I am skipping the early legendary history of Rome because I will cover that in another volume. I will note here briefly that, certain reforms were said to have been effected during the period of the monarchy by king Servius Tullius, to wit: most of the reforms credited to Servius extended voting rights to certain groups — in particular to Rome's citizen-commoners (known in the Republican era as plebs), minor landholders hitherto disqualified from voting by ancestry, status or ethnicity. The same reforms simultaneously defined the fiscal and military obligations of all Roman citizens.
Until the Servian reforms, the passing of laws and judgment was the prerogative of the comitia curiata (curiate assembly), made up from thirty curiae; Roman sources describe ten curiae for each of three aristocratic tribes or clans, each supposedly based on one of Rome's central hills, and claiming patrician status by virtue of their descent from Rome's founding families. These tribes comprised approximately 200 gentes (clans), each of which contributed one senator ("elder") to the Senate. The senate advised the king, devised laws in his name, and was held to represent the entire populus Romanus (Roman people); but it could only debate and discuss. Its decisions had no force unless approved by the comitia curiata. By the time of Servius, if not long before, the tribes of the comitia were a minority of the population, ruling a multitude with no effective voice in their own government. Roman tradition held that Servius formed a comitia centuriata of commoners to displace the comitia curiata as Rome's central legislative body. This required his development of the first Roman census, making Servius the first Roman censor. The institution of the census and the comitia centuriata are speculated as Servius' attempt to erode the civil and military power of the Roman aristocracy, and seek the direct support of his newly enfranchised citizenry in civil matters; if necessary, under arms.
The census grouped Rome's male citizen population in classes, according to status, wealth and age. Each class was subdivided into groups called centuriae (centuries), nominally of 100 men (Latin centum = 100) but in practice of variable number, further divided as seniores (men aged 46 – 60, of a suitable age to serve as "home guards" or city police) and iuniores (men aged 17 – 45, to serve as front-line troops when required). Adult male citizens were obliged, when called upon, to fulfill military service according to their means. A citizen's wealth and class would therefore have defined their position in the civil hierarchies, and up to a point, within the military; but despite its apparent military character, and its possible origins as the mustering of the citizenry-at-arms, the system would have primarily served to determine the voting qualifications and wealth of individual citizens for taxation purposes, and the weight of their vote — wars were occasional but taxation was a constant necessity.Though each century had voting rights, the wealthiest had the most centuries, and voted first. Those beneath them were convened only in the event of deadlock or indecision; the lowest class was unlikely to vote at all.
His servile birth-mythos, his populist leanings and his reorganisation of the vici appear to justify the Roman belief that he founded or reformed the Compitalia festivals (held to celebrate the Lares that watched over each local community), or allowed for the first time their attendance and service by non-citizens and slaves. Once in existence, the comitia centuriata could not be unmade, or its powers reduced: as Republican Rome's highest court of appeal, it had the capacity to overturn court decisions, and the Republican senate was constitutionally obliged to seek its approval. In time, the comitia centuriata legitimized the rise to power of a plebeian nobility, and plebeian consuls. Plutarch admires the Servian reforms for their imposition of good order in government, the military and public morality, and Servius himself as the wisest, most fortunate and best of all Rome's kings.
Just 15 years after the alleged exiling of the last king and the formation of the republic under senatorial/consular rule, in 494 BC, the city was at war, but the plebeian soldiers refused to fight, and instead went on strike. The patricians were desperate and thus they quickly agreed to the demands of the plebeians, that they be given the right to elect their own officials. These new officials, plebeian tribunes (tribuni plebis), and their two assistants, the plebeian aediles (aediles plebi), were elected by the plebeians (non-aristocrats that owned land) rather than by all of the People of Rome (plebeians, the patrician nobility, and the capite censi, landless commoners).
