The ascendency of the senate during this period was due in n

Our Debt to Greece and Rome

EDITORS

GEORGE DEPUE HADZSITS, PH.D.

_University of Pennsylvania_

DAVID MOORE ROBINSON, PH.D., LL.D.

_The Johns Hopkins University_

[Illustration]

CONTRIBUTORS TO THE “OUR DEBT TO GREECE AND ROME FUND,” WHOSE

GENEROSITY HAS MADE POSSIBLE THE LIBRARY

Our Debt to Greece and Rome

_Philadelphia_

DR. ASTLEY P. C. ASHHURST

JOHN C. BELL

HENRY H. BONNELL

JASPER YEATES BRINTON

JOHN CADWALADER

MISS CLARA COMEGYS

MISS MARY E. CONVERSE

ARTHUR G. DICKSON

WILLIAM M. ELKINS

WILLIAM P. GEST

JOHN GRIBBEL

SAMUEL F. HOUSTON

JOHN STORY JENKS

ALBA B. JOHNSON

MISS NINA LEA

GEORGE MCFADDEN

MRS. JOHN MARKOE

JULES E. MASTBAUM

J. VAUGHAN MERRICK

EFFINGHAM B. MORRIS

WILLIAM R. MURPHY

JOHN S. NEWBOLD

S. DAVIS PAGE (_memorial_)

OWEN J. ROBERTS

JOSEPH G. ROSENGARTEN

JOHN B. STETSON, JR.

DR. J. WILLIAM WHITE (_memorial_)

The Philadelphia Society for the Promotion of Liberal Studies.

_Boston_

ORIC BATES (_memorial_)

FREDERICK P. FISH

WILLIAM AMORY GARDNER

JOSEPH CLARK HOPPIN

_Chicago_

HERBERT W. WOLFF

_Cincinnati_

CHARLES PHELPS TAFT

_Detroit_

JOHN W. ANDERSON

DEXTER M. FERRY, JR.

_New York_

JOHN JAY CHAPMAN

WILLARD V. KING

THOMAS W. LAMONT

ELIHU ROOT

MORTIMER L. SCHIFF

WILLIAM SLOANE

And one contributor, who has asked to have his name withheld:

_Maecenas atavis edite regibus, O et praesidium et dulce decus meum._

_Washington_

The Greek Embassy at Washington, for the Greek Government.

ROMAN POLITICS

BY

FRANK FROST ABBOTT

_Kennedy Professor of Latin Language and Literature_

_Princeton University_

[Illustration]

