No More Learning

The history of Rome; tr. with the sanction of the author by William
Purdie Dickson.
Mommsen, Theodor, 1817-1903. New York, Scribner, 1905.
http://hdl. handle. net/2027/njp. 32101075685998
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Orients
THE HISTORY OF
ROME MOMMSEN
THE
HISTORY OF ROME
BY
THEODOR MOMMSEN
TRANSLATED
WITH THE SANCTION OF THE AUTHOR
BY
WILLIAM PURDIE DICKSON, D. D. , PROFESSOR OF DIVINITY IN TUX UNIVERSITY OP GLASGOW
A NEW EDITION REVISED THROUGHOUT AND EMBODYING RECENT ADDITIONS
VOL. Ill
NEW YORK
CHARLES SCRIBNER'S SONS
1905
LL. D.
CONTENTS
BOOK THIRD
From the Union of Italy to the Subjugation of Carthage and the Greek States — Continued
CHAPTER XI The Government and the Governed
MOB 3
. . . CHAPTER XII
The Management of Land and op Capital
CHAPTER XIII Faith and Manners .
CHAPTER XIV Literature and Art . . .
BOOK FOURTH The Revolution
CHAPTER I
Thjc Subject Countries down to the Times op the GRACCHI
313
. .
64
104
. 139
Yi CONTENTS
CHAPTER II
The Reform Movement and Tiberius Gracchus .
CHAPTER III The Revolution and Gaius Gracchus
CHAPTER IV The Rule of the Restoration .
CHAPTER V The Peoples of the North .
CHAPTER VI
. . .
. .
. . ' .
WAam 297
334
371
414
. . . . . .
The Attempt of Marius at Revolution, and the Attempt of Drusus at Reform . . .
452
490
Revolution
CHAPTER VII
The Revolt of the Italian Subjects, and the Sulpician
VOL. HI
66
BOOK THIRD
FROM THE UNION OF ITALY TO THE
OF CARTHAGE AND THE GREEK STATES
SUBJUGATION
Continued
CHAPTER XI
THE GOVERNMENT AND THE GOVERNED
The fall of the patriciate by no means divested the Roman Formation commonwealth of its aristocratic character. We have Z^SUL
parties. already 393) indicated that the plebeian party carried
within that character from the first as well as, and in some sense still more decidedly than, the patriciate; for, while in the old body of burgesses an absolute equality of rights prevailed, the new constitution set out from dis tinction between the senatorial houses who were privileged in point of burgess rights and of burgess usufructs, and the mass of the other citizens. Immediately, therefore, on the abolition of the patriciate and the formal establishment of civic equality, a new aristocracy and corresponding opposition were formed and we have already shown how
the former engrafted itself as were on the fallen patrici ate, and how, accordingly, the first movements of the new party of progress were mixed up with the last movements of the old opposition between the orders 394). The formation of these new parties began in the fifth century, but they assumed their definite shape only in the century which followed. The development of this internal change
as were, drowned amidst the noise of the great wars and victories, and not merely so, but the process of for mation in this case more withdrawn from view than any
it it
it (i.
is,
(i.
a
it
;
a
THE GOVERNMENT AND THE GOVERNED book ill
other in Roman history. Like a crust of ice gathering imperceptibly over the surface of a stream and imp^ ' »p- tibly confining it more and more, this new Roman ; aristo cracy silently arose; and not less imperceptibly, like the current concealing itself beneath and slowly extending, there arose in opposition to it the new party of progress. It is very difficult to sum up in a general historical view the several, individually insignificant, traces of these two antagonistic movements, which do not for the present yield their historical product in any distinct actual cata strophe. But the freedom hitherto enjoyed in the common wealth was undermined, and the foundation for future revolutions was laid, during this epoch ; and the delineation of these as well as of the development of Rome in general would remain imperfect, if we should fail to give some idea of the strength of that encrusting ice, of the growth of the current beneath, and of the fearful moaning and cracking that foretold the mighty breaking up which was at hand.
The Roman nobility attached itself, in form, to earlier institutions belonging to the times of the patriciate. Persons who once had filled the highest ordinary magistracies of the state not only, as a matter of course, practically enjoyed all along a higher honour, but also had at an early period
certain honorary privileges associated with their position. The most ancient of these was doubtless the permission given to the descendants of such magistrates to place the wax images of these illustrious ancestors after their death in the family hall, along the wall where the pedigree was painted, and to have these images carried, on occasion of the death of members of the family, in the funeral pro cession 373). To appreciate the importance of this distinction, we must recollect that the honouring of images was regarded in the Italo-Hellenic view as unrepublican,
and on that account the Roman state-police did not at all tolerate the exhibition of effigies of the living, and strictly
4
Germs of the
nobility in the
patriciate.
