[ca. 753-510 B.C.]

Greece, and the Romans; nor is it wanting among the Ionians, although in these last it was modified by that individual freedom which arose naturally from the surpassing vigour of their intellect, the destined well-spring of wisdom to the whole world. But in Rome, as at Lacedæmon, as there was much less activity of reason, so the tendency to regulate and to organise was much more predominant.

Accordingly we find traces of this character in the very earliest traditions of Roman story. Even in Romulus, his institutions go hand in hand with his deeds in arms; and the wrath of the gods darkened the last years of the warlike Tullus, because he had neglected the rites and ordinances established by Numa. Numa and Servius, whose memory was cherished most fondly, were known only as lawgivers; Ancus, like Romulus, is the founder of institutions as well as the conqueror, and one particular branch of law is ascribed to him as its author, the ceremonial to be observed before going to war. The two Tarquinii are represented as of foreign origin, and the character of their reigns is foreign also. They are great warriors and great kings; they extend the dominion of Rome; they enlarge the city and embellish it with great and magnificent works; but they add nothing to its institutions; and it was the crime of the last Tarquinius to undo those good regulations which his predecessor had appointed.

THE FINE ARTS

It is allowed, on all hands, that the works of art executed in Rome under the later kings, whether architecture or sculpture, were of Etruscan origin; but what is meant by "Etruscan," and how far Etruscan art was itself derived from Greece, are questions which have been warmly disputed. The statue of Jupiter in the Capitol, and the four-horsed chariot on the summit of the temple, together with most of the statues of the gods, were at this period wrought in clay; bronze was not generally employed till a later age. There is no mention of any paintings in Rome itself earlier than the time of the commonwealth; but Pliny speaks of some frescoes at Ardea and at Cære, which he considered to be older than the very foundation of the city, and which in his own age preserved the freshness of their colouring, and in his judgment were works of remarkable merit. The Capitoline temple itself was built nearly in the form of a square, each side being about two hundred feet in length; its front faced southwards, towards the Forum and the Palatine, and had a triple row of pillars before it, while a double row enclosed the sides of the temple. These, it is probable, were not of marble, but made either of the stone of Rome itself, like the cloaca, or possibly from the quarries of Gabii or Alba.

Of the Roman mind under the kings, Cicero knew no more than we do. He had seen no works of that period, whether of historians or of poets; he had never heard the name of a single individual whose genius had made it famous, and had preserved its memory together with his own. A certain number of laws ascribed to the kings, and preserved, whether on tables of wood or brass in the Capitol, or in the collection of the jurist Papirius, were almost the sole monuments which could illustrate the spirit of the early ages of the Roman people. But even these, to judge from the few extracts with which we are acquainted, must have been modernised in their language; for the Latin of a law ascribed to Servius Tullius is perfectly intelligible, and not more ancient in its forms than that of the

fifth century of Rome; whereas the few genuine monuments of the earliest times, the hymns of the Salii, and of the Brotherhood of Husbandry, Fratres Arvales, required to be interpreted to the Romans of Cicero's time like a foreign language; and of the hymn of the Fratres Arvales we can ourselves judge, for it has been accidentally preserved to our days, and the meaning of nearly half of it is only to be guessed at. This agrees with what Polybius says of the language of the treaty between Rome and Carthage, concluded in the first year of the commonwealth; it was so unlike the Latin of his own time, the end of the sixth and beginning of the seventh century of Rome, that even those who understood it best found some things in it which with their best attention they could scarcely explain. Thus, although verses were undoubtedly made and sung in the times of the kings, at funerals and at feasts, in commemoration of the worthy deeds of the noblest of the Romans and although some of the actual stories of the kings may perhaps have come down from this source, yet it does not appear that they were ever written; and thus they were altered from one generation to another, nor can any one tell at what time they attained to their present shape. Traces of a period much later than that of the kings may be discerned in them; and we see no reason to differ from the opinion of Niebuhr,c who thinks that as we now have them they are not earlier than the restoration of the city after the invasion of the Gauls.

