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of that remarkable man so largely depended, never suffered him to awake at all, or allowed him to awake but imperfectly, out of the belief that he was nothing, and that he desired to be nothing, but the first burgess of Rome.

To assert the possibility of a reform would be as rash as to deny it: this much is certain, that a thorough amendment of the state in all its departments was urgently required, and that in no quarter was any serious attempt made to accomplish it. Various alterations in details, no doubt, were made on the part of the senate as well as on the part of the popular opposition. The majorities in each were still well disposed, and still frequently, notwithstanding the chasm that separated the parties, joined hands in a common endeavour to effect the removal of the worst evils. But, while they did not stop the evil at its source, it was to little purpose that the better-disposed listened with anxiety to the dull murmur of the swelling flood and worked at dikes and dams. Contenting themselves with palliatives, and failing to apply even these—especially such as were the most important, the improvement of justice, for instance, and the distribution of the domains—in proper season and due measure, they helped to prepare evil days for their posterity. By neglecting to break up the field at the proper time, they allowed weeds even to ripen which they had not sowed. To the later generations who survived the storms of revolution the period after the Hannibalic war appeared the golden age of Rome, and Cato seemed the model of the Roman statesman. It was in reality the lull before the storm and the epoch of political mediocrities, an age like that of the government of Walpole in England; and no Chatham was found in Rome to infuse fresh energy into the stagnant life of the nation. Wherever we cast our eyes, chinks and rents are yawning in the old building; we see workmen busy sometimes in filling them up, sometimes in enlarging them; but we nowhere perceive any trace of preparations for thoroughly rebuilding or renewing it, and the question is no longer whether, but simply when, the structure will fall. During no epoch did the Roman constitution remain formally so stable as in the period from the Sicilian to the third Macedonian war and for a generation beyond it; but the stability of the constitution was here, as everywhere, not a sign of the health of the state, but a token of incipient sickness and the harbinger of revolution.

Notes for Chapter XI

1. II. III. New Aristocracy

2. II. III. New Opposition

3. II. III. Military Tribunes with Consular Powers

4. All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates; although, after the manner of such decorations, all of them in course of time were extended to a wider circle. This can be distinctly proved in the case of the gold finger-ring, which in the fifth century was worn only by the nobility (Plin. H. N., xxxiii. i. 18), in the sixth by every senator and senator's son (Liv. xxvi. 36), in the seventh by every one of equestrian rank, under the empire by every one who was of free birth. So also with the silver trappings, which still, in the second Punic war, formed a badge of the nobility alone (Liv. xxvi. 37); and with the purple border of the boys' toga, which at first was granted only to the sons of curule magistrates, then to the sons of equites, afterwards to those of all free-born persons, lastly—yet as early as the time of the second Punic war —even to the sons of freedmen (Macrob. Sat. i. 6). The golden amulet-case (-bulla-) was a badge of the children of senators in the time of the second Punic war (Macrob. l. c.; Liv. xxvi. 36), in that of Cicero as the badge of the children of the equestrian order (Cic. Verr. i. 58, 152), whereas children of inferior rank wore the leathern amulet (-lorum-). The purple stripe (-clavus-) on the tunic was a badge of the senators (I. V. Prerogatives of the Senate) and of the equites, so that at least in later times the former wore it broad, the latter narrow; with the nobility the -clavus- had nothing to do.

5. II. III. Civic Equality

6. Plin. H. N. xxi. 3, 6. The right to appear crowned in public was acquired by distinction in war (Polyb. vi. 39, 9; Liv. x. 47); consequently, the wearing a crown without warrant was an offence similar to the assumption, in the present day, of the badge of a military order of merit without due title.

7. II. III. Praetorship

8. Thus there remained excluded the military tribunate with consular powers (II. III. Throwing Open of Marriage and of Magistracies) the proconsulship, the quaestorship, the tribunate of the people, and several others. As to the censorship, it does not appear, notwithstanding the curule chair of the censors (Liv. xl. 45; comp, xxvii. 8), to have been reckoned a curule office; for the later period, however, when only a man of consular standing could be made censor, the question has no practical importance. The plebeian aedileship certainly was not reckoned originally one of the curule magistracies (Liv. xxiii. 23); it may, however, have been subsequently included amongst them.

