expense to gratify the people and buy popularity as a means of further promotion. (See Sulla, c. 5.)]
[Footnote 57: At this time there were six Prætors. The Prætor Urbanus or City Prætor was sometimes simply called Prætor and had the chief administration of justice in Rome. The Prætor Peregrinus also resided in Rome and had the superintendence in matters in dispute between Roman citizens and aliens (peregrini). The other Prætors had provinces allotted to them to administer; and after the expiration of their year of office, the prætors generally received the administration of a Province with the title of Proprætor. It appears (c. 5) that Marius either stayed at Rome during his prætorship or had some Province in Italy. As to the meaning of the Roman word Province, see Caius Gracchus, c. 19, note.]
[Footnote 58: Bribery at elections among the Romans was called Ambitus, which literally signifies "a going about;" it then came to signify canvassing, solicitation, the giving and promising of money for votes, and all the means for accomplishing this end, in which the recurrence of elections at Rome annually made candidates very expert.
The first law specially directed against the giving of money (largitiones) was the Lex Cornelia Bæbia, B.C. 182; and there were many subsequent enactments, but all failed to accomplish their object.
The Lex Bæbia incapacitated him who gave a bribe to obtain office from filling any office for ten years.]
[Footnote 59: His alleged intemperance consisted in not being able to endure thirst on such an occasion. His real offence was his conduct which made him suspected of acting as an agent of Marius in the election. It was one of the duties of the Censors, when revising the lists of Equites and Senators, to erase the names of those whom they considered unworthy of the rank, and this without giving any reason for it.]
[Footnote 60: The words Patron and Client are now used by us, but, like many other Roman terms, not in the original or proper sense.
Dominus and Servus, Master and Slave, were terms placed in opposition to one another, like Patron and Client, Patronus and Cliens. A master who manumitted his slave became his Patronus, a kind of father (for Patronus is derived from Pater, father): the slave was called the Patron's Libertus, freedman; and all Liberti were included in the class Libertini. Libertinus is another example of a word which we use (libertine), though not in the Roman sense. But the old Roman relation of Patron and Client was not this. Originally the heads of distinguished families had a number of retainers or followers who were called their Clients, a word which perhaps originally meant those who were bound to hear and to obey a common head. It was a tradition that when Atta Claudius, the head of the great Claudian Gens, who were Sabines, was admitted among the Roman Patricians, he brought with him a large body of clients to whom land was given north of the Anio, now precise relation of the early clients to their leaders is one of the most difficult questions in Roman History, and much too extensive to be discussed here. It was the Patron's duty to protect his clients and to give them his aid and advice in all matters that required it: the clients owed to the Patron respect and obedience and many duties which are tolerably well ascertained. Long after the strictness of the old relation had been relaxed, the name continued and some of the duties, as we see in this sentence of Marius, where the Patron claimed to be exempted from giving evidence against his client. In the last periods of the Republic and under the Empire, Patron was sometimes simply used as Protector, adviser, defender, and Client to express one who looked up to another as his friend and adviser, particularly in all matters where his legal rights were concerned. Great men under the later Republic sometimes became the Patrons of particular states or cities, and looked after their interests at Rome. We have adopted the word Client in the sense of one who goes to an attorney or solicitor for his legal advice, but with us the client pays for the advice, and the attorney is not called his patron. A modern patron is one who patronises, protects, gives his countenance to an individual, or to some association of individuals, but frequently he merely gives his countenance or his name, that being as much as can be asked from him or as much as he will give.
The Clients must be distinguished from the Plebs in the early history of Rome, though there can be no doubt that part of the Plebeian body was gradually formed out of clients.]
[Footnote 61: Robbery and piracy were in like manner reckoned honourable occupations by the old Greeks (Thucydides, i. 5). These old robbers made no distinction between robbery and war: plunder was their object, and labour they hated. So says Herodotus (v. 6). A Thracian considered it a disgrace to till the ground; to live by plunder was the mark of a gentleman. When people can live by plunder, there must be somebody worth plundering. One object of modern civilisation is to protect him who labours from the aggression of him who does not.]
