SOCIAL CONDITIONS IN THE ROMAN EMPIRE. 193

LECTURE XXIII.

Of the various social conditions in the Roman Empire, before the final invasion of the Barbarians.-The privileged classes; and the curials. Their obligations, functions, and immunities.-Attributes of the curia as a body.-Of the various municipal magistracies and offices.Of the Defender in cities.-Comparison of the development of the municipal system, and its relations to the central organization of the State, in the Roman Empire and in modern societies.

Ar the commencement of the fifth century the subjects of the Empire were divided into three classes, forming three very distinct social conditions: 1. The privileged classes; 2. The curials; 3. The common people. I speak only of free men.

The privileged class included: 1. The members of the Senate, and all those who were entitled to bear the name of clarissimi; 2. The officers of the palace; 3. The clergy; 4. The cohortal militia, a sort of gendarmerie employed in the maintenance of the internal order of the State, and the execution of the laws; 5. The soldiers in general, whether included in the legions, or in the troops attached to the palace, or in the corps of barbarian auxiliaries. The class of curials comprehended all the citizens inhabiting towns, whether natives or settlers therein, who possessed a certain landed income, and did not belong, by any title, to the privileged class. The common people were the mass of the inhabitants of the towns, whose almost absolute want of property excluded them from a place among the curials.

The privileged members of the first class were numerous, of various rank, and unequally distributed among the five orders of which it was composed; but that which was, in fact, the most important and most sought after of their privileges, that which alone was more valuable than all the rest, was common to the five orders which constituted this classI mean, exemption from municipal functions and offices.

When we come to treat of the curials, you will learn what was the extent of these duties; but you must first under

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stand clearly who were exempt from them. 1. The whole army, from the lowest cohortalis to the magister equitum peditumve; 2. The entire body of the clergy, from the simple clerk to the archbishop; 3. It is an easy matter to define the two foregoing classes; but it is not so clear who were the members of the class of senators and clarissimi. The number of the senators was unlimited; the emperor appointed and dismissed them at his will, and could even raise the sons of freedmen to this rank. All those who had filled the principal magisterial offices in the Empire, or who had merely received from the prince the honorary title belonging to those magistratures, were called clarissimi, and had the right, when occasion required, of sitting in the Senate. Thus the class of clarissimi included all the functionaries of any importance and they were all appointed and might be dismissed by the emperor.

The body of privileged individuals, then, was composed: 1. Of the army; 2. Of the clergy; 3. Of all the public functionaries, whether employed at the Court and in the palace, or in the provinces. Thus despotism and privilege had made a close alliance; and, in this alliance, privilege, which depended almost absolutely on despotism, possessed neither liberty nor dignity, except perhaps in the body of the clergy.

This privilege, and especially exemption from curial functions, was not purely personal, but also hereditary. It was so, in the case of military men, on condition that the children also should embrace the profession of arms; and in the case of civilians, it was continued to those children who were born since their fathers had belonged to the class of clarissimi, or had occupied posts in the palace. Among the classes exempt from curial functions was the cohortal militia, a subaltern service to which those who entered it were hereditarily bound, and from which there was no means of passing into a superior class.

The class of curials comprehended all the inhabitants of the towns, whether natives thereof, municipes, or settlers therein, incolæ, who possessed a landed property of more than twenty-five acres, jugera, and did not belong to any privileged class. Members of the curial class became so either by origin, or by appointment. Every child of a curial

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was a curial also, and liable to all the charges attached to that quality. Every inhabitant who, by trade or otherwise, acquired a landed property of more than twenty-five acres, might be summoned to enter the curia, and could not refuse to do so. No curial could, by a voluntary act, pass into another condition. They were interdicted from dwelling in the country, entering the army, or engaging in employments which would have liberated them from municipal functions, until they had passed through every curial gradation, from that of a simple member of a euria to the highest civic magistracies. Then alone they might become military men, public functionaries, and senators. The children born to them before their elevation remained curials. They were not allowed to enter the clergy except by granting the enjoyment of their property to any one who agreed to be a curial in their place, or by making a present of their possessions to the curia itself. As the curials were incessantly striving to escape from their bondage, a multitude of laws were passed directing the prosecution of those who had escaped from their original condition, and succeeded in effecting their entrance furtively into the army, the clergy, public offices, or the Senate; and ordaining their restoration to the curia from which they had fled.

