly all from the Provinces, and Symmachus uneasily refers[1668] to the resentment that the expulsion was certain to provoke. But in this age a rebellion of provincials to gain redress of their own particular grievances was not a conceivable policy. When discontent expressed itself in something more than a local riot, it needed a head in the form of a pretender making a bid for imperial power. But we are not to suppose that Rome, and later Constantinople, stood quite alone in receipt of food-favours. The case of two Italian municipalities, reported on[1669] by Symmachus in 384-5, proves the contrary, and we have no ground for assuming that they were the only instances. The important port-town of Puteoli was granted 150000 modii of corn yearly towards the feeding of the city by Constantine. Constans cut down the allowance to 75000. Constantius raised it again to 100000. Under Julian a complication arose. The governor of Campania found Tarracina in sore straits (evidently for food) because of the failure[1670] of the supplies due from the towns long assigned for that purpose. Now Tarracina had a special claim to support, since it provided Rome with firewood for heating the baths and lime for the repair of the walls. It seems that the governor felt bound to keep this town alive, but had no new resources on which he could draw. So he took 5700 modii from the allowance of Puteoli and gave them to Tarracina. Final settlement was referred to Julian, but not reached before his death in the Persian war (363). The next stage was that a deputation from Capua[1671] addressed the emperor Gratian, confining themselves to complaint of their own losses. By this one-sided representation they procured an imperial order, that the amount of corn allowance which Cerealis[1672] had claimed for the people of Rome should be given back to all the cities deprived of it by his act. But under this order the total recovered for sustenance of the provincials only reached 38000 modii of corn that had been added to the stores of the eternal city. So Puteoli refused to hand over even the 5700 to Tarracina. And the provincial governor did not go carefully into the terms of the order, but ruled in favour of Puteoli. An appeal followed, and it came out that the grant of 5700 to Tarracina was not an ordinary bounty but an earmarked[1673] sum granted in consideration of services to Rome. The governor did not feel able either to confirm it or to take it away. Therefore the matter was referred to the emperors for a final settlement. This strange story gives us a momentary glimpse of things that make no figure in general histories. The abject dependence of the municipalities on imperial favour stands out clearly: not less so the precarious nature of such favours, a feature of the time amply illustrated by the later imperial laws, numbers of which were simply issued to withdraw privileges previously granted, under the stress of needs that made it impossible to maintain them. Again, we see that in addition to the normal jealousy of neighbours the competition for imperial favour was an influence tending to hinder rather than promote cohesion: tending in fact to weaken the fabric now menaced by the tribal barbarians. Above all, this affair strongly suggests the partiality of the central government to town populations. The farmers of the municipal territories were certainly liable to the land-burdens, and were the ultimate basis of imperial finance: but of them there is not a word. Lastly, we may suppose that inter-municipal disputes such as this were not of very frequent occurrence: but we have no reason to believe that this Campanian case was unique.

LIV. AMMIANUS.

In Ammianus Marcellinus (about 330 to 400) we have an oriental Greek from Antioch who passed a great part of his life in the military service of the empire. He had travelled much, campaigned in Gaul and the East, and was an observant man of wide interests, and in his history impartial to the best of his power. Whether in deliberate criticisms, or in casual references, he is an exceptionally qualified and honest witness as to the state of things in the empire. On one important point his evidence is of special value. All through the surviving portion of his work (353-378) he leaves us in no doubt that the internal evils of the empire were weakening it more than the pressure of barbarians from without. He does not argue this in a section devoted to the topic, but he takes occasion to notice the abuses that impaired the prosperity of the Provinces or led directly to grave disasters. The corruption jealousy greed cruelty and general misrule of officials high and low was no secret to him. That the ultimate sufferers from their misdeeds were the poor, and more particularly the poor farmers, may be gathered from many passages. That the centre of this all-pervading disease lay in the imperial court, a focus of intrigue and jobbery that the very best of emperors could never effectively check, he was surely aware. At least it is only on this assumption that we get the full flavour of his references to court-intrigues and his criticisms of emperors, his balanced discussions of their good and bad qualities and the effects of their policy and practice. In truth the whole system was breaking down. It lasted longer in the East than in the West, because the eastern peoples were more thoroughly tamed. They had been used to despotic government long before the coming of Rome. And the assaults of external enemies were more formidable and persistent in the North and West than in the South and East. Yet, so long as the empire held together, imperial despotism was inevitable. Neither Ammianus nor any other writer of that age did or could offer a possible alternative. Christianity might capture the empire and spread among the barbarians, but it had no constructive solution for the problems of imperial government.

