The Memorial of Symmachus, Prefect of the City¶
THE occasion on which this Memorial was presented is stated in the introduction to the last letter. It is addressed formally to the three Emperors Valentinian, Theodosius, and Arcadius, but really to Valentinian only, who was at that time sole Emperor of the West. Symmachus was the leading orator and scholar of his day, and his plea is composed with much skill and vigour. Gibbon (ch. xxviii.) expresses hearty admiration of the caution with which he ‘avoids every topic which might appear to reflect on the religion of his sovereign, and artfully draws his arguments from the schools of rhetoric rather than from those of philosophy,’ and gives a summary of its contents in a tone of keen appreciation, as might be expected. We may allow, with Cave (Life of S. Ambrose 3, 3.) that ‘it was the best plea the cause would bear.’
1. AS soon as the honourable Senate, ever faithful to your Majesty, learnt that offences were made amenable to law, and that the character of past times was being redeemed by pious governors, it hastened to follow the precedent of better times, and give utterance to its long repressed grief, and commissioned me once more to be the spokesman of its complaints, for I was before refused access to the deceased Emperor by evil men, because otherwise justice could never have failed me, most noble Emperors Valentinian, Theodosius and Arcadius, victorious and triumphant, ever illustrious.
2. Filling then a twofold office, as your Prefect I report the proceedings of the Senate70, as the envoy of the citizens I offer to your favourable notice their requests. Here is no opposition of wills. Men have ceased to believe that disagreement proves their superiority in courtly zeal. To be loved, to be the object of respect and affection is more than sovereignty. Who could suffer private contests to injure the commonwealth? Justly does the Senate assail those who prefer their own power to the honour of the prince.
3. It is our duty to be watchful for your Majesties. The very glory of this present time makes it the more fitting that we should maintain the customs of our ancestors, the laws and destinies of our country; for it conduces to this glory that you should know it is not in your power to do anything contrary to the practice of your parents. We ask the restoration of that state of religion under which the Republic has so long prospered. Let the Emperors of either sect and either opinion be counted up; a late Emperor observed the rites of his ancestors, his successor did not abolish them. If the religion of older times is no precedent, let the connivance of the last Emperors71 be so.
4. Who is so friendly with the barbarians as not to require an altar of Victory? Hereafter we must be cautious, and avoid a display of such things. But let at least that honour be paid to the name which is denied to the Divinity72. Your fame owes much, and will owe still more, to Victory. Let those detest this power, who were never aided by it, but do you not desert a patronage which favours your triumphs. Vows are due to this power from every man, let no one deny that a power is to be venerated which he owns is to be desired.
5. But even if it were wrong to avoid this omen, at least the ornaments of the Senate-house ought to have been spared. Permit us, I beseech you, to transmit in our old age to our posterity what we ourselves received when boys. Great is the love of custom. And deservedly was the act of the deified Constantius of short duration. You ought to avoid all precedents which you know to have thus been reversed. We are solicitous for the endurance of your name and glory, and that a future age may find nothing to amend.
6. Where shall we swear to observe your laws and statutes? by what sanction shall the deceitful mind be deterred from bearing false witness? All places indeed are full of God, nor is there any spot where the perjured can be safe, but it is of great efficacy in restraining crime to feel that we are in the presence of sacred things. That altar binds together the concord of all, that altar appeals to the faith of each man, nor does any thing give more weight to our decrees than that all our decisions are sanctioned, so to speak, by an oath. A door will thus be opened to perjury, and this is to be approved of by the illustrious Emperors, allegiance to whom is guarded by a public oath!
7. But Constantius, of sacred memory, is said to have done the same thing. Be it so, let us then imitate his other actions, feeling sure that had any one committed this error before his time, he would never have fallen into it. For the fall of one is a warning to his successor, and the censure of a previous example causes amendment. It was allowable for this predecessor of your Majesties to incur offence in a novel matter, but how can the same excuse avail us, if we imitate that which we know was disapproved?
