The first race of men, free as yet from every depraved passion, lived
without guile and crimes, and therefore without chastisements or
restraints; nor was there occasion for rewards, when of their own accord
they pursued righteousness: and as they courted nothing contrary to
justice, they were debarred from nothing by terrors.
without guile and crimes, and therefore without chastisements or
restraints; nor was there occasion for rewards, when of their own accord
they pursued righteousness: and as they courted nothing contrary to
justice, they were debarred from nothing by terrors.
Tacitus
He likewise
withstood the motion of Valerius Messalinus, "for erecting a golden
statue in the Temple of Mars the Avenger;" and that of Caecina Severus,
"for founding an altar to revenge. " "Such monuments as these," he
argued, "were only fit to be raised upon foreign victories; domestic
evils were to be buried in sadness. " Messalinus had added, "that to
Tiberius, Livia, Antonia, Agrippina and Drusus, public thanks were to be
rendered for having revenged the death of Germanicus;" but had omitted
to mention Claudius. Messalinus was asked by Lucius Asprenas, in the
presence of the Senate, "Whether by design he had omitted him? " and then
at last the name of Claudius was subjoined. To me, the more I revolve
the events of late or of old, the more of mockery and slipperiness
appears in all human wisdom and the transactions of men: for, in popular
fame, in the hopes, wishes and veneration of the public, all men were
rather destined to the Empire, than he for whom fortune then reserved
the sovereignty in the dark.
A few days after, Vitellius, Veranius and Servaeus, were by the Senate
preferred to the honours of the Priesthood, at the motion of Tiberius.
To Fulcinius he promised his interest and suffrage towards preferment,
but advised him "not to embarrass his eloquence by impetuosity. " This
was the end of revenging the death of Germanicus; an affair ambiguously
related, not by those only who then lived and interested themselves in
it, but likewise the following times: so dark and intricate are all
the highest transactions; while some hold for certain facts, the most
precarious hearsays; others turn facts into falsehood; and both are
swallowed and improved by the credulity of posterity. Drusus went now
without the city, there to renew the ceremony of the auspices, and
presently re-entered in the triumph of _ovation_. A few days after died
Vipsania his mother; of all the children of Agrippa, the only one who
made a pacific end: the rest manifestly perished, or are believed to
have perished, by the sword, poison, or famine.
The qualifying of the Law Papia Poppaea was afterwards proposed; a law
which, to enforce those of Julius Caesar, Augustus had made when he was
old, for punishing celibacy and enriching the Exchequer. Nor even by
this means had marriages and children multiplied, while a passion to
live single and childless prevailed: but, in the meantime, the numbers
threatened and in danger by it increased daily, while by the glosses and
chicane of the impleaders every family was undone. So that, as before
the city laboured under the weight of crimes, so now under the pest of
laws. From this thought I am led backwards to the first rise of laws,
and to open the steps and causes by which we are arrived to the present
number and excess; a number infinite and perplexed.
The first race of men, free as yet from every depraved passion, lived
without guile and crimes, and therefore without chastisements or
restraints; nor was there occasion for rewards, when of their own accord
they pursued righteousness: and as they courted nothing contrary to
justice, they were debarred from nothing by terrors. But, after they
had abandoned their original equality, and from modesty and shame to do
evil, proceeded to ambition and violence; lordly dominion was introduced
and arbitrary rule, and in many nations grew perpetual. Some, either
from the beginning, or after they were surfeited with kings, preferred
the sovereignty of laws; which, agreeable to the artless minds of men,
were at first short and simple. The laws in most renown were those
framed for the Cretans by Minos; for the Spartans by Lycurgus; and
afterwards such as Solon delivered to the Athenians, now greater
in number and more exquisitely composed. To the Romans justice was
administered by Romulus according to his pleasure: after him,
Numa managed the people by religious devices and laws divine. Some
institutions were made by Tullus Hostilius, some by Ancus Martius; but
above all our laws were those founded by Servius Tullius; they were such
as even our kings were bound to obey.
Upon the expulsion of Tarquin; the people, for the security of their
freedom against the encroachment and factions of the Senate, and for
binding the public concord, prepared many ordinances: hence were created
the Decemviri, and by them were composed the twelve tables, out of a
collection of the most excellent institutions found abroad. The period
this of all upright and impartial laws. What laws followed, though
sometimes made against crimes and offenders, were yet chiefly made by
violence, through the animosity of the two Estates, and for seizing
unjustly withholden offices or continuing unjustly in them, or for
banishing illustrious patriots, and to other wicked ends. Hence the
Gracchi and Saturnini, inflamers of the people; and hence Drusus vying,
on behalf of the Senate, in popular concessions with these inflamers;
and hence the corrupt promises made to our Italian allies, promises
deceitfully made, or, by the interposition of some Tribune, defeated.
Neither during the war of Italy, nor during the civil war, was the
making of regulations discontinued; many and contradictory were even
then made. At last Sylla the Dictator, changing or abolishing the past,
added many of his own, and procured some respite in this matter, but
not long; for presently followed the turbulent pursuits and proposals of
Lepidus, and soon after were the Tribunes restored to their licentious
authority of throwing the people into combustions at pleasure. And
now laws were not made for the public only, but for particular men
particular laws; and corruption abounding in the Commonwealth, the
Commonwealth abounded in laws.
