The Evolution of States

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Title: The Evolution of States

Author: J. M. Robertson

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THE EVOLUTION OF STATES

AN INTRODUCTION TO ENGLISH POLITICS

BY THE SAME AUTHOR.

ESSAYS TOWARDS A CRITICAL METHOD.

NEW ESSAYS TOWARDS A CRITICAL METHOD.

WINNOWINGS FROM WORDSWORTH.

WALT WHITMAN: An Appreciation.

MONTAIGNE AND SHAKESPEARE. (Second Edition, with additional Essays on cognate subjects.)

BUCKLE AND HIS CRITICS: a Sociological Study.

THE SAXON AND THE CELT: a Sociological Study.

MODERN HUMANISTS: Essays on Carlyle, Mill, Emerson, Arnold, Ruskin, and Spencer. (Fourth Edition.)

THE FALLACY OF SAVING: a Study in Economics.

THE EIGHT HOURS QUESTION: a Study in Economics. (Second Edition.)

THE DYNAMICS OF RELIGION: an Essay in English Culture-History. By M.W. Wiseman.

A SHORT HISTORY OF FREETHOUGHT, Ancient and Modern. (Second Edition: 2 vols.)

PATRIOTISM AND EMPIRE. (Third Edition.)

STUDIES IN RELIGIOUS FALLACY.

WRECKING THE EMPIRE.

A SHORT HISTORY OF CHRISTIANITY.

CHRISTIANITY AND MYTHOLOGY. (Second Edition.)

CRITICISMS. 2 vols.

TENNYSON AND BROWNING AS TEACHERS.

ESSAYS IN ETHICS.

ESSAYS IN SOCIOLOGY. 2 vols.

LETTERS ON REASONING. (Second Edition.)

DID SHAKESPEARE WRITE TITUS ANDRONICUS?

PIONEER HUMANISTS: Essays on Machiavelli, Bacon, Hobbes, Spinoza, Shaftesbury, Mandeville, Gibbon, and Mary Wollstonecraft.

TRADE AND TARIFFS.

COURSES OF STUDY.

CHAMBERLAIN: A STUDY.

PAPERS FOR THE PEOPLE.

CHARLES BRADLAUGH. By Mrs. Bradlaugh Bonner. Part II. by J.M.R.

PAGAN CHRISTS: Studies in Comparative Hierology. (Second Edition, Revised and Expanded.)

THE MEANING OF LIBERALISM.

THE

EVOLUTION OF STATES

AN INTRODUCTION TO ENGLISH POLITICS

BY

J.M. ROBERTSON

London

:

WATTS & CO.,

17 JOHNSON'S COURT, FLEET STREET, E.C.

1912

The sociologist has three main quests—first, he must try to discover the conditions that determine mere aggregation and concourse. Secondly, he must try to discover the law that governs social choices—the law, that is, of the subjective process. Thirdly, he must try to discover also the law that governs the natural selection and the survival of choices—the law, that is, of the objective process.

—Professor Giddings.

CONTENTS

PREFACE

The following treatise is an expansion, under a new title, of one originally published (1900) under the name of An Introduction to English Politics. Several friendly reviewers of that work objected, not unjustly, that its title was something of a misnomer, or at least an imperfect indication of its contents. It had, as a matter of fact, originated remotely in a lecture delivered as preliminary to a course on Modern English Politicians (from Bolingbroke to Gladstone), the aim of the prefatory address being to trace in older politics, home and foreign, general laws which should partly serve as guides to modern cases, or at least as preparation for their scientific study; while the main course dealt with modern political problems as they have arisen in the careers and been handled by the measures of modern English statesmen. It was that opening exposition, developed into an essay, and published as a series of magazine articles, that had been further expanded into this treatise, by way of covering the ground more usefully; and the original name is therefore retained as a sub-title.

It is perhaps unnecessary to explain that the book makes no pretension to being a complete or systematic treatment of political history, or of political forms and theories. The object in view from the first has been, not the technical anatomy or documentary history of institutions, but the bringing into light of the ruling forces in all political life, ancient and modern alike. It seeks to help the reader to fulfil the precept of Montaigne: "Qu'il ne luy apprenne pas tant les histoires qu'à en juger."

Since it was first written, there has been so much fresh sociological study of history that I need not repeat the justification originally offered for my undertaking. Alike as to ancient and modern history, the effort of scholars is now more and more towards comprehension of historic causation in terms of determining conditions, the economic above all; so much so that I have profited somewhat in my revision from various recent works, and might with more leisure have done so more fully. Revised as it is, however, the book may serve to expound views of history which are still not generally accepted, and to call in question fallacious formulas which seem to me still unduly common.

On any view, much remains to be done before the statement of historic causation can reach scientific thoroughness; and it may well be that some of my theories will incur modification. All I claim for them is that they are made in the light of a study of the concrete process; and I am satisfied that fuller light is to be obtained only in that direction. In the end, doubtless, conflicts of historical interpretation will turn upon problems of psychology. A contemporary German expert of distinction, Prof. Lamprecht, in his able lectures on the problem What is History? (Eng. trans. 1905), lays it down that the main problem of every scientific history of mankind is the deducing from the history of the most important communities of men the evolution of the breadth of consciousness; and again that the full historical comprehension of a single change or of a single phenomenon, with their historical significance, can only be acquired from the most general principles; that is to say, from the application of the highest universal-historical categories. If I understand Prof. Lamprecht aright, he here means simply that we properly understand the motivation of men in the past in terms of our own psychosis, conceived as in touch only with their data. This seems to me substantially sound. But on the other hand I doubt the utility of his apparent purpose of explaining modern historic developments in terms of special psychic changes or movements in communities, considered as forces. That way seems to lie reversion to the old and vain device of explaining the course of nations in terms of their characters.

In any case, however, we have Prof. Lamprecht's avowal that It would be a study of great value to establish, by comparative work in universal history, what are the constantly recurring economic factors of each period which are so uniformly followed by the development of other higher intellectual values. That is as full a recognition of the economic factor as I am concerned to contend for, if it be understood that economic motives are on the one hand recognised as affecting social action in general, and on the other that varying forms of social machinery react variously on intellectual life. Upon such hypotheses the following inquiry proceeds; to such conclusions it leads.

Obviously all critical exposition, historical or other, is an attempt to influence the psychic processes of the reader, to make him feel this and think that; and in this sense any resulting change of conduct means the play of the psychic factor. But that is only another way of saying that the psychic factor is conditioned by material circumstances, by knowledge, and by ignorance. To insist on the perpetual social significance of all three is the general aim of this book.

September, 1912.

PART I

POLITICAL FORCES IN ANCIENT HISTORY

Chapter I

THE SUBJECT MATTER

§ 1

Politics, in its most general and fundamental character, is the strife of wills on the ground of social action. As international politics is the sum of the strifes and compromises of States, so home politics is the sum of the strifes and compromises of classes, interests, factions, sects, theorists, in all countries and in all ages. In studying it, then, we study the evolution of an aggregate, a quasi-organism, in terms of the clashing forces of its units and of their spontaneous combinations.

This may seem too obvious and simple a truth to need formal telling; and yet no truth is more often missed or set aside by writers who deal with political history. The past course of nations, when it is sought to be explained at all, is by two writers out of three accounted for by certain supposed qualities of character in the given nation as a whole, instead of by the specially conditioned play of forces common to all peoples.[1] For instance, M. Taine, in the preface to the first volume of his fascinating work, Les origines de la France contemporaine, goes about to justify his own political indifferentism by stating that in eighty years his country had thirteen times changed its constitution. "We, he says, have done this; and we have not yet found that which suits us."[2] It is here implied that a body of men collectively and concurrently seeking for a fixed constitution have failed, and that the failure is discreditable—that those who thus seek and fail have been badly employed. It is by implication denied that successive changes of a constitution may fitly be regarded as a process of growth and healthy adjustment of parts: the ideal of political health is assumed to be a state of fixity. Thus does indifferentism, naturally if not necessarily, miss the point of view from which itself is to be studied as one of the forces whose conflict the true historian ought to analyse.

There is no national we aiming collectively at a fixed and final constitution; nor are the successive constitutions of France as such more significant of failure or permanent harm than the successive changes in the professedly unchanged constitution of Great Britain, though the violent kinds of change are as such harmful. If M. Taine had but applied with rigour the logic he once before prescribed, soundly if wittily, for all problems alike, he could not have begun his history with that delusive abstraction of a one-minded community, failing to achieve their or its purpose. "Je n'en sais rien, he remarks with a shrug, over the protest of M. Royer-Collard that certain scientific reasoning will make Frenchmen revolutionary; est-ce qu'il y a des Français?"[3] In dead earnest he now assumes that France consists just of the single species Frenchmen, whose constitution-building is a corporate attempt to build a French house to live in; when all that is truly historical in his own book goes to show clearly enough that French constitutions, like all others, are products of ever-varying and conflicting passions and interests of sets of people in France who are Frenchmen merely when they happen to act in concert against other geographical groups. At no moment were all of the French people consenting parties to any one of the thirteen constitutions. Then there was no collective failure.

Of course M. Taine knew this well enough in his capacity of narrator; but as teacher he could not escape from the rut dug for his thought by his fatalism. He must needs make the synthetic abstraction of we, which excludes the political analysis essential to any practical explanation; and it inevitably followed that his generalisations were merely pseudo-biological, and not what is most wanted in history—sociological truth rooted in psychology and biology. In denuding himself alike of hopes and fears, M. Taine really gave the great illustration of the truth of his own penetrating comment on Mérimée,[4] that he who will be duped by nothing ends in being the dupe of his distrust. He will not be duped by this ideal or that; he will not care enough for any to have a strong wish to see it realised; and so he comes to be duped by the wish to disprove all, to work down all sociology to the plane of cynical pseudo-biology. The enthusiastic amateur can show it, can convict the critic of hearing only the devil's advocate in every moral process,[5] and of becoming at length the historic oracle of those, of all readers, who are most alien to his philosophy.