If this be so, there rests a veil not to be removed, not only on the particular history of the early Romans, but on that which we should much more desire to know- and which in the case of the Greeks stands out in such full light the nature and power of their genius, what they thought, what they hated, and what they loved.

L Barker

ROMAN WRITING IMPLEMENTS

(In the British Museum)

THE next task of the Romans was to regain the old position of Servius Tullius in Latium. Aided by the pressure constantly brought to bear on the Latins by the Volscians, the Romans also succeeded, in the year 493, in renewing with the former people their earlier alliance - an alliance based on perfect equality and reciprocity. Highly important, moreover, from a military point of view was the treaty concluded in 486 between the Romans and the Latins on the one side and the Hernicans on the other.

About this time began the lingering feuds between the Romans and their allies and the neighbouring populations on the line that reached from the Etruscan cities Veii and Fidenæ, through the country of the Sabines and the Equians to the scattered colonies of the Volscians on the southern borders of Latium. These conflicts rarely bore the character of actual warfare, being confined for the most part to carrying on or repelling burning and marauding expeditions. Yet there was no lack, especially with the Etruscans, of more serious engagements which, as we shall see, had great influence in determining the future of Italy and the Romans. Meanwhile these struggles served the Romans as an excellent school of war; but their political importance was not nearly so great as that of the internal conflicts that marked the development of republican Rome.

The conditions in Rome after the expulsion of the Tarquins were similar to those which prevailed in Greece under what was called the Eupatridian rule. The supreme power which was formerly vested in the king, now passed into the hands of a magisterial body whose members were to be appointed by vote. These republican officials, now commonly called consuls, were then given the title of prætors; a title that since the time of the decemvirs fell into disuse as designating the head of the state, but was later applied to the incumbents of a newly created office. The weight of the high civil, military, and judicial authority that passed from the hands of the king into those of the head of the republic, became considerably lessened by the action of causes that were, from their very nature, bound to make themselves more and more strongly felt. From the beginning of the republic, the Romans always placed two consuls at the head in order that the actions of the one might be under the restraining influence of the other's veto. The term of the highest office was never longer than one year. At the expiration of the year the consul returned to the class of citizens to which he belonged, but could at any time be called to account for his official acts.

[1 It must be remembered, however, that formerly Rome had been a member of the Latin league; while the treaty of 493 was ratified by Rome on the one side and the Latin league on the other.]

[510 B.C.] This system of one-year tenure of office was later found to have grave defects: but so much a part was it of the patrician as well as the democratic republicanism of that day that it never occurred to any one to change it. To the eminently practical Roman mind, however, the disadvantages connected with a yearly change of officials must have been apparent in many ways. As the life of Rome developed in fulness and freedom, the "scribes," those lower officials who were permanently appointed to their posts, came to be of great importance in the actual conduct of public affairs. In time of war when naturally every head of the republic did not show equal qualifications for military leadership, the command of the army was given to some experienced general who was specially appointed by the proper authorities. When a consul was confronted by great and unexpected difficulties, he was empowered by the senate to appoint the best man of the state as dictator, and this dictator was in his turn to select as his assistant a master of horse magister equitum. The dictatorship, which was for the term of but six months, had control over all minor offices, and as the dictator could not be held accountable, and as there was no appeal from his decisions, the patricians frequently had recourse, during the course of internal struggles, to the appointment of one, in order effectually to quell the plebeian opposition.

The consuls were preceded by but twelve lictors bearing the axe and fasces, while to the dictators were given twenty-four, like the kings in earlier days. Owing to the constant increase in the volume of public affairs the consuls frequently appointed, for the performance of certain duties, deputies, whose term of office expired with their own. Associated with the consuls in the keeping of the state archives and treasure were the two quæstors, probably the same officials to whom was also entrusted the prosecution of criminals. Two commissioners were appointed by the consuls to judge cases of sedition and high treason; the consuls had further to select and instruct two private personages who were to decide all civil suits. The consuls had unlimited power to impose fines; and as punishment for disobedience to certain laws, notably those governing the recruiting service, could even pronounce sentence of death. In cases requiring corporal or capital punishment the consuls and their aids had jurisdiction in the first instance; but save in cases that came under martial law, delinquents whom they had condemned could after the foundation of the republic (by virtue of the Valerian law, 509 B.C.) appeal to the higher tribunal of the general assembly, this body having also, even before 451, entire jurisdiction in regard to heavy fines.

