[Sidenote: Government the great art and science of the Romans.]

[Sidenote: Prosperity of the government.]

It must, however, be confessed that, after the Caesars were fairly established on their throne, a great indifference to public affairs ensued. Every office was then, directly or indirectly, in the hands of the emperor. Cicero expressed the popular sentiment of his day when he said, "that was the most perfect government which was a combination of popular and aristocratic authority;"--but in the eighth century of the city, the system of checks and balances would have fallen to pieces in the hands of a degenerate people. A const.i.tutional monarchy even was no longer possible. The vices of the oligarchy, and the fierce reactions of the democracy, had destroyed all the dreams of the earlier patriots. The ma.s.s of the people had long been pa.s.sive under the sway of factions and political intriguers, and they resigned themselves to the despotism of the emperor without a struggle. But even in this degradation the power of government remained among the leading cla.s.ses. The governors of provinces, taken generally from the Senate and the n.o.bles, were skillful in their administration of public affairs. They were enlightened in all political duties. The traditional ideas of government survived for several generations, even as the mechanism of the army made it powerful after all real spirit had fled. The Roman still regarded himself as the favorite of the G.o.ds, destined to achieve a vast mission, even the reduction of the world to political unity. Augustus made every effort, while he reigned, in the ruin of political inst.i.tutions, to revive the forms and traditions of other days. The patricians were favored and honored, and the Senate still was made to appear august, with a prostrate world at its feet, to which it was bound to dictate laws and inst.i.tutions. Political unity was the grand idea of the Romans, and this idea has survived to our own times. It was one of the great elements of Roman civilization. Universal empire was based, in the better days of the Republic, on public morality, in the iron discipline of families, in a marvelously well-trained soldiery, in a military system which made the civil society an army almost ready for the field, in a recognition of public rights and duties, in a wise system of colonization, in conciliatory conduct to the conquered races, and in a central power as the dispenser of all honor and emoluments. The civil wars broke up, in a measure, this wise and considerate policy; still citizenship extended to all parts of the empire, even when it was manifest it must soon fall into the hands of barbarians. And as for the administration of justice, it was probably better conducted under the emperors than under the supreme rule of the Senate. Even bad emperors knew how to govern. To the Roman mind every thing was subordinate to the art of government. And every characteristic fitted the Romans to govern--energy of will, practical good sense, the conception of justice, an unyielding pride, fort.i.tude, courage, and l.u.s.t of power. And the spirit of domination was carried out into every thing. It was made a science, an art. Whatever would contribute to the ascendency of the state was remorselessly adopted; whatever would interfere with it was abandoned or swept away.

Fierce and tolerant by turns, and as circ.u.mstances prompted--such was the Roman. With submission life was easy, and the government was mild.

And the supreme government rarely entrusted power except to faithful, capable, and patriotic rulers. The wisest and best were selected for important offices. The governors of provinces were men of great experience; they were generals and senators who had pa.s.sed their term of active service. They easily made great mistakes. They carried out the policy of the State. They were acquainted with laws, and the customs of the people whom they ruled. They were versed in the literature of their day. They were men of dignity and fortune. They were moderate, conciliatory, and firm. They were models for rulers for all subsequent ages. There were, of course, exceptions, but the small number of riots and rebellions shows the contentment of the people, for they were not ground down by oppressive laws and exactions, until their spirit was broken. How munificent were the emperors to such cities as Athens and Alexandria! Athens was the seat of learning and culture, to the very end of the empire. Arts and literature and science were fostered in all the cities. They were adopted as parts of the empire, not treated like conquered territories. After the destruction of Carthage, the Romans had no jealousy of cities that once were equals. Their arts were made to subserve Roman greatness, indeed, but they were left free to develop their resources. The development of resources was a vital principle of the Roman government. Spain, Syria, and Egypt, were never more prosperous than under the imperial rule. All the provinces were more thriving under the emperors than they had been under their ancient kings, until the era of barbaric invasions. If war had been the mission of the republic, peace was the pride of the empire. There were no wars of importance for three hundred years, except those of necessity. The end of the emperors was to govern, to preserve peace, and secure obedience to the laws.