The following were the functions and charges of the curials thus confined, voluntarily or perforce, in the curia. 1. The administration of the affairs of the municipium, with its expenditure and revenues, either by deliberating thereon in the curia, or by discharging the magisterial offices of the town. In this double position, the curials were responsible not only for their individual management, but also for the necessities of the town, for which they were bound to provide out of their own resources, in case the municipal revenues were insufficient. 2. The collection of the public taxes, also under the responsibility of their private property in case of defaulters. Lands which were subject to the landtax and had been abandoned by their possessors, were allotted to the curia, which was bound to pay the tax thereon until it had found some one willing to take them off its hands. If it could find no one, the tax on the abandoned land was divided amongst the other estates. 3. No curial could sell the property from which he derived his qualification, without

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ADVANTAGES GRANTED TO THE CURIALS.

the permission of the governor of the province. 4. The heirs of curials, when not members of the curia, and the widows or daughters of curials, who married men belonging to other classes, were bound to give a fourth part of their goods to the curia. 5. The curials who had no children could not dispose, by will, of more than a fourth of their property: the other three-fourths went, by right, to the curia. 6. They were not allowed to absent themselves from their municipium, even for a limited time, without permission from the judge of the province. 7. When they had withdrawn from their curia, and could not be brought back, their property was confiscated to the benefit of their curia. 8. The tax known by the name of aurum coronarium, and which consisted in a sum to be paid to the prince, on the occasion of certain events, was levied on the curials alone.

The only advantages granted to the curials in compensation for these burdens were: 1. Exemption from torture, except in very serious cases. 2. Exemption from certain afflictive and dishonouring punishments which were reserved for the populace; such as being condemned to work in the mines, to be burned alive, and so forth. 3. Decurions who had fallen into indigence were supported at the expense of the municipium. These were the only advantages possessed by the curials over the common people, who, on the other hand, enjoyed the benefit that every career was open to them, and that, by entering the army, or engaging in public employments, they might raise themselves at once into the privileged class.

The condition of the curials, then, both as citizens and in relation to the State, was onerous and devoid of liberty. Municipal administration was a burdensome service, to which the curials were doomed, and not a right with which they were invested. Let us now see what was the condition of the curials, not in relation to the State, and to the other classes of citizens, but in the curia and amongst themselves. Here still existed the forms, and even the principles, of liberty. All the curials were members of the curia, and sat therein. The ability to bear the burdens of the office entailed that of exercising its rights, and taking part in its affairs; the names of all the curials of each municipium were inscribed, in an order which was determined according to their dignity, age, and other circumstances, in a book called

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the album curia. When there was occasion to deliberate upon any matter, they were all convoked together by the superior magistrate of the town, the duumvir, ædilis or prætor, and they all gave their opinions and their votes; everything was decided by the majority of votes: and no deliberation of the curia was valid unless two-thirds of the curials were present.

The attributes of the curia as a body were: 1. The examination and decision of certain affairs; 2. The appointment of magistrates and municipal officers. Nowhere can I find an enumeration of the affairs which fell under the cognizance of the curia as a body. Everything, however, indicates that most of those municipal interests which required more than the simple execution of the laws or of orders already given, were discussed in the curia. The proper and independent authority of the municipal magistrates appears to have been very limited. For example, there is reason to believe that no expense could be incurred without the authorization of the curia. It fixed the time and place for holding fairs; it alone granted recompenses; and so forth.

There were even occasions on which the authorization of the curia was not sufficient, and when it was necessary to have the sanction of all the inhabitants, whether curials or not; for example, for the sale of any property belonging to the commune, or for the despatch of deputies to wait on the emperor in reference to any grievance or request. On the other hand, it is evident that, by the general progress of despotism, the imperial power continued daily to interfere more and more in the affairs of the municipia, and to limit the independence of the curia. Thus they might not erect new buildings without the permission of the governor of the province; the reparation of the walls around the towns was subject to the same formality; and it was also necessary for the emancipation of slaves, and for all acts which tended to diminish the patrimony of the city. By degrees, also, even those affairs the final decision of which had previously belonged to the curia fell, by way of objection or appeal, under the authority of the emperor and his delegates in the provinces. This occurred in consequence of the absolute concentration of judicial and fiscal power in the hands of the imperial functionaries. The curia and the curials were then