The most marked limitation of the consuls' power arose from the altered position of the senate towards them. According to formal law the senators stood in the same relation to the consuls as they did to the kings, being not above but under the head of the republic: who every four years, on the occasion of assessment for taxes, revised the list of senators and appointed new ones to fill whatever vacancies had occurred. Now, however, little by little, but ever more sensibly, began to be felt the enormous predominance held in all ages by any large aristocratic corporation whose members, all men of great political experience, have a life-long tenure of office, over functionaries who are appointed to their responsible positions for but the term of a single year. The senate represented the unity, and the firmly established traditions of Roman politics and rule. Not all the proud self-consciousness of a few powerful consuls could prevent the office as a whole from coming to be considered as merely the executive organ of the senate.

Since the foundation of the republic the people's assemblies had also assumed an entirely different character and position. The necessity felt by

[510 B.C.]

the governing power at the overthrow of the Tarquins, to make sure of the sympathy of the lower classes had brought the centuriate assembly-in which both patricians and plebeians were bound together for the rendering of important decisions-into great prominence. The function of this body extended to the election of consuls, to the ratification or rejection of measures proposed by the higher government, to the declaration of wars of aggression, and lastly to the exercise of jurisdiction in criminal cases where appeal, now the privilege of the plebeian as well as of the noblest patrician, was permitted from the sentence of the quæstors.

PLEBEIANS AND PATRICIANS

The plebeians were soon forced to see, however, that under the new order all the advantages of public life fell to the patricians. If this class had at that time so far risen above its prejudices as to take into its own circles the more nearly related plebeian families, to admit them to equal marriage rights, to rights in the senate, and to eligibility for the various public offices; and if it had further opened the state's domains to the mass of plebeians, and striven by a just apportionment of the land to found a new and more contented peasant order, there would be no need now to write the account of a hundred and fifty years' struggle between these two classes. But instead of doing these things the Roman patricians displayed the most tenacious selfishness and greed-qualities manifested, it is true, in equal degree by all their plebeian kindred.

In matters pertaining to legal marriage, as well as in higher affairs of state, religious superstition played a very prominent part. It remained for some decades the honest belief of the patricians that they alone had the right of holding communications with the gods or of taking correct auspices, maintaining further that any intermingling by marriage with plebeian blood would impair if not destroy this power of reading signs. According to them, auspices taken by plebeians, being of no value, always failed in their effect; hence there could be no question of appointing plebeians to offices which were so indissolubly connected with the taking of public auspices.

Thus it came about that not long after the foundation of the republic, the populus, i.e., the patrician body, and the plebeian stood arrayed against each other like two entirely unrelated races-between whom there cannot possibly be any unity of feeling or equality of rights. Through absorption of the Sabellian clan of Appius Claudius-who, at variance with his own people, had gone over to the side of the Romans and at the head of five thousand followers had settled on the opposite shore of the Anio-the patrician party was much the stronger and more numerous, and having alone the right to make appointments to civil office and to the priesthood, was the true guardian and promoter of the legal traditions and spiritual knowledge of the

state.

The election of consuls was by no means carried on by free vote; rather, it appears, a list of nominees was made out beforehand by the presiding consul and the senate, from which the voters must choose, having the right at most to reject the candidates offered without that of substituting others in their places. Should the majority of votes fall to an opposition candidate, however, the presiding consul was neither obliged to recognise the votes nor to proclaim the candidate elected. The curiate assembly of the patricians alone had the right to confer by the passage of a lex curiata de