Rome was at first governed by kings, chosen by the people; their power was not absolute, but limited; their badges were the trabea or white robe adorned with stripes of purple, a golden crown and ivory sceptre; the curule chair and twelve lictors with the fasces, that is, carrying each a bundle of rods, with an axe in the middle of them. The regal government subsisted at Rome for two hundred and forty-three years, under seven kings—Romulus, Numa Pompilius, Tullus Hostilius, Ancus Marcius, Lucius Tarquinius Priscus, Servius Tullius, and Lucius Tarquinius Superbus, all of whom, except the last, may be said to have laid the foundation of Roman greatness by their good government. Tarquin being universally detested for his tyranny and cruelty, was expelled the city, with his wife and family, on account of the violence offered by his son Sextus to Lucretia, a noble lady, the wife of Collatinus. In the two hundred and forty-fourth year from the building of the city, they elected two magistrates, of equal authority, and gave them the name of consuls. They had the same badges as the kings, except the crown, and nearly the same power; in time of war they possessed supreme command, and usually drew lots to determine which should remain in Rome—they levied soldiers, nominated the greater part of the officers, and provided what was necessary for their support. In dangerous conjunctures, they were armed by the senate with absolute power, by the solemn decree that the consuls should take care the Republic receives no harm. In any serious tumult or sedition they called the Roman citizens to arms in these words, “Let those who wish to save the republic follow me”—by which they easily checked it. Although their authority was very much impaired, first by the tribunes of the people, and afterwards upon the establishment of the empire, yet they were still employed in consulting the senate, administering justice, managing public games and the like, and had the honor to characterize the year by their own names. To be a candidate for the consulship, it was requisite to be forty-three years of age: to have gone through the inferior offices of quÆstor, Ædile, and prÆtor—and to be present in a private station. The office of prÆtor was instituted partly because the consuls being often wholly taken up with foreign wars, found the want of some person to administer justice in the city; and partly because the nobility, having lost their appropriation of the consulship, were ambitious of obtaining some new honor in its room. He was attended in the city by two lictors, who went before him with the fasces, and six lictors without the city; he wore also, like the consuls, the toga pretexta, or white robe fringed with purple. The power of the prÆtor, in the administration of justice, was expressed in three words, do, dico, addico. By the word do, he expressed his power in giving the form of The censors were appointed to take an account of the number of the people, and the value of their fortunes, and superintend the public morals. They were usually chosen from the most respectable persons of consular dignity, at first only from among the Patricians, but afterwards likewise from the Plebeians. They had the same ensigns as the consuls, except the lictors, and were chosen every five years, but continued in office only a year and a half. When any of the senators or equites committed a dishonorable action, the censors could erase the name of the former from the list, and deprive the knight of his horse and ring; any other citizen, they degraded or deprived of all the privileges of a Roman citizen, except liberty. As the sentence of censors (Animadversio Censoria,) only affected a person's character, it was therefore properly called Ignominia. Yet even this was not unchangeable; the people or next censors might reverse it. In addition to the revision of morals, censors had the charge of paving the streets—making roads, bridges, and aqueducts—preventing private persons from occupying public property—and frequently of imposing taxes. A census was taken by these officers, every five years, of the number of the people, the amount of their fortunes, the number of slaves, &c. After this census had been taken, a sacrifice was made of a sow, a sheep, and a bull—hence called suove-taurilia. As this took place only every five years, that space of time was called a lustrum, because the sacrifice was a lustration offered for all the people; and therefore condere lustrum, means to finish the census. The title of censor was esteemed more honorable than that of consul, although attended by less power: no one could be elected a second time, and they who filled it were remarkable for leading an irreproachable life; so that it was considered the chief ornament of nobility to be sprung from a censorian family. They were at first five in number, but afterwards increased to ten; they had no external mark of dignity, except a kind of beadle, called viator, who went before them. The word veto, I forbid it, was at first the extent of their power; but it afterwards increased to such a degree, that under pretence of defending the rights of the people, they did almost whatever they pleased. If any one hurt a tribune in word or deed, he was held accursed, and his property confiscated. The ediles were so called from their care of the public buildings; they were either Plebeian or curule; the former, two in number, were appointed to be, as it were, the assistants of the tribunes of the commons, and to determine certain lesser causes committed to them; the latter, also two in number, were chosen from the Patricians and Plebeians, to exhibit certain public games. The quÆstors were officers elected by the people, to take care of the public revenues; there were at first only two of them, but two others were afterwards added to accompany the armies; and upon the conquest of all Italy, four more were created, who remained in the provinces. The principal charge of the city quÆstors was the care of the treasury; they received and expended the public money, and exacted the fines imposed by the people: they kept the military standards, entertained foreign ambassadors, and took charge of the funerals of those who were buried at the public expense. Commanders returning from war, before they could obtain a triumph, were obliged to take an oath before the quÆstors, that they had written to the senate a true account of the number of the enemy they had slain, and of the citizens who were missing. The quÆstorship was the first step of preferment to the other public offices, and to admission into the senate: its continuation was for but one year, and no one could be a candidate for it until he had completed his twenty-seventh year. Legati were those next in authority to the quÆstors, and appointed either by the senate or president of the province, who was then said to aliquem sibi legare. The office of the legati was very dignified and honorable. They acted as lieutenants or deputies in any business for which they were appointed, and were sometimes allowed the honor of lictors. The dictator was a magistrate invested with royal authority, created in perilous circumstances, in time of pestilence, sedition, or when the commonwealth was attacked by dangerous enemies. His power was supreme both in peace and war, and was even above the laws; he could raise and disband armies, and determine upon the life and fortune of Roman citizens, without consulting the senate or people; when he was appointed, all other magistrates resigned their offices except the tribunes of the commons. The dictator could continue in office only six months; but he usually resigned when he had effected the business for which he had been created. He was neither permitted to go out of Italy, nor ride on horseback, without the permission of the people; but the principal check against any abuse of power, was that he might be called to an account for his conduct, when he resigned his office. A master of horse was nominated by the dictator immediately after his creation, usually from those of consular or prÆtorian rank, whose office was to command the cavalry, and execute the orders of the dictator. The decemviri were ten men invested with supreme power, who were appointed to draw up a code of laws, all the other magistrates having first resigned their offices. They at first behaved with great moderation, and administered justice to the people every tenth day. Ten tables of laws were proposed by them, and ratified by the people at the comitia centuriata. The consuls and all the chief magistrates, except the censors and the tribunes of the people, were preceded in public by a certain number, according to their rank of office, called lictors, each bearing on his shoulders as the insignia of office, the fasces and securis, which were a bundle of rods, with an axe in the centre of one end; but the lictors in attendance on an inferior magistrate, carried the fasces only, without the axe, to denote that he was not possessed of the power of capital punishments. They opened a way through the crowd for the consul, saying words like these—“cedite, Consul venit,” or “date viam Consuli.” It was their duty also to inflict punishment on the condemned. |