Page:The Origin of the Family, Private Property and the State.djvu/161

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THE ORIGIN OF THE FAMILY

And though the sturdy patrician nobility had already gained ground, though the reges attempted gradually to enlarge the scope of their functions—all this does not change the elementary and fundamental character of the constitution, and this alone is essential.

Meantime the population of the city of Rome and of the Roman territory, enlarged by conquest, increased partly by immigration, partly through the inhabitants of the annexed districts, Latins most of them. All these new members of the state (we disregard here the clients) stood outside of the old gentes, curiae and tribes and so did not form a part of the populus Romanus, the Roman people proper. They were personally free, could own land, had to pay taxes and were subject to military service. But they were not eligible to office and could neither take part in the assembly of curiae nor in the distribution of conquered state lands. They made up the mass of people excluded from all public rights, the plebs. By their continually growing numbers, their military training and armament they became a threat for the old populus who now closed their ranks hermetically against all new elements. The land seems to have been about evenly divided between populus and plebs, while the mercantile and industrial wealth, though as yet not very considerable, may have been mainly in the hands of the plebs.

In view of the utter darkness that enwraps the whole legendary origin of Rome's historical beginning—a darkness that was rendered still more intense by the rationalistic and overofficious interpretations and reports of the juristically trained authors that wrote on the subject—it is impossible to make any definite statements about the time, the course and the motive of the revolution that put an end to the old gentile constitution. We are certain only that the causes