THE ROMAN CONSTITUTION AND ARMY.
The career of foreign conquest upon which the Republic had now entered
continued with little or no interruption till the establishment of the
Empire. We may here pause to take a brief survey of the form of
government, as well as of the military organization by which these
conquests were effected.
The earlier history of the Roman constitution has been already related.
We have seen how, after a long struggle, the Plebeians acquired complete
political equality with the Patricians. In the Second Punic War, the
antagonism between the two orders had almost disappeared, and the only
mark of separation between them in political matters was the regulation
that, of the two Consuls and two Censors, one must be a Patrician and
the other a Plebeian. Even this fell into disuse upon the rise of the
new Nobility, of which we shall speak in the next chapter. The
Patricians gradually dwindled away, and it became the custom to elect
both Consuls and Censors from the Plebeians.[38]
* * * * *
I. THE MAGISTRATES.--Every Roman citizen who aspired to the consulship
had to pass through a regular gradation of public offices, and the
earliest age at which he could become a candidate for them was fixed by
a law passed in B.C. 179, and known by the name of the Lex Annalis. The
earliest age for the Quæstorship, which was the first of these
magistracies, was 27 years; for the Ædileship, 37; for the Prætorship,
40; and for the Consulship, 43.
All magistrates at Rome were divided into _Curules_ and those who were
not Curules. The Curule Magistrates were the Dictators, Censors,
Consuls, Prætors, and Curule Ædiles, and were so called because they had
the right of sitting upon the _Sella Curulis_, originally an emblem of
kingly power, imported, along with other insignia of royalty, from
Etruria.
1. The _Quæstors_ were the paymasters of the state. It was their duty to
receive the revenues, and to make all the necessary payments for the
military and civil services. There were originally only two Quæstors,
but their number was constantly increased with the conquests of the
Republic. Besides two Quæstors who always remained at Rome, every Consul
or Prætor who conducted a war or governed a province was attended by one
of these magistrates.
2. The _Ædileship_ was originally a Plebeian office, instituted at the
same time as the Tribuneship of the Plebs.[39] To the two Plebeian
Ædiles two Curule Ædiles were added in B.C. 365. The four Ædiles in
common had the charge of the public buildings,[40] the care of the
cleansing and draining of the city, and the superintendence of the
police. They had also the regulation of the public festivals; and the
celebration of the Ludi Magni, or Great Games, was their especial
function. Originally they received a sum of money from the state to
defray the expenses of these games, but the grant was withdrawn about
the time of the First Punic War; a measure attended with important
consequences, since the higher magistracies were thus confined to the
wealthy, who alone could defray the charges of these costly
entertainments. After the Macedonian and Syrian wars, the Curule Ædiles
often incurred a prodigious expense, with the view of pleasing the
people, and securing their votes in future elections.
3. The institution of the _Prætorship_ in B.C. 366 has been already
narrated. There was originally only one Prætor, subsequently called
Prætor Urbanus, whose chief duty was the administration of justice. In
B.C. 246 a second Prætor was added, who had to decide cases in which
foreigners were concerned, and who was hence called Prætor Peregrinus.
When the territories of the state extended beyond Italy, new Prætors
were created to govern the provinces. Two Prætors were appointed to
take the administration of Sicily and Sardinia (B.C. 227), and two more
were added when the two Spanish provinces were formed (B.C. 197). There
were thus six Prætors, two of whom staid in the city and the other four
went abroad. Each Prætor was attended by six Lictors.
4. The _Consuls_ were the highest ordinary magistrates at Rome, and were
at the head both of the state and the army. They convoked the Senate and
the Assembly of the Centuries; they presided in each, and had to see
that the resolutions of the Senate and the People were carried into
effect. They had the supreme command of the armies in virtue of the
Imperium conferred upon them by a special vote of the People. At the
head of the army, they had full power of life and death over their
soldiers. They were preceded by twelve lictors, but this outward sign of
power was enjoyed by them month by month in turn.
The magistrates above-mentioned were elected annually, but it was the
practice frequently to prolong the command of the Consuls or Prætors in
the provinces under the titles of Proconsuls or Proprætors. In the later
times of the Republic it was usual for both Consuls and several Prætors
to remain at Rome during their year of office, and at its close to take
the command of provinces, with the titles of Proconsuls or Proprætors.
