vote being controlled by a majority of the nobles in the group. In case of an equal division of nobles, or of the groups, the lot decided. The nobles could not legally meet in their clan assembly until called together by a consul, nor vote in them except when requested to do so by that magistrate.

The consuls and the senate had presumably—and it must be recollected that we know of the existence of this strictly aristocratic government by presumption only— the same or nearly the same respective authorities as under the later mixed aristocracy, to be described in succeeding sections. Since the number of senators was the same as the traditional number of clans, it is supposed that originally the senate consisted of the heads of the clans.

In the course of their constant and arduous warfare, the nobles found themselves compelled to call upon the commoners to supply the great majority of the soldiers, and then to concede to them a share in the government, which was changed from a strict to a mixed aristocracy, and so remained until the overthrow of the republic. The story of the manner in which the plebeians were permitted to share the political power, would be interesting and instructive, but in historical times, the Romans had lost all that portion of their national record.

The people were divided into four ranks: first, the nobles or patricians, who had an exclusive right to the high offices; second, the commoners or plebeians, who could vote and hold some minor offices; third, the half freemen, comprising aliens, freedmen, and sons of freedmen; and, fourth, the slaves. Nobility descended by inheritance to all the legitimate children of a patrician. He could not contract a legal marriage out of his rank;

he alone could contract a sacred marriage, consecrated by the priesthood. He could have only one wife, and she could have only one husband. He had the exclusive right to keep the images of his ancestors in the male line in his house, to exhibit them at the funerals of the men of his family, and to make offerings to them in his domestic worship. He alone had a right to hold an ecclesiastical or high political office, to represent the state in public worship, to consult the gods in the auspices, and to declare whether the omens were favorable to military projects or political propositions; and he only had the legal right without special order of consul or senate, to occupy public land taken from conquered enemies.

Though the commoner might, and in many cases did, possess considerable wealth, he could neither marry a patrician, nor hold a senatorial, consular, or sacerdotal office, nor have a domestic worship, nor keep the images of his ancestors in his house, nor be united to his wife by a sacred marriage. In the eye of the law, his matrimony was a mere cohabitation, a matter of profane usage.

SEC. 426. Clients.-In historical times some of the plebeians were clients or dependents of patricians, as probably all had been in an early age, when, perhaps, no man was safe unless he had some powerful protection, such as that of a noble clan. After the commoners obtained arms and admission into the legions, many felt strong enough to defend themselves with the aid of others of their own class, and then took opportunities to get rid of the burden of dependence with the consent of their patrons. Other clients were emancipated by the extinction of the noble families to which they had been attached. Many Latins settled in Rome and acquired franchise there as plebeians, who never had patrons. Thus there

came to be many independent plebeians. But clients were numerous in Rome until she was conquered by the barbarians.

The bond between patron and client was sacred, with an obligation of protection on one side and of service on the other, under conditions which are not clearly and fully explained by any Roman author. The client could not legally bring suit, nor testify against his patron, nor take part in any act of violence against him. If the patron was held in captivity, the client must aid in his ransom; if the patron's daughter was to be married, the client must contribute to her dowry; if the patron wanted a retinue to accompany him on any important public occasion, as at an election, a triumph, a funeral, or a riot, it was the duty of the client to be in attendance. On the other hand, the patron owed assistance, protection, and advice to his dependent. If the client needed shelter, clothing, or food, he applied to his patron for it. If the client left a minor child, the patron was its guardian. Every emancipated slave became the client of his late master. The freedman was not a plebeian citizen, nor was his son, but the grandson was, if he and his father were born under Roman law. The freedman who became indebted to his patron or was guilty of ingratitude might be re-inslaved.

SEC. 427. Senate.-The senate had exclusive control in matters of revenue, disbursement of public funds, levying armies, directing where they should be used, assigning high military commands, distributing certain classes. of booty taken in war, and granting triumphs in the city.

It also had the initiative in declaring war, making peace, and enacting laws. It had the authority to try high officials for misconduct in office, and through this power could secure their obedience. It could suspend

any law which did not seem suitable to an unforeseen emergency; and could enforce, as laws, its resolutions which had not been submitted to or rejected by the people, whose action on senatorial propositions was usually a mere matter of form. In their sacerdotal capacity, various members of the senate had supervision of certain departments of the state religion, and could declare that measures adopted by the popular assembly were void because the sacred ceremonial had been violated or the omens had not been properly observed. Ecclesiastical trickery was a source of much political influence in Rome, as well as in some other countries.

The members of the senate were appointed by the consuls, and held office for life. Every ex-consul was entitled to the senatorship as soon as there was a vacancy. Custom required that other appointments should be given to those men who had held the highest offices in the army with credit, and thus the senators, as a class, were the men of the most approved courage and the highest experience in the public service. Nearly all were men over forty years of age; and, as a body, they comprised nearly all the military talent and official experience of the state. The three hundred senators were divided into ranks with different privileges and strict rules of precedence. The first class consisted of the two consuls. The presiding consul for the month had the exclusive rights of introducing business, of making the first speech on the question before the house, of giving the right of speech to senators of the lowest rank, and of inviting outsiders to be present and to speak. The consuls could not vote.

In the second rank were the ex-consuls who had been appointed senators, precedence among them being given first to those who had enjoyed triumphs, and to those of

the major clans. Every ex-consul had the right of addressing the senate, and when a question was to be decided, he must be called upon by name, with a request to give his vote, and if there was a division he was requested by name to take his place on one side or the other of the hall. The senators of the third rank were those who had not been consuls. They could not make motions, nor, unless specially invited by the presiding consul, could they address the senate. They were not called upon by name when a vote was taken, but were invited in a body to express their opinion in the customary method. As the divisions were frequent, and their vote was then indicated mainly by their movements and not by their voices, they were called pedestrian senators.

In capacity and governmental experience, no other legislative body has ever been equal to the Roman senate. The Athenian senators held office for only one year, were chosen partly by lot, and had no independent legislative authority, being merely a committee of the assembly. They were always subordinate to the generals or archons. The Spartan senators held office for life, as the Romans did, but their advanced age, the youngest being sixty years old, made them inactive, and they, too, were merely a committee and were subordinate to the kings and ephors. The hereditary character of the Venetian senate prevented that body from being distinguished for ability. In the range and amount of its governmental authority, the British House of Commons approaches the Roman senate, but is much inferior in the average capacity and political experience of its members. Mommsen observes that the senate embraced "all the political intelligence and practical statesmanship" of Rome, and was "in consistency and political sagacity, in unanimity and