THIRD MILLENNIUM LIBRARY
 
 

HISTORY OF ROME-THE IMPERIAL PEACE

CHAPTER I

VI.

ADMINISTRATION AND LEGISLATION

 

Thus far we have seen Domitian mainly in his relations with the Senatorial class: they regarded him, with reason, as a persecutor and their description of him as a tyrant has prevailed. There is, however, another side to consider, how he administered the Empire.

In the capital his first task was to feed the populace and keep it contented, and this he achieved. Three times he distributed congiaria amounting in all to 225 denarii a head, the last one apparently in 93; he also gave games, wild-beast hunts, races and a mimic naval battle, and for these purposes he erected two schools for gladiators, and constructed a naumachia by the Tiber. But he was eager to offer the people more refined amusements than these; the Capitoline Agon which he founded included contests (in the Greek manner) not only in sport but in literature, and for these he built a Stadium and an Odeum in the Campus Martius. Building suited well his taste for display and magnificence; besides, the death of Titus and the fire of the year 8o had left much work unfinished and much to repair and reconstruct. In consequence the achievement of his principate in building was solid and splendid. He restored the Saepta, rebuilt the temples of Sarapis and of Isis (in front of which he placed obelisks specially broughtfrom Egypt), the Pantheon, and the Baths of Agrippa, and the Porticus Octaviae (with its libraries), all of which had been damaged; to fill the libraries he sought for books far and wide, even sending scribes to Alexandria to copy rare ones. In addition to work on the Colosseum he completed the Baths that Titus had begun and his temple to Vespasian, which now became the temple of the deified Vespasian and the deified Titus, and he also dedicated in the Campus Martius a colonnade, the Divorum Porticus, containing two shrines to their memory. Between the Forum Augusti and the new Forum Pacis, he swept away the untidy Argiletum and constructed a Forum of his own, which was later appropriated by Nerva. On the Quirinal he built a temple to the Gens Flavia, and on the Capitol, from which he had escaped in 69, disguised and in humiliation, he erected in gratitude a huge temple to Juppiter the Guardian with an image of the god holding his lap. Most splendid of all was the restored temple of Juppiter Optimus Maximus on the Capitol, which with its columns of Pentelic marble, its doors plated with gold, and its gilded tiles, was one of the wonders of the world. But Domitian was determined, like Nero, to be properly housed; in Rome the architect Rabirius spent eleven years refashioning the imperial palaces, and on the Alban Mount, in the early years of his reign, there arose a magnificent villa, with theatre and amphitheatre close by, over­looking the waters of the Alban Lake, upon which, in summer, the imperial barge could float in unbroken calm and silence. Detractors complained that Rome was shaken by the weight of the lorry-loads that rumbled through the city and that vast sums were poured out on his private pleasure. Yet much of the money was not spent upon these or on display alone; apart from the temples, prosaic but useful work was certainly carried out by his engineers upon the water-system of Rome, and granaries for the storage of corn and spices and pepper were built. Still it cannot be denied that this huge programme of building was costly: the gold-work of the Capitoline Temple alone accounted for 12,000 talents, and during the twelve years between 81 and 93 (for that year sseems to mark the completion of the programme) enormous sums must have been expended.

On that important aspect of an emperor's policy, the financial, we have little accurate information though plenty of assertion. Domitian had no intention of doing things shabbily: his constant instruction to his agents was "ne quid sordide facerent". But to add to the cost of buildings and shows, there were the increased pay of the soldiers and wars between 81 and 93 to finance, while no new sources of revenue had been tapped. Money must have been needed; whence did it come? To Pliny the Younger, writing in the reaction that followed Domitian's death, Domitian was a monster of rapacity, whose lavish grants to the populace were drawn from murder and confiscation. Suetonius, more detached and writing a little later, notes a deterioration in Domitian's character and is inclined to explain it by the hypothesis that contrary to his natural disposition lack of funds made him predatory and fear made him cruel, and this explanation seems more reasonable.

