The most marked limitation of the consuls’ power arose from the altered position of the senate towards them. According to formal law the senators stood in the same relation to the consuls as they did to the kings, being not above but under the head of the republic: who every four years, on the occasion of assessment for taxes, revised the list of senators and appointed new ones to fill whatever vacancies had occurred. Now, however, little by little, but ever more sensibly, began to be felt the enormous predominance held in all ages by any large aristocratic corporation whose members, all men of great political experience, have a life-long tenure of office, over functionaries who are appointed to their responsible positions for but the term of a single year. The senate represented the unity, and the firmly established traditions of Roman politics and rule. Not all the proud self-consciousness of a few powerful consuls could prevent the office as a whole from coming to be considered as merely the executive organ of the senate.
Since the foundation of the republic the people’s assemblies had also assumed an entirely different character and position. The necessity felt by the governing power at the overthrow of the Tarquins, to make sure of the sympathy of the lower classes had brought the centuriate assembly--in which both patricians and plebeians were bound together for the rendering of important decisions--into great prominence. The function of this body extended to the election of consuls, to the ratification or rejection of measures proposed by the higher government, to the declaration of wars of aggression, and lastly to the exercise of jurisdiction in criminal cases where appeal, now the privilege of the plebeian as well as of the noblest patrician, was permitted from the sentence of the quæstors.
The plebeians were soon forced to see, however, that under the new order all the advantages of public life fell to the patricians. If this class had at that time so far risen above its prejudices as to take into its own circles the more nearly related plebeian families, to admit them to equal marriage rights, to rights in the senate, and to eligibility for the various public offices; and if it had further opened the state’s domains to the mass of plebeians, and striven by a just apportionment of the land to found a new and more contented peasant order, there would be no need now to write the account of a hundred and fifty years’ struggle between these two classes. But instead of doing these things the Roman patricians displayed the most tenacious selfishness and greed--qualities manifested, it is true, in equal degree by all their plebeian kindred.