Monday 7 November 2011

Livy, History of Rome, Book 2

The Roman historian Titus Livius (59 BC - 17 AD) is not generally remembered as a political liberal.  However, his description of the beginning of the Roman Republic, following the expulsion of the kings in 509 BC, contains several classic liberal themes.  Later writers have often quoted his description of the Roman Republic as "a government of laws rather than men" (imperia legum potentiora quam hominum).

The new liberty enjoyed by the Roman people, their achievements in peace and war, annual magistracies, and laws superior in authority to men will henceforth be my theme. This liberty was the more grateful as the last king had been so great a tyrant.... Moreover you may reckon the beginning of liberty as proceeding rather from the limitation of the consuls' authority to a year than from any diminution of their power compared with that which the kings had exercised. All the rights of the kings and all their insignia were possessed by the earliest consuls; only one thing was guarded against — that the terror they inspired should not be doubled by permitting both to have the rods. Brutus was the first to have them, with his colleague's consent, and he proved as determined in guarding liberty as he had been in asserting it. To begin with, when the people were still jealous of their new freedom, he obliged them to swear an oath that they would suffer no man to be king in Rome, lest they might later be turned from their purpose by the entreaties or the gifts of princes. In the next place, that the strength of the senate might receive an added augmentation from the numbers of that order, he filled up the list of the Fathers, which had been abridged by the late king's butcheries, drawing upon the foremost men of equestrian rank until he had brought the total up to three hundred.... This measure was wonderfully effective in promoting harmony in the state and attaching the plebs to the Fathers.

Matters of worship then received attention. Certain public sacrifices had habitually been performed by the kings in person, and that their absence might nowhere be regretted, a “king of sacrifices” was appointed. This priesthood they made subordinate to the pontifex, lest the office, in conjunction with the title, might somehow prove an obstacle to liberty, which was at that time their chief concern....

Although no one doubted that the Tarquinii would presently go to war, their attack was delayed beyond all expectation; while a thing men did not fear at all, to wit a treasonable plot, almost cost Rome her liberty. There were among the young men a number of youths, the sons of families not unimportant, whose pleasures had been less confined under the monarchy, who, being of the same age as the young Tarquinii, and their cronies, had grown used to the untrammelled life of princes. This licence they missed, now that all enjoyed equal rights, and they had got into the way of complaining to each other that the liberty of the rest had resulted in their own enslavement. A king was a man, from whom one could obtain a boon, whether it were just or unjust; there was room for countenance and favour; a king could be angry, could forgive, could distinguish between friend and enemy. The law was a thing without ears, inexorable, more salutary and serviceable to the pauper than to the great man; it knew no relaxation or indulgence, if one exceeded bounds; and, inasmuch as man is so prone to blunder, it was dangerous to rely on innocence alone. Thanks to such reflections, they were already infected with disloyalty when envoys from the royal family appeared, who without saying anything about the return of the Tarquinii, sought merely to recover their property....