FIRST PERIOD. (3)

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From the foundation of Rome to the conquest of Italy and the commencement of the wars with Carthage, B. C. 754—264, or A. U. C. 1—490.

Sources. The most copious author, and, if we except his system of deducing everything connected with Rome from Greece, the most critical of all those who have written on the earlier history of Rome and Italy, is Dionysius Halicarnassensis, in his ArchÆologia: of this work only the first eleven books, reaching down to the year 443, have been preserved; to these, however, must be added the fragments of the nine following books, xii—xx. discovered in 1816, and published by the Abbate Mai of Milan. Next to Dionysius is Livy, who as far as lib. iv, c. 18, is our main authority, till B. C. 292. Of the Lives of Plutarch the following belong to this period, Romulus, Numa, Coriolanus, Poplicola and Camillus; which for the knowledge and criticism they display, are perhaps more important even than Livy and Dionysius, see A. H. L. Heeren, De fontibus et auctoritate vitarum Plutarchi, inserted in Comment Recentiores Soc. Scient. Gott. Comment. I. II. GrÆci, III. IV. Romani; reprinted also as an appendix to the editions of Plutarch by Reiske and Hutten, Gottingen, 1821, ap. Dieterich. The sources of the most ancient Roman history were extremely various in kind. The traditions of the Fathers were preserved in historical ballads; (no mention is ever made of any grand epic poem;) and in this sense there existed a bardic history; by no means, however, wholly poetic, for even the traditions of Numa's Institutes are without the characteristics of poetry. The art of writing was in Italy of earlier origin than the city of Rome; how far, consequently, the public annals, such as the Libri Pontificum, extended back in early time remains undetermined. Several of the memorials are, beyond a doubt, mere family records, whether preserved by vocal tradition or in written documents. To the above must be added monuments, not only buildings and works of arts, but also treaties engraved on tables; of which, nevertheless, too little use seems to have been made. The Romans having learnt the art of writing from the Greeks, their history was as frequently written in Greek as in Latin; and that not only by Greeks, such as, in the first place, Diocles of Peparethus, but likewise by Romans, such as Fabius Pictor, at an early period. From these last sources Dionysius and Livy compiled. The more ancient Roman history given by these authorities rests, therefore, in part, but by no means entirely, on tradition and poetry; still further amplified by the rhetoric style, that of the Greeks more especially. At what epoch the Roman history lays aside the poetic character can hardly be determined with certainty; it may be traced even in some parts of the period extending from the expulsion of the kings to the conquest by the Gauls.—For the purposes of chronology, great importance attaches to the fasti Romani, contained partly in inscriptions, (fasti Capitolini,) partly in manuscripts. They have been collected and restored by Pighius, Noris Sigonius, etc. in GrÆvii, Thes. A. R. vol. xi.; likewise in Almeloveen, Fast. Rom. I. II. Amstel. 1705, etc.

Pighii Annales Romanorum. Antwerp, 1615, fol. 2 vols. An essay towards a chronological arrangement; it reaches down to Vitellius.

The Roman history has been copiously treated of by the moderns in many works besides those on universal ancient history before enumerated, (p. 2.). We shall mention only the more important.

Rollin, Histoire Romaine, Depuis la foundation de Rome jusqu' À la bataille d'Actium. 13 vols. 8vo. Paris, 1823, Édit. revue par Letronne. This history, which extends to B. C. 89, has been continued and terminated by Crevier. Although the critical historian might suggest much that is wanting in this work, it nevertheless contributed to advance the study.

Ed. Ferguson, The History of the Progress and Termination of the Roman Republic. London, 1783, 4to. On the whole, the best work on the history of the Roman republic; it has superceded the earlier work of Goldsmith.

P. Ch. Levesque, Histoire de la RÉpublique Romaine, 3 vols. Paris, 1807. He who would still wish to admire with blind enthusiasm the glory of ancient Rome, had better not read this work.

