Imperial Rome Ad 193 To 284 The Critical Century The Edinburgh History of Ancient Rome 1nbsped 9780748655342 9780748620500 9780748620517 9780748629206 0748655344
Imperial Rome Ad 193 To 284 The Critical Century The Edinburgh History of Ancient Rome 1nbsped 9780748655342 9780748620500 9780748620517 9780748629206 0748655344
Clifford Ando
EDINBURGH
University Press
© Clifford Ando, 2012
www.euppublishing.com
Reprinted 2013
Typeset in Sabon
by Norman Tilley Graphics Ltd, Northampton,
and printed and bound in Great Britain
by CPI Group (UK) Ltd, Croydon, CR0 4YY
Figures
Series editor’s preface
Acknowledgements
Abbreviations
Maps
1. The Roman empire in the age of Septimius Severus
2. The eastern Mediterranean in the third century AD
3. Military advances from Septimius Severus to Gordian III
4. Military advances from Papienus to Diocletian
1. A critical century
2. The principal author of the decline and fall
3. The legacies of Septimius Severus
4. Law, citizenship and the Antonine revolution
5. The empire and its neighbors: Maximinus to Philip
6. Religion
7. Failure and fragmentation: From the accession of Decius to the death of
Gallienus
8. Government and governmentality
9. Reconquest and recidivism, 268–84
10. Conclusion
Rome, the city and its empire, stands at the center of the history of Europe, of
the Mediterranean, and of lands which we now call the Middle East. Its
influence through the ages which followed its transformation into the Byzantine
Empire down to modern times can be seen across the world. This series is
designed to present for students and all who are interested in the history of
western civilization the changing shape of the entity that was Rome, through its
earliest years, the development and extension of the republic, the shift into the
Augustan Empire, the development of the imperial state which grew from that,
and the differing patterns of that state which emerged in east and west in the
fourth to sixth centuries. It covers not only the political and military history of
that shifting and complex society but also the contributions of the economic and
social history of the Roman world to that change and growth and the intellectual
contexts of these developments. The team of contributors, all scholars at the
forefront of research in archaeology and history in the English-speaking world,
present in the eight volumes of the series an accessible and challenging account
of Rome across a millennium and a half of its expansion and transformation.
Each book stands on its own as a picture of the period it covers and together the
series aims to answer the fundamental question: what was Rome, and how did a
small city in central Italy become one of the most powerful and significant
entities in the history of the world?
John Richardson, General Editor
Acknowledgements
Once upon a time, it was my great privilege to read many of the literary texts
cited in this work in the company of David Potter, whose work has done so much
to illuminate the history of the third century. In preparing to write this book, I
returned for the first time in many years to Prophecy and History in the Crisis of
the Roman Empire and found it, if anything, an even more impressive
achievement than on first encounter. To David, my thanks.
The invitation to write this volume came from John Richardson, and it was
supervised at the Press by Carol MacDonald. Without John, it would not have
been written; and without Carol, it would not have been finished. I owe debts of
a different kind to Thomas Keith, who read the text and compiled the list of
works cited; to Kate Milco, who helped with the chronology; and to Bernhard
Palme, who solved various papyrological problems when I despaired of an
answer.
Formal acknowledgement for maps and photographs appears below, but as
many will appreciate, assembling even a limited program of maps and
illustrations requires aid and kindness that no such list can properly convey. For
permissions, assistance, photographs and friendship, I wish to express deep
gratitude to Matthew Canepa, Olivier Hekster, Andy Meadows, John Nicois,
David Potter, Richard Talbert and Brian Turner.
This book was written in July and August 2011 in Berkeley, California, in the
company of my son Theodore. We are grateful to Irma Reyna for her hospitality
and likewise to Ari Bryen for conversation and good cheer. Nor could we have
left Chicago behind without unshakeable confidence in Ruth’s infinite care for
cats.
My primary debt is to Theodore. It cannot be easy to watch someone else write
a book. He was nonetheless an ideal companion in writing, eating, shopping and
playing. I would not wish another such summer on him, but it was precious to
me.
Maps 1 and 2 are © 2011, Ancient World Mapping Center
(www.unc.edu/awmc). My thanks to Richard Talbert and Brian Turner for their
assistance with customization. Terrain depiction calculated from Environmental
Systems Research Institute. SRTM Shaded Relief, on ESRI Data & Maps 2006
[DVD-ROM]. Redlands, CA.
Maps 3 and 4 were provided by John Nicois and Olivier Hekster.
The figures not in the public domain include 1, which is reproduced with the
kind permission of Kelley Ross; 7, which was supplied by the Bildportal der
Kunstmuseen and is reproduced with its permission; 8 and 15, which were
supplied by the British Museum and are reproduced with its permission; 10 and
14, which were supplied by Matthew Canepa; 11, which is reproduced with the
permission of the Papyrology Collection, Graduate Library, University of
Michigan; and 12 and 13, which are reproduced with the permission of the
American Numismatic Society.
Abbreviations
Map 3 Military advances from Septimius Severus to Gordian III. Courtesy of John Niçois and Olivier
Hekster
Map 4 Military advances from Papienus to Diocletian. Courtesy of John Niçois and Olivier Hekster
CHAPTER 1
A critical century
I shall not here engage the questions of how great was the power, or what were
the means, whereby the emperor might in fact affect the lives of his subjects (but
cf. below, pp. 13–17, regarding the interpretive paradigm of “crisis” as applied to
this period). Up to a point, those questions are moot in this period, as the
problematic of war, foreign and civil, comes violently to the fore. But it also
bears remembering that the personality of the emperor looms large in ancient
evidence. This is naturally true of literature because of the conventions of
ancient historical narrative, which fixated on personality as a factor in history,
and also because the producers of literature generally sprang from the social
classes more proximate to the throne and more likely to be affected by the
idiosyncrasies of its occupant. But the person of the emperor was also an
important focus of religious practice, which reveals individuals and groups
throughout the empire to have conceived their own existential concerns as
somehow bound up with the fate of the emperor or, at times, with that of the
polity that he embodied and led. The question of the degree of their delusion in
so subscribing to an ideology of monarchic rule is largely beside the point: their
internalization of that ideology is a factor in history in its own right.
The Antonine empire – which is to say, the age that ended with Commodus but
included the reigns of Nerva, Trajan, Hadrian, Antoninus Pius and Marcus
Aurelius – occupied a special place in historical memory already in antiquity,
and again in the historiography of the Enlightenment and the modern world. This
was so in part because it was perceived to have been an age of uncommon
internal peace and stability. In consequence, demographic expansion and
productivity gains brought the Mediterranean world to a level of urbanism and
material and demographic prosperity that it would not see again for centuries,
indeed, in some areas for well over a millennium. What is more, the prosperity
of the empire in that age became an enduring theme of the laus imperii, the
praise of empire, in varied branches of imperial rhetoric. The Christian
Tertullian, for example, writing in North Africa at the start of our period, offered
the following reflection in an aside in a treatise entitled “On the Soul”:
Certainly the world itself is patently daily more cultivated and more built up than earlier. All places are now
accessible, all are known; all open to commerce; very pleasing farms have wiped from memory what were
once stricken wastelands; fields have conquered woods; herds have put wild beasts to flight; sands are
sown; rocks broken; marshes drained; and there are as many cities as there once were cottages. Islands no
longer arouse dread, nor do crags terrify. Everywhere is domestic life; everywhere the populace;
everywhere res publica (the state), everywhere life. (Tertullian, De anima 30.3)
The spread of human habitation, human flourishing itself, is here connected with
the spread of commerce and urbanism, and both are bound to a specifically
Roman ideal of republican life.
The other dominant theme in ancient and modern reflections on the Antonine
period concerns the nature of imperial rule. For a remarkable run – Trajan as
successor to Nerva, Hadrian to Trajan, and on down to Marcus Aurelius – the
succession had been determined not by dynastic means (or so runs the standard
claim), but by selection of the “best man.” Again, one might quote Gibbon: “The
true interest of an absolute monarch generally coincides with that of his people.
Their numbers, their wealth, their order, and their security, are the best and only
foundations of his real greatness; and were he totally devoid of virtue, prudence
might supply its place, and would dictate the same rule of conduct” (1:144);
even so, the “united reigns” of Nerva, Trajan, Hadrian, Antoninus and Marcus
were “possibly the only period in history in which the happiness of a great
people was the sole object of government” (1:101–2).
As it happens, Commodus the tyrant was the son of Marcus Aurelius, and
reflection on his case reveals two facts: first, for all his fame then and later,
Marcus seems never to have considered any possibility other than to surrender
the world into the despotic power of his errant child. Second, Marcus was in fact
the first ruler in all that long run to have had a child to whom he could give the
succession. In other words, selection of the “best man” had only been the default
when true dynastic succession, succession by blood, was not an option.
That said, emperors in the third century were able to secure stable successions
neither for their children nor for hand-picked successors. How had the system
worked in the second century such that it failed in the third?
As regards the stability and legitimacy of the imperial office, the dynamics of
imperial politics can be usefully reduced at the level of analysis to two stages:
how were emperors made in the first place, and how did they legitimize and
stabilize their position so as to discourage and delegitimize potential usurpers?
(The following remarks are not intended to be exhaustive. These are obviously
issues to which we shall often return.)
In the bluntest possible terms, emperors were made through victory in war,
which often enough meant war against rival Romans. When rulership was
contested, the contest was resolved by force. Reflecting in the early second
century AD upon the civil war that erupted after the death of Nero, Tacitus urged
that it had revealed a “secret of empire,” namely, that emperors could be made
elsewhere than Rome (Tacitus, Historiae 1.4: evulgato imperii arcano posse
principem alibi quam Romae fieri). He might more accurately have said that the
secret was revealed that emperors were made by armies, wherever those
happened to be. In reflecting on the process by which Augustus came to power,
for example, authors of the high Roman empire described him as victorious in a
sequence of civil wars in which other potential emperors had been eliminated
until Augustus alone was left standing. Servius, the late antique commentator on
Vergil, for example, in one place describes Augustus as victor in five civil wars:
against Antony at Mutina; against Lucius Antonius at Perusia; against Sextus
Pompey; against Brutus and Cassius; and against Antony and Cleopatra (ad
Georg. 4. 13). Elsewhere, when commenting on the phrase “grow accustomed to
war,” Servius describes the struggles of 49–31 BC as comprising seven separate
civil wars, three fought by Caesar and four by Augustus, omitting Mutina (ad
Aen. 6. 832).
That said, it was in virtually no one’s interest – except perhaps the army’s,
though it was crucially not a unitary body – to acknowledge this fact. Hence, in
the system negotiated by Augustus and consolidated through practice over
subsequent generations, two further repositories of social authority and political
legitimacy were brought into play: the citizen body and the Senate. The history
of these issues has been explored already in other volumes in this series. I will
therefore confine my remarks to select problems only.
First, Augustus and his successors described their office in numerous ways,
but in official contexts they were long careful not to describe it as an office at all.
Rather, they represented themselves as occupying a number of traditional offices
– or perhaps as holding the agglomerated powers of a number of traditional
offices – at the same time. Nor was this mere talk: the records of celebratory
sacrifices by the Arval Brethren, a priestly college of high-ranking Romans
whose cult site lay in the suburbs of Rome, reveal even emperors in the civil
wars of 69 to have arranged for their formal election to separate offices on
separate days. The ritual should of course be understood as part and parcel of the
Augustan effort to establish continuities between Republic and Principate. But it
should also be understood as symbolically locating sovereign power in electoral
processes to be conducted at Rome: armies might (illegally) depose an emperor,
but they could not choose one. In the judgment of Gibbon, “[Augustus] wished
to deceive the people by an image of civil liberty, and the armies by an image of
civil government.”3
Second, the emperors of the first two centuries AD worked hard to enhance the
authority and nominal powers of the Roman Senate.4 Most importantly,
emperors commencing with Augustus negotiated with the Senate certain
prerogatives in respect not only of their role in senatorial debate, but also of the
legality of their actions in matters of state. The history of this process is known
to us from perhaps the most famous of all Latin inscriptions, a bronze tablet that
preserves part of the law granting specific powers and privileges to Vespasian
now denominated (misleadingly) the lex de imperio Vespasiani (RS 39).5 Its
language and operation to one side, what it and kindred texts pointedly reveal is
the compromise struck between emperor and Senate, whereby the emperor
conceded publicly that the Senate was the final repository of authority in the
State (and hence able to grant and also to withhold powers from any given
candidate), which concession the Senate met by its own grant of virtually
unlimited power to just that candidate. Again, the effect was to rob mere
violence or military force – even victory – of decisionist power in contests for
the throne.
The collusion between emperor and Senate went farther still. The lex de
imperio Vespasiani itself gestures at this, insofar as true statutes conferring
power of command had not traditionally been crafted in the Senate. Across the
first two centuries, varied forms of political, judicial and legislative activity that
had once belonged to the people as a sovereign body, deliberating and voting in
the Forum, were transferred to the Senate. Again, this was a process in which
emperors colluded. Perhaps the most significant evidence of this process is an
inscription from the reign of Marcus Aurelius, publishing a response by Marcus
to a petition from the city of Miletus.
Having read your letter concerning the contest, we considered it our duty to address the sacred Senate in
order that it might grant you what you were asking. It was necessary to address it also concerning several
other matters. Since it did not ratify each of the proposals individually, but a senatus consultum (a decree of
the Senate) was passed concerning everything we said that day in common and collectively, the section of
the speech relevant to your request has been attached to this reply for your information.6
In formal terms, what had occurred was this: Marcus as emperor had been
granted the right to address the Senate first at any given meeting, and the
unrestricted right to make a motion. Under the Republic, addresses to the Senate
were followed by debate, after which a motion was crafted, and in consequence
of the motion, a decree. What is stunning about the inscription is that it records a
section of the speech made by Marcus, in which many issues were raised at one
go. What is more, the inscription reports that Marcus then made a single
omnibus motion regarding all the matters he had raised. In other words, the
entire process of consultation and deliberation on individual matters was
dropped, even as a formality. Marcus merely had to speak and the Senate voted.
The process had been shortened to its essentials: Marcus elevated the Senate by
asking its opinion, which gesture it acknowledged by concurring instantly and
absolutely. The foreshortening of the process was even concretized in the
language of the text, for the text does not possess the grammatical form of a
classical senatorial decree: it presents, rather, the oratio of Marcus. The
emperor’s speech before the Senate was thus assimilated to an authoritative
utterance of the Senate itself.
Nor was this pure charade, or charade without effect. The Roman Senate
achieved an empire-wide prominence in the first two centuries AD that it had not
had before in the days of its true power: it was under the Principate, and not the
Republic, that the Senate became the object of cult.
To speak in these terms risks giving a misleading impression of imperial
politics in a number of ways. Hence it must be emphasized that one should not
see even battles for the throne as a two-stage process, in which individuals first
nakedly employed violence and later deployed the justificatory tropes of
imperial apologetic. Contests for power were always contests for public opinion,
and in that arena a narrow range of principles of legitimacy were consistently
advanced, and chief among those at all times was blood relation to an earlier
emperor.
At this point we return to the paradox of the Antonine age. For all that people
praised the selection of the so-called best man over against dynastic succession
as more rational, more fair and more conducive to the common weal, over the
course of the first three centuries of monarchy, dynastic succession was simply
never questioned. Indeed, commencing already with Augustus and continuing
robustly into the Antonine age, the conventions of Roman practice with regard to
adoption were manipulated in such a way that the selection of a successor
outside one’s agnatic line was in fact realized through the adoption by the ruling
emperor of some adult as his son, simultaneously with legislative acts that
conferred upon that individual select or full imperial powers.
The army
Once upon a time, service in arms had been an essential duty of the citizen.
Indeed, Romans of the classical period imagined (more or less correctly) that the
institutions of the early Republic had in various respects echoed the structures of
the citizen body under arms. As a corollary, the army had in various periods been
understood as standing for, or existing in synedochic relation to, the citizen body
as sovereign within the state. How had it come to pass that the legions could not
claim – or could not regularly carry the claim – that the choice of monarch was
theirs to make in consequence of their status as an organized collective of
citizens under arms?
Rome had confronted this problem at length before, most notably during the
chaotic civil wars of the late Republic, and it had been one of the signal
achievements of Augustus to break, as far as one might, the ties of personal
loyalty and financial dependence that had bound legionaries to individual
dynasts in the late Republic. In so doing, Augustus forged a new social
consensus about the nature of public power and about the state’s monopoly on
legitimate violence, two issues on which earlier understandings had more or less
ruptured in the fall of the Republic. Crucially as regards the capacity of the
legions to become actors in politics, what Augustus produced was most
pointedly not a return to some republican status quo ante, in which soldiering
was a component of citizenship and all citizens were always potential soldiers.
Rather, the mechanisms that he developed – the institution of regular terms of
service, and the use of taxes to pay both salaries and discharge bonuses –
effectively sundered military service from the performance of citizenship. As a
result, the citizen became a civilian and soldiering became a career, while both
violence and the purveyors of violence became instruments of the state.
Taken together with the (apparent) formal requirement that imperial office be
endowed through election by purely civilian bodies, the system established by
Augustus effected a radical transposition, removing from the legions the
influence they had acquired under the triumvirate (however it be understood),
and locating the legitimacy of his office precisely in the operations of civil
society. By positing civilian corporate bodies as the final repositories of
authority in the state, Augustus and his successors sought to persuade potential
usurpers – and those who would support them – that neither assassination nor
revolt would earn the throne. Guilty of murder or treason, the usurper would
have to watch the Senate nominate and the people elect a man whose first
official act would be gratefully to execute his benefactor. In Edward Gibbon’s
view, it was this constitutional “distance” between military and civilian authority
that saved, as their proximity would later damn, the feeble or truculent men
whom fate placed on the throne (Gibbon, Decline and Fall 1:128).
This had further implications within a wider, imperial political culture, both
early in the Principate, when most provincials were legally alien and subject in
respect to Rome, and later, as more and more and eventually all became citizens.
In that broader perspective, the creation of a complex bureaucracy at the level of
the central state, mediated at the local level by the multiple instruments of tax
collection, nurtured a widespread understanding of the state as a depersonalized
institution whose primary role was the cultivation of social order within the
empire and peace with the powers without. The complex system of transfer
payments between center and periphery that enabled this system to work in turn
relied on the relatively high levels of commerce and monetization that were
themselves a product of Roman peace and imperial institutions.
Sources
I will introduce the more important individual sources as they are cited in the
text, and further information is supplied in the Guide to Further Reading. Here I
offer a characterization of the landscape only.
The chaos that prevailed in imperial politics in the period covered by this
volume is, alas, largely matched by the confusion and deficiencies of surviving
sources. One might find some marginal comfort in this condition by reflecting
that the writing of history, like all forms of cultural production, was affected by
the disruption that characterized this period. To that extent, the condition of our
sources would seem to confirm an interpretive position that views this century as
one of crisis (on which issue see the final section of this chapter, below). But it is
frankly little comfort to the student or historian who seeks order and
information.
The first decades covered by this work are, in fact, remarkably well
documented on multiple levels, and are notably well served by contemporary
historians, namely Cassius Dio and Herodian. But after the end of Herodian’s
narrative in 238, the situation is far more difficult. A number of continuous Latin
narratives of the period survive from the second half of the fourth century –
those by Aurelius Victor and Eutropius as well as the so-called Epitome de
Caesaribus and the Historia Augusta, to name the four most important – but
these all rely to a very great extent upon a single earlier narrative, now lost,
which was written in the mid-fourth century. Not only are we not well positioned
to assess its scope and reliability or investigate its sources, but its existence
means that the later Latin sources cannot be treated as autonomous from each
other, their “facts” weighed one against the other as though resting upon
independent sources of differing reliability.
This situation is made all the more complex by the fact that the Historia
Augusta is a work of satire, whose multiple targets include imperial politics as
well as the pretensions of literary culture, source criticism and imperial
biography. Like all great satire, the Historia Augusta works in part through the
careful cultivation of plausibility: where it does no harm or serves his purpose,
the author conveys much that is true. But the book is least reliable as a source of
information – if most interesting as an essay on politics – precisely when our
other sources fail, which is to say, exactly when we should like it to be true.
It should also be emphasized that at a very general level, the Greek and Latin
historical traditions for this period operate independently of each other. (Dio
made extensive use of Latin literary sources for events before his lifetime, but
less so for events to which he was witness.) That said, the Historia Augusta
made extensive use of Herodian, and the late antique historian of the Goths
Jordanes relates considerable information that is likely to have come from
Dexippus of Athens.
Most interestingly, we also possess for this century three oppositional voices,
for lack of a better word, of a kind lacking for much of Roman history. I refer to
the Ecclesiastical History of Eusebius (to which one might add the Christian
martyr acts), the eschatological thirteenth Sibylline Oracle, and the record of his
own achievements authored by Sapor, the second king of the Sasanian dynasty,
and preserved in a monumental trilingual inscription at Naqsh-e Rustam. In quite
different ways, each of these texts can and should be understood as occupying a
position of self-conscious ideological opposition to, and therefore also as
mirroring, authorized voices and genres in Roman imperial culture. Each also
supplies plausible information available from no other source.
To these one might add an extraordinary abundance of legal and documentary
sources, whether on stone or papyrus, as well as an abundance of coins – but the
volume of all these types of evidence too varies with the political stability of the
empire as a whole or, to be more precise, with the social and economic fortunes
of the regions in which they were produced.
The accession and death of Pertinax (December 31, 192–March 28, 193)
January 1 was a day heavy with meaning in the high Roman empire. It had
traditionally been – and it remained – the day when new consuls entered office,
in a pageant of religious ritual and political ceremony. As the eponymous
magistrates of the Roman year, the entry of the consuls into office continued to
structure Roman historical memory. Of course, the historian Tacitus had used the
conventions of consular dating to denounce as a charade the continuance of
republican offices within the reality of monarchy, but the system continued
regardless. The varied populations of Rome, Italy and the empire at large also
marked the new year with a series of political and religious vows – of loyalty to
the acts of the emperor and prayers for his health – distributed on the first and
third day of the month.
The emperor Commodus died – was poisoned and then strangled – after dinner
on December 31, 192. The historian and senator Cassius Dio was present in
Rome at the time, and represents the act as undertaken without a clear plan for
its aftermath. It was, rather, a desperate response to Commodus’ apparent
descent into total madness. Dio ends his narrative of the reign with a
conventional reckoning of the length of his life: “He had lived thirty-one years
and four months, and with him the dynasty of the genuine Aurelii came to an
end” (Dio–Xiphilinus, 73(72).22.6). As we shall see, the adjective “genuine”
gestures to a phenomenon Dio witnessed in the months and years to come,
namely, the effort by new emperors to legitimate themselves by retrospectively –
posthumously? – adopting themselves into the family of a predecessor.
Dio deserves a further word before we commence in earnest. A Greek from
Nicaea in the province of Bithynia, Dio entered the Roman Senate under
Commodus and held positions of authority and influence under nearly every
emperor until his death: he was designated praetor by Pertinax in spring 193
(which office Dio held in 194 or 195); he was suffect consul under Septimius
Severus in 205 or 206; and he held a series of offices under Alexander Severus –
as governor in Africa, 223/4; as legate in Dalmatia and then Pannonia at points
between 224 and 228 – before holding the ordinary consulate as partner to the
emperor himself in 229. Dio also spent time with Caracalla in Asia during the
latter’s tour of the east in 214/15. He was thus a remarkably well-placed
observer. He was also a diligent researcher: he claims to have spent ten years on
research and twelve years in the writing of his greatest work, a history of Rome
from the beginning to his own day (the exact end point is not known, but he does
refer to events during his consulate in 229). The work survives only in part:
several complete books survive (notably nearly all of books 36–60, covering the
years 68 BC to AD 47); and excerpts from the whole were quoted in compendia or
summarized in compressed histories and the like produced in Byzantium, and
many of those survive.1 In what follows, I shall indicate the source of the extract
(whether the epitome by Xiphilinus or some collection of quotations like the
Excerpta Valesiana) where it might possibly impinge on the relationship between
the wording used and the ipsissima verba of Dio himself. The material that does
survive reveals him to be an exceptionally clear-headed and percipient observer
of imperial government. As a Greek and a senator, he combined an insider’s
information with an outsider’s skepticism of specifically Roman pretensions.
If we are to believe Dio, those responsible for the death of Commodus had
acted so spontaneously that they had made no plan for his replacement. In the
event, they turned to Publius Helvius Pertinax, an elderly senator (born August
1, 126) who had led a remarkably varied career – principally on the military side
of things-under Antoninus Pius, Marcus Aurelius and Commodus. Indeed, there
is every reason to believe that all three factors played a role in his selection: he
was old, and so would not occupy the throne for long; his earlier career would
give him credibility with the army; and his association with Antoninus Pius and
Marcus would recall earlier, better days. Pertinax represented the establishment.
That said, the first act of the conspirators is telling: Pertinax went to the camp
of the Praetorian Guard and sought their approval, which came willingly enough
when he offered a donative of 12,000 sesterces a man. Only then did he return to
the city and address the Senate. “I have been named emperor by the soldiers,” he
began, after which he offered to resign and in so doing invited the Senate to
insist that he remain (Dio–Xiphilinus, 74[73].1.4).
The few actions attributed to Pertinax before his murder by the very soldiery
whose approval he had purchased suggest an ostentatious (and in large measure)
salutary effort to reverse and correct the excesses of the previous reign. The act
of the greatest immediate symbolic importance was the official condemnation of
Commodus’ memory, an act realized through the desecration of his images and
the defacing of his name on public monuments (SHA Pertinax 6.3; see also
Commodus 20.4–5). We are told that Pertinax found only a million sesterces in
the treasury, whereupon he held an auction of properties, luxury goods and
gladiatorial gear accumulated by Commodus (Dio–Xiphilinus, 73.5.4–5; SHA
Pertinax 7.8–9) – an action that both raised money and very publicly repudiated
the persona of his predecessor. He enacted a series of reforms of administrative
law and practice in two directions above all: securing private property rights
against the imperial purse on the one hand, and restoring and maintaining an
appropriate correlation between legal rank and social status on the other.2 (It was
a perpetual complaint against bad emperors that they created an atmosphere
favorable to, and betimes directly encouraged, the upending of social distinctions
between slaves and free, freedmen and patrons, lower and upper class, and so
forth.)
In the brief time available to him, Pertinax clearly devised policies for and
directed messages toward multiple constituencies: the Senate, the populace of
Rome (meaning especially the wealthy) and the army. With the last-named, he
failed. The brief narratives of his reign suggest ongoing tension with the
Praetorian Guard, which seems to have feared the imposition of an austerity
program. The Guard may have resented the death of Commodus and in
consequence distrusted whoever replaced him, or perhaps it simply remained
open to possibility: perhaps the soldiers felt they had settled for too little.
Whatever the cause, we are told that the Guard remained open to whispers of
rebellion, until some hundreds suddenly marched on the palace and slew
Pertinax on March 28, 193.
The historian Herodian, who lived and worked well outside the corridors of
power but who may have been an imperial functionary of equestrian rank,
observed of the reign of Pertinax: “As the report of his gentle rule traveled round
the peoples of the empire, including both subjects and allies, and round the
garrisons, they were all convinced that he ruled with divine authority”
(Herodian, 2.4.2). The remark raises complex issues regarding the nature of
communication under Rome, to which we shall return in greater depth when we
consider the rise of Septimius Severus. Here let it suffice to point out that “the
report” that “traveled round” was probably authored by, or at least for, Pertinax
himself. Cassius Dio, writing from the center, describes the reception by
governors in the provinces of what must have been a coordinated announcement
of the new reign: governors, fearing a trick designed by Commodus to test their
loyalty, imprisoned the messengers (Dio–Xiphilinus, 74(73).2.5).
In any event, Dio’s assessment of Pertinax’s reign is more measured and vastly
more astute:
Thus died Pertinax, having attempted to restore all things at one go. He did not recognize, although he was
most experienced in affairs, that it is impossible safely to correct a mass of things all at once, and that
restoration of political affairs in particular requires both time and wisdom. He lived sixty-seven years less
four months and three days, and he reigned eighty-seven days. (Dio–Xiphilinus, 74(73).10.3)
As had happened at the death of Nero, the death of Commodus and the collapse
of the Antonine “dynasty” revealed at an abstract level the peril and the cost of
never having instituted a mechanism of widespread acceptance for choosing a
new emperor. The ease with which Pertinax was killed – or Galba, or Otho, or
Vitellius, or many others yet to come – instead laid bare the hollowness of
popular sovereignty as an ongoing concern, and likewise of the Senate’s self-
interested constitutionalism. Absent a significant social consensus, there was no
reason for any and all constituencies not to hazard a claim upon a new and
unsettled emperor or, that failing, upon the throne.
That said, it will not do simply to indict the system. The peril needs to be
named: the soldiery was willing to use violence, and likewise to withhold it, for
a price; and there were men, nearly always commanders, willing to exploit that
venality. Nor does Pertinax deserve our sympathy: he knew the rules and had
played the game. (The judgment of Dio, that Pertinax did everything “a good
emperor should do,” speaks precisely to the conventional nature of the
expectations that governed an emperor’s entry into office [Dio–Xiphilinus,
(74)73.5.2].) Would Pertinax have survived longer, had he paid more? Or paid
again? The resources and skills that Pertinax was able to bring to bear were
simply insufficient. As always in Roman civil wars, others would go on paying
the price.
The soldiers selected Julianus but extracted from him a promise that he would
not kill Sulpicianus, and indeed, Sulpicianus survived Julianus by some years,
only (as it seems) to be killed by the victor in the next round of civil wars,
Septimius Severus, perhaps for having supported a rival candidate, Clodius
Albinus (Dio–Xiphilinus, 76[75].8.4).