[Footnote 62: This fact renders it doubtful if Marius was of such mean birth as it is said. He married Julia, the sister of C. Julius Cæsar.
This Cæsar was the father of C. Julius Cæsar, the dictator, who was consequently the nephew of Caius Marius.]
[Footnote 63: See _Penny Cyclopædia_, "Veins, Diseases of." Cicero (_Tusculan. Quæst._ 2. c. 22) alludes to this story of the surgical operation. He uses the word Varices.]
[Footnote 64: Q. Cæcilius Metellus was consul B.C. 109 with M. Junius Silanus. He obtained the Agnomen of Numidicus for his services in the Jugurthine war.]
[Footnote 65: Legatus is a participle from the verb Lego, which signifies to assign anything to a person to do; hence legatus is one to whom something is delegated. The Roman word Legatus had various senses. Here the word legatus, which is the word that Plutarch intends, is a superior officer who holds command under a Consul, Prætor, Proconsul, Proprætor.]
[Footnote 66: The story of Turpillius is told by Sallustius (_Jugurthine War_, 66), who speaks of his execution, but says nothing of his innocence being afterwards established. The Romans had in their armies a body of engineers called Fabri, and the director of the body was called Præfectus Fabrorum. Vaga, which Sallustius calls Vacoa, was one of the chief towns in Numidia.]
[Footnote 67: Sallustius, who tells the same story pretty nearly in the same way (_Jugurth. War_, c. 64), says that the son of Metellus was about twenty. The insult was not one to be forgiven by a man like Marius, to be told that it would be soon enough for him to be consul three-and-twenty years hence. This son is Q. Cæcilius Metellus Pius who afterwards fought against Sertorius in Spain.]
[Footnote 68: The Latin word which Plutarch has translated is Imagines. These Imagines were busts of wax, marble, or metal, which the Romans of family placed in the entrance of their houses. They corresponded to a set of family portraits, but they were the portraits of men who had enjoyed the high offices of the State. These Imagines were carried in procession at funerals. Polybius (vi. 53) has a discourse on this subject, which is worth reading. Marius, who was a Novus Homo, a new man, had no family busts to show.]
[Footnote 69: Lucius Calpurnius Bestia was consul B.C. 111, and Spurius Postumius Albinus B.C. 110. They successively conducted the war against Jugurtha without success. Sallustius (_Jugurth. War_, c.
85) has put a long speech in the mouth of Marius on this occasion, which Plutarch appears to have used.]
[Footnote 70: Though much has been said on the subject, there is nothing worth adding to what Plutarch tells. He gives the various opinions that he had collected.]
[Footnote 71: This passage of the Celtic Galli into Italy is mentioned by Livius (5, c. 34) and referred by him to the reign of Tarquinius Priscus. This is the first invasion of Italy from the French side of the Alps that is recorded, and it has often been repeated.]
[Footnote 72: The modern Sea of Azoff.]
[Footnote 73: The Greek is [Greek: phugê] φυγη, which hardly admits of explanation, though Coræs has explained it. I have followed Kaltwasser in adopting Reiske's conjecture of [Greek: phulê] φύλη.]
[Footnote 74: It is stated by Mannert (_Geographie der Griechen und Römer_, Pt. iii. 410), that the term Hercynian forest was not always used by the ancients to denote the same wooded tract. At this time a great part of Germany was probably covered with forest. Cæsar (_Gallic War_, vi. 24) describes it as extending from the country of the Helvetii (who lived near the lake of Geneva) apparently in a general east or north-east direction, but his description is not clear. He says that the forest had been traversed in its length for sixty days without an end being come to.]
[Footnote 75: Plutarch's description is literally translated; it shows that there was a confused notion of the long days and nights in the arctic regions. Herodotus (iv. 25) and Tacitus in his _Agricola_ have some vague talk of the like kind.]
