Cicero's Tusculan Disputations

VIII. But after the death of Tatius, the entire government was again vested in the hands of Romulus, although, besides making Tatius his own partner, he had also elected some of the chiefs of the Sabines into the royal council, who on account of their affectionate regard for the people were called patres, or fathers. He also divided the people into three tribes, called after the name of Tatius, and his own name, and that of Locumo, who had fallen as his ally in the Sabine war; and also into thirty curiæ, designated by the names of those Sabine virgins, who, after being carried off at the festivals, generously offered themselves as the mediators of peace and coalition.

But though these orders were established in the life of Tatius, yet, after his death, Romulus reigned with still greater power by the counsel and authority of the senate.

IX. In this respect he approved and adopted the principle which Lycurgus but little before had applied to the government of Lacedæmon; namely, that the monarchical 402authority and the royal power operate best in the government of states when to this supreme authority is joined the influence of the noblest of the citizens.

Therefore, thus supported, and, as it were, propped up by this council or senate, Romulus conducted many wars with the neighboring nations in a most successful manner; and while he refused to take any portion of the booty to his own palace, he did not cease to enrich the citizens. He also cherished the greatest respect for that institution of hierarchical and ecclesiastical ordinances which we still retain to the great benefit of the Commonwealth; for in the very commencement of his government he founded the city with religious rites, and in the institution of all public establishments he was equally careful in attending to these sacred ceremonials, and associated with himself on these occasions priests that were selected from each of the tribes. He also enacted that the nobles should act as patrons and protectors to the inferior citizens, their natural clients and dependants, in their respective districts, a measure the utility of which I shall afterward notice.—The judicial punishments were mostly fines of sheep and oxen; for the property of the people at that time consisted in their fields and cattle, and this circumstance has given rise to the expressions which still designate real and personal wealth. Thus the people were kept in order rather by mulctations than by bodily inflictions.

X. After Romulus had thus reigned thirty-seven years, and established these two great supports of government, the hierarchy and the senate, having disappeared in a sudden eclipse of the sun, he was thought worthy of being added to the number of the Gods—an honor which no mortal man ever was able to attain to but by a glorious pre-eminence of virtue. And this circumstance was the more to be admired in the case of Romulus because most of the great men that have been deified were so exalted to celestial dignities by the people, in periods very little enlightened, when fiction was easy and ignorance went hand-in-hand with credulity. But with respect to Romulus we know that he lived less than six centuries ago, at a time when science and literature were already advanced, and had got rid of many of the ancient errors that had 403prevailed among less civilized peoples. For if, as we consider proved by the Grecian annals, Rome was founded in the seventh Olympiad, the life of Romulus was contemporary with that period in which Greece already abounded in poets and musicians—an age when fables, except those concerning ancient matters, received little credit.

For, one hundred and eight years after the promulgation of the laws of Lycurgus, the first Olympiad was established, which indeed, through a mistake of names, some authors have supposed constituted, by Lycurgus likewise. And Homer himself, according to the best computation, lived about thirty years before the time of Lycurgus. We must conclude, therefore, that Homer flourished very many years before the date of Romulus. So that, as men had now become learned, and as the times themselves were not destitute of knowledge, there was not much room left for the success of mere fictions. Antiquity indeed has received fables that have at times been sufficiently improbable: but this epoch, which was already so cultivated, disdaining every fiction that was impossible, rejected314 * * * We may therefore, perhaps, attach some credit to this story of Romulus’s immortality, since human life was at that time experienced, cultivated, and instructed. And doubtless there was in him such energy of genius and virtue that it is not altogether impossible to believe the report of Proculus Julius, the husbandman, of that glorification having befallen Romulus which for many ages we have denied to less illustrious men. At all events, Proculus is reported to have stated in the council, at the instigation of the senators, who wished to free themselves from all suspicion of having been accessaries to the death of Romulus, that he had seen him on that hill which is now called the Quirinal, and that he had commanded him to inform the people that they should build him a temple on that same hill, and offer him sacrifices under the name of Quirinus.