From the start, however, he had all his father's financial shrewdness. Though in Italy and Rome he was lenient enough at first, elsewhere taxes were gathered in strictly. The Nasamones in Africa are said to have revolted because of the exactions of the collectors, and the poll-tax upon Jews was rigorously enforced, giving rise to many malicious prosecutions. Other sums, too, went to enrich the Imperial chest. Frontinus declares that Domitian appropriated to it the income that accrued from the aqueducts; Pliny avers that any means was employed to rake money into the Fiscus—prosecutions under obsolescent laws (such as the Lex Voconia of 168 B.C.), trials for maiestas with subsequent confiscations, the encouragement of slaves to lay information against their masters, and so on. On one point we can certainly trace a definite hardening, for those condemned to relegatio no longer retained their property but forfeited it to the Fiscus. Apart from that the evidence is not overwhelming, for in the last years of the reign, when prosecutions followed each other fast, most of Domitian's building programme had been carried out, the wars in the North were over, and expenses should therefore have fallen. It may well be that under Domitian the process of centralizing the finances of the Empire initiated by Claudius was being carried still further, but we must not overlook the possibility that these trials and confiscations were not the result of an economic need, but were rather part of a definite political purpose, that purpose being the complete crippling, financial and moral, of the aristocratic opposition. In the present state of the evidence, however, it would be unwise to pronounce definitely, for we have no means of judging the Emperor's intentions: we can only view, through the glass of a hostile tradition, his actions. In fairness to Domitian it must be noted that, however great the financial stringency, he did not take the fatally easy step (that Nero had taken and that Trajan was to take) of debasing the coinage; indeed recent researches suggest that he raised it somewhat above the Neronian levels.

 LEGISLATOR AND CENSOR  

But in spite of all that Domitian spent on pleasing the populace he was never its servant, like Nero; he would allow it spectacles and shows, but he disapproved of mimes and farces and forbade actors to appear in public. It was a step that Tiberius would have applauded, and it is amusing to watch the efforts Pliny makes to minimize a measure of which he approved but which a tyrant had ordained. It well illustrates the rigorous and reformatory side of his character, and leads to a consideration of Domitian's own legislation and of his attitude towards jurisdiction. An archaic severity pervades much of it, whether it be the revival of half-forgotten laws or the enactment of new ones. One salutary enactment came early, a veto on the practice of castration, and he followed this up later by restrictions on child-prostitution and other such practices.He enforced thel provisions of the Lex Scantinia, which imposed a fine upon those found guilty of un­natural vice, and he put some restrictions upon prostitutes: they were deprived of the right to ride in a litter, and were not allowed to accept legacies or inheritances, in effect were reduced to the status of freedwomen. It was an easy and grateful task for his enemies to retort that he himself was tainted by most of the vices that he burned to repress, but even a glance at the poems of Martial and Juvenal suggests that Rome badly needed such legislation, and much of it was re-enacted by succeeding emperors.

Some phrases in contemporary poets imply that he enforced the provisions of the Lex Julia de adulteriis, and where his religious sense was shocked as well he showed himself implacable. A case of adultery by Vestal Virgins had been overlooked by his more charitable father and brother, but in 83 when three Vestals were found guilty, their lovers were relegated and they themselves merely allowed to choose their mode of death. Seven years later he had grown austerer still: the Chief Vestal, Cornelia, was guilty; her lovers (save one, Valerius Licinianus) were beaten to death with rods, and Cornelia was condemned to be buried alive. It was, indeed, the traditional punishment, but the infliction of it sent a thrill of horror through the City, and men whispered that Domitian had merely gratified his cruelty.

As an upholder of the hierarchical order of society he tried to discourage over-indulgence to slaves and easy manumission; thus he warned the court of the recuperatores that they must not grant to a claimant the free status to which he pretended, except on convincing proof, and he went so far as to restore to his former master an escaped slave who had actually risen to centurion's rank. Two decisions of his, preserved in the Digest, show a harshness of temper typical of him and quite out of touch with the humaner trend of the times; the first, a senatus consultum, ordained that if a man could prove that there had been fraudulent or collusive manumission of a slave, he could own that slave in future; the second laid down that if a slave, on some charge, had been put in chains awaiting trial, the usual pardons and remissions granted by the Senate on days of public rejoicing should not apply to him; he could not be loosed even though his master should offer bail, and the trial must be carried through. It was a measure that wrung a protest from the equitable Papinian, yet it is likely enough that throughout Domitian plumed himself on being a supporter of the Augustan Roman tradition, and many of his actions hark back to the first princeps. He paraded an anxiety to uphold the dignity and status of the different orders. As in Augustus' time, authors of lampoons against noted men and women were severely punished and their writings burnt. A certain Rustius Caepio had directed in his will that a sum of money should be paid to senators as they entered the Curia; it was a practice possible and frequent in small municipalities, but Domitian cancelled the order, as not befitting the dignity of the Senate of Rome. Herein he was undoubtedly right, as in his other provisions for public order and decency; to the Equites he again secured their coveted fourteen rows of seats in the theatre, and he insisted that Roman citizens must, on public occasions, wear the distinctive Roman dress, the toga.