Such an outcome, in the work of such a critic, is vividly instructive. At worst, indeed, he has a positive value as the extremest reactionist against the merely partisan method of history, which is almost all we have had in England since the French Revolution, down to the other day. After M. Taine has passed, fools' paradises must needs fall in market value. But when the devil's advocate has made his round, we must still plough and eat, and the paradises must just be laid out for new sowing. The evil of theoretical extremes is not so much their falsehood as their irrelevance. If we are to instruct each other in conduct, it must be in terms of sympathies and antipathies; and if we are to profit by a study of politicians, who are among the most generally typical of men, and of politics, which is the expression of so much of life, we must go about it as humanists and not as fatalists.

§ 2

Humanity, however, will not suffice to save us from false philosophy if, as humanists, we seek to gain our polemical ends by M. Taine's didactic methods. He, naturally so much of an analyst, took to pseudo-synthesis when he wished with little labour to discredit certain popular aspirations. But pseudo-synthesis is the favourite expository process of many men with ardent aspirations, and of many writers who are friendly enough to the aspirations of their fellows. By pseudo-synthesis I mean that process, above exemplified, of cooking an intricate moral problem by setting up one or more imaginary entities, to whose volition or potency the result is attributed. It was the method of medieval science; and it is still popular among the experts as well as the amateurs of historical science. It was the ordinary expedient of Comte, in whose pages history becomes a Jonsonian masque of personified abstractions; and Buckle too often resorts to it. But hear a learned and judicious English Liberal, not to be suspected of doctrinary extravagance:—

As in time past Rome had sacrificed domestic freedom that she might be the mistress of others, so now [in the later Empire] to be universal she, the conqueror, had descended to the level of the conquered [in respect of Caracalla's edict giving to all subjects of the Empire the rights of Roman citizenship]. But the sacrifice had not wanted its reward. From her came the laws and the language that had overspread the world; at her feet the nations laid the offerings of their labour; she was the head of the Empire and of civilisation.[6]

The she of this passage I take to be as purely imaginary an entity as Phlogiston; and it is not easy to see how a method of explanation which in physical science is found worse than barren can give any edification in the study of history. To say nothing of the familiar explanation that Caracalla's sole motive in conferring the citizenship on the provincials was the desire to lay on them corresponding taxes,[7] the proposition has no footing in political actualities. Rome's self-abnegation that she might Romanise the world[8] expresses no fact in Roman volition, thought, or deed; it is not the mention of a sentiment which swayed men's action, but the attempt to reduce a medley of actions to the semblance of a joint volition. There was no Rome capable of self-abnegation and susceptible of reward. Why, then, should it be said? It is said either because the writer permits himself to fill in a perspective with a kind of pigment which he would not employ in his foreground, or because he is still too much under the sway of old methods when he is generalising conventional knowledge instead of analytically reaching new.[9] Either way the lapse is only too intelligible. And if an innovating expert, dealing with old facts, runs such risks, great must be those run by plain people when they seek to attain a generalised knowledge of facts which are the battle-ground of current ideals. Only by perpetual analysis can we hope partly to escape the snare of the pseudo-synthetic, the traps of rhetoric and exegetic fiction.

§ 3

The term pseudo-synthesis implies, of course, that there may be a true synthesis. What is necessary to such synthesis is that there shall have been a preliminary analysis; but a synthesis once justly made is the greatest of helps to new analyses. Now there is one such which may safely be brought to bear on the study of practical politics, because it is an axiom alike of inorganic physics and of biology, and a commonplace of human science, though seldom used as a means of historic generalisation. This is the simple principle that all energy divides ostensibly into forces of attraction and of repulsion.

[The principle thus stated should be compared with the theorem of Kant as to the correlative forces of sociability and unsociability (Idee zu einer allgemein Geschichte), and the important and luminous formula of Professor Giddings, that all sociological processes, properly so called, turn upon consciousness of kind (Principles of Sociology, 1896, 3rd ed. pp. 17-19, and Preface; and in earlier writings by Professor Giddings, there mentioned). The scientific value of that formula is obvious; but other ways of stating the case may still serve a purpose. The view in the text I find to have been partly anticipated by Shaftesbury, Essay on the Freedom of Wit and Humour, 1709, pt. iii, § 2 (Characteristics, ed. 1733, i, pp. 111-12), who is followed by Eusèbe Salverte, De la Civilisation depuis les premiers Temps historiques, 1813, p. 53. Shaftesbury even anticipates in part the formula of Professor Giddings in the passage: If anything be natural, in any Creature or any Kind, 'tis that which is preservative of the Kind itself, and in the sequel. As Professor Giddings traces (pref. to 3rd ed. p. x) the first suggestion of his consciousness of kind to Adam Smith's Theory of the Moral Sentiments, which is certainly in the line of descent from Shaftesbury, there may really be a causal connection.]