Other than the rehabilitation of Commodus and execution of his assassins,
very nearly the only acts credited to Julianus between his accession on March
28, deposition on June 1 and death a day later are defensive ones, taken against
rivals. For nearly as soon as word can have reached the provinces, three generals
apparently declared their intent to seek the throne: Septimius Severus, governor
of Illyricum, on April 9; Clodius Albinus, governor of Britain, at about the same
time; and Pescennius Niger in Syria, on or around April 19. We are told that
Severus rapidly struck an alliance of convenience with Albinus, according to
which Albinus took the rank of Caesar, in subordination to Severus as Augustus
(Dio–Xiphilinus, 74[73].15.1–3). This left the latter free to march on Rome,
without fear of action in his rear. We are also told that Severus paid an
immediate and large donative to his soldiers – a remarkably naked act of bribery
and claim to power, since only the emperor could grant a donative (SHA Severus
5.2).
The publicity campaigns undertaken by Severus and Niger are notable for their
ideological foundations: Severus credited the legitimacy of Pertinax and the
mechanisms of his selection and accused the Praetorian Guard of illegality twice
over, first in murdering Pertinax and then in presuming to select Julianus.
(Before we accuse Severus of too great cynicism, one should know that Severus
had served under Pertinax when the latter was governor in Syria between 180
and 182.) Niger for his part put it forth that he had been summoned to rescue the
city and people of Rome:
Niger tried to win over his legionary commanders by telling them the news he was receiving from Rome
[namely, that the people were chanting his name in the Circus]. In so doing he intended the news to come to
the ears of the soldiers and the rest of the inhabitants of the eastern provinces … In this way Niger hoped
that no one would have any difficulty in supporting him, if they heard that he for his part was not making
some insidious bid for power, but going to assist the Romans in response to their call. (Herodian, 2.7.7–8)
As Niger later put it, in an address to his soldiers and the city of Antioch where
he was based: “It is not some trivial, vain hope that beckons me on, but the
Roman people, into whose hands the gods have given the sovereignty over all
things, including the office of emperor” (Herodian, 2.8.4).
As Severus marched into Italy and Niger prepared for the much longer and
more complex campaign he would have to undertake – a campaign pre-empted
by the swiftness of his rival – the situation in Rome collapsed. The farce of
March 28 had left the Guard and Julianus utterly co-dependent but without
legitimacy in the minds of others, at Rome or in the empire at large; and in the
face of mounting pressure, neither proved capable of commanding or trusting the
other, or anyone else, for that matter. Before Severus had crossed the Alps,
Julianus induced the Senate to declare Severus a public enemy, but by the time
Severus had reached Ravenna, the Senate openly disobeyed. According to Dio,
who was present in the Senate, Julianus tried to bargain and have Severus named
co-emperor. Meanwhile, Severus had written letters to the Guard: if they
surrendered the assassins of Pertinax and kept the peace (and did not resist
Severus as he approached), they would suffer no harm. Looking to their own
skins, they sent word of their acquiescence to the consul rather than the emperor
they had made. The Senate, delivered from fear, symbolically stripped Julianus
of power on June 1 and ordered his death, while voting the consecration of
Pertinax (Dio–Xiphilinus, 74[73].17).
Severus entered Rome on June 9 and remained there exactly one month. Even
before he formally entered the city, he confronted the Praetorian Guard, which,
conscious of its guilt and confronted by Severus’ veteran legions, met him at his
command unarmed and outside the city. He executed the murderers of Pertinax
and discharged the rest, without weapon or uniform; he then replaced the Guard,
which had long been composed of recruits primarily from Italy, wholesale with
men drawn from his own legions. To his legions as a whole, he also gave a
massive donative – perhaps under duress (Herodian, 2.14.5; SHA Severus 7.6–
7). Severus would surely have rewarded his troops; it was, as we have seen,
traditional, and we are told that the soldiery pressed their claim in just those
terms. But the narratives available to us imply that the money was hard to raise,
as surely it would have been, a massive donative having been paid from the
treasury already twice in six months. But Severus was himself under pressure: he
may have co-opted Clodius Albinus, but Niger remained – and we are told that
even as Niger received news from Rome and spread abroad his own versions of
that news, so too he was writing to Rome, offering to do what Severus had just
done, namely, arrive as emperor acclaimed by his troops, to rescue the state from
oppression (SHA Severus 6.8).
Needing to deal with Niger, Severus knew he had to leave not simply Albinus
in his rear, but Rome itself – and Rome remained important even in Severus’
own propaganda as the essential site where legitimate imperial power was
claimed, that claim was redeemed, and power was exercised. Severus needed to
ensure that the institutions of government at Rome – or, perhaps, key
constituencies at Rome – remained loyal.
His principal solution at the level of politics was to burnish his relations with
the Senate, and his means were twofold. First, Severus “promised such things as
the good emperors before had done,” most particularly that he would not execute
any senator without a trial before the Senate. (Dio observes in the same breath
that Severus soon broke this promise, and did so often [Dio–Xiphilinus,
75(74).2.1–2].)
The second act whereby Severus sought to cement his good relations with the
Senate, and to solidify his legitimacy more generally, was to rehabilitate Pertinax
and tie his own standing to his. The former he accomplished through a formal
consecration, carrying out in ritual the act the Senate had voted the week before
he arrived in Rome. This rite, which in formal terms declared the honorand to
have become – or been made – a god (or perhaps it might even be said that the
ritual declared no more than that the honorand was the object of the ritual:
Roman law operated with a deeply selfconscious understanding of the efficacy
of performative legal language) had become already under Augustus the means
whereby a dead emperor’s successor and survivors passed judgment on his reign.
As we have already seen, the negative option was condemnation of his memory.
Hence, the first act of a new reign was always the decision how to honor, slight
or condemn one’s predecessor – and hence, too, the sharp irony of Tacitus’ claim
regarding Tiberius that the first crime of the new reign was murder (Tacitus,
Ann. 1. 6.1). Dio’s description of the consecration of Pertinax is the fullest to
survive and deserves quotation in full:
Having established himself in rulership, Severus built a shrine to Pertinax and ordered that his name should
be invoked in all prayers and oaths, that a golden portrait of him should be led into the Circus on a chariot
pulled by elephants, and that three gilded thrones for him should be paraded into all other arenas. Although
he had been dead a long time, a funeral was held as follows:
A wooden platform was erected in the Roman forum by the marble rostra, and on it was set a shrine
without walls decorated with ivory and gold, and in it was placed a similarly fashioned couch. It was
surrounded by the heads of beasts from both land and sea and covered by cloths of purple and gold, and on
it was set an image of Pertinax, made of wax and dressed in triumphal robes, and a handsome boy chased
away the flies from it with peacock feathers, as if it were in fact sleeping.
The image lying there, Severus and we senators and our wives approached in mourning clothes; the
women then seated themselves under porticoes and we under the open sky. After this there was a procession
first of statues of all outstanding Romans of old, then a chorus of boys and men singing some hymn to
Pertinax. After that followed all the subject nations in the form of bronze images, dressed in native fashion,
and then the guilds of the city itself, those of the lictors and scribes and heralds and others of this sort. Then
came images of other men whom some deed or invention or conduct of life had made famous, and after
them the cavalry and foot-soldiers in armor, and race-horses, and the funeral offerings that the emperor and
we and our wives and the honorable equestrians and peoples and corporate bodies of the city had sent. A
gilded altar followed, decorated in ivory and Indian gems.
When these had passed, Severus mounted the rostrum and read a eulogy of Pertinax. We cried aloud
often during his address, now praising Pertinax and now lamenting him, but most of all when he finished.
Finally, as the couch was about to be moved, we all grieved and wept. The pontifices (a college of priests)
and magistrates, both those in office and those designated for the following year, accompanied it from the
platform, and they gave it to select equestrians to carry. The rest of us preceded it, some beating their
breasts and others playing the flute; the emperor came last; and thus we came to the Campus Martius.
There a three-story tower-like pyre had been erected, decorated with ivory and gold and statues, and at
its peak was a gilded chariot which Pertinax used to drive. The funeral offerings were placed within,
together with the couch, after which Severus and the relatives of Pertinax kissed the image.
The emperor ascended a tribunal and we the Senate – excepting the magistrates – mounted wooden
stands, in order to watch both safely and conveniently. Finally, the magistrates and the equestrians, decked
out in a fashion befitting them, together with the cavalry and foot-soldiers passed around the pyre,
performing maneuvers of both war and peace. Then the consuls hurled fire upon it. When this was done, an
eagle flew from it on high, and thus was Pertinax made immortal. (Dio–Xiphilinus, 75(74).5; see also
Herodian, 4.2, an equally full – but not first-person – description of the consecration of Severus)
During this visit to Rome, Severus also arranged that the Senate should vote him
the name Pertinax, which he appears in fact to have started using even before he
left Pannonia. That said, he did not go so far as to arrange a posthumous
adoption: he called himself “Severus Pertinax,” rather than “Severus divi filius,
Severus son of the god.”3 According to Herodian, it was also at this moment that
Severus authorized Clodius Albinus to strike coins in his own name – an
important token of legitimacy and, it might seem, a major concession (Herodian,
2.15.5). Indeed, coins displaying Albinus’ portrait and bearing the legend
“Decimus Clodius Septimius Albinus Caesar” were minted even at Rome, which
can only have happened with the permission of Severus,4 and the rank of Caesar
was attributed to Clodius on inscriptions in areas under Severus’ control (see,
e.g., ILS 414 from Rome and 415 from Africa Proconsularis).
The scripts enacted and deployed by Severus and his enablers in Senate and
army brought together in simultaneous articulation various truths – and various
kinds of truth – about the construction and nature of social and political power in
the high Roman empire. The assassinations of Commodus and Pertinax and
execution of Julianus (if so it be called) had cast into doubt the efficacy of the
traditional mechanisms for the legitimation of imperial power. Severus and
Niger might still deploy the tropes, and various interest groups might welcome
their doing so, but their effectiveness in restraining the license of the army and
thereby effacing the work of force and role of bribery in the making of emperors
was rapidly eroding.
Seemingly motivated by just these concerns, and unable because of
circumstance to arrange or invent an adoption (as Nerva and Trajan had done,
and Trajan and Hadrian, and so on), the emperors of 193 also experimented with
the legitimating power of the past. Of this, Severus proved the master. In
celebrating Pertinax, the legitimacy thus conferred upon a ruler so short-lived as
to be pure cipher rebounded upon Severus, and in this the Senate conspired, for
its own reasons. Nor was the policy meaningless in practice: clearly the Senate
preferred that Severus should honor Pertinax, when like Julianus he might have
followed Commodus. The one set a gentler precedent than the other. What is
more, the son of Pertinax survived and was brought forth as a token of
continuity, holding the consulate as suffect together with Caracalla in 212, only
to be killed by the self-same emperor in that very year.
By these means – the official removal of Julianus from office; the execution of
the murderers of Pertinax; the rehabilitation of Pertinax – the record of the
auction and the efficacy of sale were officially effaced as precedents. Their
erasure from memory was an altogether different story.
The Victory to which Severus refers is almost undoubtedly a golden statue of the
sort that Tripolis, in the account provided by Ammianus, sent to Valentinian as
its contribution of so-called “crown gold” on the occasion of his accession
(Ammianus, 28.6.7). Though the Aezanitae had clearly been informed about the
change in Caracalla’s status and mentioned that change in their decree, Severus
alone responded, indicating unsurprisingly once again that Caracalla did not yet
actively participate in the exercise of power (ILS 8805).
Severus waited to leave the east until he had certain news of the fall of
Byzantium, which had sided with Niger (perhaps from expediency) and held out
long against the forces of Severus (Dio–Xiphilinus, 75[74].14.1–2). The news of
his self-adoption into the Antonine house spread farther around the empire:
awareness of the consecration of Commodus is abundantly attested in
inscriptions during this year.18 Though coins from the mint at Rome prove that
Severus stopped in Rome in the winter of 196/7 prior to proceeding against
Albinus in Gaul, that visit has left no trace in our literary sources. The history of
Cassius Dio, whose narrative would no doubt have revealed much, is preserved
only in fragments for this period, and both Herodian and the Historia Augusta
depict Severus proceeding directly from the east to Gaul.19 It is significant, in
light of what was said before about Severus’ tailoring his self-presentation to
conform to constitutional niceties that would flatter the Roman Senate, that on a
dedication to Nerva that Severus made at Rome in the fall of 196 he did not use
the nomenclature that claimed Antonine ancestry and that is so abundantly
attested in other parts of the empire at just this time: he called Nerva his
“forefather,” atavus, a term that staked a much less direct claim to ancestry than
the official abnepos, “descendant,” and he designated himself merely L.
Septimius Severus Pius Pertinax Augustus (ILS 418).
The situation had clearly changed once again in Severus’ favor following the
defeat of Albinus. Severus sent the head of Albinus to Rome to be displayed on a
pole, along with a letter intimating the punishment of the friends of Albinus that
was to come. It may be that he informed the Senate officially of his wishes with
regard to his own adoption into the Antonine house and his desires for Caracalla
for the first time in this letter.20 The Senate, no doubt hoping to appease him
prior to his return to the imperial city, sent an embassy both to him and to
Antoninus Caesar, imperator destinatus.21 The creation of a title for Caracalla,
that of official successor to the throne, would be insulting if it had been officially
known to the Senate that Caracalla already shared in the imperial power. Having
declared Albinus an enemy of the state on his own initiative, Severus allowed his
soldiers to rejoice in their victorious Gallic campaign (ILS 1140 and 3029; AE
1914, 248). The authority of Severus and the new position of Caracalla are
firmly attested in a dedication from Lugdunum, the site of Albinus’ final defeat
on February 19: on May 4, 197, a group of local priests and priestesses in the
imperial cult vowed a taurobolium (a specific form of sacrifice of a bull) for the
health and safety of Imperator L. Septimius Severus Pius Pertinax Augustus, M.
Aurelius Antoninus Imperator destinatus, Julia Augusta mater castrorum, and
the whole of the domus divina (the ‘divine’ or imperial house), and for the
condition of their colony (ILS 4134).
It is during his narrative of the year 197, immediately following his description
of Severus’ mutilation of the body of Albinus and the sending of his head to
Rome, that Dio comments on Severus’ affiliation with the house of Marcus and
in particular on the praise the latter now bestowed on Commodus, in strong
contrast to the rhetoric adopted by Severus in the immediate aftermath of the
death of Pertinax. Dio casts his remarks in the first person plural, referring to
himself and his fellow senators:
It especially upset us that he described himself as the son of Marcus and brother of Commodus and that he
gave divine honors to Commodus, whom he had recently abused. Reading a speech to the Senate, and
praising the severity and cruelty of Sulla and Marius and Augustus as being safer, and denigrating the
gentleness of Pompey and Caesar as having been the bane of those men, he gave a speech of defense on
Commodus’ behalf in which he attacked the senate for having unjustly dishonored that man. (Dio–
Xiphilinus, 76[75].7.4–8.1)
Figure 2 The dedicatory inscription from the arch of Septimius Severus in the forum at Rome (Photograph:
Clifford Ando)
Figure 3 The north-west frieze of the arch of Septimius Severus in the forum at Rome (Photograph:
Clifford Ando)
Figure 4 The arch of Septimius Severus at Lepcis Magna (Photograph: David Gunn; public domain)
Figure 5 The theater at Lepcis Magna (Photograph: David Gunn; public domain)
Figure 6 The market at Lepcis Magna (Photograph: Sascha Coachman; public domain)
The years in Rome were notable as well for a drama at once domestic and
political. At nearly every step of his career, Severus had been assisted by a
boyhood friend from Lepcis Magna, Gaius Fulvius Plautianus, to whom Severus
may have been related through his mother. Severus made Plautianus prefect of
the guard in Rome in 195, and in 197 elevated him to praetorian prefect; and
Plautianus repaid this trust with loyal service in every war – against Niger and
Albinus and on both Parthian campaigns. In the years of peace Plautianus’ power
greatly increased, as he extended networks of patronage throughout the upper
classes at Rome and massively extended his reach into the imperial economy: his
position seemed to be cemented in 201 when his daughter Fulvia was engaged to
Caracalla, and the marriage was carried out in 202. The meaning of the marriage
tie was perceptible to all: an honorific inscription from Aquileia describes
Plautianus as “the intimate of our emperors, in-law and father-in-law of the
Augusti” (AE 1979, 294; see also HD018959, 021344 and elsewhere). But rival
interests within the imperial house began to turn against him, most importantly
Severus’ own brother and the savage Caracalla. In January 205, Plautianus was
denounced for having plotted against Severus and was murdered at Caracalla’s
command.
Thus this man, who was the most powerful of all people in my lifetime, such that all feared and trembled
more before him than before the emperors themselves, and who had been raised to still greater hopes, was
murdered by his son-in-law and tossed from the palace into the street, for only later was he carried away
and buried at the command of Severus. (Dio–Xiphilinus, 77[76].4)
Immense numbers of his adherents were caught up in his ruin, as occurred also
in the demise of Sejanus under Tiberius. Plautianus’ properties were so extensive
that a special procurator had to be appointed to locate and collect them (ILS 1370
= HD005839).
Dio asserts that Severus undertook the war in Britain merely to make war: to
give the legions and his sons something to do. Arriving in Britain in 208, he
lingered there for three years, venturing north into Scotland but achieving
nothing more than provoking sufficient resistance to justify venturing north
again. Dio’s narrative concentrates wholly on the growing enmity between
Caracalla and his brother Geta and the tension this produced between Caracalla
and Severus. (Dio also asserts, not wholly implausibly, that Caracalla openly
indicated his desire to murder them both.) Severus’ final instructions to his sons
– his very words, according to Dio – concentrated on just those problems: “Get
along with each other; enrich the soldiery; despise all others” (Dio–Xiphilinus,
77[76].15.2). Caracalla was unpersuaded and murdered his brother in their
mother’s arms. To that event, and to the lingering fate of the house of Severus,
we turn in the next chapter.
Dio’s obituary for Severus contains two facts at seeming odds with the general
tone of his narrative. First, Severus left the finances of the empire strong:
massively depleted by civil war upon his accession, the treasury contained a
substantial surplus at his death (Dio–Xiphilinus, 77[76].16.4). Second, as
emperor he spent every morning until midday judging legal disputes. And
indeed, though not strictly for his personal involvement alone, the age of Severus
and his dynasty looms large in the history of law, which topic will form the
subject of Chapter 4. But it should be noted already here that exercising
jurisdiction – holding court, hearing appeals, responding to petitions – was
throughout the history of Rome an absolutely essential function of the imperial
office, and the reign of Severus gives particularly rich evidence of the emperor’s
personal involvement, in the form of dozens of responses on papyrus, delivered
on the occasion of his visit to Egypt in 199–201.27
Commencing his narrative proper on January 1, 193, Gibbon regarded the
reign of Severus as a turning point in Roman power.
Till the reign of Severus, the virtue and even the good sense of the emperors had been distinguished by their
zeal or affected reverence for the senate, and by a tender regard to the nice frame of civil policy instituted
by Augustus. But the youth of Severus had been trained in the implicit obedience of camps, and his riper
years spent in the despotism of military command. His haughty and inflexible spirit could not discover, or
would not acknowledge, the advantage of preserving an intermediate power, however imaginary, between
the emperor and the army. He disdained to profess himself the servant of an assembly that detested his
person and trembled at his frown; he issued his commands, where his requests would have proved as
effectual; assumed the conduct and style of a sovereign and a conqueror, and exercised, without disguise,
the whole legislative, as well as the executive power. (Gibbon, Decline and Fall, 1:147)
The contemporaries of Severus, in the enjoyment of the peace and glory of his reign, forgave the cruelties
by which it had been introduced. Posterity, who experienced the fatal effects of his maxims and example,
justly considered him as the principal author of the decline of the Roman empire. (Gibbon, Decline and
Fall, 1:148)
Typically, Gibbon here insists that the importance of events was not necessarily
apparent to contemporaries, who regularly lacked percipience and in any event
did not see the effects of events even of their own lifetime. What is more, it is
important to recognize that Gibbon’s judgment is complex and qualitative:
Severus revealed the working of power relations among interest groups within
the state more nakedly than ever before; he more openly mocked or discounted
the discursive and institutional structure by which those relations had been
channeled, controlled and disguised.
Pursuing for a moment Gibbon’s line of analysis, we might note that like
Marcus Aurelius, Severus, too, cited the authority of the Senate in making law.
In a famous text preserved in several copies (not least bilingual ones), Severus
dressed down an inquirer for not knowing a decree of the Senate that forbade the
billeting of persons in the houses of senators without their permission:
Sacrae Litterae
You seem to us not to know the decree of the Senate in accordance with which, if you had consulted a legal
expert, you would know that it is not compulsory for a senator of the Roman people unwillingly to take in a
guest. Given on the day before the Kalends of June in Rome when Fabius Cilo (for the second time) and
Annius Libo were consuls (AD 204).28
What is striking about these texts is the heading, Sacrae Litterae, “Sacred
Letters,” which phrase marks out the text as an utterance of the emperor himself
(or, in this case, the emperors themselves). As we saw in Chapter 1, Marcus
Aurelius had, by contrast, taken great pains that even the form of his text should
respect the power of the Senate to make his proposal into law; and, what is more,
his wishes in that regard were to a point respected in its inscription in the
provinces. Without placing too great an emphasis on a single document (albeit
one extant in multiple copies), even provincials understood that power in the
Severan empire derived from the emperor alone.
1. Peter Michael Swan, The Augustan Succession: An Historical Commentary on Cassius Dio’s Roman
History, Books 55–56 (9 B.C.–A.D. 14) (New York: Oxford University Press, 2004), 36–8, 383–5 provides a
guide to the state of Dio’s text and its modern editions.
2. These are listed above all in SHA Pertinax 7–9.
3. Herodian, 2.10.1; SHA Pertinax 15.2. Coins: BM Coins, Rom. Emp. V, Wars of Succession nos 1–180
and 215–65.
4. On the coinage of Albinus, see Mattingly, BM Coins, Rom. Emp. V, lxxvii–lxxviii, lxxxv, and lxxxviii–
xci.
5. In addition to those already mentioned, another round of gifts followed the war with Albinus: Herodian,
3.8.4–5.
6. The suggestion of A. R. Birley, The African Emperor: Septimius Severus (2nd edition, London: Batsford,
1988), 115.
7. Tiberius Claudius Candidus was army commander in the Asian campaign (against Niger), in the Parthian
campaign (i.e., the first Parthian war) and in the Gallic campaign (against Albinus): ILS 1140. For Severus’
titulature in 195 see Zvi Rubin, Civil-War Propaganda and Historiography (Brussels: Revue d’Etudes
Latines, 1980), 205–9.
8. SHA Severus 9.9–11. He issued coins celebrating his acts in Rome: his arrival, a distribution to the public
and the celebration of games: BM Coins, Rom. Emp. V, Severus nos 595–8, 602–3 and RIC V.l Severus nos
73, 80, 81a–b and 91.
9. Data compiled by P. Kneissl, Die Siegestitulatur der römischen Kaiser (Göttingen: Vandenhoeck &
Ruprecht, 1969), 135–6, with supplements: (Parthicus) Arabicus (Parthicus) Adiabenicus with Imperator
V: ILS 417 (Africa); CIL VIII 4364 (Africa); CIL X 7272 (Sicily); ILTun. 613 (Africa); AE 1982, 817
(Pannonia Inferior); AE 1984, 373 (Italy–Umbria). Arabicus Adiabenicus with Imperator VI: IGRom. IV
672 (Phrygia); CIL VIII 9317 (Africa). Arabicus Adiabenicus with Imperator VII: CIL III 905 (Dacia); CIL
V 4868 (Cisalpine Gaul); CIL VIII 1333, 24004 (Africa); CIL XII 56 (Gallia Narbonensis); AE 1946, 202
(Spain); AE 1984, 919 (Syria). Arabicus Adiabenicus with Imperator VIII: CIL VIII 8835 (Africa); IGRom.
IV 566 (Phrygia). Definitely from 195 but without numeration of imperatorial acclamation is CIL III 14507
(cf. B. Lörincz, “C. Gabinius Barbarus Pompeianus, Statthalter von Moesia Superior,” ZPE 33 [1979], 157–
60), and very likely also AE 1983, 830 (from Dacia). On the evidence from Egypt, see P. Bureth, Les
titulatures impériales dans les papyrus, les ostraca, et les inscriptions d’Egypte: 30 a. C.–284 p. C.
(Brussels: Fondation Égyptologique Reine Élisabeth, 1964), 94. Kneissl also lists CIL VI 1026 (from
Rome), which contains the titles Arabicus Adiabenicus along with Imperator IIII; the stone is, I believe, no
longer extant, and it is very unlikely that Severus claimed these titles prior to the start of the Parthian
campaign.
10. Birley, African Emperor, 118 n. 23.
11. Senatorial control: R. J. A. Talbert, The Senate of Imperial Rome (Princeton: Princeton University Press,
1984), 364 n. 27. The continued role of the Senate, attributed directly to the reign of Severus: SHA Severus
9.9–11. The historical pattern, however, had long been that the army would acclaim the emperor as victor
and the emperor would in turn reward the army with a donative: J. B. Campbell, The Emperor and the
Roman Army, 31 B.C.-A.D. 235 (Oxford: Clarendon Press, 1984), 122–42.
12. Severus first hinted at his connection to Marcus in his autobiography (Dio–Xiphilinus, 75[74].3.1). For
Albinus as hostis publicus, see Herodian, 3.6.8, before Severus departed for the west.
13. Birley, African Emperor, 115–16.
14. D. Baharal, Victory of Propaganda. The Dynastic Aspect of the Imperial Propaganda of the Severi: The
Literary and Archaeological Evidence, A.D. 193–225 (Oxford: Tempus Reparatum, 1996), 20–33.
15. Dio, 76(75).7.4. See Mattingly, BM Coins, Rom. Emp. V, xciii: “There is not a hint of any attempt by
Septimius to win over the Senate. Even more than the people, it was secretly friendly to Albinus: had the
fortune of Septimius shown serious signs of wavering, it would have been quick to declare against him.”
The Historia Augusta insists that Severus announced the adoption during his return to the west in the spring
of 196, during a stop at Viminacium on the border between Dacia and Upper Moesia (SHA Severus 10.3).
16. J. Šašel, “Dolichenus-Heiligtum in Praetorium Latobicorum: Caracalla, Caesar, imperator destinatus,”
ZPE 50 (1983), 203–8, publishing a text from Praetorium Latobicorum. See also HD033021, from Africa
Proconsularis.
17. ILS 375, on which see P. Herrmann, “Eine Kaiserurkunde der Zeit Marc Aurels aus Milet,” MDAI(I) 25
(1975), 149–66 at 152–3.
18. J. Hasebroek, Untersuchungen zur Geschichte des Kaisers Septimius Severus (Heidelberg: C. Winter,
1921), 89 n. 4.
19. Mattingly, BM Coins, Rom. Emp. V, xcii–xciii; Birley, African Emperor, 123.
20. Herodian, 3.8.1. Dio–Xiphilinus, 76(75).5.3–8.4, alas, does not make it clear whether Severus’
announcement of his self-adoption and desires for Caracalla were contained in the same speech that he read
out to the Senate in the summer of 197, in which he ridiculed the clemency of Pompey and Caesar and
defended the memory of Commodus: see F. Millar, A Study of Cassius Dio (Oxford: Clarendon Press,
1964), 142.
21. The embassy is recorded on a dedication which narrates the career of one of the ambassadors, P. Porcius
Optatus (ILS 1143).
22. Zvi Rubin, “Dio, Herodian, and Severus’ second Parthian war,” Chiron 5 (1975), 419–41 at 436.
23. R. O. Fink, A. S. Hoey and W. F. Snyder, “The Feriale Duranum," YCIS 7 (1940), 1–222 at 77–81.
Trajan, too, had manipulated calendrical data for propagandistic reasons. He celebrated his birthday on
September 18, the day Domitian had died and Nerva had been promoted to the throne: “it would be a very
remarkable coincidence, if Trajan’s own birthday had actually fallen on that critical date” (Harold
Mattingly, “The imperial ‘vota’,” Proceedings of the British Academy 36 [1950], 155–95 at 183 n. 12).
24. J. Reynolds, Aphrodisias and Rome (London: Society for the Promotion of Roman Studies, 1982), no.
17.
25. Reynolds, Aphrodisias and Rome, no. 18.
26. The epigraphic records for all the Secular Games were collected and edited by G. B. Pighi, De ludis
saecularibus populi Romani Quiritium (Milan: Società Editrice Vita e Pensiero, 1941; reprint Amsterdam:
P. Schippers, 1965).
27. See esp. P. Apokrimata = SB 6.9526 = Oliver, nos 226–38. In general see Jean-Pierre Coriat, Le prince
législateur: La technique législative des Sévères et les méthodes de création du droit impérial à la fin du
principat (Rome: École française de Rome, 1997).
28. Thomas Drew-Bear, W. Eck and P. Herrmann, “Sacrae Litterae,” Chiron 7 (1977), 355–83; C. P. Jones,
“The Sacrae Litterae of 204: Two colonial copies,” Chiron 14 (1984), 93–9.
CHAPTER 3
Severus left the empire a paradoxical legacy. He had certainly not lost any wars
– the territorial integrity of the empire remained intact. What is more, at the
moment of his death, the empire’s finances were not obviously precarious.
And yet, it might also be said that he had planted the seeds of its (short– and
medium–term) ruin. The dynasty that he established was incompetent. His
subversion of an earlier balance between interest groups grossly increased the
power in politics of army units and their commanders and accelerated the
increase in cost of maintaining the army overall. Finally, his exploitation of a
declining Parthian empire for domestic political gain sowed the seeds of a
disastrous antagonism with its successor in the east. The instability of the Roman
empire in the third century is due in no small measure to the repeated disasters it
suffered on the eastern front, which claimed vast numbers of lives and stores of
money and sapped legitimacy and prestige from the imperial system as a whole.
As news trickled in through fugitives from the palace and the guard became
restive, Caracalla offered a massive donative and, according to Herodian,
authorized the soldiers to seize it themselves from the treasuries. “The soldiers
saluted him as sole emperor and declared Geta a public enemy” (4.4.7).
