CHAPTER VI. THE FIRST CENTURY OF THE REPUBLIC
[510-451 B.C.]
The next task of the Romans was to regain the old position of Servius Tullius in Latium. Aided by the pressure constantly brought to bear on the Latins by the Volscians, the Romans also succeeded, in the year 493, in renewing with the former people their earlier alliance—an alliance based on perfect equality and reciprocity.[19] Highly important, moreover, from a military point of view was the treaty concluded in 486 between the Romans and the Latins on the one side and the Hernicans on the other.
About this time began the lingering feuds between the Romans and their allies and the neighbouring populations on the line that reached from the Etruscan cities Veii and Fidenæ, through the country of the Sabines and the Æquians to the scattered colonies of the Volscians on the southern borders of Latium. These conflicts rarely bore the character of actual warfare, being confined for the most part to carrying on or repelling burning and marauding expeditions. Yet there was no lack, especially with the Etruscans, of more serious engagements which, as we shall see, had great influence in determining the future of Italy and the Romans. Meanwhile these struggles served the Romans as an excellent school of war; but their political importance was not nearly so great as that of the internal conflicts that marked the development of republican Rome.
The conditions in Rome after the expulsion of the Tarquins were similar to those which prevailed in Greece under what was called the Eupatridian rule. The supreme power which was formerly vested in the king, now passed into the hands of a magisterial body whose members were to be appointed by vote. These republican officials, now commonly called consuls, were then given the title of prætors; a title that since the time of the decemvirs fell into disuse as designating the head of the state, but was later applied to the incumbents of a newly created office. The weight of the high civil, military, and judicial authority that passed from the hands of the king into those of the head of the republic, became considerably lessened by the action of causes that were, from their very nature, bound to make themselves more and more strongly felt. From the beginning of the republic, the Romans always placed two consuls at the head in order that the actions of the one might be under the restraining influence of the other’s veto. The term of the highest office was never longer than one year. At the expiration of the year the consul returned to the class of citizens to which he belonged, but could at any time be called to account for his official acts.
This system of one-year tenure of office was later found to have grave defects: but so much a part was it of the patrician as well as the democratic republicanism of that day that it never occurred to any one to change it. To the eminently practical Roman mind, however, the disadvantages connected with a yearly change of officials must have been apparent in many ways. As the life of Rome developed in fulness and freedom, the “scribes,” those lower officials who were permanently appointed to their posts, came to be of great importance in the actual conduct of public affairs. In time of war when naturally every head of the republic did not show equal qualifications for military leadership, the command of the army was given to some experienced general who was specially appointed by the proper authorities. When a consul was confronted by great and unexpected difficulties, he was empowered by the senate to appoint the best man of the state as dictator, and this dictator was in his turn to select as his assistant a master of horse—magister equitum. The dictatorship, which was for the term of but six months, had control over all minor offices, and as the dictator could not be held accountable, and as there was no appeal from his decisions, the patricians frequently had recourse, during the course of internal struggles, to the appointment of one, in order effectually to quell the plebeian opposition.
The consuls were preceded by but twelve lictors bearing the axe and fasces, while to the dictators were given twenty-four, like the kings in earlier days. Owing to the constant increase in the volume of public affairs the consuls frequently appointed, for the performance of certain duties, deputies, whose term of office expired with their own. Associated with the consuls in the keeping of the state archives and treasure were the two quæstors, probably the same officials to whom was also entrusted the prosecution of criminals. Two commissioners were appointed by the consuls to judge cases of sedition and high treason; the consuls had further to select and instruct two private personages who were to decide all civil suits. The consuls had unlimited power to impose fines; and as punishment for disobedience to certain laws, notably those governing the recruiting service, could even pronounce sentence of death. In cases requiring corporal or capital punishment the consuls and their aids had jurisdiction in the first instance; but save in cases that came under martial law, delinquents whom they had condemned could after the foundation of the republic (by virtue of the Valerian law, 509 B.C.) appeal to the higher tribunal of the general assembly, this body having also, even before 451, entire jurisdiction in regard to heavy fines.
The most marked limitation of the consuls’ power arose from the altered position of the senate towards them. According to formal law the senators stood in the same relation to the consuls as they did to the kings, being not above but under the head of the republic: who every four years, on the occasion of assessment for taxes, revised the list of senators and appointed new ones to fill whatever vacancies had occurred. Now, however, little by little, but ever more sensibly, began to be felt the enormous predominance held in all ages by any large aristocratic corporation whose members, all men of great political experience, have a life-long tenure of office, over functionaries who are appointed to their responsible positions for but the term of a single year. The senate represented the unity, and the firmly established traditions of Roman politics and rule. Not all the proud self-consciousness of a few powerful consuls could prevent the office as a whole from coming to be considered as merely the executive organ of the senate.
Since the foundation of the republic the people’s assemblies had also assumed an entirely different character and position. The necessity felt by the governing power at the overthrow of the Tarquins, to make sure of the sympathy of the lower classes had brought the centuriate assembly—in which both patricians and plebeians were bound together for the rendering of important decisions—into great prominence. The function of this body extended to the election of consuls, to the ratification or rejection of measures proposed by the higher government, to the declaration of wars of aggression, and lastly to the exercise of jurisdiction in criminal cases where appeal, now the privilege of the plebeian as well as of the noblest patrician, was permitted from the sentence of the quæstors.