5. The _Dictatorship_, which occurs so often in the early history of the
Republic, disappears altogether after the Second Punic War. As the
Republic became powerful, and had no longer to dread any enemies in
Italy, there was no necessity for such an extraordinary magistracy as
the Dictatorship, but whenever internal dangers seemed to require a
stronger executive, the Senate invested the Consuls with dictatorial
power.[41]
6. The _Censors_ were two in number, elected every five years, but they
held their office for a year and a half. They were taken, as a general
rule, from those who had been previously Consuls, and their office was
regarded as the highest dignity in the state. Their duties, which were
very extensive and very important, may be divided into three classes,
all of which, however, were closely connected.
(_a_). Their first and most important duty was to take the Census. This
was not simply a list of the population, according to the modern use of
the word, but a valuation of the property of every Roman citizen. This
valuation was necessary, not only for the assessment of the
property-tax, but also for determining the position of every citizen in
the state, which was regulated, in accordance with the constitution of
Servius Tullius, by the amount of his property. Accordingly, the Censors
had to draw up lists of the Classes and Centuries. They also made out
the lists of the Senators and Equites, striking out the names of all
whom they deemed unworthy, and filling up all vacancies in the Senate.
(_b._) The Censors possessed a general control over the conduct and
morals of the citizens. In the exercise of this important power they
were not guided by any rules of law, but simply by their own sense of
duty. They punished acts of private as well as public immorality, and
visited with their censure not only offenses against the laws, but every
thing opposed to the old Roman character and habits, such as living in
celibacy, extravagance, luxury, etc. They had the power of degrading
every citizen to a lower rank, of expelling Senators from the Senate, of
depriving the Equites of their horses, and of removing ordinary citizens
from their tribes, and thus excluding them from all political rights.
(_c._) The Censors also had the administration of the finances of the
state, under the direction of the Senate. They let out the taxes to the
highest bidders for the space of a lustrum, or five years.[42] They
likewise received from the Senate certain sums of money to keep the
public buildings, roads, and aqueducts in repair,[43] and to construct
new public works in Rome and other parts of Italy. Hence we find that
many of the great public roads, such as the Via Appia and Via Flaminia,
were made by Censors.
* * * * *
II. THE SENATE.--The Senate was in reality the executive government of
Rome, and the Magistrates, of whom we have been speaking, were only its
ministers. The Senate consisted of Three Hundred members, who held the
dignity for life unless expelled by the Censors for reasons already
mentioned, but they could not transmit the honor to their sons. All
vacancies in the body were filled up by the Censors every five years
from those who had held the Quæstorship or any higher magistracy. The
Censors were thus confined in their selection to those who had already
received the confidence of the people, and no one could therefore enter
the Senate unless he had some experience in political affairs.
The power of the Senate was very great. It exercised a control over
legislation, since no law could be proposed to the Assemblies of the
People unless it had first received the approval of the Senate. In many
cases "Senatus consulta"[44] were passed, which had the force of laws
without being submitted to the Popular Assemblies at all. This was
especially the case in matters affecting religion, police,
administration, the provinces, and all foreign relations.
In foreign affairs the authority of the Senate was absolute, with the
exception of declaring war and making peace, which needed the sanction
of the Centuries. The Senate assigned the provinces into which the
Consuls and Prætors were to be sent; they determined the manner in which
a war was to be conducted, and the number of troops to be levied; they
prolonged the command of a general or superseded him at their pleasure,
and on his return they granted or refused him a triumph; they alone
carried on negotiations with foreign states, and all embassadors to
foreign powers were appointed by the Senate from their own body.
In home affairs they had the superintendence in all matters of religion.
They had also the entire administration of the finances. When the
Republic was in danger the Senate had the power of suspending the laws
by the appointment of a Dictator, or by investing the Consuls with
dictatorial power, as already mentioned.
* * * * *
III. THE POPULAR ASSEMBLIES.--1. The _Comitia Curiata_, the Patrician
assembly, had become a mere form as early as the First Punic War. The
gradual decline of its power has been already traced. It continued to
meet for the transaction of certain matters pertaining to the Patrician
gentes, but was represented simply by 30 lictors.
