The History of Rome, vol 2 | Page 8

and thus the new curiate assembly, in opposition to
its original character, included numerous members who belonged to no
clan.
All the political prerogatives of the public assembly--as well the
decision on appeals in criminal causes, which indeed were essentially
political processes, as the nomination of magistrates and the adoption
or rejection of laws--were transferred to, or were now acquired by, the
assembled levy of those bound to military service; so that the centuries
now received the rights, as they had previously borne the burdens, of
citizens. In this way the small initial movements made by the Servian
constitution--such as, in particular, the handing over to the army the
right of assenting to the declaration of an aggressive war(11)--attained
such a development that the curies were completely and for ever cast
into the shade by the assembly of the centuries, and people became
accustomed to regard the latter as the sovereign people. In this
assembly debate took place merely when the presiding magistrate chose
himself to speak or bade others do so; of course in cases of appeal both
parties had to be heard. A simple majority of the centuries was
decisive.
As in the curiate assembly those who were entitled to vote at all were
on a footing of entire equality, and therefore after the admission of all
the plebeians into the curies the result would have been a complete
democracy, it may be easily conceived that the decision of political
questions continued to be withheld from the curies; the centuriate
assembly placed the preponderating influence, not in the hands of the
nobles certainly, but in those of the possessors of property, and the
important privilege of priority in voting, which often practically
decided the election, placed it in the hands of the -equites- or, in other
words, of the rich.
Senate
The senate was not affected by the reform of the constitution in the
same way as the community. The previously existing college of elders

not only continued exclusively patrician, but retained also its essential
prerogatives--the right of appointing the interrex, and of confirming or
rejecting the resolutions adopted by the community as constitutional or
unconstitutional. In fact these prerogatives were enhanced by the
reform of the constitution, because the appointment of the magistrates
also, which fell to be made by election of the community, was
thenceforth subject to the confirmation or rejection of the patrician
senate. In cases of appeal alone its confirmation, so far as we know,
was never deemed requisite, because in these the matter at stake was
the pardon of the guilty and, when this was granted by the sovereign
assembly of the people, any cancelling of such an act was wholly out of
the question.
But, although by the abolition of the monarchy the constitutional rights
of the patrician senate were increased rather than diminished, there yet
took place--and that, according to tradition, immediately on the
abolition of the monarchy--so far as regards other affairs which fell to
be discussed in the senate and admitted of a freer treatment, an
enlargement of that body, which brought into it plebeians also, and
which in its consequences led to a complete remodelling of the whole.
From the earliest times the senate had acted also, although not solely or
especially, as a state-council; and, while probably even in the time of
the kings it was not regarded as unconstitutional for non- senators in
this case to take part in the assembly,(12) it was now arranged that for
such discussions there should be associated with the patrician senate
(-patres-) a number of non-patricians "added to the roll" (-conscripti-).
This did not at all put them on a footing of equality; the plebeians in the
senate did not become senators, but remained members of the
equestrian order, were not designated -patres- but were even now
-conscripti-, and had no right to the badge of senatorial dignity, the red
shoe.(13) Moreover, they not only remained absolutely excluded from
the exercise of the magisterial prerogatives belonging to the senate
(-auctoritas-), but were obliged, even where the question had reference
merely to an advice (-consilium-), to rest content with the privilege of
being present in silence while the question was put to the patricians in
turn, and of only indicating their opinion by adding to the numbers
when the division was taken--voting with the feet (-pedibus in

sententiam ire-, -pedarii-) as the proud nobility expressed it.
Nevertheless, the plebeians found their way through the new
constitution not merely to the Forum, but also to the senate-house, and
the first and most difficult step towards equality of rights was taken in
this quarter also.
Otherwise there was no material change in the arrangements affecting
the senate. Among the patrician members a distinction of rank soon
came to be recognized, especially in putting the vote: