CHAPTER XIII.

THE INSTITUTION OF ROMAN POLITICAL SOCIETY.

THE POPULUS.—THE PLEBEIANS.—THE CLIENTS.—THE

PATRICIANS.—LIMITS OF THE ORDER.—LEGISLATION OF SERVIUS

TULLIUS.—INSTITUTION OF PROPERTY CLASSES.—OF THE

CENTURIES.—UNEQUAL SUFFRAGE.—COMITIA CENTURIATA.—SUPERSEDES

COMITIA CURIATA.—CLASSES SUPERSEDE THE GENTES.—THE

CENSUS.—PLEBEIANS MADE CITIZENS.—INSTITUTION OF CITY

WARDS.—OF COUNTRY TOWNSHIPS.—TRIBES INCREASED TO FOUR.—MADE

LOCAL INSTEAD OF CONSANGUINE.—CHARACTER OF NEW POLITICAL

SYSTEM.—DECLINE AND DISAPPEARANCE OF GENTILE ORGANIZATION.—THE

WORK IT ACCOMPLISHED.

Servius Tullius, the sixth chief of the Roman military democracy, came

to the succession about one hundred and thirty-three years after the

death of Romulus, as near as the date can be ascertained.[358] This

would place his accession about 576 B. C. To this remarkable man the

Romans were chiefly indebted for the establishment of their political

system. It will be sufficient to indicate its main features, together

with some of the reasons which led to its adoption.

From the time of Romulus to that of Servius Tullius the Romans

consisted of two distinct classes, the _populus_ and the _plebeians_.

Both were personally free, and both entered the ranks of the army;

but the former alone were organized in gentes, curiæ and tribes, and

held the powers of the government. The plebeians, on the other hand,

did not belong to any gens, curia or tribe, and consequently were

without the government.[359] They were excluded from office, from the

_comitia curiata_, and from the sacred rites of the gentes. In the

time of Servius they had become nearly if not quite as numerous as the

_populus_. They were in the anomalous position of being subject to

the military service, and of possessing families and property, which

identified them with the interests of Rome, without being in any sense

connected with the government. Under gentile institutions, as we have

seen, there could be no connection with the government except through

a recognized gens, and the plebeians had no gentes. Such a state of

things, affecting so large a portion of the people, was dangerous to

the commonwealth. Admitting of no remedy under gentile institutions,

it must have furnished one of the prominent reasons for attempting the

overthrow of gentile society, and the substitution of political. The

Roman fabric would, in all probability, have fallen in pieces if a

remedy had not been devised. It was commenced in the time of Romulus,

renewed by Numa Pompilius, and completed by Servius Tullius.

The origin both of the plebeians and of the patricians, and their

subsequent relations to each other, have been fruitful themes of

discussion and of disagreement. A few suggestions may be ventured upon

each of these questions.

A person was a plebeian because he was not a member of a gens,

organized with other gentes in a curia and tribe. It is easy to

understand how large numbers of persons would have become detached

from the gentes of their birth in the unsettled times which preceded

and followed the founding of Rome. The adventurers who flocked to the

new city from the surrounding tribes, the captives taken in their wars

and afterwards set free, and the unattached persons mingled with the

gentes transplanted to Rome, would rapidly furnish such a class. It

might also well happen that in filling up the hundred gentes of each

tribe, fragments of gentes, and gentes having less than a prescribed

number of persons, were excluded. These unattached persons, with the

fragments of gentes thus excluded from recognition and organization

in a curia, would soon become, with their children and descendants,

a great and increasing class. Such were the Roman plebeians, who,

as such, were not members of the Roman gentile society. It seems to

be a fair inference from the epithet applied to the senators of the

Luceres, the third Roman tribe admitted, who were styled “Fathers of

the Lesser Gentes,” that the old gentes were reluctant to acknowledge

their entire equality. For a stronger reason they debarred the

plebeians from all participation in the government. When the third

tribe was filled up with the prescribed number of gentes, the last

avenue of admission was closed, after which the number in the plebeian

class would increase with greater rapidity. Niebuhr remarks that the

existence of the plebeian class may be traced to the time of Ancus,

thus implying that they made their first appearance at that time.[360]