2. The constitution of the _Comitia Centuriata_, as established by
Servius Tullius,[45] had undergone a great change between the time of
the Licinian Rogations and the Punic Wars, but both the exact time and
nature of this change are unknown. It appears, however, that its object
was to give more power and influence to the popular element in the
state. For this purpose the 35 tribes were taken as the basis of the new
Constitution of the Centuries. Each tribe was probably divided into five
property Classes, and each Classis was subdivided into two Centuries,
one of Seniores and the other of Juniores. Each tribe would thus contain
10 Centuries, and, consequently, the 35 tribes would have 350 Centuries,
so that, with the 18 Centuries of the Knights, the total number of the
Centuries would be 368.
The Comitia of the Centuries still retained the election of the higher
magistrates, the power of enacting laws, of declaring war and making
peace, and also the highest judicial functions. Accusations for treason
were brought before the Centuries, and in all criminal matters every
Roman citizen could appeal to them.[46] But, notwithstanding these
extensive powers, their influence in the state was gradually superseded
by the Assembly of the Tribes.
3. The _Comitia Tributa_ obtained its superior influence and power
mainly through its Tribunes. The Assembly of the Centuries, being
summoned and presided over by the Consuls, was, to a great extent, an
instrument in the hands of the Senate, while that of the Tribes, being
guided by its own magistrates, and representing the popular element, was
frequently opposed to the Senate, and took an active part in the
internal administration of the state. The increasing power of the
Tribunes naturally led to a corresponding increase in the power of the
Tribes. The right of Intercession[47] possessed by the Tribunes was
extended to all matters. Thus we find the Tribunes preventing the
Consuls from summoning the Senate and from proposing laws to the Comitia
of the Centuries. As the persons of the Tribunes were sacred, the Senate
could exercise no control over them, while they, on the contrary, could
even seize a Consul or a Censor, and throw him into prison. The only
effective check which the Senate had upon the proceedings of the
Tribunes was, that one Tribune could put his veto upon the acts of his
colleagues. Consequently, by securing the support of one member of the
body, the Senate were able to prevent the other Tribunes from carrying
out their plans.
The _Plebiscita_ enacted by the Tribes had the same force as the _Leges_
of the Centuries.[48] There were thus two sovereign assemblies at Rome,
each independent of the other; that of the Tribes, as already observed,
was the most important at the period which we have now reached.
* * * * *
IV. FINANCES.--The ordinary expenditure of the Roman state was not
large. All the magistrates discharged their duties without pay; and the
allied troops, which formed so large a portion of a Roman army, were
maintained by the allies themselves. The expenses of war were defrayed
by a property-tax called _Tributum_, which was usually one in a
thousand, or one tenth per cent., but after the last war with Macedonia
the treasury received such large sums from the provinces that the
tributum was abolished. From this time the expenses of the state were
almost entirely defrayed by the taxes levied in the provinces. The other
revenues of the state, which bore the general name of _Vectigalia_, may
be dismissed with a few words. They consisted of the rents arising from
the public lands, of the customs' duties, of the taxes upon mines, salt,
etc.
* * * * *
V. THE ARMY.--The Roman army was originally called _Legio_; and this
name, which is coeval with the foundation of Rome, continued down to the
latest times. The Legion was therefore not equivalent to what we call a
regiment, inasmuch as it contained troops of all arms, infantry,
cavalry, and, when military engines were extensively employed, artillery
also. The number of soldiers who, at different periods, were contained
in a legion, does not appear to have been absolutely fixed, but to have
varied within moderate limits. Under Romulus the legion contained 3000
foot-soldiers. From the expulsion of the Kings until the second year of
the Second Punic War the regular number may be fixed at 4000 or 4200
infantry. From the latter period until the consulship of Marius the
ordinary number was from 5000 to 5200. For some centuries after Marius
the numbers varied from 5000 to 6200, generally approaching to the
higher limit. Amid all the variations with regard to the infantry, 300
horsemen formed the regular complement of the legion. The organization
of the legion differed at different periods.
