The Nobility in Possession of the Senate
The dependence de jure of the Roman senate of the republic, more especially of the larger patricio-plebeian senate, on the magistracy had rapidly become lax, and had in fact been converted into independence. The subordination of the public magistracies to the state-council, introduced by the revolution of 244[9]; the transference of the right of summoning men to the senate from the consul to the censor[10]; lastly, and above all, the legal recognition of the right of those who had been curule magistrates to a seat and vote in the senate[11], had converted the senate from a council summoned by the magistrates and in many respects dependent on them into a governing corporation virtually independent, and in a certain sense filling up its own ranks; for the two modes by which its members obtained admission - election to a curule office and summoning by the censor - were both virtually in the power of the governing board itself. The burgesses, no doubt, at this epoch were still too independent to allow the entire exclusion of non-nobles from the senate, and the nobility were perhaps still too judicious even to wish for this; but, owing to the strictly aristocratic gradations in the senate itself - in which those who had been curule magistrates were sharply distinguished, according to their respective classes of consulares, praetorii, and aedilicii, from the senators who had not entered the senate through a curule office and were therefore excluded from debate - the non-nobles, although they probably sat in considerable numbers in the senate, were reduced to an insignificant and comparatively uninfluential position in it, and the senate became substantially a mainstay of the nobility.
The Nobility in Possession of the Equestrian Centuries
The institution of the equites was developed into a second, less important but yet far from unimportant, organ of the nobility. As the new hereditary nobility had not the power to usurp sole possession of the comitia, it necessarily became in the highest degree desirable that it should obtain at least a separate position within the body representing the community. In the assembly of the tribes there was no method of managing this; but the equestrian centuries under the Servian organization seemed as it were created for the very purpose. The 1800 horses which the community furnished[12] were constitutionally disposed of likewise by the censors. It was, no doubt, the duty of these to select the equites on military grounds and at their musters to insist that all horsemen incapacitated by age or otherwise, or at all unserviceable, should surrender their public horse; but the very nature of the institution implied that the equestrian horses should be given especially to men of means, and it was not at all easy to hinder the censors from looking to genteel birth more than to capacity, and from allowing men of standing who were once admitted, senators particularly, to retain their horse beyond the proper time. Perhaps it was even fixed by law that the senator might retain it as long as he wished. Accordingly it became at least practically the rule for the senators to vote in the eighteen equestrian centuries, and the other places in these were assigned chiefly to the young men of the nobility. The military system, of course, suffered from this not so much through the unfitness for effective service of no small part of the legionary cavalry, as through the destruction of military equality to which the change gave rise, inasmuch as the young men of rank more and more withdrew from service in the infantry. The closed aristocratic corps of the equites proper came to set the tone for the whole legionary cavalry, taken from the citizens who were of highest position by descent and wealth. This enables us in some degree to understand why the equites during the Sicilian war refused to obey the order of the consul Gaius Aurelius Cotta that they should work at the trenches with the legionaries (502), and why Cato, when commander-in-chief of the army in Spain, found himself under the necessity of addressing a severe reprimand to his cavalry. But this conversion of the burgess-cavalry into a mounted guard of nobles redounded not more decidedly to the injury of the commonwealth than to the advantage of the nobility, which acquired in the eighteen equestrian centuries a suffrage not merely separate but giving the tone to the rest.
Separation of the Orders in the Theatre
Of a kindred character was the formal separation of the places assigned to the senatorial order from those occupied by the rest of the multitude as spectators at the national festivals. It was the great Scipio, who effected this change in his second consulship in 560. The national festival was as much an assembly of the people as were the centuries convoked for voting; and the circumstance that the former had no resolutions to pass made the official announcement of a distinction between the ruling order and the body of subjects - which the separation implied - all the more significant. The innovation accordingly met with much censure even from the ruling class, because it was simply invidious and not useful, and because it gave a very manifest contradiction to the efforts of the more prudent portion of the aristocracy to conceal their exclusive government under the forms of civil equality.
