[Sidenote: The nobles retain the chief ascendency.]
[Sidenote: The dictator.]
[Sidenote: The idea of popular government.]
[Sidenote: The Senate retains all real power.]
Thus it would appear that the Roman constitution was essentially aristocratic, especially for three hundred years after the expulsion of kings. The Senate and the populus had the whole power. Gradually, as wealth increased, the equites became an influential order, not less aristocratical than the patricians. The plebs were not of much consideration till the time of the Gracchi, and always obtained office with difficulty. It was two hundred years after the expulsion of kings before the plebeians could even obtain a share of the public lands. So long as the aristocracy preserved their virtue and patriotism, the state was most ably administered, and continually increased in wealth and power. The conquest of Italy was entirely under the regime of nobles, and even when wealthy plebeian families mingled with the ancient patricians there was still great difficulty in reaching preferment, without the advantages of birth. [Footnote: Mommsen, Roman Hist., i. p. 241.] In fourteen years, from 399 to 412, the patricians allowed only six plebeians to reach the consulship. The lives of the citizens were protected by the laws, but public opinion remained powerless at the assassination of those who incurred the hatred of the Senate. The comitia were free, but the Senate had at its disposal either the veto of the tribunes or the religious scruples of the people, for a consul could prevent the meeting of the assemblies, and the augurs could cut short their deliberations. Even the dictatorship was often a means of oppressing the plebs, and was a lever in the hands of the aristocracy, since the dictator was appointed by the consuls under the direction of the Senate. [Footnote: Liv., viii. 23.] He was a patrician as a matter of course, until the political distinctions between patrician and plebeian were removed, and had absolute authority for six months. He was not held responsible for his acts while in office, [Footnote: Becker, Handbuch der Romanisch Alterthumer, vii. p. 2; Nieb. History of Rome. vol. i. p. 563.] nor was there any appeal from his decisions. He was preceded by twenty-four lictors, and was virtually supreme. Between 390 and 416 there were eighteen dictators. The Senate thus remained all-powerful, in spite of the victories of the plebeians, and such were its patriotism and intelligence that it preserved its preponderance. It was during the conquest of Italy that aristocratic power shone in all its splendor, and the most able men were entrusted with public affairs. Every thing was sacrificed to patriotism, and discipline was enforced with cruelty. The most powerful patricians readily exposed their lives in battle, and a town became a people which ultimately embraced the world. When the plebeians had grown to be a power the decline of the republic commenced, and a new organization was necessary. Great chieftains became dictators for life, and the imperial sceptre was seized by an unscrupulous but enlightened general. The Roman populus in an important sense carried out the great idea of self- government, but, strictly speaking, self-government, as applied to the people generally, never existed in the Roman Commonwealth. But the idea was advanced which gave birth to future republics. Nor did the fall of the old patrician oligarchy divest the Roman commonwealth of its aristocratic character, for a new aristocracy arose. When the plebeian families obtained the consulate and other high offices of state, they were put on a level with the old patrician families, and were allowed the privilege of placing the wax images of their illustrious ancestors in the family hall, and to have these images carried in the funeral procession. As curule magistrates, they had a seat in the Senate, and wore the insignia of rank—the gold finger-ring and the purple border on the toga. "The result of the Licinian laws," says Mommsen, "in reality, only amounted to what we now call the creation of a new batch of officers." [Footnote: Mommsen, B. III. c. xi.] As all the descendants of those who had enjoyed the curule magistracy were entitled to the privilege of these distinctions, the nobility became hereditary. And as the great officers of state were generally selected from this class, since they controlled the comitia, the nobility was not merely hereditary, but it was a governing nobility. The nobility had the possession of the Senate itself. It monopolized the great offices of state. The stability of the Roman aristocracy is seen in the fact, that, from the year 388 to 581, when the consulate was held by one patrician and one plebeian, one hundred and forty of the consuls, out of the three hundred and eighty-six, belonged to sixteen great houses. The Cornelii furnished thirty consuls in one hundred and ninety-three years, the Valerii eighteen, the Claudii twelve, the Aemilii fifteen, the Fabii twelve, the Manlii ten, the Postumii eight, the Servilii seven, the Sulpicii eight, the Papirii four, to say nothing of other curule offices. Thus the nobility was not composed exclusively of patrician families, although these were the most numerous, but of old plebeian families also, in the same way that the English House of Lords is composed of families which trace their origin to Saxons as well as Normans, although the Normans, for several centuries, were the governing class. And as the House of Lords has accessions occasionally from the ranks of the people, in consequence of great wealth, or political interest, or eminent genius, or signal success in war, so the Roman nobility was increased, as old families died out, by the successful generals who gained the great offices of state. Marius arose from the people, but his exploits in the field of battle insured his entrance among the nobility in consequence of the offices he held, even as the Lord Chancellors of England, who have been eminent lawyers merely, are made herditary peers in consequence of their judicial position.