[Sidenote: The aristocracy the real rulers of the state.]

[Sidenote: Defects of Democratic ascendency.]

[Sidenote: The people unfit to govern when unenlightened.]

[Sidenote: Popular element in the Roman state.]

[Sidenote: Rich Plebeians had a great influence in the government.]

But we must bear in mind that, whatever were the popular rights enjoyed in the republican era, and however vast were the powers wielded by the emperors after liberty had fled, yet the const.i.tution of Roman society was essentially aristocratic. All the great conquests were made under the rule of patricians, and all the leading men under the emperors were n.o.bles. The government was virtually, from first to last, in the hands of the aristocracy. Still there was an important popular element, especially in the latter days of the republic, to which revolutionary leaders appealed, like the Gracchi, Marius, Catiline, and Caesar. One of the most humiliating lessons which we learn of antiquity, we are forced to own, was the signal incapacity of the people to govern themselves, when they had obtained a greater share of power than the old const.i.tution had allowed. The republic did not long survive when successful generals and eloquent demagogues were sustained by the people. Had Rome been a democracy, as some suppose, the empire never could have been established. We comfort ourselves, however, by the reflection, that when the people surrendered themselves to factions and demagogues and tyrants, they were both ignorant and depraved. Self- government has never yet succeeded, because there have never been virtue and intelligence among the ma.s.ses. So long as we can boast of virtue and intelligence among the people, we need not despair with the government in their hands. An enlightened self-interest will suggest the wisest policy. We only despair of the government of the people when they are ignorant, brutal, and wicked. As there was no period in the ancient world when they were not unenlightened, we are reconciled to the fact that a wise and vigorous administration of public affairs was always conducted by kings or n.o.bles who had intelligence and patriotism, if they were proud and imperious. Whatever faith we may justly cherish in reference to popular sovereignty, grounded on the principles of natural justice, and the hopes which are held out as the fruit of Christian ideas, still, as a fact, there is but little in the history of the Roman commonwealth which reflects much glory on the people, except when controlled and marshalled by the aristocracy. Just so far as the popular element prevailed, the state was hurried on to ruin. The aristocratical element had the ascendency when Rome was most prosperous and most respected. Yet, while the Roman const.i.tution was essentially aristocratic for five hundred years, it had a strong popular element mingled with it. The patricians had the chief power, but they were not lords and masters in so absolute a sense as to trample on the people with impunity, nor were they able to deprive them of their rights, or of all share in the government. They were not feudal n.o.bles, nor a Venetian oligarchy. And yet it were a mistake to suppose that the distinction between the cla.s.ses implied that the aristocratic power was lodged with the patricians alone. The patricians were not necessarily aristocrats, nor the plebeians a rabble. The political distinctions pa.s.sed away without destroying social inequalities. There were great families among the plebeians which really belonged to the aristocratic cla.s.s, at least in the time of Cicero. Aristocracy may have been based on birth, as in England, but it was sustained by wealth, as in that country. A very rich man gained, ultimately, admission to the n.o.ble cla.s.s, as Rothschild has in London. Without wealth to uphold distinctions, any aristocracy soon becomes contemptible. That organization of society is most aristocratic which confers great political and social privileges on a few men, and retains these privileges from generation to generation, as in France during the reign of Louis XV. The state of society at Rome under the republic, favored the monopoly of offices among powerful families. It was considered very remarkable for even Cicero to rise to the highest honors of the state with his magnificent genius, character, attainments, and services; but he shared the consulship with a man of very ordinary capacity. The great offices were all in the hands of the aristocracy, from the expulsion of the kings to the times of Julius Caesar. Even the tribunes of the people ultimately were selected from powerful families.

[Sidenote: The Patricians.]

[Sidenote: The Roman _Gens_.]

The Roman people--_Roma.n.u.s populus_--under the kings, the original citizens, were the warriors who built Rome, and conquered the surrounding cities and districts. They were called _patres_, which is synonymous with Patricians. [Footnote: Cicero, _De Repub._, ii.