At the beginning of his reign he displayed a lenity and generosity over money-matters which Suetonius candidly admits. There was to be none of the cheese-paring policy of his father; the Fiscus was full and there was no need to hunt out long-standing debts; those more than five years old were cancelled, and in future an informer must bring his charge within a year and was liable to exile if he failed to prove his charge. Malicious accusations, even though they might bring gain to the Fiscus, he severely discouraged. By constant attendance at the courts, like Tiberius or Claudius before him, he secured the impartial administration of justice against influence or bribery; indeed judges who took bribes found themselves degraded. He refused to accept a legacy if the testator had left children alive, and in his treatment of the problem of subsiciva, he showed the same liberal attitudes. To evict occupiers after long undisturbed possession, as his father and Titus had done, was extremely unfair; to leave things as they were would subject them to the vexatious attentions of informers. He took the wise and generous step of granting the subsiciva in free­hold to the occupiers, and solved the problem for good.

A second incursion into agrarian matters was not so helpful. Like others in his time he was struck by the predominance of vine over wheat in Italy and elsewhere, and feared a possible shortage of corn supplies. His remedy was drastic; by an edict he forbade the planting of any more vines in Italy, while in the provinces existing vineyards were to be reduced by one half and the ground given over to wheat-growing. Suetonius adds that he did not follow the edict up vigorously: it would certainly have had to face considerable opposition and possibly it was not introduced in some provinces at all, but it is thought that in Northern and Central Gaul and to a certain extent in the Danubian provinces it was put into effect.

  A STERN MASTER 

About his administration of the provinces there is little that can be affirmed, for evidence is singularly lacking, and it may be that Nerva and Trajan have absorbed some of the credit due to him. Following the condemnation of his memory many of his monuments were overthrown and mention of him erased, and this makes knowledge difficult. Suetonius i records his deliberate opinion that 'he gave such attention to controlling magistrates in the City and governors in the provinces that they were never more just or more moderate; since his death we have seen many of them accused on every kind of charge.' In this strict control of his helpers he resembled his model Tiberius. The only recorded trial, however, is that of Baebius Massa, the proconsul of Baetica, prosecuted by the whole province, which chose Pliny and Herennius Senecio as its advocates. Massa had been an informer, but Domitian put no obstacles in the way, and in 93 he was duly tried and condemned. Similar was his treatment of an avaricious aedile; he made the tribunes hale him before the court of the Senate on a charge of extortion.

The regular routine work was conducted smoothly: in Italy roads were mended and improved, and in the provinces, especially in Asia Minor, the road-system was kept in a high state of efficiency; the repairs recorded here show how all-important was swift communication between the Danubian and the Eastern armies. Over the whole Empire generally the work of romanization was going on steadily, and there is no need to note Domitian's contribution in each province, for he was simply carrying on the task left him by his father. As might be expected from his disposition, he showed a marked sympathy for the cities of Greece. He allowed Corinth to mint money again, he held the office of Archon Eponymus at Athens, in 84 he undertook to repair the temple of Apollo at Delphi, and in 93 he rebuilt for Megalopolis at his own expense a colonnade that had been burnt downs. Equally keen was his interest in the historic cities of Greek Asia Minor, such as Rhodes and Ephesus; he apparently extended the boundaries of the temple of Ephesian Artemis, and in that city there stood his own temple with a colossal cult-statue. Apart from one or two isolated dedications, as that from the Koinon of the Lycians or from Smyrna, little remains in the peninsula to record his principate. To the south-east, the little client-kingdom of Chalcis was absorbed into the province of Syria in the year 92, and the principality of Emesa suffered the same fate; Judaea remained quiet. In Egypt we find a canal being dug to connect the Nile with Alexandria, a few dedications and the tariff-table at Coptos, but that is all. On many even of these monuments the abhorred name has been obliterated: others probably endured even worse treatment, flung down and shattered to pieces.