[Footnote 76: The passage in Homer is in the 11th Book, v. 14, &c.
This Book is entitled Necyia [Greek: nekyia] νέκυια, which is the word that Plutarch uses; it literally signifies an offering or sacrifice by which the shades of the dead are called up from the lower world to answer questions that are put to them.]
[Footnote 77: In B.C. 113 the Romans first heard of the approach of the Cimbri and Teutones. Cn. Papirius Carbo, one of the consuls of this year, was defeated by them in Illyricum (part of Stiria), but they did not cross the Alps. In B.C. 109 the consul M. Junius Silanus was defeated by the Cimbri, who demanded of the Roman Senate lands to settle in: the demand was refused. In B.C. 107 the consul L. Cassius Longinus fell in battle against the Galli Tigurini, who inhabited a part of Switzerland, and his army was sent under the yoke. This was while his colleague Marius was carrying on the campaign against Jugurtha in Africa. In B.C. 105 Cn. Manlius Maximus, the consul, and Q. Servilius Cæpio, proconsul, who had been consul in B.C. 106, were defeated by the Cimbri with immense slaughter, and lost both their camps. The name of Manlius is written Mallius in the Fasti Consulares, ed. Baiter.]
[Footnote 78: Scipio Africanus the younger was elected consul B.C. 147 when he was thirty-seven years of age, the law as to age being for that occasion not enforced. There was an old Plebiscitum (law passed in the Comitia Tributa) which enacted that no man should hold the same magistracy without an interval of ten full years. (Livius. 7, c. 42; 10, c. 13). The first instance of the law being suspended was in the case of Q. Fabius Maximus. One of Sulla's laws re-enacted or confirmed the old law.]
[Footnote 79: This canal of Marius is mentioned by Strabo (p. 183) and other ancient writers. The eastern branch of the Rhone runs from Arelate (Arles) to the sea, and the canal of Marius probably commenced in this branch about twenty Roman miles below Arles (which did not then exist), and entered the sea between the mouth of this branch and Maritima, now Martigues. The length of the canal of Marius might be about twelve Roman miles. Marseilles is east of Martigues. (D'Anville.
_Notice de la Gaule Ancienne_.)]
[Footnote 80: The movements of the barbarians are not clearly stated.
It appears from what follows that the Cimbri entered Italy on the north-east over the Noric Alps, for their march brought them to the banks of the Adige. Florus says that they came by the defiles of Tridentum (Trento). The Teutones, if they marched through the Ligurian country along the sea to meet Marius, who was near Marseilles, must have come along the Riviera of Genoa.]
[Footnote 81: Plutarch calls her a Syrian. Martha may have been a Syrian name, as well as a Jewish name. Syrians and Jews flocked to Rome in great numbers under the later Republic and the Empire, and got their living in various ways not always reputable. The Jews at Rome used to cause disturbances in the popular assemblies in Cicero's time.
(Cic. _Pro Flacco_, c. 28.) Jews and Syrians are often mentioned together by the Roman writers. The Jews at Rome were greatly troubled at the assassination of the Dictator Cæsar, and they crowded round the place where the body was burnt for nights in succession. Cæsar had rather favoured the nation for their services in the Alexandrine War.
[Footnote 82: He wrote on Natural History; among other things, a History of Birds, from which this story is probably taken. There is evidently an error in the text [Greek: êspazonto tous stratiotas] ἠσπάζοντο τοὺς στρατιοτάς. I have adopted Reiske's emendation.]