The Censorship a Prop of the Nobility
These circumstances explain, why the censorship became the pivot of the later republican constitution; why an office, originally standing by no means in the first rank, came to be gradually invested with external insignia which did not at all belong to it in itself and with an altogether unique aristocratic-republican glory, and was viewed as the crown and completion of a well-conducted public career; and why the government looked upon every attempt of the opposition to introduce their men into this office, or even to hold the censor responsible to the people for his administration during or after his term of office, as an attack on their palladium, and presented a united front of resistance to every such attempt. It is sufficient in this respect to mention the storm which the candidature of Cato for the censorship provoked, and the measures, so extraordinarily reckless and in violation of all form, by which the senate prevented the judicial prosecution of the two unpopular censors of the year 550. But with their magnifying the glory of the censorship the government combined a characteristic distrust of this, their most important and for that very reason most dangerous, instrument. It was thoroughly necessary to leave to the censors absolute control over the personal composition of the senate and the equites; for the right of exclusion could not well be separated from the right of summoning, and it was indispensable to retain such a right, not so much for the purpose of removing from the senate capable men of the opposition - a course which the smooth-going government of that age cautiously avoided - as for the purpose of preserving around the aristocracy that moral halo, without which it must have speedily become a prey to the opposition. The right of ejection was retained; but what they chiefly needed was the glitter of the naked blade - the edge of it, which they feared, they took care to blunt. Besides the check involved in the nature of the office - under which the lists of the members of the aristocratic corporations were liable to revision only at intervals of five years - and besides the limitations resulting from the right of veto vested in the colleague and the right of cancelling vested in the successor, there was added a farther check which exercised a very sensible influence; a usage equivalent to law made it the duty of the censor not to erase from the list any senator or knight without specifying in writing the grounds for his decision, or, in other words, adopting, as a rule, a quasi-judicial procedure.
Remodelling of the Constitution According to the Views of the Nobility - Inadequate Number of Magistrates
In this political position - mainly based on the senate, the equites, and the censorship - the nobility not only usurped in substance the government, but also remodelled the constitution according to their own views. It was part of their policy, with a view to keep up the appreciation of the public magistracies, to add to the number of these as little as possible, and to keep it far below what was required by the extension of territory and the increase of business. Only the most urgent exigencies were barely met by the division of the judicial functions hitherto discharged by a single praetor between two judges - one of whom tried the lawsuits between Roman burgesses, and the other those
that arose between non-burgesses or between burgess and non-burgess - in 511, and by the nomination of four auxiliary consuls for the four transmarine provinces of Sicily (527), Sardinia including Corsica (527), and Hither and Further Spain (557). The far too summary mode of initialing processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
Election of Officers in the Comitia
Among the innovations originated by the government - which were none the less innovations, that almost uniformly they changed not the letter, but merely the practice of the existing constitution - the most prominent were the measures by which the filling up of officers' posts as well as of civil magistracies was made to depend not, as the letter of the constitution allowed and its spirit required, simply on merit and ability, but more and more on birth and seniority. As regards the nomination of staff-officers this was done not in form, but all the more in substance. It had already, in the course of the previous period, been in great part transferred from the general to the burgesses[13]; in this period came the further step, that the whole staff-officers of the regular yearly levy - the twenty-four military tribunes of the four ordinary legions - were nominated in the comitia tributai. Thus a line of demarcation more and more insurmountable was drawn between the subalterns, who gained their promotion from the general by punctual and brave service, and the staff, which obtained its privileged position by canvassing the burgesses[14]. With a view to check simply the worst abuses in this respect and to prevent young men quite untried from holding these important posts, it became necessary to require, as a preliminary to the bestowal of staff appointments, evidence of a certain number of years of service. Nevertheless, when once the military tribunate, the true pillar of the Roman military system, was laid down as the first stepping-stone in the political career of the young aristocrats, the obligation of service inevitably came to be frequently eluded, and the election of officers became liable to all the evils of democratic canvassing and of aristocratic exclusiveness. It was a cutting commentary on the new institution, that in serious wars (as in 583) it was found necessary to suspend this democratic mode of electing officers, and to leave once more to the general the nomination of his staff.