The personnel sent out to govern these provinces was good; many who afterwards attained high places under Trajan or Hadrian had already been employed by Domitian. To mention a few names—T. Avidius Quietus, P. Calvisius Ruso Julius Frontinus, C. Caristanius Fronto, Tacitus himself, and the two Asiatic senators, Tib. Julius Celsus Polemaeanus and C. Antius A. Julius Quadratus, all held commands or governorships in his reign. Good fortune has preserved for us an admirable edict issued by one of his governors, L. Antistius Rusticus, who was legate of the enlarged province of Galatia-Cappadocia between 84 and 94. Owing to a severe winter and scarcity of corn the price of wheat had soared high in the city of Antioch-by-Pisidia, and in answer to a petition from its Senate Rusticus orders a general declaration of all grain in store to be made by all the inhabitants, who must be prepared (after making reasonable deductions) to sell the surplus at a price to be fixed by him. The price, 'as it is most unfair that men should make a profit from the hunger of their fellow-citizens,' is fixed at a little above the normal. The only complaint that could justly be made was that Domitian gave some of the highest offices to knights and freedmen; thus he included knights as well as senators in his consilium, he placed his Praetorian Prefect, Cornelius Fuscus, at the head of the legions in the Dacian War, and doubtless his emergency order to a procurator, C. Minicius Italus, to take charge of the province of Asia upon the death of a proconsul, caused scandal among the nobility. But to that the answer is that most of these were energetic and trustworthy men, and that their choice was a concession to efficiency like the sending of the Greek-born Senators to positions of trust in the Eastern, though not in the Western, provinces. As his successors approved his choice of governors, so they continued in office his capable secretary Cn. Octavius Titinius Capitol, who held the post of Latin secretary under both Nerva and Trajan.

DOMINUS ET DEUS

A final topic remains, his deification. Both Suetonius and Dio assert that he styled himself "Master and God" and liked to be so addressed. Inscriptions, naturally enough, bear no trace of this, but the fact that in 89 Martial can speak of an edictum domini deique nostri,' and the scornful remarks of Pliny and Dio Chrysostom later leave no doubt that in the second half of his reign Domitian did accept a form of address which implied his divinity and mastership. In fact he was moving, though with greater deliberation and more calculated policy, along the path that Gaius and Nero had already trodden. As god-monarch of the Roman realm, placed above all both in appearance and in facts, he needed no Senate to partner him but only ministers and servants; hence the opposition of the Senatorial order and its pitiless supression.

Terrorism certainly flourished during rhe last years; even soldiers could be used as spies and agents-provocateurs. An interesting passage in Epictetus deals with the theme of how confidence begets confidence it proceeds: "That is how imprudent men are trapped by soldiers in Rome. A soldier in civilian dress comes and sits by you and begins by abusing Caesar, whereupon you, regarding the fact that he began the abuse as a sort of guarantees of trustworthiness, say all that you yourself feel; the next moment you are bound and being led away".

Such a passage implies quite definitely that the masses as well as the nobles could fall victims on charges of treason. And Domitian's assertiveness seems to have introduced a new practice: for three generations men had been accustomed to take an oath by the genius of the Princeps, but always voluntarily and not as an official form; during his reign we find for the first time men swearing in public documents by the genius of the living Emperor, while those who wished to flatter him began to make sacrifices to his genius. It looks as though Domitian seized upon this voluntary action and turned it into a test of loyalty: a man suspected or accused might now save himself and prove his loyalty by offering sacrifice before the image of the princeps; if he refused he could then be charged with atheotes. Dio Cassius notes the increasing number of trials for this offence in the last years, and this charge not only served possibly to get rid of obstinate and Republican-minded people, but it brought Domitian into conflict with the Jews and the Christians, neither of whom could acknowledge his divinity. An Emperor who demanded worship from his subjects might one day, like Gaius, demand it of the Jews too, and revoke existing edicts of tolerance. Jewish tradition relates that, about 95, the Senate was deliberating on a decree expelling all Jews from the boundaries of the Empire, and that a famous rabbi, Gamaliel II, with some friends, made a hurried winter journey to Rome to avert the threatened persecution. Christian tradition too branded Domitian as a persecutor, who sought out the kindred of Jesus Christ and punished adherents of the new religion. It is curious, certainly, that Flavius Clemens was claimed as an adherent both by Jews and Christians, and that archaeological evidence suggests that both Domitilla and Acilius Glabrio, who were punished apparently for atheotes, were, if not Christian, at least favourably inclined towards the sect. We cannot doubt that in the last three or four years both Jews and Christians, as well as Romans, had much to fear from an Emperor who could demand worship of himself as a proof of loyalty. But the dagger of Stephanus put an end to their fears as to the fears of others. The last ruler of the Flavian house perished without an adult heir. For twenty-seven years the family had directed Roman affairs: it remains to estimate their achievement.