12 Liv., i. 8.] They were united among themselves by kindred and by political and religious ties. They supported themselves by agriculture although engaged continually in war. They consisted originally of three tribes, which gradually were united into the sovereign people. The first tribe was a Latin colony, and settled on the Palatine Hill; the second were Sabine settlers on the Quirinal; the third were Etruscans, who occupied the Caelian. They were distinct, at first, and were not united fully till the time of Tarquinius Priscus, himself an Etruscan.

[Footnote: Dionys., ii. 62.] As there were no other Roman citizens but these patricians, they had no exclusive rights under the kings, and hence there was then no aristocracy of birth. Each of these three tribes of citizens consisted of ten curiae, and each curia of ten decuries, or gentes. The three tribes, therefore, contained three hundred gentes. A gens was a family, and the gentes were aggregates of kindred families.

[Footnote: Nieb., Lect. V.] The name of a gens was generally characterized by the termination _eia_ or _ia_, as Julia, Cornelia, and it is to be presumed that each gens had a common ancestor.

But with the growth of the city it came to pa.s.s that a gens often included a great number of families; we read of three hundred Fabii forming the gens Fabia in the year 275. These families composed, ultimately, the aristocracy. They were the people who filled all offices, and alone had the right of voting in the a.s.semblies. As the gentes were subdivisions of the three ancient tribes, the _populus_ alone had _gentes_, so that to be a patrician and to have a gens were synonymous. With the growth of Rome new gentes or families were added which did not claim descent from the ancient tribes. The powerful gens of the Claudia came to Rome with Atta Claudius, their head, after the expulsion of the kings. Tullus Hostilius incorporated the Julii, Servilii and other gentes with the patricians. This ruling cla.s.s, the descendants of the conquerors, became a powerful aristocracy, and ultimately learned to value pride of blood. There are very few names in Roman history, until the time of Marius, which did not belong to this n.o.ble cla.s.s. What proud families were the Servilii, the Claudii, the Julii, the Cornelii, the Fabii, the Valerii, the Semp.r.o.nii, the Octavii, the Sergii, and others. [Footnote: Liv., i. 33. Dionys., iii. 31.]

The _Equites_ were originally elected from the patricians, and were cavalry soldiers, and did not form a distinct cla.s.s till the time of the Gracchi. They were composed of rich citizens, whose wealth enabled them to become judices. They had the privilege of wearing a gold ring, and had seats reserved for them, like the Senate, at the theatre and circus.

They increased in number with the increase of wealth, and formed an honorable corps from which the highest officers of the army and the civil magistrates were chosen. Admission to this body was an introduction to public life, and was a test of social position. It was composed of rich plebeians as well as patricians, and was based wholly on wealth. Pliny says, "It became the third order in the state, and to the t.i.tle of _Senatus Populusque Roma.n.u.s_, there began to be added, _et Equestris ordo_."

[Sidenote: The Roman plebs.]

[Sidenote: The tribunes.]

[Sidenote: Gradual increase of their power.]

[Sidenote: Their usurpations.]

Beside this _Roma.n.u.s populus_, which const.i.tuted the ruling cla.s.s under kings, was another body, made up of conquered people. In early times their number was small, nor did they appear as a distinct cla.s.s until the reign of Tullus Hostilius. After the subjection of Alba, the head of the Latin Confederacy, great numbers were transferred to Rome, and received settlements on the Caelian Hill, and were kept under submission to the patricians. As the Roman conquests extended, their numbers increased, until they formed the larger part of the population.

They were called _plebs_, or commonalty, and had no political privileges whatever. They had not even the right of suffrage; but they were enrolled in the army, [Footnote: Liv., i. 33. Dionys., iii. 31. ]

and made to bear the expenses of the state. At first they were not allowed to intermarry with the patricians. Their oppression provoked resistance. The struggle which ensued is one of the most memorable in Roman history. The haughty oligarchy were obliged gradually to concede rights. These rights the _plebs_ retained. First they gained a law which prevented patricians from taking usurious interest. They secured the appointment of tribunes for their protection. Soon after they had the right of summoning before their own _Comitia tributa_ any one who violated their rights. In 449 they had influence sufficient to establish the Connubium, by which they could intermarry with patricians.

