Read Ebook: The Chautauquan Vol. 04 May 1884 No. 8 by Chautauqua Institution Chautauqua Literary And Scientific Circle Flood Theodore L Editor

Font size: 10 px 15 px 20 px 25 px 30 px 35 px

Background color: BlackWhiteGrayLight GrayDark GrayDim Gray

Text color: BlackWhiteGrayLight GrayDark GrayDim Gray

Apply/Save settings

Ebook has 673 lines and 87595 words, and 14 pages

Transcriber's Note: This table of contents of this periodical was created for the HTML version to aid the reader.

REQUIRED READING

FOR THE

MAY.

READINGS FROM ROMAN HISTORY.

SELECTED BY WILLIAM CLEAVER WILKINSON.

It has not been the compiler's purpose in these extracts to produce a continuous sketch of the history of Rome. That, in the space assigned, would be impossible. It has not been his purpose to present to readers incidents or events in Roman story judged to be the most important or the most striking of all that were open to his choice. That, too, would require more room than could here be commanded. His purpose has been simply, from the long historic panorama of Rome, to cut out a few pictures, at the same time interesting enough, compact enough, and complete enough within themselves, to deserve and to admit being shown to readers of THE CHAUTAUQUAN, in the comparatively small space that could be allotted to them in these columns.

We begin with a tale taken from the legendary part of Roman history. Livy tells it for us, Mr. George Baker being his English interpreter, a practical one and excellent. A war is in progress between the Romans and the Albans.

It happened that, in each of the armies, there were three twin brothers, between whom there was no disparity, in point of age, or of strength. That their names were Horatius and Curiatius, we have sufficient certainty, for no occurrence of antiquity has ever been more universally noticed; yet, notwithstanding that the fact is so well ascertained, there still remains a doubt respecting the names, to which nation the Horatii belonged, and to which the Curiatii; authors are divided on the point; finding, however, that the greater number concur in calling the Horatii Romans, I am inclined to follow them. To these three brothers, on each side, the kings proposed that they should support, by their arms, the honor of their respective countries, informing them that the sovereignty was to be enjoyed by that nation whose champions should prove victorious in the combat. No reluctance was shown on their parts, and time and place were appointed. Previous to the fight a league was made between the Romans and Albans, on these conditions: That, whichever of the two nations should, by its champions, obtain victory in the combat, that nation should, without further dispute, possess sovereign dominion over the other.

The league being concluded, the three brothers, on each side, pursuant to the agreement, took arms, the friends of each putting them in mind that "the gods of their country, the country itself, the whole of their countrymen, whether at home or in the army, rested on their prowess the decision of their fate." Naturally bold and courageous, and highly animated, beside, by such exhortations, they advanced into the midst, between the two armies. The two armies sat down before their respective camps, free from all apprehensions of immediate danger to themselves, but not from deep anxiety, no less than sovereign power being at stake, and depending on the bravery and success of so small a number. With all the eagerness, therefore, of anxious suspense, they fixed their attention on an exhibition which was far, indeed, from being a matter of mere amusement. The signal being given, the three youths, who had been drawn upon each side, as in battle array, their breasts animated with the magnanimous spirits of whole armies, rushed forward to the fight, intent on mutual slaughter, utterly thoughtless of their own personal peril, and reflecting that, on the event of the contest, depended the future fate and fortune of their respective countries. On the first onset, as soon as the clash of their arms and the glittering of their swords were perceived, the spectators shuddered with excess of horror, and their hopes being, as yet, equally balanced, their voices were suppressed, and even their breath was suspended. Afterward, in the progress of the combat, during which not only the activity of the young men's limbs, and the rapid motions of their arms, offensive and defensive, but wounds also, and blood, were exhibited to view, the three Albans were wounded, and two of the Romans fell lifeless, one over the other. On their fall the Alban army set up a shout of joy, while the Roman legions were in a state of the most painful anxiety, almost bereft of hope, and reduced to a state of despair by the situation of their champion, who was now surrounded by the three Curiatii. It happened that he was unhurt, so that, though singly he was by no means a match for them altogether, yet was he confident of success against each of them, separately. In order, therefore, to avoid their joint attack, he betook himself to flight, judging that they would pursue with such different degrees of speed as their wounds would allow. He had now fled to some distance from the place where they had fought, when, looking back, he perceived that there were large intervals between the pursuers, and that one was at no great distance from him; against him he turned back, with great fury, and while the Alban army called out to the Curiatii to succor their brother, Horatius having in the meantime slain his antagonist, proceeded, victorious, to attack the second. The Romans then cheered their champion with shouts of applause, such as naturally burst forth on occasions of unexpected joy; on his part, he delayed not to put an end to the combat; for, before the third, who was at no great distance, could come up to the relief of his brother, he dispatched the second Curiatius. And now they were brought to an equality, in point of number, only one on each side surviving, but were far from an equality either in hopes or in strength; the one, unhurt, and flushed with two victories, advanced with confidence to the third contest; the other, enfeebled by a wound, fatigued with running, and dispirited, beside, by the fate of his brethren already slain, met the victorious enemy. What followed could not be called a fight; the Roman, exulting, cried out: "Two of you have I offered to the shades of my brothers, the third I will offer to the cause in which we are engaged, that the Roman may rule over the Alban;" and, whilst the other could scarcely support the weight of his armor, he plunged his sword downward into his throat; then as he lay prostrate, he despoiled him of his arms. The Romans received Horatius with triumphant congratulations, and a degree of joy proportioned to the greatness of the danger that had threatened their cause. Both parties then applied themselves to the burying of their dead, with very different dispositions of mind; the one being elated with the acquisition of empire, the other depressed under a foreign jurisdiction. The sepulchers still remain, in the several spots where the combatants fell: those of the two Romans in one place, nearer to Alba, those of the three Albans on the side next to Rome; but in different places, as they fought.