(i.
chap, XI THE GOVERNMENT AND THE GOVERNED
that of effigies of the dead. With this pri. e were associated various external insignia, reserved by la\ or custom for such magistrates and their descendants :
superintended
—the golden finger-ring of the men, the silver-mounted trappings of the youths, the purple border on the toga and the golden amulet-case of the boys 1 — trifling matters, but still important in a community where civic equality even in external appearance was so strictly adhered to
392), and where, even during the second Punic war, burgess
was arrested and kept for years in prison because he had appeared in public, in manner not sanctioned by law, with a garland of roses upon his head. 2
J
These distinctions may perhaps have already existed
Patrick* partially in the time of the patrician government, and, so SjSSjf?
as families of higher and humbler rank were
long
distinguished
external insignia for the former but they certainly only acquired political importance in consequence of the change
All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates although, after the manner of such decorations, all of them in course of time were extended to a wider circle. This can be distinctly proved in the case of the gold finger-ring, which in the fifth century was worn only by the nobility (Plin. H. N. , xxxiii. 18), in the sixth by every senator and senator's son (Liv. xxvi. 36), in the seventh by every one of equestrian rank, under the empire by every one who was of free birth. So also with the silver trappings, which still, in the second Punic war, formed a badge of the nobility alone (Liv. xxvi. 37) and with the purple border of the boys' toga, which at first was granted only to the sons of curule magistrates, then to the sons of equites, afterwards to those of all free-born persons, lastly — yet as early as the time of the second Punic war— even to the sons of freedmen (Macrob. Sat. 6). The golden amulet-case (bulla) was a badge of the children of senators in the time of the second Punic war (Macrob. I. e. Liv. xxvi. 36), in that of Cicero as the badge of the
children of the equestrian order (Cic. Verr. 58, 152), whereas children of inferior rank wore the leathern amulet (lorum). The purple stripe (clavus) on the tunic was a badge of the senators 99) and of the equites, so that at least in later times the former wore broad, the latter narrow with the nobility the clavus had nothing to do.
Plin. H. N. xxi. 3, 6. The right to appear crowned in public wai acquired by distinction in war (Polyb. vi. 39, Liv. x. 47) consequently, the wearing a crown without warrant was an offence similar to the assumption, in the present day, of the badge of a military order of merit without due title,
within the patriciate, may have served as
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6 THE GOVERNMENT AND THE GOVERNED book in
867. of constitution in 387, by which the plebeian families that attained the consulate were placed on a footing of equal privilege with the patrician families, all of whom were now probably entitled to carry images of their ancestors. Moreover, it was now settled that the offices of state to which these hereditary privileges were attached should in clude neither the lower nor the extraordinary magistracies nor the tribunate of the plebs, but merely the consulship, the praetorship which stood on the same level with it
383), and the curule aedileship, which bore part in the adminis
tration of public justice and consequently in the exercise of the sovereign powers of the state. 1 Although this plebeian nobility, in the strict sense of the term, could only be formed after the curule offices were opened to plebeians, yet exhibited in short time, not at the very first, certain compactness of organization —doubtless because such nobility had long been prefigured in the old senatorial plebeian families. The result of the Licinian laws in
reality therefore amounted nearly to what we should now call the creation of batch of peers. Now that the plebeian families ennobled by their curule ancestors were united into one body with the patrician families and acquired distinctive position and distinguished power in the commonwealth, the Romans had again arrived at the point whence they had started there was once more not merely governing aristocracy and
hereditary nobility —both of which in fact had never disappeared — but there was governing hereditary nobility, and the feud
Thus there remained excluded the military tribunate with consular powers 371), the proconsulship, the quaestorship, the tribunate of the people, and several others. As to the censorship, does not appear, not withstanding the curule chair of the censors (Liv. xl. 45 comp. xxvii. 8), to have been reckoned a curule office for the later period, however, when only man of consular standing could be made censor, the question has no practical importance. The plebeian aedileship certainly was not reckoned originally one of the curule magistracies (Liv. xxiii. 33)
however, have been subsequently included amongst them.
may,
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chap, xi THE GOVERNMENT AND THE GOVERNED 7
between the gentes in possession of the government and the commons rising in revolt against the gentes could not but begin afresh. And matters very soon reached that
The nobility was not content with its honorary privileges which were matters of comparative indifference, but strove after separate and sole political power, and sought to convert the most important institutions of the state—the senate and the equestrian order—from organs of the commonwealth into organs of the plebeio-patrician aristocracy.
The dependence de jure of the Roman senate of the The
stage.
more especially of the larger patricio-plebeian senate, on the magistracy had rapidly become lax, and had °f "* in fact been converted into independence. The subordi
nation of the public magistracies to the state -council, introduced by the revolution of 244 337); the trans- 510. ference of the right of summoning men to the senate from
the consul to the censor 375) lastly, and above all, the
legal recognition of the right of those who had been curule magistrates to seat and vote in the senate 407), had converted the senate from council summoned the
magistrates and in many respects dependent on them into governing corporation virtually independent, and in certain sense filling up its own ranks for the two modes
which its members obtained admission —election to curule office and summoning by the censor—were both virtually in the power of the governing board itself. The burgesses, no doubt, at this epoch were still too independ ent to allow the entire exclusion of non-nobles from the senate, and the nobility were perhaps still too judicious even to wish for this but, owing to the strictly aristocratic gradations in the senate itself — in which those who had been curule magistrates were sharply distinguished, accord ing to their respective classes of consulares, prattorii, and aedilicii, from the senators who had not entered the senate
republic,
j^^eJion
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;
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The nobility in possession of the equestrian centuries.