He also denies that the clients were a part of the plebeian body;[361]

in both of which positions he differs from Dionysius,[362] and from

Plutarch.[363] The institution of the relation of patron and client is

ascribed by the authors last named to Romulus, and it is recognized by

Suetonius as existing in the time of Romulus.[364] A necessity for such

an institution existed in the presence of a class without a gentile

status, and without religious rites, who would avail themselves of this

relation for the protection of their persons and property, and for the

access it gave them to religious privileges. Members of a gens would

not be without this protection or these privileges; neither would it

befit the dignity or accord with the obligations of a gens to allow

one of its members to accept a patron in another gens. The unattached

class, or, in other words, the plebeians, were the only persons who

would naturally seek patrons and become their clients. The clients

formed no part of the _populus_ for the reasons stated. It seems plain,

notwithstanding the weight of Niebuhr’s authority on Roman questions,

that the clients were a part of the plebeian body.

The next question is one of extreme difficulty, namely: the origin

and extent of the patrician class—whether it originated with the

institution of the Roman Senate, and was limited to the senators, and

to their children and descendants; or included the entire _populus_,

as distinguished from the plebeians. It is claimed by the most eminent

modern authorities that the entire _populus_ were patricians. Niebuhr,

who is certainly the first on Roman questions, adopts this view,[365]

to which Long, Schmitz, and others have given their concurrence.[366]

But the reasons assigned are not conclusive. The existence of the

patrician class, and of the plebeian class as well, may be traced, as

stated, to the time of Romulus.[367] If the _populus_, who were the

entire body of the people organized in gentes, were all patricians

at this early day, the distinction would have been nominal, as the

plebeian class was then unimportant. Moreover, the plain statements

of Cicero and of Livy are not reconcilable with this conclusion.

Dionysius, it is true, speaks of the institution of the patrician class

as occurring before that of the senate, and as composed of a limited

number of persons distinguished for their birth, their virtue, and

their wealth; thus excluding the poor and obscure in birth, although

they belonged to the historical gentes.[368] Admitting a class of

patricians without senatorial connection, there was still a large

class remaining in the several gentes who were not patricians. Cicero

has left a plain statement that the senators and their children were

patricians, and without referring to the existence of any patrician

class beyond their number. When that senate of Romulus, he remarks,

which was constituted of the best men, whom Romulus himself respected

so highly that he wished them to be called fathers, and their children

patricians, attempted,[369] etc. The meaning attached to the word

fathers (_patres_) as here used was a subject of disagreement among the

Romans themselves; but the word _patricii_, for the class is formed

upon _patres_, thus tending to show the necessary connection of the

patricians with the senatorial office. Since each senator at the outset

represented, in all probability, a gens, and the three hundred thus

represented all the recognized gentes, this fact could not of itself

make all the members of the gentes patricians, because the dignity was

limited to the senators, their children, and their posterity. Livy is

equally explicit. They were certainly called fathers, he remarks, on

account of their official dignity, and their posterity (_progenies_)

patricians.[370] Under the _reges_ and also under the republic,

individuals were created patricians by the government; but apart from

the senatorial office, and special creation by the government, the rank

could not be obtained. It is not improbable that a number of persons,

not admitted into the senate when it was instituted, were placed by

public act on the same level with the senators as to the new patrician

rank; but this would include a small number only of the members of

the three hundred gentes, all of whom were embraced in the _Populus

Romanus_.

It is not improbable that the chiefs of the gentes were called fathers

before the time of Romulus, to indicate the paternal character of the

office; and that the office may have conferred a species of recognized

rank upon their posterity. But we have no direct evidence of the fact.

Assuming it to have been the case, and further, that the senate at

its institution did not include all the principal chiefs, and further

still, that when vacancies in the senate were subsequently filled, the

selection was made on account of merit and not on account of gens,

a foundation for a patrician class might have previously existed

independently of the senate. These assumptions might be used to explain

the peculiar language of Cicero, namely that Romulus desired that the

senators might be called Fathers, possibly because this was already

the honored title of the chiefs of the gentes. In this way a limited

foundation for a patrician class may be found independent of the

senate; but it would not be broad enough to include all the recognized

gentes. It was in connection with the senators that the suggestion was

made that their children and descendants should be called patricians.

