Chapter VI: The First Century of the Republic (1)

[Sidenote: [510-451 B.C.]]

The next task of the Romans was to regain the old position of Servius Tullius in Latium. Aided by the pressure constantly brought to bear on the Latins by the Volscians, the Romans also succeeded, in the year 493, in renewing with the former people their earlier alliance--an alliance based on perfect equality and reciprocity.[19] Highly important, moreover, from a military point of view was the treaty concluded in 486 between the Romans and the Latins on the one side and the Hernicans on the other.

About this time began the lingering feuds between the Romans and their allies and the neighbouring populations on the line that reached from the Etruscan cities Veii and Fidenæ, through the country of the Sabines and the Æquians to the scattered colonies of the Volscians on the southern borders of Latium. These conflicts rarely bore the character of actual warfare, being confined for the most part to carrying on or repelling burning and marauding expeditions. Yet there was no lack, especially with the Etruscans, of more serious engagements which, as we shall see, had great influence in determining the future of Italy and the Romans. Meanwhile these struggles served the Romans as an excellent school of war; but their political importance was not nearly so great as that of the internal conflicts that marked the development of republican Rome.

The conditions in Rome after the expulsion of the Tarquins were similar to those which prevailed in Greece under what was called the Eupatridian rule. The supreme power which was formerly vested in the king, now passed into the hands of a magisterial body whose members were to be appointed by vote. These republican officials, now commonly called consuls, were then given the title of prætors; a title that since the time of the decemvirs fell into disuse as designating the head of the state, but was later applied to the incumbents of a newly created office. The weight of the high civil, military, and judicial authority that passed from the hands of the king into those of the head of the republic, became considerably lessened by the action of causes that were, from their very nature, bound to make themselves more and more strongly felt. From the beginning of the republic, the Romans always placed two consuls at the head in order that the actions of the one might be under the restraining influence of the other’s veto. The term of the highest office was never longer than one year. At the expiration of the year the consul returned to the class of citizens to which he belonged, but could at any time be called to account for his official acts.

This system of one-year tenure of office was later found to have grave defects: but so much a part was it of the patrician as well as the democratic republicanism of that day that it never occurred to any one to change it. To the eminently practical Roman mind, however, the disadvantages connected with a yearly change of officials must have been apparent in many ways. As the life of Rome developed in fulness and freedom, the “scribes,” those lower officials who were permanently appointed to their posts, came to be of great importance in the actual conduct of public affairs. In time of war when naturally every head of the republic did not show equal qualifications for military leadership, the command of the army was given to some experienced general who was specially appointed by the proper authorities. When a consul was confronted by great and unexpected difficulties, he was empowered by the senate to appoint the best man of the state as dictator, and this dictator was in his turn to select as his assistant a master of horse--_magister equitum_. The dictatorship, which was for the term of but six months, had control over all minor offices, and as the dictator could not be held accountable, and as there was no appeal from his decisions, the patricians frequently had recourse, during the course of internal struggles, to the appointment of one, in order effectually to quell the plebeian opposition.

The consuls were preceded by but twelve lictors bearing the axe and fasces, while to the dictators were given twenty-four, like the kings in earlier days. Owing to the constant increase in the volume of public affairs the consuls frequently appointed, for the performance of certain duties, deputies, whose term of office expired with their own. Associated with the consuls in the keeping of the state archives and treasure were the two quæstors, probably the same officials to whom was also entrusted the prosecution of criminals. Two commissioners were appointed by the consuls to judge cases of sedition and high treason; the consuls had further to select and instruct two private personages who were to decide all civil suits. The consuls had unlimited power to impose fines; and as punishment for disobedience to certain laws, notably those governing the recruiting service, could even pronounce sentence of death. In cases requiring corporal or capital punishment the consuls and their aids had jurisdiction in the first instance; but save in cases that came under martial law, delinquents whom they had condemned could after the foundation of the republic (by virtue of the Valerian law, 509 B.C.) appeal to the higher tribunal of the general assembly, this body having also, even before 451, entire jurisdiction in regard to heavy fines.

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.

PLEBEIANS AND PATRICIANS

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.

In matters pertaining to legal marriage, as well as in higher affairs of state, religious superstition played a very prominent part. It remained for some decades the honest belief of the patricians that they alone had the right of holding communications with the gods or of taking correct auspices, maintaining further that any intermingling by marriage with plebeian blood would impair if not destroy this power of reading signs. According to them, auspices taken by plebeians, being of no value, always failed in their effect; hence there could be no question of appointing plebeians to offices which were so indissolubly connected with the taking of public auspices.