8 THE GOVERNMENT AND THE GOVERNED book hi
through a curule office and were therefore excluded from debate —the non-nobles, although they probably sat in considerable numbers in the senate, were reduced to an insignificant and comparatively uninfluential position in
and the senate became substantially mainstay of the nobility.
The institution of the equites was developed into a second, less important but yet far from unimportant, organ of the nobility. As the new hereditary nobility had not the power to usurp sole possession of the comitia, necessarily became in the highest degree desirable that should obtain at least separate position within the body representing the community. In the assembly of the tribes there was no method of managing this; but the equestrian centuries under the Servian organization seemed as were created for the very purpose. The 1800 horses which the community furnished1 were constitutionally
The current hypothesis, according to which the six centuries of the nobility alone amounted to 1200, and the whole equestrian force accordingly to 3600 horse, not tenable. The method of determining the number of the equites by the number of duplications specified by the annalists mistaken in fact, each of these statements has originated and
to be explained by itself. But there no evidence either for the first number, which only found in the passage of Cicero, Dt Jiep. ii. 20, acknowledged as miswritten even by the champions of this view, or for the second, which does not appear at all in ancient authors. In favour, on the other hand, of the hypothesis set forth in the text, we have, first of all, the number as indicated not by authorities, but by the institutions themselves for certain that the century numbered 100 men, and there were originally three 90), then six 107), and lastly after the Servian reform eighteen 116), equestrian centuries. The deviations of the authorities from this view are only apparent. The old self-consistent tradition, which Becker has developed (ii. 1, 243), reckons not the eighteen patricio-plebeian, but the six patrician, centuries at 1800 men and this has been manifestly followed by Livy, 36 (according to the reading which alone has manuscript authority, and which ought not to be corrected from Livy's particular estimates), and by Cicero I. e. (according to the only reading grammatically admissible, MDCCC. see Becker, ii. 1,
But Cicero at the same time indicates very plainly, that in that statement he intended to describe the then existing amount of the Roman equites in general. The number of the whole body has therefore been transferred to the most prominent portion of by prolepsis, such as common in the case of the old annalists not too much given to reflection
244).
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chap, xi THE GOVERNMENT AND THE GOVERNED
9
of likewise by the censors. It was, no doubt, the duty of these to select the equites on military grounds and at their musters to insist that all horsemen incapacitated by age or otherwise, or at all unserviceable, should surrender their public horse; but the very nature of the institution implied that the equestrian horses should be given especially to men of means, and it was not at all easy to hinder the censors from looking to genteel birth more than to capacity, and from allowing men of standing who were once admitted, senators particularly, to retain their horse beyond the proper time. Perhaps it was even fixed by law that the senator might retain it as long as he wished. Accordingly it became at least practically the rule for the senators to vote in the eighteen equestrian centuries, and the other places in these were assigned chiefly to the young men of the
The military system, of course, suffered from this not so much through the unfitness for effective service of no small part of the legionary cavalry, as through the destruction of military equality to which the change gave rise, inasmuch as the young men of rank more and more withdrew from
just in the same way 300 equites instead of 100 are assigned to the parent-community, including, by anticipation, the contingents of the Tities and the Luceres (Becker, 1, 238). Lastly, the proposition of Cato (p. 66, Jordan), to raise the number of the horses of the equites to aaoo, as distinct a confirmation of the view proposed above, as a distinct refutation of the opposite view. The closed number of the equites probably continued to subsist down to Sulla's time, when with the de facto abeyance of the censorship the basis of fell away, and to all appearance in place of the censorial bestowal of the equestrian horse came its acquisition by hereditary right thenceforth the senator's son was by birth an eques. Alongside, however, of this closed equestrian body, the equites tquo publico, stood from an early period of the republic the burgesses bound to render mounted service on their own horses, who are nothing but the highest class of the census they do not vote in the equestrian centuries, but are regarded otherwise as equites, and lay claim likewise to the honorary privileges of the equestrian order.
In the arrangement of Augustus the senatorial houses retained the hereditary equestrian right but by its side the censorial bestowal of the equestrian horse renewed as prerogative of the emperor and without restriction to definite time, and thereby the designation of equites for the first class of the census as such falls into abeyance.
disposed
nobility.
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service in the infantry. The closed aristocratic corps of the equites proper came to set the tone for the whole legionary cavalry, taken from the citizens who were of highest position by descent and wealth. This enables us in some degree to understand why the equites during the Sicilian war refused to obey the order of the consul Gaius Aurelius Cotta that they should work at the trenches with
*BS. the legionaries (502), and why Cato, when commander-in- chief of the army in Spain, found himself under the necessity of addressing a severe reprimand to his cavalry. But this conversion of the burgess-cavalry into a mounted guard of nobles redounded not more decidedly to the injury of the commonwealth than to the advantage of the nobility, which acquired in the eighteen equestrian centuries a suffrage not merely separate but giving the tone to the rest.