B. G. Niebuhr, Roman History.

Rather criticism than history; the author seems to be perpetually endeavouring to overthrow all that has hitherto been admitted. The spirit of acuteness is not always that of truth; and men do not so lightly assent to the existence of a constitution which not only is contrary to the broad view of antiquity—inferences drawn from some insulated passages not being sufficient to overturn what is corroborated by all the others—but likewise, according to the author's own avowal, stands opposed to all analogy in history. But truth gains even where criticism is wrong; and the value of some deep researches will not for that reason be overlooked.—Consult on this subject:

W. Wachsmuth, Researches into the more Ancient History of Rome. Halle, 1819.

C. F. Th. Lachmann, Commentatio de fontibus T. Livii in prima Historiarum Decade. GottingÆ, 1821. A prize essay.

For the works upon the Roman constitution see below, at the end of this and at the beginning of the third period.

Abundance of most important writings upon Roman antiquities will be found in the great collections:

GrÆvii Thesaurus Antiquitatum Romanarum. Lugd. Batav. 1694, sq. 12 vols. fol. and likewise in

Salengre, Thesaurus Antiquitatum Romanarum. Venet. 1732, 3 vols. fol.

Many excellent papers, particularly in

MÉmoires de l'AcadÉmie des Inscriptions.

With the exception of Nardini, Roma Vetus, inserted in GrÆvii Thes. A. R. t. iv. the best work on the topography of ancient Rome is

Venuti, Descrizione Topografica delle AntichitÀ di Roma. P. I. II. Roma, 1763; and especially the new edition of that work by Visconti, 1803. There is also:

S. H. L. Adler, Description of the city of Rome. Altona, 1781, 4to.

The best representation of the monuments of ancient Rome will be found in

Piranesi, AntichitÀ di Roma, 3 vols. fol.

General characteristic of Roman history.

1. In certain respects, the history of Rome is always that of one town, inasmuch as until the period of the CÆsars, the city continued mistress of her extensive territory. The main parts of the internal constitution of Rome were formed during this first period; which, considered in an historical point of view, can hardly be said to be void of interest. Whether every fundamental institution had its origin precisely at the epoch to which it is attributed, is a question of little importance; it is sufficient to observe, that they certainly arose in this period; and that the steps by which the constitution was developed are, upon the whole, determined beyond the possibility of a doubt.

Romans of Latin origin.

2. Exaggerated and embellished as the most ancient traditions of the Romans respecting their origin may be, they all agree in this, that the Romans belonged to the race of the Latini, and that their city was a colony of the neighbouring Alba Longa. Long before this the custom seems to have obtained with the Latini, of extending the cultivation of their country by colonies.

The primitive history of Rome is as difficult to reduce to pure historic truth as that of Athens, or any other city of antiquity; this proceeds from its being principally founded on traditions, handled by poets and rhetoricians, and likewise differing from one another; as may be seen in Plutarch's Romulus. As the knowledge of those traditions, such as they are found in Dionysius and Livy, attaches to so many other subjects, it would be improper to pass them over in silence; and that they contained truths as well as poetic fictions is proved most evidently by the political institutions of which they narrate the origin, and which certainly reached back to those times. To attempt to draw a line of demarcation between mythical and historic times would be to mistake the real nature of mythology.

L. de Beaufort, Sur l'incertitude des cinq premiers siÈcles de l'histoire Romaine, nouv. Éd. À la Haye, 1750, 2 vols. 8vo. Every thing that can be said against the credibility of the primitive Roman history has been developed by Beaufort with abundant, and often with laboured, acuteness.

Kings of Rome.