Although Dio was better positioned to know the details, his intense (and fully
justified) hatred of Caracalla concentrates overly much on Caracalla’s
pathological co-dependency on the legions, and theirs on him. This may in fact
have been appropriate as an interpretive position with regard to Caracalla’s reign
as a whole, but one wants to know the very words by which Caracalla made this
dependency explicit:
Although it was evening, Caracalla seized control of the legions [near Rome], crying the whole way as if he
had been the object of a plot and in danger. Reaching the wall of the camp, he said, “Rejoice, fellow–
soldiers: for now I am able to do well by you.” Then, before they heard all that had happened, he stopped
their mouths with so many and so great promises that they could neither plan nor speak proper pieties for
the deceased. “I am one of you,” he said, “and for you alone I am willing to go on living, so that I might
grant you many things. For all the treasuries are yours.” (Dio–Xiphilinus, 78(77).3.1–2)
Second, Caracalla decided to amplify the scope of the religious act by enlarging
the community embraced by his command, and so granted citizenship to nearly
all free residents of the empire. To that remarkable act we now turn.
Figure 7 A tondo of the Severan period, probably Egyptian. It once depicted Geta and Caracalla standing
before Julia Domna and Septimius Severus, but Geta’s face has been rubbed out. Antikensammlung Berlin
inv. 31329 (Photograph: Bildportal der Kunstmuseen, reproduced with permission)
Figure 8 An altar, now in the British Museum, whose inscription was mutilated to efface Geta’s name
(Photograph: British Museum, reproduced with permission)
Imperator Caesar Marcus Aurelius Augustus Antoninus Pius says: [- - - - -] rather [- - - - - -] the causes and
the considerations [- - - - -] I might give thanks to the immortal gods because they preserved me [from so]
great [a conspiracy]. Therefore, believing that I would be able to respond [with piety and grandeur?]
appropriate to their greatness if I were to lead [to the temples of the gods] [all those] now among my people,
and as many as shall come into that number, I give Roman c[itizen]ship to all those dwelling under my rule,
with [the rights of their communit]ies <upon them> remaining unimpaired, excepting only the […]. (PGiss.
40 = Oliver, no. 260)
The major difficulty raised by the papyrus derives not from this text, but from
the position of this edict within the papyrus itself. In its present form, it collects
three edicts by Caracalla, which appear to be in chronological order – but the
sequence is only three items long, and several known edicts of Caracalla from
just this period are not found on it.4 If the items are not in chronological order, a
strong argument for a very specific date in 212 fails, and if that is so, the
conspiracy might not have been Geta’s, or the appropriate restoration might not
be “conspiracy” at all. Outside some well–worn anecdotes, the next three years
of Caracalla’s life are poorly known, beyond the fact that he campaigned in
Germany and traveled to the east. What are the perils, real or imagined, that he
might have suffered in that period? (A second difficulty concerns the exception
in the last line, which would appear to have bracketed two groups of persons
from the grant of citizenship: foreigners who had surrendered themselves in war,
as well as freed slaves found guilty of certain crimes. In a fashion typical of
Roman law, the latter had once needed to be classified and assigned rights before
the law and had been lumped in with a group and under a title – dediticii,
“foreigners who had surrendered in war” – with whom they had nothing in
common.)
That said, the social-historical consequences of an act can be analyzed
independently from any reconstruction of its motivation or the specific context
of its performance.5 Indeed, Caracalla need not have considered or even
imagined what the consequences of his act might be. These were complex.
Because understanding the legal ramifications of the universal grant of
citizenship requires considerable supplementary exposition, Chapter 4 considers
the Antonine Constitution as a moment in legal history on its own. Here I
concentrate on two aspects: the intelligibility of his act as he describes it,
namely, as an act in the religious sphere; and the tracing of its effects in space,
time and across sectors of the population.
Commencing perhaps in the mid–Republic, Roman religion drew an important
distinction between public and private, for which their terms were publicus and
privatus. (Some such distinction had no doubt existed before, but one does get a
sense of its emergence as an officially sanctioned distinction, in what becomes a
stable form, in perhaps the third or more likely the second century BC.) But we
must not be misled by the fact of etymological ancestry into assuming that our
terms map onto their terms and hence that our distinction maps onto theirs. For
them, “public” meant of and for the citizen body, no more, no less. Hence
“public rites,” “the rites of the Roman people,” those rites conducted by
magistrates, were performed on behalf of the citizen body as a whole, and, as a
corollary, all citizens as individuals were understood to assent to those rites and,
by synecdochic representation, to participate in them.6 This was as fundamental
a feature of Roman religion as individual assent to law was to citizenship. One
could not choose on a case-by-case basis whether to obey a law, even if one had
voted against it. No more with religion. Indeed, the example of assent to law, and
honoring of legal language and form, was explicitly cited by the Romans as
capturing the nature of communal religious life: in this respect, and with this
precise meaning, they even described the gods of Rome as their fellow citizens.7
There were, of course, numerous special occasions on which it was felt
insufficient to allow magistrates to perform rites on behalf of the people. In some
cases – the early lectisternia (rites at which gods were feasted), for example
(Livy, 5.13.5–8) – it was officially enjoined that all households should perform
rites in fractal relation to the public ones. Far the most common such was the
supplicatio, a rite of supplication or propitiation in response to an ominous sign.8
On other occasions, individuals and groups appear spontaneously to have
performed their own rites, of whatever form, in harmony of sentiment with
public rites. Here, thanksgivings celebrated on the occasion of Augustus’ safe
return to Rome, or the saving of the city from some danger, or prayers for the
emperor’s health, might be cited.9 But the issue of actual material participation at
the level of the individual, however important within some frameworks of
historical inquiry, is wholly separable from the ideological and (one might say)
doctrinal issue, of fundamental importance, that public religious acts embraced
all citizens, and only citizens.
Here it would be worth emphasizing that classical Latin developed no term for
“pagan” as a marker for self-identification among participants in Roman public
cult. This was because the term “Roman” when applied to persons in its proper
usage meant absolutely and necessarily “Roman citizen,” and all citizens were
religiously Roman. (Hence, in the passage of Dio quoted below [p. 58], the
phrase “[Caracalla] made everyone … Roman” means exactly the same thing as
“Caracalla gave everyone Roman citizenship.” It does not mean he made them
culturally Roman, or made them more Roman by changing their dress or system
of education or some such. Again, in legalitarian usage, there were no degrees of
Romanness. There were no degrees of citizenship – only differential protections
and entailments.)
Within this framework, Caracalla’s assertion that his salvation from danger
merited thanksgiving, and further an act of thanksgiving amplified by actual
participation by all citizens, and that such an act would be further amplified by
an increase in the number of citizens, is fully intelligible and wholly
unsurprising.
Tracing the effects of the Antonine Constitution in social relations is rather
more difficult. Here, scholars depend almost entirely on two bodies of evidence:
personal legal documents, almost exclusively on papyrus, which testify to
changes in the private law framework of social and economic relations among
formerly non-Roman peoples; and nomenclature. Roman names were distinctive
within the Mediterranean world. This was true, up to a point, insofar as they
were Latin, but Latinity was neither necessary nor sufficient to make a name
Roman. As a legal matter, Roman names had (at least) three parts – praenomen,
nomen, cognomen – while most other systems of personal names in the ancient
Mediterranean had two, very often a personal name and a patronymic (of the
form “X son of Y”). It was traditional for aliens who received Roman citizenship
through the patronage of a particular Roman to take the nomen of that individual.
There survive from the first two decades of the third century two sets of
documents from which one can make a systematic study of changes in
nomenclature: both are rosters of military units, one (from Rome) containing
tens of names, the other (from Syria) hundreds. Both suggest massive change: in
each case, units that contained a majority of non-Roman names before 212
display, by late 213 or 214, a huge preponderance of “Aurelii,” which is to say,
new citizens who took the nomen of Caracalla.10 A handful of further epigraphic
and papyrological texts bear witness to such changes, not in a systematic way
like the military rosters, but often (and spectacularly) with very precise dates.11
Taken together, these suggest a remarkable reception – and remarkable publicity
– for the Constitution; recursively, they help to pinpoint the date of the
Constitution as absolutely no later than January 213.
Although Dio elsewhere displays real knowledge of the mechanics of rule, and a
deep understanding of imperial politics, here his interest lies solely in
substantiating an indictment of Caracalla for irrational greed. Indeed, a startling
number of the bons mots attributed by Dio to Caracalla concern his desire to ruin
everyone else and give to the army: “No one in the world but I should have
money, so that I might give it to the soldiers” (Dio–Xiphilinus, 78[77].10.4). (In
fairness, in so acting Caracalla did honor two of the three final commands of his
father: see p. 45.) In reflecting on the role of an emperor’s relations with the
governing class in particular in shaping a literary legacy, one would do well to
mark in this passage the sheer number of firstperson verbs. “We” refers to men
of the senatorial class, not all Romans. Dio does not approve of financial
mismanagement, but he feels special indignation for the abuse of himself and his
peers.
More broadly, one should take note of three further aspects of this text, two of
general significance, one of more narrow relevance. First, Dio’s complaint with
respect to crown gold confirms two related claims advanced with regard to
crown gold in Chapter 2: it was potentially a source of great revenue, and it was
so only so long as emperors communicated with their subjects.12 Second, like his
father, Caracalla spent much of his reign on the move. Chapter 2 emphasized the
ability of provincials to communicate with the emperor despite this fact. Dio’s
complaint draws attention to two further aspects of the emperor’s travel (to both
of which we shall return): it was very expensive (even when the emperor was not
insane), and, because of the number of troops, administrators and hangers-on
involved, it presented enormous logistical challenges. Even if the emperor did
not require gladiators or exotic animals for combat, in an era without
refrigeration, assembling the requisite volume of food for a sudden increase in
local population was difficult and burdensome under the best of circumstances.
Finally, Dio’s inclination to view all of Caracalla’s actions through the lens of
fiscal malfeasance serves him ill when he turns to the citizenship decree. The
emperor had all manner of means for raising revenue, and of course could
impose any tax he wanted on Romans and non-Romans alike. The idea that
Caracalla had to give citizenship to the subject populations – to make them
Roman – in order to render them liable to a tax he might have extended without
so doing strains credulity.
Caracalla left Rome to campaign in Germany in 213: on October 6 of that year,
a priestly college at Rome celebrated the arrival of news of an imperial victory
(CFA no. 99a, ll. 22–9). The following year he departed for the east, traveling
overland in order to visit the Danubian provinces. Dio was in the east at this time
and reports on Caracalla’s goings-on in detail: his quoting of poetry during a
visit to Pergamum; sacrifices at the tomb of Achilles at Troy; gladiatorial games
in Nicomedia where he wintered.13 And all the while, preparations went on for
an expedition against Armenia and Parthia: these encompassed actions both
serious and costly (the building of siege engines and gathering of supplies; the
military rosters preserved at Dura show greatly heightened recruitment) and
idiotic and vainglorious (Caracalla indulged his fascination with Alexander the
Great by training some soldiers to mimic the Macedonian phalanx; the gesture
may have seemed particularly appropriate in a campaign against an empire in the
east).
Caracalla passed south and north along the Syrian coast between 215 and 216,
visiting Egypt along the way. There, under circumstances that remain obscure,
he ordered a massacre of the local population of Alexandria. The cause seems to
have been some display of disrespect – inappropriate jeering, perhaps. (Similar
episodes are known from Rome in the early empire and from Antioch and
Constantinople in late antiquity: the emperor Julian’s bitter satire “The Beard-
Hater” was directed at the population of Antioch in response to one such
occasion.) But Caracalla did not write a pamphlet in response, or impose
punishing taxes, or reduce the city’s legal status. He loosed the army. Exactly
what happened is not clear. Dio disdains to describe the slaughter itself or its
mechanics but revels in attendant details, including the valuable aside that
Caracalla allowed resident foreigners to leave the city before the massacre began
(Dio–Xiphilinus, 78[77].22–3). According to Herodian, Caracalla announced the
formation of a special army unit in honor of Alexander the Great, to be recruited
from the city he had founded: having arranged all the young men in the city in
rows for inspection, he directed the army to kill them all (Herodian, 4.9.4–8).
Caracalla’s return journey from Egypt to Antioch is notable for an event that
was in some sense wholly typical: the emperor supervised a judicial proceeding.
The case concerned a temple in the village of Dmeir in the region of Rif
Dimaschq in south-western Syria, where a remarkable inscription was erected in
commemoration of the event. The case was heard at Antioch on May 27, 216: it
arose from a dispute between a local tribe, the Goharieni, who were represented
by a “defender of their interests,” an Aurelius with a Semitic name, and, on the
other side, a tax collector, apparently over the status of some temple lands. (A
very great deal of the law on religion from the ancient world – and the modern –
arises from disputes over the tax-free status of lands owned by religious
properties: it is in that context that Roman legal institutions were forced to
confront the question whether some religion was a real religion, or whether its
god was a real god.) Much of the surviving text concentrates not on the
substantive issue under dispute, however, but the question of what the
appropriate venue for the case should be.
The inscription itself is notable for two related reasons.14 First, it presents the
case in the form not of a summary or even full quotation of the judgment alone –
which would have been normal in epigraphic records – but in the costlier,
lengthier form of a verbatim transcript of the proceedings. Second, the text is
bilingual: but again, it does not conform to standard patterns. For example, it
does not present parallel Greek and Latin texts (common enough in antiquity).
Rather, the protocols of the text – the heading and dating formula, the
announcement of the occasion and record of participants – are all in Latin, while
the words of the participants are recorded in Greek. Indeed, even the notations of
a change in speaker: “Lollianus said,” “Antoninus said,” are in Latin, but what
follows is in Greek. (It is only fair to observe that Caracalla’s interventions are
wholly apposite and clearly formulated.)
The form of the text may have been unusual for an inscription. The transcript
of a proceeding was, however, a fundamental genre of administrative record
within Roman government. We will see in Chapter 4 that the emperor Antoninus
Pius when governor of Asia required local officials to keep transcripts of
interrogations whenever cases were likely subsequently to come before a Roman
governor. Chapter 6 will take up the broader cultural significance of the use of
Roman forms by non-Roman or non-governmental organizations, not least
Christian communities. Here let it suffice to observe that while the language of
conversation in Antioch was Greek, Latin was the language of Roman
government, and the use of Latin on the inscription was part and parcel of those
formal aspects of the text that endowed it – and the decision it recorded – with
enduring legitimacy.
The rest of Caracalla’s life was consumed with military posturing on the
eastern frontier. Considered in isolation, some of this activity was wholly
traditional. The frontier zone between Rome and Parthia had long been filled by
assorted buffer states of varying stability, size and longevity – Armenia,
Osrhoene, Hatra and so forth – and the great game of foreign relations between
Rome and Parthia had long consisted in minor contests over the right to place
one’s candidate on the throne of those kingdoms. Vologaeses the king of Parthia
had died in 208, and the succession had been contested between 208 and 213
between two of his sons, Vologaeses and Artabanus. (The contest served to
weaken the already diminished Arsacid house, which in turn allowed Ardashir,
ruler of the breakaway province of Fars, to consolidate his control there. To his
story we shall return.) Such contests for succession were also traditional
moments for outside interference and the renegotiation of status markers, and
these were largely the terms in which Caracalla justified his campaign to the
Senate (Dio–Xiphilinus, 78[77].12.3–5, 78[77].19; Dio–Excerpta Valesiana,
78[77].21).
But in the longer trajectory, Caracalla’s actions in the east and interference in
Parthian affairs contributed to a broader destabilization of the Arsacid house and
reorientation of Roman relations with its eastern neighbor. The annexation of
new territories in the middle Euphrates by Severus had, in essence, removed the
traditional buffers between Rome and Parthia. This was bad enough, but it was
perceived on the Parthian and Persian side as an unjustified encroachment on
tradition. (The eastern campaigns of Trajan had done much the same, but
Hadrian had had the wisdom to abandon the territories annexed by Trajan
immediately after Trajan’s death.) Led on by the hubris and idiocy of Severus
and Caracalla, the Romans opened the question of what the boundary between
Rome and the empire to the east should be. They would soon wish they had not
done so.
Caracalla never returned from his eastern campaign. On April 8, 218, while on
the march from Edessa to Carrhae, Caracalla took to the bushes “to satisfy the
needs of nature.” There he was killed, in suitable ignominy but not soon enough,
by one Julius Martialis, a soldier attached to the Praetorian Guard. The weakness
of the Senate – its paralysis in the face of the contest for power that followed –
left Caracalla for a time in limbo, neither officially consecrated nor officially
condemned.15
This tendency to freight Severus Alexander with hopes that he could not
possibly fulfill was then exacerbated in the aftermath by the chaos and
unpleasantness that followed.
The enormously positive judgment accorded Severus Alexander arises largely
from an effect of his youth, namely, that he proved exceedingly easy to
manipulate. This might of course have been a disaster, but as it happens his
mother and grandmother collaborated with a number of experienced, high–
ranking officials to usher in a period of approximately sane administration.
(Many of those officials had held high office under Severus: thus, though they
had ties to the family, it was to a more responsible age, but also, in the eyes of
the army, a less generous one.) The problem for modern historians is that ancient
accounts of his reign were crafted in light of just those long-standing
expectations that produced statements of the sort we have already quoted: the
new emperor did all those things “a good emperor should do”; all things
unfolded “as is customary when such things happen.” Favorable judgments were
issued in accordance with the fulfillment of such expectations, and those
expectations were fulfilled because Alexander’s mother and grandmother
delivered power into the hands of such men as subsequently wrote the major
sources of the period. As a result, outside foreign affairs, where by definition
exogenous agency can dictate the course of events, the reign of Alexander is
nearly unnarratable.19
Allow me therefore to deliver a pair of contrasting remarks on the nature of
government under Alexander before turning to foreign affairs.
Alexander needed to establish a firm break with his predecessors along a
number of axes, not least the rationality and fairness of financial administration
and the abuse of foreign policy toward that end. We can see him making such a
break immediately after his accession on precisely a policy and practice abused
by Caracalla, namely, crown gold. (Not coincidentally, the topic obsessed
Cassius Dio.) The break with prior practice was announced by an edict, a copy
of which is preserved on a papyrus from the Fayum:
Imperator Caesar Marcus Aurelius Severus Alexander proclaims:
… in order that communities not be compelled to make contributions greater than they can afford through
their desire to express joy at my entering into rule. Hence arises this plan of mine, in designing which I did
not lack for precedents, among whom I will be imitating especially Trajan and Marcus, my ancestors,
emperors most worthy of admiration, whose practice in other respects, too, I plan to emulate.
If the state of the public finances did not interfere, I would make a clearer display of magnanimity and
would not hesitate to cancel whatever contributions of this type [i.e., crown gold] were still coming in,
being owed from the past, and to cancel as well any monies for crowns that were voted in connection with
my elevation as Caesar, or were yet to be voted upon … But because of what I mentioned just now, I do not
think this will be possible.
Alexander hits all the standard talking points, not least in his invocation of the
canonically good emperors Trajan and Marcus Aurelius. To the larger issue
toward which he gestures, namely, the reform of provincial government through
his own example, we will turn in Chapter 10.
That said, ancient narratives of Alexander’s reign also betray the yawning
chasm that had opened up between the notional location of sovereign authority
in a duly appointed ruler and the license of the soldiery – a chasm that an
emperor still on the threshold of puberty was hardly fit to bridge. Most famously,
Elagabalus and Alexander had nominated as praetorian prefect for 222 the
remarkable jurist Domitius Ulpianus. His relations with the Praetorian Guard
rapidly deteriorated: he apparently put to death commanders popular with the
guard, and, in circumstances that remain wholly obscure, fights broke out
between the Guard and the population of the city. The Guard came off worse and
had its revenge first by setting fire to portions of Rome and then by attacking
Ulpian, and though the prefect fled to the emperor’s palace, the Guard attacked
him in front of the emperor and Julia Maesa and cut him down. The emperor’s
authority was so weak that he was unable to punish the chief instigator, one
Epagathus, except by nominally promoting him to the prefecture of Egypt and
only executing him away from Rome (Dio–Xiphilinus, 80[80].2.2–4).
Finally, Alexander’s reign also witnessed the rise of a new power in the east –
the establishment of a new empire, on the shoulders of a new religion – upon the
ruins of the Arsacid house. The story of Rome’s confrontation with the new
Sasanian empire, and in particular its wars with the founder of that empire and
his son, Ardashir and Sapor, will run in counterpoint through nearly the whole
remaining narrative of this volume. We will devote some time to general
considerations regarding Rome and its neighbors in Chapter 5. Here let us
examine the rise of Ardashir only so far as necessary to bring Alexander to the
east, where his military failures fatally undermined his capacity to rule and led
rapidly to his overthrow in 235.
The regions traditionally embraced by empires of the Fertile Crescent present
several fundamental contrasts with those of the Mediterranean. In particular, the
dependence of the former on land-based technologies of transport and
communication – to say nothing of the alternation of vastly fertile plains with
inhospitable highlands, mountains and deserts – presented formidable challenges
to governance. In consequence, the empires of Iran had long surrendered vastly
greater autonomy to regional governors (whatever their title) than was traditional
at Rome; the dynamics of relations between those governors and regional
aristocracies played a greater role in imperial history; and Iranian ideologies of
imperial rule had, at least in the past, sustained correspondingly articulated
visions of imperial culture and imperial power.
As we have already seen, the Parthian empire was distracted in 208 by a war
of succession for the Arsacid throne. The fight between Artabanus and
Vologaeses did more, however, than provide an opening for Caracalla. More
importantly, their distraction seems to have provided an opening for an
ambitious local dynast, Ardashir of the province of Fars (or Persia), to bring to
heel the other powers of his province and then to declare a break with Arsacid
overlordship. The chronology of these events is deeply unclear: the evidence
consists of very much later narratives, in a bewildering variety of languages,
which themselves rely on sources of dubious accuracy, together with a simply
remarkable series of monumental relief sculptures and inscriptions erected by
Ardashir and his son Sapor.20
Nonetheless, what is clear is that by 224, Ardashir had advanced beyond the
province of Fars and engineered a confrontation with Artabanus, which was
resolved in an unknown number of battles with the complete overthrow of the
centralized power of the Arsacid house. Ardashir celebrated this victory by
granting himself the traditional Persian title “King of Kings” and commemorated
the moment with reliefs that endowed the event with a cosmic significance. In
the image from Naqsh-e Rustam, for example, Ardashir receives his crown and
right to rule directly from the god Ahura Mazda (Figure 9). They face each other
on horseback; they are larger than all other figures but equal in size to each
other. Each tramples a defeated enemy under foot: Ardashir crushes Artabanus;
Ahura Mazda, Ahriman (Zoroastrianism’s “demon of demons”). As Ahura
Mazda destroys evil and restores order on a cosmic plane, so Ardashir his
servant restores order on earth. The text inscribed with the image – which just
might have been added by Ardashir’s son, Sapor – reads: “This is the visage of
the Mazda-worshipping lord Ardashir, the King of Kings of Iran, who is of the
radiant image of gods, son of the lord Papag, the king.”21
In point of fact, the victory over Artabanus in 224 may have given Ardashir
control over the Iranian heartland, but virtually all the perimeter of the empire
was openly rebellious, including a string of principalities along its western
border with Rome, not least Hatra, Media and Armenia. Ardashir ruled for
another sixteen years, and a significant portion of his campaigns over that period
was directed toward consolidating control over his own empire and subduing by
whatever means remnants of the Arsacid house and its allies. What is more, the
Sasanian empire had long and complex borders to both north and east, along
which there was nearly continuous pressure. In short, we should not make the
mistake of assuming that Ardashir (or his son Sapor) had foreign policy
considerations foremost in his mind at all times or, for that matter, that Rome
was central even when they were. These caveats should be kept in mind
whenever we turn to the eastern frontier.
Figure 9 The commemoration in relief of the investiture of Ardashir by Ahura Mazda at Naqsh–e Rustam
(Photograph: Photo Ginolerhino 2002; public domain)
Ardashir’s campaigns in the west of his empire in 226/7 and beyond registered
with ever increasing urgency among Rome’s eastern provinces. Virtually the last
information Dio relates before he left Rome in 229 concerns information
arriving in Rome from the east: first, the new king of Persia, Artaxerxes (as the
Roman tradition termed the region and its king), was determined to reconquer all
the regions once held by Persia, as far as the shores of the Mediterranean; and
second, the region was in disarray from fear of invasion, while the local legions
grew restive and those in Mesopotamia had slain their commander (Dio–
Xiphilinus, 80[80].4; Herodian similarly dates the arrival of news about the
change in rulership in the east and reports the same rumor about his intentions,
6.2.1–2).22
The sources for the next events are defective, but when Ardashir struck
(probably in 230), he moved first against Nisibis, then Cappadocia and Syria.23
Severus Alexander departed for the east the next year. A three-pronged campaign
of retaliation was launched the following summer, in 232: one army advanced
through Armenia, another down the Euphrates, and a third, commanded by
Alexander himself, was to advance via Hatra. The first two armies did
remarkably well under difficult conditions but were left horribly exposed when
Alexander inexplicably failed to advance (Herodian, 6.5). Alexander lasted
another two years, but Herodian suggests the die had been cast. It was put about
that Alexander was forced to break off the eastern campaign because he had
been summoned west to deal with an invasion in Germany, but the official story
failed to take. No army wishes to be taken to war by a commander in whom it
has no confidence.
Alexander passed through Rome, where he improbably and impolitically
celebrated a triumph. (The pause in Rome is marginally more intelligible if the
German campaign was in fact merely a pretext to abandon the eastern campaign
and engage a more disorganized foe. That is to say, if Germany were in fact
being invaded, Alexander could not have justified the detour to Rome.
Nevertheless, even bracketing the question of the German invasion’s reality, it is
difficult to see how the pause could have been justified to civilians or soldiers
without a real loss of face, given the rumors circulating at the time.) Alexander
arrived in Germany in late fall 234 and bridged the Rhine, but the arrival of deep
winter put a stop to any progress. That pause allowed a growing unrest within
the army and officer corps to fester. The unrest appears to have been motivated
in large measure by a pervasive sense that Alexander was weak and neither
would defend the empire’s honor – it was rumored that he commenced
negotiations with the Germans before he had even begun campaigning – nor was
capable of honorable action, should he be spurred to undertake action at all. This
loss of confidence among the men whose lives Alexander was risking was fatal.
Unrest among the Pannonian legions found a focus in one Julius Verus
Maximinus. An apparently terrifying physical specimen, Maximinus had risen
through the ranks until he was placed by Alexander himself in charge of the
training of new recruits in Pannonia. Those recruits now acclaimed their
commander, who at first resisted before relenting – and promising an enormous
donative (Herodian, 6.8.5–8). In late February or early March, Maximinus seized
control. When he marched on the camp of Alexander, no one resisted. Alexander
and his mother were strangled in their tent (Herodian, 6.9.5–6).24
1. Dio clearly thought Julia Domna a woman of good character and he spares kind words for her, largely by
way of reflecting on her inability to restrain her monstrous son (see, e.g., Dio–Xiphilinus, 78[77].18.2–3).
2. Dio’s remarks on the Antonine Constitution are quoted below, p. 58. Ulpian: “All those who are in the
Roman world have been made Roman citizens as a result of a constitution of the Emperor Antoninus
(Caracalla)” (Ulpian, Ad Edictum book 22 fr. 657 Lenel = Dig. 1.5.17).
3. A literature review covering the first half century of publications treated some ninety items, and many of
the questions identified in that review remain pertinent: C. Sasse, “Literaturübersicht zur C. A.,” Journal of
Juristic Papyrology 14 (1962), 109–49.
4. On the date, see Fergus Millar, “The date of the Constitutio Antoniniana,” Journal of Egyptian
Archaeology 48 (1962), 124–31, and below, p. 57.
5. A point already formulated with cogency and insight by A. N. Sherwin–White, The Roman Citizenship,
2nd edition (Oxford: Clarendon Press, 1973): “The document [PGiss. 40] has added little to the
understanding of this act of Caracalla, which can be evaluated independently of the papyrus” (279). “This
remarkable controversy, which has added singularly little to historical knowledge, has been concerned more
with the formulation of Caracalla’s pronouncement, his motives and intentions, than with the practical
effects of it in the Roman world” (380).
6. Festus s.v. publica sacra (284L): “Public rites are those performed at public expense on behalf of the
people,” where the seeming unhelpfulness of employing publicus/populus to define what is publicus
suggests rather an inability to imagine a world without this conceptual foundation.
7. On the status of gods as citizens and their incorporation within Roman conceptions of the political
community, see John Scheid, “Numa et Jupiter ou les dieux citoyens de Rome,” Archives de Sciences
Sociales des Religions 59 (1985), 41–53, and Scheid, Religion et piété à Rome, 2nd edition (Paris: Albin
Michel, 2001). On the public–private distinction see Clifford Ando and Jörg Rüpke, Religion and Law in
Classical and Christian Rome (Stuttgart: Steiner, 2006), 4–13.
8. The same term/rite was employed in thanksgiving, with differences that require no elaboration here.
9. See, e.g., Augustus, Res Gestae 4.2, 9, 11, 12.
10. J. F. Gilliam, “Dura rosters and the ‘Constitutio Antoniniana’,” Historia 14 (1965), 74–92; Olivier
Hekster, Rome and its Empire, AD 193–284 (Edinburgh: Edinburgh University Press, 2008), 50–5.
11. Some early epigraphic material is cited in Gilliam, “Rosters,” p. 87; see also Peter Herrmann,
“Überlegungen zur Datierung der Constitutio Antoniniana,” Chiron 2 (1972), 519–30. The earliest Egyptian
evidence known in 1962 is cited in Millar, “Date,” 128–9. See also below p. 95.
12. The tendency of emperors to lie about their military achievements – and the difficulty of learning the
truth under a monarchy – are the object of frequent commentary in Dio’s narrative: see Clifford Ando,
Imperial Ideology and Provincial Loyalty in the Roman Empire (Berkeley: University of California Press,
2000), 125–6, 154 and 181–2.