A remarkably plain-spoken passage[1674] occurs in reference to the events of 356, where he describes the administration of Julian in Gaul. By his victories over the Germans he relieved the impoverished Gauls, but this was by no means his only benefit. For instance, where he found at his first coming a tax-unit[1675] of 25 gold pieces demanded as the tributum, at his departure (360) he left things so much improved that seven of these sufficed to meet all dues. Great was the joy in Gaul. As a particular example of his thoughtful care, Ammianus cites his policy in the matter of arrears of tribute. There were occasions, especially in provinces liable to invasion, when it was certain that such arrears could not be recovered in the ordinary course. It was not to the interest of the central government to ruin or turn adrift farmers whose places it would not be easy to fill. This consideration was no doubt used to procure from emperors orders of remission, indulgentiae[1676] as they were called. Julian to the last would not give relief by thus waiving the imperial rights. ‘For he was aware[1677] that the effect of that step would be to put money into the pockets of the rich; the universal practice, as everyone knows, being for the poor to be made to pay up the due amount in full directly the order of collection is issued, and allowed no time of grace.’ It seems then that it was not the amount of the imperial taxation, but the iniquities perpetrated in connexion with its collection, that were the real burden crushing the vitality of the Provinces. So thought Julian, rightly: and in the next year we find him firmly upholding his principles in the face of exceptional difficulties. The emperor Constantius had felt compelled to make Julian Caesar, and to place him at the head of the Western section of the empire. But his jealousy and fear of the Caesar’s winning glory in Gaul led him to surround Julian with officers devoted to himself and secretly encouraged to hamper their titular chief in every possible way. The court of Constantius was a hotbed of intrigue and calumny. Private reports of the doings of Julian were being regularly received. Any reforms that he was able to make in Gaul had to be effected in the teeth of imperial malignity.

A flagrant instance[1678] is seen in the efforts made to thwart his reforming energy during the winter of 357-8. After defeating and humbling aggressive German tribes, he set himself to relieve the distress of the landowners, who had suffered great losses. There was at the time a great need of money. The praetorian prefect of the Gauls, Florentius, proposed to raise the sums required[1679] by an additional levy, and procured from Constantius an order to that effect. Julian would rather die than allow this. He knew what would happen in carrying it out, and that such ‘precautions’ (provisiones)[1680] or rather destructions (eversiones) had often brought provinces into the extremities of want. The Prefect, to whose department the matter in strictness belonged, protested loudly, relying on the powers given him by Constantius. But Julian stood firm, and tried to soothe him by calmly proving that there was no necessity for the proposed measure. Careful calculations shewed that the normal impost (capitatio) would produce enough to furnish the needful supplies, and something to spare. He would have nothing to do with the order[1681] for an extra levy. The Prefect duly reported this to Constantius, who reprimanded the Caesar for his obstinacy. Julian replied that the provincials had been exposed to ravages from various quarters, and that if they were still able to render the usual dues[1682] the government had reason to be thankful. To wring more out of men in distress by punishments was impossible. And he did manage to prevent extraordinary exactions in Gaul. In the winter of 358-9 he continued the same policy. He saw to the equitable assessment[1683] of the tribute, and kept at bay the horde of rascally officials who made fortunes[1684] out of injuring the people. The corruption of the law-courts he checked by hearing the important cases himself. No wonder that in an age of Christian emperors the virtuous pagan earned a reputation as a restorer of Roman greatness far beyond the boundaries of Gaul. Whether the fact that adherents of polytheism were now chiefly to be found among rustics (pagani) had anything to do with Julian’s clear appreciation of the sufferings of countryfolk, is a question on which I cannot venture to offer an opinion.

That all or most of the corn levied by imperial taxation was in the frontier Provinces required for the military commissariat is well known, and the granaries for storing it were a leading feature of permanent camps and garrison towns. The feeding of armies in the field, always wasteful, no doubt consumed a great deal. In the case of Gaul (for to live on the country was starvation to a force invading wild Germany) the quantity to be brought up to the front seems to have been normally more than Gaul could spare. It was usual to rely on the harvests[1685] of Britain. Transport was the main difficulty. Saxon pirates infested the narrow seas, and the navigation of the Rhine was blocked by Franks. Julian’s energy cleared away these obstacles, and saw to the erection or repair of granaries in the Rhineland towns to receive the British corn. These measures enabled him to do without making extra demands on the farmers of Gaul, a step sometimes unavoidable when there was war on the frontiers. Of course such commandeering was very unpopular, and wise generals avoided it whenever possible. Ammianus draws particular attention[1686] to this matter when narrating the campaign of Theodosius in Mauretania (373). He forbade the levy of supplies from the provincials, announcing that he would make the stores of the enemy[1687] provide the commissariat, and the landowners were delighted.