Thus it came about that not long after the foundation of the republic, the _populus_, _i.e._, the patrician body, and the plebeian stood arrayed against each other like two entirely unrelated races--between whom there cannot possibly be any unity of feeling or equality of rights. Through absorption of the Sabellian clan of Appius Claudius--who, at variance with his own people, had gone over to the side of the Romans and at the head of five thousand followers had settled on the opposite shore of the Anio--the patrician party was much the stronger and more numerous, and having alone the right to make appointments to civil office and to the priesthood, was the true guardian and promoter of the legal traditions and spiritual knowledge of the state.

The election of consuls was by no means carried on by free vote; rather, it appears, a list of nominees was made out beforehand by the presiding consul and the senate, from which the voters must choose, having the right at most to reject the candidates offered without that of substituting others in their places. Should the majority of votes fall to an opposition candidate, however, the presiding consul was neither obliged to recognise the votes nor to proclaim the candidate elected. The curiate assembly of the patricians alone had the right to confer by the passage of a _lex curiata de imperio_, the supreme power or _imperium_ upon the successful candidate. In the beginning of the republic the system of allowing colleges of the priesthood to appoint their own members was introduced, as was also that of appointing isolated priests and vestals through the pontifical college--an institution modelled doubtless on that of the pontifex maximus.

It was not those plebeians who enjoyed greater material advantages who gave the first signs of dissatisfaction at the existing condition of things; neither was it in the domain of politics, using the word in a narrow sense, that the first reactionary movements were observed: the first epoch-making uprising of the plebs had its origin in the social condition of the poorer peasants and leaseholders.

This class had suffered long under the judicial system of the patricians, who decided all causes according to a code of laws unknown to the inferior orders; but still greater was the oppression felt from another source. It is undoubtedly true that there existed a scale of social importance among the patrician landholders themselves, and that the possessions of many of them did not exceed those of the better situated among the plebeians; yet in other directions there were open to them opportunities from which the plebeians were debarred. Many of the larger property owners among the patricians could be reckoned--there having as yet arisen in Rome no great and independent commercial class--as capitalists. The trade in products of the soil was entirely in the hands of these rich proprietors, who in common with the other patricians besides realised all the profits resulting from the exploitation of the public lands. A considerable portion of these lands could, with the consent of the government, be “temporarily” occupied and cultivated by patrician landowners on payment of a yearly rental--such domains never to lose their character as state property, nor the government to release the right of remanding them at any time.

As a matter of fact, however, these terms were rarely kept, and the state domains were given away, sold, bequeathed or hypothecated exactly as though they had been private property. Apart from the illegality of such proceedings, they worked considerable harm to the plebeians, who deeply and bitterly resented the injustice shown by the authorities in exempting these estates from payment of rent and taxation. Whenever the situation of the state made it necessary to tax the patricians, it was their private property only that was assessed, and this made their condition, by reason of their large tax-free domains, greatly superior to that of the plebeians, who possessed only assessable lands. There was further the extreme severity shown in leaving free from impost the money capital of the patricians, while in the case of the plebeians no allowance was made for mortgages on their property.

We touch now upon the darkest spot in the situation of the poorer plebeians. The conflicts that had repeatedly broken out since the fall of the Tarquins, between the Roman populations and the neighbouring peoples, had pressed hard upon the plebeians. The successive calls to arms, the devastation of their lands, the plundering of their belongings, together with the heavy war-tax, formed an almost unsupportable burden, which was but little lightened by the declaration that the increase in impost would be looked upon by the government as a mere temporary advance and would be returned at a later period.

The pressure of these conditions plunged the greater part of the poorer leaseholders heavily in debt. The legal rate of interest was enormously high, considering the pecuniary shortage that prevailed--so high that it was welcomed by the plebeians as a great relief when later (probably 357 B.C.) the maximum was reduced to 8⅓ or 10 per cent. In case of failure to pay the interest on a debt, the accumulated interest was added to the original debt until the amount owed was increased to an overwhelming figure. It was a menace to the internal peace of the country that the creditors of the peasants were usually their patrician neighbours who, as capitalists, were the only ones in a position to lend. Analogous to the course pursued in Attica a century before, the Roman manor lords were now about to make the situation of the plebs one of economic dependence upon themselves. Hence in Rome, as in Attica, the first attack of the common people on the patrician classes was made on the ground of the extreme harshness of the Roman laws governing debt, framed, as they were, by a race which knew no mercy where its material interests were concerned. Sometimes the creditor, into whose hands the law gave complete possession of the person and property of the debtor, left this latter in nominal control and occupation of his land only to oppress him still further by demands for rent. To this arrangement the debtor frequently preferred taking advantage of the _nexum_, or usual form of loan contract under which he could place himself in bondage to the creditor to serve him as many years as were required to liquidate the debt, or until the creditor actually sold him as a slave in a foreign land.