Of a kindred character was the formal separation of the places assigned to the senatorial order from those occupied the theatre, by the rest of the multitude as spectators at the national
festivals. It was the great Scipio, who effected this change 194. in his second consulship in 560. The national festival was as much an assembly of the people as were the centuries convoked for voting ; and the circumstance that
the former had no resolutions to pass made the official announcement of a distinction between the ruling order and the body of subjects —which the separation implied —. all the more significant. The innovation accordingly met with much censure even from the ruling class, because it was simply invidious and not useful, and because it gave a very manifest contradiction to the efforts of the more prudent portion of the aristocracy to conceal their exclusive government under the forms of civil equality.
These circumstances explain, why the censorship became prop of dw tne piyot of tne kter republican constitution ; why an nobility. office, originally standing by no means in the first rank,
chap, xi THE GOVERNMENT AND THE GOVERNED II
came to be gradually invested with external insignia which did
not at all belong to it in itself and with an altogether unique aristocratic-republican glory, and was viewed as the crown
and completion of a well-conducted public career; and why the government looked upon every attempt of the opposition to introduce their men into this office, or even
to hold the censor responsible to the people for his ad ministration during or after his term of office, as an attack
on their palladium, and presented a united front of re sistance to every such attempt. It is sufficient in this respect to mention the storm which the candidature of Cato for the censorship provoked, and the measures, so extraordinarily reckless and in violation of all form, by which the senate prevented the judicial prosecution of
the two unpopular censors of the year 550. But with 204. their magnifying the glory of the censorship the government combined a characteristic distrust of this, their most impor
tant and for that very reason most dangerous, instrument. It was thoroughly necessary to leave to the censors absolute control over the personal composition of the senate and the equites ; for the right of exclusion could not well be separated from the right of summoning, and it was indispensable to retain such a right, not so much for the purpose of removing from the senate capable men of the opposition —a course which the smooth -going government of that age cautiously avoided —as for the purpose of pre serving around the aristocracy that moral halo, without which it must have speedily become a prey to the opposition. The right of ejection was retained ; but what they chiefly needed was the glitter of the naked blade—the edge of which they feared, they took care to blunt. —Besides the check involved in the nature of the office under which the lists of the members of the aristocratic corporations were liable to revision only at intervals of five years —and besides the limitations resulting
/'
it,
Remodel ling of the constitu tion according to the
mainly based on the senate, the equites, and the censorship —the nobility not only usurped in substance the government, but also remodelled the constitution according to their own views. It was
12 THE GOVERNMENT AND THE GOVERNED book hi
from the right of veto vested in the colleague and the
of cancelling vested in the successor, there was added a farther check which exercised a very sensible influence; a usage equivalent to law made it the duty of the censor not to erase from the list any senator or knight without specifying in writing the grounds for his decision, or, in other words, adopting, as a rule, a quasi-judicial procedure. —
right
In this political position
views of the part of their policy, with a view to keep up the appreciation nobility. of the public magistracies, to add to the number of these as little as possible, and to keep it far below what was
required by the extension of territory and the increase of
Inadequate business. Only the most urgent exigencies were barely
number of met by the division of the judicial functions hitherto
— discharged by a single praetor between two judges one
of whom tried the lawsuits between Roman burgesses,
and the other those that arose between non-burgesses or 243. between burgess and non-burgess —in 511, and by the
nomination of four auxiliary consuls for the four trans 227. marine provinces of Sicily (527), Sardinia including Corsica
227. 197. (527), and Hither and Further Spain (557). The far too summary mode of initiating processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
magis trates.
Election of officers is the comitia.
iWcVtttp '98
Orients
THE HISTORY OF
ROME MOMMSEN
THE
HISTORY OF ROME
BY
THEODOR MOMMSEN
TRANSLATED
WITH THE SANCTION OF THE AUTHOR
BY
WILLIAM PURDIE DICKSON, D. D. , PROFESSOR OF DIVINITY IN TUX UNIVERSITY OP GLASGOW
A NEW EDITION REVISED THROUGHOUT AND EMBODYING RECENT ADDITIONS
VOL. Ill
NEW YORK
CHARLES SCRIBNER'S SONS
1905
LL. D.
CONTENTS
BOOK THIRD
From the Union of Italy to the Subjugation of Carthage and the Greek States — Continued
CHAPTER XI The Government and the Governed
MOB 3
. . . CHAPTER XII
The Management of Land and op Capital
CHAPTER XIII Faith and Manners .
CHAPTER XIV Literature and Art . . .
BOOK FOURTH The Revolution
CHAPTER I
Thjc Subject Countries down to the Times op the GRACCHI
313
. .
64
104
. 139
Yi CONTENTS
CHAPTER II
The Reform Movement and Tiberius Gracchus .
CHAPTER III The Revolution and Gaius Gracchus
CHAPTER IV The Rule of the Restoration .
CHAPTER V The Peoples of the North .
CHAPTER VI
. . .