The same statement is repeated by Paterculus.[371]

It follows that there could be no patrician gens and no plebeian gens,

although particular families in one gens might be patricians, and in

another plebeians. There is some confusion also upon this point. All

the adult male members of the Fabian gens, to the number of three

hundred and six, were patricians.[372] It must be explained by the

supposition that all the families in this gens could trace their

descent from senators, or to some public act by which their ancestors

were raised to the patriciate. There were of course patrician families

in many gentes, and at a later day patrician and plebeian families

in the same gens. Thus the Claudii and Marcelli, before referred to

(_supra_ p. 287), were two families of the Claudian gens, but the

Claudii alone were patricians. It will be borne in mind, that prior

to the time of Servius Tullius the Romans were divided into two

classes, the _populus_ and the _plebeians_; but that after his time,

and particularly after the Licinian legislation (367 B. C.) by which

all the dignities of the state were opened to every citizen, the Roman

people, of the degree of freemen, fell into two political classes,

which may be distinguished as the aristocracy and the commonalty.

The former class consisted of the senators, and those descended from

senators, together with those who had held either of the three curule

offices, (consul, praetor, and curule ædile) and their descendants. The

commonalty were now Roman citizens. The gentile organization had fallen

into decadence, and the old division could no longer be maintained.

Persons, who in the first period as belonging to the _populus_, could

not be classed with the plebeians, would in the subsequent period

belong to the aristocracy without being patricians. The Claudii could

trace their descent from Appius Claudius who was made a senator in

the time of Romulus; but the Marcelli could not trace their descent

from him, nor from any other senator, although, as Niebuhr remarks,

“equal to the Appii in the splendor of the honors they attained to,

and incomparably more useful to the commonwealth.”[373] This is

a sufficient explanation of the position of the Marcelli without

resorting to the fanciful hypothesis of Niebuhr, that the Marcelli had

lost patrician rank through a marriage of disparagement.[374]

The patrician class were necessarily numerous, because the senators,

rarely less than three hundred, were chosen as often as vacancies

occurred, thus constantly including new families; and because it

conferred patrician rank on their posterity. Others were from time to

time made patricians by act of the state.[375] This distinction, at

first probably of little value, became of great importance with their

increase in wealth, numbers and power; and it changed the complexion

of Roman society. The full effect of introducing a privileged class in

Roman gentile society was not probably appreciated at the time; and

it is questionable whether this institution did not exercise a more

injurious than beneficial influence upon the subsequent career of the

Roman people.

When the gentes had ceased to be organizations for governmental

purposes under the new political system, the _populus_ no longer

remained as distinguished from the plebeians; but the shadow of the

old organization and of the old distinction remained far into the

republic.[376] The plebeians under the new system were Roman citizens,

but they were now the commonalty; the question of the connection or

non-connection with a gens not entering into the distinction.

From Romulus to Servius Tullius the Roman organization, as before

stated, was simply a gentile society, without relation to territory

or to property. All we find is a series of aggregates of persons, in

gentes, curiæ and tribes, by means of which the people were dealt with

by the government as groups of persons forming these several organic

unities. Their condition was precisely like that of the Athenians prior

to the time of Solon. But they had instituted a senate in the place of

the old council of chiefs, a _comitia curiata_ in the place of the old

assembly of the people, and had chosen a military commander, with the

additional functions of a priest and judge. With a government of three

powers, co-ordinated with reference to their principal necessities, and

with a coalescence of the three tribes, composed of an equal number of

gentes and curiæ, into one people, they possessed a higher and more

complete governmental organization than the Latin tribes had before

attained. A numerous class had gradually developed, however, who were

without the pale of the government, and without religious privileges,

excepting that portion who had passed into the relation of clients. If

not a dangerous class, their exclusion from citizenship, and from all

participation in the government, was detrimental to the commonwealth. A

municipality was growing up upon a scale of magnitude unknown in their

previous experience, requiring a special organization to conduct its

local affairs. A necessity for a change in the plan of government must

have forced itself more and more upon the attention of thoughtful men.