13. Dio–Excerpta Valesiana, 78(77).16.7; Dio–Excerpta Valesiana, 78(77).16.8; Dio–Xiphilinus, 78(77).17–
19.
14. P. Roussel and F. de Visscher, “Les inscriptions du temple de Dmeir,” Syria 23 (1942/3), 173–200 =
SEG 17.759.
15. Death: Dio, 79(78).5; SHA Caracalla 6.6. Posthumous limbo: Dio, 79(78).9.
16. Thomas Pekáry, “Le tribut aux Perses et les finances de Philippe l’Arab,” Syria 38 (1961), 275–83 at
278.
17. Dio, 79(78).15–16 is sadly lacunose, but it is clear that Dio describes the reception by the Senate of
letters from Macrinus, which Macrinus signed using the titles of office: “without awaiting any vote on our
part, as would have been appropriate.”
18. Two from Elagabalus as sole ruler, and two more issued jointly by Elagabalus and Severus Alexander.
To these one might add two responses cited by jurists quoted in the Digest. For these data I rely on the
Palingenesia published in Tony Honoré, Emperors and Lawyers, 2nd edition (Oxford: Clarendon Press,
1994).
19. We also face the difficulty that, though Cassius Dio continued his narrative to 229, due to a number of
factors (office outside Rome, illness, and friction with the soldiery when in Rome) he spent much of this
period away from the city and was not an eyewitness to events (Dio–Xiphilinus, 80[80].1.1–2.1).
20. On the reliefs see esp. Matthew Canepa, The Two Eyes of the Earth: Art and Ritual of Kingship Between
Rome and Sasanian Iran (Berkeley: University of California Press, 2009) and Canepa, “Technologies of
memory in early Sasanian Iran: Achaemenid sites and Sasanian identity,” American Journal of Archaeology
114 (2010), 563–96.
21. Translation from Canepa, “Technologies of memory,” 576.
22. The rumor regarding Ardashir’s intent to rule some version of an historical greater Persian empire, like
those that circulated later regarding Sapor, has been shown to be false (David S. Potter, Prophecy and
History in the Crisis of the Roman Empire: A Historical Commentary on the Thirteenth Sibylline Oracle
[Oxford: Clarendon Press, 1990], 370–6). The currency of those rumors will be taken up in Chapter 5.
23. Zonaras 12.15; George Syncellus 1.674; Potter, Prophecy, 20–1.
24. According to the pseudo–prophetic twelth Sibylline oracle, Alexander was murdered because of his
mother (Oracula Sibyllina 12.285–8).
CHAPTER 4
Law and legal institutions occupy a paradoxical place in the study of ancient
empires. On the one hand, outsiders tend to regard law as an instrument of the
imperial power, imposing metropolitan systems of norms on subjugated cultures
and helping to sustain inequitable distributions of wealth and power both within
colonized societies and between those societies and the colonizing power.
Ancient historians, on the other hand, have over the last generation acquired a
deep skepticism regarding the efficacy and reach of ancient government. This
last arose at once from minimalist assessments of ancient government’s
infrastructural power, and also from attendant considerations regarding the
material conditions under which government operated: prevailing levels of
literacy were low; rural communities, where the bulk of the population lived,
were remote; and so forth. Where one group has urged that law must be a
principal instrument of imperial oppression, the other has urged that it cannot
have been such.
These difficulties have been exacerbated by problems of evidence. In short,
until the systematic reading of papyri began, the evidence for legal history under
Rome was generated nearly wholly by Roman authorities. Not only do those
sources signally fail to address practice in the provinces outside a tiny handful of
references, their privileged position within European culture seemed to confirm
contemporary suspicions regarding the myopia of metropolitan cultures. What is
more, even as scholars discovered and began to decipher the documentary record
of Roman Egypt, debates erupted about the nature of its legal culture: how
Roman was it? If it was Roman, how debased? And was its legal culture unique,
even as its evidentiary regime was?
The problems of evidence began to dissolve perhaps a quarter century ago. In
particular, the discovery of legal documents on papyrus in the Judaean desert and
middle Euphrates utterly collapsed any argument bracketing the Egyptian
evidence as some how unique to a single province.1 What is more, the new
papyri often reveal remarkable awareness of Roman law and astonishingly
robust legal institutions. In part as a result of the excitement generated by legal-
historical study of those texts, people have begun to revisit – and perchance to
collate for the first time – epigraphic evidence for the nature and history of legal
institutions in other provinces.2
These same handicaps to a robust legal history of the Roman empire have
likewise hampered the study of the Antonine Constitution. It had once seemed,
and still might seem, a likely turning point in the history of the empire. After all,
if an empire – to be an empire – must rule over someone, then the Roman empire
must have become some other sort of state at that moment when Caracalla
erased the most important legal distinction between conquerors and those once
conquered. The moment seemed all the more salient when regarded in light of
the subsequent history of European empires: many of those had dissolved at just
that moment when the imperial powers were confronted by demands to fulfill in
some meaningful way their avowed imperial projects.
That said, at an earlier moment in the publication history of ancient papyri, and
likewise before serious aggregation of epigraphic evidence with regard to non-
elite nomenclature, even a superb historian could write of the Antonine
Constitution that it should have been a tremendous revolution, an immense
about-face … but where was the evidence? 3 Echoes and reactions among
contemporary writers were stunningly few. How had it not been an ideological
watershed?
Here again, the gradual accumulation of epigraphic and papyrological
evidence, as well as the development of social-historical frameworks for its
analysis, have allowed for cautious new assessments.
It will not be possible in a single chapter to offer a comprehensive survey of all
those arenas of social and economic activity affected by the grant of universal
citizenship. The rest of this chapter seeks instead to offer a framework for
understanding the forces at work in legal history that might stand in loosely
paradigmatic relation to changes in other domains. We commence with a review
of the basic frameworks within which it was decided what system of law would
apply in any given case in the early Principate. At issue was a fundamental
expectation that each political community should have its own system of law and
that citizens in any given community should regulate their conduct according to
its body of law. The next section considers the pressures for change that arose in
actual legal practice prior to the Antonine Constitution, whereby Roman legal
forms came to influence provincial life even outside the framework of
citizenship. We then turn to the Antonine Constitution and its aftermath.
Legal pluralism and the dynamics of empire
One might begin by sketching a basic normative framework for the separation of
the empire into separate jurisdictions as the Romans themselves theorized the
issue. The most famous and most concise formulation in a classical text is that
provided by the jurist Gaius, the author of the only surviving textbook on law
from classical antiquity,4 at the opening of his Institutes (Gaius’ floruit appears
to have been the two decades immediately prior to the reign of Septimius
Severus – his remarks here should therefore be taken as late, second-order
observations on long-developed practice):
All peoples who are governed by statutes and customs observe partly their own peculiar law and partly the
common law of all human beings. The law that a people establishes for itself is peculiar to it, and is called
“civil law” (ius civile), being, as it were, the special law of that civitas, that community of citizens, while
the law that natural reason establishes among all human beings is followed by all peoples alike, and is
called ius gentium, being, as it were, the law observed by all peoples. Thus the Roman people observes
partly its own peculiar law and partly the common law of humankind. (Institutes 1.1)
In other words, the civil law or, better yet, a civil law is a body of law that a
political community (what Gaius calls a civitas, which means a collectivity of
citizens) establishes for and over itself. Only the members of that community,
which is to say its citizens, have a priori access to its legal actions. The
foundation of Gaius’ claim is expressed by the reflexive and distributive
pronouns “each” and “for itself”: the term “civil law” denotes those bodies of
law that each political community makes for itself.
The term civitas has two valences of relevance to any effort to understand how
this framework was actualized in the organization of the empire. First, civitas
meant “citizenship” (it is an abstraction from civis, “citizen,” and must mean
“the quality that these individuals share that makes them all citizens”). Second,
civitas might by common metonymy also refer to a political community, to a
collectivity of citizens, and by further metonymy to the city (or city-state) that
those citizens inhabited. Hence, it might be useful to consider the implications of
Gaius’ definition along two lines: how did one’s legal status – one’s citizenship –
affect the body of law that one was expected to use and observe, and, second,
what was the relationship between legal system and territoriality?
Let us consider first the correlation between citizenship and law. An
understanding similar to that of Gaius is clearly visible in the narrative of Livy,
writing under Augustus, but describing (as he thought) Roman practice in the
organization of subjugated communities already in the late fourth century BC.
Consider the narrative Livy provides of the aftermath of a Roman war with the
Hernici in 306 BC:
Cornelius was left behind in Samnium. Marcius returned to the city in triumph over the Hernici and an
equestrian statue in the forum was decreed, which was placed before the temple of Castor. To three polities
of the Hernici – the Aletrinati, Verulani and Ferentinati [who had sided with Rome in the war] – because
they preferred this to Roman citizenship, it was permitted that their laws should be returned to them and
rights of intermarriage granted, which for a time they alone of the Hernici possessed. To the Anagnini, who
had borne arms against Rome, was given citizenship without the vote: their rights of assembly and
intermarriage were taken away and their magistrates forbidden any responsibility other than sacred ones.
(Livy, 9.43.22–4; see also Livy, 9.9.6)
Observe that the favored peoples were allowed to remain independent, which is
to say, they did not become Roman, and in consequence they were allowed to
use their own systems of law. Such is likewise the reading of this exchange
provided by another actor in the narrative, the Aequi, from whom the Romans
demanded satisfaction a short while later:
The Aequi responded that the demand was patently an attempt to force them under threat of war to suffer
themselves to become Roman: the Hernici had shown how greatly this was to be desired, when, granted the
choice, they had preferred their own laws to Roman citizenship. To those to whom the opportunity of
choosing what they wanted was not granted, citizenship would of necessity be pro poena, as a punishment.
(Livy, 9.45.6–8)
It is of course quite likely that Livy’s narrative has been shaped by anachronism
in ways we can no longer detect. It is therefore crucial that the same correlation
between system of law and citizenship underlies the very earliest law on
provincial jurisdiction for which we posses extensive testimony
contemporaneous with its operation, namely, the lex Rupilia, the Rupilian law on
the administration of Roman Sicily:
The Sicilians are subjects of law as follows: actions of a citizen with a fellow citizen are tried at home,
according to their own laws. To adjudicate actions of a Sicilian with a Sicilian not of the same citizen body,
the praetor [that is, the Roman governor] should appoint a judge by lot, in accordance with the decree of
Publius Rupilius, which he fixed on the recommendation of the [commission of] ten legates [sent to advise
him at the formal organization of the province], which decree the Sicilians call the Rupilian Law. To
adjudicate suits brought by an individual against a community, or by a community against an individual, the
senate of another civitas should be assigned, granting the possibility that a civitas might be rejected by each
side. When a Roman citizen sues a Sicilian, a Sicilian is assigned to adjudicate; when a Sicilian sues a
Roman citizen, a Roman citizen is assigned. In all other matters judges are accustomed to be selected from
among the Roman citizens resident in the assize district. Between farmers and collectors of the grain tithe,
judgments are rendered according to the grain law which they call the Hieronican. (Cicero, Verr. 2.2.32)
Clearly, the principle that these communities could craft and employ their own
laws extended only so far as Roman interest permitted, where Roman interest
was defined by the Romans themselves. In practice, one witnesses Roman
interference in local systems of law earliest, most systematically and nearly
exclusively in criminal law, where Roman interest in social order and its desire
(largely) to monopolize the use of social violence virtually required Rome to
penetrate more deeply into local affairs than it might otherwise have done. One
gets a fine sense of the extent of Roman involvement in an edict of Gaius
Petronius Mamertinus, prefect of Egypt from AD 133 to 137. It lists the crimes
that the prefect’s court would investigate, in Greek terms that exactly translate
fundamental categories of Roman criminal law (SB XII 10929 = PYale 11.162).
As a corollary, Roman interference in practice in non-Roman private law was
nearly non-existent, issues essential to imperial governance not being at stake.
This systematic pressure on local courts notwithstanding, the legal pluralism of
the empire as a whole could still have developed into a merely hierarchical
system, in which the upper and lower systems operated by and large according to
utterly distinct and locally generated principles. Such systems might usefully be
characterized as pluralist not simply for the obvious reason that there co-exist
within the same territorial space multiple norms, and multiple sources of norms,
but because there existed within many fields of law around the empire no
requirement of subordination, no regular external coordination, nor perhaps even
rules of recognition. Indeed, the situation called into being by Roman theory
comes very close to what a modern legal theorist might call institutional or even
systemic pluralism.9
But in the perspective of practice, this is not what we see. Or, one might say,
systemic pluralism, if it ever came into being, did not turn out to be sustainable.
Rather, the fit or relationship between legal orders – which was in theory so
narrowly hierarchical that to the Romans, at least, one could legitimately
characterize it as parallel – was gradually transformed, such that the various
local legal orders of the empire at large, which had previously existed in a purely
hierarchical relation with Roman institutions, were gradually reoriented in fractal
subordination to them.
This came about in spite of the Romans’ own commitment to principles that
conduced at least to an institutional pluralism. The next section describes two
major pressures for change in the decades leading up to the Antonine
Constitution: first, the widespread use of a Roman law of procedure in provincial
contexts, and second, the recursive pressure on local institutions effected by the
possibility of appeal to Roman courts.
To Procunda daughter of Hermaeus through Epagathon, freed–person. If you can claim the assistance due to
immature age, the governor of the province will decide the suit for fraud. Posted in Alexandria. (POxy.
1020; trans. A. S. Hunt)
Observe that Severus and Caracalla do not decide either case (though of course
emperors often did just that). Rather, they reduce each case to a single question,
and in all of these cases these happen to be questions of fact: in each case,
whether the plaintiff is eligible for specific consideration due to age. The
outcome of the case is entailed by the answer to that question. But the question,
however simple it might seem, is not resolved by the emperors: rather, the case is
delivered to another tribunal, with another judge, who has been given a formula
for adjudicating the case at hand.
It is important to note that it lay fully in the power of the Roman magistrate to
decide what system of law to apply. In remarks aimed at provincial magistrates,
the jurist Julian, writing in the second quarter of the second century AD, provided
a hierarchy of sources of norms they should consult in settling local disputes (the
text derives from the eighty–fourth book of his Digest, where he probably dealt
with attempts by citizens of municipalities to use Roman courts to escape local
liturgies): “Regarding cases where we do not follow [local] written law, the
practice established by customs and usage should be preserved. And if this is in
some way insufficient, then one must adhere to whatever is most analogous to it
and follows from it. If even this is obscure, then the law observed by the city of
Rome should be applied” (Julian, Digest bk. 84 frag. 819 Lenel = Dig.
1.3.32.pr.). Julian was not authorized to fix a requirement in this regard: the text
should be read as describing the position of a single jurist, albeit a highly
powerful and influential jurist, as he reflected on the work of Roman magistrates
in provincial contexts.
One knows that not only emperors, but also governors of provinces, continued
to delegate power of judgment to others – and hence to employ a distinctively
Roman procedure – in the high empire from the frequent references to such
actions among the jurists. Consider, for example, the following commonsensical
observation by the remarkable jurist Callistratus, whose career spanned the
reigns of Severus and Caracalla:
In general, when the emperor sends cases back to the governors of provinces with a rescript to the effect
that “[The appellant] can approach the person in charge of the province,” to which is sometimes added, “he
will judge what is within his sphere of responsibility,” no necessity is laid upon the proconsul or the legate
to undertake the hearing himself, even if the phrase “he will judge what is within his sphere of
responsibility” is not present: rather, he ought to judge whether he should conduct the hearing himself or
assign a judge.15
Therefore, those who are sent [to court] with a report [of their interrogation] must be given a hearing from
the beginning although they were sent with documentary evidence or even brought by the irenarchs. The
deified Pius and other emperors have written in rescripts to this effect: that even in the case of those who are
listed as wanted, if anyone appears to prosecute one [of these], the defendants should not be treated as
condemned but as though a charge were being laid afresh. Accordingly, when someone carries out an
examination, the irenarch should be ordered to attend and to go through what he wrote. If he does this
painstakingly and faithfully, he should be commended; if with insufficient skill and not with thorough
reasoning, [the judge] simply notes that the irenarch has rendered an inadequate report; but if [the judge]
finds that his interrogation was in any way malicious, or that he reported things that were not said as if they
had been said, he should impose an exemplary punishment, to prevent anyone else trying anything of the
kind afterward.19
In this case, the standards of Roman courts are imposed upon local policing
directly, because the Roman court is the court of record for criminal cases.
Moreover, what is ordained is not simply some set of abstract principles, which
might be realized from locality to locality in different ways, but a set of
practices, by which certain rules of evidence and techniques of knowledge
production are enjoined on non-Roman communities.
Roman norms also came to affect not simply the running of local institutions
for the administration of justice but even individual social and economic conduct
by virtue of the possibility of appealing local decisions to Roman tribunals. This
option was not universally available: not only did it require considerable energy
and initiative on the part of appellants, but the Romans themselves instituted
various requirements aimed at discouraging an excess of appeals, whether cash
deposits or thresholds regarding the value of the property at issue or the
seriousness of punishment at stake.20 What is more, of the tens of thousands of
responses that the emperors and their legal departments must have delivered, a
tiny handful survive – and crucially and sadly, many of those survive in extracts
that select the substantive law content of the emperor’s utterance and from which
the details of the cases at hand have been systematically eliminated. Our ability
to write a robust history of law in the provinces suffers accordingly.
That said, a famous and complex inscription at Athens preserves a series of
responses by Marcus Aurelius to appeals from that city in what seems their
original form. In two cases, Marcus turned back the appeal on the grounds that
the appellant had presented documentation that was in one respect or another
faulty or insufficient.
Since he has presented neither the records of the Panhellenes nor the finding that was published, he shall
plead his case before my Quintilii … (Oliver, no. 184, plaque 2, ll. 24–6)
I have already announced that the appeals of Epigonus and Athenodorus had been set aside with notations
that they were incompletely prepared. (Oliver, no. 184, plaque 2, ll. 52–3)
The command operates by means of a fiction – cases not heard by Marcus are to
be judged according to exactly the same procedure as they would have been if he
had in fact heard them – that ordains an exact equivalence at the level of
procedure between the court supervised by Marcus and the court established by
him to hold jurisdiction in his stead.
There thus existed within the empire a varied and complex range of pressures
urging standardization or homogenization around or, if you will, accommodation
to Roman norms. What is more, these intensified visibly across the second
century and into the third, from the reign of Hadrian to the reign of Severus,
even prior to Caracalla’s grant of universal citizenship. To that act and its
aftermath we now turn.
Nowadays the topic of laws is of no use, since we conduct public affairs by the common laws of the
Romans (tous koinous tôn Rhômaiôn nomous). (Menander Rhetor Treatise 1, p. 363.4–14 Spengel; trans.
after Russell and Wilson)
The two assertions, which map closely onto each other, are made with different
vocabulary: the one employs politeia, a term that can mean constitutional order
but also citizenship (Latin civitas); the other, nomous, meaning “laws.”
Menander thus suggests, as closely as one might in Greek, a correlation between
political order and legal system mapping the one we have observed in Latin
Roman sources.
The connection between change in citizenship and change in legal framework
is also raised in papers filed in court. So, for example, in a sadly damaged text
from Oxyrhynchus in Egypt, a petition from November 14, 223 (preserved in
two copies on the same papyrus), the petitioners write:
(line 27) …] happened to be … the law of the Roma[ns …
(line 28) …] we are (Roman) citizens, declares that all […] the slave[s … 21
The term that is translated “we are Roman citizens” (politeuometha) is a verb
derived from the same root as Menander’s politeia, and means in this form
something like, “we live under such–and–such a form of government.” But in
this context, following so closely on the phrase “law of the Romans,” it clearly
amounts to an assertion of fact that indicates why the law of the Romans
conditions the declaration that follows. (In both Menander’s text and in the
Oxyrhynchus papyrus, we are witnessing a change in Greek political vocabulary,
such that they map more closely the Latinate framework that now structures life
in the Greek east.)
The need these petitioners felt to assert the fact of their change in legal status,
and also the causal connection between that change and the legal framework
they employ a full decade after the Antonine Constitution, point to a further
problem, namely, that change takes time. People struggled for many years to
understand, to map, and to effect the changes that the Antonine Constitution had
set in motion. This much is visible even at the level of nomenclature and
identity. As was already discussed in Chapter 3, the proper legal form of a
Roman citizen’s name had three parts. Greek names often had two, one’s name
proper and a patronymic, which is to say, the name of one’s father in the
genitive. The latter had no necessary place in the Roman form of one’s name
and, as we have seen, the individuals granted citizenship by Caracalla were
supposed to take (and many did take) Roman names. But some clearly felt an
anxiety that the stability of their identities was at risk, and so indicated in legal
documents both their new name and their old one. Consider for example the start
of another text from Oxyrhynchus, from AD 216/17:
Aurelius Aeluriôn, in office as kosmêtês,22 town councilor of Athribis, before he obtained Roman
citizenship Aeluriôn son of Zoïlus, of the tribe Neokosmios and the deme Althaeus. (POxy. 1458)
Some four years had passed, and Aurelius Aeluriôn still yoked his new identity
explicitly to the old. Undoubtedly one strong reason for this was that Roman
nomenclature as it was expressed in Greek granted no easy means for naming
one’s father. The change set in motion by Caracalla urged one to efface the name
of one’s father – to cease to claim one’s place in the world through biological
kinship – in favor of a purely jural kinship with emperor and empire.
Two further aspects of the legal history of the empire after Caracalla deserve
mention in this survey. Broadly understood, they indicate countervailing trends
of influence and change. First, although Roman authorities wisely and inevitably
allowed all manner of pre–Roman forms of conduct to persist in individual cases
where relations had been established before Caracalla, across the third century
they insisted in more and more strident tones on adherence to Roman norms.
Second, certain non-Roman customs were, by virtue of their status after 212 as
customs of Romans, redescribed as Roman in legal literatures. I consider these
issues in turn.
The easy way that scholars speak of a homogeneous “Greco–Roman culture”
or the ready assumptions they make of widespread bilingualism notwithstanding,
Roman law differed in important ways from nearly all the other legal systems
known from antiquity on topics of relevance to wide swaths of the population,
notably in family law and inheritance (including rights of women to divorce, law
of dowry, rules of legitimacy, and division of estates). One could not simply
disallow all existing marriages and contracts among those who were not Roman
on the day before the Constitution. Indeed, ancient literature offers a number of
negative judgments on the prudence and feasibility of effecting social change
across too many fronts too rapidly. To the verdict of Dio on Pertinax (see p. 211)
one might add the sage words attributed to the emperor Arcadius (reigned 383–
408) in Mark the Deacon’s life of Porphyry, bishop of Gaza, in response to a
request from the bishop to authorize the use of force in converting pagans to
Christianity:
I know that that city is idolatrous, but it well–disposed toward the paying of taxes and contributes much. If
then we afflict them suddenly with fear, they will take flight and will lose much revenue. But if it seems
appropriate, good, we shall wear them down bit by bit, taking away honors from those mad for idols, and
the other political offices, and we will command their temples to be shut and to give oracles no more. For
when they are worn down, being altogther constrained, they will acknowledge the truth. For change that is
exceedingly sudden is hard for subjects to bear. (Mark the Deacon, Life of Porphyry 41)
As it happens, these are issues on which there might well have existed
considerable institutional memory, and there must have existed tried and tested
methods for effecting a gradual reorientation to Roman norms. For not only did
the Romans grant citizenship widely on ad hoc grounds, they had in fact given
citizenship systematically to those who in certain classes of community had held
a local magistracy. An immense and sophisticated body of law had clearly
developed already by the end of the first century AD (and continued to develop
thereafter) to guide and govern the transformation of non-Romans into Romans,
with all the effects on relations of husbands and wives, fathers and sons, and
masters, slaves and exslaves that the transformation entailed.23 Of equal
importance in the aftermath, Roman lawyers had developed a number of
procedural work–arounds by which to admit alien persons and things to Roman
courts, and the same operations were available to naturalize foreign legal forms.
Most prominent among these were fiction, analogy and substitution.24 We have
already witnessed the operation of one such fiction in the rescript of Marcus
Aurelius: these were likely now deployed on a massive scale.
Alas, the great bulk of records available to us from the third century survive in
collections edited later in antiquity so as to extract from any given document a
decision–making rule that might be applied to analogous cases. Hence, we are
rarely in a position to assess in detail how specific problems were treated, nor to
identify significant patterns. What is broadly visible on the part of Roman
authorities is just this tendency to grandfather in existing relations while
simultaneously insisting that in the future, only marriages (say) conducted iure
Romano, in accordance with Roman law, will be honored. This body of case law
(such as it is) was clearly generated by petitions from below, as people sought to
have their particular situation or their local custom recognized as legitimate – or
at least permitted as an exception – by a Roman court.
When we turn to the jurisprudence generated in the aftermath of the Antonine
Constitution, we confront a deeply frustrating embarrassment of riches. Two
things stand out immediately. First, the literature is immense. Second, as Fergus
Millar has observed most clearly, a remarkable percentage of that literature was
produced (often but not wholly in Latin) by men originating in the Greek-
speaking east. This in itself amounts to a social-historical fact of immense
importance.25 It is very hard to explain how this generation could have come to
prominence without a long history of education and institutional development in
provincial contexts, nor why at this moment they turned to such massive efforts
at systematization were it not for the need to make Roman law intelligible and
useful to a political community of unprecedented size and diversity.
The situation is frustrating because, like the third-century responses to
petitions, the overwhelming majority of Severan jurisprudence survives in
codifications made under Justinian, when the Antonine Constitution lay some
three hundred years in the past. Such comments as jurists might once have made
about the pluralist landscape of the empire before Caracalla, or about the
massive work of integration that must have occurred in the decades after, were
systematically excised as irrelevant to the ongoing life of the law.
Nonetheless, it is possible to envisage a route whereby, contrary to some
idealization of the Romanness of Roman law, local customs would be recognized
not simply as local custom or prior law, but as Roman law by Roman courts. At
this juncture it is important to recognize that the Antonine Constitution had
foreclosed the very means for validating local practice that had been used in the
trial of Dionysia, and likewise affirmed by Trajan: namely, the citation of local
law. For the extension of Roman citizenship – and the eradication of alien
communities as autonomous political entities – had necessarily also invalidated
local codes of law.
That said, local practice remained local practice. Was there not some means by
which it could be recognized and sustained in the now-Roman courts of local
jurisdiction, to say nothing of courts supervised by Roman magistrates? As it
happens, Roman legal theorists had long–standing debates regarding the
normative status of custom, both positive and negative – what a modern lawyer
might call custom and desuetude, following the Latin terminology consuetudo
and desuetudo. As one might expect, exponents of these theories argued that
statute law could not cover all social conventions that a court might be called
upon to regulate, and hence that custom, too, should be understood as a form of
law. Next, proponents of these theories argued that even statutes on the books
might become invalid through sheer lack of adherence, rather than explicit
repeal. There is, however, no evidence from the classical period that any court in
fact took the further step of regulating adherence to custom, and precious little
evidence for the actualization of doctrines of desuetude, either. Nonetheless,
these doctrines were a bombshell, waiting to be exploded.
The situation of the empire after the Antonine Constitution was ripe for the
exploitation of such theories. And while it is difficult to find explicit citations of
those theories, the effects visible in extracts from jurisprudence after Caracalla
are fully in accord with their operation. Among other things, jurists in the decade
after the Constitution refer overwhelmingly to local custom – using phrases like
mos regionis – where an earlier jurist would have cited local law. But these local
customs were now the customs of citizens. Who was to say they were not law?
Consider, for example, an extract from book 4 of Ulpian’s commentary on the
civil law as articulated in the praetor’s court. He there took up the problem of
honoring non-civil–law forms of contract before the law:
(pr) In the common private law of nations, some agreements give rise to actions, some to defenses.
(2) But even if the matter does not fall under the head of another contract and yet a ground exists, Aristo [a
jurist of the late first century AD] in an apt reply to Celsus states that there is an obligation (obligatio).
Where, for example, I gave a thing to you so that you may give another thing to me, or I gave so that you
may do something, Aristo says this is a synallagma (a transaction or contract) and hence a civil obligation
arises (civilis obligatio). And therefore I think that Julian was rightly reproved by Mauricianus in the
following case. I gave Stichus to you so that you would manumit Pamphilus; you have manumitted; Stichus
is then acquired by a third party with a better title. Julian writes that an actio in factum is to be given by the
praetor. But Mauricianus says that a civil action for an uncertain amount, that is, praescriptis verbis, is
available. For the contract described by Aristo with the word συνάλλαγμα (synallagma) has been made and
hence this action arises. (Ulpian, Ad edictum bk. 4 fr. 242 Lenel = Dig. 2.14.7)
The problem before Ulpian is the need to provide a generic action for disputes
arising from non-Roman forms of bilateral agreement: hence his invocation of
the common private law of nations (ius gentium), and the preservation within the
jurisprudential and textual tradition of the Greek term synallagma. In other
words, the foreignness of the concept is marked through an insistent denotation
of the foreignness of the term.
But what is striking is that the (enforceable) obligation arising from the non-
Roman contract is itself said to be civilis, meaning in this context that it is “a
civil-law obligation.” Outside specifically legal contexts, the term civilis,
however, simply means “citizenly”: it means “civil-law” only insofar as the law
of a citizen body is its ius civile. The Greek contract is a civil-law contract
perforce because it was a contract between citizens. Such was the world
Caracalla made.
1. I refer above all to the texts published in P. Euphrates, P. Hever and P. Yadin. A useful but now dated
survey may be found in Hannah Cotton, Walter Cockle and Fergus Millar, “The papyrology of the Roman
Near East: A survey,” JRS 95 (1995), 214–35.
2. See in particular Julien Fournier, Entre tutelle romaine et autonomie civique: L’administration judiciaire
dans les provinces hellénophones de l’empire romain (129 av. J.–C.–235 apr. J.-C.) (Athens: École
Française d’Athènes, 2010) and Georgy Kantor, Roman and Local Law in Asia Minor, 133 BC–AD 212
(Oxford: Oxford University Press, forthcoming).