. .
. . ' .
WAam 297
334
371
414
. . . . . .
The Attempt of Marius at Revolution, and the Attempt of Drusus at Reform . . .
452
490
Revolution
CHAPTER VII
The Revolt of the Italian Subjects, and the Sulpician
VOL. HI
66
BOOK THIRD
FROM THE UNION OF ITALY TO THE
OF CARTHAGE AND THE GREEK STATES
SUBJUGATION
Continued
CHAPTER XI
THE GOVERNMENT AND THE GOVERNED
The fall of the patriciate by no means divested the Roman Formation commonwealth of its aristocratic character. We have Z^SUL
parties. already 393) indicated that the plebeian party carried
within that character from the first as well as, and in some sense still more decidedly than, the patriciate; for, while in the old body of burgesses an absolute equality of rights prevailed, the new constitution set out from dis tinction between the senatorial houses who were privileged in point of burgess rights and of burgess usufructs, and the mass of the other citizens. Immediately, therefore, on the abolition of the patriciate and the formal establishment of civic equality, a new aristocracy and corresponding opposition were formed and we have already shown how
the former engrafted itself as were on the fallen patrici ate, and how, accordingly, the first movements of the new party of progress were mixed up with the last movements of the old opposition between the orders 394). The formation of these new parties began in the fifth century, but they assumed their definite shape only in the century which followed. The development of this internal change
as were, drowned amidst the noise of the great wars and victories, and not merely so, but the process of for mation in this case more withdrawn from view than any
it it
it (i.
is,
(i.
a
it
;
a
THE GOVERNMENT AND THE GOVERNED book ill
other in Roman history. Like a crust of ice gathering imperceptibly over the surface of a stream and imp^ ' »p- tibly confining it more and more, this new Roman ; aristo cracy silently arose; and not less imperceptibly, like the current concealing itself beneath and slowly extending, there arose in opposition to it the new party of progress. It is very difficult to sum up in a general historical view the several, individually insignificant, traces of these two antagonistic movements, which do not for the present yield their historical product in any distinct actual cata strophe. But the freedom hitherto enjoyed in the common wealth was undermined, and the foundation for future revolutions was laid, during this epoch ; and the delineation of these as well as of the development of Rome in general would remain imperfect, if we should fail to give some idea of the strength of that encrusting ice, of the growth of the current beneath, and of the fearful moaning and cracking that foretold the mighty breaking up which was at hand.
The Roman nobility attached itself, in form, to earlier institutions belonging to the times of the patriciate. Persons who once had filled the highest ordinary magistracies of the state not only, as a matter of course, practically enjoyed all along a higher honour, but also had at an early period
certain honorary privileges associated with their position. The most ancient of these was doubtless the permission given to the descendants of such magistrates to place the wax images of these illustrious ancestors after their death in the family hall, along the wall where the pedigree was painted, and to have these images carried, on occasion of the death of members of the family, in the funeral pro cession 373). To appreciate the importance of this distinction, we must recollect that the honouring of images was regarded in the Italo-Hellenic view as unrepublican,
and on that account the Roman state-police did not at all tolerate the exhibition of effigies of the living, and strictly
4
Germs of the
nobility in the
patriciate.
(i.
chap, XI THE GOVERNMENT AND THE GOVERNED
that of effigies of the dead. With this pri. e were associated various external insignia, reserved by la\ or custom for such magistrates and their descendants :
superintended
—the golden finger-ring of the men, the silver-mounted trappings of the youths, the purple border on the toga and the golden amulet-case of the boys 1 — trifling matters, but still important in a community where civic equality even in external appearance was so strictly adhered to
392), and where, even during the second Punic war, burgess
was arrested and kept for years in prison because he had appeared in public, in manner not sanctioned by law, with a garland of roses upon his head. 2
J
These distinctions may perhaps have already existed
Patrick* partially in the time of the patrician government, and, so SjSSjf?
as families of higher and humbler rank were
long
distinguished
external insignia for the former but they certainly only acquired political importance in consequence of the change
All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates although, after the manner of such decorations, all of them in course of time were extended to a wider circle. This can be distinctly proved in the case of the gold finger-ring, which in the fifth century was worn only by the nobility (Plin. H. N. , xxxiii. 18), in the sixth by every senator and senator's son (Liv. xxvi. 36), in the seventh by every one of equestrian rank, under the empire by every one who was of free birth. So also with the silver trappings, which still, in the second Punic war, formed a badge of the nobility alone (Liv. xxvi. 37) and with the purple border of the boys' toga, which at first was granted only to the sons of curule magistrates, then to the sons of equites, afterwards to those of all free-born persons, lastly — yet as early as the time of the second Punic war— even to the sons of freedmen (Macrob. Sat. 6). The golden amulet-case (bulla) was a badge of the children of senators in the time of the second Punic war (Macrob. I. e. Liv. xxvi. 36), in that of Cicero as the badge of the
children of the equestrian order (Cic. Verr. 58, 152), whereas children of inferior rank wore the leathern amulet (lorum). The purple stripe (clavus) on the tunic was a badge of the senators 99) and of the equites, so that at least in later times the former wore broad, the latter narrow with the nobility the clavus had nothing to do.
