Quirinalis for Romulus (for when the ardour of his fellow-citizens had given Romulus a seat among the gods, they gave him this new name Quirinus). And thus by this honour Romulus has been preferred to Neptune and Pluto, Jupiter's brothers, and to Saturn himself, their father. They have assigned the same priesthood to serve him as to serve Jove; and in giving Mars (the reputed father of Romulus) the same honour, is this not rather for Romulus' sake than to honour Mars?
16. That if the gods had really possessed any regard for righteousness, the Romans should have received good laws from them, instead of having to borrow them from other nations.
Moreover, if the Romans had been able to receive a rule of life from their gods, they would not have borrowed Solon's laws from the Athenians, as they did some years after Rome was founded; and yet they did not keep them as they received them, but endeavoured to improve and amend them.105 Although Lycurgus pretended that he was authorized by Apollo to give laws to the Lacedemonians, the sensible Romans did not choose to believe this, and were not induced to borrow laws from Sparta. Numa Pompilius, who succeeded Romulus in the kingdom, is said to have framed some laws, which, however, were not sufficient for the regulation of civic affairs. Among these regulations were many pertaining to religious observances, and yet he is not reported to have received even these from the gods. With respect, then, to moral evils, evils of life and conduct, – evils which are so mighty, that, according to the wisest pagans,106 by them states are ruined while their cities stand uninjured, – their gods made not the smallest provision for preserving their worshippers from these evils, but, on the contrary, took special pains to increase them, as we have previously endeavoured to prove.
But possibly we are to find the reason for this neglect of the Romans by their gods, in the saying of Sallust, that "equity and virtue prevailed among the Romans not more by force of laws than of nature."107 I presume it is to this inborn equity and goodness of disposition we are to ascribe the rape of the Sabine women. What, indeed, could be more equitable and virtuous, than to carry off by force, as each man was fit, and without their parents' consent, girls who were strangers and guests, and who had been decoyed and entrapped by the pretence of a spectacle! If the Sabines were wrong to deny their daughters when the Romans asked for them, was it not a greater wrong in the Romans to carry them off after that denial? The Romans might more justly have waged war against the neighbouring nation for having refused their daughters in marriage when they first sought them, than for having demanded them back when they had stolen them. War should have been proclaimed at first: it was then that Mars should have helped his warlike son, that he might by force of arms avenge the injury done him by the refusal of marriage, and might also thus win the women he desired. There might have been some appearance of "right of war" in a victor carrying off, in virtue of this right, the virgins who had been without any show of right denied him; whereas there was no "right of peace" entitling him to carry off those who were not given to him, and to wage an unjust war with their justly enraged parents. One happy circumstance was indeed connected with this act of violence, viz., that though it was commemorated by the games of the circus, yet even this did not constitute it a precedent in the city or realm of Rome. If one would find fault with the results of this act, it must rather be on the ground that the Romans made Romulus a god in spite of his perpetrating this iniquity; for one cannot reproach them with making this deed any kind of precedent for the rape of women.
Again, I presume it was due to this natural equity and virtue, that after the expulsion of King Tarquin, whose son had violated Lucretia, Junius Brutus the consul forced Lucius Tarquinius Collatinus, Lucretia's husband and his own colleague, a good and innocent man, to resign his office and go into banishment, on the one sole charge that he was of the name and blood of the Tarquins. This injustice was perpetrated with the approval, or at least connivance, of the people, who had themselves raised to the consular office both Collatinus and Brutus. Another instance of this equity and virtue is found in their treatment of Marcus Camillus. This eminent man, after he had rapidly conquered the Veians, at that time the most formidable of Rome's enemies, and who had maintained a ten years' war, in which the Roman army had suffered the usual calamities attendant on bad generalship, after he had restored security to Rome, which had begun to tremble for its safety, and after he had taken the wealthiest city of the enemy, had charges brought against him by the malice of those that envied his success, and by the insolence of the tribunes of the people; and seeing that the city bore him no gratitude for preserving it, and that he would certainly be condemned, he went into exile, and even in his absence was fined 10,000 asses. Shortly after, however, his ungrateful country had again to seek his protection from the Gauls. But I cannot now mention all the shameful and iniquitous acts with which Rome was agitated, when the aristocracy attempted to subject the people, and the people resented their encroachments, and the advocates of either party were actuated rather by the love of victory than by any equitable or virtuous consideration.
18. What the history of Sallust reveals regarding the life of the Romans, either when straitened by anxiety or relaxed in security.
I will therefore pause, and adduce the testimony of Sallust himself, whose words in praise of the Romans (that "equity and virtue prevailed among them not more by force of laws than of nature") have given occasion to this discussion. He was referring to that period immediately after the expulsion of the kings, in which the city became great in an incredibly short space of time. And yet this same writer acknowledges in the first book of his history, in the very exordium of his work, that even at that time, when a very brief interval had elapsed after the government had passed from kings to consuls, the more powerful men began to act unjustly, and occasioned the defection of the people from the patricians, and other disorders in the city. For after Sallust had stated that the Romans enjoyed greater harmony and a purer state of society between the second and third Punic wars than at any other time, and that the cause of this was not their love of good order, but their fear lest the peace they had with Carthage might be broken (this also, as we mentioned, Nasica contemplated when he opposed the destruction of Carthage, for he supposed that fear would tend to repress wickedness, and to preserve wholesome ways of living), he then goes on to say: "Yet, after the destruction of Carthage, discord, avarice, ambition, and the other vices which are commonly generated by prosperity, more than ever increased." If they "increased," and that "more than ever," then already they had appeared, and had been increasing. And so Sallust adds this reason for what he said. "For," he says, "the oppressive measures of the powerful, and the consequent secessions of the plebs from the patricians, and other civil dissensions, had existed from the first, and affairs were administered with equity and well-tempered justice for no longer a period than the short time after the expulsion of the kings, while the city was occupied with the serious Tuscan war and Tarquin's vengeance." You see how, even in that brief period after the expulsion of the kings, fear, he acknowledges, was the cause of the interval of equity and good order. They were afraid, in fact, of the war which Tarquin waged against them, after he had been driven from the throne and the city, and had allied himself with the Tuscans. But observe what he adds: "After that, the patricians treated the people as their slaves, ordering them to be scourged or beheaded just as the kings had done, driving them from their holdings, and harshly tyrannizing over those who had no property to lose. The people, overwhelmed by these oppressive measures, and most of all by exorbitant usury, and obliged to contribute both money and personal service to the constant wars, at length took arms, and seceded to Mount Aventine and Mount Sacer, and thus obtained for themselves tribunes and protective laws. But it was only the second Punic war that put an end on both sides to discord and strife." You see what kind of men the Romans were, even so early as a few years after the expulsion of the kings; and it is of these men he says, that "equity and virtue prevailed among them not more by force of law than of nature."
Now, if these were the days in which the Roman republic shows fairest and best, what are we to say or think of the succeeding age, when, to use the words of the same historian, "changing little by little from the fair and virtuous city it was, it became utterly wicked and dissolute?" This was, as he
In the year a. u. 299, three ambassadors were sent from Rome to Athens to copy Solon's laws, and acquire information about the institutions of Greece. On their return the Decemviri were appointed to draw up a code; and finally, after some tragic interruptions, the celebrated Twelve Tables were accepted as the fundamental statutes of Roman law (
Possibly he refers to Plautus'
Sallust,
