The History of Rome by Theodor Mommsen (highly recommended books TXT) 📖

while the great purgation actually took place and erased among others the brother of Africanus from the roll of the equites, and the brother of the deliverer of the Greeks from the roll of the senate.

Police Reform

This warfare directed against individuals, and the various attempts to repress the spirit of the age by means of justice and of police, however deserving of respect might be the sentiments in which they originated, could only at most stem the current of corruption for a short time; and, while it is remarkable that Cato was enabled in spite of that current, or rather by means of it, to play his political part, it is equally significant that he was as little successful in getting rid of the leaders of the opposite party as they were in getting rid of him. The processes of count and reckoning instituted by him and by those who shared his views before the burgesses uniformly remained, at least in the cases that were of political importance, quite as ineffectual as the counter-accusations directed against him. Nor was much more effect produced by the police-laws, which were issued at this period in unusual numbers, especially for the restriction of luxury and for the introduction of a frugal and orderly housekeeping, and some of which have still to be touched on in our view of the national economics.

Assignations of Land

Far more practical and more useful were the attempts made to counteract the spread of decay by indirect means; among which, beyond doubt, the assignations of new farms out of the domain land occupy the first place. These assignations were made in great numbers and of considerable extent in the period between the first and second war with Carthage, and again from the close of the latter till towards the end of this epoch. The most important of them were the distribution of the Picenian possessions by Gaius Flaminius in 522;(51) the foundation of eight new maritime colonies in 560;(52) and above all the comprehensive colonization of the district between the Apennines and the Po by the establishment of the Latin colonies of Placentia, Cremona,(53) Bononia,(54) and Aquileia,(55) and of the burgess- colonies, Potentia, Pisaurum, Mutina, Parma, and Luna(56) in the years 536 and 565-577. By far the greater part of these highly beneficial foundations may be ascribed to the reforming party. Cato and those who shared his opinions demanded such measures, pointing, on the one hand, to the devastation of Italy by the Hannibalic war and the alarming diminution of the farms and of the free Italian population generally, and, on the other, to the widely extended possessions of the nobles—occupied along with, and similarly to, property of their own—in Cisalpine Gaul, in Samnium, and in the Apulian and Bruttian districts; and although the rulers of Rome did not probably comply with these demands to the extent to which they might and should have complied with them, yet they did not remain deaf to the warning voice of so judicious a man.

Reforms in the Military Service

Of a kindred character was the proposal, which Cato made in the senate, to remedy the decline of the burgess-cavalry by the institution of four hundred new equestrian stalls.(57) The exchequer cannot have wanted means for the purpose; but the proposal appears to have been thwarted by the exclusive spirit of the nobility and their endeavour to remove from the burgess-cavalry those who were troopers merely and not knights. On the other hand, the serious emergencies of the war, which even induced the Roman government to make an attempt —fortunately unsuccessful—to recruit their armies after the Oriental fashion from the slave-market,(58) compelled them to modify the qualifications hitherto required for service in the burgess-army, viz. a minimum census of 11,000 -asses- (43 pounds), and free birth. Apart from the fact that they took up for service in the fleet the persons of free birth rated between 4000 -asses- (17 pounds) and 1500 -asses- (6 pounds) and all the freedmen, the minimum census for the legionary was reduced to 4000 -asses- (17 pounds); and, in case of need, both those who were bound to serve in the fleet and the free-born rated between 1500 -asses- (6 pounds) and 375 -asses- (1 pound 10 shillings) were enrolled in the burgess-infantry. These innovations, which belong presumably to the end of the preceding or beginning of the present epoch, doubtless did not originate in party efforts any more than did the Servian military reform; but they gave a material impulse to the democratic party, in so far as those who bore civic burdens necessarily claimed and eventually obtained equalization of civic rights. The poor and the freedmen began to be of some importance in the commonwealth from the time when they served it; and chiefly from this cause arose one of the most important constitutional changes of this epoch —the remodelling of the -comitia centuriata-, which most probably took place in the same year in which the war concerning Sicily terminated