3. During the first two hundred and forty-five years subsequent to its foundation this city was under the rule of governors, denominated kings; these, however, were not hereditary, still less were they invested with unlimited power, although they exerted themselves to become both perpetual and absolute. On the contrary, in this period was framed a municipal constitution, demonstrative of the existence, even at this early date, of a considerable degree of political civilization; in its principal parts this constitution was, no doubt,—as in every colony,—copied from that of the mother city. Its principal features were: a. Establishment and internal organization of the senate. b. Establishment and progress of the patrician or hereditary nobility, which, supported by the privilege of administering the sacred affairs, and by the introduction of family names, quickly formed, in opposition to the plebeians, a political party ever growing in power, although not, therefore, a mere sacerdotal caste. c. Organization of the people (populus), and modes of popular assembly (comitia), founded thereupon; besides the original division according to heads into tribus and curiÆ, another was subsequently introduced according to property into classes and centuriÆ, out of which, besides the more ancient comitia curiata, arose the very artificially constructed comitia centuriata. d. Religious institutions, (religiones,) which being most closely connected with the political constitution, formed a state religion, by means of which everything in the state was attached to determined forms, and received a higher sanction. Nor must we omit e. the relations in private life established by law, the clientship, marriage, and especially paternal authority. In consequence of those domestic relations, a spirit of subordination and discipline, from the earliest times, pervaded the people; and to that spirit the Romans were indebted for the glory to which they attained.

Destruction of Alba Longa.

4. Notwithstanding many little wars with their immediate neighbours the Sabines, Æqui, and Volsci, together with various cities of the Etrusci, and even with the Latins themselves, Rome added but little to her territory: nevertheless she took the first step towards her aggrandizement; from the time of the destruction of Alba Longa, she aimed at being the head of the collected cities of the Latins, and finally attained the object of her ambition.

Line of kings. Romulus, 754—717. First establishment of the colony; augmentation in the number of the citizens, produced by the establishment of an asylum, and an union with part of the Sabines. Numa Pompilius, d. 679. By representing this prince as the founder of the religion of the Roman state, that religion received the high sanction of antiquity. Tullus Hostilius, d. 640. The conquest and destruction of Alba lays the foundation of Roman supremacy in Latium. Ancus Martius, d. 618. He extends the territory of Rome to the sea; the foundation of the port of Ostia proves that Rome already applied to navigation, the object of which was perhaps as yet rather piracy than trade. Tarquinius Priscus, d. 578. A Grecian by descent. Under his conduct Rome was already able to enter the field against the confederate Etrusci. Servius Tullius, d. 534. The most remarkable in the line of Roman kings. He placed Rome at the head of the confederacy of the Latins, which he confirmed by communia sacra. On his new division of the people according to property were raised the highly important institutions of the census and comitia centuriata. The necessity of this measure is demonstrative of the great and increasing prosperity of the Roman citizens; there can be no doubt, however, that by its adoption the frame of the republic was already completed. Tarquinius Superbus, (the tyrant,)—509. This individual, having taken forcible possession of the throne as nephew to Priscus, endeavoured to confirm his power by a close connection with the Latins and Volsci; by this, as well as by his tyranny, he offended both the patrician and plebeian parties. His deposition, and the consequent reformation of the government, were however, properly speaking, brought about by the ambition of the patricians.

Algarotti, Saggio sopra la durata de' regni de' rÈ di Roma. (Op. t. iii.) Chronological doubts. Can the raising of difficulties deserve the name of criticism?

Consular government, B. C. 509.

5. The only direct consequence to the internal constitution of Rome, proceeding from the abolition of royalty was, that that power, undetermined as it had been while in the hands of the kings, was transferred to two consuls, annually elected. Meanwhile the struggle for liberty, in which the new republic was engaged with the Etrusci and Latins, contributed much to arouse the republican spirit which henceforward was the main feature of the Roman character—the evils of popular 498. rule being in times of need remedied by the establishment of the dictatorship. The party, however, which had deposed the ruling family, took wholly into their own hands the helm of state; and the oppression of these aristocrats, shown principally towards their debtors, who had become their slaves, (nexi,)—notwithstanding 507. the lex de provocatione established by Valerius Poplicola, ensuring to the people the highest judicial power—was so galling, that after the lapse of a few years it gave rise to a sedition of the commons, (plebis,) the consequence of which was the establishment of annually elected presidents of the people 493.(tribuni plebis).

First commercial treaty with Carthage, 508, in which Rome appears certainly as a free state, but not yet as sovereign of all Latium; the most important monument of the authenticity of the earlier Roman history.

Heyne, Foedera Carthaginiensium cum Romanis super navigatione et mercatura facta: contained in his Opusc. t. iii. Cf. † A. H. L. Heeren, Ideas, etc. Appendix to the second vol.