Obviously, the plebs were not going to accept an empty title and powerless official, but it was the peculiar nature of Roman beliefs that obliged them to come up with a rather unique manner of giving these new tribunes a form of real power. So the powers they gave to the tribunate were unique and unprecedented. The tribunes were sacrosanct, made sacred by virtue of their office; no one was allowed to touch them (without their permission, of course). Their sacrosanctity was enforced by a pledge, taken by the plebeians, to kill any person who interfered with a tribune during his term of office. No other powers were given to the tribune, so everything was derived from their sacrosanctity.
One obvious consequence of this sacrosanctity was the fact that it was considered a capital offense to harm a tribune, to disregard his veto, or to interfere with him in any way. If a magistrate, an assembly or the senate did not comply with the orders of a tribune, the tribune could “interpose the sacrosanctity of his person” (intercessio) to physically stop that particular action. Any resistance against the tribune was tantamount to a violation of his sacrosanctity, and thus was considered a capital offense.
Their lack of magisterial powers made them independent of all other magistrates, which also meant that no magistrate could veto a tribune. Tribunes, the only true representatives of the people, had the authority to enforce the right of provocatio ad populum, which was a theoretical guarantee of due process, and a precursor to the common law concept of habeas corpus. If a magistrate was threatening to take action against a citizen, that citizen could yell "ego te provoco!", which would appeal against the magistrate's decision to a tribune.
Time went by and more and more wars were fought, more and more territory acquired, but still Rome was “The City” and operated its government of an ever-expanding empire as if it were still, and only a city-state. And when the plebeians began to be severely reduced in numbers and financial security because of the endless wars, all the better for the oligarchy! The growing number of slaves and the influx of the poor swelled the population that was “outside” the political world, but very much affected by what the patricians did.
As wealth increased thanks to wars and plunder, nearly all of it going to the patricians, the main activity became vying for political position in order to acquire more and more wealth. The magistracy of the empire and the spoils of victory went to the senators, the consuls, the praetors, the quaestors, the censors and their wives. Only one standard decided the merit of a candidate or the innocence of a defendant in the courts: gold.
The government was in the hands of a few opulent families of the world of finance, supported by the military junta. These families knew how to protect their interests: they disguised them as national necessities. The preservation of Rome was identified with that of the ruling families. "The Roman people consisted of a small oligarchy of landowners, bankers, speculators, merchants, artisans, adventurers, and tatterdemalions, avid for pleasure, excitement, and sudden gain, proud, turbulent, corrupted by the life of the city, and placing their own interests ahead of even the most salutary reform . . ."
When you read Roman history carefully, read about the debates in the Senate, the laws passed, overturned, passed again, and on and on, you come to realize that the so-called “national honor of Rome was little more than the caprices or the indignation of the rulers of the moment, its political institutions no more than the cupidity of its dignitaries and the indolence of its masses, its history nothing more than a series of petty larcenies and more important crimes.
NEW MEN
Novus homo was the term in ancient Rome for a man who was the first in his family to serve in the Roman Senate or, more specifically, to be elected as consul. In the Early Republic, both Senate membership and the consulship were restricted to patricians. When plebeians gained the right to this office during the Conflict of the Orders, all newly elected plebeians were naturally novi homines. With time, novi homines became progressively rarer as some plebeian families became as entrenched in the Senate as their patrician colleagues. By the time of the First Punic War, it was already a sensation that novi homines were elected in two consecutive years (Gaius Fundanius Fundulus in 243 BC and Gaius Lutatius Catulus in 242 BC). In 63 BC, Cicero became the first novus homo in more than thirty years. The Roman figure most often cited as an exemplum is Gaius Marius, whose speech of self-justification was included in Sallust's Bellum Iugurthinum.
THE GRACCHI
And then the Gracchus brothers, grandsons of Scipio Africanus, the great hero who defeated Hannibal, appeared on the scene. The elder brother, Tiberius (162 BC-133 BC)was a veteran of the Spanish campaign before he was elected a tribune. His fortitude, his temperance, his humanity, his passion for justice drove him to work for Italy, for the people, and for liberty. He would not be stopped by intimidation or threats.