That principle obviously holds of the relations of men in society as it does of their muscular action and of their moral and intellectual life; and so fundamental is the fact that when we study human history in view of it, we find it more and more difficult to suppose that it will ever cease to hold. That is to say, it is almost impossible to conceive state of life in which the forces of attraction and repulsion shall not operate energetically in the moral and intellectual relations of human beings. From the primitive and the barbaric stages in which the sight of an alien moves the savage to such destructive rage as is seen in some dogs at the sight of others, or in which a difference of personal odour rouses a no less spontaneous repulsion—as in Chinese against Europeans, or in Europeans against Chinese[10]—down to the fierce battle in self-governing countries over every innovating law, or that strife of opinion in which these lines play their part, the clash of opposing tendencies is perpetual, ubiquitous, inevitable. And so difficult is it to conceive any cessation that at once many observers leap from the general principle to the particular conclusion that all the modes in which the action and reaction, the attractions and repulsions of individuals and groups, have operated in the past must needs operate in the future. They conclude, that is, that the particular phenomenon of WAR, above all, is chronic, and can never definitely disappear. Thus M. Zola, looking around him and finding strife everywhere, decides that all the past forms of strife are inevitably recurrent.[11] It may be well at the outset to insist that the general principle involves no such particular necessity.

War is simply a form in which the instincts of attraction and repulsion have operated in human societies during ages in which certain psychological and physiological types have been normal. It may very well recur, with growing infrequency, for a long time to come; but it is not rationally to be regarded as a necessary function of the grand biological forces. What does seem certain is a different thing—that the forces of attraction and repulsion will always operate in some form; and that the very fact of their finding less expression in the mode of physical strife will imply their coming into play in other modes, such as the strife of ideals, doctrines, and class interests as they are expressed in politics without bloodshed. The general law is that the forces of attraction and repulsion, as exhibited in human thought or feeling, run during the earlier stages of growth in channels which may be broadly regarded as animal; and that when altered political and social conditions partly or wholly close these channels, the biological forces open for themselves new ones.

War is precisely the blindest, the least rational, the least human of all the forms of human conflict, inasmuch as it is the collective clashing of communities whose members, divided among themselves by many real differences of interest, bias, and attraction, are set against each other, as wholes—if by anything higher than animal pugnacity—either by the mere ideals or appetites of rulers or leaders, or by more or less imaginary differences of interest, seen under the moral illusion of the most primitive of social instincts—the sensus gregis. As evolution proceeds, the blind form may be expected to disappear, and the more reasoned forms—that is, the inter-social and intellectual—to develop.

FOOTNOTES:

[1] It is one of the shortcomings of Buckle that, though he at least once (Introd. to Hist. of Civ. in Eng., Routledge's ed. p. 352) recognises the futility of explaining history in terms of national character, he repeatedly lapses to that method, and speaks of peoples as if they were of one will, bent, and mind. (Ed. cited, edit. notes pp. 354, 385, 540, 553, 558, 719, etc.). See below, pt. iii, ch. iii, second note, as to Eduard Meyer.

[2] Similarly De Tocqueville begins L'ancien régime et la révolution with "Les Français ont fait.... (Avant-Propos, 2e éd. p. 5), and makes the successors of the Revolutionists les mêmes Français" (p. 12). Soon he makes the Revolution an entity (p. 35). Compare with Taine's passage the programme of the first number of Le Play's La Réforme Sociale, 1881 (cited by H. Higgs, Quarterly Journal of Economics, Boston, July, 1890, p. 418), which might almost have been written by Taine. In the case of Le Play the ideal of a quasi-patriarchal order, very stable and very fixed, led to an attitude resembling at points that of Taine. It is easy to see how the natural recoil from political turmoil has, since the French Revolution, developed successive schools such as those of Saint Simon, Comte, and Le Play, all aiming at stability and order, all seeking to elbow out the cosmic force of Change. In Taine's case the result was an acceptance of Spencer's administrative nihilism.

[3] Les philosophes classiques du XIXe siècle en France, 3ième éd. p. 37.

[4] Lettres de Prosper Mérimée à une Inconnue, préf. end. When, however, M. Taine wrote on Sainte-Beuve's death (1869), he laid down, as one of the necessities of the search for the true truth, this very determination to be the dupe of nothing and nobody, above all of oneself (Derniers Essais, p. 52). Years before an acute critic had said of his literary criticism: M. Taine, at bottom, let us say it with bated breath, is the dupe of himself when he supposes himself to have given a rigorous formula, an exact definition, a chemical analysis of his author (Frédéric Morin, Les hommes et livres contemporains, 1862, p. 33). Compare the brochure of Professor Edouard Droz, La critique littéraire et la science, 1893, discussed in the present writer's New Essays towards a Critical Method, 1897, p. 13 sq.

[5] See Napoléon et ses détracteurs, par le Prince Napoléon, p. 13, and passim.

[6] Professor Bryce, The Holy Roman Empire, 8th ed. p. 7.

[7] Gibbon, ch. vi (Bohn ed. i, pp. 201, 212-13). In the same way, Julius Cæsar, and the triumvirs after him, were in their day moved to extend citizenship in Italy because of the falling-off in the free Roman population. Widened citizenship meant a wider field for Italian recruiting. At that time the extension involved not taxation, but immunities; but, according to Cicero, Antony received great sums from the Sicilians in payment for the privilege he conferred upon them. Ad Atticum, xiv, 12; Philipp. ii, 36.

[8] Bryce, p. 9.