Among the interesting references that occur in the course of the work are some that throw further light on the conditions of life in the parts of the empire subject to invasion. It is not necessary to cite the frequent mention of various kinds of fortified posts from great strongholds to mere blockhouses. These remind us that the strength of the imperial armies could never be so maintained as to guard the frontier at all times on all points. Barbarian raiders slipped through[1688] the inevitable gaps, and wide stretches of country were laid waste long before sufficient forces could be gathered to expel them. We do not need the descriptions of their cruel ravages to convince us that agriculture near the Danube or Rhine borders was a perilous calling. If the farmer were not carried away into bondage or slain, he was left robbed of his all, and in imminent danger of starving: for the barbarians ate up everything, and hunger was a principal motive in leading them to come and warning them to return home. Naturally it was the custom in these border-lands to provide fortified refuges here and there in which local farmers could find temporary shelter with their belongings, and homesteads of any importance were more or less equipped for defence. This was the state of things even in Mauretania. We read of a farm[1689] (fundus) which the brother of Firmus the rebel leader (373) ‘built up after the fashion of a city’; also of one girt with a strong[1690] wall, a very secure refuge for the Moors, to destroy which Theodosius had to employ battering-rams. These are not the only instances. And forts (castella) and walled towns are often referred to. Along the northern borders the necessity for such precautions was much greater. Still it seems that few if any in the latter part of the fourth century foresaw that frontier defences would at no distant date give way before the barbarian flood. A high imperial official, with whose corrupt connivance[1691] gross wrongs had been perpetrated (370) in Africa, on being superseded in office withdrew to his native Rhineland, and ‘devoted himself[1692] to rural affairs.’ The retired ease for which he apparently hoped was soon ended, though not by barbarian raiders. The malignity of a praetorian prefect tracked him to his retreat and by persecution drove him to suicide.

This last episode may remind us that the weakening of the empire was not wholly due to failure of an economic kind or to decay of military skill. The farmers might raise crops enough, the armies might prove their superiority in the field, but nevertheless the great organism was in decline. A general mistrust, fatal to loyal cooperation for the common good, was the moral canker by which the exertions of farmer and soldier were hampered and rendered vain. Officials seeking to ruin each other, emperors turning to murders and confiscations as a source of revenue, all classes bound fast in rigid corporations or gilds under laws which it was their study to evade; the failure of individual enterprise, lacking the joy of individual freedom, and the stimulus of expected reward; in short, everyone ready to sacrifice his neighbour to save his own skin: how was a society characterized by such phenomena to maintain a moral advantage over the rude barbarians? That it was now protected by alien swords, that aliens were even commanding[1693] the Roman armies, was not the main cause of its overthrow. As a rule these barbarians kept their bargain, and shed their blood freely for the empire that enlisted them in masses. But we must distinguish between two or three different classes of these alien defenders. The mere mercenaries need not detain us. More significant were the contingents taken over in large bodies by agreement with the tribes. A good instance[1694] is that of the year 376, when a vast host of Goths sought leave to pass the Danube with the hope of settling on vacant lands south of the river. We are told that the Roman commanders on that front got over their first alarm and took the line that really the emperor was in luck. Here was a huge supply of recruits[1695] brought to him from the ends of the earth, an unlooked-for reinforcement ready to be blended with his own troops, and to make up an unconquerable army. Instead of spending the yearly payments of the provinces[1696] on filling up the ranks, the treasury would gain a great sum of gold. It would seem that they reported to the emperor in favour of the request, for Valens granted the petition of a Gothic embassy. Arrangements were made for transporting them over the river, and it was understood that they had leave to settle in the parts of Thrace. But now troubles began. Greedy Roman officials fleeced and maltreated the hungry horde, who were at length driven into rebellion. With the sequel, the great battle (378) near Adrianople, and the death of Valens, we are not here concerned. But the account[1697] of their ravages in Thrace gives us a picture of the countryside in a harassed province and of the slave labour employed. The rebels, unable to take fortified places by regular siege, overran the country in raiding bands. Captives guided them to places stocked with food. But they were especially encouraged and strengthened by the great number of people of their own race who came pouring in to join them. Ammianus describes[1698] these deserters as men who had long before been sold (into slavery of course) by traders, and with them very many whom at the time of their passing the river, when they were perishing of hunger, they had bartered for thin wine or worthless scraps of bread.

This scene may serve to remind us that slavery and the sale of slaves to Roman dealers were recognized features of German tribal life as described by Tacitus. It also gives us a glimpse of the way in which opportunities of imperial advantage could be wasted or turned into calamities by the unpatriotic and selfish greed of Roman officials. In this case potential recruits were turned into actual enemies; and the barbarian slaves, who should have been tilling Thracian fields in the interest of Rome, were left to guide and recruit the hostile army of their kinsmen. It must not be supposed that all schemes for raising barbarian troops in large bodies were thus by gross mismanagement brought to a disastrous end. The value of sound flesh and blood in the ranks was well understood, and a successful campaign against German tribes could be made profitable from this point of view. Thus in 377, when Gratian had a whole tribe at his mercy, he required of them a contingent[1699] of sturdy recruits to be incorporated in Roman army-units, on delivery of whom he set free the rest to return to their native homes. That such recruits became under Roman discipline so far Romanized as to provide efficient armies is clear from the victories that still delayed the fall of the empire. But ‘Roman’ was becoming more than ever a mere name-label: there had never been a Roman nation. Of the third class of alien soldiery little need be said. Military colonists of barbarian origin had for a long time past been brought into the empire, some as frontier guards holding land on condition of army service, others more in the interior, even[1700] in Italy; and these latter undoubtedly furnished many recruits, on whatever terms. The general result may be summed up in saying that, when the barbarian invaders at last came to stay, they found their kindred already there at home.