MARSHALL JONES COMPANY

BOSTON · MASSACHUSETTS

COPYRIGHT · 1923 · BY MARSHALL JONES COMPANY

_All rights reserved_

Printed May, 1923

THE PLIMPTON PRESS · NORWOOD · MASSACHUSETTS

PRINTED IN THE UNITED STATES OF AMERICA

CONTENTS

CHAPTER PAGE

CONTRIBUTORS TO THE FUND ii

I. THE ROMAN SYSTEM OF GOVERNMENT

1. Pre-Augustan 3

2. Post-Augustan 31

II. ROMAN POLITICS AND MODERN POLITICS

1. Rome and the Church of Rome 47

2. The Individual and the State 51

3. On Constitutions 67

4. The Legislative and Executive Branches of Government 74

i. Resemblances between Ancient and Modern 74

ii. Differences between Ancient and Modern 80

5. The Judiciary 95

6. Conception of Citizenship 103

i. In Times of Peace 103

ii. In Times of War 106

7. Taxation and Finance 108

8. Imperialism 115

III. SOME POLITICAL AND SOCIAL PROBLEMS COMMON TO THE

ROMANS AND TO MODERN PEOPLES 138

1. The Color and the Labor Questions 139

2. Voting and Elections 140

3. The Political Boss 144

4. The Recall 147

5. Pensions, Bonuses, and Militarism 149

6. Cases of Paternalism 152

7. Growth of Cities 160

IV. SOME FINAL REFLECTIONS 164

NOTES 171

BIBLIOGRAPHY 175

ROMAN POLITICS

I. THE ROMAN SYSTEM OF GOVERNMENT

1. PRE-AUGUSTAN

Roman political history has an unusual meaning and value for us,

because the Romans had to face so many of the problems which confront

us today, and their experience ran through such a wide range. Few

peoples can boast of an unbroken history of a thousand years, and

perhaps none has tried so many different forms of government. The

early monarchy gives way to an oligarchy, to be displaced in turn by

a democracy. The dual government of the prince and the senate which

follows develops into the empire, and the emperor in time becomes the

autocratic monarch. In this period of a thousand years from the seventh

century before our era to the fourth century after it, we may see in

the practical experiences of the Roman people the points of strength

and of weakness in an aristocracy, a plutocracy, a parliamentary

government, a democratic empire, and an autocracy. We may also trace in

the history of Rome the development of a city-state into a world-wide

empire. In its early days the territory of Rome covered scarcely a

hundred square miles. Then followed one after another the conquest of

Central Italy, of the whole peninsula, of the Western Mediterranean, of

the Greek Orient, and of Western Europe and the region of the Danube,

until Roman rule extended from the Sahara to the Rhine, from the

Tigris and the Euphrates to the Atlantic. This tremendous territorial

expansion, which brought within the limits of the State people of

diverse races, colors, and religions, called for a constant recasting

and readjustment of political forms and methods, and the solution of

countless new political problems. In almost all of our colonies or

dependencies today, in the Philippines, in Asia, and in Africa we

have to deal only with peoples less advanced in civilization than we

are, but the Romans had not only to civilize and govern the stubborn

tribes of Gaul and Spain, but also to make their authority respected

in the Greek East, among peoples who could boast of a civilization far

higher and older than their own. That a city-state with the old and

narrow local social and political traditions which Rome had could adapt

herself to the government of a world-empire composed of such diverse

elements as made up the Roman Empire is one of the marvels of history,

and a study of the methods which she followed can not fail to throw

light on political questions which we have to meet today. The range of

social and economic conditions through which Rome went is equally wide.

The Romans come on the stage of history as a primitive pastoral people

with strongholds on the hills. In course of time they build cities

all over the world whose beauty and magnificence have perhaps never

been equalled. Their government had to keep pace with these social and

economic changes, and consequently had to adapt itself to almost every

conceivable state of society.

In spite of all these facts one may be inclined to raise the question

whether our civilization can have much in common with one so far

removed from it in point of time, and whether the study of such an

ancient society will have more than an intellectual or historical

interest for us. This would be true perhaps if we were studying the

political system of almost any other people of antiquity. It is hard

for us to understand or sympathize with the social or political ideas

of the Egyptians, the Assyrians, or the Persians. Perhaps it is not

easy to find much even in the political experiences of the Greeks

which will be of practical service to us. But with the Romans it is

different. If an immigrant from ancient Rome of the first century

before our era should disembark in New York tomorrow, he would need

less training in understanding our political machinery than many of

our contemporary immigrants do, because the Anglo-Saxon and the Roman

show the same characteristics in their political life. Both peoples

are opportunists. Both peoples are inclined to meet a new situation by

making as little change as possible in the old machinery. Both have a

great deal of practical common sense, and no high regard for formal

logic or consistency. The Romans had the institution of slavery, and

we have developed a complex industrial system through the application

of steam and electricity, and steam and electricity have changed the

external aspects of our lives. But these differences have not affected

deeply the political thinking of the two peoples. We have little in

common with any other peoples of antiquity. We have still less with

those of the Middle Ages. The ideals of chivalry, of feudalism, of the

medieval church, and the submergence of the individual in society,

are altogether foreign to our way of thinking. Perhaps it is the

incomprehensible nature of these fifteen hundred years of medieval

civilization that separate our times from those of the Romans which has

prevented us from recognizing our political kinship to the Romans. From

this resemblance between Roman civilization and our own, and between

the Roman character and our own, it does not necessarily follow that

their system of government was closely akin to ours, or that we have

inherited many political institutions directly from them. It would,

however, naturally mean that many of their political problems would be

like ours, and that their method of approaching them would be similar

to ours. In some cases they solved these problems with more or less

success; in others, they failed. The legacy which they have handed down

to us, then, is the practical demonstration in their political life

of the merits of certain forms of government and of certain methods

of dealing with political and social questions, and the weakness of

others. The points of resemblance between the ancient and the modern,

and the large extent of our direct and indirect inheritance will be

defined later.

The natural political entity in antiquity was the city, with a

small outlying territory about it. This state of things the Romans

clearly recognized in fixing the status of conquered territory in

Italy and across the sea. Thus, after the conquest of Sicily, Rome

made her arrangements for ruling the island, not with a government

representing all Sicily, but with the sixty-eight individual cities

and towns of the island, and the citizens of Syracuse or of Agrigentum

derived such rights as they had, not from the fact that they were

Sicilians, but from their residence in the one or the other of these

two cities.[1] This political system, based on the independent life

of a small community, is familiar enough to us in the history of such

Italian cities as Venice, Florence, and Siena in the Middle Ages,

and preëminently in the story of Geneva under Calvin. In fact the

political institution of antiquity which has had the longest life and

which has enjoyed an unbroken history up to our own day is that of the

city-state. Hundreds of inscriptions from various parts of the world

show us the form of government which these municipalities had in Roman

times. The control of affairs rested in the hands of an executive, of

a small assembly of chosen men, and of the whole body of citizens. The

comparative strength of these three elements differed in different

cities, and varied from period to period in the history of each city.

