From Republic to Monarchy (3.25-29)



XXV. It was next proposed to relax the Papia Poppaea law, which Augustus in his old age had passed subsequently to the Julian statutes, for yet further enforcing the penalties on celibacy and for enriching the exchequer. And yet, marriages and the rearing of children did not become more frequent, so powerful were the attractions of a childless state. Meanwhile there was an increase in the number of persons imperilled, for every household was undermined by the insinuations of informers; and now the country suffered from its laws, as it had hitherto suffered from its vices. This suggests to me a fuller discussion of the origin of law and of the methods by which we have arrived at the present endless multiplicity and variety of our statutes.

XXVI. Mankind in the earliest age lived for a time without a single vicious impulse, without shame or guilt, and, consequently, without punishment and restraints. Rewards were not needed when everything right was pursued on its own merits; and as men desired nothing against morality, they were debarred from nothing by fear. When however they began to throw off equality, and ambition and violence usurped the place of self-control and modesty, despotisms grew up and became perpetual among many nations. Some from the beginning, or when tired of kings, preferred codes of laws. These were at first simple, while men's minds were unsophisticated. The most famous of them were those of the Cretans, framed by Minos; those of the Spartans, by Lycurgus, and, subsequently, those which Solan drew up for the Athenians on a more elaborate and extensive scale. Romulus governed us as he pleased; then Numa united our people by religious ties and a constitution of divine origin, to which some additions were made by Tullus and Ancus. But Servius Tullius was our chief legislator, to whose laws even kings were to be subject.

XXVII. After Tarquin's expulsion, the people, to check cabals among the Senators, devised many safeguards for freedom and for the establishment of unity. Decemvirs were appointed; everything specially admirable elsewhere was adopted, and the Twelve Tables drawn up, the last specimen of equitable legislation. For subsequent enactments, though occasionally directed against evildoers for some crime, were oftener carried by violence amid class dissensions, with a view to obtain honours not as yet conceded, or to banish distinguished citizens, or for other base ends. Hence the Gracchi and Saturnini, those popular agitators, and Drusus too, as flagrant a corrupter in the Senate's name; hence, the bribing of our allies by alluring promises and the cheating them by tribunes vetoes. Even the Italian and then the Civil war did not pass without the enactment of many conflicting laws, till Lucius Sulla, the Dictator, by the repeal or alteration of past legislation and by many additions, gave us a brief lull in this process, to be instantly followed by the seditious proposals of Lepidus, and soon afterwards by the tribunes recovering their license to excite the people just as they chose. And now bills were passed, not only for national objects but for individual cases, and laws were most numerous when the commonwealth was most corrupt.

XXVIII. Gnaeus Pompeius was then for the third time elected consul to reform public morals, but in applying remedies more terrible than the evils and repealing the legislation of which he had himself been the author, he lost by arms what by arms he had been maintaining. Then followed twenty years of continuous strife; custom or law there was none; the vilest deeds went unpunished, while many noble acts brought ruin. At last, in his sixth consulship, Caesar Augustus, feeling his power secure, annulled the decrees of his triumvirate, and gave us a constitution which might serve us in peace under a monarchy. Henceforth our chains became more galling, and spies were set over us, stimulated by rewards under the Papia Poppaea law, so that if men shrank from the privileges of fatherhood, the State, as universal parent, might possess their ownerless properties. But this espionage became too searching, and Rome and Italy and Roman citizens everywhere fell into its clutches. Many men's fortunes were ruined, and over all there hung a terror, till Tiberius, to provide a remedy, selected by lot five ex-consuls, five ex-praetors, and five senators, by whom most of the legal knots were disentangled and some slight temporary relief afforded.

XXIX. About this same time he commended to the Senate's favour, Nero, Germanicus's son, who was just entering on manhood, and asked them, not without smiles of ridicule from his audience, to exempt him from serving as one of the Twenty Commissioners, and let him be a candidate for the quaestorship five years earlier than the law allowed. His excuse was that a similar decree had been made for himself and his brother at the request of Augustus. But I cannot doubt that even then there were some who secretly laughed at such a petition, though the Caesars were but in the beginning of their grandeur, and ancient usage was more constantly before men's eyes, while also the tie between stepfather and stepson was weaker than that between grandfather and grandchild. The pontificate was likewise conferred on Nero, and on the day on which he first entered the forum, a gratuity was given to the city-populace, who greatly rejoiced at seeing a son of Germanicus now grown to manhood. Their joy was further increased by Nero's marriage to Julia, Drusus's daughter. This news was met with favourable comments, but it was heard with disgust that Sejanus was to be the father-in-law of the son of Claudius. The emperor was thought to have polluted the nobility of his house and to have yet further elevated Sejanus, whom they already suspected of overweening ambition.