The History of Rome. Book III

and by the nomination of four auxiliary consuls for the four transmarine provinces of Sicily (527), Sardinia including Corsica (527), and Hither and Further Spain (557). The far too summary mode of initialing processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.

Election of Officers in the Comitia

Among the innovations originated by the government - which were none the less innovations, that almost uniformly they changed not the letter, but merely the practice of the existing constitution - the most prominent were the measures by which the filling up of officers' posts as well as of civil magistracies was made to depend not, as the letter of the constitution allowed and its spirit required, simply on merit and ability, but more and more on birth and seniority. As regards the nomination of staff-officers this was done not in form, but all the more in substance. It had already, in the course of the previous period, been in great part transferred from the general to the burgesses[13]; in this period came the further step, that the whole staff-officers of the regular yearly levy - the twenty-four military tribunes of the four ordinary legions - were nominated in the comitia tributai. Thus a line of demarcation more and more insurmountable was drawn between the subalterns, who gained their promotion from the general by punctual and brave service, and the staff, which obtained its privileged position by canvassing the burgesses[14]. With a view to check simply the worst abuses in this respect and to prevent young men quite untried from holding these important posts, it became necessary to require, as a preliminary to the bestowal of staff appointments, evidence of a certain number of years of service. Nevertheless, when once the military tribunate, the true pillar of the Roman military system, was laid down as the first stepping-stone in the political career of the young aristocrats, the obligation of service inevitably came to be frequently eluded, and the election of officers became liable to all the evils of democratic canvassing and of aristocratic exclusiveness. It was a cutting commentary on the new institution, that in serious wars (as in 583) it was found necessary to suspend this democratic mode of electing officers, and to leave once more to the general the nomination of his staff.

Restrictions on the Election of Consuls and Censors

In the case of civil offices, the first and chief object was to limit re-election to the supreme magistracies. This was certainly necessary, if the presidency of annual kings was not to be an empty name; and even in the preceding period reelection to the consulship was not permitted till after the lapse often years, while in the case if the censorship it was altogether forbidden[15]. No farther law was passed in the period before us; but an increased stringency in its application is obvious from the fact that, while the law as to the ten years' interval was suspended in 537 during the continuance of the war in Italy, there was no farther dispensation from it afterwards, and indeed towards the close of this period re-election seldom occurred at all. Moreover, towards the end of this epoch (574) a decree of the people was issued, binding the candidates for public magistracies to undertake them in a fixed order of succession, and to observe certain intervals between the offices, and certain limits of age. Custom, indeed, had long prescribed both of these; but it was a sensibly felt restriction of the freedom of election, when the customary qualification was raised into a legal requirement, and the right of disregarding such requirements in extraordinary cases was withdrawn from the elective body. In general, admission to the senate was thrown open to persons belonging to the ruling families without distinction as to ability, while not only were the poorer and humbler ranks of the population utterly precluded from access to the offices of government, but all Roman burgesses not belonging to the hereditary aristocracy were practically excluded, not indeed exactly from the senate, but from the two highest magistracies, the consulship and the censorship. After Manius Curius and Gaius Fabricius[16], no instance can be pointed out of a consul who did not belong to the social aristocracy, and probably no instance of the kind occurred at all. But the number of the gentes, which appear for the first time in the lists of consuls and censors in the half-century from the beginning of the war with Hannibal to the close of that with Perseus, is extremely limited; and by far the most of these, such as the Flaminii, Terentii, Porcii, Acilii, and Laelii, may be referred to elections by the opposition, or are traceable to special aristocratic connections. The election of Gaius Laelius in 564, for instance, was evidently due to the Scipios. The exclusion of the poorer classes from the government was, no doubt, required by the altered circumstances of the case. Now that Rome had ceased to be a purely Italian state and had adopted Hellenic culture, it was no longer possible to take a small farmer from the plough and to set him at the head of the community. But it was neither necessary nor beneficial that the elections should almost without exception be confined to the narrow circle of the curule houses, and that a 'new man' could only make his way into that circle by a sort of usurpation[17]. No doubt a certain hereditary character was inherent not merely in the nature of the senate as an institution, in so far as it rested from the outset on a representation of the clans[18], but in the nature of aristocracy generally, in so far as statesmanly wisdom and statesmanly experience are bequeathed from the able father to the able son, and the inspiring spirit of an illustrious ancestry fans every noble spark within the human breast into speedier and more brilliant flame. In this sense the Roman aristocracy had been at all times hereditary; in fact, it had displayed its hereditary character with great naivete in the old custom of the senator taking his sons with him to the senate, and of the public magistrate decorating his sons, as it were by anticipation, with the insignia of the highest official honour - the purple border of the consular, and the golden amulet-case of the triumphator. But, while in the earlier period the hereditariness of the outward dignity had been to a certain extent conditioned by the inheritance of intrinsic worth, and the senatorial aristocracy had guided the state not primarily by virtue of hereditary right, but by virtue of the highest of all rights of representation - the right of the excellent, as contrasted with the ordinary, man - it sank in this epoch (and with specially great rapidity after the end of the Hannibalic war) from its original high position, as the aggregate of those in the community who were most experienced in counsel and action, down to an order of lords filling up its ranks by hereditary succession, and exercising collegiate misrule.

Family Government

Indeed, matters had already at this time reached such a height, that out of the grave evil of oligarchy there emerged the still worse evil of usurpation of power by particular families. We have already spoken[19] of the offensive family-policy of the conqueror of Zama, and of his unhappily successful efforts to cover with his own laurels the incapacity and pitifulness of his brother; and the nepotism of the Flaminini was, if possible, still more shameless and scandalous than that of the Scipios. Absolute freedom of election in fact turned to the advantage of such coteries far more than of the electing body. The election of Marcus Valerius Corvus to the consulship at twenty-three had doubtless been for the benefit of the state; but now, when Scipio obtained the aedileship at twenty-three and the consulate at thirty, and Flamininus, while not yet thirty years of age, rose from the quaestorship to the consulship, such proceedings involved serious danger to the republic. Things had already reached such a pass, that the only effective barrier against family rule and its consequences had to be found in a government strictly oligarchical; and this was the reason why even the party otherwise opposed to the oligarchy agreed to restrict the freedom of election.

Government of the Nobility - Internal Administration

The government bore the stamp of this gradual change in the spirit of the governing class. It is true that the administration of external affairs was still dominated at this epoch by that consistency and energy, by which the rule of the Roman community over Italy had been established. During the severe disciplinary times of the war as to Sicily the Roman aristocracy had gradually raised itself to the height of its new position; and if it unconstitutionally usurped for the senate functions of government which by right foil to be shared between the magistrates and the comitia alone, it vindicated the step by its certainly far from brilliant, but sure and steady, pilotage of the vessel of the state during the Hannibalic storm and the complications thence arising, and showed to the world that the Roman senate was alone able, and in many respects alone deserved, to rule the wide circle of