This was the government which we find in the city of Rome in early

days. Continuity was given to it by the senate, or assembly of elders

of the resident clans, who, on the death of the king, appointed one of

their number to choose the king’s successor, whose assumption of office

was dependent on the approval of the senate and the people.

Through an aristocratic revolution the kingdom was overthrown, and

the king gave place to two annually elected magistrates, called later

consuls, who had the right of veto on each other’s actions. The consuls

were chosen from the ranks of the patricians, or ruling families, and

at the end of a year became patricians again. They must therefore have

been largely governed in their action by class prejudice. Consequently

the position of the classes which lacked political privileges

became intolerable. Another element in the situation aggravated the

difficulty. Being located in the centre of Italy and on a navigable

river, and being far enough from the mouth of the river to be safe

from pirates, Rome grew rapidly, and the coming of a large number of

immigrants to the city had a profound effect on its political history.

The newcomers did not enjoy the same civil and political rights as the

members of the original clans, and they were at an economic and social

disadvantage.

The constitutional history of Rome for several centuries centres about

the struggle of these people and of the other members of the lower

classes to remove the limitations which were put on their rights in

these four respects. The natural method of guarding the civil rights of

the commons against the arbitrary action of the patrician consul was

to limit his powers by law. But the Romans did not adopt this method.

They chose class representatives, called tribunes, who were authorized

to intervene in person when a plebeian was being treated unjustly

and prevent the chief magistrate from carrying out his purpose. It

is characteristic of the Roman, as we shall see in other cases, to

take this concrete, personal way of bringing about a constitutional

reform. The plebeians were at a disadvantage also, because they were

kept ignorant of legal procedure and could not maintain their rights

before a magistrate. The details of the law, or the accepted custom,

were known only to the patrician priests and were handed down by word

of mouth from one generation to another. About the middle of the fifth

century, after a long struggle, this law was codified and was engraved

on twelve bronze tablets, and the tablets were hung up in the Forum

where they might be read by any one. These Twelve Tables[2] were

regarded by the Romans as the basis of their civil liberty, and may

well be placed by the side of the Mosaic Code, the laws of Hammurabi,

the Gortynian Code, and Magna Charta. As we shall see later, they

contained no formulation of general rights, but stated clearly and

minutely the procedure to be followed in civil and criminal actions.

If we may accept tradition, both these battles with the patricians were

won by the very modern method of Direct Action.

This conquest of civil rights brought the plebeians a larger measure

of political rights than they had enjoyed before. It was necessary for

them now to organize a popular assembly of their own, in order to elect

the tribunes; the tribune became their political leader, and within the

next century, under his leadership, the plebeians forced the patricians

to admit them to the consulship, and in consequence to the other

important magistracies.

In early days the patricians had formed not only a close corporation

politically, but also a social caste. Sons of patricians who married

plebeian women lost the patriciate, and all the social, political,

and religious privileges which went with it. By the Canuleian law in

the fifth century the right to intermarry without loss of privileges

was guaranteed. Henceforth the state tended to become a unit, and not

two separate communities, and in the future when the interests of the

two classes were in conflict prominent patricians were often led by

kinship to support the plebeian cause at critical moments.

The fourth point about which the struggles in the early period centred

was the land question. It was the age-old battle between the great

landowner on the one hand and the peasant proprietor, the tenant,

and the free laborer on the other. As Rome came into possession of

new territory in central Italy by conquest or otherwise, the great

landed proprietors managed to get most of it from the state at a

nominal rental. The constant wars in which Rome was engaged during her

early history called both rich and poor to the front, but the rich

man’s slaves and dependents kept his land under cultivation, while

the peasant’s holdings, left without anyone to till them, steadily

deteriorated. The peasant found it hard, too, to compete with the great

landowner who farmed on a large scale and used slave labor, while the

free laborer was crushed in competition with the slave. A solution

of these difficulties was sought in the Licinian laws of the fourth

century and in later legislation. But this legislation did not reach

the root of the trouble, and the land question came up in one form or

the other for many generations to plague the Romans. The Licinian

laws, perhaps supplemented by later legislation, limited the number of

acres of state land to be occupied by an individual, stipulated that

interest already paid on debts should be deducted from the principal,

and fixed the proportional number of free laborers and slaves to be

employed on an estate. The first and second provisions were intended

to protect the peasant proprietor and to prevent the growth of large

estates at his expense. If these three measures could have accomplished

their purpose, that drift from the country to the city which ultimately

wrecked the Roman Empire, and which is one of the dangerous tendencies

today, might never have taken place.