Rise of the Roman constitution.

6. The further development of the Roman constitution in this period, hinges almost wholly on the struggle between the new presidents of the commons and the hereditary nobility; the tribunes, instead of confining themselves to defend the people from the oppression of the nobles, soon began to act as aggressors, and in a short time so widely overstepped their power, that there remained no chance of putting an end to the struggle but by a complete equalization of rights. A long time elapsed ere this took place; the aristocracy finding a very powerful support both in the clientship and in the religion of the state, operating under the shape of auspices.

Main facts of the contest: 1. In the trial of Coriolanus the tribunes usurp the right of summoning some patricians before the tribunal of the people.—Hence arise the comitia tributa; that is to say, either mere assemblies of the commons, or assemblies so organized that the commons had the preponderance. This institution gave the tribunes a share in the legislation, subsequently of such high importance, those officers being allowed to lay proposals before the commons. 2. More equitable distribution among the poorer classes of the lands conquered from the neighbouring nations, (the most ancient leges agrariÆ,) suggested by the ambitious attempts of Cassius, 486. 3. Extension of the prerogatives of the comitia tributa, more especially in the election of the tribunes, brought about by Volero, 472. 4. Attempts at a legal limitation of the consular power by Terentillus, (lex Terentilla,) 460, which, after a long struggle, at last leads to the idea of one common written code, 452, which is likewise realized in spite of the opposition at first made by the patricians.

Chr. F. Schulze, Struggle between the Democracy and Aristocracy of Rome, or History of the Romans from the Expulsion of Tarquin to the Election of the first Plebeian Consul. Altenburgh, 1802, 8vo. A most satisfactory development of this portion of Roman history.

Code of the twelve tables.

7. The code of the twelve tables confirmed the ancient institutions, and was in part completed by the adoption of the laws of the Greek republics, among which Athens in particular is mentioned, whose counsels were requested by a special deputation. In this, however, two faults were committed; not only were the commissioners charged with drawing up the laws elected from the patricians alone, but they were likewise constituted sole magistrates, with dictatorial power, (sine provocatione;) whereby a path was opened to them for an usurpation, which could be frustrated only by a sedition of the people.

Duration of the power of the Decemviri, 451—447. The doubts raised as to the deputation sent to Athens are not sufficient to invalidate the authenticity of an event so circumstantially detailed. Athens, under Pericles, was then at the head of Greece; and, admitting the proposed design of consulting the Greek laws, it was impossible that Athens should have been passed over. And indeed, why should it be supposed, that a state which fifty years before had signed a commercial treaty with Carthage, and could not be unacquainted with the Grecian colonies in Lower Italy, might not have sent an embassy into Greece?

The yet remaining fragments of the code of the twelve tables are collected and illustrated in Bachii Hist. JurisprudentiÆ RomanÆ; and in several other works.

Its enactments.

8. By the laws of the twelve tables the legal relations of the citizens were the same for all; but as that code seems to have contained very little in reference to any peculiar constitution of the state, the government not only remained in the hands of the aristocrats, who were in possession of all offices, but the prohibition, according to the new laws of marriage between patricians and plebeians, appeared to have raised an insurmountable barrier between the two classes. No wonder, then, that the tribunes of the people should have immediately renewed their attacks on the patricians; particularly as the power of those popular leaders was not only renewed, but even augmented, as the only limit to their authority was the necessity of their being unanimous in their acts, while each had the right of a negative.

Besides the other laws made in favour of the people at the renewal of the tribunicia potestas, 446, that which imported ut quod tributim plebes jussisset, populum teneret, frequently renewed in subsequent times, and meaning, in modern language, that the citizens constituted themselves, must, it would appear, have thrown the supreme power into the hands of the people; did not the Roman history, like that of other free states, afford examples enough of the little authority there is to infer from the enactment of a law that it will be practically enforced.

Dissensions between patricians and plebeians.

