The Roman Traitor, Vol. 1

by Henry William Herbert

[pg 237]On every side of the circumference, except that occupied by the altar and the idol, were ranged in circular state the benches of the order.

Immediately to the right of the altar, were placed the curule chairs, rich with carved ivory and crimson cushions, of the two consuls; and behind them, erect, with their shouldered axes, stood the stout lictors.

Cicero, as the first chosen of the consuls, sat next the statue of the God; calm in his outward mien, as the severe and placid features of the marble deity, although within him the soul labored mightily, big with the fate of Rome. Next him Antonius, a stout, bold, sensual-looking soldier, filled his place—worthily, indeed, so far as stature, mien, and bearing were concerned; but with a singular expression in his eye, which seemed to indicate embarrassment, perhaps apprehension.

After these, the presiding officers of the Republic, were present, each according to his rank, the conscript fathers—first, the Prince of the Senate, and then the Consulars, Censorians, and Prætorians, down to those who had filled the lowest office of the state, that of Quæstor, which gave its occupant, after his term of occupancy expired, admission to the grand representative assembly of the commonwealth.

For much as there has been written on all sides of this subject, there now remains no doubt that, from the earliest to the latest age of Rome, the Senate was strictly, although an aristocratical, still an elective representative assembly.

The Censors, themselves, elected by the Patricians out of their own order, in the assembly of the Curiæ, had the appointment of the Senators; but from those only who had filled one of the magistracies, all of which were conferred by the popular vote of the assembly of the centuries; and all of which, at this period of the Republic, might be, and sometimes were, conferred on Plebeians—as in the case of Marius, six times elected Consul in spite of Patrician opposition.

Such was the constitution of the Senate, purely elective, though like all other portions of the Roman constitution, under such checks and balances as were deemed sufficient to ensure it from becoming a democratical assembly.

And such, in fact, it never did become. For having [pg 238] been at first an elective body chosen from an hereditary aristocracy, it was at that time, save in the varying principles of individuals, wholly aristocratic in its nature. Nor, after the tenure of the various magistracies, which conferred eligibility to the Senate, was thrown open to the plebeians, did any great change follow; since the preponderance of patrician influence in the assembly of the centuries, and the force perhaps of old habit, combined to continue most of the high offices of state in the hands of members of the Old Houses. Again, when plebeians were raised to office, and became, as they were styled, New Men, they speedily were merged in the nobility; and were no less aristocratic in their measures, than the oldest members of the aristocracy.

For when have plebeians, anywhere, when elevated to superior rank, been true to their origin; been other than the fellest persecutors of plebeians?

The senate was therefore still, as it had been, a calm and conservative assembly.