Chapter II. – The History of Rome to the Second Punic War

In the first period, several successive stages display their characteristic varieties. The Roman State here exhibits its first phase of growth, under Kings; then it receives a republican constitution, at whose head stand Consuls. The struggle between patricians and plebeians begins; and after this has been set at rest by the concession of the plebeian demands, there ensues a state of contentment in the internal affairs of Rome, and it acquires strength to combat victoriously with the nation that preceded it on the stage of general history. As regards the accounts of the first Roman kings, every datum has met with flat contradiction as the result of criticism; but it is going too far to deny them all credibility. Seven kings in all, are mentioned by tradition; and even the “Higher Criticism” is obliged to recognize the last links in the series as perfectly historical. Romulus is called the founder of this union of freebooters; he organized it into a military state. Although the traditions respecting him appear fabulous, they only contain what is in accordance with the Roman Spirit as above described. To the second king, Numa, is ascribed the introduction of the religious ceremonies. This trait is very remarkable from its implying that religion was introduced later than political union, while among other peoples religious traditions make their appearance in the remotest periods and before all civil institutions. The king was at the same time a priest (rex is referred by etymologists to rexein – to sacrifice. As is the case with states generally, the Political was at first united with the Sacerdotal, and a theocratical state of things prevailed. The King stood here at the head of those who enjoyed privileges in virtue of the sacra.

The separation of the distinguished and powerful citizens as senators and patricians took place as early as the first kings. Romulus is said to have appointed 100 patres, respecting which however the Higher Criticism is sceptical. In religion, arbitrary ceremonies – the sacra – became fixed marks of distinction, and peculiarities of the gentes and orders. The internal organization of the State was gradually realized. Livy says that as Numa established all divine matters, so Servius Tullius introduced the different Classes, and the Census, according to which the share of each citizen in the administration of public affairs was determined. The patricians were discontented with this scheme, especially because Servius Tullius abolished a part of the debts owed by the plebeians, and gave public lands to the poorer citizens, which made them possessors of landed property. He divided the people into six classes, of which the first together with the knights formed ninety-eight centuries, the inferior classes proportionately fewer. Thus, as they voted by centuries, the class first in rank had also the greatest weight in the State. It appears that previously the patricians had the power exclusively in their hands, but that after Servius’s division they had merely a preponderance; which explains their discontent with his institutions. With Servius the history becomes more distinct; and under him and his predecessor, the elder Tarquinius, traces of prosperity are exhibited. Niebuhr is surprised that according to Dionysius and Livy, the most ancient constitution was democratic, inasmuch as the vote of every citizen had equal weight in the assembly of the people. But Livy only says that Servius abolished the suffragium viritim. Now in the comitia curiata – the cliental relation, which absorbed the plebs, extending to all – the patricians alone had a vote, and populus denoted at that time only the patricians. Dionysius therefore does not contradict himself, when he says that the constitution according to the laws of Romulus was strictly aristocratic. Almost all the Kings were foreigners – a circumstance very characteristic of the origin of Rome. Numa, who succeeded the founder of Rome, was according to the tradition, one of the Sabines – a people which under the reign of Romulus, led by Tatius, is said to have settled on one of the Roman hills. At a later date however the Sabine country appears as a region entirely separated from the Roman State. Numa was followed by Tullus Hostilius, and the very name of this king points to his foreign origin. Ancus Martius, the fourth king, was the grandson of Numa. Tarquinius Priscus sprang from a Corinthian family, as we had occasion to observe above. Servius Tullius was from Corniculum, a conquered Latin town; Tarquinius Superbus was descended from the elder Tarquinius. Under this last king Rome reached a high degree of prosperity: even at so early a period as this, a commercial treaty is said to have been concluded with the Carthaginians; and to be disposed to reject this as mythical would imply forgetfulness of the connection which Rome had, even at that time, with the Etrurians and other bordering peoples whose prosperity depended on trade and maritime pursuits. The Romans were probably even then acquainted with the art of writing, and already possessed that clearsighted comprehension which was their remarkable characteristic, and which led to that perspicuous historical composition for which they are famous. In the growth of the inner life of the state, the power of the Patricians had been much reduced; and the kings often courted the support of the people – as we see was frequently the case in the mediaeval history of Europe – in order to steal a march upon the Patricians. We have already observed this in Servius Tullius. The last king, Tarquinius Superbus, consulted the senate but little in state affairs; he also neglected to supply the place of its deceased members, and acted in every respect as if he aimed at its utter dissolution. Then ensued a state of political excitement which only needed an occasion to break out into open revolt. An insult to the honor of a matron – the invasion of that sanctum sanctorum – by the son of the king, supplied such an occasion. The kings were banished in the year 244 of the City and 510 of the Christian Era (that is, if the building of Rome is to be dated 753 B.C.) and the royal dignity abolished forever. The Kings were expelled by the patricians, not by the plebeians ; if therefore the patricians are to be regarded as possessed of “divine right” as being a sacred race, it