9. The main subjects of the new dissensions between patricians and plebeians, excited by the tribune Canuleius, were now the connubia patrum cum plebe, and the exclusive participation of the patricians in the consulship, of which the tribunes demanded the abolition. The repeal of the former law was obtained as early as 445, (lex Canuleia;) the right of admission to the consulship was not extended to the Plebeians, till after a struggle annually renewed for eighty years; during which, when, as usually was the case, the tribunes forbade the military enrolment, recourse was had to a transfer of the consular power to the yearly elected commanders of the legions; a place to which plebeians were entitled to aspire, (tribuni militum consulari potestate.)—Establishment of the Censors. office of CENSORS, designed at first for nothing more than to regulate the taking of the census, and invested with no higher authority than what that required, but who soon after, by assuming to themselves the censura morum, took rank among the most important dignitaries of the state.

Petty wars.

10. Meanwhile Rome was engaged in wars, insignificant but almost uninterrupted, arising out of the oppression, either real or imaginary, which she exercised as head of the neighbouring federate cities, (socii,) comprising not only those of the Latins, but likewise, after the victory of lake Regillus, those of the other nations: the cities embraced every opportunity of asserting their independence, and the consequent struggles must have depopulated Rome, had not that evil been diverted by the maxim of increasing the complement of citizens by admitting the freedmen, and not unfrequently even the conquered, to the enjoyment of civic privileges. Little as these feuds, abstractedly considered, deserve our attention, they become of high interest, inasmuch as they were not only the means by which the nation was trained to war, but also led to the foundation of that senatorial power, whose important consequences will be exhibited hereafter.

Among these wars attention must be directed to the last, that against Veii, the richest city in Etruria; the siege of that place, which lasted very nearly ten years, 404—395, gave rise to the introduction among the Roman military of winter campaigning, and of pay; thus, on the one hand, the prosecution of wars more distant and protracted became possible, while on the other the consequences must have been the levy of higher taxes, (tributa).

Rome burnt by the Gauls.

11. Not long after, however, a tempest from the north had nearly destroyed Rome. The Sennonian Gauls, pressed out of northern Italy through Etruria, possessed themselves of the city, the capitol excepted, and reduced it to ashes; an event which made so deep an impression on the minds of the Romans, that few other occurrences in their history have been more frequently the object of traditional detail. Camillus, then the deliverer of Rome, and in every respect one of the chief heroes of that period, laid a double claim to the gratitude of his native city, by overruling, after his victory, the proposal of a general migration to Veii.

Feuds revived.

12. Scarcely was Rome rebuilt ere the ancient feuds revived, springing out of the poverty of the citizens, produced by an increase of taxation consequent on the establishment of military pay, and by the introduction of gross usury. The tribunes, Sextius and Licinius, by prolonging their term of office to five years, had established their power; while Licinius, by an agrarian law, decreeing that no individual should hold more than five hundred jugera of the national lands, had ensured the popular favour; so that at last they succeeded in A consul chosen from the commons. obtaining, that one of the consuls should be chosen from the commons; and although the nobility, by the nomination of a prÆtor from their own body, and of Ædiles curules, endeavoured to compensate for the sacrifice they were obliged to make, yet the plebeians having once made good a claim to the consulship, their participation in the other magisterial offices, (the dictatorship, 353, the censorship, 348, the prÆtorship, 334,) and even the priesthood, (300,) quickly followed as a matter of course. Thus at Rome the object of political equality between commons and nobles was attained; and although the difference between the patrician and plebeian families still subsisted, they soon ceased to form political parties.

A second commercial treaty entered into with Carthage, 345, demonstrates that even at this time the navy of the Romans was anything but contemptible; although its principal object as yet was mere piracy. Roman squadrons of war however appear more than once within the next forty years.

Samnite war.

13. Far more important than any wars in which Rome had hitherto been engaged, were those soon about to commence with the Samnites. In former contests the object of Rome had been to establish her supremacy over her immediate neighbours; but in these, during a protracted contest of fifty years, she opened a way to the subjugation of Italy, and laid the foundation of her future greatness.