The increase of numbers and of wealth, and the difficulty of managing

their affairs, now complex from weight of numbers and diversity of

interests, began to reveal the fact, it must be supposed, that they

could not hold together under gentile institutions. A conclusion of

this kind is required to explain the several expedients which were

tried.

Numa, the successor of Romulus, made the first significant movement,

because it reveals the existence of an impression, that a great power

could not rest upon gentes as the basis of a system. He attempted

to traverse the gentes, as Theseus did, by dividing the people into

classes, some eight in number, according to their arts and trades.[377]

Plutarch, who is the chief authority for this statement, speaks of this

division of the people according to their vocations as the most admired

of Numa’s institutions; and remarks further, that it was designed to

take away the distinction between Latin and Sabine, both name and

thing, by mixing them together in a new distribution. But as he did not

invest the classes with the powers exercised by the gentes, the measure

failed, like the similar attempt of Theseus, and for the same reason.

Each guild, as we are assured by Plutarch, had its separate hall, court

and religious observances. These records, though traditionary, of

the same experiment in Attica and at Rome, made for the same object,

for similar reasons, and by the same instrumentalities, render the

inference reasonable that the experiment as stated was actually tried

in each case.

Servius Tullius instituted the new system, and placed it upon a

foundation where it remained to the close of the republic, although

changes were afterwards made in the nature of improvements. His period

(about 576-533 B. C.) follows closely that of Solon (596 B. C.), and

precedes that of Cleisthenes (509 B. C.). The legislation ascribed

to him, and which was obviously modeled upon that of Solon, may be

accepted as having occurred as early as the time named, because the

system was in practical operation when the republic was established

509 B. C., within the historical period. Moreover, the new political

system may as properly be ascribed to him as great measures have been

attributed to other men, although in both cases the legislator does

little more than formulate what experience had already suggested and

pressed upon his attention. The three principal changes which set aside

the gentes and inaugurated political society based upon territory

and upon property, were: first, the substitution of classes, formed

upon the measure of individual wealth, in the place of the gentes;

second, the institution of the _comitia centuriata_, as the new popular

assembly, in the place of the _comitia curiata_, the assembly of the

gentes, with a transfer of the substantial powers of the latter to the

former; and third, the creation of four city wards, in the nature of

townships, circumscribed by metes and bounds and named as territorial

areas, in which the residents of each ward were required to enroll

their names and register their property.

Imitating Solon, with whose plan of government he was doubtless

familiar, Servius divided the people into five classes, according to

the value of their property, the effect of which was to concentrate

in one class the wealthiest men of the several gentes.[378] Each

class was then subdivided into centuries, the number in each being

established arbitrarily without regard to the actual number of

persons it contained, and with one vote to each century in the

_comitia_. The amount of political power to be held by each class

was thus determined by the number of centuries given to each. Thus,

the first class consisted of eighty centuries, with eighty votes

in the _comitia centuriata_; the second class of twenty centuries,

to which two centuries of artisans were attached, with twenty-two

votes; the third class of twenty centuries, with twenty votes; the

fourth class of twenty, to which two centuries of horn-blowers and

trumpeters were attached, with twenty-two votes; and the fifth class

of thirty centuries, with thirty votes. In addition to these, the

equites consisted of eighteen centuries, with eighteen votes. To these

classes Dionysius adds a sixth class, consisting of one century, with

one vote. It was composed of those who had no property, or less than

the amount required for admission into the fifth class. They neither

paid taxes, nor served in war.[379] The whole number of centuries in

the six classes with the equites added, made a total of one hundred

and ninety-three, according to Dionysius.[380] Livy, agreeing with

the former as to the number of regular centuries in the five classes,

differs from him by excluding the sixth class, the persons being formed

into one century with one vote, and included in or attached to the

fifth class. He also makes three centuries of horn-blowers instead of

two, and the whole number of centuries one more than Dionysius.[381]