XI. You see, therefore, that the genius of this great man did not merely establish the constitution of a new people, and then leave them, as it were, crying in their cradle; but he still continued to superintend their education 404till they had arrived at an adult and wellnigh a mature age.

Then Lælius said: We now see, my Scipio, what you meant when you said that you would adopt a new method of discussing the science of government, different from any found in the writings of the Greeks. For that prime master of philosophy, whom none ever surpassed in eloquence, I mean Plato, chose an open plain on which to build an imaginary city after his own taste—a city admirably conceived, as none can deny, but remote enough from the real life and manners of men. Others, without proposing to themselves any model or type of government whatever, have argued on the constitutions and forms of states. You, on the contrary, appear to be about to unite these two methods; for, as far as you have gone, you seem to prefer attributing to others your discoveries, rather than start new theories under your own name and authority, as Socrates has done in the writings of Plato. Thus, in speaking of the site of Rome, you refer to a systematic policy, to the acts of Romulus, which were many of them the result of necessity or chance; and you do not allow your discourse to run riot over many states, but you fix and concentrate it on our own Commonwealth. Proceed, then, in the course you have adopted; for I see that you intend to examine our other kings, in your pursuit of a perfect republic, as it were.

XII. Therefore, said Scipio, when that senate of Romulus which was composed of the nobles, whom the king himself respected so highly that he designated them patres, or fathers, and their children patricians, attempted after the death of Romulus to conduct the government without a king, the people would not suffer it, but, amidst their regret for Romulus, desisted not from demanding a fresh monarch. The nobles then prudently resolved to establish an interregnum—a new political form, unknown to other nations. It was not without its use, however, since, during the interval which elapsed before the definitive nomination of the new king, the State was not left without a ruler, nor subjected too long to the same governor, nor exposed to the fear lest some one, in consequence of the prolonged enjoyment of power, should become more unwilling 405to lay it aside, or more powerful if he wished to secure it permanently for himself. At which time this new nation discovered a political provision which had escaped the Spartan Lycurgus, who conceived that the monarch ought not to be elective—if indeed it is true that this depended on Lycurgus—but that it was better for the Lacedæmonians to acknowledge as their sovereign the next heir of the race of Hercules, whoever he might be: but our Romans, rude as they were, saw the importance of appointing a king, not for his family, but for his virtue and experience.

XIII. And fame having recognized these eminent qualities in Numa Pompilius, the Roman people, without partiality for their own citizens, committed itself, by the counsel of the senators, to a king of foreign origin, and summoned this Sabine from the city of Cures to Rome, that he might reign over them. Numa, although the people had proclaimed him king in their Comitia Curiata, did nevertheless himself pass a Lex Curiata respecting his own authority; and observing that the institutions of Romulus had too much excited the military propensities of the people, he judged it expedient to recall them from this habit of warfare by other employments.

XIV. And, in the first place, he divided severally among the citizens the lands which Romulus had conquered, and taught them that even without the aid of pillage and devastation they could, by the cultivation of their own territories, procure themselves all kinds of commodities. And he inspired them with the love of peace and tranquillity, in which faith and justice are likeliest to flourish, and extended the most powerful protection to the people in the cultivation of their fields and the enjoyment of their produce. Pompilius likewise having created hierarchical institutions of the highest class, added two augurs to the old number. He intrusted the superintendence of the sacred rites to five pontiffs, selected from the body of the nobles; and by those laws which we still preserve on our monuments he mitigated, by religious ceremonials, the minds that had been too long inflamed by military enthusiasm and enterprise.