In 421 the plebeians were admitted to the quaestorship. Then, after a fierce contest, they were made decemvirs. Their next right was the dignity of the consulship, and led to the dictatorship. In 351 they secured the censorship, and in 336 the praetorship. Political distinctions now vanished. The possession of a share of the great offices created powerful families, and these were incorporated with the aristocracy. The great privilege of securing tribunes was the first step to political power, and the most important in the const.i.tutional history of the state. And it was the tribunes who gradually usurped the greatest powers. They a.s.sumed the right, in 456, of convoking even the Senate.

They also had the right to be present in the deliberations of the Senate; as their persons were inviolable, they interceded against any action which a magistrate might undertake during his term of office, and even a command issued by a praetor. They could compel the Senate to submit a question to a fresh consultation, and ultimately compelled the consuls to appoint a dictator. Their power grew to such a height that they acquired the right of proposing to the _Comitia tributa_, or the Senate, measures on nearly all the important affairs of the state, and finally were elected from among the Senators themselves.

[Sidenote: Advancement of Plebeians.]

Through the inst.i.tution of tribunes, and other circ.u.mstances, especially the increase of wealth, the plebeians, originally so unimportant and insignificant that they could not obtain admission into the Senate, nor the high offices of state, nor the occupancy of the public lands, ultimately obtained all the rights of the patricians, so that gradually the political distinctions between patricians and plebeians vanished altogether, 286 B.C., and the term _populus_ was applied to them as well as to the patricians. [Footnote: Liv., iv. 44; v. 11,12. Cicero _de Repub._, ii. 37.]

[Sidenote: Gradual increase of their power.]

These rights were only secured by bitter and fierce contests. The plebeians, during their long struggle, did not seek power to gratify their ambition, but to protect themselves from oppression. Nor was the power which they obtained abused until near the close of the Republic.

But while they ultimately were blended, politically, with the patricians, still the latter monopolized most of the great offices of the state until the time of Cicero, and socially, always were preeminent. Yet there were many n.o.ble plebeian families who were blended with the aristocratic cla.s.s. Aristocracy survived, after the political distinctions between the two cla.s.ses were abrogated. Rome was never a democracy. Great families, whether patrician or plebeian, controlled the State, either by their wealth or social connections. The Roman n.o.bility was really composed of all the families rendered ill.u.s.trious by the offices they had filled. And as the great officers were taken generally from the Senate, that body was particularly august.

[Sidenote: The Senate.]

[Sidenote: The prerogative of Senators.]