Do our readers wonder that Byron speaks of Livy's "pictured page?" We advance immediately to the beginning of authentic Roman history--the date of the war between Pyrrhus and Rome. Our historian shall be the German, Wilhelm Ihne , who, however, writes himself directly in English. He is still later than Mommsen, and far more judicial than he.

THE EMBASSY OF CINEAS TO ROME.

The embassy of Cineas to Rome was celebrated in antiquity and was a favorite topic for rhetorical declamation. It is said that he took with him beautiful presents for men and women, but offered them in vain. Rome, which in a later time the Numidian king Jugurtha declared to be ready to sell itself if only a purchaser could be found, was still, as is related, pure and virtuous. It was the time of Manius Curius, the conqueror of the Samnites, who, sitting by his own hearth and eating his simple peasant's food, had proudly rejected the tempting presents of the Samnites; it was the time when C. Cornelius Rufinus was cast out of the senate by the censors because he had silver plate to the weight of ten pounds in his use. And was not Fabricius, the first soldier and statesman of his time, a pattern of simplicity and contentment, and superior to all temptation? What a contrast to the mercenary Greeks, whose greatest patriots and statesmen were publicly accused of bribery, and were compelled to defend themselves against such charges before the public tribunals! But Cineas was a shrewd, experienced negotiator. Where one scheme failed, he tried another. He discovered the point where the stout Romans were vulnerable. He flattered their pride. On the second day after his arrival he knew the names of all the senators and knights, and had something obliging to say to each. He visited the influential men in their houses, to get them secretly to favor his propositions. At length, when he appeared in the senate and made known his commission, when he brought offers of peace and friendship from the powerful king of Epirus, the redoubted warrior, the victor of Heraclea, the senate wavered in its decision; the deliberations lasted many days, and it appeared that the advice of those would prevail whose courage was damped and whose confidence was small. At that critical moment, the blind Appius Claudius, bowed down with age and infirmity, appeared, supported by his sons, in the solemn assembly. He had for some years retired from public life, but his haughty temper could not brook the idea that Rome should accept laws from a foreign conqueror. The Claudian pride which animated him was the genuine Roman pride, the first national virtue. He summoned all his strength once more to raise his voice in that council which he had so often swayed by his wisdom, and had subdued by his indomitable will. As if from the grave, and as if inspired by the genius of a better time, his words, echoing in the ears of the breathless assembly, scared away all pusillanimous considerations and infused the spirit of resistance which animated the men of Rome when, from the height of the capitol, they beheld the Gaulish conquerors rioting in the ruins of their town. The speech of Appius Claudius was a monument of a glorious time, the contemplation of which warmed and inspired succeeding generations. It is the first speech of the contents of which there has been preserved a substantially correct report. Later generations believed they possessed even the exact words, and Cicero speaks of it as of a literary composition of acknowledged authenticity. This view is hardly tenable; but it may be believed that the general purport and some of the arguments of the speech were faithfully preserved in the Claudian family books, and we can not deny ourselves the pleasure of listening to the faint echo which introduces us for the first time into the immediate presence of the most august assembly of the old world.