Cicero remarks that ninety-six centuries were a minority, which would

be equally true under either statement.[382] The centuries of each

class were divided into seniors and juniors, of which the senior

centuries were composed of such persons as were above the age of

fifty-five years, and were charged with the duty, as soldiers, of

defending the city; while the junior centuries consisted of those

persons who were below this age and above seventeen, and were charged

with external military enterprises.[383] The armature of each class was

prescribed and made different for each.[384]

It will be noticed that the control of the government, so far as the

assembly of the people could influence its action, was placed in

the hands of the first class, and the equites. They held together

ninety-eight votes, a majority of the whole. Each century agreed

upon its vote separately when assembled in the _comitia centuriata_,

precisely as each curia had been accustomed to do in the _comitia

curiata_. In taking a vote upon any public question, the equites were

called first, and then the first class.[385] If they agreed in their

votes it decided the question, and the remaining centuries were not

called upon to vote; but if they disagreed, the second class was

called, and so on to the last, unless a majority sooner appeared.

The powers formerly exercised by the _comitia curiata_, now transferred

to the _comitia centuriata_, were enlarged in some slight particulars

in the subsequent period. It elected all officers and magistrates on

the nomination of the senate; it enacted or rejected laws proposed

by the senate, no measure becoming a law without its sanction; it

repealed existing laws on the proposition of the same body, if they

chose to do so; and it declared war on the same recommendation. But

the senate concluded peace without consulting the assembly. An appeal

in all cases involving life could be taken to this assembly as the

highest judicial tribunal of the state. These powers were substantial,

but limited—control over the finances being excluded. A majority

of the votes, however, were lodged with the first class, including

the equites, which embraced the body of the patricians, as must be

supposed, and the wealthiest citizens. Property and not numbers

controlled the government. They were able, however, to create a body

of laws in the course of time which afforded equal protection to all,

and thus tended to redeem the worst effects of the inequalities of the

system.

The meetings of the _comitia_ were held in the Campus Martius annually

for the election of magistrates and officers, and at other times when

the public necessities required. The people assembled by centuries, and

by classes under their officers, organized as an army (_exercitus_);

for the centuries and classes were designed to subserve all the

purposes of a military as well as a civil organization. At the first

muster under Servius Tullius, eighty thousand citizen soldiers appeared

in the Campus Martius under arms, each man in his proper century, each

century in its class, and each class by itself.[386] Every member of a

century was now a citizen of Rome, which was the most important fruit

of the new political system. In the time of the republic the consuls,

and in their absence, the praetor, had power to convene the _comitia_,

which was presided over by the person who caused it to assemble.

Such a government appears to us, in the light of our more advanced

experience, both rude and clumsy; but it was a sensible improvement

upon the previous gentile government, defective and illiberal as it

appears. Under it, Rome became mistress of the world. The element

of property, now rising into commanding importance, determined its

character. It had brought aristocracy and privilege into prominence,

which seized the opportunity to withdraw the control of the government

in a great measure from the hands of the people, and bestow it upon the

men of property. It was a movement in the opposite direction from that

to which the democratic principles inherited from the gentes naturally

tended. Against the new elements of aristocracy and privilege now

incorporated in their governmental institutions, the Roman plebeians

contended throughout the period of the republic, and at times with some

measure of success. But patrician rank and property possessed by the

higher classes, were too powerful for the wiser and grander doctrines

of equal rights and equal privileges represented by the plebeians.

It was even then far too heavy a tax upon Roman society to carry a

privileged class.

Cicero, patriot and noble Roman as he was, approved and commended

this gradation of the people into classes, with the bestowment of a

controlling influence in the government upon the minority of citizens.