8. Will your Majesties listen to other acts of this same Emperor more worthy of your imitation? He left uncurtailed the privileges of the sacred virgins, he filled the priestly office with men of noble birth, he allowed the cost of the Roman ceremonies, and following the joyful Senate through all the streets of the eternal city, he beheld with serene countenance the temples, reading the names of the gods inscribed on their pediments, he enquired after the origin of the sacred edifices, and admired their founders. Although he himself professed another religion he maintained the ancient one for the Empire; for every man has his own customs, his own rites. The Divine mind has distributed to cities various guardians and various ceremonies. As each man that is born receives a soul, so do nations receive a genius who guards their destiny. Here the proof from utility comes in, which is our best voucher with regard to the Deity. For since our reason is in the dark, what better knowledge of the gods can we have than from the record and evidence of prosperity? And if a long course of years give their sanction to a religion, we ought to keep faith with so many centuries, and to follow our parents, as they followed with success those who founded them.
9. Let us suppose Rome herself to approach, and address you in these terms: ‘Excellent Emperors, Fathers of your country, respect these years to which pious rites have conducted me. Let me use the ancient ceremonies, for I do not repent of them. Let me live in my own way, for I am free. This worship reduced the world under my laws; these sacred rites repulsed Hannibal from the walls, and the Gauls from the Capitol. Am I reserved for this, to be censured in my old age? I am not unwilling to consider the proposed decree, and yet late and ignominious is the reformation of old age.’
10. We pray therefore for a respite for the gods of our fathers and our native gods73. That which all venerate should in fairness be accounted as one. We look on the same stars, the heaven is common to us all, the same world surrounds us. What matters it by what arts each of us seeks for truth? We cannot arrive by one and the same path at so great a secret; but this discussion belongs rather to persons at their ease, it is prayers not arguments which we now offer.
11. What advantage accrues to your treasury from the abolition of the privilege of the Vestal virgins? Shall that be denied under princes the most munificent which the most parsimonious have granted? Their sole honour consists in their wages, so to speak, of chastity. As their fillets adorn their heads, so is it esteemed by them an honour to be free to devote themselves to the ministry of sacrifices. It is but the bare name of exemption which they ask, for their poverty exonerates them from any payment. So that he who reduces their means, contributes to their praise, for virginity dedicated to the public welfare is meritorious in proportion as it is without reward.
12. Far be such gains from the purity of your treasury. The exchequer of good princes should be replenished by the spoils of enemies, not by the losses of ministers of religion. And is the gain any compensation for the odium? Those whose ancient resources are cut off only feel it the more acutely in that you are free from the charge of avarice. For under Emperors who keep their hands from other men’s goods and check desire what does not excite the cupidity of the spoiler must be taken solely with a view of injuring the person robbed.
13. The Imperial Exchequer retains also lands bequeathed by the will of dying persons to the sacred virgins and priests. I implore you, as Priests of justice, to restore to the sacred functionaries of your city the right of inheritance. Let men dictate their wills in peace, knowing that under equitable princes their bequests will be undisturbed. Men are wont to take pleasure in this security, and I would have you sympathise with them, for the precedent lately set has begun to harass them on their death-beds. Shall it be said that the religion of Rome appertains not to Roman laws? What name shall we give to the taking away of legacies which no law no casualty has made void? Freedmen may take legacies, slaves are allowed74 a due latitude of bequeathing by will, only the noble virgins and ministers of sacred rites are excluded from inheriting lands devised to them. What advantage is it to dedicate one’s virginity to the public safety, and to support the immortality of the empire with heavenly protection, to conciliate friendly powers to your arms and eagles, to take upon oneself vows salutary for all, and to refrain from commerce with mankind in general? Slavery then is a happier condition, whose service is given to men. It is the state which is wronged, whose interest it never is to be ungrateful.