[Footnote 83: Pessinus was in Galatia, properly a part of Phrygia, and the seat of the temple of Cybele, the Mother of the Gods or the Great Mother. In the second Punic War the Romans sent ambassadors to Pessinus, and got permission to convey to Rome the Great Mother of the Gods, who was a sacred stone. The Sibylline Books had declared that when a foreign enemy was in Italy, he could be driven out, if the Idæan mother, for Cybele was so called also, was brought to Rome. The goddess was received at Rome (B.C. 203) with great respect, and placed in the temple of Victory. (Livius, 29, c. 10, &c.) Plutarch does not explain how the goddess now happened to be in Asia and Rome at the same time, for there is no account of her leaving Rome after she was taken there. The annual celebration called Megalesia, that is, the festival of the Great Mother, was instituted at Rome in honour of the goddess, and celebrated in the spring. (Herodianus, i. 32, &c.) It was a tradition that the stone fell from the skies at Pessinus. There was another great stone in Syria (Herodianus, v. 5), in the temple of the Sun, which was worshipped: the stone was round in the lower part, and gradually tapered upwards; the colour was black, and the people Aida that it fell from heaven. It is probable that these stones were ærolites, the falling of which is often recorded in ancient writers, and now established beyond all doubt by repeated observation in modern times. (See _Penny Cyclopædia_, "Ærolites.") There is a large specimen in the British Museum. The immediate cause of the Romans sending for the Great Mother was a heavy shower of stones at Rome, an occurrence which in those days was very common. One might have supposed that one of the Roman ærolites would have answered as well as the stone of Pessinus, but the stone of Pessinus had the advantage of being consecrated by time and coming from a distance, and it was probably a large stone. Cf. Plut. Lys. ch. 12.]
[Footnote 84: This is Aix, about eighteen Roman miles north of Marseilles. Places which were noted for warm springs or medicinal springs were called by the Romans Aquæ, Waters, with some addition to the name. The colony of Aquæ Sextiæ was founded by C. Sextius Calvinus B.C. 120, after defeating the Salyes or Saluvii, in whose country it was. The springs of Aix fell off in repute even in ancient times, and they have no great name now; the water is of a moderate temperature.
Other modern towns have derived their name from the same word Aquæ, which is probably the same as the Celtic word Ac or Acq. There is an Aix in Savoy, and Aix-la-Chapelle (Aachen) in the Rhine Province of Prussia. Sometimes the Aquæ took a name from a deity. In France there were the Aquæ Bormonis, the waters of the God Bormo (Bourbonnes-les-Bains): in England, Aquæ Sulis, the Waters of the Goddess Sulis, which by an error became Solis in our books, as if they were called the waters of the Sun. The inscriptions found at Bath name the goddess Sulia.]
[Footnote 85: Plutarch means to say that the Ambrones and Ligurians were of one stock, and some writers conclude that they were both Celts. This may be so or it may not, for evidence is wanting. Of all the absurd parade of learning under which ancient history has been buried by modern critics, the weightiest and the most worthless part is that which labours to discover the relationship of people of whom we have only little, and that little often conflicting, evidence.]
[Footnote 86: The Lar according to D'Anville, not the Arc.]
[Footnote 87: Statements of numbers killed are not worth much, even in any modern engagements. Velleius (ii. 12) makes the number of barbarians who fell in both battles above 150,000.]
[Footnote 88: The Romans called it Massilia; now Marseilles. It was an old Greek colony of the Phokæans. Strabo (p. 183) says that the people of Massilia aided the Romans in these battles and that Marius made them a present of the cut which he had formed from the Rhone to the sea, which the Massilians turned to profit by levying a toll on those who used it.]
[Footnote 89: A Greek lyric poet who lived in the seventh century B.C.
His fragments have often been collected.]
[Footnote 90: This was an old Roman fashion. (Livius, 1, c. 37; 41, c.
16.)]
[Footnote 91: Plutarch often uses the word Fortune [Greek: tuchê] τύcη, the meaning of which may be collected from the passages in which it occurs. Nemesis [Greek: Nemesis] Νέμεσις is a Greek goddess, first mentioned by Hesiod, and often mentioned by the Greek Tragoedians. She is the enemy of excessive prosperity and its attendant excessive pride and arrogance; she humbles those who have been elevated too high, tames their pride and checks their prosperous career. Nemesis had a temple and statue at Rhamnus in Attica.]
[Footnote 92: The Roman Athesis, the Italian Adige, the German Etsch.