Servius Tullius, he remarks, “having created a large number of equites

from the common mass of the people, divided the remainder into five

classes, distinguishing between the seniors and juniors, which he

so constituted as to place the suffrages, not in the hands of the

multitude, but of the men of property; taking care to make it a rule

of ours, as it ought to be in every government, that the greatest

number should not have the greatest weight.”[387] In the light of

the experience of the intervening two thousand years, it may well be

observed that the inequality of privileges, and the denial of the right

of self-government here commended, created and developed that mass of

ignorance and corruption which ultimately destroyed both government

and people. The human race is gradually learning the simple lesson,

that the people as a whole are wiser for the public good and the

public prosperity, than any privileged class of men, however refined

and cultivated, have ever been, or, by any possibility, can ever

become. Governments over societies the most advanced are still in a

transitional stage; and they are necessarily and logically moving, as

President Grant, not without reason, intimated in his last inaugural

address, in the direction of democracy; that form of self-government

which represents and expresses the average intelligence and virtue of a

free and educated people.

The property classes subserved the useful purpose of breaking up the

gentes, as the basis of a governmental system, by transferring their

powers to a different body. It was evidently the principal object of

the Servian legislation to obtain a deliverance from the gentes, which

were close corporations, and to give the new government a basis wide

enough to include all the inhabitants of Rome, with the exception of

the slaves. After the classes had accomplished this work, it might have

been expected that they would have died out as they did at Athens;

and that city wards and country townships, with their inhabitants

organized as bodies politic, would have become the basis of the new

political system, as they rightfully and logically should. But the

municipal organization of Rome prevented this consummation. It gained

at the outset, and maintained to the end the central position in the

government, to which all areas without were made subordinate. It

presents the anomaly of a great central municipal government expanded,

in effect, first over Italy, and finally over the conquered provinces

of three continents. The five classes, with some modifications of the

manner of voting, remained to the end of the republic. The creation of

a new assembly of the people to take the place of the old, discloses

the radical character of the Servian constitution. These classes would

never have acquired vitality without a newly constituted assembly,

investing them with political powers. With the increase of wealth and

population the duties and responsibilities of this assembly were much

increased. It was evidently the intention of Servius Tullius that it

should extinguish the _comitia curiata_, and with it the power of the

gentes.

This legislator is said to have instituted the _comitia tributa_,

a separate assembly of each local tribe or ward, whose chief

duties related to the assessment and collection of taxes, and to

furnishing contingents of troops. At a later day this assembly

elected the tribunes of the people. The ward was the natural unit of

their political system, and the centre where local self-government

should have been established had the Roman people wished to create

a democratic state. But the senate and the property classes had

forestalled them from that career.

One of the first acts ascribed to Servius was the institution of the

census. Livy pronounces the census a most salutary measure for an

empire about to become so great, according to which the duties of

peace and of war were to be performed, not individually as before,

but according to the measure of personal wealth.[388] Each person

was required to enroll himself in the ward of his residence, with a

statement of the amount of his property. It was done in the presence

of the censor; and the lists when completed furnished the basis upon

which the classes were formed.[389] This was accompanied by a very

remarkable act for the period, the creation of four city wards,

circumscribed by boundaries, and distinguished by appropriate names.

In point of time it was earlier than the institution of the Attic deme

by Cleisthenes; but the two were quite different in their relations

to the government. The Attic deme, as has been shown, was organized

as a body politic with a similar registry of citizens and of their

property, and having besides a complete local self-government, with

an elective magistracy, judiciary and priesthood. On the other hand,

the Roman ward was a geographical area, with a registry of citizens

and of their property, with a local organization, a tribune and other

elective offices, and with an assembly. For a limited number of special

objects the inhabitants of the wards were dealt with by the government

through their territorial relations. But the government of the ward

did not possess the solid attributes of that of the Attic deme. It was

a nearer copy of the previous Athenian naucrary, which not unlikely

furnished the model, as the Solonian classes did of the Servian.