THE FLAVIAN ACHIEVEMENT

Martial, writing some years after Domitian was safely out of the way, dismisses his reign curtly as almost counterbalancing the good that Vespasian and Titus had done:

Flavia gens quantum tibi tertius abstulit heres,

Paene fuit tanti non habuisse duos.

his verdict merely shows that he had not lost the art of pleasing those in power: indeed, once 'liberty' was the order of the day some of the unlikeliest people invested in busts of Brutus and Cassius'. To agree with Martial would be utterly unjust. Domitian's cruelty to a certain class was real and terrible, but it was limited in its incidence: he paraded absolutism, giving to the imperial position the airs of divinity and the pomp of a despot; apart from that he did little to undo and much to forward the work of his father, and that work was a great one. To take defence first: for some two hundred years Rome had been accustomed to enlarge her territories by the conquest of the barbarian: now, in the background, forces were moving and gathering that would call a halt to Roman aggression and test her defences; in the two succeeding chapters the reader will see something of the strength of the peoples that lay outside, to the East and North of Rome's boundaries. The frontiers needed attention: the development of a more scientific defence-line, the provision of better communications, the disciplining of the legions under experienced commanders (of which an account will be found in the fourth chapter), were among the most enduring things that Vespasian and his sons did.

While the empire was protected against attacks from without the Flavians strove hard to improve its internal stability. Finance was set on a better basis, the administrative machine was made to run more smoothly, and an aristocracy of office, recruited from good provincial as well as Italian stock, was created to help control it.

There were few famous Republican families left by the end of the first century, and still fewer believers in a Republican system: the Flavians established the Principate more firmly, and in the new aristocracy they and their successors found a class that was willing to co-operate with them. It is worth observing with what care Vespasian chose his officers: whether it was Petilms Cerialis, or Julius Agricola, or Q. Paconius Agrippinus, all had had previous experience of the provinces to which they were sent. He was not afraid to employ men of Eastern origin to help administer the Eastern regions: Tib. Julius Celsus Polemaeanus and C. Antius Julius Qltadratus were adlected by him to the Senate, and afterwards held important posts. Traditional Roman sentiment may have felt some resentment at such appointments, especially at the loud fanfares with which they were celebrated in the East—'in all time', records one inscription, 'he was fifth from the whole of Asia to enter the Senate, and from Miletus and the rest of Ionia the first and only'—but of the generous wisdom of such a policy we can feel no doubt. And Vespasian knew well how to reward good service with office and honours and was shrewd enough to point the contrast between his predecessors' treatment of such officials and his own'.

Within the framework of the Empire thus defended and served by more capable officials the process of romanization was going steadily on. The foundation of colonies, the granting of municipal rights, the encouragement of education (whether by the creation of professorial chairs and endowment of new schools, or by the immunities and privileges granted to teachers), were all instruments of this process, and this work was simply continued and developed by succeeding emperors.

Most important, perhaps, of all the Flavian achievement, was the restoration of confidence. Had the anarchy of 69 not been quickly suppressed, Mediterranean civilization might have been badly shaken: 'the empire was adrift and in danger,' judges Suetonius: it was brought back to safety. The steps taken to control the armies are related more fully elsewhere; here we need only record that they succeeded. Vespasian and Titus had both led armies, and Domitian was wise enough to go in person to the scene of action and so had the troops devoted to him. What danger there may have been that the Empire should become the prize or plaything of armies or generals was averted, and the legal basis of the Principate remained civilian. To all the provinces and peoples comprising the Empire the Flavian dynasty restored that confidence in the lasting strength of Rome, in her aeternitas, which had tottered for a while; such was the message of the coins that promised AETERNITAS and linked that promise to the Princeps. A striking example of this sentiment has survived in an inscription from Acmonia in Phrygia. The town had received by the will of a rich citizen a considerable benefaction: Senate and People ordain how the money is to be spent; then comes the clause—'and this decree is to be guaranteed by the eternity of the empire of the Romans.' Belief in the eternal lasting power of Rome was restored, and with it belief in the fore­sight and loving care (providentia) of the emperor. This unceasing anxiety for the welfare of the peoples of the empire was an aspect on which some early rulers, such as Augustus and Claudius, had already laid stress; from now on it grew more prominent still. It was that principis sollicitudo of which Suetonius speaks in recording Titus' activities after the eruption of Vesuvius; from the time of the Flavians Providentia (or its Greek equivalent Pronoia) comes to be looked on as a natural attribute of the good Princeps; to that loving care all, Senate, People and subjects look for safety and deliverance. Materially and morally, in strength and in confidence, the Flavians restored a shaken realm, and that is their great achievement.