The extravagance of this chapter of Plutarch is remarkable.]
[Footnote 93: The Eagle, Aquila, was the Roman standard in use at this time. Formerly the Romans had five symbols for their standards, the eagle, wolf, minotaur, horse, and wild boar, all of which were appropriated to respective divisions of the army. Marius in this Cimbrian war did away with all of them except the eagle. (Plinius, _N.H_. x. 4.)]
[Footnote 94: The Sequani were a Gallic people who were separated from the Helvetii by the range of the Jura, on the west side of which their territory extended from the Rhine to the Rhone and the Saone. (Florus iii. 3) mentions Teutobocus as the name of a king who was taken by the Romans and appeared in the triumph of Marius; he was a man of such prodigious stature that he towered above his own trophies which were carried in the procession.]
[Footnote 95: The object of this contrivance is explained by Plutarch, and it is clear enough. There is no reason then to imagine another purpose in the design, as some do, which moreover involves an absurdity.]
[Footnote 96: Near Vercelli in Piemont on the Sesia, a branch of the Po, which the Greeks generally call Eridanus, and the Romans, Padus.
The plain of Vercelli, in which the battle was fought, is called by Velleius (ii. 12) Raudii campi. The situation of the Raudii campi can only be inferred from Plutarch. Some geographers place them north of Milan.]
[Footnote 97: Plutarch pays no attention to the movements of an army, and his battles are confused. He had perhaps no great turn for studying military movements, and their minute details did not come within his plans.]
[Footnote 98: Plutarch alludes to Sulla's memoirs in twenty-two books, which, he frequently refers to. Catulus wrote a history of the war and of his consulship, which Cicero (_Brutus_, c. 35) compares as to style with Xenophon. It appears from Plutarch's remark that he had not seen the work of Catulus.]
[Footnote 99: [Greek: Dibolia] Διβολία is the reading that I have followed. I have given the meaning here and in the first part of the next chapter as well as I can.]
[Footnote 100: This was the Roman expression for dedicating something to a sacred purpose. After the victory Catulus consecrated a temple at Rome "To the Fortune of this Day."]
[Footnote 101: Sextilis, the sixth month of the Roman year when the year began in March, was called Augustus in honour of Augustus Cæsar, as Quintilis or the fifth month was called Julius in honour of the Dictator Cæsar.]
[Footnote 102: Reiske would make the ambassadors to be from Panormus (Palermo) in Sicily.]
[Footnote 103: Marius was now Consul. Catulus was only Proconsul. He was consul the year before.]
[Footnote 104: The allusion is to Romulus, and M. Furius Camillus, who saved Rome in the Gallic invasion B.C. 300.]
[Footnote 105: L. Appuleius Saturninus was tribune in the year B.C.
100, in the sixth consulship of Marius. He was put to death in the same year (c. 30), though his death is not mentioned there by Plutarch.
C. Servilius Glaucia was prætor in this year. He lost his life at the same time with Saturninus. This Servilius was a great favourite with the people. He proposed and carried a law De Pecuniis Repetundis, or on mal-administration in a public office, some fragments of which are preserved on a bronze tablet, and have been commented on by Klenze, Berlin, 1825, 4to.]
[Footnote 106: Rutilius Rufus was consul B.C. 105. He was accused of malversation in his proconsulship of Asia, B.C. 99, convicted by the judices, who at that time were taken from the Equites, and retired to Smyrna, where he spent the rest of his days. He wrote his own Memoirs in Latin, and a history of Rome in Greek. He was an honest man, according to all testimony, and innocent of the offence for which he was convicted. (Compare Tacitus, _Agricola_, 1; and C. Gracchus, notes, c. 5.)]
[Footnote 107: The consulships of M. Valerius Corvus were comprised [Footnote 108: He was murdered at the instigation of Saturninus and Glaucia as he was leaving the place of assembly. He fled into an inn or tavern to escape, but he was followed by the rabble and killed.