14. Let me not be supposed to be defending the cause of the ancient religions only; from acts of this kind all the calamities of the Roman nation have arisen. The laws of our ancestors provided for the Vestal virgins and the ministers of the gods a moderate maintenance and just privileges. This gift was preserved inviolate till the time of the degenerate moneychangers, who diverted the maintenance of sacred chastity into a fund for the payment of base porters. A public famine ensued on this act, and a bad harvest disappointed the hopes of all the provinces. The soil was not here in fault, we ascribe no influence to the stars, no mildew blighted the crops, nor did tares choke the corn, it was sacrilege which rendered the year barren, for it was necessary that all should lose that which they had denied to religion.
15. By all means, if there is any instance of such an evil, let us attribute this famine to the effect of the seasons. An unhealthy wind has caused this blight, and so life is supported by means of shrubs and leaves, and the peasants in their want have had resource once more to the oaks of Dodona75. When did the provinces suffer such a calamity, so long as the ministers of religion were supported by the public bounty? When were oaks shaken for the food of man, when were roots dug up, when were opposite regions of the earth cursed with sterility, so long as provisions were furnished in common to the people and to the sacred virgins? The produce of the earth was blessed by its support of the priests, and thus the gift was rather in the nature of a safeguard than of a largess. Can it be doubted that the gift was for the common benefit, now that a general scarcity has attended its dis continuance?
16. But it may be said that public aid is rightly refused to the cost of an alien religion. Far be it from good rulers to suppose that what has been bestowed from the common stock on certain individuals is within the disposal of the Imperial treasury. For as the commonwealth consists of individuals, so that which comes from it becomes again the property of individuals. You govern all, but you preserve for each his own, and justice has more power with you than arbitrary will. Consult your own generous feelings, whether that ought still to be deemed public property which has been conferred on others. Gifts once devoted to the honour of the city are placed out of the power of the donors, and that which originally was a free-gift becomes by usage and length of time a debt. Vain therefore is the fear which they would impress upon your minds who assert that unless you incur the odium of withdrawing the gift you share the responsibility of the donors of it.
17. May the unseen patrons of all sects be propitious to your Majesties, and may those in particular who of old assisted your ancestors, aid you and be worshipped by us. We ask for that religious condition which preserved the empire to your Majesties’ father76, and blessed him with lawful heirs. That venerable sire beholds from his starry seat the tears of the priests, and feels himself censured by the infraction of that custom which he readily observed.
18. I beg you also to amend for your departed brother what he did by the advice of others, to cover the act by which he unknowingly offended the Senate. For it is certain that the reason why the embassage was refused admittance was, to prevent the decision of the state from reaching him. It is due to the credit of past times to abolish without hesitation that which has been found not to have been the doing of the Emperor.
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The Præfectus Urbi at this time ‘was regarded as the direct representative of the Emperor,’ and, among other duties, ‘he had every month to make a report to the Emperor of the transactions of the Senate,’ and also was ‘the medium through which the Emperors received the petitions and presents from their capital.’ Dict. of Ant. sub voc.
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By the ‘late emperor’ is meant Julian; ‘his successor’ is Valentinian the 1st, and ‘last Emperors’ are Valentinian the 1st and Valens.
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There is a play here on the words ‘nomen’ and ‘numen.’
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Symmachus is thinking of Virgil’s invocation,
Di patrii, Indigetes, et Romule, Vestaque Mater, &c.
Georg. i. 498.The Di patrii are explained as being those brought by Æneas into Italy, Indigetes those native to the soil of Italy.
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In strict law a slave’s peculium was the property of his owner, but custom had allowed it to be regarded his own property.
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Another trace of Virgil:
Cum jam glandes atque arbuta sacræ
Deficerent silvæ et victum Dodona negaret.
Georg. i. 158.- 76
Valentinian the 1st, as Symmachus mentions above, had tolerated the heathen rites, and this he here represents as having availed to win the special favour of the gods.