Mos, Maiores, and Historical Exempla in Roman Culture and Society
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OUP CORRECTED PROOF – FINAL, 28/6/2010, SPi 1 Mos, maiores, and historical exempla in Roman culture and society The Roman republic with its institutions was not founded by a written constitution but had developed over centuries. The sources consulted for proper legitimate practices—whether political, social, religious, or economic— were laws and decrees of various kinds, legal precedents, and tradition, mos. Mos was an unwritten yet central part of Roman society because, for example, many rules of the political and legal systems were based on tradition rather than laws and statutes. Similarly, mos guided social norms. In this way, mos had a normative function in the Roman republic. The ancestors were regarded as the creators of mos, and the collective actions and customs of the ancestors was termed mos maiorum. The fundamental importance of mos maiorum for the right interpretation of constitutional practices of the Roman state meant that the ancestors were revered as providers of such practices and that their actions and decisions were regarded as one of the leading principles in all aspects of life. The nature of mos maiorum meant that it was a very flexible source of practices and that the actions and customs of the ancestors could always be reinterpreted. In this way, the Romans looked to the past not only for solutions but also for qualifications for present situations which suited their own particular agenda.1 1 Instances of orators referring to mos or the maiores: Val. Max. 4.1.3 (C. Marcius Rutilus Censorinus speaking); Festus 220.9; Prisc. in G.L.2, 226.16; Gell. NA. 4.3.37, 14.2.21 (M. Porcius Cato Maior); Gell. NA. 4.20.1; Macrob. Sat. 3.14.6 (P. Cornelius Scipio Africanus Aemilianus); Cic. De or. 2.200 (C. Antonius, the orator); Cic. Tul. 49 (L. Quinctius); Cic. Balb. 2 (Pompey). For modern discussions of mos maiorum see Rech (1936) 8; Bleicken (1975) 354–96; Burckhardt (1988) 14; Timpe (1996) 279; Lintott (1999b) 1–8; Stemmler (2000) 167; Bettini (2000); Ho¨lkeskamp (2004a) 184–5; Flaig (2004) 83–8; Wallace-Hadrill (2008b) 213–58. Blo¨sel (2000) 76: two meanings of maiores, while Wallace-Hadrill (2008b) 218 argues for three broad uses of maiores. Walter (2004) 51 argues that historical exempla had a normative effect in practice. For the relationship between mos and ius (law) see Lintott (1999b) 1–8; Harries (2006) 68–70. OUP CORRECTED PROOF – FINAL, 28/6/2010, SPi Mos, maiores, and exempla in Roman times 13 The reasons for the respect for the ancestors and their actions were, to a certain extent, political. Modern scholars have argued that the political and social upper class of the Roman republic, the nobility, attempted to retain their power by referring to the leading position of their ancestors. That is, the tradition justified the continued power of this group. The composition of the nobility changed over time, but the argument from ancestral actions and customs seems to have stayed the same.2 The nobility had to take the opinion and responses of the people into consideration when conducting their polit- ics. The discussion of the nature of popular politics in Rome has, if not come to a consensus, at least emphasized and reminded us of the importance of the people as electorate and of oratory as a means of persuading the electorate.3 References to the ancestors must have worked with the electorate, given the many such references found in the extant speeches.4 This, in turn, raises the question of the ownership of these ancestors. The nobility talked of the ancestors within their own families, but also of the maiores of the past as a whole. In this way the maiores could be understood as personal ancestors of a particular family, but also as the ancestors of the whole Roman people at large.5 This double meaning of ancestors can be found in both the literary and the material sources and it provides a further dimension to the rhetorical 2 Blo¨sel (2000) 37, 46–7, 51, 67; Walter (2003) 256–8; Pina Polo (2004) 168–70; Walter (2004) 84–6; Flaig (2004) 76. Blo¨sel (2000) 48 finds the origins of mos maiorum in the struggle between patricians and plebeians. Pina Polo (2004) 164–5 argues for three phases of political use of maiores by the nobility, of which the struggle between patricians and plebeians constitute the first. For the maiores as a concept for the nobility, see Ho¨lkeskamp (2004a) 187. Beck (2003) traces this discourse of the nobility in the early Roman historiography. Cicero did not justify the position of the nobiles with reference to the maiores but he did employ the maiores in his attempt to justify the power of the Senate and the consuls: Cic. Sest. 137. For a discussion of aristocratic values see Rosenstein (2006). 