[Footnote 109: The law related to the lands which the Cimbri had taken from the Gauls in Cisalpine Gaul, and which the Romans now claimed as theirs because they had taken them from the Cimbri. Appian (_Civil Wars_, i. 29, &c.) gives the history of the events in this chapter.]
[Footnote 110: Appian's account is clearer than Plutarch's. He says that Metellus withdrew before the passing; of the enactment by which he was banished. This was the usual formula by which a person was put under a ban, and it was called the Interdiction of "fire and water," to which sometimes "house" is added, as in this case. The complete expression was probably fire, water, and house. Cicero had the same penalty imposed on him, but he withdrew from Rome, like Metellus, before the enactment was carried. There is no extant Life of Metellus Numidicus by Plutarch.]
[Footnote 111: The story of the death of Saturninus and Glaucia is told by Appian (_Civil Wars_, i. 32). These men committed another murder before they were taken off. They set men upon Memmius, who was the competitor of Glaucia for the consulship, and Memmius was killed with clubs in the open day while the voting was going on. The Senate made a decree that Marius should put down these disturbers, but he acted unwillingly and slowly. The supply of water, according to Appian, was cut off by others, before Marius began to move. These turbulent times are spoken of by Cicero in his oration for C.
Rabirius, c. 11. Marius put the men who surrendered into the Senate-house, but the people pulled the tiles off the roof and pelted the prisoners with the tiles till they died.]
[Footnote 112: The return of Metellus was mainly due to the exertions of his son, who thence obtained the name of Pius. He was restored B.C.
99 by an enactment (lex) which was necessary in order to do away with the effect of the Interdict. Cicero was restored in like manner. One Publius Furius, a tribune, the son of a man who had once been a slave, successfully opposed the return of Metellus during his year of office.
In the next year Furius was out of office, and Caius Canuleius, a tribune, prosecuted him for his conduct before the people (populi judicium), who had not patience enough to listen to his defence; they tore him in pieces in the Forum. Metellus was detained a whole day at the gates of Rome with receiving the congratulations of his friends on [Footnote 113: See the Life of Sulla.]
[Footnote 114: The Social, called also the Marsic, war, from the warlike nation of the Marsi who were active in it, commenced B.C. 91 and was not completely ended till B.C. 88. The immediate cause of the Social war, or the war of the Italian Allies (Socii) of the Romans, was the rejection of a measure proposed by the tribune M. Livius Drusus, which was to give to the Italian allies the rights of Roman citizens. The Allies were subject States of Rome, which supplied the Romans with men and money for their wars and contributed to their victories. They claimed to have the political rights of Romans as a compensation for their burdens; and they succeeded in the end. The war was at first unfavourable to the Romans. In the consulship of L.
Julius Cæsar, B.C. 90, a Lex Julia was proposed which gave the Roman citizenship to all the Italians who had continued faithful to Rome, if they chose to accept it. A Lex Plautia Papiria of the following year extended the Lex Julia and gave the Roman citizenship to all the allies except the Samnites and Lucanians. Sulla finished the war. (See Life of Sulla.)]
[Footnote 115: The MSS. of Plutarch vary in this name. His true name was Pompædius Silo: he was the leader of the Marsi. He fell in battle against Metellus Pius.]
[Footnote 116: Publius Sulpicius Rufus was tribune B.C. 88 in the first consulship of Sulla. Cicero had heard many of the speeches of Sulpicius. "He was," says Cicero, "of all the orators that ever I heard, the most dignified, and if one may use the expression, the most tragic: his voice was powerful, sweet, and clear; his gesture and every movement graceful; and yet he seemed as if he were trained for the Forum and not for the stage; his language was rapid and flowery, and yet not redundant or diffuse." (Brutus, c. 55.) Yet this great orator was no writer, and Cicero had heard him say that he was not accustomed to write and could not write. The fact of his inability to write is sufficiently explained by the fact that he did not try.
Cicero has made Sulpicius one of the speakers in his Book on the Orator, where (iii. 3) he admits that he was a rash man. (See _Penny Cyclopædia_, "P. Sulpicius Rufus," by the author of this note; and as to his end, see Sulla, c. 10.)]
