so that in following the class struggles of Rome we are to note not so much the violence of the process as the fact that, so far as it went, it was relatively fortunate. And its success, again, is conceivably due to the fact, among others, that from an early period the region of the seven defensible hills was a refuge or centre for men breaking away from the other Italian communities, where conservatism held firm.
Behind the legend of the flocking of all manner of "broken men" to the standard of Romulus lies the probability that the ancient "asylum" behind the Capitol brought a variety of types to the place; and as in Athens so in Rome, such variety of stock might well raise the level of faculty. But it was a faculty for aggression. Given the initial federation of Romans and Sabines, the one general force of comity or cohesion, apart from the more public cults, is the bond of mere collective antagonism to other communities. The total polity is one of war; and never in the history of civilisation has that ground of comity long averted the economic process by which social inequality deepens and widens. It is thus entirely credible that, through this economic process, which we shall trace later, the early Roman polity came to a pass at which its conquest by Etruscan "kings" was welcomed by the plebs, sinking into poverty or held in outlawry under primitive "capitalistic" exploitation. There is no clear historic record of the process; but all the better evidence goes to prove its occurrence.[35]
The most plausible theory of the constitution ascribed to Servius Tullius is that it was imposed by Etruscan conquerors. The earlier Romans had been quasi-sacerdotally ruled by priest-kings of the primitive type, "kings of the sacrifice," whose religious powers were balanced by the secular interest of the patrician heads of families—themselves priests of their family cults. The "Servian" constitution put down the rex sacrificulus, divided the city into four tribes, and its territory into twenty-six districts, each under a headman or headmen. The city at the same time was in part new walled, and the seven hills united; while the mass of the free population were divided into five classes according to their property, and enrolled for military purposes in 193 "centuries." In the first and richest class were forty centuries of men above forty-six for the defence of the city, and forty of younger men for service in the field; while the second, third, and fourth classes were divided into twenty centuries each, and the fifth class into thirty. The poorest of all were grouped in a separate century, the "Proletarians," or "breeders," without military duties; and the trumpeters, armourers, and carpenters in four more. New assemblies, the comitia centuriata, were formed, in which all members of the centuries shared, the old comitia curiata being thus virtually superseded. The military organisation was made the basis of a fiscal one, in which the classes were taxed on the capital value of their property. As freedom from direct taxation was the mark of the ancient "free" communities in general, the whole arrangement seems to be one that only a conqueror could have imposed; and the tradition ran that Servius was regarded as the friend of the poor, who made his birthday an annual festival.
But plebeian distress was probably not the sole, perhaps not the primary, factor in the convulsion. All along, the process of inequality had gone on among plebeians and patricians alike, some of the former rising to wealth and some of the latter sinking to relative poverty. Thus arises in effect the struggle of a "middle class" to share the political and social privileges of the "upper"; and there is reason to think that the Etruscan conquest was furthered by rich plebeians as against the patricians. The new constitution was what the Greeks called a "timocracy," or "rule of property"; and though in respect of the comitia centuriata plebeians were admitted to the franchise, it was under such provisions as to voting that the richer classes easily held the balance of power.[36] At the same time the patricians retained the religious power of the old kings, as custodians of the ritual mysteries—a great source of dominion. Thus the crisis was only temporarily relieved, and the struggle was renewed again and again, both under and after the kings. We can broadly divine that the anti-patrician rule of the king, who would rely on the plebs, unified against him the patricians or "free" citizens, who sought to keep down the masses; while, on the other hand, the increasing outlaw plebs was unified by its sheer need.[37]
As to the rule of the kings, whether native or Etruscan, no exact knowledge is now possible. We can but trace some of their functions in certain constitutional forms. Thus the Senate, or Council of the Elders, appears to have been the council of the king, selected by him, but capable of nominating his successor.[38] Whatever were its original function, it became in time the supreme power in the State, growing alike in numbers and in power, overruling or eclipsing the comitia curiata, comitia centuriata, and other bodies in which the general mass, first of patrician citizens and later of enfranchised plebeians, were enrolled.[39] But it is not through the complicated archæology of the Roman constitution, latterly compiled with such an infinity of scholarly labour, that the nature of Roman evolution is really to be known. The technique of the system resulted from an endless process of compromise among social forces; and it is in the actual clash and play of those forces, as revealed in the simple records, that the human significance of it all is to be felt. In this way we substitute for a vague and false conception of unitary growth one of perpetual strife of classes, interests, and individualities.
In the doubtful transition period, as the tradition goes, it is in the time of discontented plebeian subjection, after the expulsion of the king (510 B.C.), that the Etruscan enemy captures the city (497); and the surmise that the battle of Lake Regillus was not really a Roman victory[40] is partly strengthened by the fact that soon after it there occur the division into twenty-five tribes, the tumults of the nexi, and the successful Secession of the Plebs, ending in their incorporation, with two tribunes to represent their interests (494). There is a clear presumption that only from a weakened patriciate, forced to seek union, could the plebs have won their tribunate and enfranchisement. On the other hand, it is after victories over the Volscians that the consul Spurius Cassius, who had proposed to divide among landless men the land conquered from the Hernicans, is said to have been executed (485) by the triumphant aristocracy; and it is in another period of security, when the Veientines and Sabines are depressed (473), that the tribune Cneius Genucius is murdered for having ventured to bring a consular to trial. Always we are in presence of a brutal caste, in the main utterly selfish, some of whose members are at all times as prone to the use of the dagger as an Italian camorra of our own day. Yet it is by the forcing of concessions on this caste that the Roman polity is kept vigorous and adaptable in comparison with those of the surrounding States which Rome subordinated or overran.
While Rome thrives, a new project for popular law reform is defeated (462); and it is after Cincinnatus, according to the legend, barely saves the State (458) that the tribunes are raised from five to ten, and the land is divided among the poor (456); though at the same time decemvirs are appointed and the conservative Twelve (at first Ten) Tables are drawn up (451–450). Thus partially strengthened, the plebs are able soon to force the abdication of the decemvirate (449) by the old menace of their withdrawal; and for a time the commonalty sufficiently holds its own, getting (445) the right of marriage with patricians, and (444) the institution of military tribunes with consular power;[41] though fresh distribution of land is prevented, and the patricians learn to divide the tribunes against each other. Thus class dissension goes on till the Gauls capture the city (390), multitudes of the Romans flying to Veii. Then it is that the plebeian party, after the Gauls have gone, are willing to transfer the seat of government to Veii; and the threat would doubtless win them some concessions in the rebuilding of Rome. But population always blindly increases; and the cancer of poverty spreads, despite the chronic planting of colonies in subject territory. Manlius is executed for trying to relieve debtors; but some land is reluctantly distributed. New wars create new popular distress, and new colonies fail to relieve it. At length the Licinian laws, relieving debtors and limiting estates, are proposed (376), and after nine years of agitation are passed