[9] A different explanation holds in the case of Hegel, who—after very pointedly affirming that nothing great in the world has been accomplished without passion (Leidenschaft), in the sense of individual interest and self-seeking aim, and that an individual is such and such a one, not a man in general, for that is not an existence, but one in particular (Philos. der Geschichte, 2te Aufl. p. 30)—proceeds to express historical processes in terms of universal spirit, abstract universality, and so forth. Here the trouble is the cherished tendency to verbal abstraction.

[10] Cp. Professor H.A. Giles, The Civilisation of China, 1911, pp. 214-15. Smell appears to be an insuperable bar to any general association of whites with blacks, and it probably enters into many racial repugnances. Compare the curious device of Lombard women to set up by an artificial bad smell a repugnance on the part of their alien suitors such as they themselves may have felt. Gummere, Germanic Origins, 1892, p. 138.

[11] Cited by Tolstoy, The Kingdom of God is Within You, ch. vi, end.

Chapter II

ROMAN POLITICAL EVOLUTION

§ 1

A survey of the ancient history best known to us may help to make clearer the fatality of strife and the impossibility of solving it save by transcending the physical plane. The habit of summing up all Roman history as so many planned actions of the Romans, or of Rome, is in singular contrast with the imbroglio of the records. In the social stage discovered to us by the analysis of the oldest known institutions, early Rome is already an artificial political organism, far removed from the simple life of tribal barbarism.[12] There are three tribes; the very name of tribe, it may be, comes from the number three[13] in the flection tribus; and the subdivisions are fixed by the numbers three and ten.[14] Behind the artificial tribe is a past in which, it may be, a group of villages forms the pagus or settlement.[15]

Already privilege and caste are fully established, even between classes of freemen; and only by inference can we reach the probable first bases of civic union among the ruling caste. They were clearly a caste of conquerors. Their curiæ, apparently the oldest form of group after the family or the clan,[16] are artificially arranged, numbering thirty, each curia containing nominally a hundred gentes, each gens nominally ten families.

Eduard Meyer (Geschichte des Alterthums, ii, 511) decides for the view of L. Lange, that the historic appellation of Roman citizens, Quirites, derives from curia. The ancients had several theories as to the name. One (Festus) was that the Sabine goddess Curis gave her name to the Sabine town Cures (cp. Athenê, Athenai), whence, according to the legend, had come a band under Titus Tatius, who conquered the Capitoline and Quirinal hills, and had for tribe-god Quirinus. Cp. Ihne, Early Rome, p. 82. Mommsen (Eng. tr. 1862, i, 57, 78, notes) has secured currency for the other tradition, argued for by F.W. Newman (Regal Rome, 1852, pp. 55-56), that the root is the Sabine word curis, quiris, a spear. For this somewhat unplausible theory there is support in the fact that in the cognate Gaelic coir, pronounced quîr, means a spear, and that there is derived thence curiadh, a warrior. Mommsen is followed by Merivale, General History of Rome, 5th ed. p. 13; and Greenidge, Roman Public Life, p. 33. Pott and Becker, who derived Quirites from curia, explain the latter word as co-viria, the band of warriors. And as the view that Athenê comes from Athenai, not vice versâ, has the stronger claims to acceptance, the more acceptable presumption is that Curis and Quirinus evolved from the curia. If Quirites meant spearmen, how could Cæsar be understood to cow mutineers by simply addressing them as Quirites [= citizens]? The curia theory is supported by the facts that the Roman constitutional tradition ... makes the division into curies alone originate with the origin of the city; that it appears as an essential part of the Latin municipal system; and that of all the old divisions it seems to be the only one that really fulfilled important functions in the primitive constitutional organisation (Mommsen, B. i, ch. v, pp. 73-75).

These curiæ may be conceived as derived from inner tribal or clan groups formed in the conquering stage, since they are ostensibly united by their collective or curial sacra, the rites for which the grouped gentes—who each have their private sacra—assemble in a special place, under a special priest. They still retain the usage of a common banquet,[17] the earliest form of collective religion known to us.[18] Apart from the members of the curiæ are the conquered plebs,[19] the many not enslaved, but payers of tribute; without share in the curiæ or vote in the comitia, or assembly, and without part in the curial or other sacra.

On this head there has been some gratuitous confusion. Schwegler (i, 621 sq.) gives convincing reasons for the view that in early times the plebs were not members of the curiæ. Cp. Ihne, as cited, pp. 110, 127; and Fustel de Coulanges, p. 278 sq. Meyer (ii, 513, 521) asserts, on the contrary, without any specification of periods, that the curiæ included plebeians as well as patricians. The contradiction seems to arise out of inattention to chronology, or a misreading of Mommsen. That historian rightly sets forth in his history (B. ii, ch. i; Eng. trans. ed. 1862, i, 264-65) that the plebs were not admitted into the comitia curiata before the Servian period; adding that these bodies were at the same time almost totally deprived of their prerogatives. In his Römisches Forschungen, 1864, i, 144 sq., he shows that they were admitted in the "historic period"—when the comitia in question had ceased to have any legal power, and when, as he elsewhere states, the admission practically gave little more than the capacity for adrogation (Römisches Staatsrecht, Bd. iii, Abth. i, p. 93). Here again he states that to equal rights in the curies, especially to the right of vote in the comitia, the plebeians attained only in the later times (Id. p. 72). Yet Professor Pelham, in asserting (p. 21; cp. p. 46) that "the primitive Roman people of the thirty curiæ included all the freemen of the community, simple as well as gentle, gives the note: The view here taken on the vexed question of the purely patrician character of the curiæ is that of Mommsen (Röm. Forschungen, vol. i)."

