If they do not take the oath, the stipulated price is not to be paid." It is tacitly assumed that the contract is taken by a company, not by an individual capitalist.
27. III. XIII. Religious Economy
28. Livy (xxi. 63; comp. Cic. Verr. v. 18, 45) mentions only the enactment as to the sea-going vessels; but Asconius (in Or. in toga cand. p. 94, Orell.) and Dio. (lv. 10, 5) state that the senator was also forbidden by law to undertake state-contracts (-redemptiones-); and, as according to Livy "all speculation was considered unseemly for a senator," the Claudian law probably reached further than he states.
29. Cato, like every other Roman, invested a part of his means in the breeding of cattle, and in commercial and other undertakings. But it was not his habit directly to violate the laws; he neither speculated in state-leases--which as a senator he was not allowed to do--nor practised usury. It is an injustice to charge him with a practice in the latter respect at variance with his theory; the -fenus nauticum-, in which he certainly engaged, was not a branch of usury prohibited by the law; it really formed an essential part of the business of chartering and freighting vessels.
Chapter XIII
Faith And Manners
Roman Austerity And Roman Pride
Life in the case of the Roman was spent under conditions of austere restraint, and, the nobler he was, the less he was a free man. All-powerful custom restricted him to a narrow range of thought and action; and to have led a serious and strict or, to use the characteristic Latin expressions, a sad and severe life, was his glory. No one had more and no one had less to do than to keep his household in good order and manfully bear his part of counsel and action in public affairs. But, while the individual had neither the wish nor the power to be aught else than a member of the community, the glory and the might of that community were felt by every individual burgess as a personal possession to be transmitted along with his name and his homestead to his posterity; and thus, as one generation after another was laid in the tomb and each in succession added its fresh contribution to the stock of ancient honours, the collective sense of dignity in the noble families of Rome swelled into that mighty civic pride, the like of which the earth has never seen again, and the traces of which, as strange as they are grand, seem to us, wherever we meet them, to belong as it were to another world. It was one of the characteristic peculiarities of this powerful sense of citizenship, that it was, while not suppressed, yet compelled by the rigid simplicity and equality that prevailed among the citizens to remain locked up within the breast during life, and was only allowed to find expression after death; but then it was displayed in the funeral rites of the man of distinction so conspicuously and intensely, that this ceremonial is better fitted than any other phenomenon of Roman life to give to us who live in later times a glimpse of that wonderful spirit of the Romans.
A Roman Funeral
It was a singular procession, at which the burgesses were invited to be present by the summons of the public crier: "Yonder warrior is dead; whoever can, let him come to escort Lucius Aemilius; he is borne forth from his house." It was opened by bands of wailing women, musicians, and dancers; one of the latter was dressed out and furnished with a mask after the likeness of the deceased, and by gesture doubtless and action recalled once more to the multitude the appearance of the well-known man. Then followed the grandest and most peculiar part of the solemnity--the procession of ancestors--before which all the rest of the pageant so faded in comparison, that men of rank of the true Roman type enjoined their heirs to restrict the funeral ceremony to that procession alone. We have already mentioned that the face-masks of those ancestors who had filled the curule aedileship or any higher ordinary magistracy, wrought in wax and painted--modelled as far as possible after life, but not wanting even for the earlier ages up to and beyond the time of the kings--were wont to be placed in wooden niches along the walls of the family hall, and were regarded as the chief ornament of the house. When a death occurred in the family, suitable persons, chiefly actors, were dressed up with these face-masks and the corresponding official costume to take part in the funeral ceremony, so that the ancestors--each in the principal dress worn by him in his lifetime, the triumphator in his gold-embroidered, the censor in his purple, and the consul in his purple-bordered, robe, with their lictors and the other insignia of office--all in chariots gave the final escort to the dead. On the bier overspread with massive purple and gold-embroidered coverlets and fine linen cloths lay the deceased himself, likewise in the full costume of the highest office which he had filled, and surrounded by the armour of the enemies whom he had slain and by the chaplets which in jest or earnest he had won. Behind the bier came the mourners, all dressed in black and without ornament, the sons of the deceased with their heads veiled, the daughters without veil, the relatives and clansmen, the friends, the clients and freedmen. Thus the procession passed on to the Forum. There the corpse was placed in an erect position; the ancestors descended from their chariots and seated themselves in the curule chairs; and the son or nearest gentile kinsman of the deceased ascended the rostra, in order to announce to the assembled multitude in simple recital the names and deeds of each of the men sitting in a circle around him and, last of all, those of him who had recently died.
This may be called a barbarous custom, and a nation of artistic feelings would certainly not have tolerated the continuance of this odd resurrection of the dead down to an epoch of fully-developed civilization; but even Greeks who were very dispassionate and but little disposed to reverence, such as Polybius, were greatly impressed by the naive pomp of this funeral ceremony.