3. Ludwig Mitteis, Reichsrecht und Volksrecht in den östlichen Provinzen des römischen Kaiserreichs
(Leipzig: Teubner, 1891), part II, chapter 6, “Die Constitutio Antonina und ihre Wirkungen.”
4. The term “classical antiquity” is adopted in order to exclude Justinian’s Institutes, which text has, of
course, much to tell about law in the classical period, but whose relationship to procedure in that period is
extraordinarily attenuated. That fact alone raises significant problems of interpretation for the historian of
law in the Antonine and Severan ages, quite apart from the complex imbrication of historical layers in the
text at the level of doctrine.
5. On consent to law in Roman conceptions of political belonging see Clifford Ando, “Law and the
landscape of empire,” in Stéphane Benoist and Anne Daguey–Gagey, eds, Figures d’empire, fragments de
mémoire: Pouvoirs, pratiques et discours, images et représentations, et identités sociales et religieuses dans
le monde romain impérial. ler s. av J.-C.–Ve s. ap. J.-C. (Paris: Presses Universitaires de Septentrion, 2011),
25–47, and Ando, Law, Language and Empire in the Roman Tradition (Philadelphia: University of
Pennsylvania Press, 2011), 3–4.
6. J. Reynolds, Aphrodisias and Rome (London: Society for the Promotion of Roman Studies, 1982), no. 18,
on which see p. 39).
7. On the Augustan law on jurisdiction see Gaius, Inst. 4.103–5 and lex Flavia municipalis ch. 91, together
with Ando, “Law and the landscape of empire,” 28, and Ando, “Three revolutions in government,” in
Lucian Reinfandt, Stephan Prochazka and Sven Tost, eds, Official Epistolography and the Languages of
Power (Vienna: Verlag der Österreichischen Akademie der Wissenschaften, 2012).
8. The two most important texts are the Senatus consultum de Asclepiade, RDGE 22, and the dossier of
Seleukos of Rhosus, which was recently re–edited in Andrea Raggi, “The epigraphic dossier of Seleucus of
Rhosus: A revised edition,” ZPE 147 (2004), 123–38 = SEG 54, 1625. For a legal–historical perspective on
the triumviral grants see Clifford Ando, “Pluralisme juridique et l’intégration de l’empire,” in Stéphane
Benoist, Ségolène Demougin and Gerda de Kleijn, eds, Impact of Empire X (Leiden: Brill, 2012).
9. On the classification of pluralist legal regimes see Nico Krisch, Beyond Constitutionalism: The Pluralist
Structure of Postnational Law (New York: Oxford University Press, 2010).
10. See esp. Jane F. Gardner, “Making citizens: The operation of the lex Irnitana,” in Lukas de Blois, ed.,
Administration, Prosopography and Appointment Policies in the Roman Empire: Proceedings of the First
Workshop of the International Network Impact of Empire (Roman Empire, 27 B.C.–A.D. 406), Leiden, June
28–July 1, 2000 (Amsterdam: Gieben, 2001), 215–29.
11. Graham P. Burton, “Proconsuls, assizes and the administration of justice under the empire,” JRS 65
(1975), 92–106 remains unsurpassed as a brief study.
12. Fergus Millar, “Emperors at work,” JRS 57 (1967), 9–19 = Millar, Rome, the Greek World, and the East,
vol. 2: Government, Society, and Culture in the Roman Empire, eds Hannah M. Cotton and Guy M. Rogers
(Chapel Hill: University of North Carolina Press, 2003), 3–22; Millar, The Emperor in the Roman World,
2nd edition (Ithaca: Cornell University Press, 1992), 203–52, 507–49.
13. For example, Dio as consul held jurisdiction and found 3,000 cases involving adultery prosecutions
alone awaiting him when he entered office (77[76].16.4). See also Clifford Ando, Imperial Ideology and
Provincial Loyalty in the Roman Empire (Berkeley: University of California Press, 2000), 376–7 and Ando,
“The administration of the provinces,” in David S. Potter, ed., A Companion to the Roman Empire (Oxford:
Blackwell, 2006), 177–92 at 190.
14. Among early texts attesting such a procedure, one should certainly cite the lex de provinciis praetoriis
of 101/100 BC (RS 12, col. 4,11. 31–9 at 35; cf. col. 5, 1. 26) and the lex Gabinia de insula Delo of 58 BC
(RS 22, 11. 31–5).
15. Callistratus, De cognitionibus bk. 1 fr. 1 Lenel = Dig. 1.18.9; see also Julian, Dig. bk. 1 fr. 5 Lenel =
Dig. 1.18.8.
16. The formal publication of P. Euphrates by Denis Feissel and Jacques Gascou is a monument of
scholarship: “Documents d’archives romains inédits du Moyen Euphrate (IIIe s. après J. C.),” Journal des
Savants 1995, 65–119; (with J. Teixidor) 1997, 3–57; and 2000, 157–208. See also Bernard H. Stolte, “The
impact of Roman law in Egypt and the Near East in the third century A.D.: The documentary evidence,” in
de Blois, Administration, Prosopography, 167–79.
17. Fournier, Tutelle, 25–40.
18. J. S. Richardson, “The Tabula Contrebiensis: Roman law in Spain in the early first century B. C.,” JRS
73 (1983), 33–41; P. Birks, A. Rodger and J. S. Richardson, “Further aspects of the Tabula Contrebiensis,”
JRS 74 (1984), 45–73.
19. Marcian, De iudiciis publicis bk. 2 fr. 204 Lenel = Dig. 48.3.6.1 (trans. O. Robinson).
20. James H. Oliver, “Greek applications for Roman trials,” American Journal of Philology 100 (1979),
543–58; Fournier, Tutelle, 514–24.
21. POxy. 4961, ll. 27–8/75–6; trans. J. David Thomas.
22. The term kosmêtês means “director” but what Aurelius Aeluriôn directs is not specified.
23. Again, see for now Gardner, “Making citizens.”
24. Ando, Law, Language and Empire, chapters 1–2.
25. Fergus Millar, “The Greek east and Roman law: The dossier of M. Cn. Licinius Rufinus,” JRS 89
(1999), 90–108 = Millar, Rome, the Greek World, and the East, 2:435–64.
CHAPTER 5
Ardashir’s penetration of Roman territory in 230 was only the beginning. Across
the next half century, Rome would reap what it had sown: foreign military forces
would make a mockery of the frontiers, crossing the Rhine and Danube in
violence, sailing the Hellespont and sacking the cities of Syria and the east.
To speak of reaping what one has sown might seem to invoke narrow models
of agency and causation and concepts of balance and justice inapposite to long-
term historical processes. I employ the term in two senses. First, some of the
wars of this period did in fact fit those narrow models, at least in some accounts.
For example, quite in contrast to Roman claims that the Sasanians aspired to rule
some greater Persian empire – claims that cast Sasanian aggression as wars of
conquest – Ardashir and his son Sapor seem to have described their wars with
Rome as retaliation for Roman violations of one or another treaty (more on this
below). In a somewhat different situation, but equally dialogic in its dynamics,
there is good reason to believe that the Goths and Germans who poured across
the Danube and Rhine and sailed the Black Sea chose their moments of attack in
part in response to perceived moments of upheaval and weakness within the
empire.
But I also wish to suggest a broader, more abstract model of historical action.
In this model, the focus is not on this or that attack and its motivation, but on the
question why Rome found foreign aggression in the third century so difficult to
repel. To answer that question, we must look beyond the strengths or failings of
any one general, army or campaign – though these should of course not be
discounted. We should have regard, too, for long-term changes in the culture,
economy, institutional capacity and infrastructural power of the societies with
which Rome reckoned. On that topic, comparative evidence suggests that we
should expect states sharing frontiers with Rome, and, indeed, societies well
beyond those frontiers, to have developed gradually along a variety of axes in
response to Rome. In part such changes resulted from conscious mimesis and
cultural borrowing. In part they resulted from direct stimulus: Roman diplomatic
practice treated all partners to bilateral interaction as if they possessed
institutional structures homologous with Rome’s, and no doubt prolonged
exchanges of this kind provoked institutional development along lines consonant
if not wholly harmonious with Roman expectations. But whatever the range of
causes – and one can imagine many – the results, in short, are developments that
enable borderland societies to resist the imperial power by becoming more like
it.1 And of course, in time, these developments may enable those societies to
threaten the imperial power itself.
In speaking in such terms, I do not wish in any way to reject or diminish the
purely contingent problems that commenced in 230 or so, when the empire
experienced profound stress along many frontiers at once, on a more-or-less
unprecedented scale. What is more, the long succession of those attacks caused a
crisis of manpower that was, again, nearly unprecedented. Coming on the heels
of the Antonine plague and the Severan civil wars, these made response and
recovery phenomenally difficult.
Let me mention two further general themes of this and the subsequent
narrative chapters. First, ongoing crises on multiple fronts brutally exposed and
exacerbated the related military and political weaknesses of the empire’s
structures of governance. In brief, the empire desperately needed military
leadership on multiple fronts at the same time – good generals, to say the least,
with power of command stretching across provinces in order to coordinate action
along an entire front. But because the system made every successful general into
a potential emperor, overarching commands were perceived as dangerous to
imperial self-interest. This is not to say that the constitutional and military
system could not envision such a thing: numerous individuals had held special
commands in earlier ages, often with explicitly overarching powers. But this had
occurred under strong emperors, and they often gave such commands to their
children or had at least had unquestionably sane and reasonably competent adult
children of their own. In other words, the system, such as it was, had tolerated
extraordinary commands when such could be balanced with the fatally
underdetermined but still essential dynastic logic at its heart. Needless to say, the
ability to strike such a balance rapidly collapsed as the legitimacy of successive
candidates became less and less secure.
Second, the ongoing military and political crises caused an economic crisis.
There remains a vigorous debate about the nature, extent and timing of this
crisis. But the problem may be briefly stated. The Roman empire employed a
precious-metal monetary system in which the value of coins was (as it seems)
notionally tied simultaneously to the quantity of precious metal in them and the
rate at which the central government would exchange bronze coins for silver,
and silver for gold. Starting in the reign of Nero (with a brief upward tick under
Pertinax and Julianus), the percentage of silver in the denarius had gradually
been reduced.2 Although scholars had once assumed that the debasement of coin
must have triggered massive inflation, the two indicators of prices and precious
metal content do not co-vary in the third century. In other words, the ability of
people to detect, and the extent to which they cared about, the debasement of the
coinage must have been less than was once assumed – no doubt in large measure
because of the ongoing backing of the silver coin by the gold.
The fact that debasement did not trigger exactly proportional inflation does not
mean it is not a sign of trouble. Debasement clearly testifies to a need on the part
of the central government for money, which it could meet neither through
exaction (legal or otherwise) nor through production of new coin.3 But if
inflation did not exactly co-vary with debasement, the need of the government
for silver was nonetheless not without effects on regional and aggregate money
supply. The central government had always used the occasion of receipt of
money to recast the metal as new coin. Payment of greater salaries and massive
donatives of the late second and third centuries will have required removing
silver from the central Mediterranean basin and directing it toward the army, and
in times of social and military upheaval the patterns and rate of circulation of
money will not have brought that coin back into circulation in the pacified
provinces evenly and quickly. Although archaeological data now permit the
loose assessment that levels of material and economic upheaval varied from
region to region in the third century, narrowly economic data do not permit an
assessment of discrepant rates of inflation across the empire, to say nothing of
the specifics of cause from case to case. But there can be no doubt that the
central government’s difficulties with its expenditures had complex and
deleterious effects.
The text in the second line was carved over an earlier erasure. The underlying
text may have read “To Pupienus and Balbinus and the gods the Augusti.” The
names of Pupienus and Balbinus were often erased, though no official
condemnation of memory is recorded. The choice of Aigeai makes sense
nonetheless: best not to tie oneself to any one ruler; better to rest one’s hopes on
the dead.
Figure 10 A detail from a narrative relief of Sapor at Bishapur. Sapor’s horse tramples Gordian III, while
Philip the Arab surrenders (Photograph: Matthew Canepa, reproduced with permission)
The view from the east was altogether different. Sapor commemorated these
events in his autobiographical inscription at Naqsh-e Rustam and depicted them
in monumental form several times over (see Figures 10 and 14):
Immediately as I entered into kingship over the nations, Gordian Caesar gathered a force from all the
Roman empire and the Gothic and German nations and advanced into Assyria against the race of the
Assyrians and us. At the borders of Assyria at Meshike there was a great all-out war. And Gofrdian Caesar
was killed and I destroyed the army of the Romans and the Romans chose Philip Caesar. And Philip the
Caesar came to a parley and gave us five hundred thousand dinars [= 500,000 Roman aurei] for their lives
and became tributary to us, and because of this we have named M[e]shike “Peroz-Sapor” (“Victorious is
Sapor”). (Res Gestae Divi Saporis 6–8 [Greek text]) 17
To the election of Philip, his surrender, retreat and reign, we now turn.
The account provided by Sapor is brief and to the point, and, as far as concerns
Roman duplicity, wholly consonant with the Roman sources:
And (Philip) Caesar lied again and acted unjustly towards Armenia. We rose up against the nation of the
Romans and annihilated a force of 60,000 Romans at Barbalissos. (Res Gestae Divi Saporis 9 [Greek text])
Religion
In stark contrast with events in the political and military spheres, religious life in
the third century is attested by a nearly incomprehensible quantity of evidence.
Indeed, one event in the domain of religion – the publication and enactment of
an edict by the emperor Decius enjoining sacrifice on all residents of the empire
– is without doubt the single best-attested event in the third century and quite
possibly one of the best-attested actions of government in all of antiquity. In the
face of such riches, a survey in a single chapter must be selective. A volume like
this one – which is to say, a volume within a chronologically ordered series – has
as its first responsibility the description and analysis of change: in this case, to
establish a framework of understanding that might carry one from the settled
pluralism of the early empire to the Constantinian revolution, in such a way that
the Constantinian revolution (and its aftershocks under Julian and Theodosius)
appears less revolutionary.
To be more precise, what this chapter will not do – what in brief compass one
could not do – is describe the full range of religious phenomena, or even of
change, if by that is intended a listing of sites where this or that god is
worshipped in the third century but not in the second, or a table of newly attested
identifications between some indigenous god and a Greek or Roman one, or the
construction or refurbishment of temples in their geographic dispersal, important
though these things are within some interpretive frameworks. Nor, frankly, will I
be able to discuss all important changes that work to differentiate a third-century
context from those earlier and later. I exclude several as insufficiently connected
to the larger, interrelated arguments that bind this chapter to the volume as a
whole. For example, the imagery of sacrifice virtually disappears from ancient
relief sculpture in this period, and though this is clearly an interesting and quite
possibly an important development, it lies outside the network of concerns
central to this chapter.1 Nor will I devote special attention to the rise in the
Sasanian east, and arrival in the Roman west, of the cult founded by the new
prophet Mani, which provoked both intense fascination and intense hostility
among the governing classes of Rome.2
Instead, I concentrate on such changes in the sociology of religion and the
construction of religious identities as might be described as effects of empire.
Such changes might be visible within ancient evidence as changes in the material
culture of cult, or the representation of deity, or articulated in texts in
theological, doctrinal or eschatological terms. But those are not generally the
terms in which I shall speak. The job of the historian of religion is not merely to
rehearse or to echo the self-understandings of the religionist. Rather, I wish to
describe how and when it became possible for ancients to speak of plural
“religions” – not least paganism and Christianity, as well as Judaism and
Manichaeism – and to understand them as historically autonomous cultural
formations and thus in competition in the first place.
To speak in somewhat different terms, the great revolution of the high Roman
empire in the religious domain is not its conversion to Christianity, but its
conversion to an understanding of religion in which conversion was meaningful.
This was accomplished, I suggest, through a tentative but ultimately abortive
decoupling of the religious and political components of identity. This chapter
seeks to make that claim intelligible as a lens upon religion in third-century
Rome.
Sanctus names only his status as Christian precisely because he understood that
identity not simply to trump, but even to efface all other forms of social
belonging: familial, social and jural-political. Indeed, the divorce he effects
between the political and the religious is itself a new and experimental claim,
one ultimately rejected by the third-century church and abandoned altogether in
the fourth century. The aside to the effect that Sanctus spoke in Latin is of course
in part mere precision, but it is also useful insofar as Greek ethnics did not carry
the same implications in the legal sphere that certain ethnics (“Roman” and
“Latin” in particular) did in Latin.
The non-existence of a conceptual or linguistic apparatus for distinguishing
“religions” in the modern sense of the term means that Roman vocabularies for
discussing the varieties of religion under the empire reveal substantially different
priorities than would a modern vocabulary of religion. In a classical Roman text,
a Roman magistrate, Marcus Valerius Messalla, writes to the Greek community
of Teos regarding the piety of the Roman people:
That we have wholly and constantly attached the highest importance to piety toward the gods one can
estimate particularly from the goodwill that we have experienced on this account from the divine. Not only
that, but for many other reasons we are convinced that our own high respect for the godhead has become
manifest to everyone. (SIG 601 = RDGE 34, ll. 11–17)
Effects of empire
The landscape in which Caracalla intervened – in which the devotees of Mani
were shortly to proselytize, and Christians ran afoul of the law (and each other) –
was far more fluid than this characterization in terms of norms might seem to
allow. Before we turn to Caracalla and the new religious dynamic that the edict
of universal citizenship helped to enable, we should consider briefly some
patterns of change in the sociology of religion in the period, especially such as
shaped the emergent patterns of religious conflict in the second half of the third
century.
That said, for all that this brief section focuses on the fluidity or, perhaps, the
loosening of prior certainties in cultic life in the private domain, we should not
forget the very different meanings of public and private in the Roman period. In
traditional understanding, one’s religious life apart from obligations at the civic
level was just that: separate from, not superordinate to, the religious entailments
of political belonging. It is not that religion was private and civic life was public,
nor that one’s religious life as a citizen was expected to determine one’s private
conduct. The distinction worked rather to insulate the two spheres from each
other in ways that were conducive to social order in a heterogeneous society,
even when the nature of its heterogeneity – the important axes of difference –
shifted profoundly over the course of centuries. It was a conceptual system
developed in the context of empire, and to a point very well suited to it. That
said, precisely because political belonging brought religious entailments, it was
emphatically not true of Greco-Roman polytheism that “each group worships
certain gods in whom it believes,” as the Christian Dionysius of Alexandria
maintained, with the implication that one was also free to reject all others
(Eusebius, Hist. eccl. 7.11.8). To describe the foundation of the system as having
anything to do with the choice of gods is, as we have seen, to mischaracterize it
completely (but in a very Christian way).6 This is a problem to which we shall
return.
Across the period of the first three centuries, the signal social-historical
developments within the empire are nearly all connected with human mobility.
The great connectivity of the Mediterranean as a domain unto itself, and the
bridges of pacified space brought into being by the empire, greatly reduced the
risks (and transaction costs) associated with the movement of both persons and
goods. The results of importance here were several: one was a vast growth in the
number of cities with significant immigrant populations. As a consequence, the
significant conurbations of the high Roman empire were heterogeneous along
multiple axes – ethnicity, language, dress, to name but three – to a degree wholly
unprecedented in the ancient world.
Migrant individuals and groups naturally brought their gods with them. What
is more, they spread first where transportation was easiest. The phenomenon has
been documented multiple times: material and documentary remains reveal cults
to have spread around the Mediterranean first along shipping lines, then up
rivers to major cities, and only then along roads and, lastly, into the countryside.
One consequence of this phenomenon was the presentation of new religious
choices to the pre-existing populations. A further result was the articulation of a
specifically religious component to identity, as religion became one among
several cultural forms (dress and cuisine being two more) that united the
members of those immigrant communities in contradistinction to the populations
among whom they resided. (I do not claim that this phenomenon was new under
Rome, merely that it was likely greater in scale than ever before.) At times, these
cultic identities served to link immigrant populations with each other or with
some notional homeland, such that the population might meaningfully be
described as a diaspora. In such cases – the Tyrian merchants of Puteoli and
Rome are a notable example – ties both cultic and economic often bound the
homeland to the migrant group.7
The function of religion in echoing and hence reinforcing the social bonds
within immigrant populations might be compared very loosely to the rise of
distinctive cultic commitments within military units, which were also
communities distinct from the populations alongside which they betimes resided.
In both cases, there is no evidence that cultic ties were conceived as
exclusionary; but nonetheless, they could have served to reinforce other social
bonds that worked to unite the group in contradistinction to outsiders.8
Of course, it is true of religion in general – not merely in respect to immigrant
groups – that it tends to map and hence to justify all manner of social
distinctions. Whatever else religions might be, they are also ideological
formations, and as such they work to justify varied forms of social differentiation
and particular distributions of wealth and power, often by locating authorization
for those structures in some non-human or transcendent domain. The dominant
modern theories of religion in the ancient Mediterranean – theories of religion as
“embedded,” or of “polis-religion” or “the civic compromise” – all share this
view.9 On their understanding, the fundamental structures of civic cult in
particular were homologous with the normative structures of social and political
power, and indeed were not understood autonomously from them.
As we have seen in very general terms, imperial rule set in motion social and
demographic change on a massive scale. Such change must have placed
enormous stress on the ability of purely civic cult to map, explain and justify the
dynamics of social life. This gap, between some ritual, verbal and gestural
language of cult in its efforts to emplace the world, and the social-material
realities of life in the increasingly variegated landscape of empire, set in motion
a variety of dynamic processes. Any number of such processes, however
important, must here be set aside as too loosely connected with the overall
themes of this chapter. One important example is the development of
competition among cultic and oracular centers, and technologies and ritual
practices for asserting the supremacy of one’s local shrine or god over against
some other(s): hence, not only did worshippers acclaim their god in comparative
terms – as best or highest, for example – but communicative technologies were
adopted to record and publicize those claims within the larger communicative
and cultic community of the empire.10
This faltering in the ability of civic cult to account for the complexity of the
world that empire had brought into being is also visible in the enormous
explosion in extra-familial but non-political religious groups: cult associations
often enough organized around gods themselves understood as immigrant or
epiphanic rather than resident – Isis, say, or Jupiter Dolichenus or Mithras or
Christ. In some of these, whether from explicitly rejectionist motives or not, we
sometimes witness periods (usually early) in which the conduct of the religious
community upends various social norms. So, for example, the communal records
from the early third century of the cult association for Jupiter Dolichenus on the
Aventine in Rome reveal a hierarchy of membership internal to the cult in which
slaves appear alongside the free and freed, and Greek, Roman and Semitic
names commingle.
But a slightly later text from the same community displays a different, and more
traditionally Roman, set of priorities:
By order of Jupiter Optimus Maximus Dolichenus Eternal, for the preservation of the firmament and for the
pre-eminent divinity, invincible provider, Lucius Tettius Hermes, Roman knight, candidate and patron of
this place, for the welfare of himself, his wife Aurelia Restituta, his daughter … and for the welfare of the
priests and candidates and worshippers of this place, he presented a marble plaque with its setting and
columns.
Jupiter Optimus Maximus Dolichenus chose the following to serve him: Marcus Aurelius Oenopio
Onesimus, called Acacius, as recorded …12
In this second text, the individual who held the highest rank and presumably also
the greatest wealth outside the cultic context was granted, undoubtedly by virtue
of that rank and wealth, a place of extreme prominence within the cult. In
addition, he was allowed to assert the priority to him of traditional social
relations over cultic ones: family first, cult community second. What is more, the
list of officers that follows is no longer displayed in tabular form, with ranks and
persons all mixed up: the list is in prose and organized hierarchically. And all
this was commanded by the god himself.13
The cult community of Jupiter Dolichenus on the Aventine was not unusual. In
virtually all cultic communities whose structures and membership we can trace
at this level, the revolutionary or emancipatory potential of religion – or,
perhaps, the revolutionary potential that many religionists like to claim on behalf
of their religion – failed of its promise. Instead, they came to mimic or echo, and
thus to support, the systems of social differentiation at work in the population at
large. In the case of the one cultic community that developed a translocal system
of coordination and governance, this characterization holds especially true: not
simply the diocesan structure of the church at large, but the protocols and
parliamentary rules of Christian councils mimicked those of the Roman state and
its local offspring. Hence the form taken by the third-century martyr acts is
nothing more and nothing less than an exacting copy of a Roman record of a
judicial proceeding, of the sort Antoninus Pius ordered local officials to keep
when interrogating suspects (p. 91), or that was transcribed and posted at Dmeir
(p. 61). The clear implication is that the Christian community possessed no
mechanism, no resource, for the authentication and validation of historical
memory of such an event more potent than the form granted to the culture at
large by the workings of imperial government, whose own insistence on
exactitude in knowledge production had been trumpeted by Antoninus Pius and
by others elsewhere.14
Where the cult of Dolichenus is concerned, at a formal level – in respect of
medium, language and layout – the various forms taken by the rosters of the cult
look like nothing so much as the membership records of Roman priestly colleges
or the albums of curial orders.
(2nd hand) We, Aurelius Serenus and Aurelius Hermas, saw you sacrificing.
(1st hand) The 1st year of the Emperor Caesar Gaius Messius Quintus Traianus Decius Pius Felix Augustus,
Pauni 23. (PMich. inv. 262; trans. from APIS)
The mechanics by which the residents of the empire were known and
catalogued and their compliance assessed is of course an historical problem of
the highest order, somewhat to the side of the history of religion.18 It will be
taken up in Chapter 8, “Government and governmentality.”
Figure 11 A certificate of compliance with the Decian edict on sacrifice, PMich. inv. 262 (Digitally
reproduced with the permission of the Papyrology Collection, Graduate Library, University of Michigan)
What needs emphasis here is the apparent lack of interest on the part of
imperial officials in the identity of the gods to whom any one individual
sacrificed – or, perhaps one should say, the lack of interest on the part of the
imperial government in the identity of the gods addressed in any given locality.
Aurelius Sakis, for example, declares only his constancy in sacrificing to
unnamed “gods,” and the same wholly generic plural is employed again and
again in the Decian certificates. Because some number of Christians, seeking the
instant entry to heaven that contemporary doctrine insisted was the reward for
martyrdom, refused to comply with this base-line requirement, we possess a
number of narratives detailing the negotiations between Roman and local
officials and Christians over the minimal act that might satisfy the edict. One of
the most detailed and precise such narratives concerns Pionius, bishop of
Smyrna. Some way into his conversation with the provincial governor occurs the
following exchange:
The proconsul said: “Sacrifice.”
[Pionius] replied: “No, for I must pray to (the) god.”
He said: “We worship all gods and heaven and all gods who are in
heaven. I suppose you hearken to the air? Sacrifice to it.”
He replied: “I do not hearken to the air but to the one that made the
air and heaven and everything in them.”
The proconsul said: “Tell me, who made them?”
He answered: “It is not possible to say.”
The proconsul said: “Obviously it was (the) god, the very Zeus who
is in heaven. For he is king of all the gods.” (Acta Pionii 1919)
During the quarter century that commences with the accession of Decius in 249,
the Roman empire came close to collapse as a political formation. That it did not
requires substantial and specific explanation. The Conclusion to this volume will
offer one such. It is the task of the two remaining narrative chapters, 7 and 9, to
describe the errors, events and catastrophes that brought the empire to the point
of ruin and then brought it back.
Alas, the same features that make the period analytically fascinating also
render it nearly impossible to narrate. In short, enemies along two fronts
penetrated the frontiers at will, sacking cities in the very heart of the empire and
pillaging to the gates of Rome. As the capacity of the central government to
justify itself collapsed – or, in other words, as the central government ceased to
be perceived as effective in defense of the state – the political elites in various
regions broke away and established themselves as autonomous or semi-
autonomous polities. Nor were these wholly stable. There were thus many years
when military action was taking place on three or more fronts, by several
individuals who styled themselves emperor or who had self-deputized
themselves in the service of one or another emperor – and of course, at any given
moment, one Roman army might launch itself against another.
The fragmentation of political authority, compounded by military chaos,
presents formal problems that are not easily solved. A year-by-year account, for
example, would produce gibberish, as a dozen separate strands would have to be
rehearsed each year, as far as that year carried any given story, only to break off
until the next year. Naturally, all historians of Rome, and many historians of
empire, confront such problems. In the Roman tradition, perhaps the most
beautiful and certainly the most enduring solutions are those of Tacitus and
Gibbon, each of whom deviated regularly and substantially from the form that he
notionally practiced, in the former case the annal and in the latter sequential
narrative.
A conventional means for rehearsing the tale of these years is to select a
sequence of rulers – Decius to Gallus to Valerian to Gallienus to Claudius, and
so forth – whose actions are made central, while all others are labeled usurpers
or pretenders or rulers of something other than Rome. If this practice had to be
justified, one might cite some factor like control over the city of Rome or
recognition by the Senate that distinguished the lead characters in one’s scheme,
nor would such be without historical importance. But in point of fact, the
practice of selection has always been both politicized and teleological. The
standard genealogy of imperial power was constructed in antiquity largely by
counting backwards, as it were, from Diocletian in 284: who died or was killed,
such that Diocletian became emperor? And whose death had made way for him?
And so on. These institutional and political factors naturally combine,
institutions and institutional knowledge-production never being apolitical. A
further endorsement of the standard genealogy derives from the late antique law
codes, which might seem to testify to the actual practice of individuals in
conducting themselves as emperors – and may do just that. That said, the late
ancient codes of law certainly testify to the operation of both practical and
political factors in the recognition of certain individuals as legitimate
adjudicators of the law, such that their decisions are held dispositive in future
legal actions.
Nor was the work of memory production performed only at the end: as we
have already seen, an important component of the legitimation of power in the
ancient present was the construction of the past. Every would-be emperor
connected himself to some predecessor, through adoption or titulature or what
have you, fully as assiduously as he built bridges to the future by promotion of
his offspring.