LV. CLAUDIAN.

In Claudian, who wrote about 400, we have another oriental Greek, who wrote chiefly in Latin with far more mastery of that language than Ammianus. Stilicho his patron, the great barbarian head of the Roman army, was at the height of his power, and Claudian’s most congenial occupation was to sing his praises and denounce his opponents. He was also poet laureate of the feeble emperor Honorius. Writing mainly on contemporary themes, he is, if allowance be made for his bias, a witness worth citing; but the passages relevant to the present subject are naturally few. In common with other writers of the later ages of Rome he is constantly looking back to a great and glorious past, contrasting painfully with that present which he nevertheless is striving to glorify. Thus he not only refers with enthusiasm[1701] to the old heroes of Roman history and legend, the common material of Roman literature, but even dreams[1702] of a golden age to be, when the earth of her own accord shall render all good things in abundance to a people living happily in communistic brotherhood. This fancy however is no more than a piece of unreal rhetoric, an echo of Vergil. It is inspired by the victories of Stilicho, and the world-dominion under which this beatific vision is to be realized is—the rule of Honorius.

In January 395 the great Theodosius died, and the empire was divided between his two sons. In November, Rufinus, who dominated Arcadius at Constantinople, was murdered. His place was soon taken by the eunuch Eutropius. On these two personages Claudian poured out a flood of invective, speaking for Stilicho and the West. The greed of Rufinus is depicted[1703] as ruinous to the landed interests. ‘The fertility of his land was the ruin of the landlord: a good crop[1704] made the farmers tremble. He drives men from their homes, and thrusts them out of their ancestral borders, either robbing the living or seizing the estates of the dead.’ The jealousy of the West expresses itself in a passage[1705] referring to the famine created in Rome by the rebellion of Gildo in Africa. Honorius (that is Stilicho) is effusively praised for its relief by importations from other Provinces, chiefly from Gaul. That, owing to the claim of the New Rome to the corn of Egypt, the Old Rome should be so dependent on Africa, is a situation indignantly resented[1706] in eloquent lines. A symptom ominous of imperial failure was the attempt to wrest eastern Illyricum from the rule of Arcadius (407-8) an enterprise[1707] secretly concerted between Stilicho and Alaric. Fugitives from Epirus sought refuge in Italy. Stilicho treated them as prisoners of war from an enemy’s country, and handed them over to Italian landlords as slaves or coloni. When Alaric and his Goths moved towards Italy, some of these refugees, aided by a law issued for their protection, found their way home again. Claudian unblushingly declares[1708] that none but Stilicho will be able to heal the empire’s wound: ‘at length the colonus will return to his own borders and the court will once more be enriched by the tributes of Illyricum.’

A Roman view of the intruding barbarians and their capacity of peaceful settlement is in one place[1709] put into the mouth of Bellona the war-goddess. She addresses a Gothic chief in bitter sarcasm. ‘Go and be a thorough ploughman, cleaving the soil: teach your comrades to lay aside the sword and toil at the hoe. Your Gruthungians[1710] will make fine cultivators, and tend vineyards in accordance with the seasons.’ She taunts him with degenerating from the good old habits of his race, war and plunder, and scornfully describes him as one captured[1711] by the glamour of fair dealing, who had rather live as a serf on what is granted him than as a lord on what he takes by force. In short, he is a coward. Now no doubt there were Goths and others, Huns in particular, of this war-loving work-hating type approved by the war-goddess. But abundant evidence shews that many, perhaps most, of the barbarians were quite ready to settle down in peace and produce their own food. When Claudian himself speaks[1712] of the ‘Teuton’s ploughshare’ as one of the agencies producing corn that relieved famine in Rome, he is most likely referring to the many Germans already settled in Gaul as well as to inhabitants of the ‘Germanies,’ the two provinces along the Rhine.

A curious passage[1713] in the poem on the Gothic war and Stilicho’s defeat of Alaric at Pollentia (402) is of interest in connexion with the Roman army and the recruiting system. Of the confidence revived in Rome by the appearance of Stilicho and his troops a vivid picture is drawn, and he continues ‘henceforth[1714] no more pitiful conscription, no more of reapers laying down the sickle and wielding the inglorious javelin ... nor the mean clamorous jangling of amateur leaders: no, this is the presence of a genuine manhood, a genuine commander, a scene of war in real life.’ If this means anything, it implies that hasty levies[1715] of raw countrymen were notoriously unfit to face hordes of barbarian tribesmen in the field. True, no doubt; professional training had been the basis of efficiency in Roman armies ever since the days of Marius. But the words surely suggest further that conscription within the empire was in Claudian’s time not found a success, that is in producing a supply of fit recruits to keep the legions up to strength. This also was doubtless true, as much other evidence attests, and was the main reason why the ‘Roman’ soldiery of the period were mostly barbarians. But here, as usual, the witness of the court-poet is in the form of admission rather than statement. His business was to be more Roman than Rome. It remains only to mention two similes, one of which perhaps refers to free labour. An old crone[1716] has ‘poor girls’ under her engaged in weaving. They beg for a little holiday, but she keeps them at work ‘to earn their joint livelihood.’ This may be a scene from life, but is more likely an echo from earlier poetry. When he illustrates[1717] the effect of Stilicho’s coming on the peoples rising against Rome by comparing them to slaves, deceived by false report of their lord’s death, and caught revelling by him when he unexpectedly returns, it is a scene that might be enacted in any age. The little poem on the old man of Verona is famous as a picture of humble contentment in rustic life. But the main point of it as evidence is that the case is exceptional.