9. II. I. Government of the Patriciate

10. II. III. Censorship

11. II. III. The Senate

12. The current hypothesis, according to which the six centuries of the nobility alone amounted to 1200, and the whole equestrian force accordingly to 3600 horse, is not tenable. The method of determining the number of the equites by the number of duplications specified by the annalists is mistaken: in fact, each of these statements has originated and is to be explained by itself. But there is no evidence either for the first number, which is only found in the passage of Cicero, De Rep. ii. 20, acknowledged as miswritten even by the champions of this view, or for the second, which does not appear at all in ancient authors. In favour, on the other hand, of the hypothesis set forth in the text, we have, first of all, the number as indicated not by authorities, but by the institutions themselves; for it is certain that the century numbered 100 men, and there were originally three (I. V. Burdens of the Burgesses), then six (I. Vi. Amalgamation of the Palatine and Quirinal Cities), and lastly after the Servian reform eighteen (I. VI. The Five Classes), equestrian centuries. The deviations of the authorities from this view are only apparent. The old self-consistent tradition, which Becker has developed (ii. i, 243), reckons not the eighteen patricio-plebeian, but the six patrician, centuries at 1800 men; and this has been manifestly followed by Livy, i. 36 (according to the reading which alone has manuscript authority, and which ought not to be corrected from Livy's particular estimates), and by Cicero l. c. (according to the only reading grammatically admissible, MDCCC.; see Becker, ii. i, 244). But Cicero at the same time indicates very plainly, that in that statement he intended to describe the then existing amount of the Roman equites in general. The number of the whole body has therefore been transferred to the most prominent portion of it by a prolepsis, such as is common in the case of the old annalists not too much given to reflection: just in the same way 300 equites instead of 100 are assigned to the parent-community, including, by anticipation, the contingents of the Tities and the Luceres (Becker, ii. i, 238). Lastly, the proposition of Cato (p. 66, Jordan), to raise the number of the horses of the equites to 2200, is as distinct a confirmation of the view proposed above, as it is a distinct refutation of the opposite view. The closed number of the equites probably continued to subsist down to Sulla's time, when with the -de facto- abeyance of the censorship the basis of it fell away, and to all appearance in place of the censorial bestowal of the equestrian horse came its acquisition by hereditary right; thenceforth the senator's son was by birth an -eques-. Alongside, however, of this closed equestrian body, the -equites equo publico-, stood from an early period of the republic the burgesses bound to render mounted service on their own horses, who are nothing but the highest class of the census; they do not vote in the equestrian centuries, but are regarded otherwise as equites, and lay claim likewise to the honorary privileges of the equestrian order.

In the arrangement of Augustus the senatorial houses retained the hereditary equestrian right; but by its side the censorial bestowal of the equestrian horse is renewed as a prerogative of the emperor and without restriction to a definite time, and thereby the designation of equites for the first class of the census as such falls into abeyance.

13. II. III. Increasing Powers of the Burgesses

14. II. VIII. Officers

15. II. III. Restrictions As to the Accumulation and Reoccupation of Offices

16. II. III. New Opposition

17. The stability of the Roman nobility may be clearly traced, more especially in the case of the patrician -gentes-, by means of the consular and aedilician Fasti. As is well known, the consulate was held by one patrician and one plebeian in each year from 388 to 581 (with the exception of the years 399, 400, 401, 403, 405, 409, 411, in which both consuls were patricians). Moreover, the colleges of curule aediles were composed exclusively of patricians in the odd years of the Varronian reckoning, at least down to the close of the sixth century, and they are known for the sixteen years 541, 545, 547, 549, 551, 553, 555, 557, 561, 565, 567, 575, 585, 589, 591, 593. These patrician consuls and aediles are, as respects their -gentes-, distributed as follows:—

              Consuls Consuls Curule aediles of those
              388-500 501-581 16 patrician colleges

Cornelii 15 15 15
Valerii 10 8 4
Claudii 4 8 2
Aemilii 9 6 2
Fabii 6 6 1
Manlii 4 6 1
Postumii 2 6 2
Servilii 3 4 2
Quinctii 2 3 1
Furii 2 3 -
Sulpicii 6 4 2
Veturii - 2 -
Papirii 3 1 -
Nautii

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