The history of Rome. Book IV

every one who found persons to consult him, at home or in the open market-place, and with which were already associated rational and polemical illustrations and the standing controversies peculiar to jurisprudence - began to be noted down and to be promulgated in collections about the beginning of the seventh century. This was done first by the younger Cato (d. about 600) and by Marcus Brutus (nearly contemporary); and these collections were, as it would appear, arranged in the order of matters[39]. A strictly systematic treatment of the law of the land soon followed.

Its founder was the pontifex maximus Quintus Mucius Scaevola (consul in 659, d. 672)[40], in whose family jurisprudence was, like the supreme priesthood, hereditary. His eighteen books on the Ius Civile, which embraced the positive materials of jurisprudence - legislative enactments, judicial precedents, and authorities - partly from the older collections, partly from oral tradition in as great completeness as possible, formed the starting-point and the model of the detailed systems of Roman law; in like manner his compendious treatise of 'Definitions' (oroi) became the basis of juristic summaries and particularly of the books of Rules. Although this development of law proceeded of course in the main independently of Hellenism, yet an acquaintance with the philosophico-practical scheme-making of the Greeks beyond doubt gave a general impulse to the more systematic treatment of jurisprudence, as in fact the Greek influence is in the case of the last-mentioned treatise apparent in the very title. We have already remarked that in several more external matters Roman jurisprudence was influenced by the Stoa[41].

Art exhibits still less pleasing results. In architecture, sculpture, and painting there was, no doubt, a more and more general diffusion of a dilettante interest, but the exercise of native art retrograded rather than advanced. It became more and more customary for those sojourning in Grecian lands personally to inspect the works of art; for which in particular the winter-quarters of Sulla's army in Asia Minor in 670-671 formed an epoch. Connoisseur-ship developed itself also in Italy. They had commenced with articles in silver and bronze; about the commencement of this epoch they began to esteem not merely Greek statues, but also Greek pictures. The first picture publicly exhibited in Rome was the Bacchus of Aristides, which Lucius Mummius withdrew from the sale of the Corinthian spoil, because king Attalus offered as much as 6000 denarii (260 pounds) for it. The buildings became more splendid; and in particular transmarine, especially Hymettian, marble (Cipollino) came into use for that purpose - the Italian marble quarries were not yet in operation. A magnificent colonnade still admired in the time of the empire, which Quintus Metellus (consul in 611) the conqueror of Macedonia constructed in the Campus Martius, enclosed the first marble temple which the capital had seen; it was soon followed by similar structures built on the Capitol by Scipio Nasica (consul in 616), and near to the Circus by Gnaeus Octavius (consul in 626). The first private house adorned with marble columns was that of the orator Lucius Crassus (d. 663) on the Palatine[42]. But where they could plunder or purchase, instead of creating for themselves, they did so; it was a wretched indication of the poverty of Roman architecture, that it already began to employ the columns of the old Greek temples; the Roman Capitol, for instance, was embellished by Sulla with those of the temple of Zeus at Athens. The works, that were produced in Rome, proceeded from the hands of foreigners; the few Roman artists of this period, who are particularly mentioned, are without exception Italian or transmarine Greeks who had migrated thither. Such was the case with the architect Hermodorus from the Cyprian Salamis, who among other works restored the Roman docks and built for Quintus Metellus (consul in 611) the temple of Jupiter Stator in the basilica constructed by him, and for Decimus Brutus (consul in 616) the temple of Mars in the Flaminian circus; with the sculptor Pasiteles (about 665) from Magna Graecia, who furnished images of the gods in ivory for Roman temples; and with the painter and philosopher Metrodorus of Athens, who was summoned to paint the pictures for the triumph of Lucius Paullus (587). It is significant that the coins of this epoch exhibit in comparison with those of the previous period a greater variety of types, but a retrogression rather than an improvement in the cutting of the dies.

Finally, music and dancing passed over in like manner from Hellas to Rome, solely in order to be there applied to the enhancement of decorative luxury. Such foreign arts were certainly not new in Rome; the state had from olden time allowed Etruscan flute-players and dancers to appear at its festivals, and the freedmen and the lowest class of the Roman people had previously followed this trade. But it was a novelty that Greek dances and musical performances should form the regular accompaniment of a genteel banquet. Another novelty was a dancing-school, such as Scipio Aemilianus full of indignation describes in one of his speeches, in which upwards of five hundred boys and girls - the dregs of the people and the children of magistrates and of dignitaries mixed up together - received instruction from a ballet-master in far from decorous castanet-dances, in corresponding songs, and in the use of the proscribed Greek stringed instruments. It was a novelty too - not so much that a consular and pontifex maximus like Publius Scaevola (consul in 621) should catch the balls in the circus as nimbly as he solved the most complicated questions of law at home - as that young Romans of rank should display their jockey-arts before all the people at the festal games of Sulla. The government occasionally attempted to check such practices; as for instance in 639, when all musical instruments, with the exception of the simple flute indigenous in Latium, were prohibited by the censors. But Rome was no Sparta; the lax government by such prohibitions rather drew attention to the evils than attempted to remedy them by a sharp and consistent application of the laws.

If, in conclusion, we glance back at the picture as a whole which the literature and art of Italy unfold to our view from the death of Ennius to the beginning of the Ciceronian age, we find in these respects as compared with the preceding epoch a most decided decline of productiveness. The higher kinds of literature - such as epos, tragedy, history - have died out or have been arrested in their development. The subordinate kinds - the translation and imitation of the intrigue-piece, the farce, the poetical and prose brochure - alone are successful; in this last field of literature swept by the full hurricane of revolution we meet with the two men of greatest literary talent in this epoch, Gaius Gracchus and Gaius Lucilius, who stand out amidst a number of more or less mediocre writers just as in a similar epoch of French literature Courier and Beranger stand out amidst a multitude of pretentious nullities. In the plastic and delineative arts likewise the production, always weak, is now utterly null. On the other hand the receptive enjoyment of art and literature flourished; as the Epigoni of this period in the political field gathered in and used up the inheritance that fell to their fathers, we find them in this field also as diligent frequenters of plays, as patrons of literature, as connoisseurs and still more as collectors in art. The most honourable aspect of this activity was its learned research, which put forth a native intellectual energy, more especially in jurisprudence and in linguistic and antiquarian investigation.

The foundation of these sciences which properly falls within the present epoch, and the first small beginnings of an imitation of the Alexandrian hothouse poetry, already herald the approaching epoch of Roman Alexandrinism. All the productions of the present epoch are smoother, more free from faults, more systematic than the creations of the sixth century. The literati and the friends of literature of this period not altogether unjustly looked down on their predecessors as bungling novices: but while they ridiculed or censured the defective labours of these novices, the very men who were the most gifted among them may have confessed to themselves that the season of the nation's youth was past, and may have ever and anon perhaps felt in the still depths of the heart a secret longing to stray once more in the delightful paths of youthful error.

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Notes

Chapter I The Subject Countries Down to the Times of the Gracchi

1. III. VII. The State of Culture in Spain.