The rapid growth of Rome and her conquest of adjacent territory not

only brought to the surface the economic questions which we have just

been discussing, but also necessitated an increase in the number of

magistrates to manage the larger population and to meet the more

complex conditions which had arisen. In the early Republican period the

only important officials with positive powers were the two consuls.

They presided over the meetings of the senate and of the assemblies

which were made up of the whole people, and they were the chief

executives and the judicial and financial officials of the community.

They supervised the conquered districts of Italy, represented the

city in its dealings with foreign states, and commanded the army.

These manifold duties, and in particular the absence of the consuls

from the city in carrying on war, made it necessary to relieve them

of some of their civil functions. The first step taken in this

direction was to increase the importance of a minor police official,

the aedile. To this official was assigned the duty of keeping order

in public places, of supervising commercial transactions, and later,

as a natural development of these two functions, of taking charge of

the public games and of providing a supply of grain for the city.

The financial duties of the consul were turned over to the censor.

First and foremost, of course, among these, were the collection of

taxes and the expenditure of public moneys. In order that he might

draw up a correct list of taxable property, the censor required every

citizen to appear before him every five years and make a statement

concerning his property, his business, and the main facts of his

life. Consequently the censors not only knew the financial status of

every Roman, but were also familiar with his occupation and his moral

standing in the community. Now the value of a citizen’s vote in the

principal popular assembly depended on the amount of property which he

held, and certain occupations were regarded as beneath the dignity of

a senator or likely to interfere with the disinterested performance

of his duty. In later times, too, inclusion in the new social order

of the knighthood depended on the possession of a certain amount of

property. It was natural therefore that the censors, having all the

necessary information before them, should assume responsibility for

assigning citizens to their proper places in the centuriate assembly,

and for revising every five years the lists of senators and knights.

This attempt to supervise the morals of the community is one of the

most interesting experiments in government which the Romans ever made.

It reached certain social evils, like extravagance and cowardice, of

which the courts could not readily take cognizance, and the penalties

imposed, of loss of voting importance in the assembly or of exclusion

from the list of senators or knights, were severe. It may well

indicate a gradual growth of wealth in the community and a threatened

disappearance of the simple life and the simple virtues of the olden

time. What the censors tried to do was to maintain the moral and social

standards of earlier days. While the censor’s office flourished,

deviations from those standards were not defined by law, but were

determined by officials, from whose decisions there was no appeal.

Perhaps no official in Roman history enjoyed such absolute power

within the limits fixed by the penalties which could be imposed.[3]

The institution played an important rôle for many decades, but towards

the close of the second century before our era, the population had

become so large that an examination of the business and the life of

every citizen became impossible. One of the objects which the Romans

had tried to accomplish by the establishment of the censorship, they

attempted later to attain by the passage of sumptuary laws.

The growth of Rome and the consequent increase of public business led

the Romans to take his judicial functions from the consul in 367,

just as they had previously relieved him of police duties and of

financial business. Henceforth a new magistrate, the praetor, took his

place in the courts. To no other institution in the Roman political

system does the modern world owe so much as it owes to the praetor’s

office. At first there was only one incumbent of the office, and since

his duties confined him to the city he was called the urban praetor.

A hundred years later when a second praetor was added, to deal with

cases in which one party or both parties to the case were foreigners,

the new official was styled the peregrine praetor and in his courts

the principles of the law of nations were developed. Sulla ultimately

raised the number of praetors to eight. With the institution of the

praetor’s office our modern court system of judge and jury was firmly

established, and a beginning was made in the development of Roman Law.

On taking office the praetor published an edict containing the maxims

of law and the forms of procedure which would govern him throughout his

year of office. This document followed the edict of his predecessor,

with such modifications and additions as his own judgment and the needs

of the times required. The law in this way became a living thing and

constantly adapted itself to the changing needs of society. The later

history of the edict and certain additions to the praetor’s duties we

shall have occasion to notice in another connection.

The increase which the tribune’s power underwent during this period

almost made his office a new one. With their characteristic hesitation

about introducing radical changes in the constitution, and with their

tendency to take concrete action, the Romans at the outset had required

the tribune to intervene in person when a citizen was being harshly

treated. But their common sense showed them in course of time that it

was far better to allow the tribune to record his opposition to a bill

when it was under consideration than to have him prevent the execution

of a law. This change placed a tremendous power in the hands of the

tribune in his struggle with the senate and the nobility.