Reform of the Centuries

According to the order of voting hitherto followed in the centuriate comitia, although the freeholders were no longer—as down to the reform of Appius Claudius(59) they had been—the sole voters, the wealthy had the preponderance. The equites, or in other words the patricio-plebeian nobility, voted first, then those of the highest rating, or in other words those who had exhibited to the censor an estate of at least 100,000 -asses- (420 pounds);(60) and these two divisions, when they kept together, had derided every vote. The suffrage of those assessed under the four following classes had been of doubtful weight; that of those whose valuation remained below the standard of the lowest class, 11,000 -asses- (43 pounds), had been essentially illusory. According to the new arrangement the right of priority in voting was withdrawn from the equites, although they retained their separate divisions, and it was transferred to a voting division chosen from the first class by lot. The importance of that aristocratic right of prior voting cannot be estimated too highly, especially at an epoch in which practically the influence of the nobility on the burgesses at large was constantly on the increase. Even the patrician order proper were still at this epoch powerful enough to fill the second consulship and the second censorship, which stood open in law alike to patricians and plebeians, solely with men of their own body, the former up to the close of this period (till 582), the latter even for a generation longer (till 623); and in fact, at the most perilous moment which the Roman republic ever experienced —in the crisis after the battle of Cannae—they cancelled the quite legally conducted election of the officer who was in all respects the ablest—the plebeian Marcellus—to the consulship vacated by the death of the patrician Paullus, solely on account of his plebeianism. At the same time it is a significant token of the nature even of this reform that the right of precedence in voting was withdrawn only from the nobility, not from those of the highest rating; the right of prior voting withdrawn from the equestrian centuries passed not to a division chosen incidentally by lot from the whole burgesses, but exclusively to the first class. This as well as the five grades generally remained as they were; only the lower limit was probably shifted in such a way that the minimum census was, for the right of voting in the centuries as for service in the legion, reduced from 11,000 to 4000 -asses-. Besides, the formal retention of the earlier rates, while there was a general increase in the amount of men's means, involved of itself in some measure an extension of the suffrage in a democratic sense. The total number of the divisions remained likewise unchanged; but, while hitherto, as we have said, the 18 equestrian centuries and the 80 of the first class had, standing by themselves, the majority in the 193 voting centuries, in the reformed arrangement the votes of the first class were reduced to 70, with the result that under all circumstances at least the second grade came to vote. Still more important, and indeed the real central element of the reform, was the connection into which the new voting divisions were brought with the tribal arrangement. Formerly the centuries originated from the tribes on the footing, that whoever belonged to a tribe had to be enrolled by the censor in one of the centuries. From the time that the non-freehold burgesses had been enrolled in the tribes, they too came thus into the centuries, and, while they were restricted in the -comitia tributa- to the four urban divisions, they had in the -comitia centuriata- formally the same right with the freehold burgesses, although probably the censorial arbitrary prerogative intervened in the composition of the centuries, and granted to the burgesses enrolled in the rural tribes the preponderance also in the centuriate assembly. This preponderance was established by the reformed arrangement on the legal footing, that of the 70 centuries of the first class, two were assigned to each tribe and, accordingly, the non-freehold burgesses obtained only eight of them; in a similar way the preponderance must have been conceded also in the four other grades to the freehold burgesses. In a like spirit the previous equalization of the freedmen with the free-born in the right of voting was set aside at this time, and even the freehold freedmen were assigned to the four urban tribes. This was done in the year 534 by one of the most notable men of the party of reform, the censor Gaius Flaminius, and was then repeated and more stringently enforced fifty years later (585) by the censor Tiberius Sempronius Gracchus, the father of the two authors of the Roman revolution. This reform of the centuries, which perhaps in its totality proceeded likewise from Flaminius, was the first important constitutional change which the new opposition wrung from the nobility, the first victory of the democracy proper. The pith of it consists partly in the restriction of the censorial arbitrary rule, partly in the restriction of the influence of the nobility on the one hand, and of the non- freeholders and the freedmen on the other, and so in the remodelling of the centuriate comitia according to the principle which already held good for the comitia of the tribes; a course which commended itself by the circumstance that elections, projects of law, criminal impeachments, and generally all affairs requiring the co-operation of the burgesses, were brought throughout to the comitia of the tribes and the more unwieldy centuries were but seldom called together, except where it was constitutionally necessary or at least usual, in order to elect the censors, consuls, and praetors, and in order to resolve upon an aggressive war.

Thus this reform did not introduce a new principle into the constitution, but only brought into general application the principle that had long regulated the working of the practically more frequent and more important form of the burgess-assemblies. Its democratic, but by no means demagogic, tendency is clearly apparent in the position which it took up towards the proper supports of every really revolutionary party, the proletariate and the freedmen. For that reason the practical significance of this alteration in the order of voting regulating the primary assemblies must not be estimated too highly. The new law of election did not prevent, and perhaps did not even materially impede, the contemporary formation of a new politically privileged order. It is certainly not owing to the mere imperfection of tradition, defective as it undoubtedly is, that we are nowhere able to point to a practical influence exercised by this much- discussed reform on the course of political affairs. An intimate connection, we may add, subsisted between this reform, and the already-mentioned abolition of the Roman burgess-communities -sine suffragio-, which were gradually merged in the community of full burgesses. The levelling spirit of the party of progress suggested the abolition of distinctions within the middle class, while the chasm between burgesses and non-burgesses was at the same time widened and deepened.

Results of the Efforts at Reform

Reviewing what the reform party of this age aimed at and obtained, we find that it undoubtedly exerted itself with patriotism and energy to check, and to a certain extent succeeded in checking, the spread of decay—more especially the falling off of the farmer class and the relaxation of the old strict and frugal habits—as well as the preponderating political influence of the new nobility. But we fail to discover any higher political aim. The discontent of the multitude and the moral indignation of the better classes found doubtless in this opposition their appropriate and powerful expression; but we do not find either a clear insight into the sources of the evil, or any definite and comprehensive plan of