Until the usurpation of Caesar, the Senate was the great controlling power of the republic. It not only had peculiar privileges and powers, but a monopoly of offices. It always remained powerful, in spite of the victories of the plebeians. The laws proclaimed equality, but for fifty- nine years after the plebeians had the right of appointment as military tribunes, only eighteen were plebeians, [Footnote: _Hist. Julius Caesar_, by Napoleon; chap. ii. 5.] while two hundred and forty-six were patricians; and while the right of admission to the Senate was acknowledged on principle, yet no one could enter it without having obtained a decree of the censor, or exercised a curule magistracy,-- favors almost always reserved for the aristocracy. The Senate was a judicial and legislative body, and numbered for several centuries but three hundred men, selected from the patricians. At first they were appointed by the kings, afterwards by the consuls, and subsequently by the censors. But as all those who had been appointed by the _populus_ to the great offices had admission into this body, the people, that is, the patricians, virtually nominated the candidates for the Senate. But all magistrates were not necessarily members of the Senate, only those whom the censors selected from among them, and the curule magistrates during their office. It was from these curule magistrates that vacancies were filled up. The office of senator was for life. When the plebeians obtained the great offices, the Senate of course represented the whole people, as it formerly had represented the _populus_. But it was never a democratic a.s.sembly, for all its members belonged to the n.o.bles. It required, under Augustus, 1,200,000 sesterces to support the senatorial dignity. Only a rich man could be, therefore, a senator. Nor could he carry on any mercantile business. The Senate was ever composed of men who had rendered great public services, or who were distinguished for wealth and talents. It was probably the most dignified and the proudest body of men ever a.s.sembled. The powers of the Senate were enormous. It had the general superintendence of matters of religion and foreign relations; it commanded the levies of troops; it regulated duties and taxes; it gave audience to amba.s.sadors; it proposed, for a long time, the candidates for office to the _Comitia_; it determined upon the way that war should be conducted; it decreed to what provinces the consuls and praetors should be sent; it appointed governors of provinces; it sent out emba.s.sies to foreign states; it carried on the negotiations with foreign amba.s.sadors; it declared martial law in the appointment of dictators, and it decreed triumphs to fortunate generals. In short it was the supreme power in the state, and was the medium through which all the affairs of government pa.s.sed. It was neither an hereditary, nor a popular body, yet represented the state--at first the patrician order, and finally the whole people, retaining to the end its aristocratic character. The senators wore on their tunics a broad purple stripe,--a badge of distinction, like a modern decoration,--and they had the exclusive rights of the orchestra at theatres and amphitheatres. [Footnote: See article in Smith's _Dict. of Ant._, by Dr. Schmitz.] Under the emperors, the Senate was degraded, and was made entirely subservient to their will, and a mouth-piece; still it survived all the changes of the const.i.tution, and was always a dignified and privileged body. It combined, in its glory, more functions than the English Parliament; it was convoked by the curule magistrates, and finally by the tribunes. The most ancient place of a.s.sembly was the Curia Hostilia, though subsequently many temples were used. The majority of votes decided a question, and the order in which senators spoke and voted was determined by their rank, in the following order: president of the Senate, consuls, censors, praetors, aediles, tribunes, quaestors. Their decisions, called _Senatus Consulta_, were laws--_leges_--and were entrusted to the care of aediles and tribunes. [Footnote: Nieb. _Roman Hist._, viii. p. 264.]

[Sidenote: The Senate composed of patricians and plebeians.]

[Sidenote: The Senate hold the great offices of state.]

Such was the Roman Senate--an a.s.sembly of n.o.bles, whether patrician or plebeian. The descendants of all who had filled curule magistracies were _n.o.biles_, and had the privilege of placing in the atrium of the house the images and t.i.tles of their ancestors--an heraldic distinction in substance. And as the patricians carried back their pedigree to the remotest historical period, there was great pride of blood. Few plebeians could boast of a remote and ill.u.s.trious ancestry, and every plebeian who obtained a curule office, was the founder of his family's n.o.bility, like Cicero--a _novus h.o.m.o_. This n.o.bility contrived to keep possession of all the great offices, and it was difficult for a new man to get access to their ranks. The distinction of Patrician and Plebeian was secondary, after the _Gracchi_ to that of _n.o.bilitas_, yet it was rare to find a patrician gens the families of which had not enjoyed the highest honors many times over. Thus the aristocracy was composed of the families of those who had held the highest offices of the state; but as these offices were controlled by the Senate and enjoyed by the patricians chiefly, it was difficult to determine whether n.o.bility was the result of patrician blood, or the possession of great offices. A man could scarcely be a patrician who had not held a great office; nor could he often hold a great office unless he were a patrician. The great offices were held in succession by the members of the Senate. The two consuls, the ten tribunes, the eight praetors in the time of Sulla--the twenty quaestors, together with the governors of provinces, and the generals who were selected from the Senate, or belonged to it, would necessarily compose a large part of the n.o.bility, when their term of office lasted but a limited time, so that a senator with any ability was sure, in the course of his life, of the highest honors of the state.

[Sidenote: But only those who had distinguished themselves.]

