CHAPTER VIII
THE DISSENSIONS THAT ALWAYS EXISTED IN THE CITY

While Rome conquered the world, a secret war was going on within its walls. Its fires were like those of volcanoes which burst forth whenever some matter comes along to increase their activity.

After the expulsion of the kings, the government had become aristocratic. The patrician families alone [1] obtained all the magistracies, all the dignities, and consequently all military and civil honors [2].

To prevent the return of the kings, the patricians sought to intensify the feelings existing in the minds of the people. But they did more than they intended: by imbuing the people with hatred for kings, they gave them an immoderate desire for liberty. Since royal authority had passed entirely into the hands of the consuls, the people felt they lacked the liberty they were being asked to love. They therefore sought to reduce the consulate, to get plebeian magistrates, and to share the curule magistracies [a] with the nobles. The patricians were forced to grant everything they demanded, for in a city where poverty was public virtue, and where riches -- the secret road to the acquisition of power -- were scorned, birth and dignities could not confer great advantages. Thus, power had to return to the greatest number, and gradually the aristocracy had to change into a popular state.

Those who obey a king are less tormented by envy and jealousy than those who live under an hereditary aristocracy. The prince is so distant from his subjects that he is almost unseen by them. And he is so far above them that they can conceive of no relationship on his part capable of shocking them. But the nobles who govern are visible to all, and are not so elevated that odious comparisons are not constantly made. Therefore it has at all times been seen, and is still seen, that the people detest senators. Those republics where birth confers no part in the government are in this respect the most fortunate, for the people are less likely to envy an authority they give to whomever they wish and take back whenever they fancy.

Discontented with the patricians, the people withdrew to Mons Sacer [b]. Deputies were sent to appease them, and since they all promised to help each other in case the patricians did not keep their pledge [3] -- which would have caused constant seditions and disturbed all the operations of the magistrates -- it was judged better to create a magistracy that could prevent injustices from being done to plebeians [4]. But, due to a malady eternal in man, the plebeians, who had obtained tribunes to defend themselves, used them for attacking. Little by little they removed the prerogatives of the patricians -- which produced continual contention. The people were supported, or rather, animated by their tribunes; and the patricians were defended by the senate, which was almost completely composed of them, was more inclined to the old maxims, and was fearful that the populace would elevate some tribune to tyranny.

In their own behalf the people employed their strength and their voting superiority, their refusal to go to war, their threats to withdraw, the partiality of their laws, and, finally, their judgments against those who resisted them too staunchly. The senate defended itself by means of its wisdom, its justice, and the love of country it inspired; by its benefactions and a wise use of the republic's treasury; by the respect the people had for the glory of the leading families and the virtue of illustrious men [5]; by religion itself, the old institutions, and the skipping of assembly days on the pretext that the auspices had not been favorable; by clients; by the opposition of one tribune to another; by the creation of a dictator [6], the occupations of a new war, or misfortunes which united all interests; finally, by a paternal condescension in granting the people a part of their demands in order to make them abandon the rest, and by the constant maxim of preferring the preservation of the republic to the prerogatives of any order or of any magistracy whatsoever.

With the passage of time, the plebeians had so reduced the patricians that this distinction [7] among families became empty and all were elevated to honors indifferently. Then there arose new disputes between the common people, agitated by their tribunes, and the leading families, whether patrician or plebeian, who were called nobles and who had on their side the senate, which was composed of them. But since the old morals no longer existed, since individuals had immense riches, and since riches necessarily confer power, the nobles resisted with more force than had the patricians, and this was the cause of the death of the Gracchi and of several who worked for their scheme [8].

I must mention a magistracy that greatly contributed to upholding Rome's government -- that of the censors. They took the census of the people, and, what is more, since the strength of the republic consisted in discipline, austerity of morals, and the constant observance of certain customs, they corrected the abuses that the law had not foreseen, or that the ordinary magistrate could not punish [9]. There are bad examples which are worse than crimes, and more states have perished by the violation of their moral customs than by the violation of their laws. In Rome, everything that could introduce dangerous novelties, change the heart or mind of the citizen, and deprive the state -- if I dare use the term -- of perpetuity, all disorders, domestic or public, were reformed by the censors. They could evict from the senate whomever they wished, strip a knight of the horse the public maintained for him, and put a citizen in another tribe and even among those who supported the burdens of the city without participating in its privileges [10].

M. Livius stigmatized the people itself, and, of the thirty-five tribes, he placed thirty-four in the ranks of those who had no part in the privileges of the city [11]. "For," he said, "after condemning me you made me consul and censor. You must therefore have betrayed your trust either once, by inflicting a penalty on me, or twice, by making me consul and then censor."

M. Duronius, a tribune of the people, was driven from the senate by the censors because, during his magistracy, he had abrogated the law limiting expenses at banquets [12].