Dionysius remarks, that after Servius Tullius had inclosed the seven

hills with one wall he divided the city into four parts, and gave

the names of the hills to the re-divisions: to the first, Palatina,

to the second, Suburra, to the third, Collina, and to the fourth,

Esquilina; and made the city consist of four parts, which before

consisted of three; and he ordered the people who dwelt in each of the

four regions, like villagers, not to take any other dwelling, nor to

pay taxes elsewhere, nor give in their names as soldiers elsewhere,

nor pay their assessments for military purposes and other needs, which

each must furnish for the common welfare; for these things were no

longer to be done according to the three consanguine tribes (φυλὰς

τὰς γενικὰς), but according to the four local tribes (φυλὰς τὰς

τοπικὰς), which last had been arranged by himself; and he appointed

commanders over each tribe, as phylarchs or comarchs, whom he directed

to note what house each inhabited.[390] Mommsen observes that “each of

these four levy-districts had to furnish the fourth part not only of

the force as a whole, but of each of its military subdivisions, so that

each legion and each century numbered an equal proportion of conscripts

from each region; evidently for the purpose of merging all distinctions

of a gentile and local nature in one common levy of the community, and

especially of binding, through the powerful leveling influence of the

military spirit, the _meteoci_ and the burgesses into one people.”[391]

In like manner, the surrounding country under the government of Rome

was organized in townships (_tribus rusticae_), the number of which

is stated at twenty-six by some writers, and at thirty-one by others;

making, with the four city wards, a total of thirty in one case, and

of thirty-five in the other.[392] The total number was never increased

beyond thirty-five. These townships did not become integral in the

sense of participating in the administration of the government.

As finally established under the Servian constitution, the government

was cast in the form in which it remained during the existence of

the republic; the consuls taking the place of the previous military

commanders. It was not based upon territory in the exclusive sense

of the Athenian government, or in the modern sense; ascending from

the township or ward, the unit of organization, to the county or

arrondissement, and from the latter to the state, each organized and

invested with governmental functions as constituents of a whole. The

central government overshadowed and atrophied the parts. It rested

more upon property than upon territory, this being made the commanding

element, as is shown by the lodgment of the controlling power of the

government in the highest property classes. It had, nevertheless, a

territorial basis as well, since it recognized and used territorial

subdivisions for citizenship, and for financial and military objects,

in which the citizen was dealt with through his territorial relations.

The Romans were now carried fairly out of gentile society into and

under the second great plan of government, founded upon territory

and upon property. They had left gentilism and barbarism behind

them, and entered upon a new career of civilization. Henceforth the

creation and protection of property became the primary objects of the

government, with a superadded career of conquest for domination over

distant tribes and nations. This great change of institutions, creating

political society as distinguished from gentile society, was simply

the introduction of the new elements of territory and property, making

the latter a power in the government, which before had been simply an

influence. Had the wards and rustic townships been organized with full

powers of local self-government, and the senate been made elective

by these local constituencies without distinction of classes, the

resulting government would have been a democracy, like the Athenian;

for these local governments would have moulded the state into their

own likeness. The senate, with the hereditary rank it conferred, and

the property basis qualifying the voting power in the assembly of

the people, turned the scale against democratical institutions, and

produced a mixed government, partly aristocratic and partly democratic;

eminently calculated to engender perpetual animosity between the two

classes of citizens thus deliberately and unnecessarily created by

affirmative legislation. It is plain, I think, that the people were

circumvented by the Servian constitution, and had a government put upon

them which the majority would have rejected had they fully comprehended

its probable results. The evidence is conclusive of the antecedent

democratical principles of the gentes, which, however exclusive as

against all persons not in their communion, were carried out fully

among themselves. The evidence of this free spirit and of their free

institutions is so decisive that the proposition elsewhere stated, that

gentilism is incompatible with monarchy, seems to be incontrovertible.

As a whole, the Roman government was anomalous. The overshadowing

municipality of Rome, made the centre of the state in its plan of

government, was one of the producing causes of its novel character.

The primary organization of the people into an army with the military

spirit it fostered created the cohesive force which held the republic

together, and afterwards the empire. With a selective senate holding

office for life, and possessing substantial powers; with a personal

rank passing to their children and descendants; with an elective

magistracy graded to the needs of a central metropolis; with an

assembly of the people organized into property classes, possessing

an unequal suffrage, but holding both an affirmative and a negative

upon all legislation; and with an elaborate military organization,

no other government strictly analogous has appeared among men. It

was artificial, illogical, approaching a monstrosity; but capable of

wonderful achievements, because of its military spirit, and because

the Romans were endowed with remarkable powers for organizing and

managing affairs. The patchwork in its composition was the product

of the superior craft of the wealthy classes who intended to seize

the substance of power while they pretended to respect the rights and

interests of all.