3 The central issues are discussed, with varying and even contrasting conclusions, in Millar (1998) (collecting thoughts expressed in earlier articles) stressing the political power of the populus; North (1990) contra Millar emphasizes the limits on popular power; Yakobson (1999) supports Millar in his stress on popular power in the elections; Mouritsen (2001) contra Millar emphasizes the difference between formal and real political power of the populus; Morstein- Marx (2004) supports Millar in his stress on popular power, but prefers not to call it ‘demo- cratic’ but rather ‘contional’. For an overview of the debate see Jehne (2006) 14–23. The latest contribution to the debate is Wiseman (2009). 4 Cicero’s speeches abound in such references, as will be discussed throughout this study. On the difference between exempla employed in Senate speeches from those in contio speeches, see the sections ‘The flexibility of exempla: the example of the Gracchi’ and ‘The importance of genre?’ in Chapter 6. For evidence of other orators referring to historical exempla see page 2 note 2 and page 12 note 1. 5 Blo¨sel (2000) 26, 31, 53 argues that the ancestors of anybody outside the nobility did not count as maiores. Flaig (2004) 83–8 is critical of this idea and instead argues that the plebs knew and shared the norms of the nobility, including their representation of mos maiorum. See Bu¨cher (2006) 114–15 for a similar but less explicitly argued view. Wallace-Hadrill (2008b) 218 operates with three broad uses of ancestors. OUP CORRECTED PROOF – FINAL, 28/6/2010, SPi 14 Introduction device of referring to the ancestors. Would the populus identify with these maiores of the nobility or would they think of their own personal ancestors? This question is difficult to answer because we lack sources from the lower strata of Roman society. Given the power and appeal of the concept of mos maiorum, the people, too, must have identified, at least partly, with the maiores as ancestors for themselves.6 Besides the political background of this concept, cultural implications can be found as well. Early Roman historians such as Fabius Pictor and Cato Maior referred to the virtues of the ancestors in order to explain and justify Roman supremacy in the Mediterranean world. They argued that the gods had willed the imperial power to the Romans because of the high moral standards of the maiores. In this way, Roman supremacy was legitimized and, at the same time, a Roman identity as an imperial power was created. This identity included not only a self-understanding, but also a responsibility for all Romans to live up to the ancestors, thereby keeping the gods on their side and the empire safe.7 This sense of responsibility was one of the driving forces behind the normative power of mos maiorum. A sense of responsibility was certainly felt within the nobility, perhaps mostly as a responsibility to live up to ancestors within the family.8 Implicit in this responsibility lay an expectation of imitation of ancestral actions. Since the ancestors had been favoured by the gods, an imitation of the ancestors and their actions would secure the continuation of this favour. This expectation led to a moralizing character of the accounts of the ancestral actions and customs. It was made clear to the audience what was good and what was bad behaviour to enable them to use these accounts as yardsticks for their own behaviour. This moralizing element meant that history became a series of good and bad res gestae, that is, actions of the ancestors, rather than impersonal events. History had a practical purpose of providing lessons for the present, and historians therefore focused on individuals rather than on abstract concepts or qualities and connections.9 These concrete actions of the ancestors, these res 6 Flaig (2004) 76–7 argues that the references to the maiores and specific historical exempla supported the consensus-driven Roman politics: consensus between single nobiles and the Senate and consensus between the Senate and the people. 7 For the shaping of a Roman imperial identity through maiores and the role of early Roman historians in this formation, see Lind (1972); Bleicken (1981) 247–9; Stemmler (2000) 166, 192; Pina Polo (2004) 165–6; Ho¨lkeskamp (2004a) 177. 8 Cic. Planc. 51 (M. Juventius Laterensis); Cic. Brut. 281–2 (P. Licinius Crassus, son of M. Cras- sus); Cic. Brut. 331 (M. Junius Brutus); Cic. Rab. Post. 2 (Scipios, P.Decius); Cic. Flac. 25 (Flaccus). Lind (1979) 52; Hofmann-Lo¨bl (1996) 1; Blo¨sel (2000) 40, 46; Ho¨lkeskamp (2004a) 187. 9 See Cic. Arch. 14; Polyb. 1.1, 3.31 for the past providing moral lessons for the present. Cape (1997) 212–16; Ho¨lkeskamp (2004a) 177, 180.