On Rogation Day, he addressed the people. A fragment of this speech, in which he evoked the misery and the helplessness of the people, the depopulation of Italy and the rapacity of the wealthy, has been preserved:
The wild beasts that roam over Italy have every one of them a cave or lair to lurk in; but the men who fight and die for Italy enjoy the common air and light, indeed, but nothing else; houseless and homeless they wander about with their wives and children. And it is with lying lips that their imperators exhort the soldiers in their battles to defend sepulchers and shrines from the enemy; for not a man of them as an hereditary altar, not one of all these many Romans an ancestral tomb, but they fight and die to support others in wealth and luxury and though they are styled masters of the world, they have not a single clod of earth that is their own.
Notice the mention of the thing that made the “rabble” rabble: they had no ancestors and that was the peculiar Roman religion I mentioned above, that prevented those who did not have an “ancestry” that could genealogically connect them to “the gods” from being Roman citizens.
The reaction of the optimates to Tiberius was typical of oligarchies in all times and places:
"The landowners in mourning dress appeared on the Forum in the most wretched and humble condition in order to move the people whom they despoiled so mercilessly to pity. But they had little confidence in this demonstration, and they hired assassins to kill Tiberius . . ."
Tiberius, nevertheless, proceeded with his reforms. One of his laws authorized the people to circulate freely on the roads and highways. Another stipulated that the treasure of Attala, who had made the Roman people his heir, would be distributed among the citizens. Other laws distributed lands, subsidized the cost of the first planting, decreased the length of military service, and reorganized the judiciary. Henceforth, no Roman citizen could own more than 750 acres of public land for himself and 375 for each of his sons. This law threatened the owners of the largest estates which was about all of the patricians.
In his speeches Tiberius declared that the will of the people was the supreme authority of the state. This was too much. On the day of his re-election to the tribunate, which would have enabled Tiberius to complete his reforms, Scipio Nasica, one of the richest of the landowners, pontifex maximus, and cousin to Tiberius assembled all of the wealthy Romans. Followed by an army of slaves and clients, they climbed to the Capitol. One of Tiberius' colleagues, a tribune, dealt him the first blow. Other assassins finished the job. His body was profaned and thrown into the Tiber.
Scipio Nasica had gathered the senators to Gracchus’ bloody death claiming that the tribune desired to become king of Rome. To commit the assassination Scipio Nasica covered his head with the hood of his pontifex maximus robe which possibly denoted the killing as a ritualized sacrifice for the good of Rome. After his assassination, Scipio would lead a witch hunt to eradicate any surviving members of Gracchus’ supporters.
After centuries of law and order (alleged in the histories, but not proven necessarily), in 133 BC, the Empire watched with stupefaction as the violence of a faction that had taken the law into its own hands not only went unpunished, but was admired – at least by all the other wealthy elite and they were, in fact, the ones in charge of writing and preserving history, so we have highly biased accounts.
Gaius Gracchus (152-121 BC), eight years younger than his brother, appeared to accept his death and to be unaware of the identities of his assassins. He was appointed quaestor of Sardinia and, against the wishes of the Senate, he did not disappear from view. He lived the life of his soldiers and looked after their interests. He liked long marches and took long, lonely swims in the sea, and he remained chaste.
He gave great pains to the study of eloquence, as wings upon which he might aspire to public business; and it was very apparent that he did not intend to pass his days in obscurity. When Vettius, a friend of his, was on his trial, he defended his cause, and the people were in an ecstasy, and transported with joy, finding him master of such eloquence that the other orators seemed like children in comparison, and jealousies and fears on the other hand began to be felt by the powerful citizens; and it was generally spoken of amongst them that they must hinder Caius from being made tribune.