is worthy of note that we find them here contravening such legitimation; for the King was their High Priest. We observe on this occasion with what dignity the sanctity of marriage was invested in the eyes of the Romans. The principle of subjectivity and piety (pudor) was with them the religious and guarded element; and its violation becomes the occasion of the expulsion of the Kings, and later on of the Decemvirs too. We find monogamy therefore also looked upon by the Romans as an understood thing. It was not introduced by an express law; we have nothing but an incidental testimony in the Institutes, where it is said that marriages under certain conditions of relationship are not allowable, because a man may not have two wives. It is not until the reign of Diocletian that we find a law expressly determining that no one belonging to the Roman empire may have two wives, “since according to a pretorian edict also, infamy attaches to such a condition” (cum etiam in edicto praetoris hujusmodi viri infamia notati sunt). Monogamy therefore is regarded as naturally valid, and is based on the principle of subjectivity. – Lastly, we must also observe that royalty was not abrogated here as in Greece by suicidal destruction on the part of the royal races, but was exterminated in hate. The King, himself the chief priest, had been guilty of the grossest profanation; the principle of subjectivity revolted against the deed, and the patricians, thereby elevated to a sense of independence, threw off the yoke of royalty. Possessed by the same feeling, the plebs at a later date rose against the patricians, and the Latins and the Allies against the Romans; until the equality of the social units was restored through the whole Roman dominion (a multitude of slaves, too, being emancipated) and they were held together by simple Despotism. Livy remarks that Brutus hit upon the right epoch for the expulsion of the kings, for that if it had taken place earlier, the state would have suffered dissolution. What would have happened, he asks, if this homeless crowd had been liberated earlier, when living together had not yet produced a mutual conciliation of dispositions? – The constitution now became in name republican. If we look at the matter more closely it is evident (Livy ii. 1) that no other essential change took place than the transference of the power which was previously permanent in the King, to two annual Consuls. These two, equal in power, managed military and judicial as well as administrative business; for praetors, as supreme judges, do not appear till a later date. At first all authority remained in the hands of the consuls; and at the beginning of the republic, externally and internally, the state was in evil plight. In the Roman history a period occurs as troubled as that in the Greek which followed the extinction of the dynasties. The Romans had first to sustain a severe conflict with their expelled King, who had sought and found help from the Etrurians. In the war against Porsena the Romans lost all their conquests, and even their independence : they were compelled to lay down their arms and to give hostages; according to an expression of Tacitus (Hist. 3, 72) it seems as if Porsena had even taken Rome. Soon after the expulsion of the Kings we have the contest between the patricians and plebeians; for the abolition of royalty had taken place exclusively to the advantage of the aristocracy, to which the royal power was transferred, while the plebs lost the protection which the Kings had afforded it. All magisterial and juridical power, and all property in land was at this time in the hands of the patricians; while the people, continually dragged out to war, could not employ themselves in peaceful occupations: handicrafts could not flourish, and the only acquisition the plebeians could make was their share in the booty. The patricians had their territory and soil cultivated by slaves, and assigned some of their land to their clients, who on condition of paying taxes and contributions – as tenant cultivators, therefore – had the usufruct of it. This relation, on account of the form in which the dues were paid by the Clientes, was very similar to vassalage: they were obliged to give contributions towards the marriage of the daughters of the Patronus, to ransom him or his sons when in captivity, to assist them in obtaining magisterial offices, and to make up the losses sustained in suits at law. The administration of justice was likewise in the hands of the patricians, and that without the limitations of definite and written laws; a desideratum which at a later period the Decemvirs were created to supply. All the power of government belonged moreover to the patricians, for they were in possession of all offices – first of the consulship, afterwards of the military tribuneship and censorship (instituted A.U.C. 311) – by which the actual administration of government as likewise the oversight of it, was left to them alone. Lastly, it was the patricians who constituted the Senate. The question as to how that body was recruited appears very important. But in this matter no systematic plan was followed. Romulus is said to have founded the senate, consisting then of one hundred members; the succeeding kings increased this number, and Tarquinius Priscus fixed it at three hundred. Junius Brutus restored the senate, which had very much fallen away, de novo. In after times it would appear that the censors and sometimes the dictators filled up the vacant places in the senate. In the second Punic War, A.U.C. 538, a dictator was chosen, who nominated one hundred and seventyseven new senators: he selected those who had been invested with curule dignities, the plebeian Ædiles, Tribunes of the People and Quaestors, citizens who had gained spolia opima or the corona civica. Under Caesar the number of the senators was raised to eight hundred; Augustus reduced it to six hundred. It has been regarded as great negligence on the part of the Roman historians, that they give us so little information respecting the composition and redintegration of the senate. But this point which appears to us to be invested with infinite importance, was not of so much moment to the Romans at large; they did not attach so much weight to formal arrangements, for their principal concern was, how the government was conducted. How in fact can we suppose the constitutional rights of