In the early period the senate had been composed of the representatives

of the leading clans, but as public business became more complex,

in making out the list of senators the censors gave a preference to

ex-magistrates, who were already experienced in public affairs, and

in course of time this practice was crystallized into law. The men

who thus became senators by virtue of having held the praetorship, or

consulship, for instance, were elected to a magistracy, to be sure,

by the people, but the prestige of a candidate who could point to

magistrates among his ancestors was so great that a “new man” had

little or no chance of being elected against him. The results were

twofold. A new nobility was established composed of ex-magistrates

and their lineal descendants. In the second place the senate, being

henceforth made up of men who had had experience in administration at

home and abroad, easily gained supremacy both over the magistrates,

who held office for a year only, and over the popular assemblies,

which were unwieldy and ill-informed on important matters. For a

century and a half, down to the time of the Gracchi (i.e., the second

century B.C.), this nobility maintained itself, and Rome was ruled by

a parliament. This state of things is the more astonishing in view of

the fact that at the beginning of this period the democracy had won a

complete victory, and the action of the popular assembly was accepted

as final on all matters. The anomaly is easily explained by the fact

that the senate controlled the magistrates; they only could bring bills

before the assemblies, and they dared not submit measures of which the

senate disapproved.

The ascendency of the senate during this period was due in no small

measure to the necessity of dealing with important foreign affairs,

for which the people were not qualified. Between 287 and 133 came the

war with Pyrrhus and the acquisition of Southern Italy, the three

wars with Carthage and the conquest of the Western Mediterranean, the

wars with Macedonia and the subjugation of the Eastern Mediterranean.

By 133 Rome’s territory included practically all the lands bordering

on the Mediterranean. The government of this newly-acquired empire

was a peculiarly difficult problem for a city-state. It was somewhat

simplified however by the fact that in her ultimate arrangements Rome

had to deal with city-states like herself. In Italy, at the outset, she

gave conquered cities civil rights and the right of self-government.

The Social War in 91-89 B.C. forced her to grant them the political

rights of Roman citizens also. Henceforth Italy was a political unit,

but, inasmuch as ballots could be cast at Rome only, voters outside

the city were at a disadvantage. The Roman Republic never got far

enough away from the tradition of the city-state to recognize the fact

that citizens could cast their ballots elsewhere than at Rome or that

other communities could send their representatives to Rome.

To provide for a new province outside Italy, the senate sent a

commission of ten to co-operate with the Roman commander in drawing

up a charter. In this document the province was divided into judicial

circuits, and the status of each city was fixed either by separate

treaty with Rome or by legislative action. Provincial cities were

usually permitted to retain their senates, popular assemblies, local

magistrates and courts. A few of them were “free cities,” exempt from

taxation, but most of them were required to pay a fixed sum in taxes,

or to turn over to Rome a certain proportion of the annual return

from the land. The rate of taxation was not high, but farming out the

taxes to contractors, whose sole desire was to extort as much from the

provincials as possible, made taxation in the provinces oppressive.

Roman governors were often in league with the moneyed interests at

Rome, and were themselves anxious to line their pockets during their

year abroad. After a period of experimentation the Romans settled

down to the practice of sending out ex-consuls and ex-praetors as

provincial governors. These men had experience in public affairs, but

their term of office was so short that they acquired little knowledge

of local conditions and felt little sympathy with the provincials.

Public sentiment at Rome could effect no change, because, like most

democracies, the Roman democracy felt little interest in the welfare of

the provincials.[4]

The tribunates of the two Gracchi[5] at the end of the period which

we have been considering begin the century-long revolution which

ultimately overthrew the oligarchy and brought in the empire. The

attention of Tiberius Gracchus was called to the gradual disappearance

of the peasant proprietor from Italy, to the abnormal growth of the

city at the expense of the country, and to the crushing out of the

middle class. He and his brother set themselves to work to remedy this

situation by limiting the size of landed estates, by assigning state

lands to homesteaders, and by drafting off the city’s proletariat to

colonies in Italy and abroad. In these plans Tiberius met the violent

opposition of the senate, but carried his measures through in a popular

assembly in spite of the senate’s efforts. By this action, and by

securing “the recall” of a hostile tribune, he struck a fatal blow

at the prestige of the senate, which had controlled legislation for

a century and a half. Ten years later by securing the passage in the

popular assembly of one bill to supply grain to the poor of Rome at a

price lower than the market rate, of another imposing a penalty on a

magistrate who carried out the final decree of the senate suspending

certain constitutional guarantees, and of a third which dealt with the

taxes in Asia, Gaius, the brother of Tiberius, vindicated the claim of

the popular assembly to be the controlling factor in legislation on

domestic and foreign affairs. The political history of Rome for the

next century is a continuation of this life-and-death struggle between

the nobility and the democracy, with one and the other contestant

alternately in the ascendant. The development of the empire and the

need of a standing army to carry on wars abroad and maintain order, in

the end, gave a decisive turn to the struggle.