…yet it is certain that he was borne rather by a sort of necessity than by any purpose of his own into public business. And Cicero, the orator, relates, that when he declined all such concerns, and would have lived privately, his brother appeared to him in a dream, and calling him by his name, said, "Why do you tarry, Caius? There is no escape; one life and one death is appointed for us both, to spend the one and to meet the other in the service of the people." …
he now at once came forward to ask for the tribuneship; in which, though he was universally opposed by all persons of distinction, yet there came such infinite numbers of people from all parts of Italy to vote for Caius, that lodgings for them could not be supplied in the city; and the Field being not large enough to contain the assembly, there were numbers who climbed upon the roofs and the tilings of the houses to use their voices in his favour. However, the nobility so far forced the people to their pleasure and disappointed Caius's hope, that he was not returned the first, as was expected, but the fourth tribune. But when he came to the execution of his office, it was seen presently who was really first tribune, as he was a better orator than any of his contemporaries, and the passion with which he still lamented his brother's death made him the bolder in speaking. He used on all occasions to remind the people of what had happened in that tumult, and laid before them the examples of their ancestors, how they declared war against the Faliscans, only for giving scurrilous language to one Genucius, a tribune of the people; and sentenced Caius Veturius to death, for refusing to give way in the forum to a tribune; "Whereas," said he, "these men did, in the presence of you all, murder Tiberius with clubs, and dragged the slaughtered body through the middle of the city, to be cast into the river. Even his friends, as many as could be taken, were put to death immediately, without any trial, notwithstanding that just and ancient custom, which has always been observed in our city, that whenever any one is accused of a capital crime, and does not make his personal appearance in court, a trumpeter is sent in the morning to his lodging, to summon him by sound of trumpet to appear; and before this ceremony is performed, the judges do not proceed to the vote; so cautious and reserved were our ancestors about business of life and death."
Of the laws which he now proposed, with the object of gratifying the people and abridging the power of the senate, the first was concerning the public lands, which were to be divided amongst the poor citizens; another was concerning the common soldiers, that they should be clothed at the public charge, without any diminution of their pay, and that none should be obliged to serve in the army who was not full seventeen years old; another gave the same right to all the Italians in general, of voting at elections, as was enjoyed by the citizens of Rome; a fourth related to the price of corn, which was to be sold at a lower rate than formerly to the poor; and a fifth regulated the courts of justice, greatly reducing the power of the senators. For hitherto, in all causes, senators only sat as judges, and were therefore much dreaded by the Roman knights and the people. But Caius joined three hundred ordinary citizens of equestrian rank with the senators, who were three hundred likewise in number, and ordained that the judicial authority should be equally invested in the six hundred. While he was arguing for the ratification of this law, his behaviour was observed to show in many respects unusual earnestness, and whereas other popular leaders had always hitherto, when speaking, turned their faces towards the senate-house, and the place called the comitium, he, on the contrary, was the first man that in his harangue to the people turned himself the other way, towards them, and continued after that time to do so. An insignificant movement and change of posture, yet it marked no small revolution in state affairs, the conversion, in a manner, of the whole government from an aristocracy to a democracy, his action intimating that public speakers should address themselves to the people, not the senate.
When the commonalty ratified this law, and gave him power to select those of the knights whom he approved of, to be judges, he was invested with a sort of a kingly power, and the senate itself submitted to receive his advice in matters of difficulty; nor did he advise anything that might derogate from the honour of that body. As, for example, his resolution about the corn which Fabius the propraetor sent from Spain, was very just and honourable; for he persuaded the senate to sell the corn, and return the money to the same provinces which had furnished them with it; and also that Fabius should be censured for rendering the Roman government odious and insupportable. This got him extraordinary respect and favour among the provinces. Besides all this, he proposed measures for the colonization of several cities, for making roads, and for building public granaries; of all which works he himself undertook the management and superintendence, and was never wanting to give necessary orders for the despatch of all these different and great undertakings; and that with such wonderful expedition and diligence, as if he had been but engaged upon one of them; insomuch that all persons, even those who hated or feared him, stood amazed to see what a capacity he had for effecting and completing all he undertook.
Rome would be the capital of a vast Italic nation. No longer would the Empire be founded on a municipal oligarchy allied with the corrupt merchants, but on rival classes working in partnership. The former centers of civilization and commerce, now destroyed or declined, would be restored, and the wealth and the multitudes that poured into Rome, threatening to choke the nerve-center of the Empire, would be distributed evenly throughout the different lands.