the ancient Romans to have been so well defined, and that at a time which is even regarded as mythical, and its traditionary history as epical? The people were in some such oppressed condition as, e.g. the Irish were a few years ago in the British Isles, while they remained at the same time entirely excluded from the government. Often they revolted and made a secession from the city. Sometimes they also refused military service; yet it always remains a very striking fact that the senate could so long resist superior numbers irritated by oppression and practised in war; for the main struggle lasted for more than a hundred years. In the fact that the people could so long be kept in check is manifested its respect for legal order and the sacra. But of necessity the plebeians at last secured their righteous demands, and their debts were often remitted. The severity of the patricians their creditors, the debts due to whom they had to discharge by slave-work, drove the plebs to revolts. At first it demanded and received only what it had already enjoyed under the kings – landed property and protection against the powerful. It received assignments of land, and Tribunes of the People – functionaries that is to say, who had the power to put a veto on every decree of the senate. When this office commenced, the number of tribunes was limited to two: later there were ten of them; which however was rather injurious to the plebs, since all that the senate had to do was to gain over one of the tribunes, in order to thwart the purpose of all the rest by his single opposition. The plebs obtained at the same time the provocatio ad populum: that is, in every case of magisterial oppression, the condemned person might appeal to the decision of the people – a privilege of infinite importance to the plebs, and which especially irritated the patricians. At the repeated desire of the people the Decemviri were nominated – the Tribunate of the People being suspended – to supply the desideratum of a determinate legislation; they perverted, as is well known, their unlimited power to tyranny; and were driven from power on an occasion entailing similar disgrace to that which led to the punishment of the Kings. The dependence of the clientela was in the meantime weakened; after the decemviral epoch the clientes are less and less prominent and are merged in the plebs, which adopts resolutions (plebiscita); the senate by itself could only issue senatus consulta, and the tribunes, as well as the senate, could now impede the comitia and elections. By degrees the plebeians effected their admissibility to all dignities and offices; but at first a plebeian consul, aedile, censor, etc., was not equal to the patrician one, on account of the sacra which the latter kept in his hands; and a long time intervened after this concession before a plebeian actually became a consul. It was the tribunus plebis, Licinius, who established the whole cycle of these political arrangements – in the second half of the fourth century, A.U.C. 387. It was he also who chiefly commenced the agitation for the lex agraria, respecting which so much has been written and debated among the learned of the day. The agitators for this law excited during every period very great commotions in Rome. The plebeians were practically excluded from almost all the landed property, and the object of the Agrarian Laws was to provide lands for them – partly in the neighborhood of Rome, partly in the conquered districts, to which colonies were to be then led out. In the time of the Republic we frequently see military leaders assigning lands to the people; but in every case they were accused of striving after royalty, because it was the kings who had exalted the plebs. The Agrarian Law required that no citizen should possess more than five hundred jugera: the patricians were consequently obliged to surrender a large part of their property. Niebuhr in particular has undertaken extensive researches respecting the agrarian laws, and has conceived himself to have made great and important discoveries: he says, viz. that an infringement of the sacred right of property was never thought of, but that the state had only assigned a portion of the public lands for the use of the plebs, having always had the right of disposing of them as its own property. I only remark in passing that Hegewisch had made this discovery before Niebuhr, and that Niebuhr derived the particular data on which his assertion rests from Appian and Plutarch; that is from Greek authors, respecting whom he himself allows that we should have recourse to them only in an extreme case. How often does Livy, as well as Cicero and others, speak of the Agrarian laws, while nothing definite can be inferred from their statements! – This is another proof of the inaccuracy of the Roman historians. The whole affair ends in nothing but a useless question of jurisprudence. The land which the patricians had taken into possession or in which colonies settled, was originally public land; but it also certainly belonged to those in possession, and our information is not at all promoted by the assertion that it always remained public land. This discovery of Niebuhr’s turns upon a very immaterial distinction, existing perhaps in his ideas, but not in reality. – The Licinian law was indeed carried, but soon transgressed and utterly disregarded. Licinius Stolo himself, who had first “agitated” for the law, was punished because he possessed a larger property in land than was allowed, and the patricians opposed the execution of the law with the greatest obstinacy. We must here call especial attention to the distinction which exists between the Roman, the Greek, and our own circumstances. Our civil society rests on other principles, and in it such measures are not necessary. Spartans and Athenians, who had not arrived at such an abstract idea of the State as was so tenaciously held by the Romans, did not trouble themselves with abstract rights, but simply desired that the citizens should have the means of subsistence; and they required of the state that it should take care that such should be the case. This is the chief point in the first period of Roman History – that the plebs attained the right of being eligible to the higher political offices, and that by a share which they too managed to obtain in the land and soil, the means of subsistence were assured to the citizens.