To maintain its integrity an oligarchy must keep its numbers small and

must prevent individuals from gaining too great eminence or popularity.

The traditional acceptance by the masses of certain families as the

only families qualified to furnish rulers for the state had kept the

nobility a close corporation. To accomplish the second object, that is,

to prevent an ambitious individual from rising too rapidly to power,

from holding his authority too long a time, and from securing too

strong and compact a following, the senate had hedged the magistracies

about with a number of legal safeguards. The strict laws enacted before

the time of the Gracchi against bribery and prescribing a secret

ballot were passed to protect the nobility, and not in the interests

of morality. Custom at first, and later, legislation, fixed minimum

age requirements for most of the offices, established a certain order

in which they must be held, and required an interval between the

incumbency of two successive magistracies. The reactionary recasting

of the constitution under Sulla illustrates well the aristocratic

policy in these matters. In it the important magistracies stand in

the order of quaestorship, aedileship, praetorship, and consulship,

and a two-year interval was necessary between each two. The minimum

age requirement for the consulship was forty-three years, and no one

might be reëlected to a magistracy until a period of ten years had

expired. This is essentially the system which had been gradually worked

out during the flourishing period of the oligarchy. It had also always

been a fundamental principle of the Republic that no magistrate should

hold office for more than a year, except the censor, whose term was

eighteen months. This provision of the constitution took from the

magistrate his power and desire to initiate political action. He had

been a senator for many years before becoming consul. In twelve months

he would be a senator again. He did not lose class-consciousness during

his short term of office. If he had wished to assert himself, it would

have been impossible. The senate was a body of trained administrators,

many of whom had a wider technical knowledge of the questions at issue

than he had himself. It was a body of men bound together by mutual

self-interest, which had a tradition of centuries behind it. The

danger point in the system for the oligarchy lay in the fact that an

army and unlimited authority had to be given to the governor of a

province. The senate tried to minimize this danger by keeping a tight

grip on the purse-strings when appropriating money and in voting

troops for the provinces, and by requiring governors to submit their

arrangements in the provinces to the senate for ratification, when

their terms had expired.

The decline of parliamentarism in the century which lies between the

Gracchi and Caesar may be traced in the loss of these safeguards, one

after another. Disorders at home, the pressure of wars abroad and the

dominance of the army led to their disregard. A case in point occurred

toward the close of the second century before our era. The senatorial

leaders had shown great incompetence and venality in their campaigns

against the Numidian king Jugurtha, and the popular party forced the

election to the consulship of Marius, a man of humble birth, and gave

him command of the forces in Africa. His brilliant success in this

war made the people turn to him in 104, when the Cimbri and Teutons

swept down into Italy and overwhelmed the aristocratic leaders. Once

more he succeeded, and was elected to the consulship year after year,

until, in the year 100, he held this office for the sixth time. The

popularity of Marius brought his son to the consulship before he had

reached his twentieth year. Twenty-five years later the senate itself

was forced to give up an important feature of its policy. Sertorius,

a brilliant democratic leader, had established himself in Spain; he

had formed an alliance with Mithridates, Rome’s deadly enemy in the

East, and threatened to return to Italy and restore the democracy to

power. To avert this danger the senate made Pompey proconsul, although

he had not yet held even the quaestorship, and sent him to Spain with

40,000 troops. A little later the Gabinian and Manilian laws, carried

through by the democracy against the vigorous opposition of the

oligarchy, entrusted him with extraordinary powers for a long term to

carry on the wars against the Cilician pirates and against Mithridates.

The dictatorship of Sulla in 82 B.C. and the sole consulship of

Pompey in 52, both of which resulted from disorder in Rome, violated

the principle of collegiality which was one of the most important

safeguards of the oligarchy. Within one hundred years, then, of the

time of the Gracchi all the bulwarks which the aristocracy had built

up to protect its position were broken down. “New men” were put in the

consulship. Popular favorites attained that office before reaching the

minimum age required of candidates, and men were freely reëlected to

it. The fixed “order of the offices” and the principle of collegiality

were violated.