In consequence, in rehearsing the history of the third century as we do, we
follow rather uncritically in the footsteps of a series of Latin summaries
produced in the mid-fourth century and later by Aurelius Victor, Eutropius and
the Historia Augusta, the structure of whose narratives was overdetermined by
political imperatives, both the ones I have just mentioned regarding the
legitimating power of the past, and their inverse, namely, the suppression of
memory that goes hand in hand with the delegitimization of certain rulers and
would-be rulers as mere usurpers (or worse). Far the most intelligent of those
authors whose narratives of the third century (mostly) survive is the author of the
Historia Augusta. He made just these issues of legitimacy, memory and political
power the subject of a fictitious debate, recalled at the opening of a book
dedicated to four failed candidates for the throne:
For you know, my dear Bassus, how great an argument we recently had with that lover of history Marcus
Fonteius, when he asserted that Firmus, who had seized Egypt in the time of Aurelian, was not an emperor
but merely a mini-bandit. Rufius Celsus and Ceionius Julianus and Fabius Sossianus and I argued against
him, maintaining that Firmus had worn the purple and called himself Augustus on the coins he struck, and
Archontius Severus even brought out certain coins of his and proved, moreover, from Greek and Egyptian
books that in his edicts he had called himself Imperator (autokratôr).
For his part, Fonteius had only the counter-argument that Aurelian wrote in one of his edicts not that he
had killed a usurper (tyrannus) but that he had rid the state of a mini-bandit – as though a princeps of such
renown might have called such a fly-by-night figure a usurper, or as though mighty emperors did not always
name as bandits those whom they killed when attempting to seize the purple. (SHA Firmus 2.1–2)
Three features of the conversation merit attention. First, there is simply the fact
that there existed no means to settle the question of whether Firmus had in fact
been an emperor of the Roman world. (His having “ruled” only in Egypt
evidently did not rule out the possibility that he was actually an emperor, which
shows how drastically foreshortened horizons of expectation with regard to
imperial power had become.) Second, the very limited means available to
historians to assess claims to legitimacy reflect hugely important realities of
political life for contemporaries: how were the residents of Egypt to know who
the emperor was? The simple fact of the matter was that Firmus in Egypt, like
Pacatianus in Moesia or Jotapianus in northern Syria, had minted coins,
commanded soldiers, issued edicts and – who knows? –almost undoubtedly
supervised the settlement of legal disputes. The material, practical and
ceremonial mechanisms for behaving like an emperor were available to many:
legitimacy in the exercise of social and political power was, to an extent nearly
incomprehensible today, actively built up through the faltering construction of a
social consensus.
Third, the Historia Augusta highlights the active role played by a would-be
emperor’s historical successors in the formation of memory. But we should
observe two further ramifications of this contest over naming. On the one hand,
it draws attention to the need of emperors to control not only the construal of the
past but also that of the present: to name someone even an illegitimate emperor –
a tyrannus – was to open debate regarding one’s own legitimacy, by allowing
that the issue was contestable. One sees the same argument played out in other
periods in Roman history using different terminology: the condescension with
which an emperor avows an intent to concentrate on foreign policy, against
public enemies of the Roman state, while ignoring mere private enemies of his
person, is another symptom of this dynamic.1 Finally, the reference to edicts
points to a difficulty regularly observed in ancient sources but little discussed by
them as a general problem, namely, the terribly vulnerable position of even large
communities in the empire when caught between contesting candidates for the
throne. To return to two cases already noted, it is doubtful that, had they been
left to their own devices, either Byzantium or Aquileia would have wished to
contest the legitimacy of Severus or Maximinus, but the one found itself on the
wrong side of history when Severus won, while the other waited out the
collapsing legitimacy of its besieger (pp. 36, 107). Nor was alignment during
war the only issue: a city that made the mistake of merely obeying, or decreeing
congratulations to, a usurper might find itself having to give even more crown
gold to the ultimate victor. In this way, too, the instability of third-century
politics brought the empire to feed upon itself.
Who these peoples were who poured across the Danube in 250 and soon sailed
the Black Sea – and ultimately passed the Hellespont – cannot now be recovered.
The point is an important one and deserves some emphasis. To begin with, we
might ask what we mean when we ask what the identity was of those who
invaded across the Danube. Often enough, the search for the identity of such
peoples is itself based on a delusion, that population groups of this kind will
have stable identities that one can trace across the centuries: we want these
“Goths” to be the Goths who defeated Valens at Adrianople in 378, for example.
That answer would make the one group more important; it might seem to make
history more coherent. But such quests are rarely so innocent in their effects. In
form, at least, they resemble the efforts made in an earlier age to identify specific
population groups in antiquity as the direct ancestors of modern European
nations. Those efforts and their projects have been largely discredited and set
aside, though not wholly. Further caution is always warranted.
What is more, even if we have successfully emancipated ourselves from the
ideological motives that impelled those efforts to locate in antiquity the roots of
some European present, we nonetheless rely in very large measure on ancient
sources produced under their own very similar cultural constraints: those of
classical ethnography, which sought ever to employ the names and taxonomies
of the tradition’s earliest exemplars, and hence crippled their accounts with
persistent anachronism; or those of historiography in the so-called barbarian
kingdoms, which in their own way sought to provide stable histories and
historical identities for the peoples then constructing themselves as
Mediterranean polities.5 The other major source of information available to us,
namely, the residual evidence of the material culture of the peoples in question,
provides little information for the third century beyond establishing the negative
conclusion that the Gothic populations who invaded the empire in the late fourth
century were different from, and probably not related to, those who invaded in
the middle of the third.6
The situation is not altogether hopeless, of course. It is very likely that the bulk
of the information about the Gothic invasions of the third century derives from a
contemporary eyewitness, the historian Dexippus of Athens. Furthermore, it may
well be that his attribution of specific actions and campaigns to different tribal
groups does in fact bear some relation to the political and social articulation of
the populations in question. In any event, we are hardly in a position to second-
guess him, and the account that follows will offer no correction to the tradition in
this regard. What is more, nearly any available global term for describing these
groups as a whole – Germanic, Gothic, Skythian – can be indicted for both
distortion and anachronism, but the state of our knowledge leaves little choice
but to speak in global terms. This warning will have to suffice as a caveat to the
reader.
Decius left Rome for the Danubian provinces in 250. He must have announced
victories of some kind: he is given the victory titles of both Germanicus and
Dacicus Maximus that very year (the former only on a milestone in Tunisia, AE
1942/3, 55; the latter only on milestones in one Spanish province, CIL II 4949 =
Hispania Epigraphica record no. 10486). But the invading forces were clearly
not cowed and did not go away. The next year, probably in spring 251, Decius
may have suffered a great defeat at Beroea,7 while the city of Philippopolis in
Thrace, which had been under siege, was sacked and its population taken in
slavery (Dexippus, FGrH 100 F 26). Decius’ political position was weakened,
and two usurpers declared for the throne, one in Rome (the wholly obscure
Julius Valens [Licinianus]), the other the governor of Thrace, Titus Julius
Priscus, who may simply have felt that the risks involved in defending Thrace
could not succeed, or would not be rewarded to his liking, with Decius on the
throne.8
According to Dexippus, Decius fell upon the Goths as they were retreating
from Roman territory with the booty and captives taken at Philippopolis. The
Goths appear to have formed themselves into three columns: Decius attacked the
third in a swamp near Abrittus, himself at the head of his army, if Dexippus is to
be believed. Decius’ army was utterly destroyed. His body and that of his elder
son Herennius were never found.
In honor of the divine [imperial] house. Dedicated to the holy goddess Victory, because of barbarians of the
race of Semnones and Iuthungi slaughtered on the eighth and seventh days before the Kalends of May and
routed by the soldiers of the province of Raetia and [those stationed] in the Germanies, and likewise many
local peoples, as a result of which many thousands of Italian captives were freed. Marcus Simplicinius
Genialis, distinguished equestrian, acting in the place of the governor, together with his army placed this
freely and deservedly, being satisfied of their vows. Dedicated three days before the Ides of September in
the year when our lord Emperor Postumus Augustus and Honoratianus were consuls. (HD044953)
The re-use of the altar from one reign to another, Roman to Gallic, reveals the
exact reduplication of the opening formula; the continuation of the precise
contemporary titulature of Roman social ranks (Genialis is vir perfectissimus,
here translated as “distinguished”); the use of the language of Roman public law
for Genialis’ office (agens v(ice) p(raesidis), “acting in the place of the
governor”); and the continuation in Gaul of the office of consul and the use of
consuls to name the year. The gratitude expressed in the dedication finds an echo
in the summary offered by Eutropius:
Then, with matters in a terrible state and the Roman empire nearly destroyed, Postumus, who had been born
in Gaul in the humblest circumstances, assumed the purple and ruled for ten years, in such a way that he
restored by his great virtue and moderation provinces that had been nearly consumed. (Eutropius, 9.9.1)
The language of restoration – we have seen that Decius was “restorer of rites”
and Gallienus was “restorer of the Gauls,” before he wasn’t – is of course the
language of Roman public praise for legitimate rulers. Its application to
Postumus is striking.
Third, the essential Romanness of the so-called Gallic empire is visible despite
its rapid co-optation of local elites into a surprisingly robust administrative
apparatus. At the level of the soldiery, this is perhaps not surprising: a high
percentage of legionaries now served in the area where they were recruited. The
army that Postumus inherited will thus already have been composed
predominantly of locals. But a very great number of the officials known from the
reigns of Postumus and his successors appear on the basis of nomenclature to
have had local roots. Unfortunately, we cannot say how many of these had begun
their service under Gallienus. But the simple fact of the matter is that de facto
autonomy from Rome did not spur the expression of any latent Gallic character
or nationalist ambition in the forms of governmental power now visible to us.
Put in slightly different terms, there is no evidence that Postumus or any
resident of his empire wished to overthrow Rome, or to be formally independent
of Rome, or, for that matter, to fashion themselves by some means as somehow
non-Roman.
Alas, Postumus was also a typical Roman emperor of the third century in that
he suffered an attempted usurpation in 269, by one Laelianus, based at
Moguntiacum. Postumus successfully put down the rebellion but then forbade
his troops to plunder the city: outraged, they killed him.24 The empire of
Postumus had no better system to legitimate a new emperor than had Rome
itself, and Postumus’ immediate successor, Marius, was soon murdered and
succeeded by Victorinus, who lasted perhaps two years. When Victorinus was
slain, we are told by the Historia Augusta that his mother Victoria promoted the
candidacy of one Tetricus, “a senator of the Roman people and governor of
Gaul” (SHA Tyr. Trig. 24.1). The less colorful account of Eutropius makes
Tetricus governor of Aquitania and describes him as acclaimed by the soldiery.
Unsurprisingly, as the political situation in Gaul devolved toward burlesque,
Tetricus “suffered many revolts by the soldiers” (Eutropius, 9.10.1).
The Roman empire of Gaul came to an end in 274, when the emperor Aurelian
defeated Tetricus and reincorporated his territories into the whole.
In point of fact, the battle in question occurred in 252, a half decade after
Philip’s action. But the intervening period seems to have done little to settle the
east. Indeed, the military and political successes achieved by Sapor when he did
return, and the upheaval he set in motion even when his actions fell short of
success, suggest important failures on the part of Rome on at least two levels.
First, the losses suffered by the army in the pointless expeditions of Severus
Alexander and Gordian III were not restored, perhaps not at the level of
manpower, certainly not in the skill and prestige of the command structure. The
dynamic Julius Priscus may constitute an exception, but he was also part of the
problem. Indeed, he brings us to the second level on which Rome failed in the
east: the loss of prestige on the part of the army seems to have substantially
undermined the willingness of locals to tolerate the exactions of Roman
government, which were sharpened precisely by its failures. An account on this
scale does not suffice even to enumerate the local insurrections and rebellions
that littered the eastern Roman empire in this period. The revolt of Jotapianus
was but one (p. 119); there were many more.
That said, the history of the east over the long term is largely shaped by
Sapor’s two great campaigns and the forms of local reaction that these provoked,
in Emesa and above all in Palmyra, and it was Sapor’s turning away from Rome
that permitted the restoration and stabilization of Roman rule in the east.
The massive and stunningly successful campaign of Sapor in 252 is intimately
associated in the historical tradition with the enigmatic figure of Mariades, a
one-time member of the upper class of Antioch who is variously described as a
traitor or usurper.25 Mariades was certainly involved in some fashion in the
sacking of Antioch, a staggering blow to the very heart of the empire. But he
may have first provided inspiration for the single strategic move perhaps most
responsible for Sapor’s overall success: Sapor advanced his forces not, as was
traditional before and after, west across the highlands of northern Mesopotamia,
but up the Euphrates. (It was traditional for the Romans to invade by proceeding
south, down the Euphrates: it was rather harder to move supplies for tens of
thousands of men upstream.)
The details of Sapor’s campaign upon reaching Roman territory are relatively
unimportant: what is clear is that he found Roman troops massed in great
number at Barbalissos and smashed them completely, after which he was able to
divide his forces into two columns (and perhaps later divide them again) and
move nearly at will through Roman territory. (Regarding the Roman troops that
Sapor found assembled at Barbalissos: a gathering on such a scale can mean
nothing other than preparations for a campaign, but nothing is known of any
such.) To get some idea of the devastation wrought, one should read both
Sapor’s own account and the wrenching lamentation of an Antiochene source
preserved in the thirteenth Sibylline Oracle. In the Res Gestae Divi Saporis, the
passage continuing from the reference to Barbalissos above runs as follows:
(10) The province of Syria and the provinces and territories above it, all these we burned and laid waste and
destroyed, and in that one campaign [we conquered] from the Roman state the [following] fortresses and
cities:
(11) the city Anatha with its territory; Asporakan Birtha with its territory; the city Sura with its territory;
the city Barbalissos with its territory; the city Hierapolis with its territory;
(12) the city Beroea with its territory; the city Chalcis with its territory; the city Apamea with its
territory; the city Rephaneia with its territory; the city Zeugma with its territory; the city Ourima with its
territory;
(13) the city Gindara with its territory; the city Larmenaz with its territory; the city Seleuceia with its
territory; the city Antioch with its territory; the city Cyrrhus with its territory;
(14) another city Seleuceia with its territory; the city Alexandria with its territory; the city Nicopolis with
its territory; the city Sinzara with its territory; the city Chamath with its territory;
(15) the city Aristeia with its territory; the city Dichor with its territory; the city Dolichê with its territory;
the city Dura with its territory; the city Circesium with its territory; the city Germania with its territory;
(16) the city Batna with its territory; the city Chanar with its territory; and from Cappadocia, the city
Satala with its territory; the city Dorna with its territory;
(17) the city Artangilla with its territory; the city Suisa with its territory; the city Suda with its territory;
the city Phreata with its territory. Altogether, 37 cities with their territories. (Res Gestae Divi Saporis 10–17
[Greek text])
(30) And men from the Roman empire, from among the non-Aryans, we led in captivity; and in our empire,
the empire of the Aryans, in Persia and in Parthia and in Assyria and in the other lands and provinces –
wherever there are foundations of ourselves and our fathers and our grandfathers and our ancestors – there
we settled them. (31) And we sought many other lands and fashioned a great name and performed many
acts of courage that we did not inscribe here, beside these [that are inscribed here]. Because of this we
ordered this to be inscribed, so that whoever is after us will know our name and courage and this our rule.
(Res Gestae Divi Saporis 18–23, 30–1 [Greek text])
And yet, it could have gone far worse. The empire of the east was in fact
saved. In the short term, this was due to the perseverance and skill of two Roman
officials, working loosely together with a local dynast, Odaenathus, lord of
Palmyra. In the long run, it was the genius and skill of Odaenathus that sustained
the east until such a time as Rome was ready violently to reclaim it.
The situation in 260 was salvaged by Fulvius Macrianus, a financial official in
charge of supplies for Valerian’s Persian expedition, and one Ballista, a naval
officer, whose name is transmitted in some texts as Callistus (and in fact, the
evidence does not permit us to say with certainty which form is correct30). They
appear in the first instance to have worked separately to harass Sapor’s columns
as the summer progressed. In particular, disasters inflicted on Sapor by Ballista
at Sebaste and Corycus (including, if the source of George Syncellus and
Zonaras is to be believed, the seizure of his harem31) caused Sapor to turn for
home, at which point, perhaps in the vicinity of Edessa, he was attacked and
successfully thrashed by Odaenathus of Palmyra.
At some point toward the end of summer 260, Macrianus and Ballista
conferred and revolted: Macrianus elevated his two sons, Macrianus and
Quietus, as co-rulers (we are told he opted not to elevate himself, being lame).32
In the summer of 261, Macrianus and the elder son set out for the west, leaving
Quietus behind with Ballista. The Macriani were defeated by Aureolus in
Thrace. We are told by Zonaras that Gallienus then made an overture to
Odaenathus: he should deal with Quietus and Ballista, and he might then govern
the east on Gallienus’ behalf, as corrector totius orientis, nominally more or less
the position that Julius Priscus had held on behalf of his brother, Philip the Arab.
Odaenathus accepted; Quietus and Ballista were apparently slain at Emesa; and
the eastern Roman empire passed under Odaenathus’ overall guidance for the
next six years.
The situation in the east thus came to bear a strong structural resemblance to
that in the far west: a regional military crisis had exposed the weakness of the
central state; military forces with local attachments acted more or less
autonomously to deal with the foreign foe; a government by a local elite
emerged. In the west, as we have seen, Postumus ruled in form as a Roman
emperor over a purely transalpine empire, without formal relation to the
government of Gallienus: the institutions of the two empires possessed parallel,
non-overlapping structures, and the lack of mutual recognition in their systems
of authority could only be resolved by elimination in war or self-abrogation of
one or the other party. In the east, by contrast, Gallienus offered Odaenathus de
facto rulership over “the entire east” (whatever that meant geographically:
certainly Egypt was excluded), by accepting which Odaenathus recognized
Gallienus as his nominal overlord and the source of his authority outside
Palmyra itself.
This last point bears some clarification. Palmyra was a great and rich city, with
a remarkably cosmopolitan culture. Its epigraphy attests the local use of many
languages. But its political culture remained linguistically Palmyrene, and many
of its political forms were thus distinctly Semitic. This was so despite
Odaenathus’ own long experience at the (elevated) margins of Roman power: for
example, he had evidently received senatorial rank and consular honors already
in the 250s, perhaps in reward for some action performed during Sapor’s
invasion of 252/3.33 In consequence of his agreement with Gallienus,
Odaenathus (and his heirs) had consistently to live a Roman existence – and in
that world Odaenathus and his heirs exhibited a bravura virtuosity with the
languages of Roman power. In practice, their engagement in this world did not
occlude or efface their simultaneous use of a distinctly Palmyrene idiom as well.
Hence, each also used the traditional eastern title “King of Kings,”
predominantly in Palmyrene, but it is attributed too at least once to Odaenathus
in Greek.34
The traditional nature of Odaenathus’ Roman title notwithstanding, the exact
nature and extent of the authority he exercised are not clear. So far as one can
tell, for example, he respected Gallienus’ authority to make appointments. But
his control over the military affairs of the east seems to have been nearly
absolute, and whatever his actions in that domain, his relationship with Gallienus
apparently remained secure. So, for example, Odaenathus undertook two
expeditions against Sapor under his own command, in 262 and 265/6, during the
second of which he recovered the former province of Mesopotamia and sacked
Ctesiphon.35 But he also came to the aid of Asia Minor in 267 when it suffered
another Gothic raid. Alas, he was murdered in that very year, quite possibly
during that expedition.36 “Some god, I suppose, was angry with the Republic,
and would not allow Odaenathus to live with Valerian dead” (SHA Tyr. Trig.
15.6).
It was only with the death of Odaenathus that his remarkable, and remarkably
elastic, position in relation to the person and station of Gallienus as emperor of
Rome had to be clarified and its exceptional nature resolved. For the family of
Odaenathus saw themselves as hereditary rulers of a great city, then flourishing
more fully than it ever had before. From the perspective of the métropole, on the
other hand, Odaenathus was formally no more than an appointed official,
exercising power at the pleasure of the emperor. The looming conflict between
these perspectives was postponed, however, by the death of Gallienus the very
next year. To the final years of Gallienus, and the situation he bequeathed to his
successors, we now turn. We will return to Palmyra and the east in 272, when the
emperor Aurelian captured the city and its queen.
In this case, the weak required protection against predation by the strong, and to
that end they turned to Rome, which they evidently regarded as possessing a
monopoly upon legitimate – and effective – violence. A number of honorific
inscriptions for such soldiers-turned-policemen survive from third-century Asia
Minor: they were needed and with some frequency thanked.
That said, the ongoing nature of this dispute gestures to an additional problem,
more visible elsewhere but latent here, too. The ability of the central state to
enforce its decisions was limited, particularly when the criminals were
themselves part of the state apparatus. Here one might cite the copies,
reproduced in multiple locations over many years, of the order that senators were
not to be forced to supply board to passing officials and soldiers, as evidence that
even the socially prestigious were regularly victimized (pp. 46–7). But one
should also take note of the existence from just this period of numerous appeals
to the emperor, inscribed on stone, in which small provincial communities of
varying legal condition requested aid against illegal exactions and extortion at
the hands of soldiers in particular. These have been read in aggregate as
testifying to a breakdown in the rule of law in general, and more particularly to
the loss of the central state’s control over its personnel; and that is a wholly
legitimate interpretation of at least one aspect of these texts.21
But one might say more. Like the text of the Anosseni, the petitions to the
emperor reveal immensely subtle rhetorical technique, and often exhibit formal
characteristics intended to make their public display more efficacious. For
example, they seek to align their own interest with that of the emperor by urging
that their losses effectively count against his income, whether indirectly through
a diminution in tax receipts or directly if they themselves work on imperial
estates (e.g., Hauken, Petition, no. 3, ll. 41–8, from Lydia under either Severus
or Philip).22 At times, like the petitioners to Julius Priscus from the middle
Euphrates they cite unnamed laws and earlier decisions, aligning themselves
with the rule of law (pp. 88–9); with some frequency, they urge superior officials
(including the emperor) to order subordinate officials to take action (e.g.
Hauken, Petition, no. 4, from Lydia, probably under Severus).23 Indeed, they
sometimes go farther and demand that the emperor redeem his claim to care that
all villages should prosper (“That in your most happy and everlasting times the
villages should be inhabited and prosper, you have on many occasions stated in
your rescripts”: Hauken, Petition, no. 5, 11. 11–15, from Thrace under Gordian
III; see also below, p. 227). Indeed, like Caracalla referring to himself, the
villagers refer to the province of their residence using a possessive of the
emperor, “your Thrace” (Hauken, Petition, no. 5, 1. 26), subtly asserting that his
self-interest overlaps with theirs.24
Finally, a number of the inscriptions that include petitions to or responses from
the emperor – or both – are bilingual, and preserve in Latin either the formal
protocols that indicate imperial authorship (e.g., the first-person notation in Latin
“I have signed”) or the protocols that indicate the origin of the text or some part
thereof in a record of proceedings (e.g., Hauken, Petition, nos 5 and 6, from
Phrygia under Philip25).
In other words, the format of these documents attests a faith, however
motivated or strong, in the social efficacy of the procedures of Roman
government. A similar faith might be said to inhere in the act of inscription itself,
which can only have been undertaken in the hope that the very display of a text
would induce obedience to its content. The format of the inscriptions also attests
a conviction that others will recognize and esteem Roman documents by virtue
of their formal aspects: their use of Latin, their dating formulae and other
characteristics specific to particular genres, whether the record of proceedings or
the rescript.
Returning to the dispute between Anossa and Antimacheia, a modern reader
might well be struck by the very high level of the debate, as well as the high
degree of agreement among the participants over what the terms of the debate
should be. In the first hearing, everyone knows, and no one contests, the formula
that defines the burden for each community. What is at issue are the facts that
one should plug into the formula. Here, the procurator’s global knowledge of
practice past and present plays an essential role. (Reflecting on similar cases that
drew the attention of senatorial governors in the first two centuries, one might
add that if this case had not come before a procurator with detailed knowledge of
administration, then consultation with such an individual would have been
necessary in any event.)
We should likewise observe the very profound sense in which the pragmatics
of Roman government shapes the life of these villages and villagers. On the one
hand, their relations with each other are mediated by formulae controlled, and
justice dispensed, by Roman officials. Even at the level of village-to-village
micro-regional relations, the superordinate structures of empire played a role.
The same was true at an even more profound level of the legal, economic and
cultic ties between villages and cities.
And on the other hand, the lives of the villagers themselves were shaped by,
even as their mutual relations revolved around, one of the great material facts of
empire, its roads. The road systems of Asia Minor antedated the arrival of
Roman power, of course. But it would be nearly impossible to overstate the
material and symbolic importance of the roads in uniting the local, regional and
imperial in the Roman period. What is more, Roman agents had long recognized
this importance on both levels: they devoted enormous resources to building and
maintaining roads, and they exploited fully the opportunities afforded by road
systems to address their users. In the discursive system so established, roads
were a gift of imperial power, and the road system was described as uniting the
local, provincial and imperial into a single whole.26 The Romanness of this
ideological apparatus, and even of the conception of physical space that underlay
its use, is visible even in this text in the casual use by all parties of the Latin
loan-word “mile” in Greek.
Claudius (268–70) 1
Quintillus (September 270) 0
Aurelian (270–5) 7
Tacitus (275–6) 0
Florianus (3 months, 276) 0
Probus (276–82) 4
Carus, Carinus and Numerianus (282–3) 9
Carinus and Numerianus (283–4) 18
Carinus (284–5) 3
The second reason to engage in analysis at this level is that we should very
much like to understand how the fragmentation of the empire affected the lives
of those who found themselves under the hegemony of Postumus or Odaenathus,
on the one hand, and what role continuities or ruptures in the practice of
government may have played in the paths taken by those regions in their
reincorporation under Aurelian – to say nothing of the broader role that sheer
institutional continuity played in the sustaining of provincial and imperial
political cultures in the period.
To continue the theme established by our consideration of the dispute between
Anossa and Antimacheia, I will focus in a moment on roads. But we should not
forget that the construction and maintenance of the material infrastructure of
political life (and to a point daily life) was an ongoing concern of the central
government and, crucially, was always envisaged as a collaborative project of
locality and empire, regardless of who was understood as the primary user of the
buildings in question. By the Severan period, of course, many cities were
abundantly supplied with public buildings, and the primary duty of governors
was to cooperate with local authorities, or nudge those authorities, to see to their
upkeep. In a manual produced for provincial governors at some point during the
decade after the Antonine Constitution, the jurist and praetorian prefect Ulpian
wrote on this topic thus:
If the governor should come to a famous city or the capital of the province, he should allow the community
to praise itself, nor listen ungraciously when the provincials boast to their own credit, and he should allow
festivals according to the customs and practice that had obtained in the past. He should conduct a circuit of
sacred buildings and public works in order to inspect them – whether the buildings or roofs are in good
condition or need some repair, or whether such work, once begun, needs completion, in keeping with the
resources of the commonwealth.28 Moreover, he should take care to assign curatores who will take all
appropriate care in supervising the work, and he should second military assistance, if there is just cause, to
assist the curatores. (Ulpian, De officio proconsulis bk. 2 fr. 2147 Lenel = Dig. 1.16.7.pr.l)
The dynamics of the collaboration between imperial and local governments took
many forms. The imperial government might supply architectural or engineering
expertise, labor and a financial subvention (this last often took the form of tax
relief). And of course, at times imperial officials might put the brakes on some
local initiative, on grounds of excessive cost, and on those occasions no doubt
the potential harm to the tax receipts of the central government weighed heavily
in the calculus.
In discussing the reign of Philip, I cited the data compiled by Ernst Stein
regarding the roadwork performed during his reign. Already in 1918, Stein was
able to catalog 100 milestones from fifteen provinces: Africa Proconsularis,
Aquitania, Asia, Britannia, Cappadocia, Dalmatia, Gallia Narbonensis, Upper
Germany, Mauretania Caesariensis, Upper Moesia, Noricum, Numidia, Lower
Pannonia, Upper Pannonia and Sardinia (p. 118). To a point, this focus on roads
was idiosyncratic to Philip, and of course the central administration was likely
motivated by a concern for the movement of troops and matériel for war. That
said, milestones exist attesting the attention of virtually all emperors to the roads.
More importantly, milestones were read, and roads were used, regardless of any
one emperor or administrator’s motive in seeing to their repair.29
In the event, two comments are called for. First, such data present an important
counter-weight to rescripts. Each form of information was naturally subject to
hazards of survival, the rescripts in particular being subject to political
intervention at moments of archiving and collation. Neither is wholly reliable.
Nonetheless, the activity attested by Philip’s milestones urges that we not
overesteem the seeming drop-off in per annum production of rescripts from
Gordian’s reign to his.
Next, as important as Rome’s distinctive conception of the rule of law proved
in the construction of the imperial political community, roads and buildings
naturally performed their own essential ideological work. Roads were an
essential practical and symbolic means for representing the macro-regional and
interregional connnectivity that was a hallmark of empire. Together with
boundary stones and the cadastration of the countryside, they represented
nothing less than the extension of state power into the very landscape of the
empire. Likewise, the support of the central administration for the urban fabric
of its constituent communities demonstrated its commitment to their ongoing
vitality, and underscored a shared belief in the contribution made by local social
orders to some imperial whole. On a more particular level, the conjoined
operation of state institutions within buildings and urban landscapes of a
peculiarly Roman form aided in the depersonalization of institutional power that
was a hallmark of Roman government, and must have endowed the operation of
those institutions with a sense of continuity, however idealized or desperate, that
was much wanted in the mid-third century.
The information provided by such evidence is particularly important in the
assessment of life in the splinter states in west and east in the reigns of Gallienus
and Aurelian. There, naturally, neither the warfare that brought about their
reintegration, nor the efforts by Aurelian to delegitimize their governments, were
conducive to the survival within the imperial archival tradition of records of their
reigns, nor were the codifiers of law in the reigns of Diocletian, Theodosius or
Justinian likely to include legal decisions by emperors excluded from the canon.
In fact, the epigraphic record in both west and east testifies strongly to a robust
continuance of practice, ideological superstructure and the discursive expression
of that structure before, during and after the formation and dissolution of the
splinter states. In the reign of Vaballathus, for example, the extension of
Palmyrene power into Roman Arabia was inscribed nearly immediately on the
road system, in the form of milestones advertising Vaballathus’ titulature.