By this union of the patriciate and the plebs, Rome first attained true internal consistency ; and only after this had been realized could the Roman power develop itself externally. A period of satisfied absorption in the common interest ensues, and the citizens are weary of internal struggles. When after civil discords nations direct their energies outward, they appear in their greatest strength; for the previous excitement continues, and no longer having its object within, seeks for it without. This direction given to the Roman energies was able for a moment to conceal the defect of that union; equilibrium was restored, but without an essential centre of unity and support. The contradiction that existed could not but break out again fearfully at a later period; but previously to this time the greatness of Rome had to display itself in war and the conquest of the world. The power, the wealth, the glory derived from these wars, as also the difficulties to which they led, kept the Romans together as regards the internal affairs of the state. Their courage and discipline secured their victory. As compared with the Greek or Macedonian, the Roman art of war has special peculiarities. The strength of the phalanx lay in its mass and in its massive character. The Roman legions also present a close array, but they had at the same time an articulated organization: they united the two extremes of massiveness on the one hand, and of dispersion into light troops on the other hand: they held firmly together, while at the same time they were capable of ready expansion. Archers and slingers preceded the main body of the Roman army when they attacked the enemy – afterwards leaving the decision to the sword.

It would be a wearisome task to pursue the wars of the Romans in Italy; partly because they are in themselves unimportant – even the often empty rhetoric of the generals in Livy cannot very much increase the interest – partly on account of the unintelligent character of the Roman annalists, in whose pages we see the Romans carrying on war only with “enemies” without learning anything further of their individuality – e.g., the Etruscans, the Samnites, the Ligurians, with whom they carried on wars during many hundred years. – It is singular in regard to these transactions that the Romans, who have the justification conceded by World- History on their side, should also claim for themselves the minor justification in respect to manifestoes and treaties on occasion of minor infringements of them, and maintain it as it were after the fashion of advocates. But in political complications of this kind, either party may take offence at the conduct of the other, if it pleases, and deems it expedient to be offended. – The Romans had long and severe contests to maintain with the Samnites, the Etruscans, the Gauls, the Marsi, the Umbrians and the Bruttii, before they could make themselves masters of the whole of Italy. Their dominion was extended thence in a southerly direction; they gained a secure footing in Sicily, where the Carthaginians had long carried on war; then they extended their power towards the west: from Sardinia and Corsica they went to Spain. They thus soon came into frequent contact with the Carthaginians, and were obliged to form a naval power in opposition to them. This transition was easier in ancient times than it would perhaps be now, when long practice and superior knowledge are required for maritime service. The mode of warfare at sea was not very different from that on land. We have thus reached the end of the first epoch of Roman History, in which the Romans by their retail military transactions had become capitalists in a strength proper to themselves, and with which they were to appear on the theatre of the world. The Roman dominion was, on the whole, not yet very greatly extended: only a few colonies had settled on the other side of the Po, and on the south a considerable power confronted that of Rome. It was the Second Punic War, therefore, that gave the impulse to its terrible collision with the most powerful states of the time; through it the Romans came into contact with Macedonia, Asia, Syria, and subsequently also with Egypt. Italy and Rome remained the centre of their great far-stretching empire, but this centre was, as already remarked, not the less an artificial, forced, and compulsory one. This grand period of the contact of Rome with other states, and of the manifold complications thence arising, has been depicted by the noble Achaean, Polybius, whose fate it was to observe the fall of his country through the disgraceful passions of the Greeks and the baseness and inexorable persistency of the Romans.