According to the tradition, Appius spoke something as follows: "Hitherto, assembled fathers, I used to mourn that I was deprived of the light of the eye; now, however, I should consider myself happy if, in addition to that, I had lost the sense of hearing, that I might not hear the disgraceful counsels which are here publicly proposed, to the shame of the Roman name. How are you changed from your former estate! Whither have your pride and your courage flown? You that boasted you would have opposed the great Alexander himself if, in the period of your youth, he had dared to invade Italy; that he would have lost in battle against you the fame of the invincible, and would have found defeat or death in Italy, to the glory of the Roman name--you now show that all this was nothing but vain boasting; for you fear now the Chaonians and Molossians, who have always been the spoil of the Macedonians, and you tremble before Pyrrhus, who passed his life in the service of one of Alexander's satellites. Thus one single misfortune has made you forget what you once were. And you are going to make him who is the author of your shame your friend, together with those who brought him over to Italy. What your fathers won by the sword, you will deliver up to the Lucanians and the Bruttians. What is this but making yourselves servants of the Macedonians? And some of you are not ashamed to call that peace which is really slavery!"

When Appius had spoken, the negotiations with Cineas were broken off. He was warned immediately to leave the town, and to inform his king that there could be no idea of peace and friendship between him and the Roman people until he had left the shores of Italy. That was the answer of a people conquered, but not broken in spirit; a people prepared to stand up for their honor and their greatness, even to the last man. The impression which the Romans made on Cineas is described as very powerful. It is said that he compared the town of Rome to a temple, and the senators to kings. Indeed, the dignity, the calmness, and firmness of the Roman people could not have failed to convince him that the Romans were barbarians of a peculiar type; although in refinement and polish, in art and the higher enjoyments of life below the Greeks, still as citizens and soldiers very superior to them. The day of Heraclea was far from damping their courage. A new army was formed in Rome, probably under Cineas's own eyes, from volunteers, who, full of enthusiasm, poured thither from all parts to fill up the gaps.

Let Dr. Thomas Arnold be compared with Ihne, at this point of the history, and a curiously instinctive contradiction appears. Both historians refer, for their authority, to precisely the same passages in two different works by Cicero; but whereas Ihne, as our readers have seen, makes Cicero in them vouch for the authenticity of Appius Claudius's speech, Arnold, on the other hand, makes him regard it as utterly unworthy of trust! But Arnold adds a comment that our readers will like to see.

No Englishman can have read thus far without remembering the scene, in all points so similar, which took place within our fathers' memory in our own House of Parliament. We recollect how the greatest of English statesmen, bowed down by years and infirmity, like Appius, but roused, like him, by the dread of approaching dishonor to the English name, was led by his son and son-in-law into the House of Lords, and all the peers with one impulse arose to receive him. We know the expiring words of that mighty voice, when he protested against the dismemberment of this ancient monarchy, and prayed that if England must fall, she might fall with honor. The real speech of Lord Chatham against yielding to the coalition of France and America, will give a far more lively image of what was said by the blind Appius in the Roman senate, than any fictitious oration which I could either copy from other writers or endeavor myself to invent; and those who would wish to know how Appius spoke, should read the dying words of the great orator of England.

Plutarch, Pyrrh, 18. According to Zonaras, however , the attempts at corruption were not fruitless.

COMMERCIAL LAW.

How known? Unfortunately, this is not always easily determined, as much expensive litigation is continually demonstrating. There are two general divisions of property, which we designate as real and personal.

Land is real property, or real estate. Stocks, lumber, evidences of debt, and all that property which is classed as movable is personal estate. Personal estate may become real estate. How? Take lumber, bricks, etc., which are personal property, and therewith construct a house, and locate it, with stone or brick foundation, on your land. The personal property, so used, merges its lesser title in that of the greater, that of the land on which it is placed, and becomes with the land real estate, subject to real estate law as regards taxation, transfer, and in fact every essential feature. Whence comes the original ownership? First by right of discovery; next by royal grant, and by purchase, and then by descent and purchase. It is our purpose to consider this transfer by purchase. This being accomplished through the medium of a deed, we pass on to mention a few of its characteristics. This document is the evidence of a sale and conveyance of certain real estate, which should therein be accurately described. There is a recognized form of deed in general use, which although containing a few seeming superfluous words, according to the ideas of an occasional iconoclast, is yet safe; and this blank, which may be purchased of publishers, is the one to use. Lack of space will not permit an analysis of a deed, but we will endeavor to explain its execution. The deed must be signed by the party or parties making the sale; must be sealed, acknowledged, witnessed , delivered and recorded. The deed should be written in ink. The writing should be plain, since it is written to be read, a fact sometimes seemingly overlooked. The description and all the clerical work should be completed and accurately completed before signing, since no change is legitimate, if made after signature has been attached. The witnesses should see the grantor sign his name, and then sign themselves. A corporation making a transfer does it by its president or treasurer, who signs in this way:

On writing deeds remember:

That the price paid is ordinarily stated in the deed. The exact amount need not be mentioned. It may read "In consideration of one dollar." The amount named is not conclusive evidence of amount paid;

That the description should be accurate. It is quite common to find very imperfect descriptions, but this is wrong, and is the cause of much trouble. In addition to description, refer to previous deeds, by giving book and page; wherein recorded in the Registry of Deeds;

That a deed should describe the incumbrances, if any there be. If any such exist, and the deed is silent regarding them, the grantor is selling that which does not belong to him, a species of business activity which the law does not encourage;

That, if the grantor be a married man, his wife should sign the deed, relinquishing her interest in the property, commonly called dower;

That either a warranty or quit-claim deed transfers the owner's entire interest in the real estate; but while by the former the grantor warrants the title and engages to defend the same "against the lawful claims and demands of all persons," by the latter he avoids all such personal liability. Therefore if property be free from incumbrances a quit-claim is as good as a warranty deed; notwithstanding this, a purchaser had better insist on having the latter in every case;

That deeds should be recorded in the Registry of the county in which the real estate is located.

MORTGAGES--Real Estate.

A mortgage is a transfer made with intent of giving mortgagee security for money loaned or a debt in some way incurred. The mortgage is a deed conveying to the mortgagee the owner's title to the estate granted in just the same way and with same formalities as a regular deed of transfer, subject to one condition, which is, that the mortgage deed shall be void if the amount therein specified is paid at the stated time.

After the delivery of the mortgage deed the relative standing of the parties is this:

The mortgagee:

Unless the right is specially waived in the deed, he may enter and take possession. He is therefore the owner subject to a condition, and has in him the right of possession;

He may sell and assign to a third party his interest in the mortgaged property, investing such person with all his rights therein;

When the stated time for payment, whether of principal or interest, has elapsed, and the conditions have not been complied with, foreclosure of mortgage may be commenced, and at the expiration of three years from such commencement, he may take absolute possession of the estate, unless mortgagor redeems it within that time;

He may insure mortgaged premises for his own protection.

The mortgagor:

He is not in possession of mortgaged premises by right, unless by special permission;

He must pay all amounts designated in the mortgage deed, at the time therein specified;

He may redeem the property at any time within three years after commencement of foreclosure, by paying amount due; with interest and legal costs.

He may sell his remaining interest , after mortgage transfer, or procure other mortgages on same property.

Personal Property.

Mortgages of personal property are much more informal in their execution than similar transfers of real estate. The transfer is a complete change of ownership title, with similar conditional clause, relative to payment, to that of a mortgage deed.

The several states make provisions for record of these conveyances, which are to be observed in order to insure the proper security of mortgagee's title, since record has same significance with personal as with real estate mortgage transfers.

A farther analogy may be found in the fact of a right of foreclosure and equity of redemption.

Wills.

If at any time we were to say that "Every man his own lawyer" would be giving to some very poor assistance, we think the suggestion would be eminently proper here. This is not the word of discouragement, but of caution, else the practicability of these articles, which is the theory leading to their publication, might with propriety be questioned. There is no department of legal work where more skill and care may be demanded than in this. But though care is ever to be exercised, not always is superior skill necessary, for one may desire a very simple and direct disposition of his property, and this may be done if only the formalities are observed, by one not conversant with the niceties of law points, and done in such a proper and regular manner that all complications will be avoided. But where different interests are to be carved out of an estate, then the execution of it requires skill and experience.

Quite generally eighteen years for males and sixteen for females are designated as proper ages. Children not mentioned in a will, unless provided for in testator's lifetime, are presumed to have been accidentally omitted, and take same share of the estate as they would if there had been no will. It will therefore be readily seen that if omission was intentional, testator's design would be defeated. Whenever such omission of gift to a child is designed it should be particularly mentioned in the will.

A codicil is simply an addition to or change in the will, and should be attached to the original, and executed with same formalities.

In making a will be careful to observe:

That the person is of proper age and sound mind;

Share on: WhatsApp @Hash Facebook Tweet