He also established the Flamines and the Salian priests 406and the Vestal Virgins, and regulated all departments of our ecclesiastical policy with the most pious care. In the ordinance of sacrifices, he wished that the ceremonial should be very arduous and the expenditure very light. He thus appointed many observances, whose knowledge is extremely important, and whose expense far from burdensome. Thus in religious worship he added devotion and removed costliness. He was also the first to introduce markets, games, and the other usual methods of assembling and uniting men. By these establishments, he inclined to benevolence and amiability spirits whom the passion for war had rendered savage and ferocious. Having thus reigned in the greatest peace and concord thirty-nine years—for in dates we mainly follow our Polybius, than whom no one ever gave more attention to the investigation of the history of the times—he departed this life, having corroborated the two grand principles of political stability, religion and clemency.

XV. When Scipio had concluded these remarks, Is it not, said Manilius, a true tradition which is current, that our king Numa was a disciple of Pythagoras himself, or that at least he was a Pythagorean in his doctrines? For I have often heard this from my elders, and we know that it is the popular opinion; but it does not seem to be clearly proved by the testimony of our public annals.

Then Scipio replied: The supposition is false, my Manilius; it is not merely a fiction, but a ridiculous and bungling one too; and we should not tolerate those statements, even in fiction, relating to facts which not only did not happen, but which never could have happened. For it was not till the fourth year of the reign of Tarquinius Superbus that Pythagoras is ascertained to have come to Sybaris, Crotona, and this part of Italy. And the sixty-second Olympiad is the common date of the elevation of Tarquin to the throne, and of the arrival of Pythagoras. >From which it appears, when we calculate the duration of the reigns of the kings, that about one hundred and forty years must have elapsed after the death of Numa before Pythagoras first arrived in Italy. And this fact, in the minds of men who have carefully studied the annals of time, has never been at all doubted.

407O ye immortal Gods! said Manilius, how deep and how inveterate is this error in the minds of men! However, it costs me no effort to concede that our Roman sciences were not imported from beyond the seas, but that they sprung from our own indigenous and domestic virtues.

XVI. You will become still more convinced of this fact, said Africanus, when tracing the progress of our Commonwealth as it became gradually developed to its best and maturest condition. And you will find yet further occasion to admire the wisdom of our ancestors on this very account, since you will perceive, that even those things which they borrowed from foreigners received a much higher improvement among us than they possessed in the countries from whence they were imported among us; and you will learn that the Roman people was aggrandized, not by chance or hazard, but rather by counsel and discipline, to which fortune indeed was by no means unfavorable.

XVII. After the death of King Pompilius, the people, after a short period of interregnum, chose Tullus Hostilius for their king, in the Comitia Curiata; and Tullus, after Numa’s example, consulted the people in their curias to procure a sanction for his government. His excellence chiefly appeared in his military glory and great achievements in war. He likewise, out of his military spoils, constructed and decorated the House of Comitia and the Senate-house. He also settled the ceremonies of the proclamation of hostilities, and consecrated their righteous institution by the religious sanction of the Fetial priests, so that every war which was not duly announced and declared might be adjudged illegal, unjust, and impious. And observe how wisely our kings at that time perceived that certain rights ought to be allowed to the people, of which we shall have a good deal to say hereafter. Tullus did not even assume the ensigns of royalty without the approbation of the people; and when he appointed twelve lictors, with their axes to go before him315 * * *

XVIII. * * * [Manilius.] This Commonwealth of Rome, which you are so eloquently describing, did not creep towards perfection; it rather flew at once to the maturity of its grandeur.

408[Scipio.] After Tullus, Ancus Martius, a descendant of Numa by his daughter, was appointed king by the people. He also procured the passing of a law316 through the Comitia Curiata respecting his government. This king having conquered the Latins, admitted them to the rights of citizens of Rome. He added to the city the Aventine and Cælian hills; he distributed the lands he had taken in war; he bestowed on the public all the maritime forests he had acquired; and he built the city Ostia, at the mouth of the Tiber, and colonized it. When he had thus reigned twenty-three years, he died.