Commencement of the wars against the Samnites, the Campanians having called the Romans to their assistance against that nation, 343. These wars, carried on with vigorous exertion and various success, lasted, with but short intermissions, till 290. This is the true heroic age of Rome, ennobled by the patriotic valour of Decius Mus, (father and son, both voluntary victims,) Papirius Cursor, Q. Fabius Maximus, etc. The consequences of this struggle were: a. The Romans learnt the art of mountain warfare, and thereby for the first time acquired a peculiar system of military tactics; not, however, till they had been, 321, obliged to pass under the furcas Caudinas. b. Their relations were more firmly established with their neighbours the Latins and Etrurians, by the complete conquest of the former, 340, and by repeated victories over the latter, more especially in 308. c. Great national federations having arisen in Italy, particularly during the last period of the Samnite wars, the Romans entered into connection with the more distant nations of the country; with the Lucanians and Apulians, by the first league, 323, with the Umbri, from the year 308; and although the nature of this connection frequently varied, the different nations were perpetually struggling for independence, and were consequently at enmity with Rome. In this period, moreover, commenced the practical illustration of the leading ideas of Rome upon the political relations in which she placed the conquered with regard to herself.

War against the Tarentines, who are assisted by Pyrrhus.

14. After the subjection of the Samnites, Rome, wishing to confirm her dominion in Lower Italy, was thereby, for the first time, entangled in war with a foreign prince; the Tarentines, too feeble to maintain alone their footing against the Romans, called Pyrrhus of Epirus to their assistance. He came, indeed, but not so much to further the views of the Tarentines as to advance his own; but even in victory, he learnt by experience that the Macedonian tactics gave him but a slight preponderance, which the Romans soon transferred to their own side, exhibiting the truth of the principle, that a good civic militia, sooner or later, will always get the upper hand of mercenary troops.

The idea of calling upon Pyrrhus for assistance was the more natural, as the predecessor of that prince, Alexander I. (see above p. 275.) had endeavoured, but without success, to effect conquests in Lower Italy. In the first war with Pyrrhus, 280—278, two battles were fought, the first at Pandosia, 280, the other at Asculum, 279; in both of which Rome was unsuccessful. But Pyrrhus, after crossing over into Sicily, 278, (see above, p. 173, 174.) once more returned into Italy, 275, when he was defeated by the Romans at Beneventum, and compelled to evacuate Italy, leaving a garrison at Tarentum. That city, however, soon afterwards, 272, fell into the hands of the Romans, whose dominion was consequently extended to the extremity of Lower Italy.

Roman colonies.

15. The chief means to which, even from the earliest times, the Romans had recourse for the foundation of their dominion over the conquered, and at the same time for the prevention of the too great increase of the needy classes at Rome, was the establishment of colonies of their own citizens, which, being settled in the captured cities, served likewise as garrisons. Each colony had its own distinct internal constitution, modelled, for the most part, upon that of the mother city itself; hence to keep the colonies in perfect dependence naturally became an object of Roman policy. This colonial system of the Romans, necessarily and spontaneously arising out of the rude custom of bereaving the conquered of their lands and liberty, assumed its main features in the Samnite war, and gradually embraced the whole of Italy. Closely connected with this system was the construction of military highways, (viÆ militares,) one of which, the Appian Way, was constructed so early as 312, and to this day remains a lasting monument of the greatness of Rome at that period.

Even at the time of Hannibal's invasion, the number of Roman colonies amounted to 53: but several which had been settled returned to the mother city.

Heyne, De Romanorum prudentia in coloniis regendis: inserted in Opusc. vol. iii. Cf. Prolusiones de veterum coloniarum jure ejusque causis, in his Opusc. vol. i.

Relations between Rome and the Italian nations.

16. But the relations existing between Rome and the Italian nations were extremely various in kind. 1. A few cities and nations enjoyed the full privileges of Roman citizenship; in some instances, however, without the right of voting in the comitia (municipia). 2. The privileges of the colonies (jus coloniarum) were of a more restricted nature; the colonists were indeed in possession of their own civic government, but had no further share whatever either in the comitia or magistracies of Rome. The other inhabitants of Italy were either federates (socii, foedere juncti) or subjects (dedititii). The first (a) preserved their internal form of government; but on the other hand (b) were obliged to furnish tribute and auxiliary troops (tributis et armis juvare rempublicam). Their further relation with Rome depended upon the terms of the league. The most advantageous of these terms were 3. in favour of the Latins, although each of their cities had its own separate league (jus Latii;) as 4. the rest of the Italian nations had their jus Italicum. On the other hand, 5. the subjects, dedititii, were deprived of their internal constitutions, and were governed by Roman magistrates, (prÆfecti,) annually renewed.