Restrictions on the Election of Consuls and Censors
In the case of civil offices, the first and chief object was to limit re-election to the supreme magistracies. This was certainly necessary, if the presidency of annual kings was not to be an empty name; and even in the preceding period reelection to the consulship was not permitted till after the lapse often years, while in the case if the censorship it was altogether forbidden[15]. No farther law was passed in the period before us; but an increased stringency in its application is obvious from the fact that, while the law as to the ten years' interval was suspended in 537 during the continuance of the war in Italy, there was no farther dispensation from it afterwards, and indeed towards the close of this period re-election seldom occurred at all. Moreover, towards the end of this epoch (574) a decree of the people was issued, binding the candidates for public magistracies to undertake them in a fixed order of succession, and to observe certain intervals between the offices, and certain limits of age. Custom, indeed, had long prescribed both of these; but it was a sensibly felt restriction of the freedom of election, when the customary qualification was raised into a legal requirement, and the right of disregarding such requirements in extraordinary cases was withdrawn from the elective body. In general, admission to the senate was thrown open to persons belonging to the ruling families without distinction as to ability, while not only were the poorer and humbler ranks of the population utterly precluded from access to the offices of government, but all Roman burgesses not belonging to the hereditary aristocracy were practically excluded, not indeed exactly from the senate, but from the two highest magistracies, the consulship and the censorship. After Manius Curius and Gaius Fabricius[16], no instance can be pointed out of a consul who did not belong to the social aristocracy, and probably no instance of the kind occurred at all. But the number of the gentes, which appear for the first time in the lists of consuls and censors in the half-century from the beginning of the war with Hannibal to the close of that with Perseus, is extremely limited; and by far the most of these, such as the Flaminii, Terentii, Porcii, Acilii, and Laelii, may be referred to elections by the opposition, or are traceable to special aristocratic connections. The election of Gaius Laelius in 564, for instance, was evidently due to the Scipios. The exclusion of the poorer classes from the government was, no doubt, required by the altered circumstances of the case. Now that Rome had ceased to be a purely Italian state and had adopted Hellenic culture, it was no longer possible to take a small farmer from the plough and to set him at the head of the community. But it was neither necessary nor beneficial that the elections should almost without exception be confined to the narrow circle of the curule houses, and that a "new man" could only make his way into that circle by a sort of usurpation[17]. No doubt a certain hereditary character was inherent not merely in the nature of the senate as an institution, in so far as it rested from the outset on a representation of the clans[18], but in the nature of aristocracy generally, in so far as statesmanly wisdom and statesmanly experience are bequeathed from the able father to the able son, and the inspiring spirit of an illustrious ancestry fans every noble spark within the human breast into speedier and more brilliant flame. In this sense the Roman aristocracy had been at all times hereditary; in fact, it had displayed its hereditary character with great naivete in the old custom of the senator taking his sons with him to the senate, and of the public magistrate decorating his sons, as it were by anticipation, with the insignia of the highest official honour - the purple border of the consular, and the golden amulet-case of the triumphator. But, while in the earlier period the hereditariness of the outward dignity had been to a certain extent conditioned by the inheritance of intrinsic worth, and the senatorial aristocracy had guided the state not primarily by virtue of hereditary right, but by virtue of the highest of all rights of representation - the right of the excellent, as contrasted with the ordinary, man - it sank in this epoch (and with specially great rapidity after the end of the Hannibalic war) from its original high position, as the aggregate of those in the community who were most experienced in counsel and action, down to an order of lords filling up its ranks by hereditary succession, and exercising collegiate misrule.