Then said Lælius: Doubtless this king deserves our praises, but the Roman history is obscure. We possess, indeed, the name of this monarch’s mother, but we know nothing of his father.

It is so, said Scipio; but in those ages little more than the names of the kings were recorded.

XIX. For the first time at this period, Rome appears to have become more learned by the study of foreign literature; for it was no longer a little rivulet, flowing from Greece towards the walls of our city, but an overflowing river of Grecian sciences and arts. This is generally attributed to Demaratus, a Corinthian, the first man of his country in reputation, honor, and wealth; who, not being able to bear the despotism of Cypselus, tyrant of Corinth, fled with large treasures, and arrived at Tarquinii, the most flourishing city in Etruria. There, understanding that the domination of Cypselus was thoroughly established, he, like a free and bold-hearted man, renounced his country, and was admitted into the number of the citizens of Tarquinii, and fixed his residence in that city. And having married a woman of the city, he instructed his two sons, according to the method of Greek education, in all kinds of sciences and arts.317 * * *

XX. * * * [One of these sons] was easily admitted to 409the rights of citizenship at Rome; and on account of his accomplished manners and learning, he became a favorite of our king Ancus to such a degree that he was a partner in all his counsels, and was looked upon almost as his associate in the government. He, besides, possessed wonderful affability, and was very kind in assistance, support, protection, and even gifts of money, to the citizens.

When, therefore, Ancus died, the people by their unanimous suffrages chose for their king this Lucius Tarquinius (for he had thus transformed the Greek name of his family, that he might seem in all respects to imitate the customs of his adopted countrymen). And when he, too, had procured the passing of a law respecting his authority, he commenced his reign by doubling the original number of the senators. The ancient senators he called patricians of the major families (patres majorum gentium), and he asked their votes first; and those new senators whom he himself had added, he entitled patricians of minor families. After this, he established the order of knights, on the plan which we maintain to this day. He would not, however, change the denomination of the Tatian, Rhamnensian, and Lucerian orders, though he wished to do so, because Attus Nævius, an augur of the highest reputation, would not sanction it. And, indeed, I am aware that the Corinthians were remarkably attentive to provide for the maintenance and good condition of their cavalry by taxes levied on the inheritance of widows and orphans. To the first equestrian orders Lucius also added new ones, composing a body of three hundred knights. And this number he doubled, after having conquered the Æquicoli, a large and ferocious people, and dangerous enemies of the Roman State. Having likewise repulsed from our walls an invasion of the Sabines, he routed them by the aid of his cavalry, and subdued them. He also was the first person who instituted the grand games which are now called the Roman Games. He fulfilled his vow to build a temple to the all-good and all-powerful Jupiter in the Capitol—a vow which he made during a battle in the Sabine war—and died after a reign of thirty-eight years.

XXI. Then Lælius said: All that you have been relating corroborates the saying of Cato, that the constitution 410of the Roman Commonwealth is not the work of one man, or one age; for we can clearly see what a great progress in excellent and useful institutions was continued under each successive king. But we are now arrived at the reign of a monarch who appears to me to have been of all our kings he who had the greatest foresight in matters of political government.

So it appears to me, said Scipio; for after Tarquinius Priscus comes Servius Sulpicius, who was the first who is reported to have reigned without an order from the people. He is supposed to have been the son of a female slave at Tarquinii, by one of the soldiers or clients of King Priscus; and as he was educated among the servants of this prince, and waiting on him at table, the king soon observed the fire of his genius, which shone forth even from his childhood, so skilful was he in all his words and actions. Therefore, Tarquin, whose own children were then very young, so loved Servius that he was very commonly believed to be his own son, and he instructed him with the greatest care in all the sciences with which he was acquainted, according to the most exact discipline of the Greeks.