[Sidenote: Roman citizens.]
The Roman burgesses again were any thing but a rabble. They were composed of men of standing and wealth. If they did not compose the motive-power, they constituted a firm foundation of the state. They had a clear conception of the common good, and a sagacity in the election of rulers, and a spirit of sacrifice for the general interests. They had a lofty patriotism that nothing could seduce. The rabble of Rome were of no account until the enormous wealth of the senatorial houses raised up clients and parasites. And when this rabble, who were merely the dependents of the rich, obtained the privilege of voting, then the decline of liberties was rapid and fearful, since they were merely the tools of powerful demagogues.
[Sidenote: Balance of power.]
Thus among the Romans, until the prostration of their liberties, the powers of government were not in the hands of kings, as among the Orientals, nor in those of the aristocracy, exclusively, nor in those of the people; but in all combined, one class acting as a check against another class. They were shared between the Senate, the magistrates, and the people in their assemblies. Theoretically, the populus was the real sovereign by whom power was delegated; but, for several centuries, the populus meant the patricians, who alone could take part in the assemblies. The preponderating influence was exercised by the Senate. The judicial, the legislative, and the executive authority were as clearly defined as in our times. The magistrates were all elected by the Senate or the people, and sometimes proposed by the one and confirmed by the other. No case, involving the life of a Roman citizen, could be decided except by the Comitia Centuriata. The election of a magistrate, or the passing of a law, though made on the ground of a senatus consultum, yet required the sanction of the curiae. In legislative measures, a senatus consultum was brought before the people by the consul, or the senator who originated the measure, after it had previously been exhibited in public for seventeen days. The inferior magistrates, whose office it was to superintend affairs of local interest, were elected by the Comitia Tributa. All the magistrates, however great their power, could, at the expiration of their office, be punished for transcending their trust. No person was above the authority of the laws. No one class could subvert the liberties and prerogatives of another. The Senate had the most power, but it could not ride over the Constitution. The consuls were not the creatures of the Senate; they were elected by the centuries, and presided over the Senate, as well as the assembly of the people. The abuse of power by a consul was prevented by his colleague, and by the certainty of being called to account on the expiration of his office. His power was also limited by the Senate, since he was dependent upon it. There was no absolute power exercised at Rome, except by the dictators, but they were appointed only in a national crisis, and then only for six months. Unless their power were perpetuated, not even they could overturn the constitution. The senators again, the most powerful body in the state, were not entirely independent. They could not elect members of their own body, nor keep them in office. The censors had the right of electing the senators from among the ex-magistrates and the equites, and of excluding such as they deemed unworthy. And as the Senate was thus composed wholly of men who had held the highest offices or had great wealth, it was a body of great experience and wisdom. Yet even this august assembly was obliged to submit to the introduction of any subject of discussion by the tribune. What a counterpoise to the authority of this powerful body were the tribunes! From their right of appearing in the Senate, and of taking part in its discussions, and from their being the representatives of the whole people, in whom power was supposed primarily to be lodged, they gradually obtained the right of intercession against any action which a magistrate might undertake during the time of his office, and without giving a reason. They could not only prevent a consul from convening the Senate, but could veto an ordinance of the Senate itself. They could even seize a consul and a censor and imprison him. Thus was power marvelously distributed, even while it remained in the hands of the higher classes. The people were not powerless when their assemblies could make laws and appoint magistrates, and when their tribunes could veto the most important measures. The consuls could not remain in office long enough to be dangerous, and the senators could be ejected from their high position when flagrantly unworthy. "The nobiles had no legal privileges like a feudal aristocracy, but they were bound together by a common distinction derived from a legal title, and by a common interest; and their common interest was to endeavor to confine the election to all the high magistracies to the members of their own body." The term nobilitas implied that some one of a man's ancestors had filled a curule magistracy, and it also implied the possession of wealth. Theoretically it would seem that the nobiles were very numerous, since so many people can ordinarily boast of an illustrious ancestor; but practically the class was not so large as we might expect. A noble might be poor, but still, like Sulla, he remained noble. The distinction of patrician was, long before the reforms of the Gracchi, of secondary importance; that of nobilitas remained to the close of the republic. The nobility kept themselves exclusive and powerful from the possession of the great offices of state from generation to generation; they prevented their own extinction by admitting into their ranks those who distinguished themselves to an eminent degree.
[Sidenote: The reign of demagogues.]