The great executive officers, therefore, belonged to the n.o.ble cla.s.s, not of necessity, but as a general thing. Cicero was a _novus h.o.m.o_, and yet rose by his talents to the highest dignities. It was rare, however, to confer the highest offices on those who had not distinguished themselves in war. Military fame, after all, gave the greatest prestige to the Roman name. Consuls commanded armies, but they would not have been chosen consuls except for military, as well as political, talent.

[Sidenote: The Consuls.]

The consul was, after the abolition of the monarchy, the highest officer of the state. It was not till the year 366 B.C. that a plebeian obtained this dignity. The powers of consuls were virtually those of the old kings, with the exception of priestly authority. They convened the Senate, introduced amba.s.sadors, called together the people, conducted elections, commanded the armies and never appeared in public without lictors. Nor were they shorn of their powers till Julius Caesar a.s.sumed the dictatorship. The whole internal machinery of the state was under their control. But their term of office lasted only a single year. Their election took place in the _Comitia Centuriata_.

[Sidenote: The censors.]

The censors were next in dignity, and like the consuls, there were two, and elected in the same manner under the presidency of a consul; only men of consular rank were chosen to this high office, and hence it was really higher than the consulship. The censors were chosen for a longer term than the consuls, and had the oversight of the public morals, the care of the census, and the administration of the finances. They could brand with ignominy the highest persons of the state, and could elect to the Senate, and exclude from it unworthy men. They had, with the aediles, the control of the public buildings and all public works. They could take away from a knight his horse, and punish extravagance in living, or the improper dissolution of the marriage rite. They were held in the greatest reverence, and when they died were honored with magnificent funerals.

[Sidenote: The praetors.]

Next in rank were the praetors, at first two in number, and ultimately sixteen. They exercised the judicial power, both in civil and criminal cases.

[Sidenote: The aediles.]

The aediles were also curule magistrates, and to them was entrusted the care of the public buildings, and the superintendence of public festivals. They were the keepers of the decrees of the Senate, and of the plebiscita. They superintended the distribution of water, the care of the streets, the drainage of the city, and the distribution of corn to the people. It was their business to see that no new deities were introduced, and they had the general superintendence of the police, and the inspection of baths. Their office entailed large expenses, and they were forced into great extravagance to gain popularity, as in the case of Julius Caesar and Aemilius Scaurus; but the aediles exercised extensive powers, which, however, were essentially diminished under the emperors.

[Sidenote: The tribunes.]

Allusion has already been made to the tribunes, in connection with the development of the plebeian power. At first they were only two, then in creased to five, and finally to ten. It was their business to protect the plebs from the oppression of n.o.bles, but their authority was so much increased in the time of Julius Caesar that they could veto an ordinance of the Senate. [Footnote: Caesar, _De Beil Civ_., 1, 2.] They not only could stop a magistrate in his proceedings, but command their viatores to seize a consul or a censor, to imprison him, or throw him from the Tarpeian rock. [Footnote: Liv. ii. 56, iv. 26; Cicero, _De Legibus_, iii. 9.] The college of tribunes had the power of making edicts. After the pa.s.sage of the Hortensian law, there was no power equal to theirs, and they could dictate even to the Senate itself. In the latter days of the republic, the tribunes were generally elected from among the senators. It was the vast influence which the people had obtained through the tribunes which led to the usurpation of Caesar; for he, as well as Marius, rose into power by courting them against the interests of the aristocracy.

[Sidenote: The quaestors.]

The last of the great magistrates whose office ent.i.tled them to a seat in the Senate were the quaestors, who had charge of the public money.

Originally only two in number, they were raised by Sulla to twenty, and by Caesar to forty, for political influence. As the Senate had the supreme direction of the finances they were merely its agents or paymasters. The proconsul or praetor, who had the administration of a province, was attended with a quaestor to regulate the collection of the revenues. The quaestors also were the paymasters of the army.

Such were the great executive officers of the state, having a seat in the Senate, and belonging to the n.o.ble cla.s.s by their official position as well as by birth. No one could be consul until he had pa.s.sed through all these offices successively, except the censorship.