1. _First Period. Servius Tullius._--The legion of Servius is so closely
connected with the Comitia Centuriata that it has already been
discussed,[49] and it is only necessary to state here that it was a
phalanx equipped in the Greek fashion, the front ranks being furnished
with a complete suit of armor, their weapons being long spears, and
their chief defense the round Argolic shield (_clipeus_).
2. _Second Period. The Great Latin War_, B.C. 340.--The legion in B.C.
340 had almost entirely discarded the tactics of the phalanx. It was now
drawn up in three, or perhaps we ought to say, in five lines. The
soldiers of the first line, called Hastati, consisted of youths in the
first bloom of manhood, distributed into 15 companies or maniples
(_manipuli_), a moderate space being left between each. The maniple
contained 60 privates, 2 centurions (_centuriones_), and a
standard-bearer (_vexillarius_). The second line, the Principes, was
composed of men in the full vigor of life, divided in like manner into
15 maniples, all heavily armed. The two lines of the Hastati and
Principes taken together amounted to 30 maniples, and formed the
Antepilani. The third line, the Triarii, composed of tried veterans, was
also in 15 divisions, but each of these was triple, containing 3
maniples. In these triple maniples the veterans, or Triarii proper,
formed the front ranks; immediately behind them stood the Rorarii,
inferior in age and prowess, while the Accensi, or supernumeraries, less
trustworthy than either, were posted in the extreme rear.
3. _Third Period. During the Wars of the younger Scipio._--Under
ordinary circumstances four legions were levied yearly, two being
assigned to each Consul. It must be observed that a regular consular
army no longer consisted of Roman legions only, but, as Italy became
gradually subjugated, the various states under the dominion of Rome were
bound to furnish a contingent, and the number of allies usually exceeded
that of the citizens. They were, however, kept perfectly distinct, both
in the camp and in the battle-field.
The men belonging to each legion were separated into four divisions. 1.
1000 of the youngest and poorest were set apart to form the Velites, the
light-armed troops or skirmishers of the legion. 2. 1200 who came next
in age (or who were of the same age with the preceding, but more
wealthy) formed the Hastati. 3. 1200, consisting of those in the full
vigor of manhood, formed the Principes. 4. 600 of the oldest and most
experienced formed the Triarii. When the number of soldiers in the
legion exceeded 4000, the first three divisions were increased
proportionally, but the number of the Triarii remained always the same.
The Hastati, Principes, and Triarii were each divided into 10 companies,
called Maniples. The Velites were not divided into companies, but were
distributed equally among the Hastati, Principes, and Triarii. Each
maniple was subdivided into two centuries, commanded by a centurion.
Each legion had six superior officers, called Tribuni Militum. The
legion was also divided into 10 cohorts; and as the cohorts were all
equal to each other, the strength of the cohort varied from time to time
with the strength of the legion, and thus at different periods ranged
between the limits of 300 and 600.
Three hundred horse-soldiers were apportioned to each legion, divided
into 10 troops (_turmæ_), out of which three officers were chosen named
Decuriones.
The infantry furnished by the Socii was for the most part equal in
number to the Roman legions, the cavalry twice or thrice as numerous,
and the whole were divided equally between the two consular armies. Each
Consul named 12 superior officers, who were termed Præfecti Sociorum,
and corresponded by the Legionary Tribunes.
_Fourth Period. From the times of the Gracchi until the downfall of the
Republic._[50]--After the times of the Gracchi the following changes in
military affairs may be noticed: In the first consulship of Marius the
legions were thrown open to citizens of all grades, without distinction
of fortune. The whole of the legionaries were armed and equipped in the
same manner, all being now furnished with the pilum. The legionaries,
when in battle-order, were no longer arranged in three lines, each
consisting of ten maniples with an open space between each maniple, but
in two lines, each consisting of five cohorts, with a space between each
cohort. The younger soldiers were no longer placed in the front, but in
reserve, the van being composed of veterans. As a necessary result of
the above arrangements, the distinction between Hastati, Principes, and
Triarii ceased to exist. The Velites disappeared. The skirmishers,
included under the general term Levis Armatura, consisted for the most
part of foreign mercenaries possessing peculiar skill in the use of some
national weapon, such as the Balearic slingers, the Cretan archers
(_sagittarii_), and the Moorish dartmen. When operations requiring great
activity were undertaken, such as could not be performed by mere
skirmishers, detachments of legionaries were lightly equipped, and
marched without baggage for these special services.[51] The cavalry of
the legion underwent a change in every respect analogous to that which
took place with regard to the light-armed troops. The Roman Equites
attached to the army were very few in number, and were chiefly employed
as aids-de-camp and on confidential missions. The bulk of the cavalry
consisted of foreigners, and hence we find the legions and the cavalry
spoken of as completely distinct from each other. After the termination
of the Social War, when most of the inhabitants of Italy became Roman
citizens, the ancient distinction between the Legiones and the Socii
disappeared, and all who had served as Socii became incorporated with
the Legiones.