Pompey was, now in his third Consulship, chosen to correct the public
enormities; and his remedies proved to the State more grievous than its
distempers. He made laws such as suited his ambition, and broke them
when they thwarted his will; and lost by arms the regulations which by
arms he had procured. Henceforward for twenty years discord raged, and
there was neither law nor settlement; the most wicked found impunity
in the excess of their wickedness; and many virtuous men, in their
uprightness met destruction.
withstood the motion of Valerius Messalinus, "for erecting a golden
statue in the Temple of Mars the Avenger;" and that of Caecina Severus,
"for founding an altar to revenge. " "Such monuments as these," he
argued, "were only fit to be raised upon foreign victories; domestic
evils were to be buried in sadness. " Messalinus had added, "that to
Tiberius, Livia, Antonia, Agrippina and Drusus, public thanks were to be
rendered for having revenged the death of Germanicus;" but had omitted
to mention Claudius. Messalinus was asked by Lucius Asprenas, in the
presence of the Senate, "Whether by design he had omitted him? " and then
at last the name of Claudius was subjoined. To me, the more I revolve
the events of late or of old, the more of mockery and slipperiness
appears in all human wisdom and the transactions of men: for, in popular
fame, in the hopes, wishes and veneration of the public, all men were
rather destined to the Empire, than he for whom fortune then reserved
the sovereignty in the dark.
A few days after, Vitellius, Veranius and Servaeus, were by the Senate
preferred to the honours of the Priesthood, at the motion of Tiberius.
To Fulcinius he promised his interest and suffrage towards preferment,
but advised him "not to embarrass his eloquence by impetuosity. " This
was the end of revenging the death of Germanicus; an affair ambiguously
related, not by those only who then lived and interested themselves in
it, but likewise the following times: so dark and intricate are all
the highest transactions; while some hold for certain facts, the most
precarious hearsays; others turn facts into falsehood; and both are
swallowed and improved by the credulity of posterity. Drusus went now
without the city, there to renew the ceremony of the auspices, and
presently re-entered in the triumph of _ovation_. A few days after died
Vipsania his mother; of all the children of Agrippa, the only one who
made a pacific end: the rest manifestly perished, or are believed to
have perished, by the sword, poison, or famine.
The qualifying of the Law Papia Poppaea was afterwards proposed; a law
which, to enforce those of Julius Caesar, Augustus had made when he was
old, for punishing celibacy and enriching the Exchequer. Nor even by
this means had marriages and children multiplied, while a passion to
live single and childless prevailed: but, in the meantime, the numbers
threatened and in danger by it increased daily, while by the glosses and
chicane of the impleaders every family was undone. So that, as before
the city laboured under the weight of crimes, so now under the pest of
laws. From this thought I am led backwards to the first rise of laws,
and to open the steps and causes by which we are arrived to the present
number and excess; a number infinite and perplexed.
The first race of men, free as yet from every depraved passion, lived
without guile and crimes, and therefore without chastisements or
restraints; nor was there occasion for rewards, when of their own accord
they pursued righteousness: and as they courted nothing contrary to
justice, they were debarred from nothing by terrors. But, after they
had abandoned their original equality, and from modesty and shame to do
evil, proceeded to ambition and violence; lordly dominion was introduced
and arbitrary rule, and in many nations grew perpetual. Some, either
from the beginning, or after they were surfeited with kings, preferred
the sovereignty of laws; which, agreeable to the artless minds of men,
were at first short and simple. The laws in most renown were those
framed for the Cretans by Minos; for the Spartans by Lycurgus; and
afterwards such as Solon delivered to the Athenians, now greater
in number and more exquisitely composed. To the Romans justice was
administered by Romulus according to his pleasure: after him,
Numa managed the people by religious devices and laws divine. Some
institutions were made by Tullus Hostilius, some by Ancus Martius; but
above all our laws were those founded by Servius Tullius; they were such
as even our kings were bound to obey.
Upon the expulsion of Tarquin; the people, for the security of their
freedom against the encroachment and factions of the Senate, and for
binding the public concord, prepared many ordinances: hence were created
the Decemviri, and by them were composed the twelve tables, out of a
collection of the most excellent institutions found abroad. The period
this of all upright and impartial laws. What laws followed, though
sometimes made against crimes and offenders, were yet chiefly made by
violence, through the animosity of the two Estates, and for seizing
unjustly withholden offices or continuing unjustly in them, or for
banishing illustrious patriots, and to other wicked ends. Hence the
Gracchi and Saturnini, inflamers of the people; and hence Drusus vying,
on behalf of the Senate, in popular concessions with these inflamers;
and hence the corrupt promises made to our Italian allies, promises
deceitfully made, or, by the interposition of some Tribune, defeated.
Neither during the war of Italy, nor during the civil war, was the
making of regulations discontinued; many and contradictory were even
then made. At last Sylla the Dictator, changing or abolishing the past,
added many of his own, and procured some respite in this matter, but
not long; for presently followed the turbulent pursuits and proposals of
Lepidus, and soon after were the Tribunes restored to their licentious
authority of throwing the people into combustions at pleasure. And
now laws were not made for the public only, but for particular men
particular laws; and corruption abounding in the Commonwealth, the
Commonwealth abounded in laws.
Pompey was, now in his third Consulship, chosen to correct the public
enormities; and his remedies proved to the State more grievous than its
distempers. He made laws such as suited his ambition, and broke them
when they thwarted his will; and lost by arms the regulations which by
arms he had procured. Henceforward for twenty years discord raged, and
there was neither law nor settlement; the most wicked found impunity
in the excess of their wickedness; and many virtuous men, in their
uprightness met destruction.