When this error is corrected, the question ceases to be vexed. Schwegler has disposed of the blunder of Dionysius, who ascribes to the plebeians a share in the curiæ from the beginning; and it is not disputed that they were allowed to enter when the comitia curiata had been practically superseded by the comitia centuriata. It is to be noted that the denial of the inclusion of the plebeians in the original curiæ does not apply to the clientes, whose status, though non-patrician, had been different from that of the true plebs. M. Delaunay, who argues that the plebeians were all along admitted to the curiæ, adds the qualification: Doubtless not the entire mass of the plebeians, but only those who were ... attached to the gentes (Robiou et Delaunay, Les Institutions de l'ancienne Rome, 1884, i, 21). But who were these gentilitia if not the clientes? (cp. loc. cit. p. 26).

The populus at this stage, then, is not the people in the modern sense; it is the aggregate of the privileged curiæ, and does not include the plebs,[20] which at this stage is not even part of the army. But a separate quasi-plebeian class, the clientes of the patricians, are in a state of special dependence upon the latter, and in a subordinate fashion share their privileges.

The clientes have very much the air of being primarily the servile or inferior part of the early clan or gens, as distinct from its gentlemen. Cp. Burton, Hist. of Scotland, viii, 524-25, as to the lower and the higher (duniewassal) orders in the Scottish Highland clans. "In the old life of the pagus and the gens the weaker sought the protection of the stronger by a willing vassalage" (Greenidge, Roman Public Life, p. 6). The clientes are the nominal as distinct from the real family of the chief or patronus. M. Delaunay (Les Institutions de l'ancienne Rome, as cited, i, 27) thinks with Mommsen (so also Dupond, pp. 20-21) that they were mainly freedmen, but gives no evidence. As to the meaning and etymology of the word (clientes from cluere or cliere, to listen or obey), cp. Newman, Regal Rome, p. 49; Ortolan, p. 29; Mommsen, Römisches Staatsrecht, III, i, 1887, p. 63. The theory that the plebeians were all clientes (Ortolan, pp. 25, 27) seems untenable, though Mommsen (Staatsrecht, III, i, 63) pronounces that all non-patricians were clients; and Meyer (ii, 521) appears to acquiesce. Only in theory can the mass of the plebs have been clients at any time. Cp. Fustel de Coulanges, pp. 277-78. The clientes, it seems clear, were as such admitted to the comitia, whereas the plebs were not. See the citations of Fustel de Coulanges from Livy, ii, 56-64; also iii, 14 (Dupond, p. 22, doubts the fact). On any view, the clientela rapidly dwindled, passing into the plebs (cp. Dupond, p. 23; Livy, vi, 18). As to its early status see Fustel de Coulanges, p. 273 sq. Ortolan, after representing all plebeians as clients, speaks (p. 31) of plebeians belonging to no gens (so Aulus Gellius, x, 20).

Wealth is not yet a matter of land-owning—the main element of property is cattle;[21] and the bulk of the land is ager occupatorius, a great common on which all men's cattle feed. The voteless free plebeian has simply his home and homestead, toft and croft, the latter being two yokes (= five roods) of land, on which he raises the grain and olives and vegetables that feed his household.[22] This goes to his heir. Here arises another problem. E.W. Robertson (as last cited) decides that the two yokes can have been only the homestead, and could not have included the farm or property attached to it. The heredium, he holds, following Pliny (Hist. Nat., xix, 19), and citing Livy (vi, 36), was only in the hortus, the house and garden, and not in the arable or pasture land. But surely the arable was on a different footing from the pasture land (ager compascus). Corn was not grown in common, unless it were by the gentes (Mommsen, vol. i, pp. 38, 72, 193). The solution seems to be that given by Greenidge, that as "the heredium consisted only of two jugera (Festus, p. 53), an amount obviously insufficient for the maintenance of a family, there must have been ager privatus as well, owned by some larger unit, and this unit would naturally have been the gens" (Roman Public Life, p. 15).

Among general historians of Rome Mommsen seems to be the first to note this circumstance, and he gives neither details nor evidence. Schwegler, discussing (i, 619) the theory of Puchta that there was no private property in Rome before the arrival of the plebs, admits that among the ancient Germans the land was yearly apportioned among the groups as such, but finds that Roman tradition tells of nothing of the kind. (So Greenidge, p. 15.) In any case, Mommsen, while insisting that "the fields (sic) of the gentes (Geschlechts-Genossen) in the earliest period lay together" (Staatsrecht, III, i, 24; cp. p. 94), admits that such gentile ownership had at an early stage disappeared (früh verschwundenen). There was then no communal tillage in the historic period. Cincinnatus, in the legend, returns to the plough on his own croft. Further, the early complaints cited by Livy as to the two yokes being hardly enough to raise a roof on or to make a grave in were addressed by the tribunes on behalf of plebeians to patricians who each had above five hundred yokes. The non-client plebeians then had no share in the land of the gentes or clans, being themselves in large part dispossessed by conquest.