Plin. H. N. xxi. 3, 6. The right to appear crowned in public wai acquired by distinction in war (Polyb. vi. 39, Liv. x. 47) consequently, the wearing a crown without warrant was an offence similar to the assumption, in the present day, of the badge of a military order of merit without due title,
within the patriciate, may have served as
9 ;
L it
;
*1
(i.
;
i.
I, ;
;;
;
a
a
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6 THE GOVERNMENT AND THE GOVERNED book in
867. of constitution in 387, by which the plebeian families that attained the consulate were placed on a footing of equal privilege with the patrician families, all of whom were now probably entitled to carry images of their ancestors. Moreover, it was now settled that the offices of state to which these hereditary privileges were attached should in clude neither the lower nor the extraordinary magistracies nor the tribunate of the plebs, but merely the consulship, the praetorship which stood on the same level with it
383), and the curule aedileship, which bore part in the adminis
tration of public justice and consequently in the exercise of the sovereign powers of the state. 1 Although this plebeian nobility, in the strict sense of the term, could only be formed after the curule offices were opened to plebeians, yet exhibited in short time, not at the very first, certain compactness of organization —doubtless because such nobility had long been prefigured in the old senatorial plebeian families. The result of the Licinian laws in
reality therefore amounted nearly to what we should now call the creation of batch of peers. Now that the plebeian families ennobled by their curule ancestors were united into one body with the patrician families and acquired distinctive position and distinguished power in the commonwealth, the Romans had again arrived at the point whence they had started there was once more not merely governing aristocracy and
hereditary nobility —both of which in fact had never disappeared — but there was governing hereditary nobility, and the feud
Thus there remained excluded the military tribunate with consular powers 371), the proconsulship, the quaestorship, the tribunate of the people, and several others. As to the censorship, does not appear, not withstanding the curule chair of the censors (Liv. xl. 45 comp. xxvii. 8), to have been reckoned a curule office for the later period, however, when only man of consular standing could be made censor, the question has no practical importance. The plebeian aedileship certainly was not reckoned originally one of the curule magistracies (Liv. xxiii. 33)
however, have been subsequently included amongst them.
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chap, xi THE GOVERNMENT AND THE GOVERNED 7
between the gentes in possession of the government and the commons rising in revolt against the gentes could not but begin afresh. And matters very soon reached that
The nobility was not content with its honorary privileges which were matters of comparative indifference, but strove after separate and sole political power, and sought to convert the most important institutions of the state—the senate and the equestrian order—from organs of the commonwealth into organs of the plebeio-patrician aristocracy.
The dependence de jure of the Roman senate of the The
stage.
more especially of the larger patricio-plebeian senate, on the magistracy had rapidly become lax, and had °f "* in fact been converted into independence. The subordi
nation of the public magistracies to the state -council, introduced by the revolution of 244 337); the trans- 510. ference of the right of summoning men to the senate from
the consul to the censor 375) lastly, and above all, the
legal recognition of the right of those who had been curule magistrates to seat and vote in the senate 407), had converted the senate from council summoned the
magistrates and in many respects dependent on them into governing corporation virtually independent, and in certain sense filling up its own ranks for the two modes
which its members obtained admission —election to curule office and summoning by the censor—were both virtually in the power of the governing board itself. The burgesses, no doubt, at this epoch were still too independ ent to allow the entire exclusion of non-nobles from the senate, and the nobility were perhaps still too judicious even to wish for this but, owing to the strictly aristocratic gradations in the senate itself — in which those who had been curule magistrates were sharply distinguished, accord ing to their respective classes of consulares, prattorii, and aedilicii, from the senators who had not entered the senate
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8 THE GOVERNMENT AND THE GOVERNED book hi
through a curule office and were therefore excluded from debate —the non-nobles, although they probably sat in considerable numbers in the senate, were reduced to an insignificant and comparatively uninfluential position in
and the senate became substantially mainstay of the nobility.
The institution of the equites was developed into a second, less important but yet far from unimportant, organ of the nobility. As the new hereditary nobility had not the power to usurp sole possession of the comitia, necessarily became in the highest degree desirable that should obtain at least separate position within the body representing the community. In the assembly of the tribes there was no method of managing this; but the equestrian centuries under the Servian organization seemed as were created for the very purpose. The 1800 horses which the community furnished1 were constitutionally
The current hypothesis, according to which the six centuries of the nobility alone amounted to 1200, and the whole equestrian force accordingly to 3600 horse, not tenable. The method of determining the number of the equites by the number of duplications specified by the annalists mistaken in fact, each of these statements has originated and
to be explained by itself. But there no evidence either for the first number, which only found in the passage of Cicero, Dt Jiep. ii. 20, acknowledged as miswritten even by the champions of this view, or for the second, which does not appear at all in ancient authors. In favour, on the other hand, of the hypothesis set forth in the text, we have, first of all, the number as indicated not by authorities, but by the institutions themselves for certain that the century numbered 100 men, and there were originally three 90), then six 107), and lastly after the Servian reform eighteen 116), equestrian centuries. The deviations of the authorities from this view are only apparent. The old self-consistent tradition, which Becker has developed (ii. 1, 243), reckons not the eighteen patricio-plebeian, but the six patrician, centuries at 1800 men and this has been manifestly followed by Livy, 36 (according to the reading which alone has manuscript authority, and which ought not to be corrected from Livy's particular estimates), and by Cicero I. e. (according to the only reading grammatically admissible, MDCCC. see Becker, ii. 1,
But Cicero at the same time indicates very plainly, that in that statement he intended to describe the then existing amount of the Roman equites in general. The number of the whole body has therefore been transferred to the most prominent portion of by prolepsis, such as common in the case of the old annalists not too much given to reflection
244).