When the new political system became established, the old one did not

immediately disappear. The functions of the senate and of the military

commander remained as before; but the property classes took the place

of the gentes, and the assembly of the classes took the place of the

assembly of the gentes. Radical as the changes were, they were limited,

in the main, to these particulars, and came in without friction or

violence. The old assembly (_comitia curiata_) was allowed to retain a

portion of its powers, which kept alive for a long period of time the

organizations of the gentes, curiæ and consanguine tribes. It still

conferred the _imperium_ upon all the higher magistrates after their

election was completed, though in time it became a matter of form

merely; it inaugurated certain priests, and regulated the religious

observances of the curiæ. This state of things continued down to the

time of the first Punic war, after which the _comitia curiata_ lost its

importance and soon fell into oblivion. Both the assembly and the curiæ

were superseded rather than abolished, and died out from inanition;

but the gentes remained far into the empire, not as an organization,

for that also died out in time, but as a pedigree and a lineage. Thus

the transition from gentile into political society was gradually but

effectually accomplished, and the second great plan of human government

was substituted by the Romans in the place of the first which had

prevailed from time immemorial.

After an immensely protracted duration, running back of the separate

existence of the Aryan family, and received by the Latin tribes from

their remote ancestors, the gentile organization finally surrendered

its existence, among the Romans, to the demands of civilization.

It had held exclusive possession of society through these several

ethnical periods, and until it had won by experience all the elements

of civilization, which it then proved unable to manage. Mankind

owe a debt of gratitude to their savage ancestors for devising an

institution able to carry the advancing portion of the human race

out of savagery into barbarism, and through the successive stages

of the latter into civilization. It also accumulated by experience

the intelligence and knowledge necessary to devise political society

while the institution yet remained. It holds a position on the great

chart of human progress second to none in its influence, in its

achievements and in its history. As a plan of government, the gentile

organization was unequal to the wants of civilized man; but it is

something to be said in its remembrance that it developed from the

germ the principal governmental institutions of modern civilized

states. Among others, as before stated, out of the ancient council

of chiefs came the modern senate; out of the ancient assembly of the

people came the modern representative assembly, the two together

constituting the modern legislature; out of the ancient general

military commander came the modern chief magistrate, whether a feudal

or constitutional king, an emperor or a president, the latter being

the natural and logical result; and out of the ancient _custos urbis_,

by a circuitous derivation, came the Roman praetor and the modern

judge. Equal rights and privileges, personal freedom and the cardinal

principles of democracy were also inherited from the gentes. When

property had become created in masses, and its influence and power

began to be felt in society, slavery came in; an institution violative

of all these principles, but sustained by the selfish and delusive

consideration that the person made a slave was a stranger in blood and

a captive enemy. With property also came in gradually the principle

of aristocracy, striving for the creation of privileged classes. The

element of property, which has controlled society to a great extent

during the comparatively short period of civilization, has given

mankind despotism, imperialism, monarchy, privileged classes, and

finally representative democracy. It has also made the career of the

civilized nations essentially a property-making career. But when the

intelligence of mankind rises to the height of the great question of

the abstract rights of property,—including the relations of property to

the state, as well as the rights of persons to property,—a modification

of the present order of things may be expected. The nature of the

coming changes it may be impossible to conceive; but it seems probable

that democracy, once universal in a rudimentary form and repressed

in many civilized states, is destined to become again universal and

supreme.

An American, educated in the principles of democracy, and profoundly

impressed with the dignity and grandeur of those great conceptions

which recognize the liberty, equality and fraternity of mankind, may

give free expression to a preference for self-government and free

institutions. At the same time the equal rights of every other person

must be recognized to accept and approve any form of government,

whether imperial or monarchical, that satisfies his preferences.

Ancient society · 第 13 / 19 章