Meyer (ii, 519) pronounces that the plot of two yokes was, of course, no farm, but a kitchen-garden, adding: "It is also the personal land of the small farmers and day-labourers who look after the lands of the large landholders, not the original private holding in contrast to the mark belonging in common to the gens (Geschlecht) or commune (Gauverband). But on the previous page Meyer says that the land was settled not by the gentes, but communally (genossenschaftlich) by unions of equal freemen." If these, then, were the curiæ (the Mark, says Meyer in this connection, did not belong to the gentes), they did not include the plebs; and we come back to the datum that the free plebeian had no means of support save his five roods and what beasts he had on the public pasture. The pasture-land, again, is surmised by Mommsen (ch. xiii, p. 201) to have been small in area relatively to the arable-land communally owned and cultivated by the gentes or clans—a proposition irreconcilable with the evidence as to the quantity of cattle. As to the two yokes of land, Schwegler decides (i, 618) that it was nowise inadequate as arable-land, in view of the extraordinary fruitfulness of Italy, and, further, of the circumstance that the free burghers had also the use of the common land (for pasture). We are to remember that Italian land could yield two crops in a year. (Niebuhr, Lebensnachrichten, ii, 245, cited by Schwegler.)

On the general problem as to why or how the land once communally tilled ceased to be so, we have still no better light than the old generalisation of Hobbes in reply to his own question: Upon what impulsives, when all was equally every man's in common, men did rather think it fitting that every man should have his inclosure? I found, he puts it, that from a community of goods there must needs arise contention whose enjoyment should be greatest, and from that contention all kind of calamities must unavoidably ensue. [Epistle Dedicatory to Philosophical Rudiments concerning Government and Civil Society (translation of De Cive), 1651. Cp. Goldwin Smith, The United States, 1893, p. 23.]

The patrician, of course, had a larger homestead, at least four yokes in the earlier stages; later seven; later still twenty-five.[23] But the patricians were a class of occupying landholders rather than proprietary landowners.[24] The public land was literally so, save in so far as the patricians would have the ampler (and often untaxed or low-rented) use of it for their much larger herds;[25] or, it may be, for cultivation by their clients or slaves. Heredia, however, were saleable, and herein lay one usual path to the dispossession and enslavement of freemen; while at all stages there went on that pressure of population on means of subsistence which underlies all economic history.

Thus far, however, mere conquest has done less to impoverish and enslave the mass than the economic process is to do later. The conquerors, probably highland herdsmen to begin with, take estates for themselves, but leave the mass of the conquered in possession or use of land for which they pay tribute, and upon which they can independently live.[26] And thus far they live mainly as small pastoral farmers.[27]

Trade and artisanship were for long but slightly developed, and were mainly in the hands of slaves, dependent clients, or foreigners; and artisans and aliens were not admitted into the legions.[28] The ruling caste occupied, potentially[29] if not constantly, the city proper, the two or three fortified hills[30] on which at this stage it stands. They were certainly not the founders. The Palatine and the Quirinal hills had been occupied by Latins and Sabines respectively long before the time traditionally assigned to the founding of Rome; and there were communities there before them. Modern excavators trace many successive strata of civilisation before that which we call the Roman; and the probability is that the Romans of history, like the kindred Sabines, conquered a previous city aristocracy of kindred race, whose place and possessions they took. The previous inhabitants had presumably grown weak for self-defence by reason of some such disintegrating economic evolution as was soon to affect the conquerors themselves. Such a disintegration may well have taken place in the case of Alba Longa, of which the prior supremacy seems entirely credible.[31] But before Alba Longa there had been a civilisation[32] on the Roman hills which perhaps outwent in economic evolution anything attained in the Roman period until the last century of the Republic.

This was already inferred in the eighteenth century by Ferguson (History of the Roman Republic, 1783, ch. i, note; perhaps following Maffei [1727], cited by Schwegler, i, 807), from the nature of the remains of the great cloacæ, which he held could not have been built by any of the early Roman kings. That view is since adopted by various authorities; see Middleton's Remains of Ancient Rome, 1892, i, 104-107; and Robiou et Delaunay, Les Institutions de l'ancienne Rome, 1884, vol. ii, ch. i, § 1. Cp. Merivale, General History of Rome, pp. 9-11; Burton, Etruscan Bologna, 1876, pp. 170-74. Livy (i, 38) ascribes great cloacæ to the legendary Tarquin the elder. Professor Ettore Pais, on the other hand, confidently decides that the cloaca maxima belongs to the republican period, and dates it about 170

B.C.

In any case, we know that an ante-Roman civilisation underlies the historic, and may now decide with Mr. Mahaffy that as civilisation of some kind was vastly older on the Hill of Troy than any of us had imagined, so the site of every historic city is likely to have been the habitation of countless generations (Survey of Greek Civ. 1897, p. 28).

