A jealous rivalry had long prevailed between the Romans and the Samnites. The moment these two peoples found themselves in presence of each other, it was evident that they would be at war; the struggle was long and terrible, and, during the fifth century, it was round Samnium that they disputed the empire of Italy. The position of the Samnites was very advantageous. Entrenched in their mountains, they could, at their will, either descend into the valley of the Liris, thence reach the country of the Aurunci, always ready to revolt, and cut off the communications of Rome with Campania; or follow the course of the upper Liris into the country of the Marsi, raise these latter, and hold out the hand to the Etruscans, turning Rome; or, lastly, penetrate into Campania by the valley of the Vulturnus, and fall upon the Sidicini, whose territory they coveted.
In the midst of so many hostile peoples, for a little state to succeed in raising itself above the others, and in subjugating them, it must have possessed peculiar elements of superiority. The peoples who surrounded Rome, warlike and proud of their independence, had neither the same unity, nor the same incentives to action, nor the same powerful aristocratic organisation, nor the same blind confidence in their destinies. They displayed more selfishness than ambition. When they fought, it was much more to increase their riches by pillage than to augment the number of their subjects. Rome triumphed, because alone, in prospect of a future, she made war not to destroy, but to conserve, and, after the material conquest, always set herself to accomplish the moral conquest of the vanquished.
During four hundred years her institutions had formed a race animated with the love of country and with the sentiment of duty; but, in their turn, the men, incessantly re-tempered in intestine struggles, had successively introduced manners and traditions stronger even than the institutions themselves. During three centuries, in fact, Rome presented, in spite of the annual renewal of powers, such a perseverance in the same policy, such a practice of the same virtues, that it might have been supposed that the government had but a single head, a single thought, and one might have believed that all its generals were great warriors, all its senators experienced statesmen, and all its citizens valiant soldiers.
The geographical position of Rome contributed no less to the rapid increase of its power. Situated in the middle of the only great fertile plain of Latium, on the banks of the only important river of Central Italy, which united it with the sea, it could be at the same time agricultural and maritime, conditions then indispensable for the capital of a new empire. The rich countries which bordered the coasts of the Mediterranean were sure to fall easily under her dominion; and as for the countries which surrounded her, it was possible to become mistress of them by occupying gradually the openings from all the valleys. The town of the seven hills, favoured by her natural situation as well as by her political constitution, carried thus in herself the germs of her future greatness.
Treatment of the Vanquished Peoples.
III. From the commencement of the fifth century Rome prepares with energy to subject and assimilate to herself the peoples who dwelt from the Rubicon to the Strait of Messina. Nothing will prevent her from surmounting all obstacles, neither the coalition of her neighbours conspiring against her, nor the new incursions of the Gauls, nor the invasion of Pyrrhus. She will know how to raise herself from her partial defeats, and establish the unity of Italy, not by subduing at once all these peoples to the same laws and the same rule, but by causing them to enter, by little and little and in different degrees, into the great Roman family. “Of one city she makes her ally; on another she confers the honour of living under the Quiritary law, to this one with the right of suffrage, to that with the permission to retain its own government. Municipia of different degrees, maritime colonies, Latin colonies, Roman colonies, prefectures, allied towns, free towns, all isolated by the difference of their condition, all united by their equal dependence on the Senate, they will form, as it were, a vast network which will entangle the Italian peoples, until the day when, without new struggles, they will awake subjects of Rome.”164
Let us examine the conditions of these various categories:
The right of city, in its plenitude (jus civitatis optimo jure), comprised the political privileges peculiar to the Romans, and assured for civil life certain advantages, of which the concession might be made separately and by degrees. First came the commercium, that is, the right of possessing and transmitting according to the Roman law; next the connubium, or the right of contracting marriage with the advantages established by Roman legislation.165 The commercium and connubium united formed the Quiritary law (jus quiritium).
There were three sorts of municipia:166 first, the municipia of which the inhabitants, inscribed in the tribes, exercised all the rights and were subjected to all the obligations of the Roman citizens; secondly, the municipia sine suffragio, the inhabitants of which enjoyed in totality or in part the Quiritary law, and might obtain the complete right of Roman citizens on certain conditions;167 it is what constituted the jus Latii; these first two categories preserved their autonomy and their magistrates; third, the towns which had lost all independence in exchange for the civil laws of Rome, but without enjoyment, for the inhabitants, of the most important political rights; it was the law of the Cærites, because Cære was the first town which had been thus treated.168
Below the municipia, which had their own magistrates, came, in this social hierarchy, the prefectures,169 so called because a prefect was sent there every year to administer justice.
The dediticii were still worse treated. Delivered by victory to the discretion of the Senate, they had been obliged to surrender their arms and give hostages, to throw down their walls or receive a garrison within them, to pay a tax, and to furnish a determinate contingent. With the exclusion of these last, the towns which had not obtained for their inhabitants the complete rights of Roman citizens belonged to the class of allies (fœderati socii). Their condition differed according to the nature of their engagements. Simple treaties of friendship,170 or of commerce,171 or of offensive alliance, or offensive and defensive,172 concluded on the footing of equality, were called fœdera æqua. On the contrary, when one of the contracting parties (and it was never the Romans) submitted to onerous obligations from which the other was exempted, these treaties were called fœdera non æqua. They consisted almost always in the cession of a part of the territory of the vanquished, and in the obligation to undertake no war of their own. A certain independence, it is true, was left to them; they received the right of exchange and free establishment in the capital, but they were bound to the interests of Rome by an alliance offensive and defensive. The only clause establishing the preponderance of Rome was conceived in these terms: Majestatem populi Romani comiter conservanto;173 that is, “They shall loyally acknowledge the supremacy of the Roman people.” It is a remarkable circumstance that, dating from the reign of Augustus, the freedmen were divided in categories similar to those which existed for the inhabitants of Italy.174
As to the colonies, they were established for the purpose of preserving the possessions acquired, of securing the new frontiers, and of guarding the important passes; and even for the sake of getting rid of the turbulent class.175 They were of two sorts: the Roman colonies and the Latin colonies. The former differed little from the municipia of the first degree, the others from the municipia of the second degree. The first were formed of Roman citizens, taken with their families from the classes subjected to military service, and even, in their origin, solely among the patricians. The coloni preserved the privileges attached to the title of citizen,176