PLEBEIANS AND PATRICIANS

The plebeians were soon forced to see, however, that under the new order all the advantages of public life fell to the patricians. If this class had at that time so far risen above its prejudices as to take into its own circles the more nearly related plebeian families, to admit them to equal marriage rights, to rights in the senate, and to eligibility for the various public offices; and if it had further opened the state’s domains to the mass of plebeians, and striven by a just apportionment of the land to found a new and more contented peasant order, there would be no need now to write the account of a hundred and fifty years’ struggle between these two classes. But instead of doing these things the Roman patricians displayed the most tenacious selfishness and greed—qualities manifested, it is true, in equal degree by all their plebeian kindred.

In matters pertaining to legal marriage, as well as in higher affairs of state, religious superstition played a very prominent part. It remained for some decades the honest belief of the patricians that they alone had the right of holding communications with the gods or of taking correct auspices, maintaining further that any intermingling by marriage with plebeian blood would impair if not destroy this power of reading signs. According to them, auspices taken by plebeians, being of no value, always failed in their effect; hence there could be no question of appointing plebeians to offices which were so indissolubly connected with the taking of public auspices.

Thus it came about that not long after the foundation of the republic, the populus, i.e., the patrician body, and the plebeian stood arrayed against each other like two entirely unrelated races—between whom there cannot possibly be any unity of feeling or equality of rights. Through absorption of the Sabellian clan of Appius Claudius—who, at variance with his own people, had gone over to the side of the Romans and at the head of five thousand followers had settled on the opposite shore of the Anio—the patrician party was much the stronger and more numerous, and having alone the right to make appointments to civil office and to the priesthood, was the true guardian and promoter of the legal traditions and spiritual knowledge of the state.

The election of consuls was by no means carried on by free vote; rather, it appears, a list of nominees was made out beforehand by the presiding consul and the senate, from which the voters must choose, having the right at most to reject the candidates offered without that of substituting others in their places. Should the majority of votes fall to an opposition candidate, however, the presiding consul was neither obliged to recognise the votes nor to proclaim the candidate elected. The curiate assembly of the patricians alone had the right to confer by the passage of a lex curiata de imperio, the supreme power or imperium upon the successful candidate. In the beginning of the republic the system of allowing colleges of the priesthood to appoint their own members was introduced, as was also that of appointing isolated priests and vestals through the pontifical college—an institution modelled doubtless on that of the pontifex maximus.

It was not those plebeians who enjoyed greater material advantages who gave the first signs of dissatisfaction at the existing condition of things; neither was it in the domain of politics, using the word in a narrow sense, that the first reactionary movements were observed: the first epoch-making uprising of the plebs had its origin in the social condition of the poorer peasants and leaseholders.

This class had suffered long under the judicial system of the patricians, who decided all causes according to a code of laws unknown to the inferior orders; but still greater was the oppression felt from another source. It is undoubtedly true that there existed a scale of social importance among the patrician landholders themselves, and that the possessions of many of them did not exceed those of the better situated among the plebeians; yet in other directions there were open to them opportunities from which the plebeians were debarred. Many of the larger property owners among the patricians could be reckoned—there having as yet arisen in Rome no great and independent commercial class—as capitalists. The trade in products of the soil was entirely in the hands of these rich proprietors, who in common with the other patricians besides realised all the profits resulting from the exploitation of the public lands. A considerable portion of these lands could, with the consent of the government, be “temporarily” occupied and cultivated by patrician landowners on payment of a yearly rental—such domains never to lose their character as state property, nor the government to release the right of remanding them at any time.

As a matter of fact, however, these terms were rarely kept, and the state domains were given away, sold, bequeathed or hypothecated exactly as though they had been private property. Apart from the illegality of such proceedings, they worked considerable harm to the plebeians, who deeply and bitterly resented the injustice shown by the authorities in exempting these estates from payment of rent and taxation. Whenever the situation of the state made it necessary to tax the patricians, it was their private property only that was assessed, and this made their condition, by reason of their large tax-free domains, greatly superior to that of the plebeians, who possessed only assessable lands. There was further the extreme severity shown in leaving free from impost the money capital of the patricians, while in the case of the plebeians no allowance was made for mortgages on their property.

We touch now upon the darkest spot in the situation of the poorer plebeians. The conflicts that had repeatedly broken out since the fall of the Tarquins, between the Roman populations and the neighbouring peoples, had pressed hard upon the plebeians. The successive calls to arms, the devastation of their lands, the plundering of their belongings, together with the heavy war-tax, formed an almost unsupportable burden, which was but little lightened by the declaration that the increase in impost would be looked upon by the government as a mere temporary advance and would be returned at a later period.

The pressure of these conditions plunged the greater part of the poorer leaseholders heavily in debt. The legal rate of interest was enormously high, considering the pecuniary shortage that prevailed—so high that it was welcomed by the plebeians as a great relief when later (probably 357 B.C.) the maximum was reduced to 8⅓ or 10 per cent. In case of failure to pay the interest on a debt, the accumulated interest was added to the original debt until the amount owed was increased to an overwhelming figure. It was a menace to the internal peace of the country that the creditors of the peasants were usually their patrician neighbours who, as capitalists, were the only ones in a position to lend. Analogous to the course pursued in Attica a century before, the Roman manor lords were now about to make the situation of the plebs one of economic dependence upon themselves. Hence in Rome, as in Attica, the first attack of the common people on the patrician classes was made on the ground of the extreme harshness of the Roman laws governing debt, framed, as they were, by a race which knew no mercy where its material interests were concerned. Sometimes the creditor, into whose hands the law gave complete possession of the person and property of the debtor, left this latter in nominal control and occupation of his land only to oppress him still further by demands for rent. To this arrangement the debtor frequently preferred taking advantage of the nexum, or usual form of loan contract under which he could place himself in bondage to the creditor to serve him as many years as were required to liquidate the debt, or until the creditor actually sold him as a slave in a foreign land.