[Footnote 117: Baiæ on the north side of the Bay of Naples, and near Puteoli (Pozzuoli), was a favourite residence of the wealthy Romans, who came for pleasure and to use the warm baths. The promontory of Misenum is near Baiæ.]
[Footnote 118: Plutarch means drachmæ. (See Tiberius Gracchus, c. 2.)]
[Footnote 119: The history of this affair is given somewhat more clearly by Appian (_Civil Wars_, i. 55). Marius gave the Italians who had lately obtained the franchise, hopes that they would be distributed among the other tribes, and thus they would have a preponderance, for they were more numerous than the old citizens.
Sulpicius accordingly proposed a law to this effect, which was followed by a great disturbance, upon which the consuls Pompeius and Sulla proclaimed a Justitium such as was usual on festivals. A Justitium signifies a stopping of all legal proceedings: during a Justitium nothing could be done; and the consuls adopted this measure to prevent the proposed law of Sulpicius from being carried. Appian says that Sulpicius carried this law, and the tribes in which the new citizens now had the majority appointed Marius to the command in the war against Mithridates. But Sulla and Pompeius afterwards got all the laws of Sulpicius repealed on the ground of being earned by [Footnote 120: This act is sufficient to stamp Marius with infamy; and it is not the only time that he did it. Octavius, an honest man, refused to arm the slave against his master. (Marius, c. 42). The last British governor of Virginia closed his inglorious career by the same unsuccessful act of cowardice. (November, 1775). "In November Lord Dunmore proclaimed martial law in the colony, and executed his long-threatened plan of giving freedom to all slaves who could bear arms and would flock to his standard. But these measures, though partially annoying, had the effect of irritating and rousing the people rather than breaking their spirit." (Tucker's _Life of Jefferson_, vol. i. p. 78). Before the middle of the next year Dunmore made his escape from Virginia, after setting fire to the town of Norfolk.]
[Footnote 121: The site of this place is unknown. Cramer (_Ancient Italy_, ii. 31) says that the place is only mentioned by Dionysius (ii. 37).]
[Footnote 122: Appian calls this Marius the adopted son of Caius Marius.]
[Footnote 123: The port of Rome at the mouth of the Tiber.]
[Footnote 124: Circeii is a promontory which contains a solitary elevation, now Monte Circello. Terracina or Anxur is about twelve miles east of it, and the Pomptine marshes lie between. This tract is now very thinly inhabited, being used for pasturage, and it was apparently in the same state in the time of Marius. Yet this desolate tract where a house is now rarely seen was once full of Latin towns, in the earlier period of Rome.]
[Footnote 125: This is the older Greek poet of the name. It is unknown when he lived, but he belongs to a period earlier than that of authentic history. Aristotle (_Hist. of Animals_, vi. 5) quotes this line, and in Bekker's edition the last word is [Greek: alegizei] ἀλεγίζει, which I have translated. Sintenis reads [Greek: alubazei] ἀλυβάζει, and Kaltwasser says that [Greek: alegizei] ἀλεγίζει cannot have the meaning which I and others have given to it.]
[Footnote 126: Minturnæ is near the mouth of the Liris, now the Garigliano, and in a swampy district. The lower course of the Garigliano is through a flat, marshy, unhealthy region. If Marius landed near Circeii he could not well have passed Teracina without being seen. It in probable therefore that he landed south of Terracina.]
[Footnote 127: Ænaria, now Ischia, is forty miles south of the mouth of the Liris.]
[Footnote 128: Marius and his adherents had been declared enemies to the State; and in the declaration it was not forgotten that Marius had attempted to excite the slaves to rebellion. The head of Sulpicius was already stuck up in the Forum (Appian, _Civil Wars_, i. 60; Velleius, ii. 19).]