LVI. VEGETIUS.

Vegetius, a contemporary of Ammianus and Claudian, is credited with two surviving works, one on the military system, the other on veterinary practice. Both are largely compilations, and belong to the class of technical writings which formed a great part of the literature of this age. In discussing army matters the author looks back with regret to the sounder conditions of the past. Speaking[1718] of the quality of recruits, he says ‘It can surely never have been matter of doubt that the common countryfolk are more fit (than townsfolk) to bear arms, reared as they are in toil under the open sky, able to stand the heat of the sun and caring not for the shade, with no experience of baths or knowledge of luxuries, straightforward and frugal, with limbs hardened to endure any kind of toil; for the wearing of armour, digging of trenches, and carrying their kit, are continuations of rustic habit.’ It is true that sometimes town-bred recruits have to be levied, but they need long and careful training to fit them for active service. True, the Romans of old went out to war from the city. But luxury was unknown in those days: the farmer of today was the warrior of tomorrow, by change of weapons. Cincinnatus went straight from the plough to be dictator. A little after, speaking[1719] of the standard of height, he tells us that it has always been usual to have a standard tested by actual measurement, below which no recruit was passed for service in certain crack units. But there were then[1720] larger numbers to draw from, and more men followed the combatant service, for the civil service[1721] had not as yet carried off the pick of those in military age. Therefore, if circumstances require it, strength rather than height should be the first consideration. I am loth to infer much[1722] from this passage, the period referred to in ‘then’ being undefined. What it does shew is that in the writer’s own time a considerable number of men of military age (Romans being meant) were attracted by the civil career of the new imperial service, which in all its grades was technically styled[1723] a militia. Nor does it appear certain that in preferring the rustic recruit to the urban Vegetius implies the existence of a plentiful supply of the former among the subjects of the empire. His words rather suggest to me the opposite conclusion, which is in agreement with the evidence from other sources.

Turning to the veterinary work (ars mulomedicinae) we come upon a chapter devoted[1724] to the management of horses. It is well to keep a free space near the stable for the beasts to get exercise by rolling, for they need exercise. ‘And for this end it is very helpful to have them mounted[1725] often and ridden gently. Unskilful riders spoil both their paces and their temper. Most mischievous is the recklessness[1726] of slaves. When the master is not there, they urge his horses to gallop, using spur as well as whip, in matches of speed with their mates or in fiercely-contested races against outsiders: it never occurs to them to halt or check their mounts. For they give no thought[1727] to what is their master’s loss, being well content that it falls on him. A careful owner will most strictly forbid such doings, and will only allow his cattle to be handled by suitable grooms who are gentle and understand their management.’ We must bear in mind that the horse was not used in agriculture or as an ordinary beast of burden. Horse-breeding was kept up to supply chargers for war, racers for the circus, mounts for men of the wealthier classes in hunting or occasionally for exercise, for solemn processions and such like. When Vegetius treats of a stable or stud of horses, he has in mind the establishment of a gentleman of means, and it is worth noting that such an establishment could be contemplated by a writer of about 400 AD. This harmonizes with the picture of Italian conditions that we get from the letters of Symmachus and other sources. A few rich were very rich, the many poor usually very poor. The carelessness, wastefulness, thievishness, of slaves is a very old story, and in the middle of the fourth century had been bitterly referred to[1728] by the emperor Julian. That Vegetius does not advise the owner of these slave grooms to make a vilicus responsible for seeing that his orders are obeyed, is probably due to the rigidly technical character of the treatise: he is not writing on the management of estates.