In its struggle for power, the democracy met a reverse in the

suppression of the Catilinarian conspiracy in 63 B.C., so that

when Pompey returned from his campaign against Mithridates in the

following year, the senate ventured to postpone the ratification of

his arrangements in Asia and the reward of his veterans. This forced

him to make common cause with the democratic leader Caesar, and with

Crassus, whose wealth and financial associates made him a man of great

influence. In 60 B.C. these three political leaders formed the compact,

known as the First Triumvirate, which directed the politics of Rome

through its control of the popular assembly for a number of years.[6]

Caesar was given the consulship, and later an important command in

Gaul. The death of Crassus in a campaign in Parthia left Caesar and

Pompey face-to-face. Pompey who had staid in Rome ultimately threw in

his lot with the senatorial party, and, when in 49 B.C. the senate

tried to make Caesar give up his Gallic province and the Civil War

broke out, Pompey was put in charge of the army operating against

Caesar. Caesar’s success in the war made him undisputed master of Rome,

and before his death he became dictator for life. The liberators, as

they called themselves, made a last stand for the old régime, but were

defeated at Philippi, and the victors, Octavius, Antony and Lepidus,

formed the Second Triumvirate, the members of which did not content

themselves with the unofficial position of political bosses, as Caesar,

Crassus, and Pompey had done, but secured a legal basis for their

autocratic power through legislation in the popular assembly. Again the

elimination of one member of the triumvirate, Lepidus, and the battle

of Actium in 31 B.C. left Octavius, or Augustus as we know him in later

life, in undisputed control of the state. The revolution was complete.

The old machinery of government had broken down under the strain put

upon it by the policy of imperialism. Parliamentarism and the narrow

policy of a city-state were ill adapted to the government of an empire.

The large armies and the long terms of office abroad which Marius and

Sulla, Pompey and Caesar had held, had put at their disposal greater

resources than the state could command, and the Roman citizens and

provincials who had been taught to obey them implicitly in the field

maintained their allegiance to their old commanders upon the return of

the latter to Italy.

2. POST-AUGUSTAN

The problem which confronted Augustus in revising the constitution

after the battle of Actium was not simple. He had to provide a just

and efficient government for an empire, which included southern and

central Europe, the Near East, and northern Africa, without breaking

away too violently from the traditions of the city-state. Rome must

continue to be the capital. Italy must hold her privileged position

above the provinces, and the old organs of government and the old

forms and titles must be kept. The political life of the Republic had

been embodied in two institutions, the senate and the tribunate.

One represented the aristocracy; the other, the aspirations of the

democracy. These two organs of government formed the core of the

system which Augustus finally adopted. In this arrangement therefore

he adhered closely to the tradition of the old city-state.[7] Other

considerations reinforced in his mind the argument from tradition.

The tribunician power, which he took for life, could be exercised in

almost every field of administrative activity. Furthermore, the office

was popular, because the tribune had from time immemorial been the

champion of the masses and had protected the individual against the

encroachments of the state. Probably Augustus also felt that the power

of the office, from its nature and history, was capable of indefinite

extension in all directions.

Outside of Rome and Italy the problem before him was the improvement of

conditions in the provinces.[8] To the provinces also he applied the

dual system of control. The supervision of Italy and the management of

the older provinces were entrusted to the senate. The border provinces,

where troops were stationed, he took into his own hands. He directed

the government of them by virtue of the proconsular _imperium_ which

he held permanently. In this case, as in that of the tribunician

power, he held firmly to an old practice, because proconsuls had

ruled the provinces for centuries, but he extended the scope of his

own _imperium_ to cover all the unsettled provinces. This arrangement

made him commander-in-chief of all the legions. He also held the power

permanently, and he was not required to lay down the _imperium_, as

republican proconsuls had done, on entering the city. The whole empire

was thus put under the dual control of Augustus and the senate. This is

the first instance in history of the establishment of a constitutional

monarchy.

The provinces profited greatly by the changes which Augustus made in

the method of governing them. The evils of the republican system come

out in Cicero’s orations against Verres, the governor of Sicily, and in

the letters which he wrote while he was himself governor of Cilicia.

Governors had been sent out to the provinces without paying much heed

to their competence. They received no salary, and their terms were

short. The governors whom Augustus sent out were chosen on the score

of honesty and fitness. Their terms were long enough to enable them

to become familiar with conditions in their provinces. They received

a generous fixed salary, and those who were capable and honest might

look forward to steady advancement. The older provinces were still

under the control of the senate, but the excellence of government in

the imperial provinces exercised a beneficial influence upon them also.

Italians and provincials welcomed the firm and stable government which

the principate of Augustus promised them in the same spirit in which

the French accepted Louis Napoleon.

The development of the city-state into a world-empire is well

illustrated by the decadence of the popular assembly which represented

the narrow, selfish interests of the city of Rome, and we are not

surprised to find the election of magistrates transferred from this

body to the senate under the successor of Augustus. As for the

magistracies they lost their independence in large measure. Augustus

introduced the practice of commending certain candidates for office,

and his approval assured them election. Consequently they became

subordinates in the new executive system, of which he was the head.

