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The Historians' History of the World 05 [The Roman Republic]

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The Historians' History of the World 05 [The Roman Republic]
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But a far greater change was effected soon afterwards; no less than the establishment of a new constitution, on totally different principles. This constitution is no doubt historical, however uncertain may be the accounts which relate to its reputed author. “The good king Servius and his just laws,” were the objects of the same fond regret amongst the Roman commons, when suffering under the tyranny of the aristocracy, as the laws of the good king Edward the Confessor amongst the English after the Norman conquest; and imagination magnified, perhaps, the merit of the one no less than of the other: yet the constitution of Servius was a great work, and well deserves to be examined and explained. Servius, like Tarquinius, is represented as a foreigner, and is said also, like him, to have ascended the throne to the exclusion of the sons of the late king. According to the account which Livyd followed, he was acknowledged by the senate, but not by the people; and this, which seemed contradictory so long as the people, populus, and the commons, plebs, were confounded together, is in itself consistent and probable, when it is understood that the people, who would not acknowledge Servius, were the houses assembled in their great council of the curiæ, and that these were likely to be far less manageable by the king whom they disliked, than the smaller council of their representatives assembled in the senate. Now supposing that the king, whoever he may have been, was unwelcome to what was then the people, that is, to the only body of men who enjoyed civil rights, it was absolutely necessary for him, unless he would maintain his power as a mere tyrant, through the help of a foreign paid guard, to create a new and different people out of the large mass of inhabitants of Rome who had no political existence, but who were free, and in many instances wealthy and of noble origin; who therefore, although now without rights, were in every respect well fitted to receive them.

The principle of an aristocracy is equality within its own body, ascendency over all the rest of the community. Opposed to this is the system, which, rejecting these extremes of equality and inequality, subjects no part of the community to another, but gives a portion of power to all; not an equal portion however, but one graduated according to a certain standard, which standard has generally been property. Accordingly, this system has both to do away with distinctions and to create them; to do away, as it has generally happened, with distinctions of birth, and to create distinctions of property. Thus at Rome, in the first instance, the tribes or divisions of the people took a different form.

The old three tribes of Ramnes, Tities, and Luceres, had been divisions of birth, real or supposed; each was made up of the houses of the curiæ, and no man could belong to the tribe without first belonging to a curia, and to a house; nor could any stranger become a member of a house except by the rite of adoption, by which he was made as one of the same race, and therefore a lawful worshipper of the same gods. Each of these tribes had its portion of the Ager Romanus, the old territory of Rome. But now, as many others had become Romans in the course of time, without belonging to either of these three tribes, that is, had come to live under the Roman kings, many in Rome itself, and had received grants of land from the kings beyond the limits of the old Ager Romanus, a new division was made including all these; and the whole city and territory of Rome, except the Capitol, were divided into thirty tribes, four for the city, and twenty-six for the country, containing all the Romans who were not members of the houses, and classing them according to the local situation of their property. These thirty tribes corresponded to the thirty curiæ of the houses; for the houses were used to assemble, not in a threefold division, according to their tribes, but divided into thirty, according to their curiæ: and the commons were to meet and settle all their own affairs in the assembly of their tribes, as the houses met and settled theirs in the assembly of their curiæ.

Thus then there were two bodies existing alongside of each other, analogous to the House of Lords and the House of Commons of England’s ancient constitution, two estates distinct from and independent of each other, but with no means as yet provided for converting them into states-general or a parliament. Nor could they have acted together as jointly legislating for the whole nation; for the curiæ still regarded themselves as forming exclusively the Roman people, and would not allow the commons, as such, to claim any part in the highest acts of national sovereignty.[13] There was one relation, however, in which the people and the commons felt that they belonged to one common country, in which they were accustomed to act together, and in which therefore it was practicable to unite them into one great body. This was when they marched out to war; then, if not equally citizens of Rome, they felt that they were alike Romans.

It has ever been the case, that the distinctions of peace vanish amidst the dangers of war; arms and courage, and brotherhood in perils, confer of necessity power and dignity. Thus we hear of armies on their return home from war stopping before they entered the city walls to try, in their military character, all offences or cases of misconduct which had occurred since they had taken the field: whereas when once they had entered the walls, civil relations were reassumed, and all trials were conducted according to other forms, and before other judges. This will explain the peculiar constitution of the comitia of centuries, which was a device for uniting the people and the commons into a national and sovereign assembly in their capacity of soldiers, without shocking those prejudices which as yet placed a barrier between them as soon as they returned to the relations of peace.

THE ORGANISATION OF THE ARMY

But in order to do this with effect, and to secure in this great assembly a preponderance to the commons, a change in the military organisation and tactics of the army became indispensable. In all aristocracies in an early stage of society, the ruling order or class has fought on horseback or in chariots and their subjects or dependents have fought on foot. The cavalry service under these circumstances has been cultivated, that of the infantry neglected; the mounted noble has been well armed and carefully trained in warlike exercises, whilst his followers on foot have been ill armed and ill disciplined, and quite incapable of acting with equal effect. The first great step then towards raising the importance of the infantry, or in other words, of the commons of a state, was to train them to resist cavalry, to form them into thick masses instead of a thin extended line, to arm them with the pike instead of the sword or the javelin. Thus the phalanx order of battle was one of the earliest improvements in the art of war; and at the time we are now speaking of, this order was in general use in Greece, and must have been well known, if only through the Greek colonies, in Italy also. Its introduction into the Roman army would be sure to make the infantry from henceforward more important than the cavalry; that is, it would enable the commons to assert a greater right in Rome than could be claimed by the houses, inasmuch as they could render better service. Again, the phalanx order of battle furnished a ready means for giving importance to a great number of the less wealthy commons, who could not supply themselves with complete armour; while on the other hand it suggested a natural distinction between them and their richer fellows, and thus established property as the standard of political power, the only one which can in the outset compete effectually with the more aristocratical standard of birth; although in a later stage of society it becomes itself aristocratical, unless it be duly tempered by the mixture of a third standard, education and intelligence. In a deep phalanx, the foremost ranks needed to be completely armed, but those in the rear could neither reach or be reached by the enemy, and only served to add weight to the charge of the whole body. These points being remembered, we may now proceed to the details of the great comitia of Servius.

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