Notes in this chapter

Note 1 · There were in the latter half of the third century some signs of the coming reconstruction. But they came to no effect.Note 2 · Cod Th V 17 (9) § 1 apud quemcumque colonus iuris alieni fuerit inventus, is non solum, eundem origini suae restituat verum super eodem capiNote 3 · See Weber, Agrargeschichte pp 256 foll.Note 4 · See Seeck II 320 foll, 330 foll.Note 5 · Cod Just XI 59 § 1, in which Constantine, finding the civitatum ordines unequal to this burden, extends the liability to other landlords alsNote 6 · See Seeck II 214 foll, 223, 249, IV 88.Note 7 · Seeck II 249, 284. See Cod Th XI 2 §§ 1-5 (dates 365-389), not in Cod Just.Note 8 · Heisterbergk p 59 with references. Seeck, Schatzungsordnung pp 302-5.Note 9 · The details of this system are fully discussed in Seeck’s great article, die Schatzungsordnung Diocletians, in the Ztschr für social und WirNote 10 · Digest I 5 § 17, Dion Cass LXXVII 9 § 5. Schiller Geschichte I pp 750-1 thinks that military motives had much to do with it, as adding to thNote 11 · See Seeck II 323. Cf Lactant mort pers 23 § 5, Victor Caes 39 § 31.Note 12 · Through the ius commercii.Note 13 · Seeck, Schatzungsordnung, cited above.Note 14 · A long title in cod Th is devoted to remissions, XI 28, consisting of temporary laws. And these deal chiefly with Italian and African ProvinNote 15 · In the panegyric (No VIII cap 11) on Constantine we have mention of a reduction of 7000 capita for relief of a district in Gaul.Note 16 · Cod Th XI 1 § 14. Cf. Seeck, Schatzungsordnung pp 315-6.Note 17 · Compare the conduct of the magistrates of Antioch in the evidence of Libanius cited below.Note 18 · See for instance cod Th XIII 10 § 1.Note 19 · See below, in section on Salvian.Note 20 · See Ammianus XIX 11 § 3, Victor Caesares 13 §§ 5, 6. A long title cod Th VIII 5 is devoted to the cursus, containing 66 laws from 315 to 407Note 21 · Cf cod Th XI 16 § 3 (324), § 4 (328).Note 22 · Cf Cic II in Verr III § 190, Tac Agr 19. Cf cod Th XI 1 § 22 (386), with Godefroi’s notes, also §§ 11 (365) and 21 (385), XIV 4 § 4 (367).Note 23 · See the title de naviculariis, cod Th XIII 5, including 38 laws.Note 24 · Cod Th XIV 18 de mendicantibus non invalidis.Note 25 · If I rightly interpret Dig L 5 § 1² (Ulpian) cases had occurred earlier of men liable to office even pretending to be mere coloni in order tNote 26 · Very significant is the law cod Th XVI 5 § 48 (410) by which even heretics are held to curial duty.Note 27 · See Seeck, Schatzungsordnung pp 315-6, De Coulanges p 119.Note 28 · See Weber, Agrargeschichte pp 266-7.Note 29 · Cf cod Th XI 16 passim.Note 30 · A rule of 366, or later according to Mommsen, cod Th XI 1 § 14, cod Just XI 48 § 4.Note 31 · Cf cod Th XIII 10 § 3, retained in cod Just XI 48 § 2, plainly recognizing this.Note 32 · See the advantages of the colonate summed up in de Coulanges p 144, and cf ibid p 139.Note 33 · Lactantius de mort pers 7 § 3.Note 34 · enormitate indictionum.Note 35 · Cf Augustin de civ Dei X 1 coloni, qui condicionem debent genitali solo, propter agri culturam sub dominio possessorum.Note 36 · Cf cod Th V 17 (9) §§ 1, 2 (332), etc.Note 37 · Cod Th XI 3 § 2.Note 38 · The capitatio.Note 39 · Cod Just XI 48 § 7.Note 40 · Schatzungsordnung pp 313-4.Note 41 · Rostowzew Geschichte des Röm Colonates pp 381-97 traces the abandonment of the policy of favouring coloni, and adoption of reliance on greatNote 42 · Cod Just XI 50 § 1 (Constantine).Note 43 · Cod Just XI 50 § 2.Note 44 · Cod Th XI 1 § 12 (365).Note 45 · Wallon, Esclavage III 266, 282.Note 46 · For instance cod Th XI 11 (date somewhere 368-373), IV 13 §§ 2, 3 (321). Also XI 7-10, 16 § 10, etc.Note 47 · Seeck, Schatzungsordnung pp 285-308, with an account of local variations. For instance, in Africa and Egypt there was no capitatio.Note 48 · See cod Th VII 13 § 7, 8 (375, 380). Even the imperial estates made liable, ibid § 12 (397). Dill p 196. In 379 Theodosius had to raise recrNote 49 · Cod Th VII 18 § 10, cf VIII 2 § 3 (380). See Seeck II 490-1.Note 50 · Cod Th VIII 2 § 3. By long use the word had become quite official. Cf inopes ac vagi in Tac ann IV 4, etc.Note 51 · Cod Just XII 33 § 6.Note 52 · De Coulanges pp 168-9 points out that in the early Middle