Lucius Aurelius Septimius Vaballathus, King, Emperor, Leader of the Romans. 15 miles.30
A translation cannot convey the very significant fact that Vaballathus inscribed
his milestones in Latin, a deep evocation of the Romanness that he sought to
project.31 Likewise, the seizure of Egypt by Palmyra was initially marked by
uncertainty about who held power overall, but the clearest records of this
uncertainty at the documentary level are formulaic acknowledgments that the
writer did not know who had the power to name the consuls and thereby the
year. It was simply not imagined that the system would ever change so radically
that the year might not be named by consular dating at all. As it happened, the
consolidation of Palmyrene control led rapidly to the appearance of dating
formulae and documentary protocols that describe a co-rulership of Aurelian and
Vaballathus, each a fully Roman emperor in form and legitimacy.32 In sum, the
infrastructural elaboration of Palmyrene power followed precisely the channels
and patterns set out by the Roman state.
The empire of Postumus exhibits a similar pattern. Postumus is named as
emperor on milestones throughout his territory – or, one might say, we know,
even as contemporaries knew, that the territory was subject to Postumus in part
because the road system was the pre-eminent means by which state power was
extended through space.33 Similarly, Postumus is credited on dedicatory
inscriptions as having rebuilt and dedicated public buildings – meaning,
presumably, that he gave financial support to the rebuilding of public structures –
sometimes in the aftermath of enemy attack.
Imperator Caesar Marcus Cassianus Latinius Postumus, Pious Blessed Unconquered Augustus, pontifex
maximus, in the tenth (?) year of his tribunician power, consul for the fourth (?) time, father of the
fatherland, restored from the very foundation and dedicated these baths, which had been destroyed by fire
through the deceit of a public enemy.34
As we have seen, it was essential that the emperor be seen to defend the state
and, what is more, to choose where necessary to combat enemies of the
community instead of enemies of his person. That failing, the emperor should
make good harms suffered from their attacks. Hence Postumus’ titulature, as
well as the claims he advanced about what he did and why he acted, should be
understood as deeply continuous with the world from which Gallienus and
Aurelian might say he broke away.
But there is more, for the care evidently taken by Postumus’ administration to
mark the landscape as his, and to display to soldiers, travelers and merchants that
his power extended through their world – the boast, even, that their ability to
travel that world was the result of his attention; the collaboration shown between
the central state and local authorities in the reconstruction of purely local
conveniences of public care: all these things marked the government of
Postumus as exercising legitimate social power because and insofar as its
energies were directed at acknowledged social goods. The stability of his reign
no doubt rested in part on the widespread intelligibility of these actions; and the
reincorporation of the Gallic provinces into the Roman state was no doubt eased
by the profound continuity these actions reveal.
1. See, e.g., P. Abinnaeus 51 1. 17.
2. For an important early statement in this vein of scholarship see Michael Mann, “The autonomous power
of the state: Its origins, mechanisms, and results,” in John A. Hall, ed., States in History (Oxford:
Blackwell, 1986), 109–36.
3. That said, the jurist Paul, who served as praetorian prefect under Severus Alexander and so knew
intimately all the workings of civilian government, wrote, like Ulpian, a work on the census comprising at
least two books. The single extant fragment derives from book 2, and it preserves a catalog of communities,
broken down province by province, that possessed the status of an Italian city (Paul, De censibus bk. 2 frag.
42 Lenel = Dig. 50.15.8). The fragment is likewise remarkable for recollecting the historical moment when
any given community achieved that status. In any event, it surely attests the ongoing relevance of
communal status to the work of government. See also P. Teb. II 285, a rescript of Gordian III on the
registration of births, testifying to an ongoing practice. The extant text was copied several decades later:
hence someone thought it useful to retain it.
4. The most obvious future developments were, unsurprisingly, the decline in prestige of some titles
(perfectissimus is a case in point) and the inflation and invention of others, so that officials described as
perfectissimus in one century become clarissimus (“most illustrious,” a title denoting senatorial rank) in the
next.
5. On status dissonance generally see Peter Garnsey and Richard Sailer, The Roman Empire: Economy,
Society, Culture (Berkeley: University of California Press, 1987), 118–23. On Augustan patronage of
equestrian literary production see Andrew Wallace-Hadrill, “Mutatio morum: The idea of a cultural
revolution,” in T. N. Habinek and A. Schiesaro, eds, The Roman Cultural Revolution (Cambridge:
Cambridge University Press, 1997), 3–22.
6. On the equestrian career in the early and high Principate readers in English might begin with Fergus
Millar, “The equestrian career under the empire,” JRS 53 (1963), 194–200 = Millar, Rome, the Greek World
and the East, vol. 2: Government, Society, and Culture in the Roman Empire, eds Hannah M. Cotton and
Guy M. Rogers (Chapel Hill: University of North Carolina Press, 2003), 151–9. On the place of the Senate
in the second century see pp. 8–9.
7. An historical phenomenon given classic expression in Keith Hopkins, “Elite mobility in the Roman
empire,” Past & Present 32 (1965), 12–26; cf. Hopkins, Death and Renewal (Cambridge: Cambridge
University Press, 1983). The replacement of a more narrowly Roman aristocracy by an Italian one, and the
creation under the Principate of an imperial governing class, was of course a major theme of the work of
Ronald Syme.
8. Paul, Ad edictum bk. 54 fr. 678 Lenel = Dig. 47.9.4.1 (trans. J. A. C. Thomas), the crucial phrase being ex
personarum condicione et rerum qualitate. The passage concerns looting, whether of burnt buildings or
shipwrecks.
9. Ulpian, De officio proconsulis fr. 2202 Lenel = Dig. 48.6.7.
10. Cod. lust. 2.12.5. Like many laws on punishments, the actual text of Cod. lust. 2.12.5 is concerned to
specify an exemption, in this case that individuals of the curial class are not susceptible to beating with
rods. Those below that class may therefore be so beaten.
11. Callistratus, De cognitionibus bk. 6 fr. 45 Lenel = Dig. 48.19.28.2; see also Dig. 48.19.28.5, where
Callistratus again allows himself to speak generaliter, to speak in general terms, by abstracting a principle
from “imperial constitutions.”
12. Arcadius Charisius, De testibus liber singularis fr. 4 Lenel = Dig. 22.5.21.2.
13. Aemilius Macer, De publicis iudiciis bk. 2 fr. 39 Lenel = Dig. 48.19.10.pr.: In servorum persona ita
observatur, ut exemplo humiliorum puniantur.
14. Ulpian, De omnibus tribunalibus bk. 3 fr. 2265 Lenel = Dig. 47.10.35.
15. See Cyprian, Ep. 76 (to the Christians in the mines, including the immortal claim that Christians, who
placed their hope in the wooden cross, have nothing to fear from a wooden club) and 77 (from the
Christians in the mines back to Cyprian).
16. Fergus Millar, “Condemnation to hard labour in the Roman Empire, from the Julio-Claudians to
Constantine,” Papers of the British School at Rome 52 (1984), 123–47 = Millar, Rome, the Greek World,
and the East, 2:120–50 at 148.
17. For this reason, a map of the empire in the age of Severus – such as appears in this volume (Map 1) –
will not be accurate for ages before or after, or even at times for the whole of an emperor’s reign, because of
administrative changes that yoked Bithynia to Pontus, say. Interested readers should consult the survey of
changes in provincial organization provided by John Wilkes in CAH2 XII, Appendix I, pp. 705–13, together
with his analysis, pp. 233–52.
18. A modern social theorist would say, “The central state directly interpellated them as individuals and so
created them as subjects of government.”
19. The inscription was published with enormously helpful but abbreviated commentary by W. H. C. Frend,
“A third-century inscription relating to Angareia in Phrygia,” JRS 46 (1956), 46–56. The text is translated in
Barbara Levick’s superb sourcebook, The Government of the Roman Empire, 2nd edition (New York:
Routledge, 2000), no. 57.
20. The characterization of Rome’s administrative apparatus as hierarchical (and rational, in a Weberian
sense) is a major theme of Clifford Ando, Imperial Ideology and Provincial Loyalty in the Roman Empire
(Berkeley: University of California Press, 2000), which focuses in particular on provincial awareness of this
fact.
21. See esp. Peter Herrmann, Hilferufe aus römischen Provinzen (Göttingen: Vanden-hoeck & Ruprecht,
1990), and Tor Hauken, Petition and Response: An Epigraphic Study of Petititons to Roman Emperors,
181–249 (Bergen: Norwegian Institute at Athens, 1998).
22. Hauken provides a text and translation. The text is reproduced in F. F. Abbott and A. C. Johnson, eds,
Municipal Administration in the Roman Empire (Princeton: Princeton University Press, 1926), no. 226.
Abbott and Johnson is one of the great monuments of classical scholarship. A translation may also be found
in Levick, Government, no. 226.
23. Abbott and Johnson, Municipal Administration, no 143.
24. An inordinately famous text: see also Abbott and Johnson, Municipal Administration, no. 139 =
HD044445.
25. Abbott and Johnson, Municipal Administration, no. 141 = MAMA X 114.
26. Perhaps the most remarkable provincial monument to this ideology is the monumental milestone, 15
meters in height, dedicated to Claudius in Lycia: see SEG 51, 1832 (in English) and C. P. Jones, “The
Claudian monument at Patara,” ZPE 137 (2001), 161–8. On the impact on provincial mentalities of imperial
conceptions of political space see Clifford Ando, “Imperial identities,” in Tim Whitmarsh, ed., Local
Knowledge and Microidentities in the Imperial Greek World (Cambridge: Cambridge University Press,
2010), 17–45.
27. Tony Honoré, Emperors and Lawyers, 2nd edition (Oxford: Clarendon Press, 1994).
28. The term “commonwealth” here translates res publica, which was increasingly used across the second
century and beyond to refer to the constituent communities of the imperial polity. The usage is little
explored but no doubt is itself an index to broad changes in imperial political culture. For now see Clifford
Ando, “Law and the landscape of empire,” in Stéphane Benoist and Anne Daguey-Gagey, eds, Figures
d’empire, fragments de mémoire: Pouvoirs, pratiques et discours, images et représentations, et identités
sociales et religieuses dans le monde romain impérial. ler s. av J.-C.-Ve s. ap. J.-C. (Paris: Presses
Universitaires de Septentrion, 2011), 25–47.
29. Though it scarcely need be said, I speak of “the emperor’s attention to roads” as a form of shorthand:
imperial political discourse naturally assigned a broad agency and oversight to the emperor regarding
matters whose particulars are overwhelmingly likely to have escaped his attention completely. The most
sustained consideration known to me of the value of milestones for varied forms of historical inquiry is
Christian Witschel, “Meilensteine als historische Quelle? Das Beispiel Aquileia,” Chiron 32 (2002), 325–
93.
30. T. Bauzou, “Deux milliaires inédits de Vaballath en Jordanie du Nord,” in Philip Freeman and David
Kennedy, eds, The Defence of the Roman and Byzantine East (Oxford: British Archaeological Reports,
1986), 1–8. Another series of three stones carries different titulature in a slightly different grammatical
form: “To Imperator Caesar Lucius Julius Aurelius Septimius Vaballathus Athenodorus, Persicus maximus,
Arabicus maximus, Adiabenicus maximus, pious, blessed, unconquered Augustus” (HD033156).
31. To the Latin of Vaballathus’ milestones we might compare the Latin inscription rededicating the temple
of Jupiter Ammon at Bostra: it had been rebuilt with silver statues (so the inscription reads) after it had been
destroyed “by hostile Palmyrene forces” (IGLS XIII.1.9107).
32. See pp. 210–11 and 226.
33. See for example HD019696; HD013852; HD041559; HD041560; HD007641; HD048457; RIB 2255.
The list is not exhaustive.
34. HD052138, from Gelduba in Lower Germany; see also RIB 605.
CHAPTER 9
Figure 15 Gold medallion from the mint of Rome, bearing the portrait of Aurelian on the obverse and a
hopeful, perhaps admonitory message on the reverse: CONCORDIA LEGIONUM, “The harmony of the
legions” (Photograph: British Museum, reproduced with permission)
What also seems fundamentally clear is that neither Gallienus nor any
successor understood the position granted Odaenathus as hereditary – as an
effort to revive some form of client kingship, or to institute a permanent
relationship between two royal houses or two sovereign states. Gallienus had
rather made the best of things, adapting an existing Roman institution and using
the traditional language of Roman public law, in order to co-opt a regional
dynast to the service of the central state. But immediately upon the death of
Odaenathus, Zenobia (it seems) engineered the succession of Vaballathus to his
father’s position not only within the Palmyrene royal house but in the east at
large. This fact is most clearly stated on a contemporary bilingual Greek-
Palmyrene milestone (the Palmyrene text is nearly complete; I underline the
portion that survives in Greek and place in brackets language peculiar to the
Palmyrene version):
For the safety and victory of Septimius Vaballathus Athenodorus, illustrious King of Kings, who is also
corrector of the entire region, son of Septimius Odaenathus, King of Kings; and also on behalf of (the
safety) of Septimia [Bath-Zabbai] (Zenobia), (most) illustrious Queen, mother of the King, daughter of
Antiochus. Fourteen miles.12
The suggestions that the empire was better off without an emperor – or at least
the sort of emperor it had recently had – and that without an emperor to kill,
there was no point in seizing power, are biting observations on the nature of
third-century politics. They are also astute. The Conclusion will take up much
the same theme, namely, the role played by the institutions of government in the
survival of the third-century crisis.
That said, the recourse of the army to the apparently retired general and
senator Marcus Claudius Tacitus must reflect a consensus among the leading
generals, as well as many individual decisions on their part not to instigate their
own acclamation. Viewed in those terms, it bears structural comparison with the
nomination of relatively junior officers as emperor by a general staff apparently
unwilling to elevate one of its own members (on this pattern see p. 115).
Tacitus may in fact have been in Italy when chosen in late fall 275, and so may
have entered into office as consul on January 1, 276 in the city of Rome. But he
soon left for the east. The Greek tradition credits Tacitus with decisive action
against the still problematic raids by Black Sea Goths, and indeed the raids of
276 were the last serious attacks of their kind.33 Aurelius Victor, by contrast,
credits him only with executing by torture the murderers of Aurelian, while
Eutropius, who seems to feel pressure to admire Tacitus, offers the concessive
that he was unable to achieve anything because he was murdered in the sixth
month of his reign (Aurelius Victor, Caes. 36; Eutropius, 9.16). In a sort of
historical doublet to the triad Claudius-Quintillus-Aurelian, Tacitus’ praetorian
prefect Marcus Annius Florianus, who appears also to have been Tacitus’
brother, was acclaimed by the army in Asia. But Florianus had no sooner started
for Rome and the west than he learned of the simultaneous acclamation of
Marcus Aurelius Probus, a commander on the eastern front. Florianus moved to
come to grips with Probus but was killed by his own soldiers before fighting
began. To adopt the perspective of the Historia Augusta, Florianus reigned – he
minted coins, and inscriptions survive that display his titles – but his sole actions
in the sixty or eighty or possibly eighty-eight days that he was emperor were to
march west, then east, then die.34
The reign of Probus presents a series of contrasts: on the one hand, he was
constantly on the move. The vast array of military campaigns with which he is
reliably credited can only be accommodated to his six-year reign by supposing
that he marched nearly the whole time he was not fighting. On the other, he was
also confronted with a remarkably high number of usurpers and, it seems, bouts
of severe local unrest.35 On a personal level, the high number of usurpers, not
least in contrast with Aurelian, suggests a level of restiveness in the higher
officer corps that in earlier reigns we have associated with imperial indolence.
Probus was not lazy, but it may be that he was very bad at his job.
More seriously, the reign of Probus suggests in an overwhelming way that the
fundamental problems of the third-century empire had not been solved. The
Goths excepted, the borders remained remarkably porous and Italy in danger. We
are told, for example, that Probus rushed west after his accession because “all
the Gauls had been in upheaval after the death of Postumus and, after the death
of Aurelian, they were seized by the Germans” (SHA Probus 13.5; see also
Aurelius Victor, Caes. 37.3). It might be, of course, that the death of Aurelian is
employed here simply as a chronological marker, but we have already observed
that Rome’s enemies on the Rhine and Danube frontiers seem consistently to
have exploited instability within the empire to their advantage. Hence, the
ongoing failure of imperial politics continued immediately upon Aurelian’s
death to induce military aggression, which can only have weakened the political
system further.
Military aggression weakened the system in numerous ways. The trouble in
Gaul awaited action from Probus because Tacitus had evidently not delegated
global authority over the front to a general with sufficient resources to handle it.
Tacitus was no fool and wanted no rival. The fact that only Philip and Priscus
and Valerian and Gallienus had proved capable of overseeing two fronts at once
without the one killing the other (I bracket the question whether they did their
jobs well) exposes the fatal consequences of the empire’s continued reliance on
dynastic succession. But imperial incapacity or neglect is precisely what had
generated the various forms of local self-help that characterized the long reign of
Gallienus, whether in Gaul, Palmyra or even Athens. In the long run, the central
government did not want local militias of any kind, let alone ones led by some
self-declared dux Romanorum.
Probus himself had no solution for these problems. He achieved enough in the
west to name himself Gothicus in 277 and Gothicus Maximus and Germanicus
Maximus in 279, and upon his return to Rome in 281 he celebrated a triumph.
But when in 282 he marched east he was killed at Sirmium: the Latin tradition
preserves no knowledge of the circumstances and supposes a random act of
violence on the part of the soldiery, while the Greek insists that the act had been
planned by his praetorian prefect, Marcus Aurelius Carus, a Narbonensian
Gaul.36
Carus tried to solve the problem of political stability using the tried-and-failed
method of elevating his sons, Carinus and Numerianus, of whom Carinus was
the elder, perhaps in his early thirties, while Numerianus was closer to thirty.
There is little evidence that Carus was recognized by the Senate, nor that the
Senate was asked its opinion. Carinus was sent west to deal with the inevitable
irruption of Germans that Probus’ death had occasioned, while Carus and
Numerianus went east, there to mount a campaign against Sasanian Persia.37
They could offer the justification that Rome needed finally to avenge the capture
of Valerian. In addition, for once Rome could exploit the internal weakness of an
enemy, rather than have its own weakness exploited by others.
As it happens, while on campaign in late summer 283, Carus suffered the
finest imperial death of the third century, even now at its gloaming: he was
struck by lightning. (Or, to adopt the language of Eutropius [9.18.1], “he was
killed by the force of a divine thunderbolt.”) Whatever the truth of the matter, the
death of Numerianus nearly outdid that of his father: he was murdered by his
uncle-in-law and praetorian prefect Aper, who then lacked the courage or power
base to elevate himself. He therefore put it about that Numerianus had a disease
of the eye and could not be exposed to the light of day. It was only the stench of
Numerianus’ decaying body that exposed the lie. Aper was immediately killed.38
The local officer corps chose as emperor a junior member of its number, a
Danubian named Gaius Valerius Diodes, whose earlier career is, stunningly,
virtually entirely unknown. Upon his acclamation in November 284, Diocles
took office under a new name, Marcus Aurelius Gaius Valerius Diocletianus. He
had no intention of being the new Probus or new Aurelian, thank you very much.
And a new era began.
We cannot close the curtain on the third century without disposing of Carinus,
who appears, frankly, to have been no worse than many a third-century emperor.
He mounted campaigns in the north in 283 and 284 and took the titles
Germanicus Maximus and Britannicus Maximus (ILS 608). He faced three
usurpers. One sought to exploit the death of Carinus’ father, Carus: this was
Marcus Aurelius Julianus, who minted coins at Siscium before being killed in
Illyricum. The second was Carinus’ own praetorian prefect Sabinus Julianus,
who was simply fed up with Carinus but acted after the death of Numerianus.
The third, of course, was Diocletian. Carinus successfully suppressed the first
Julianus in 283 and the second Julianus in 284/5. He was betrayed to Diocletian
by his own next praetorian prefect, Tiberius Claudius Aurelius Aristobulus. At
least when the last of the third-century emperors died, no one else’s blood was
shed for him, nor, it is likely, any tears.
1. The testimony regarding the consecration provided by Aurelius Victor, 33.27, would probably have been
set aside, the final sentences of chapter 33 being a tissue of ill-founded assertion, except that Gallienus is
attested as divus on a papyrus the following year (CPR I 9, 1. 7, to be consulted in revised text SPP XX 72)
and on an undated dedication from Numidia (HD020219).
2. Notable among these are the praetorian prefect Aurelius Heraclianus, who is credited in sources reliant
upon Dexippus with a leading role in the plot against Gallienus (Zosimus, 1.40; Zonaras, 12.25; SHA Duo
Gallieni 14.1; see also IGBR 3.2.1568, a dedication to Heraclianus); his brother, Marcus Aurelius
Apollinarius, the governor of Thrace (IGBR 3.2.1569; see also HD011451, possibly a dedication by
Apollinarius from an earlier point in his career); Marcus Aurelius Aurelianus, emperor 270–5; Marcus
Aurelius Probus, emperor 276–82; and Marcus Aurelius Carus and his sons, emperors 282–4.
3. Aurelius Victor, 33.28, places him at Ticinum; Zonaras, 12.26, supposes only that he was neither with the
army nor in Rome.
4. The Historia Augusta makes Marcianus a chief conspirator against Gallienus and places him in Milan,
but neither need be true, and neither consent to the conspiracy nor consent to its outcome required his
presence in Milan (SHA Duo Gallieni 14.1 and 15.2). On Marcianus see AE 1975, 770c, an inscription in
honor of Marcianus erected by the city of Philippopolis.
5. The most cogent surviving narrative is Zosimus, 1.40.
6. Zosimus, 1.44; see also Zonaras, 12.27. For Probus’ other activities see HD0H796, HD02H92 and
HD024303.
7. Plague affecting the Goths: SHA Claudius 11.3. The death of Claudius: SHA Claudius 12.2; Eutropius,
9.11.2.
8. Epit. de Caes. 34.5: “His brother Quintillus succeeded him. He was killed after having held power for a
few days.” See also Eutropius, 9.12: “After him, his brother Quintillus was chosen emperor by agreement of
the soldiers, a man of singular moderation and civility, the equal or better of his brother; by consensus of the
Senate he was named Augustus. He was killed on the seventeenth day of his reign.” Zosimus, 1.47: “After
Quintillus, who was the brother of Claudius, was acclaimed emperor, lived a few months and accomplished
nothing worthy of remembering, Aurelian ascended the royal throne.”
9. Excerpta de legationibus, Dexippus 1 de Boor (FGrH 100 F 24 = Dindorf HGM fr. 22).
10. Construction of the wall commenced under Aurelian; it was finished under Probus. See SHA Aurelianus
21.9 and 39.2, together with Alaric Watson, Aurelian and the Third Century (London: Routledge 1999),
143–52, Filippo Coarelli, Rome and Environs: An Archaeological Guide trans. James J. Clauss and Daniel
P. Harmon (Berkeley: University of California Press, 2007), 18–27.
11. The reconstruction of the extended family of Odaenathus and Zenobia is far more difficult than one
might think: see David S. Potter, Prophecy and History in the Crisis of the Roman Empire: A Historical
Commentary on the Thirteenth Sibylline Oracle (Oxford: Clarendon Press, 1990), 386–8.
12. CISem. II 3971; text and translation in Potter, Prophecy, 390–1. I have slightly altered the presentation
without any revision to the meaning.
13. David S. Potter, The Roman Empire at Bay, AD 180–395 (London: Routledge, 2004), 266–7.
14. On the coinage of Vaballathus see C. Gailazzi, “La titolatura di Vaballato come riflesso della politica di
Palmira,” Numismatica e Antichità Classiche 4 (1975), 249–65. See also Michael Peachin, Roman Imperial
Titulature and Chronology, A.D. 235–284 (Amsterdam: Gieben, 1990), 45; Fergus Millar, The Roman Near
East, 31 BC–AD 337 (Cambridge, MA: Harvard University Press, 1993), 172.
15. On the papyrological evidence for the change in Vaballathus’ regnal year, see Dominic Rathbone, “The
dates of the recognition in Egypt of the emperors from Caracalla to Diocletianus,” ZPE 62 (1986), 101–31
at 123–4 and J. Rea, POxy. vol. 40, pp. 15–30.
16. John Malalas describes Zenobia as attacking Arabia and killing its governor (Malalas 12.29), and
Palmyrene de facto and de jure control over Arabia is confirmed by milestones in the name of Vaballathus:
T. Bauzou, “Deux milliaires inédits de Vaballath en Jordanie du Nord,” in Philip Freeman and David
Kennedy, eds, The Defence of the Roman and Byzantine East (Oxford: British Archaeological Reports,
1986), 1–8, together with Benjamin Isaac, The Limits of Empire: The Roman Army in the East (Oxford:
Clarendon Press, 1990), 222–3, esp. n. 22, citing unpublished milestones from Judaea. Temple repair: IGLS
XIII.1.1907, on which see Chapter 8 n. 31. Tenagino Probus was dead by autumn, as Palmyrene control
over Egypt (with the notional approval of Aurelian) is attested by a papyrus from Oxyrhynchus by the
second week of December 270 (POxy. 2921). For a chronology of politics in Egypt in this period see Gerald
Kruecher, “Die Regierungszeit Aurelians und die griechischen Papyri aus Agypten,” Archiv fur
Papyrusforschung 44 (1998), 255–74; a more general chronology is available in Rathbone, “Dates of the
recognition” and Rea, POxy. vol. 40, pp. 15–30. On Arabian perceptions of and apprehensions about
Palmyrene power in this period see G. W. Bowersock, Roman Arabia (Cambridge, MA: Harvard University
Press, 1983), 131–7.
17. Zosimus, 1.50–3, provides a narrative. The specification by the Historia Augusta of Daphne as the site
of the first battle may be correct, but urban growth had rendered Daphne by this time a suburb of Antioch
(SHA Aurelianus 25.1).
18. SHA Aurelianus 31; Ernest Will, “Le sac de Palmyre,” in R. Chevallier, ed., Mélanges d’archéologie et
d’histoire offerts à André Piganiol (Paris: SEVPEN, 1966), 1409–16.
19. J. F. Drinkwater, The Gallic Empire: Separatism and Continuity in the NorthWestern Provinces of the
Roman Empire, AD 260–274 (Stuttgart: Steiner, 1987), 120.
20. The event lingered long in local memory, being discussed by two orators when speaking before the
emperor and cited still by Ausonius two generations later: see Eumenius, Pan. Lat. V(9).4.1; Anonymous,
Pan. Lat. VIII(5).4; Ausonius, Parentalia 4.6–10.
21. SHA Tyr. Trig. 6.3 and 7.2; Eutropius, 9.9.3; Aurelius Victor, Caes. 33.12.
22. SHA Tyr. Trig. 24.1; see also Eutropius, 9.10, who specifies Tetricus’ province as Aquitania; Epit. de
Caes. 35.7.
23. Eutropius, 9.13.2; Jerome, Chron. sub anno 274; Festus, 24; SHA Tyr. Trig. 30.24–7; SHA Aurelianus
33.2–34.3; Zosimus, 1.59; Zonaras, 12.27.
24. Zenobia in Rome: SHA Tyr. Trig. 27.2; ILS 1202; Antonio Baldini, “Discendenti a Roma da Zenobia?”
ZPE 30 (1978), 145–9. Tetricus: Aurelius Victor, Caes. 35.5; Eutropius, 9.13.2.
25. For a large-scale history of currency in this period see Elio Lo Cascio, “Teoria e politica monetaria a
Roma tra III e IV d. C.,” in Andrea Giardina, ed., Società romana e impero tardo antico, 4 vols. (Rome:
Laterza, 1986), 1:535–57, 779–801, including an insightful reading of Paul, though Lo Cascio fairly
regularly employs an erroneous reference for the passage (see n. 28 below). For general treatments of
Aurelian’s reform Watson, Aurelian, 125–42, and Potter, Empire at Bay, 273–4.
26. Dominic Rathbone, “Monetisation, not price-inflation, in third-century AD Egypt?” in C. E. King and
D. G. Wigg, eds, Coin Finds and Coin Use in the Roman World: The Thirteenth Oxford Symposium on
Coinage and Monetary History 25–27.3.1993 (Berlin: Gebr. Mann, 1996), 321–39.
27. Clifford Ando, Imperial Ideology and Provincial Loyalty in the Roman Empire (Berkeley: University of
California Press, 2000), 215–28. These texts should be read in conjunction with Dominic Rathbone’s
interpretation of POxy. 1411, the edict of a prefect in 262 ordering people to accept coins bearing the
emperor’s portrait: Rathbone (“Monetisation”) identifies the problem as residing in people’s reluctance to
use coins bearing the portraits of the usurpers Macrianus and Quietus (or, perhaps one should say, emperors
who were rendered usurpers by failure). Popular hesitation thus arose from concerns over the legitimacy of
the tender, not specifically from some concern over its precious metal content.
28. The only text to suggest otherwise is not a reflection on debasement as such but on money, by the jurist
Paul, who describes money as a “material, whose stable and public value supported commerce by
overcoming the difficulties of [barter-exchange].” Paul had identified those difficulties principally as
consisting in finding a partner to barter who wanted what you had and who simultaneously had something
you wanted. This “material,” Paul continues, being given a specific form by the state (meaning, it was
struck by a mint), “showed its utility and title not from its substance as such but from its quantity, nor are
the things exchanged one for the other still called wares, but one is called the price” (Paul, Ad edictum bk.
33 fr. 502 Lenel = Dig. 18.1.1.pr.). The distinction between money as a chunk of precious metal – hence a
“ware” (merx) – and money as token, as price (a pretium), is as close as one gets to a modern theory of
money in antiquity.