The functions of government were divided between the prince and the

senate, but the lion’s share fell to the prince. The senate could not

successfully assert, in dealing with him, the claims which it had made

good against an annually elected magistrate of much less prestige and

power. Another circumstance contributed greatly to lessen the influence

of the senate. During his declining years Augustus could not attend

all its meetings. Consequently he adopted the practice of sending it

his proposals in writing. They were always adopted without change, and

propositions of this sort, known as _orationes principis_, became in

the course of time part of the law of the land.

The powers which Augustus held were granted to him for life or for a

term of years. It was not easy to arrange for their transmission to a

successor, but he cleverly surmounted the difficulty by naming Tiberius

as heir to his private fortune and by having him invested with the

_imperium_ and with the tribunician power. The theory of the republican

magistracy was kept intact, inasmuch as the two powers just mentioned

were conferred on Tiberius by the senate in coöperation with the

people, but the action of the popular assembly was a pure matter of

form, and the senate could be counted on to approve the choice of the

prince. The precedent which Augustus set was followed by his immediate

successors.

He materially strengthened his position by clearly marking off certain

social classes from the rest of the population and by making their

privileges dependent on his favor. No one could become a senator

unless he had been elected to a magistracy, and success in an election

required the support of the prince. He gave dignity to the knighthood

and definiteness to its membership by making important appointments

from its ranks, and by revising the list of knights at regular

intervals. He even created an aristocracy among the freedmen in the

municipalities.

No survey of Roman politics would be complete without some account

of political life in these municipalities, for, as we have already

noticed, the city was the organic political unit in antiquity. Several

municipal charters,[9] most of which have been found within the last

fifty or seventy-five years, give us a clear idea of the municipal

system in the West and of the efforts which were made in the early

empire to improve it and make it uniform. In cities of the typical

form there were two local chief magistrates corresponding to the

early republican consuls, two minor magistrates who bore the title

of aediles, a senate or common council of one hundred members, and a

popular assembly. The system adopted was conservative, inasmuch as the

control of local affairs rested largely with the local senate, and

the magistrates were its ministers. Most cities were allowed to keep

a large measure of self-government under the early empire, and this

fact kept alive the sentiment of local pride and the local patriotism

of the citizens. So long as the cities were free to manage their own

affairs, the empire was prosperous. As the cities lost their sense

of responsibility, or as the central government encroached on their

rights, as it began to do in the second century of our era, the decline

of the empire set in. It was to this halcyon period of municipal

prosperity from the latter part of the first to the close of the second

century that Gibbon pays his famous tribute in the third chapter of his

history: “If a man were called to fix the period in the history of the

world, during which the condition of the human race was most happy and

prosperous, he would, without hesitation, name that which elapsed from

the death of Domitian to the accession of Commodus.” We need not stop

to consider in this connection whether the decline of this prosperity

caused the decay of self-government or was due to it. At all events the

two processes were contemporaneous.

To return from this brief account of city-life to the story of imperial

politics,--as we have noticed, under the system which Augustus set up,

there were two recognized sources of authority in the state, the prince

and the senate. We say “recognized sources of power,” because in the

background loomed up the sinister figure of the army, which was still

capable of determining the fortunes of the state, as it had done in the

times of Sulla and Marius, of Pompey and Caesar. Perhaps we may see

the first step toward the intrusion of the army into politics again

when Sejanus, the unscrupulous praetorian prefect of Tiberius, brought

all the cohorts of the praetorian guard together in Rome. The control

of these soldiers stationed in the capital put a powerful weapon in

the hands of Sejanus, but, before he could strike, his designs were

laid bare. The hereditary principle which Augustus had introduced,

by adopting Tiberius and by conferring imperial honors upon him, a

principle which was followed by his immediate successors, was for a

time a safeguard for the succession. But when the Julian line became

extinct on the murder of Nero, the field lay open to the imperial

aspirant who was backed by the strongest army. After a year of struggle

between four military leaders, Vespasian made good his claim to the

prize, and in the year 69 founded a new dynasty, the Flavian. The

precedent which Vespasian had set was not followed for a century, but

from the close of the second century to the accession of Diocletian in

284 the praetorian guard and the army constituted the power which made

and unmade the rulers of Rome. Within the period of seventy-three years

which preceded the reign of Diocletian there were in fact twenty-three

different emperors, almost all of whom owed their elevation to the

throne to the force of arms, and kept their places on the throne so

long as they could keep the favor of their armed supporters.

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