Age we find ingenui = coloni.Note 53 · temonaria functio. See Dirksen under temo. Cod Th XI 16 §§ 14, 15, 18, cf VII 13 § 7, VI 26 § 14.Note 54 · Wallon III 149, 476.Note 55 · Cod Th VII 13 § 7, where occur the words cum corpora postulantur opposed to aurum. For the money-commutation (adaeratio) often accepted fromNote 56 · Cf Vegetius rei milit I 7, of the disasters caused by slovenly recruiting, dum indicti possessoribus tirones per gratiam aut dissimulationemNote 57 · Cod Th IV 13 §§ 2, 3, kept with variants in cod Just IV 61 § 5.Note 58 · Cod Th XI 8.Note 59 · Cod Th XI 16 § 10, 17 §§ 2-4.Note 60 · For the special position of imperial senators see Dill pp 126, 166, 196, 218 foll.Note 61 · Cod Th XI 11, kept with some omissions in cod Just XI 55 § 2.Note 62 · Cod Th XI 16 § 4, cod Just XI 48 § 1.Note 63 · Seeck I, chapter on die Ausrottung der Besten.Note 64 · Pliny NH XVIII 296. Palladius VII 2.Note 65 · hoc compendio. Pall.Note 66 · Orat 50. I take the date given by Förster.Note 67 · For such properties see cod Th X 3.Note 68 · φιλανθρωπότατε βασιλεῦ.Note 69 · § 36 γράμμασι, which I take to be = indictiones.Note 70 · In cod Th the title XI 24 is de patrociniis vicorum, and the laws range from 360 to 415. Cod Just XI 54 shews that the evil was still in exiNote 71 · Orat 47 §§ 8-10. Zulueta (see below) points out that the protection given by the patrons was exerted quite as much by improper influence on Note 72 · § 6 τοῦτο καὶ λῃστὰς γεωργοὺς ἑποίησε.Note 73 · § 11 ἀλλὰ καὶ οἷς εἷς ὁ δεσπότης.Note 74 · §§ 19-21.Note 75 · § 24 ὦν εἰσιν (οἱ γεωργοί).Note 76 · §§ 17, 18.Note 77 · § 34.Note 78 · §§ 36-8 δὸς δὴ νεῦρα τῷ νόμῳ καὶ ποίησον αὐτὸν ὡς ἀληθῶς νόμον ἀντὶ ψιλῆς προσηγορίας ... etc.Note 79 · Cod Th XI 24 § 2 (Valens).Note 80 · Note that the law Cod Th XII 1 § 128, sternly forbidding militares viri to interfere with curiales or to use any violence to leading men in Note 81 · The leading authority on Symmachus is O Seeck. In particular the dating of many of the letters in his great edition (MGH, Berlin 1883) is ofNote 82 · See epist II 6, 7, 52, IV 5 (4), 18, 21, IX 14, 114 (124), X 2, 21, relat 3 §§ 15-18, 9 § 7, 18, 35, 37.Note 83 · epist III 55, 82, IV 54, 74, VII 38, 68, relat 18.Note 84 · epist II 6, III 55, 82, IX 42, VII 68, relat 9, 18, 37.Note 85 · epist VII 66, IX 10, relat 18.Note 86 · epist II 55, IV 68.Note 87 · epist VI 15 (14).Note 88 · epist VI 15 (14), VII 18, 68. Seeck, V 284, 555.Note 89 · epist I 5 ut rus quod solebat alere nunc alatur. Cf cod Th XI 1 § 4.Note 90 · epist VI 82 (81).Note 91 · nihilque iam colonis superest facultatum quod aut rationi opituletur aut cultui.Note 92 · epist VII 56 cum sit colonus agrorum meorum atque illi debita magis quam precaria cura praestetur.Note 93 · epist IX 6. Cf IX 11.Note 94 · epist IX 47 (50).Note 95 · epist IX 140 (X 18).Note 96 · epist VIII 2. Plin epist I 6, V 6 § 46.Note 97 · Amm Marc XXVIII 4 § 18 alienis laboribus venaturi.Note 98 · epist II 22.Note 99 · epist V 18.Note 100 · epist II 52. Cf the cases contemplated in Dig XIX 2 §§ 13⁷, 15².Note 101 · epist VII 38.Note 102 · epist IX 45 (48).Note 103 · epist VI 11.Note 104 · epist IX 27 (30).Note 105 · epist VII 66, IX 49 (52). In the law of 414 Cod Th XVI 5 § 54 we have these conductores privatorum opposed to conductores domus nostrae in ANote 106 · epist VI 12.Note 107 · In quality the Apulian wheat was thought excellent. Varro RR I 2 § 6.Note 108 · epist IX 29.Note 109 · epist VII 126 res ... non tam reditu ampla quam censu.Note 110 · epist IX 11 sed maior opitulatio ex tui arbitrii favore proveniet, cum causae eius etiam iustitia non desit.Note 111 · epist IX 37 (40).Note 112 · ut perspiciatur in discretione iudicium.Note 113 · epist IX 47 (50).Note 114 · epist IX 10.Note 115 · epist VI 59 (58), 65 (64).Note 116 · epist IV 74.Note 117 · epist II 7.Note 118 · quanto nobis odio provinciarum constat illa securitas.Note 119 · relatio 40.Note 120 · quod nihil subsidii decreta dudum oppida conferebant. This seems to imply a previous grant to Tarracina, levied on other towns. Cf relat 37 Note 121 · Capuana legatio. Meaning Campanian, I take it.Note 122 · Neratius Cerealis, praef annonae 328, praef urbi 352-3, consul 358. Godefroi’s Prosopographia, Wilmanns inscr 