[Footnote 129: A divorce at Rome was effected by the husband or wife giving a written notice. In the time of Cicero, at least, either party might effect the divorce. If the divorce was owing to the adultery of the wife, the husband was entitled to retain a part of the marriage-portion; a sixth, according to Ulpian (_Frag._ vi.). The marriage-portion or Dos (which Plutarch translates by the Greek word [Greek: phernê] φέρνη) was that property which on the occasion of a woman's marriage was transferred to the husband by the woman or by another, for the purpose of enabling the husband to bear the additional burden of a wife and family. All the woman's property which did not become dos, remained her own, except in one of the forms of marriage (conventio in manum), when, pursuant to the nature of the union by which the wife came into her husband's power and assumed towards him the relation of a daughter, all her property became her husband's; as is distinctly asserted by Cicero (_Topica_, 4; compare Ulpian, _Frag_. xix. 18). As the dos was given to the husband for a particular purpose, it was consistent that it should be returned when the marriage was dissolved. The means of recovering the dos was by action. The liability to restore the dos would be one check on the husband lightly separating from his wife. When Cicero's brother Quintus divorced his wife Pomponia, he had a good deal of trouble in finding means to return her portion. (Cicero, _Ad Attic._ xiv. 13).
The law of dos comprised a great number of rules, and is a difficult subject. Rein (Das _Römische Privatrecht_, p. 204) has given a sketch of the Roman Law of Divorce that is useful to scholars; and he has in another place (p. 193, &c.) treated of the Law of Dos. It is difficult to avoid, error in stating anything briefly on the subject of Divorce and Dos.]
[Footnote 130: Plutarch does not say what the copper coins were; nor is it important. The penalty was merely nominal, but it was accompanied by what the Romans called Infamia. Fannia showed on this occasion that she was a better woman than Marius took her to be.
Tinnius is perhaps not a Roman name. There are many errors in proper names in Plutarch's text. Perhaps the true reading is Titinius. (See the note of Sintenis).]
[Footnote 131: All or nearly all of the Italian cities had a municipal constitution. The chief magistrates were generally two, and called Duumviri. The Council was called the Decuriones or Senate.]
[Footnote 132: This is the island of Gerba in the regency of Tunis, close to the shore and to the town of Gabs or Cabes. It is now a large and populous island inhabited by an industrious manufacturing population. It is about 200 miles south of Tunis, which is near the site of Carthage. Cercina is a group of smaller islands above 50 miles north of Meninx, now called the Karkenna islands. These distances show that Marius must have been rambling about for some time this coast.
(_Penny Cyclopædia_, art. "Tunis.")]
[Footnote 133: Cn. Octavius Nepos and L. Cornelius Cinna were consuls B.C. 87. Cinna had sworn to maintain the interests of the Senate (Sulla, c. 10), but when Sulla had left Italy for the Mithridatic war, Cinna declared himself in favour of the new citizens, and attempted to carry the measure for incorporating them with the old tribes. It is said that he received a considerable sum of money for undertaking this. The parties of Cinna and Octavius armed for the contest which was expected to take place when this measure was proposed. Octavius drove his opponents out of the Forum with great slaughter, and Cinna left the city. He was joined by great numbers of the new citizens and then formed an army. The Senate passed a decree that Cinna was neither consul nor a citizen, inasmuch as he had deserted the city, and offered freedom to the slaves if they would join him. L. Cornelius Merula, who was elected consul in place of Cinna, was flamen dialis, or Priest of Jupiter. He put himself to death by opening his veins, after Marius and Cinna entered Rome. (Appian, _Civil Wars_, i. 74).]
[Footnote 134: Now Talamone, on the coast of Tuscany near Orbitello.]
[Footnote 135: Rome had long before this derived supplies of corn from Sicily and other parts out of Italy. Perhaps this may prove that the cultivation in the Campagna of Rome and the countries south of Terracina had not improved with the increase of Rome. But other countries are better suited for grain than the low lands of this side of Italy, and so far as concerns the cost of transport, grain might be brought from Sardinia and Sicily as cheaply as from many parts of