The fall of the patriciate by no means divested the Roman commonwealth of its aristocratic character. We have already indicated that the plebeian party carried within it that character from the first as well as, and in some sense still more decidedly than, the patriciate; for, while in the old body of burgesses an absolute equality of rights prevailed, the new constitution set out from a distinction between the senatorial houses who were privileged in point of burgess rights and of burgess usufructs, and the mass of the other citizens. Immediately, therefore, on the abolition of the patriciate and the formal establishment of civic equality, a new aristocracy and a corresponding opposition were formed; and we have already shown how the former engrafted itself as it were on the fallen patriciate, and how, accordingly, the first movements of the new party of progress were mixed up with the last movements of the old opposition between the orders. The formation of these new parties began in the fifth century, but they assumed their definite shape only in the century which followed. The development of this internal change is, as it were, drowned amidst the noise of the great wars and victories, and not merely so, but the process of formation is in this case more withdrawn from view than any other in Roman history. Like a crust of ice gathering imperceptibly over the surface of a stream and imperceptibly confining it more and more, this new Roman aristocracy silently arose; and not less imperceptibly, like the current concealing itself beneath and slowly extending, there arose in opposition to it the new party of progress. It is very difficult to sum up in a general historical view the several, individually insignificant, traces of these two antagonistic movements, which do not for the present yield their historical product in any distinct actual catastrophe. But the freedom hitherto enjoyed in the commonwealth was undermined, and the foundation for future revolutions was laid, during this epoch; and the delineation of these as well as of the development of Rome in general would remain imperfect, if we should fail to give some idea of the strength of that encrusting ice, of the growth of the current beneath, and of the fearful moaning and cracking that foretold the mighty breaking up which was at hand. The Roman nobility attached itself, in form, to earlier institutions belonging to the times of the patriciate. Persons who once had filled the highest ordinary magistracies of the state not only, as a matter of course, practically enjoyed all along a higher honour, but also had at an early period certain honorary privileges associated with their position. The most ancient of these was doubtless the permission given to the descendants of such magistrates to place the wax images of these illustrious ancestors after their death in the family hall, along the wall where the pedigree was painted, and to have these images carried, on occasion of the death of members of the family, in the funeral procession.. the honouring of images was regarded in the Italo-Hellenic view as unrepublican, and on that account the Roman state-police did not at all tolerate the exhibition of effigies of the living, and strictly superintended that of effigies of the dead. With this privilege were associated various external insignia, reserved by law or custom for such magistrates and their descendants:--the golden finger-ring of the men, the silver-mounted trappings of the youths, the purple border on the toga and the golden amulet-case of the boys--trifling matters, but still important in a community where civic equality even in external appearance was so strictly adhered to, and where, even during the second Punic war, a burgess was arrested and kept for years in prison because he had appeared in public, in a manner not sanctioned by law, with a garland of roses upon his head.(6) These distinctions may perhaps have already existed partially in the time of the patrician government, and, so long as families of higher and humbler rank were distinguished within the patriciate, may have served as external insignia for the former; but they certainly only acquired political importance in consequence of the change of constitution in 387, by which the plebeian families that attained the consulate were placed on a footing of equal privilege with the patrician families, all of whom were now probably entitled to carry images of their ancestors. Moreover, it was now settled that the offices of state to which these hereditary privileges were attached should include neither the lower nor the extraordinary magistracies nor the tribunate of the plebs, but merely the consulship, the praetorship which stood on the same level with it,(7) and the curule aedileship, which bore a part in the administration of public justice and consequently in the exercise of the sovereign powers of the state.(8) Although this plebeian nobility, in the strict sense of the term, could only be formed after the curule offices were opened to plebeians, yet it exhibited in a short time, if not at the very first, a certain compactness of organization--doubtless because such a nobility had long been prefigured in the old senatorial plebeian families. The result of the Licinian laws in reality therefore amounted nearly to what we should now call the creation of a batch of peers. Now that the plebeian families ennobled by their curule ancestors were united into one body with the patrician families and acquired a distinctive position and distinguished power in the commonwealth, the Romans had again arrived at the point whence they had started; there was once more not merely a governing aristocracy and a hereditary nobility--both of which in fact had never disappeared--but there was a governing hereditary nobility, and the feud between the gentes in possession of the government and the commons rising in revolt against the gentes could not but begin afresh. And matters very soon reached that stage. The nobility was not content with its honorary privileges which were matters of comparative indifference, but strove after separate and sole political power, and sought to convert the most important institutions of the state--the senate and the equestrian order--from organs of the commonwealth into organs of the plebeio-patrician aristocracy.
Theodor Mommsen