29. Watson, Aurelian, 132–6.
30. Potter, Empire at Bay, 273.
31. Eutropius, 9.15.1; Aurelius Victor, Caes. 35.7; SHA Aurelianus 35.3.
32. Aurelius Victor, Caes. 35.8; Eutropius, 9.15.2; Epit. de Caes. 35.8; SHA Aurelianus 36.
33. Zosimus, 1.63.1; Zonaras, 12.28; see also SHA Tacitus 12.2.
34. Sixty days: SHA Tacitus 14.2. Eighty days: Eutropius, 9.16. 88 days: the Codex Calendar of 354
(Cbron. min. 1:148).
35. Dietmar Kienast, Römische Kaisertabelle: Grundzüge einer römischen Kaiserchronologie (Darmstadt:
Wissenschaftliche Buchgesellschaft, 1990) s.v. Probus lists a conservative three Gegenkaisern, but other
local figures might be named.
36. Aurelius Victor, Caes. 37.3–4; Eutropius, 9.17.3; Epit. de Caes. 37.4; SHA Probus 21.1–4. By contrast,
see Zosimus, 1.71.4–5 and Zonaras, 12.29: Carus is acclaimed by the legions of Raetia and Noricum and
Probus is slain by his own soldiers when they learn the news.
37. Aurelius Victor, Caes. 38.1–2: “Therefore Carus, who then held power as praetorian prefect, was
clothed in the imperial garb, with his sons Carinus and Numerian as Caesars. And because, the death of
Probus becoming known, some barbarians had seized the occasion to attack, the elder son was sent to
strengthen Gaul, while Carus took Numerian as his companion straight to Mesopotamia.”
38. SHA Carus 12; Aurelius Victor, Caes. 38.6–8; Eutropius, 9.18.2.
CHAPTER 10
Conclusion
The power of arguments over the nature and importance of the third-century
crisis derives in part from a priori interpretive choices made by their advocates.
Those who deny the existence or importance of the crisis discount imperial
politics in favor of social and economic life; they favor material over textual
evidence; they privilege regional over macro-regional assessment. At the same
time, they deny importance to the broader connectivity often deemed a hallmark
of empire and likewise decline to credit state institutions with the capacity
deeply to affect local life. In some form, these are all interpretive positions with
important advocates in contemporary scholarship. In strong form, none seems to
me tenable.
This book has staked out a different argument. The upheaval in politics that
followed the murder of Commodus set patterns of conduct that worked profound
damage in nearly every province of the empire. On the most superficial level,
Septimius Severus and his peers substantially weakened the conventional
structures of legitimation that had protected emperors in office, and no
alternative method for the construction of a social consensus emerged. The result
was cycles of violence that exposed fatal weaknesses in the political system.
That violence, and its effects in domestic politics, substantially exacerbated the
harm suffered by the state in foreign wars. Weak emperors could little afford to
elevate competent generals to overarching commands along entire fronts, while
aggression along those fronts was undoubtedly heightened in proportion as
Rome’s enemies perceived emperors as weak and the empire as distracted.
Furthermore, in the case of Sasanian Persia the course of third-century history
might well have looked very different had Severus not attacked the Parthian
empire in a war of choice in the 190s, disturbing a long-standing modus vivendi
– a situation exacerbated by Philip’s apparent repudiation of the treaty he himself
had negotiated, an act almost undoubtedly to be attributed to fear of the domestic
consequences of having negotiated so one-sided a treaty in the first place.
At the level of economics, we can neither quantify nor adequately map the
economic and social harm worked by the civil wars alone, bracketing foreign
invasion, but the aggregate effects of both were enormous. Massive loss of life
could only be addressed by intensive recruiting, which must have affected the
labor supply in ways that diminished both agricultural productivity and the
capacity of local labor markets to support infrastructural repair. What is more,
such energy as existed within local economies was often distracted by the terror
occasioned by invasion: in the east, huge outlays were directed toward
rebuilding city walls; in the west, many city walls were rebuilt, too, but often
populations removed themselves to more easily defended hilltop positions. In the
process, some regions of agricultural production were abandoned. In respect of
both numbers and settlement patterns, the demography of the third century
displays signs of retrenchment and retreat.
Likewise in the domain of monetary policy. The state clearly faced huge
shortfalls in bullion already in the Severan period, which it met through a
combination of heightened extraction and debasement of the coinage. But
political upheaval and crises in foreign affairs raced far ahead of the system’s
capacity to address these challenges: new armies acclaiming new emperors
wanted ever larger donatives, while newly aggressive enemies wanted tribute. In
consequence massive transfer payments flowed from center to periphery and
from civilian to statal coffers, well beyond the speed of circulation’s ability to
return the money to those who would soon need to pay it again. The economic
situation can only have been made worse by the fragmentation of the imperial
polity, which was itself an effect of political and military upheaval.
This is to say nothing of the problems in trade that must have resulted from
doubts about legitimacy of the currency itself. As the Historia Augusta observed,
every would-be emperor had to mint coins. But the politics of public memory
must have made people reluctant to accept coins bearing the portrait of failed
usurpers or those of the emperors of Gaul post-reintegration, for that matter.
What was to prevent the government from repudiating such coin as legal tender?
Risk increased. Prices rose.
That said, in very significant respects, the political culture of the empire
remained unitary. The coins of the usurpers evoked in precise and deliberate
fashion the designs, legends and denominations of the imperial coinage. The
contest among candidates was merely over one’s place in the system, not over
the nature of the system itself.
What is more, all those actual and would-be emperors spent their money on
similar things – when, that is, they had any to spend. They subvented public
works and local institutions; they sought to sustain the public accommodations
central to Roman urbanism; and they advertised their status as Roman emperors
in doing so.
More importantly, continuity in the ideology of imperial government as it was
advertised from above was matched by expectations of continuity, indeed,
demands for it from below. We might distinguish three manifestations of this.
First, purely local institutions continued to coordinate their actions with each
other and in space and time by reference to the functioning of imperial
government, even when it was not obviously functioning at all. The most clear-
cut example of this derives from Egyptian texts in fall 270, when Palmyra was
asserting control over Egypt even as Aurelian sought to succeed Claudius in
central Europe. The Romans had dated by consuls, and the consuls were named
by the emperor. The marking of time and the keeping of historical memory were
thus explicitly political acts. How should one name the year, if the rulership of
Egypt were in doubt?
The common answer, revealed above all by papyri from Oxyrhynchus but not
only from there, was to employ some such phrase as “Under the consuls of the
present year.”1 In other words, the coordination of local and imperial continued
in spite of an awareness of the deep uncertainty then obtaining in the domain of
geopolitics. A confidence in the Romanness of the world outside and above the
local abided. To these texts we might compare others that continue to name
Valerian as partner to Gallienus long after his capture by Sapor.2 These are of
two sorts: rescripts from the imperial archives redacted into the late antique law
codes and a contemporary papyrus. The nature of the error thus differs from the
first sort to the second, but certainly the papyrus is likely to attest an unreflective
moment of confidence in institutional continuity, beside which the idiosyncratic
identity of the emperor(s) was epiphenomenal.
A second form taken by demands from below for continuity in governance
consists of those petitions that ask imperial officials or the emperor himself to
abide by long-standing principles, whether of law or politics. For example, the
heart of the claim made upon Julius Priscus by the villagers of the middle
Euphrates was as follows (see also pp. 89 and 115–16):
Since, therefore, the case has not thus far obtained resolution, and our fellow villagers are trying to expel us
from the lands on which we reside and to force the issue before judgment, and since the divine
constitutions, which you more than all others know and venerate, ordain that those finding themselves in
possession of goods should remain so until judgment, for this reason we have fled to you and we ask you to
command by your subscription that Claudius Ariston, vir egregius, procurator in the area of Appadana, who
superintends the diocese, should preserve everything unharmed and should forbid the use of force before
your blessed visit to the region when, obtaining our desire, we will be able to render Your Fortune our
eternal thanks. (P. Euphrates 1, ll. 10–16)
The villagers from Thrace who petitioned Gordian III for aid against illegal
exactions employed a similar move, reminding that emperor that he “had on
many occasions stated in [his] rescripts” “that in your most happy and
everlasting times the villages should be inhabited and prosper” (see p. 192).
Neither party cited – perhaps neither needed to cite – the “divine constitutions”
or the many rescripts pertinent to their claim. Support for the rule of law and
purely local flourishing lay at the heart of imperial rhetoric and had done so for
two centuries. It hardly mattered whether Gordian or Philip had themselves
made such claims: they were called upon to redeem them, as emanating from the
office they now occupied.
The papyrus from the middle Euphrates makes explicit a further point, namely,
that the principled claims regarding the nature of government that emanated
from the top were expected by those below to permeate the workings of
government as a whole. We have already seen that Alexander Severus offered
just this assurance to the empire at the outset of his reign (for the context see p.
70):
For neither my own welfare nor anything else will be a concern for me except to increase the empire
through love of humankind and doing good, in order that my own conduct might stand as an example of the
greatest moderation for the governors of the provinces and the procurators sent out by me, whom I dispatch
after a most rigorous examination. Let the governors of the provinces learn more and more with how great
zeal they should look after the provinces over which they are appointed, when it is possible for them all to
see the emperor conducting the duties of kingship with so much orderliness and wisdom and self-control.
(Oliver, no. 275)
But this expectation – this hope, that Alexander would indeed set an example
and enjoin good conduct on his subordinates – was also implicit in practice. The
erection of an inscription displaying an edict or rescript amounted to an
endorsement, however contingent, limited, and self-interested, of the mechanism
that had produced the ruling it contained. It likewise expressed the wish and
perhaps the expectation that viewers of the inscription – whether civilians,
soldiers or officials – would abide by its normative force.
Often crucial to the local erection of imperial texts was the mimicking of their
form: inscriptions in the east might use Latin protocols or dating formulae; texts
repeat some form of direct address to a subordinate, who was of course not the
primary audience for the inscribed version; they quote verbatim phrases
announcing that the text is an extract or authenticated copy, when the inscription
is that once removed; or they repeat language in the first person appropriate to a
signature, though the signature was naturally not reproduced in the transfer to
stone.3 Where Roman government itself was concerned, this was, of course, a
response to a deep problem at the level of practice, namely the couching of
officialdom in modes of deportment and display that signaled its authority and
removal from the everyday. We may acquire some appreciation for the deep
association achieved between Roman authority and its symbols from the Acts of
Pionius. There, when the local magistrate is urged by the crowd to punish those
who refuse to sacrifice, he responds: “But the fasces do not precede us, such that
we have the power [to punish]” (Acta Pionii 10.4). The text does more than
gesture to the fact that Roman magisterial authority was symbolized by its own
distinctive apparatus – authority that arrogated to itself sole power to inflict
capital punishment. Through its diction (“precede us”), it also alludes to the
ceremonial form by which fasces were known: special attendants, lictors, carried
the fasces in procession before any magistrate holding power of command.
The trappings of Roman power and the conduct of Roman officialdom thus
came to occupy an archetypal position in the high imperial imaginary. This was
so in religious life, where one finds around the third-century empire small
statuettes of local gods dressed in military uniforms or carrying military
standards.4 It was also true in religious discourse, where the titles and
hierarchical structure of Roman officialdom become a dominant source of
imagery for describing the rule of god in heaven.5 And it was true in the
organization and conduct of non-statal institutions. We have already seen that the
form of Christian martyr acts, in mimicking that of official records of
proceedings, effectively endorsed the authority of the Roman state in the
recording and preservation of memory. To this we might add the profound
influence of the Roman Senate, in its rules and procedures, upon the conduct of
official bodies around the empire, not least the councils of the Christian church.6
All this was true despite the ebb and flow and regional variation in the
popularity of particular emperors. Apart from the efforts made at the center to
control public and popular memory of earlier reigns, the haphazard nature of the
evidence for the erasure of names – and likewise for honors to those officially
consecrated – strongly suggests that local feeling played an important role in the
construction of posthumous esteem. But the existence of discrepant local
memories of specific emperors – and the role of personality in popular memory
– should not distract us from the overriding historical importance of statal
institutions in shaping expectations of government and the political and social
imaginary of provincial populations. The empire’s weathering of the third-
century crisis – the very form taken by the splinter states and oppositional
movements in the period – testifies to the sustaining power in a period of crisis
of the achievements of peace and ambitions of government.
1. See J. R. Rea, POxy. vol. 40, pp. 16 and 20, together with POxy. 2906ii, 2907i and 2907ii. See also
Dominic Rathbone, “The dates of the recognition in Egypt of the emperors from Caracalla to Diocletianus,”
ZPE 62 (1986), 101–31 at 123.
2. Ingemar König, Die gallischen Usurpatoren von Postumus bis Tetricus (Munich: Beck, 1981), 25.
3. See pp. 46, 61, 189 and 192.
4. Mikhail Rostovtzeff, “Vexillum and Victory,” JRS 32 (1942), 92–106; Ernst Kantorowicz, “Gods in
uniform,” Proceedings of the American Philosophical Society 105 (1961), 368–93 = Kantorowicz, Selected
Studies (Locust Valley, NY: Augustin, 1965), 7–24, a lovely volume with fresh plates; Geza Alföldy, “Die
Krise des Imperium Romanum und die Religion Roms,” in Werner Eck, ed., Religion und Gesellschaft in
der römischen Kaiserzeit: Kolloquium zu Ehren von Friedrich Vittinghoff (Cologne: Bohlau, 1989), 53–102
at 81 and 92.
5. Clifford Ando, Religion et gouvernement dans l’empire romain (Paris: École des Hautes Études en
Sciences Sociales, 2013), chapter 1.
6. Pierre Batiffol, “Le règlement des premiers conciles africains et le règlement du sénat romain,” Bulletin
d’Ancienne Littérature et d’Archéologie Chrétiennes 3 (1913), 3–19; Francis Dvornik, “The authority of the
state in the oecumenical councils,” Christian East 14 (1934), 95–108.
Emperors and usurpers
The list below is neither as complete nor as precise as one might wish.1 It is
incomplete because the category of usurper is necessarily elastic. Appearances to
one side, it is imprecise because our data are often faulty, and where they are not
faulty, they are often fictive. (For example, Caracalla advertised the anniversary
of his reign on a date other than the one on which he was first elevated.) Where
possible, I have listed the dates on which individuals were elevated to the rank of
Augustus, though I have listed some Caesars who died before their elevation to
formal co-rule.
Pertinax 193
Didius Julianus 193
Septimius Severus 193–211
Pescennius Niger 193–4
Clodius Albinus 193–7
Caracalla 198–217
Geta 209–11
Macrinus 217–18
Diadumenianus 218
Elagabalus 218–22
Seleucus ?
Uranius ?
Gellius Maximus ?
Verus ?
Severus Alexander 222–35
L. Seius Sallustius 225(?)-7(?)
Taurinus ?
Ovinius Camillus ?
Maximinus Thrax 235–8
C. Petronius Magnus 235
(Titus) Quartinus 235
Gordian I 238
Gordian II 238
Balbinus 238
Pupienus 238
Gordian III 238–44
Sabinianus 240
Philip the Arab 244–9
Pacatianus 248
Jotapianus 249–?
Silbannacus2 ?
Sponsianus3 ?
Decius 249–51
L. (?)Priscus 250
Julius Valens Licinianus 250
Herennius Decius 251
Hostilianus 251
Trebonianus Gallus 251–3
Volusianus 251–3
Uranius Antoninus4 253
Aemilianus 253
Valerian 253–60
Gallienus 253–68
Valerianus Iunior (Caesar) 257–8
Saloninus 260
Ingenuus 260
P. C(ornelius?) Regalianus 260 (?)
Macrianus 260–1
Quietus 260–1
Piso 261
Valens 261
Palmyra (260?–72)
Septimius Odaenathus5 260–7
Vaballathus 267–72
Zenobia 267–72
Antiochus 272
1. This table is reproduced from Olivier Hekster, Rome and its Empire, AD 193–284(Edinburgh: Edinburgh
University Press, 2008), 155–6, with minor modifications.
2. Silbannacus is known solely from coinage and cannot be assigned to the reign of Philip with confidence.
3. Sponsianus is likewise known solely from coinage and cannot be assigned to the reign of Philip with
confidence.
4. Although Uranius Antoninus employed imperial titulature, there is no evidence he intended to compete
for imperial rule or to establish an autonomous polity based at Emesa.
5. Odaenathus did not proclaim himself emperor.
Chronology
208 Severus, Caracalla and Geta depart Italy 208 Accession of Ardashir in Persia
for Britain
211 (February 4) Death of Severus 211 The jurist 208–14 Parthian succession
(February) Death of Geta; Caracalla sole Papinian murdered contested between Vologaeses V and
emperor at Caracalla’s Artabanus V
instigation
244 Death of Gordian III; accession of Philip 244 Sapor defeats Rome and
the Arab compels humiliating treaty
247–8 Dionysius is
bishop of
Alexandria
248 Roman millennium (April 21) 248 Origen pens
Contra Celsum;
Cyprian becomes
bishop of Carthage
250 Birth of
Iamblichus
252 Massive rupture of Danubian border; 252 Sapor drives Tiridates from the
Goths sail the Hellespont and attack Asia throne in Armenia; attacks Roman
Minor empire, devastating Syria; rise of
Uranius Antoninus at Emesa
253 Aemilianus acclaimed in Moesia; Gallus 253 Death of
moves against him; Valerian moves toward Origen
Italy; death of Gallus; death of Aemilianus;
Valerian acclaimed and appoints Gallienus
Augustus
256 Goths sail the Hellespont
257 Gallienus headquartered on the Rhine 257 Valerian 257 Sapor captures Dura
launches new
persecution of
Christians
270 Coordinated campaign against sea-faring 270 Death of 270 Zenobia declares Palmyrene
Goths; death of Claudius; accession of Plotinus sovereignty over Arabia and Egypt;
Aurelian Vaballathus assumes Roman
imperial titles
Sources
Historians of the third century are, alas, not well served by the primary providers
of material in translation: Cassius Dio, Herodian and the Historia Augusta are all
available in wholly reliable editions from the Loeb Classical Library, but the late
antique sources generally are not. The histories of Eutropius and Aurelius Victor
are available in translation with problematic commentary by H. W. Bird in the
series “Translated Texts for Historians,” but I know of no modern translation of
the Epitome de Caesaribus into English. Likewise, there have been at least two
translations of Zosimus into English, of which the modern version by Ronald T.
Ridley is both rare and not wholly reliable. Those who can should instead
consult the superb French edition by François Paschoud. Thomas Banchich and
Eugene Lane have done historians a very great service by translating the portion
of Zonaras’ History covering the years 222–395. Jordanes has been translated
multiple times: the so-called Princeton translation by Charles Christopher
Mierow has been reprinted by several presses and, being out of copyright, can
also be downloaded for free. Finally, those who find the Thirteenth Sibylline
Oracle baffling will benefit from the superb scholarly apparatus in David
Potter’s edition; those who want a translation only, with very limited notes, can
also consult the translation by J. J. Collins in J. H. Charlesworth, ed., The Old
Testament Pseudepigrapha (Garden City, NY: Doubleday, 1983–5), pp. 453–68.
Christian texts of the third century are in general abundantly and well
translated. A considerable percentage of surviving literary material – outside
Origen – can be found in the series Ante-Nicene Fathers, edited by Alexander
Roberts and James Donaldson, now out of copyright and available online from
multiple sites. That said, the English translations of Cyprian’s correspondence
and the Octavius of Minucius Felix are particularly well served by the superb
editions of Graeme Clarke. The Apology of Tertullian and the Ecclesiastical
History of Eusebius are also available in Loeb editions.
The martyr acts constitute a special case. The edition and translation by
Herbert Musurillo holds a near monopoly in the Anglophone world; it is, alas,
deeply unreliable. Those who can should consult the collective edition produced
under the leadership of A. A. R. Bastiaensen, who likewise edited and translated
the Life of Cyprian, both works being published by the Fondazione Lorenzo
Valla. There is likewise a superb translation and commentary on the Acts of
Pionius in French by Louis Robert, a text published posthumously thanks to
Glen Bowersock and Christopher Jones.
I know of no complete translation of the Res Gestae of Sapor into English, but
several sections are translated in Michael Dodgeon and Samuel Lieu’s wide-
ranging sourcebook, The Roman Eastern Frontier and the Persian Wars. Their
coverage is superb and the translations strike me as fine; the presentation and
scholarly apparatus is, alas, not wholly user-friendly.
The bulk of the legal material derives from two sources: the collection of
jurisprudential literature edited into a sourcebook under Justinian, known as the
Digest; and the collection of imperial rescripts known as the Code. The Digest
was translated into English by multiple hands and published under the editorial
guidance of Alan Watson: it is on the whole extremely well done, though a small
number of the translators are conspicuously less reliable than the rest. The Code
has long been available in a baroque but not hugely misleading translation
privately published by S. P. Scott. Bruce Frier of the University of Michigan is
now editing a second modern English translation, to be published by Cambridge
University Press, which, if accurate and appropriately priced, could have a
transformative effect on the teaching of Roman history.
There exist a number of sourcebooks translating documentary material (or at
least, primarily documentary material). James H. Oliver, Greek Constitutions of
Early Roman Emperors from Inscriptions and Papyri, is not complete, nor was it
brought up to date after his death; it is nonetheless an invaluable resource.
Likewise, the collection of legal material translated by Allan Chester Johnson, P.
R. Coleman-Norton and Frank Bourne, Ancient Roman Statutes (Austin:
University of Texas Press, 1961), is wholly without peer and deserves a far wider
audience than it seems to have received. Barbara Levick’s The Government of
the Roman Empire (London: Routledge, 2000) is superbly well done, though it
not surprisingly concentrates on material from the Flavian and Antonine periods.
Of the many sourcebooks on ancient religion, allow me simply to mention three:
Mary Beard, John North and Simon Price, Religions of Rome, volume 2; Ramsay
MacMullen and Eugene Lane, Paganism and Christianity, 100–425 C. E.
(Minneapolis: Fortress Press, 1992); and J. Stevenson, A New Eusebius:
Documents illustrating the History of the Church to AD 337, revised by W. H. C.
Frend (London: SPCK, 1987).
Finally, Olivier Hekster has produced a wonderful sourcebook on the third
century, Rome and its Empire, AD 193–284, also published by Edinburgh
University Press, which includes supremely clear introductory essays.
Secondary material
In addition to his commentary on the thirteenth Sibylline Oracle, David Potter
has also supplied the most rigorous and detailed narrative of the third century
now available in English, Empire at Bay. Given the absence of serious
alternatives in English, let me here draw attention to two fine works in French:
Jean-Michel Carrié and Aline Rousselle’s L’empire romain en mutation des
Sévères à Constantin 192–337 (Paris: Seuil, 1999) and Michel Christol’s
L’empire romain du Hie siècle: Histoire politique (Paris: Éditions Errance,
1997).
A related genre of modern study, the imperial biography, also fails in the third
century, for obvious reasons. That said, the three such studies that do exist in
English are very useful: A. R. Birley’s Septimius Severus: The African Emperor,
Lukas de Blois’s The Policy of the Emperor Gallienus (Leiden: Brill, 1976), and
Alaric Watson’s Aurelian and the Third Century.
Several superb regional histories offer extensive reflection on the third-century
empire, especially Fergus Millar’s The Roman Near East, 31 BC–AD 337 and
Stephen Mitchell’s Anatolia: Land, Men, and Gods in Asia Minor (Oxford:
Clarendon Press, 1993). For the west, nothing in English can compare to
Christian Witschel’s splendid Krise, Rezession, Stagnation?, but Anglophone
readers can at least consult Witschel’s summary, “Re-evaluating the Roman west
in the 3rd C. A.D.,” which offers a thorough bibliography.
The third century has been poorly served by the rash of handbooks,
companions and reference works published in recent years. Many of these are of
course excellent, and present reliable, detailed surveys of the urban economy or
the Greek city, or trade, or the history of the family. But almost none of these
treat the third century as a period or concentrate on third-century evidence. An
important and delightful exception is Amy Richlin’s “Sexuality in the Roman
empire,” in David Potter, ed., A Companion to the Roman Empire (Oxford:
Blackwell, 2006); readers will also profit from Andrew Wilson’s “Urban
development in the Severan empire,” in Simon Swain, Stephen Harrison and Jaś
Eisner, Severan Culture (Cambridge: Cambridge University Press, 2007).
Finally, in this field as in many others, contemporary historians operate in
terrain first charted in modern terms by Fergus Millar. So as not to clutter this
page, I omit the details of their first publication and cite only the titles of the
most relevant papers in volumes 2 and 3 of Rome, the Greek World and the East:
“Condemnation to hard labour in the Roman empire, from the Julio-Claudians to
Constantine”; “The equestrian career under the empire”; “P. Herennius
Dexippus: The Greek world and the third-century invasions”; “The imperial cult
and the persecutions”; “Italy and the Roman empire: Augustus to Constantine”;
“The Greek east and Roman law”; “Paul of Samosata, Zenobia, and Aurelian”;
and “Looking east from the classical world.”
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Index
adoption as mode of succession, ref1, ref2, ref3, ref4, ref5, ref6, ref7
Aemilianus, Aemilius, ref1, ref2
Aezani, ref1
Ahura Mazda, ref1
Aigeai, ref1
Albinus see Clodius Albinus
Alexander Severus, ref1, ref2, ref3, ref4
Alexandria, ref1, ref2
Anossa, ref1
Antimacheia, ref1
Antioch, ref1, ref2, ref3, ref4, ref5
Antonine Constitution, ref1, ref2
in legal history, ref1
in religious history, ref1
Antonine dynasty, ref1, ref2, ref3, ref4
Antoninus Pius, ref1, ref2
Aphrodisias, ref1, ref2, ref3
appeals, judicial, ref1, ref2, ref3, ref4
Aquileia, ref1, ref2, ref3
Arcadius Charisius, ref1
Arcadius, emperor, ref1
Ardashir, ref1, ref2, ref3, ref4, ref5
Armenia, ref1, ref2, ref3, ref4
army in politics, ref1, ref2, ref3, ref4; see also Praetorian Guard
Arsacids, ref1, ref2
Artabanus, ref1, ref2
Arval Brethren, ref1
assize courts, ref1
Athens, ref1, ref2
Augustodunum, ref1
Augustus, ref1, ref2
Aurelian (Marcus Aurelius Aurelianus), ref1; Figure 15
coinage reform, ref1
conquers Gallic empire, ref1
conquers Palmyra, ref1
cult of the sun and, ref1
treaty with Iuthungi, ref1
Aureolus, ref1, ref2, ref3, ref4
Balbinus, Domitius Caelius Calvinus, ref1
Ballista, ref1
Bassianus see Caracalla
Britain, ref1
Byzantium, ref1, ref2, ref3
Dacia, ref1
Danubian frontier, ref1, ref2, ref3, ref4, ref5, ref6, ref7
debasement of coinage, ref1, ref2, ref3, ref4
Decius Valerianus, Gaius Messius Quintus, ref1, ref2
edict of universal sacrifice, ref1
Dexippus of Athens, ref1, ref2, ref3
diaspora, ref1
Diocles, Gaius Valerius, ref1
Diocletian see Diocles
Dionysia, petition of, ref1
Dionysius of Alexandria, ref1, ref2
Dmeir, ref1, ref2
dynastic succession, ref1
finances, imperial, ref1, ref2, ref3, ref4; see also coinage; debasement
frontiers, ref1; see also Dacia; Danubian frontier; Gothic invasions; Rhine frontier
Kastellum, ref1
lectisternia, ref1
legal pluralism, ref1, ref2
legal procedure, ref1
legitimacy, legitimation, ref1, ref2, ref3, ref4, ref5, ref6, ref7
Lepcis Magna, ref1; Figures 4–6
Lex de imperio Vespasiani, ref1
libelli (certificates of compliance), ref1; Figure 11
Livy, ref1
Lugdunum, ref1
Macrianus, ref1
Macrinus, Marcus Opellius, ref1
Marcian (jurist), ref1
Marcus Annius Florianus, ref1
Marcus Aurelius, ref1, ref2
Mariades, ref1
Mark the Deacon, ref1
marriage, ref1
martyr acts, ref1, ref2, ref3; see also records of proceedings
Mauretania Caesariensis, ref1
Maximinus the Thracian (Julius Verus Maximinus), ref1, ref2, ref3
memory, official, in politics, ref1, ref2, ref3, ref4, ref5, ref6, ref7
Menander Rhetor, ref1
Menophilus, Tullius, ref1
milestones, ref1n, ref2, ref3, ref4
Miletus, ref1
military policy, ref1, ref2
millennium of Rome, ref1, ref2
money supply, ref1, ref2, ref3, ref4, ref5, ref6
Pacatianus, ref1
Paccia Marciana, ref1
Palmyra, ref1, ref2
Parthia, ref1, ref2, ref3, ref4, ref5, ref6
Perpetua and Felicitas, martyrs, ref1
Pertinax, Publius Helvius, ref1, ref2
Pescennius Niger, ref1, ref2, ref3
petitions, ref1, ref2; see also appeals
Philip the Arab, Figure 14
celebrates Millennium of Rome, ref1
names brother Priscus to command over east, ref1, ref2
names father-in-law to command in Europe, ref1, ref2
promoted to praetorian prefecture, ref1
repudiates treaty with Sapor, ref1, ref2
strikes treaty with Sapor, ref1
usurpations under, ref1
Philippopolis, ref1
Pionius of Smyrna, ref1
plague, ref1, ref2, ref3
Plautianus, Gaius Fulvius, ref1, ref2
Pliny, ref1, ref2
Plotinus, ref1
pluralism, religious, ref1, ref2
polis-religion, ref1
Pontianus, pope, ref1
Postumus, ref1, ref2
Praetorian Guard, ref1, ref2, ref3, ref4, ref5
Priscus, Julius, ref1, ref2, ref3, ref4, ref5
Probus, ref1
prosopography, ref1
Prymnessus, ref1
public/private distinction, ref1, ref2
Pupienus Maximus, Marcus Clodius, ref1
Quintullus, ref1
Vaballathus, ref1
Valerian, ref1, ref2; Figure 14
persecution under, ref1
Victorinus, ref1, ref2
Vologaeses, ref1
Zenobia, ref1
Zoroastrianism, ref1