C. Sigonius, De antiquo jure civium Romanorum; and his treatise De antiquo jure ItaliÆ, inserted both in his Opera and in GrÆvii Thes. Ant. Rom. t. ii. contain the most learned researches on the details of these relations.

The Roman constitution a democracy.

17. The internal constitution of Rome itself, now completed, bore the character of a democracy, inasmuch as equality of rights existed both for nobles and commons. Yet this democracy was modified by expedients so various and wonderful—the rights of the people, of the senate, of the magistrates, fitted so nicely into each other, and were so firmly supported by the national religion, connecting every thing with determinate forms—that there was no reason, at that time, to fear the evils either of anarchy, or, what is much more astonishing when we consider the warlike character of the people, those of military despotism.

The rights of the people consisted in the legislative power, so far as fundamental national principles were concerned, and in the election of the magistrates. The distinction between the comitia tributa (as independent of the senate) and the comitia centuriata (as dependent on the senate) still existed as to form, but had lost all its importance, the difference between patricians and plebeians being now merely nominal, and the establishment of the tribus urbanÆ, 303, excluding the too great influence of the people (forensis factio) upon the comitia tributa. The rights of the senate consisted in administering and debating all transitory national affairs, whether foreign relations, (war and peace only excepted, in which the consent of the people was requisite,) financial concerns, or matters regarding domestic peace and security. But the manner in which the senate was supplied must have made it the first political body at that time in the world. The rights and rank of magistrates were founded on their greater or lesser auspicia, no public affair being entered upon except auspicato. Consequently he only who was in possession of the former could hold the highest civic and military power; (imperium civile et militare; suis auspiciis rem gerere;) as dictator, consul, prÆtor; such was not the case with those who had only the lesser auspicia. The union of civil and military power in the person of the same individual was not without its inconveniences, but military despotism was in some measure guarded against by the prohibition of any magistrate possessing military command within Rome itself. We must not dismiss this subject without observing, that as the Roman constitution arose merely out of practice, there never having been any completely written charter, we cannot expect that all the details should be clearly ascertained; to attempt, therefore, in default of such authority, to describe all the minutiÆ would be the surest way to fall into error.

Of the numerous works on the Roman constitution and on Roman antiquities, we shall mention:

De Beaufort, La RÉpublique Romaine, ou plan gÉnÉral de l'ancien gouvernement de Rome. La Haye, 1766, 2 vols. 4to. A most copious work, and one of the most solid in regard to the matters discussed; although it does not embrace the whole of the subject.

Histoire critique du gouvernement Romain; Paris, 1765. Containing some acute observations.

Du Gouvernement de la republique Romaine, par A. Ad. de Texier, 3 vols. 8vo. Hamburg, 1796. This contains many enquiries peculiar to the writer.

Some learned researches respecting the principal points of the Roman constitution, as Sigonius and Gruchius de comitiis Romanorum, Zamocius de Senatu Romano, etc. will be found collected in the first two vols, of GrÆvius, Antiq. Roman.

For the popular assemblies of the Romans, an antiquarian essay by Chr. Ferd. Schulze, Gotha, 1815, chiefly according to Niebuhr, may be consulted.

Among the numerous manuals of Roman antiquities, Nieuport, explicatio rituum Romanorum, ed. Gesner. Berol. 1743, promises at least as much as it performs. Of those which profess to treat of Roman antiquities in general, none have yet risen above mediocrity. Jurisprudence, however, has been much more successfully handled. We cite the two following excellent compendiums:

Bachii, Historia JurisprudentiÆ RomanÆ. Lips. 1754. 1796.

C. Hugo, Elements of the Roman Law; 7th edit. Berlin, 1820.


                                                                                                                                                                                                                                                                                                           

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