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9
of likewise by the censors. It was, no doubt, the duty of these to select the equites on military grounds and at their musters to insist that all horsemen incapacitated by age or otherwise, or at all unserviceable, should surrender their public horse; but the very nature of the institution implied that the equestrian horses should be given especially to men of means, and it was not at all easy to hinder the censors from looking to genteel birth more than to capacity, and from allowing men of standing who were once admitted, senators particularly, to retain their horse beyond the proper time. Perhaps it was even fixed by law that the senator might retain it as long as he wished. Accordingly it became at least practically the rule for the senators to vote in the eighteen equestrian centuries, and the other places in these were assigned chiefly to the young men of the
The military system, of course, suffered from this not so much through the unfitness for effective service of no small part of the legionary cavalry, as through the destruction of military equality to which the change gave rise, inasmuch as the young men of rank more and more withdrew from
just in the same way 300 equites instead of 100 are assigned to the parent-community, including, by anticipation, the contingents of the Tities and the Luceres (Becker, 1, 238). Lastly, the proposition of Cato (p. 66, Jordan), to raise the number of the horses of the equites to aaoo, as distinct a confirmation of the view proposed above, as a distinct refutation of the opposite view. The closed number of the equites probably continued to subsist down to Sulla's time, when with the de facto abeyance of the censorship the basis of fell away, and to all appearance in place of the censorial bestowal of the equestrian horse came its acquisition by hereditary right thenceforth the senator's son was by birth an eques. Alongside, however, of this closed equestrian body, the equites tquo publico, stood from an early period of the republic the burgesses bound to render mounted service on their own horses, who are nothing but the highest class of the census they do not vote in the equestrian centuries, but are regarded otherwise as equites, and lay claim likewise to the honorary privileges of the equestrian order.
In the arrangement of Augustus the senatorial houses retained the hereditary equestrian right but by its side the censorial bestowal of the equestrian horse renewed as prerogative of the emperor and without restriction to definite time, and thereby the designation of equites for the first class of the census as such falls into abeyance.
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service in the infantry. The closed aristocratic corps of the equites proper came to set the tone for the whole legionary cavalry, taken from the citizens who were of highest position by descent and wealth. This enables us in some degree to understand why the equites during the Sicilian war refused to obey the order of the consul Gaius Aurelius Cotta that they should work at the trenches with
*BS. the legionaries (502), and why Cato, when commander-in- chief of the army in Spain, found himself under the necessity of addressing a severe reprimand to his cavalry. But this conversion of the burgess-cavalry into a mounted guard of nobles redounded not more decidedly to the injury of the commonwealth than to the advantage of the nobility, which acquired in the eighteen equestrian centuries a suffrage not merely separate but giving the tone to the rest.
Of a kindred character was the formal separation of the places assigned to the senatorial order from those occupied the theatre, by the rest of the multitude as spectators at the national
festivals. It was the great Scipio, who effected this change 194. in his second consulship in 560. The national festival was as much an assembly of the people as were the centuries convoked for voting ; and the circumstance that
the former had no resolutions to pass made the official announcement of a distinction between the ruling order and the body of subjects —which the separation implied —. all the more significant. The innovation accordingly met with much censure even from the ruling class, because it was simply invidious and not useful, and because it gave a very manifest contradiction to the efforts of the more prudent portion of the aristocracy to conceal their exclusive government under the forms of civil equality.