§ 2

There had in fact been a decline and fall of Rome before the Rome we know began to be. Relatively to their predecessors, the early Romans were even as the northerners who in a later age were to capture historic Rome—vigorous barbarians beginning a new era on a footing of fraternity in conquest; and the condition of their early success as State-builders seems to have been precisely the joining of several tribe-groups in a real federation,[33] securing local peace as between the hill-holders. It has been said that Rome grew up without any known aid from men of political genius such as Solon.[34] But men of genius have counted for something in all stages of upward human evolution. The guiders of early Rome are lost in a cloud of myth and fable; but some man or men of civic faculty there must have been to shape tendency, though doubtless a main factor in the early union was the simple collocation of the hills first fortified. Granting that Servius Tullius is a mythical king, the elaborate constitution assigned to him stood for some planning by able men, and has several main points in common with that given to Athens by Solon.

Whatever were the part played by individual leaders, Roman or Etruscan, there clearly came into play in early Rome as in Athens the important factor of mixture of stocks. Romans and Sabines united to begin with; and the conquered plebs, destined later to enter the constitution and share in all the civic offices, represented some such source of recuperation to the Roman aristocracy as did the Saxons to that of England after the Norman Conquest. If we add the probable factor of an Etruscan element, Rome is to be conceived as standing for a ruling class of more various faculty than was to be found in any of the rival communities singly. The progressive absorption of the most enterprising of the plebeians was again, probably, an exception to the rule of Italic life as to that of other races, 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 at the crisis (367) at which the Gauls (who themselves had in the meantime undergone dissensions) again attack Rome; while the powers of the consuls (limited in 443 by the appointment of two Censors) are now further limited by the creation of a Prætor (patrician) and of Curule ædiles, alternately taken from the two strata.

This makes a temporary palliation, and in time the now privileged plebeians[42] lean to the patrician side and status; while fresh wars with Hernicans, Gauls, Etruscans, and Samnites check class strife, and the patricians recover preponderance, passing a law (358) to check new men. This is immediately followed by counter measures, limiting interest to ten per cent. and putting a five per cent. tax on manumissions; but the eternal distress of debtors is renewed, and a vain attempt is made to meet it (352) by State loans, and again by reducing interest to five per cent. (347). Increase of plebeian poverty again causes reactions, and after a mutiny futile laws are passed prohibiting interest altogether (342); the dictator Publilius carries popular political laws (339) checking the power of the Senate, and debtors are once more protected (326). After many wars, checking all domestic progress, popular distress causes a last Secession of the Plebs (287) and new political concessions to them; but still wars multiply, till all Italy is Romanised (266). The now mixed warlike aristocracy of birth, wealth, and office monopolises power in the Senate; and the residual plebs gradually ceases to be a distinct moral force, its last great struggle being made under the Gracchi, to whom it gives no valid support.

If we consider this evolution purely as a play of domestic political forces, we recognise it from first to last as a simple conflict of class needs and interests, partially modified at times by movements of true public spirit on the part of such men as the patricians who supported the Licinian laws, and such men as the Gracchi. The State-organism is the result of the struggles and pressures of its elements. What happened in the chronic readjustments was never a democratisation of the State, but at most an institutional protection of the poorer plebeians, and an admission of the richer to something like equal status with the optimates. Never was the people really united by any common home interest beyond the need of extorting some privileges. Only to that extent were the richer plebeians at one with the poorer; and there can be little doubt that as soon as the former secured the privileges they craved they tended to abuse them as the patricians had done. There was no personnel adequate to the effective working of the Licinian laws in face of a perpetual process of conquest which infallibly evoked always the instinct of acquisition, and never the science which might have controlled it. The early division of the State-territory into twenty-five tribes (495), of whom twenty-one were rural, determined the limitation of the political problem to the simple sharing of land; and every effort of public-spirited men to arrest the aggregation of lands in the hands of a few meant a convulsive explosion of resistance by the wealthy.

From the Polonian prattle of Cicero to his son we can gather how all schemes of reconstruction were viewed by the ruling class, whether in retrospect or prospect. The slaying of Tiberius Gracchus by Scipio Nasica is a standing theme of praise;[43] the lesson of the course of things social towards a steep sunderance of haves and have-nots is angrily evaded. Cicero knew as well as any the need for social reconstruction in Rome;[44] and he repeatedly records the sagacity of Lucius Marcus Philippus, who had been tribune and consul in Cicero's boyhood. As consul, Philippus had resisted the attempts of M. Livius Drusus to reform the Senate and provide for the poorer citizens and the Italians; but inasmuch as he had during his tribuneship avowed the fact that there were not left two thousand men in the State who owned property, Cicero denounces the avowal as pernicious.[45] The ideal aristocratic course was to resist all political change and slay those who attempted it—Drusus as the Gracchi before him. It was as a consummation of that policy that there exploded the so-called Marsian or Social War, in which Rome and the Italian States around her grappled and tore for years together like their ancestors of the tribal period; whereafter Marians and Sullans in turn rent Rome, till Sulla's iron dictatorship, restoring class supremacy, marked the beginning of the end of self-governing institutions, and prepared for the day of autocracy, which was not to