But when Tarquin had perished by the plots of the sons of Ancus, and Servius (as I have said) had begun to reign, not by the order, but yet with the good-will and consent, of the citizens—because, as it was falsely reported that Priscus was recovering from his wounds, Servius, arrayed in the royal robes, delivered judgment, freed the debtors at his own expense, and, exhibiting the greatest affability, announced that he delivered judgment at the command of Priscus—he did not commit himself to the senate; but, after Priscus was buried, he consulted the people respecting his authority, and, being authorized by them to assume the dominion, he procured a law to be passed through the Comitia Curiata, confirming his government.

He then, in the first place, avenged the injuries of the Etruscans by arms. After which318 * * *

XXII. * * * he enrolled eighteen centuries of knights of the first order. Afterward, having created a great number of knights from the common mass of the people, he 411divided the rest of the people into five classes, distinguishing between the seniors and the juniors. These he so constituted as to place the suffrages, not in the hands of the multitude, but in the power of the men of property. And he took care to make it a rule of ours, as it ought to be in every government, that the greatest number should not have the greatest weight. You are well acquainted with this institution, otherwise I would explain it to you; but you are familiar with the whole system, and know how the centuries of knights, with six suffrages, and the first class, comprising eighty centuries, besides one other century which was allotted to the artificers, on account of their utility to the State, produce eighty-nine centuries. If to these there are added twelve centuries—for that is the number of the centuries of the knights which remain319—the entire force of the State is summed up; and the arrangement is such that the remaining and far more numerous multitude, which is distributed through the ninety-six last centuries, is not deprived of a right of suffrage, which would be an arrogant measure; nor, on the other hand, permitted to exert too great a preponderance in the government, which would be dangerous.

In this arrangement, Servius was very cautious in his choice of terms and denominations. He called the rich assidui, because they afforded pecuniary succor320 to the State. As to those whoso fortune did not exceed 1500 pence, or those who had nothing but their labor, he called them proletarii classes, as if the State should expect from them a hardy progeny321 and population.

Even a single one of the ninety-six last centuries contained numerically more citizens than the entire first class. Thus, no one was excluded from his right of voting, yet the preponderance of votes was secured to those who had the deepest stake in the welfare of the State. Moreover, with reference to the accensi, velati, trumpeters, hornblowers, proletarii322 * * *

XXIII. * * * That that republic is arranged in the best manner which, being composed in due proportions of those 412three elements, the monarchical, the aristocratical, and the democratic, does not by punishment irritate a fierce and savage mind. * * * [A similar institution prevailed at Carthage], which was sixty-five years more ancient than Rome, since it was founded thirty-nine years before the first Olympiad; and that most ancient law-giver Lycurgus made nearly the same arrangements. Thus the system of regular subordination, and this mixture of the three principal forms of government, appear to me common alike to us and them. But there is a peculiar advantage in our Commonwealth, than which nothing can be more excellent, which I shall endeavor to describe as accurately as possible, because it is of such a character that nothing analogous can be discovered in ancient states; for these political elements which I have noticed were so united in the constitutions of Rome, of Sparta, and of Carthage, that they were not counterbalanced by any modifying power. For in a state in which one man is invested with a perpetual domination, especially of the monarchical character, although there be a senate in it, as there was in Rome under the kings, and in Sparta, by the laws of Lycurgus, or even where the people exercise a sort of jurisdiction, as they used in the days of our monarchy, the title of king must still be pre-eminent; nor can such a state avoid being, and being called, a kingdom. And this kind of government is especially subject to frequent revolutions, because the fault of a single individual is sufficient to precipitate it into the most pernicious disasters.

In itself, however, royalty is not only not a reprehensible form of government, but I do not know whether it is not far preferable to all other simple constitutions, if I approved of any simple constitution whatever. But this preference applies to royalty so long only as it maintains its appropriate character; and this character provides that one individual’s perpetual power, and justice, and universal wisdom should regulate the safety, equality, and tranquillity of the whole people. But many privileges must be wanting to communities that live under a king; and, in the first place, liberty, which does not consist in slavery to a just master, but in slavery to no master at all323 * * *