1085, and cod Th XIV 24. The oNote 123 · secretum.Note 124 · XVI 5 §§ 14, 15.Note 125 · Seeck, Schatzungsordnung p 306, keeps the MS reading capitulis here. See his remarks, and for the word capitulum cf cod Th XI 16 § 15 (382) Note 126 · The title cod Th XI 28 is de indulgentiis debitorum.Note 127 · norat enim hoc facto se aliquid locupletibus additurum, cum constet ubique pauperes inter ipsa indictorum exordia solvere universa sine laxaNote 128 · XVII 3.Note 129 · quicquid in capitatione deesset ex conquisitis se supplere. conquisita are the sums produced by a superindictio raising the amount to be levNote 130 · Cf XXX 5 § 6 provisorum, cod Th XII 1 § 169 tuae provisionis ... incrementis.Note 131 · indictionale augmentum.Note 132 · sollemnia ... nedum incrementa.Note 133 · XVIII 1.Note 134 · quorum patrimonia publicae clades augebant.Note 135 · XVIII 2 § 2 and references in Wagner’s edition. Schiller, Kaiserzeit II p 313.Note 136 · XXIX 5 §§ 10-13.Note 137 · messes et condita hostium virtutis nostrorum horrea esse.Note 138 · As when in Pannonia (373) they crossed the Danube and occupatam circa messem agrestem adortae sunt plebem, XXIX 6 § 6.Note 139 · XXIX 5 § 13 in modum urbis exstruxit.Note 140 · XXIX 5 § 25 muro circumdatum valido. In XXX 10 § 4 we find Murocincta as the name of a villa and Triturrita in Rutilius de reditu I 527, 615Note 141 · XXVIII 6 § 8.Note 142 · XXX 2 § 10 negotiis se ruralibus dedit.Note 143 · There was much jealousy on this score, and a powerful reaction, as after the death of Valentinian in 375, but even then the foreign element Note 144 · XXXI 4 §§ 4, 5.Note 145 · ex ultimis terris tot tirocinia. Cf XIX 11 § 7.Note 146 · et pro militari supplemento, quod provinciatim annuum pendebatur, thesauris accederet auri cumulus magnus. I hope I am right in referring thNote 147 · XXXI 6 § 5.Note 148 · dudum a mercatoribus venundati, adiectis plurimis quos primo transgressu necati inedia vino exili vel panis frustris mutavere vilissimis.Note 149 · XXXI 10 § 17, inventute valida nostris tirociniis permiscenda.Note 150 · XXVIII 5 § 15 of Theodosius defeating Alamanni, pluribus caesis, quoscumque cepit ad Italiam iussu principis misit, ubi fertilibus pagis accNote 151 · For instance, in Rufinum I 200-5, de bello Gildon 105-12, de IV cos Honor 412-8.Note 152 · in Rufin I 380-2.Note 153 · in Rufin I 189-92.Note 154 · metuenda colonis fertilitas.Note 155 · in Eutrop I 401-9.Note 156 · de bello Gildon 49-74.Note 157 · See Bury, Later Roman empire I 108-9, Seeck, Untergang V 379-80, Dill, Roman Society p 233, Wallon, Esclavage III 276-7. The affair is referNote 158 · de cos Stilichonis II 204-7.Note 159 · in Eutrop II 194-210.Note 160 · bene rura Gruthungus excolet et certo disponet sidere vites.Note 161 · quem detinet aequi gloria concessoque cupit vixisse colonus quam dominus rapto.Note 162 · in Eutrop I 406 Teutonicus vomer.Note 163 · de bell Goth 450-68.Note 164 · non iam dilectus miseri nec falce per agros deposita iaculum vibrans ignobile messor ... sed vera inventus, verus ductor adest et vivida MarNote 165 · Cf Vegetius rei milit I 7, of disasters in recent times, dum longa pax militem incuriosius legit.Note 166 · in Eutrop II 370-5.Note 167 · de bell Goth 366-72.Note 168 · epitoma rei militaris I 3.Note 169 · rei milit I 5, senos pedes vel certe quinos et denas uncias [has not ad fallen out before senos?]. In a law of 367, cod Th VII 13 § 3 in quiNote 170 · tunc. When? From I 28 it might be inferred that he looks back to the first Punic war. But I do not think so.Note 171 · necdum enim civilis pars florentiorem abduxerat iuventutem. So I 7 civilia sectantur officia.Note 172 · The assertion that Martius calor has not subsided (I 28), accepted by Seeck I 413, seems to me rhetorical bravado. Much more likely is the vNote 173 · Seeck II 88 foll. Hence army service was called militia armata.Note 174 · mulomed I 56 §§ 11-13.Note 175 · si saepius et cum moderatione animalia sedeantur. For sederi cf § 35 sub honesto sessore, Spart Hadr 22 § 6, cod Th IX 30 § 3.Note 176 · servorum impatientia.Note 177 · neque enim de damno domini cogitant, quod eidem contingere gratulantur.Note 178 · Julian orat VII p 232 a-b.
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