It was the historic task of Rome that Gaius had in mind, but he thought he could accomplish alone what it was to take generations to achieve. His grandiose ideas were too premature. His plan to accord the rights of a Roman citizen to all Italians pleased neither the nobility nor the little people.
The Senate decided that things had gone far enough. They brought out their biggest weapon: The SCU – Senatus consultum ultimum more properly senatus consultum de re publica defendenda ("Decree of the Senate on defending the Republic"). The form was usually consules darent operam ne quid detrimenti res publica caperet or videant consules ne res publica detrimenti capiat ("let the consuls see to it that the state suffer no harm"). It was first passed against Gaius Gracchus in 121 BC. The SCU effectively replaced the disused dictatorship, by removing limitations on the magistrates' powers to preserve the State. This act was loaded with implicit controversy since, due to its brevity, it did make its parameters clear: just how far-reaching were the powers given to the consul? Did those powers override normal protections and liberties of citizenship. These are the issues that came to a head during the Catilinarian Conspiracy, as we will see further on.
The senators, after some time, withdrew, and presently ordered that Opimius, the consul, should be invested with extraordinary power to protect the commonwealth and suppress all tyrants. This being decreed, he presently commanded the senators to arm themselves, and the Roman knights to be in readiness very early the next morning, and every one of them to be attended with two servants well armed Fulvius, on the other side, made his preparations and collected the populace. Caius at that time returning from the market-place, made a stop just before his father's statue, and fixing his eyes for some time upon it, remained in a deep contemplation; at length he sighed, shed tears, and departed. This made no small impression upon those who saw it, and they began to upbraid themselves that they should desert and betray so worthy a man as Caius. They therefore went directly to his house, remaining there as a guard about it all night…
Caius could not be persuaded to arm himself, but put on his gown, as if he had been going to the assembly of the people, only with this difference, that under it he had then a short dagger by his side. As he was going out, his wife came running to him at the gate, holding him with one hand, and with the other a young child of his. She bespoke him: "Alas, Caius, I do not now part with you to let you address the people either as a tribune or a lawgiver, nor as if you were going to some honourable war, when, though you might perhaps have encountered that fate which all must some time or other submit to, yet you had left me this mitigation of my sorrow, that my mourning was respected and honoured. You go now to expose your person to the murderers of Tiberius, unarmed indeed, and rightly so, choosing rather to suffer the worst of injuries than do the least yourself. But even your very death at this time will not be serviceable to the public good. Faction prevails; power and arms are now the only measures of justice. Had your brother fallen before Numantia, the enemy would have given back what then had remained of Tiberius; but such is my hard fate, that I probably must be an humble suppliant to the floods or the waves, that they would somewhere restore to me your relics; for since Tiberius was not spared, what trust can we place either on the laws, or in the Gods?" Licinia, thus bewailing, Caius, by degrees getting loose from her embraces, silently withdrew himself, being accompanied by his friends; she, endeavouring to catch him by the gown, fell prostrate upon the earth, lying there for some time speechless. Her servants took her up for dead, and conveyed her to her brother Crassus.
Fulvius, when the people were gathered together in a full body, by the advice of Caius sent his youngest son into the market-place, with a herald's rod in his hand. He, being a very handsome youth, and modestly addressing himself, with tears in his eyes and a becoming bashfulness, offered proposals of agreement to the consul and the whole senate.
The greatest part of the assembly were inclinable to accept of the proposals; but Opimius said, that it did not become them to send messengers and capitulate with the senate, but to surrender at discretion to the laws, like loyal citizens, and endeavour to merit their pardon by submission. He commanded the youth not to return, unless they would comply with these conditions.