Family Government
Indeed, matters had already at this time reached such a height, that out of the grave evil of oligarchy there emerged the still worse evil of usurpation of power by particular families. We have already spoken[19] of the offensive family-policy of the conqueror of Zama, and of his unhappily successful efforts to cover with his own laurels the incapacity and pitifulness of his brother; and the nepotism of the Flaminini was, if possible, still more shameless and scandalous than that of the Scipios. Absolute freedom of election in fact turned to the advantage of such coteries far more than of the electing body. The election of Marcus Valerius Corvus to the consulship at twenty-three had doubtless been for the benefit of the state; but now, when Scipio obtained the aedileship at twenty-three and the consulate at thirty, and Flamininus, while not yet thirty years of age, rose from the quaestorship to the consulship, such proceedings involved serious danger to the republic. Things had already reached such a pass, that the only effective barrier against family rule and its consequences had to be found in a government strictly oligarchical; and this was the reason why even the party otherwise opposed to the oligarchy agreed to restrict the freedom of election.
Government of the Nobility - Internal Administration
The government bore the stamp of this gradual change in the spirit of the governing class. It is true that the administration of external affairs was still dominated at this epoch by that consistency and energy, by which the rule of the Roman community over Italy had been establ
ished. During the severe disciplinary times of the war as to Sicily the Roman aristocracy had gradually raised itself to the height of its new position; and if it unconstitutionally usurped for the senate functions of government which by right foil to be shared between the magistrates and the comitia alone, it vindicated the step by its certainly far from brilliant, but sure and steady, pilotage of the vessel of the state during the Hannibalic storm and the complications thence arising, and showed to the world that the Roman senate was alone able, and in many respects alone deserved, to rule the wide circle of the Italo-Hellenic states. But admitting the noble attitude of the ruling Roman senate in opposition to the outward foe - an attitude crowned with the noblest results - we may not overlook the fact, that in the less conspicuous, and yet far more important and far more difficult, administration of the internal affairs of the state, both the treatment of the existing arrangements and the new institutions betray an almost opposite spirit, or, to speak more correctly, indicate that the opposite tendency has already acquired the predominance in this field.
Decline in the Administration
In relation, first of all, to the individual burgess the government was no longer what it had been. The term "magistrate" meant a man who was more than other men; and, if he was the servant of the community, he was for that very reason the master of every burgess. But the tightness of the rein was now visibly relaxed. Where coteries and canvassing flourish as they did in the Rome of that age, men are chary of forfeiting the reciprocal services of their fellows or the favour of the multitude by stern words and impartial discharge of official duty. If now and then magistrates appeared who displayed the gravity and the sternness of the olden time, they were ordinarily, like Cotta (502) and Cato, new men who had not sprung from the bosom of the ruling class. It was already something singular, when Paullus, who had been named commander-in-chief against Perseus, instead of tendering his thanks in the usual manner to the burgesses, declared to them that he presumed they had chosen him as general because they accounted him the most capable of command, and requested them accordingly not to help him to command, but to be silent and obey. As to Military Discipline and Administration of Justice The supremacy and hegemony of Rome in the territories of the Mediterranean rested not least on the strictness of her military discipline and her administration of justice. Undoubtedly she was still, on the whole, at that time infinitely superior in these respects to the Hellenic, Phoenician, and Oriental states, which were without exception thoroughly disorganized; nevertheless grave abuses were already occurring in Rome. We have previously[20] pointed out how the wretched character of the commanders-in-chief - and that not merely in the case of demagogues chosen perhaps by the opposition, like Gaius Flaminius and Gaius Varro, but of men who were good aristocrats - had already in the third Macedonian war imperilled the weal of the state. And the mode in which justice was occasionally administered is shown by the scene in the camp of the consul Lucius Quinctius Flamininus at Placentia (562). To compensate a favourite youth for the gladiatorial games of the capital, which through his attendance on the consul he had missed the opportunity of seeing, that great lord had ordered a Boian of rank who had taken refuge in the Roman camp to be summoned, and had killed him at a banquet with his own hand. Still worse than the occurrence itself, to which various parallels might be adduced, was the fact that the perpetrator was not brought to trial; and not only so, but when the censor Cato on account of it erased his name from the roll of the senate, his fellow-senators invited the expelled to resume his senatorial stall in the theatre - he was, no doubt, the brother of the liberator of the Greeks, and one of the most powerful coterie-leaders in the senate.
The History of Rome. Book III Page 40