Indeed, matters had already at this time reached such a height, that out of the grave evil of oligarchy there emerged the still worse evil of usurpation of power by particular families. We have already spoken[19] of the offensive family-policy of the conqueror of Zama, and of his unhappily successful efforts to cover with his own laurels the incapacity and pitifulness of his brother; and the nepotism of the Flaminini was, if possible, still more shameless and scandalous than that of the Scipios. Absolute freedom of election in fact turned to the advantage of such coteries far more than of the electing body. The election of Marcus Valerius Corvus to the consulship at twenty-three had doubtless been for the benefit of the state; but now, when Scipio obtained the aedileship at twenty-three and the consulate at thirty, and Flamininus, while not yet thirty years of age, rose from the quaestorship to the consulship, such proceedings involved serious danger to the republic. Things had already reached such a pass, that the only effective barrier against family rule and its consequences had to be found in a government strictly oligarchical; and this was the reason why even the party otherwise opposed to the oligarchy agreed to restrict the freedom of election.
The government bore the stamp of this gradual change in the spirit of the governing class. It is true that the administration of external affairs was still dominated at this epoch by that consistency and energy, by which the rule of the Roman community over Italy had been established. During the severe disciplinary times of the war as to Sicily the Roman aristocracy had gradually raised itself to the height of its new position; and if it unconstitutionally usurped for the senate functions of government which by right foil to be shared between the magistrates and the comitia alone, it vindicated the step by its certainly far from brilliant, but sure and steady, pilotage of the vessel of the state during the Hannibalic storm and the complications thence arising, and showed to the world that the Roman senate was alone able, and in many respects alone deserved, to rule the wide circle of the Italo-Hellenic states. But admitting the noble attitude of the ruling Roman senate in opposition to the outward foe - an attitude crowned with the noblest results - we may not overlook the fact, that in the less conspicuous, and yet far more important and far more difficult, administration of the internal affairs of the state, both the treatment of the existing arrangements and the new institutions betray an almost opposite spirit, or, to speak more correctly, indicate that the opposite tendency has already acquired the predominance in this field.
In relation, first of all, to the individual burgess the government was no longer what it had been. The term "magistrate" meant a man who was more than other men; and, if he was the servant of the community, he was for that very reason the master of every burgess. But the tightness of the rein was now visibly relaxed. Where coteries and canvassing flourish as they did in the Rome of that age, men are chary of forfeiting the reciprocal services of their fellows or the favour of the multitude by stern words and impartial discharge of official duty. If now and then magistrates appeared who displayed the gravity and the sternness of the olden time, they were ordinarily, like Cotta (502) and Cato, new men who had not sprung from the bosom of the ruling class. It was already something singular, when Paullus, who had been named commander-in-chief against Perseus, instead of tendering his thanks in the usual manner to the burgesses, declared to them that he presumed they had chosen him as general because they accounted him the most capable of command, and requested them accordingly not to help him to command, but to be silent and obey. As to Military Discipline and Administration of Justice The supremacy and hegemony of Rome in the territories of the Mediterranean rested not least on the strictness of her military discipline and her administration of justice. Undoubtedly she was still, on the whole, at that time infinitely superior in these respects to the Hellenic, Phoenician, and Oriental states, which were without exception thoroughly disorganized; nevertheless grave abuses were already occurring in Rome. We have previously[20] pointed out how the wretched character of the commanders-in-chief - and that not merely in the case of demagogues chosen perhaps by the opposition, like Gaius Flaminius and Gaius Varro, but of men who were good aristocrats - had already in the third Macedonian war imperilled the weal of the state. And the mode in which justice was occasionally administered is shown by the scene in the camp of the consul Lucius Quinctius Flamininus at Placentia (562). To compensate a favourite youth for the gladiatorial games of the capital, which through his attendance on the consul he had missed the opportunity of seeing, that great lord had ordered a Boian of rank who had taken refuge in the Roman camp to be summoned, and had killed him at a banquet with his own hand. Still worse than the occurrence itself, to which various parallels might be adduced, was the fact that the perpetrator was not brought to trial; and not only so, but when the censor Cato on account of it erased his name from the roll of the senate, his fellow-senators invited the expelled to resume his senatorial stall in the theatre - he was, no doubt, the brother of the liberator of the Greeks, and one of the most powerful coterie-leaders in the senate.