In the course of the history the Triumphs granted to victorious generals
have been frequently mentioned, and therefore a brief description of
them may appropriately close this sketch of the Roman army. A Triumph
was a solemn procession, in which a victorious general entered the city
in a chariot drawn by four horses. He was preceded by the captives and
spoils taken in war, was followed by his troops, and, after passing in
state along the Via Sacra, ascended the Capitol to offer sacrifice in
the Temple of Jupiter. From the beginning of the Republic down to the
extinction of liberty a Triumph was recognized as the summit of military
glory, and was the cherished object of ambition to every Roman general.
After any decisive battle had been won, or a province subdued by a
series of successful operations, the general forwarded to the Senate a
laurel-wreathed dispatch containing an account of his exploits. If the
intelligence proved satisfactory the Senate decreed a public
thanksgiving.[52] After the war was concluded, the general, with his
army, repaired to Rome, or ordered his army to meet him there on a given
day, but did not enter the city. A meeting of the Senate was held
without the walls, that he might have an opportunity of urging his
pretensions in person, and these were then scrutinized and discussed
with the most jealous care. If the Senate gave their consent, they at
the same time voted a sum of money toward defraying the necessary
expenses, and one of the Tribunes applied for a plebiscitum to permit
the Imperator to retain his imperium on the day when he entered the
city. This last form could not be dispensed with, because the imperium
conferred by the Comitia did not include the city itself; and
accordingly the military power of the general ceased as soon as he
re-entered the gates, unless the general law had been previously
suspended by a special enactment.
[Illustration: A Roman general addressing the soldiers. (From a Coin.)]
[Footnote 38: Two Plebeian Consuls were first appointed in B.C. 172, and
two Plebeian Censors in B.C. 131.]
[Footnote 39: See p. 31. (Eighth paragraph of Chapter IV.--Transcriber)]
[Footnote 40: Hence their name, from _Ædes_, a temple.]
[Footnote 41: This was done by the well-known formula "Videant," or
"Dent operam Consules, ne quid res publica detriment capiat."]
[Footnote 42: These farmers of the public revenue were called
_Publicani_.]
[Footnote 43: It is not easy to define with accuracy the respective
duties of the Censors and Ædiles in relation to the public buildings;
but it may be stated in general that the superintendence of the Ædiles
was more in the way of police, while that of the Censors had reference
to all financial matters.]
[Footnote 44: A _Senatus consultum_ was so called because the Consul who
brought a matter before the Senate was said _Senatum consulere_.]
[Footnote 45: See p. 19.(Ninth paragraph of Chapter III.--Transcriber)]
[Footnote 46: The technical word for this appeal was _Provocatio_. The
word _Appellatio_ signified an appeal from one magistrate to another.]
[Footnote 47: See p. 31.(Eighth paragraph of Chapter IV.--Transcriber)]
[Footnote 48: See p. 40.(Eighth paragraph of Chapter V.--Transcriber)]
[Footnote 49: See p. 19.(Ninth paragraph of Chapter III.--Transcriber)]
[Footnote 50: We anticipate the course of events in order to give under
one view the history of the Roman legion.]
[Footnote 51: Hence the frequent occurrence of such phrases as
_expediti_, _expediti milites_, _expeditæ cohortes_, and even _expeditæ
legiones_.]
[Footnote 52: Called _Supplicatio_.]
[Illustration: Scipio Africanus.]