These circumstances explain, why the censorship became prop of dw tne piyot of tne kter republican constitution ; why an nobility. office, originally standing by no means in the first rank,
chap, xi THE GOVERNMENT AND THE GOVERNED II
came to be gradually invested with external insignia which did
not at all belong to it in itself and with an altogether unique aristocratic-republican glory, and was viewed as the crown
and completion of a well-conducted public career; and why the government looked upon every attempt of the opposition to introduce their men into this office, or even
to hold the censor responsible to the people for his ad ministration during or after his term of office, as an attack
on their palladium, and presented a united front of re sistance to every such attempt. It is sufficient in this respect to mention the storm which the candidature of Cato for the censorship provoked, and the measures, so extraordinarily reckless and in violation of all form, by which the senate prevented the judicial prosecution of
the two unpopular censors of the year 550. But with 204. their magnifying the glory of the censorship the government combined a characteristic distrust of this, their most impor
tant and for that very reason most dangerous, instrument. It was thoroughly necessary to leave to the censors absolute control over the personal composition of the senate and the equites ; for the right of exclusion could not well be separated from the right of summoning, and it was indispensable to retain such a right, not so much for the purpose of removing from the senate capable men of the opposition —a course which the smooth -going government of that age cautiously avoided —as for the purpose of pre serving around the aristocracy that moral halo, without which it must have speedily become a prey to the opposition. The right of ejection was retained ; but what they chiefly needed was the glitter of the naked blade—the edge of which they feared, they took care to blunt. —Besides the check involved in the nature of the office under which the lists of the members of the aristocratic corporations were liable to revision only at intervals of five years —and besides the limitations resulting
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Remodel ling of the constitu tion according to the
mainly based on the senate, the equites, and the censorship —the nobility not only usurped in substance the government, but also remodelled the constitution according to their own views. It was
12 THE GOVERNMENT AND THE GOVERNED book hi
from the right of veto vested in the colleague and the
of cancelling vested in the successor, there was added a farther check which exercised a very sensible influence; a usage equivalent to law made it the duty of the censor not to erase from the list any senator or knight without specifying in writing the grounds for his decision, or, in other words, adopting, as a rule, a quasi-judicial procedure. —
right
In this political position
views of the part of their policy, with a view to keep up the appreciation nobility. of the public magistracies, to add to the number of these as little as possible, and to keep it far below what was
required by the extension of territory and the increase of
Inadequate business. Only the most urgent exigencies were barely
number of met by the division of the judicial functions hitherto
— discharged by a single praetor between two judges one
of whom tried the lawsuits between Roman burgesses,
and the other those that arose between non-burgesses or 243. between burgess and non-burgess —in 511, and by the
nomination of four auxiliary consuls for the four trans 227. marine provinces of Sicily (527), Sardinia including Corsica
227. 197. (527), and Hither and Further Spain (557). The far too summary mode of initiating processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
magis trates.
Election of officers is the comitia.
Among the innovations originated by the government — which were none the less innovations, that almost uniformly they changed not the letter, but merely the practice of the existing constitution —the most prominent were the measures by which the filling up of officers' posts as well as of civil magistracies was made to depend not, as the letter
chap. XI THE GOVERNMENT AND THE GOVERNED
13
of the constitution allowed and its spirit required, simply on merit and ability, but more and more on birth and seniority. As regards the nomination of staff-officers this was done not in form, but all the more in substance. It had already, in the course of the previous period, been in great part transferred from the general to the burgesses
397) m tms period came the further step, that the whole staff-officers of the regular yearly levy—the twenty- four military tribunes of the four ordinary legions — were nominated the comitia tributa. Thus line of de marcation more and more insurmountable was drawn between the subalterns, who gained their promotion from the general punctual and brave service, and the staff, which obtained its privileged position canvassing the burgesses 73). With view to check simply the worst abuses in this respect and to prevent young men
quite untried from holding these important posts, became necessary to require, as preliminary to the be stowal of staff appointments, evidence of certain number of years of service. Nevertheless, when once the military tribunate, the true pillar of the Roman military system, was laid down as the first stepping-stone in the political career of the young aristocrats, the obligation of service inevitably came to be frequently eluded, and the election
of officers became liable to all the evils of democratic canvassing and of aristocratic exclusiveness. was cutting commentary on the new institution, that in serious wars (as in 583) was found necessary to suspend this democratic mode of electing officers, and to leave once more to the general the nomination of his staff.
171.
In the case of civil offices, the first and chief object was
to limit re-election to the supreme magistracies. This was
certainly necessary, the presidency of annual kings was not consuls and to be an empty name and even in the preceding period re- censor"- election *o the consulship was not permitted till after the
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lapse of ten years, while in the case of the censorship it was altogether forbidden 402). No farther law was passed in the period before us but an increased stringency in its application obvious from the fact that, while the law as to
817. the ten years' interval was suspended in 537 during the con tinuance of the war in Italy, there was no farther dispensa tion from afterwards, and indeed towards the close of this period re-election seldom occurred at all. Moreover,
ISO. towards the end of this epoch (574) decree of the people was issued, binding the candidates for public magistracies to undertake them in fixed order of succession, and to observe certain intervals between the offices, and certain
limits of age. Custom, indeed, had long prescribed both of these but was sensibly felt restriction of the freedom of election, when the customary qualification was raised into
legal requirement, and the right of disregarding such re quirements in extraordinary cases was withdrawn from the elective body. In general, admission to the senate was thrown open to persons belonging to the ruling families without distinction as to ability, while not only were the poorer and humbler ranks of the population utterly precluded from access to the offices of government, but all Roman bur gesses not belonging to the hereditary aristocracy were practically excluded, not indeed exactly from the senate, but from the two highest magistracies, the consulship and the censorship. After Manius Curius and Gaius Fabri- cius 394), no instance can be pointed out of consul who did not belong to the social aristocracy, and probably no instance of the kind occurred at all.