Caius, as it is reported, was very forward to go and clear himself before the senate; but none of his friends consenting to it, Fulvius sent his son a second time to intercede for them, as before. But Opimius, who was resolved that a battle should ensue, caused the youth to be apprehended and committed into custody; and then with a company of his foot-soldiers and some Cretan archers set upon the party under Fulvius. These archers did such execution, and inflicted so many wounds, that a rout and flight quickly ensued. Fulvius fled into an obscure bathing-house; but shortly after being discovered, he and his eldest son were slain together.
Caius was not observed to use any violence against any one; but extremely disliking all these outrages, retired to Diana's temple. There he attempted to kill himself, but was hindered by his faithful friends, Pomponius and Licinius; they took his sword away from him, and were very urgent that he would endeavour to make his escape. It is reported that, falling upon his knee and lifting up his hands, he prayed the goddess that the Roman people, as a punishment for their ingratitude and treachery, might always remain in slavery. For as soon as a proclamation was made of a pardon, the greater part openly deserted him.
Caius, therefore, endeavoured now to make his escape, but was pursued so close by his enemies, as far as the wooden bridge, that from thence he narrowly escaped. There his two trusty friends begged of him to preserve his own person by flight, whilst they in the meantime would keep their post, and maintain the passage; neither could their enemies, until they were both slain, pass the bridge. Caius had no other companion in his flight but one Philocrates, a servant of his. As he ran along, everybody encouraged him, and wished him success, as standers-by may do to those who are engaged in a race, but nobody either lent him any assistance, or would furnish him with a horse, though he asked for one; for his enemies had gained ground, and got very near him. However, he had still time enough to hide himself in a little grove, consecrated to the Furies. In that place, his servant Philocrates having first slain him, presently afterwards killed himself also, and fell dead upon his master. Though some affirm it for a truth, that they were both taken alive by their enemies, and that Philocrates embraced his master so close, that they could not wound Caius until his servant was slain.
They say that when Caius's head was cut off, and carried away by one of his murderers, Septimuleius, Opimius's friend, met him, and forced it from him; because, before the battle began, they had made proclamation, that whoever should bring the head either of Caius or Fulvius, should, as a reward, receive its weight in gold. Septimuleius, therefore, having fixed Caius's head upon the top of his spear, came and presented it to Opimius. They presently brought the scales, and it was found to weigh above seventeen pounds. But in this affair, Septimuleius gave as great signs of his knavery as he had done before of his cruelty; for having taken out the brains, he had filled the skull with lead. There were others who brought the head of Fulvius, too, but, being mean, inconsiderable persons, were turned away without the promised reward. The bodies of these two persons, as well as of the rest who were slain, to the number of three thousand men, were all thrown into the river; their goods were confiscated, and their widows forbidden to put themselves into mourning. They dealt even more severely with Licinia, Caius's wife, and deprived her even of her jointure; and as in addition still to all their inhumanity, they barbarously murdered Fulvius's youngest son; his only crime being, not that he took up arms against them, or that he was present in the battle, but merely that he had come with articles of agreement; for this he was first imprisoned, then slain.
But that which angered the common people most was, that at this time, in memory of his success, Opimius built the Temple of Concord, as if he gloried and triumphed in the slaughter of so many citizens. Somebody in the night time, under the inscription of the temple added this verse:-
"Folly and Discord Concord's temple built."
Yet this Opimius, the first who, being consul, presumed to usurp the power of a dictator, condemning, without any trial, with three thousand other citizens, Caius Gracchus and Fulvius Flaccus, one of whom had triumphed and been consul, the other far excelled all his contemporaries in virtue and honour … the people; who, though humble, and affrighted at the time, did not fail before long to let everybody see what respect and veneration they had for the memory of the Gracchi. They ordered their statues to be made and set up in public view; they consecrated the places where they were slain, and thither brought the first-fruits of everything, according to the season of the year, to make their offerings. Many came likewise thither to their devotions, and daily worshipped there, as at the temple of the gods.
Sixteen centuries later, Machiavelli wrote that "men forget the death of their father more easily than the loss of their patrimony, and they hesitate less to harm a man who is loved than another who is feared."