The censorship was a very wise institution. The censors could not take a magistracy from anyone, because that would have disturbed the exercise of public power [13], but they imposed the loss of order and rank, and deprived a citizen, so to speak, of his personal worth.

Servius Tullius had created the famous division by centuries, as Livy [14] and Dionysius of Halicarnassus [15] have so well explained to us. He had distributed one hundred and ninety-three centuries into six classes, and put the whole of the common people into the last century, which alone formed the sixth class. One sees that this disposition excluded the common people from the suffrage, not by right but in fact. Later it was ruled that the division by tribes would be followed in voting, except in certain cases. There were thirty-five tribes, each with a voice -- four in the city and thirty-one in the countryside. The leading citizens, all farmers, naturally entered the tribes of the countryside. Those of the city received the common people [16], which, enclosed there, had very little influence on affairs, and this was regarded as the salvation of the republic. And when Fabius relocated among the four city tribes the lower classes whom Appius Claudius had spread among all the tribes, he acquired the surname of Very Great [17] [c]. Every five years the censors took a look at the actual situation of the republic, and distributed the people among the different tribes in such a manner that the tribunes and the ambitious could not gain control of the voting, and the people themselves could not abuse their power.

The government of Rome was admirable. From its birth, abuses of power could always be corrected by its constitution, whether by means of the spirit of the people, the strength of the senate, or the authority of certain magistrates.

Carthage perished because it could not even endure the hand of its own Hannibal when abuses had to be cut away. Athens fell because its errors seemed so sweet to it that it did not wish to recover from them. And, among us, the republics of Italy, which boast of the perpetuity of their government, ought only to boast of the perpetuity of their abuses. Thus, they have no more liberty than Rome had in the time of the decemvirs [18].

The government of England is wiser, because a body [d] there continually examines it and continually examines itself. And such are its errors that they never last long and are often useful for the spirit of watchfulness they give the nation.

In a word, a free government -- that is, a government constantly subject to agitation -- cannot last if it is not capable of being corrected by its own laws.


Translator's Footnotes:
[a] Curule magistracies: those conferring the right of using the sella curulis or chair of state -- namely, those of the dictator, consuls, praetors, censors, and curule aediles. [back]
[b] Mons Sacer: a low range of hills about three miles from Rome, consecrated by the people to Jupiter after their secession. [back]
[c] In Latin, Maximus. [back]
[d] For Montesquieu's analysis of the English Parliament, see The Spirit of the Laws, XI, 6. [back]

Author's Footnotes:
[1] The patricians even had something of a sacred quality: they alone could take the auspices. See Appius Claudius' harangue in Livy, VI (40, 41). [back]
[2] For example, they alone could have a triumph, since only they could be consuls and command the armies. [back]
[3] Zonaras, II (VII, 15). [back]
[4] Origin of the tribunes of the people. [back]
[5] Loving glory and composed of men who had spent their lives at war, the people could not refuse their votes to a great man under whom they had fought. They obtained the right to elect plebeians, and elected patricians. They were forced to tie their own hands in establishing the rule that there would always be one plebeian consul. Thus, the plebeian families which first held office were then continually returned to it, and when the people elevated to honors some nobody like Varro or Marius, it was a kind of victory they won over themselves. [back]
[6] To defend themselves, the patricians were in the habit of creating a dictator -- which succeeded admirably well for them. But once the plebeians had obtained the power of being elected consuls, they could also be elected dictators -- which disconcerted the patricians. See in Livy, VIII (12), how Publius Philo reduced them during his dictatorship; he made three laws which were very prejudicial to them. [back]
[7] The patricians retained only some sacerdotal offices and the right to create a magistrate called interrex. [back]
[8] Like Saturninus and Glaucia. [back]
[9] We can see how they degraded those who had favored abandoning Italy after the battle of Cannae, those who had surrendered to Hannibal, and those who -- by a mischievous interpretation -- had broken their word to him. (Livy, XXIV, 18). [back]
[10] This was called: Aerarium aliquem facere, aut in Caeritum tabulas referre (to make someone a citizen of the lowest class, or to place him on the list of the [voteless] inhabitants of Caere). He was expelled from his century and no longer had the right to vote. [back]
[11] Livy, XXIX (37). [back]
[12] Valerius Maximus, II (9). [back]
[13] The dignity of senator was not a magistracy. [back]
[14] I (42, 43). [back]
[15] IV, art. 15 ff. [back]
[16] Called turba forensis (the rabble of the forum). [back]
[17] See Livy, IX (46). [back]
[18] Nor even more power. [back]

© Copyright 1998 Patrick Beherec (or original author)
Homepage: http://www.oocities.org /Athens/Olympus/9567/Index.html
This page hosted by Geopages. Get your own Free Home Page