(After Racinet)]

It is no wonder that out of conditions so one-sided and oppressive, the deepest aversion should have arisen among the plebeians against the patrician rule. There were, indeed, some among the noble families who sought to establish better and more conciliatory relations between themselves and the lower people, notably the Valerii and the Horatii; but for the most part the patricians of those days were characterised by the harshest egotism and imperiousness. These qualities were particularly conspicuous in the Sabine Fabii, in the newly settled family of Appius Claudius,--who later displayed a certain eccentricity in good as well as evil that belied the usual conservative traits of the aristocracy,--and in the Quinctii and Manlii, who were the acknowledged supporters of a sort of iron military discipline to be applied in their relations with the lower classes. From all this it will be seen that only by a movement bordering on a general revolution could a new political adjustment be brought about that would insure an amendment in the social condition of the plebeians.

[Sidenote: [495-457 B.C.]]

According to the chronology, often faulty, of tradition, the distress of the plebeians and their consequent dissatisfaction had already, in the year 495 B.C., reached a momentous pitch. In 494 the plebs consented to serve only under the dictator Manius Valerius, beloved of the people, who conducted the first enlistments and met later with success in the field. But when his proposals looking to a modification of the laws against debtors fell through in the senate, the patience of the plebeians was at an end. Valerius, who was rightfully incensed, resigned his office; and the consuls of that year wishing to continue the war, the plebeian portion of the army withdrew from the main body and the patrician city, and under the conduct of their officers retired to the so-called “Sacred Mount” on the peninsula formed three Roman miles from Rome by the junction of the Anio and the Tiber.

This move was actuated by a desire on the part of the plebeians to cut themselves completely off from the rest of the people and establish themselves as an independent body at an entirely new point. The seriousness of the situation finally obliged the patricians and the senate to yield; and negotiations ensued, the effects of which were felt even as late as the imperial epoch.

The new compact between the two branches of the Roman population, to which was given an international form, provided that the plebeians residing in the state should be organised into an independent body, having their own official representatives that were to rival in power those of the patricians. In opposition to the consuls were placed two plebeian tribunes (usually called “people’s tribunes”) who were later increased in number to four, and after 457 to ten; who were appointed, according to all probability, by the state assemblies of the plebeians. Guardians of the community in the true sense of the word, their ædiles being ever at the service of the plebeians as police and general administration agents, these chosen tribunes had the right and duty to protect their fellow plebeians against injustice and maladministration on the part of the consuls, to resolutely uphold the right of appeal--in a word, to interfere whenever the interests of the plebeians seemed to be endangered. They were powerless only against the dictator and the military jurisdiction or _imperium_ of the consuls outside the city. In Rome they had the right to prevent, by making prompt and personal protest, the execution of any patrician order whereat a citizen might take offence; and also to block or veto any patrician measure recommended to the citizen body, which was found to be unjust. This was called the right of intercession, or the veto of the plebeian tribunes.

From these circumstances it ensued that no tribune could, after the 10th of December, the date of accession to office, pass a single night outside the city during the whole official year;[20] his house, moreover, having to stand open night and day as a refuge for any who might need protection. To insure them perfect security in the performance of their duties the persons of the plebeian tribunes were declared “doubly sacred” and as such unassailable and inviolable. Whoever committed an attack on these personages was said to fall under the malediction of the gods and was, even according to earthly laws, adjudged guilty of a crime punishable with death. Hence every patrician, consuls included, who in any way infringed the tribunes’ rights, or offered them personal indignity could be held to strict account; in serious cases even arrested and brought before the tribunes themselves, who had power to inflict a penalty of fines or death. From their judgment however it was possible to appeal to the plebeian assemblies.

[Sidenote: [457-390 B.C.]]

Up to the time of the great wars with the Veientines and the Celts, the civil dissensions with which Rome was torn constantly grew in importance and menace, until shortly after the so-called decemviral period the class conflicts had assumed a character entirely different from that borne by them during the first half of the fifth century B.C. Before the great crisis ushered in by the decemvirate the work of the plebeian party leaders had been limited to bringing their state within a state to completer organisation, widening the breach that existed between the plebeians and the _populus_, or patrician body, and endeavouring by every means in their power to lessen the authority exercised by patrician officials over the plebeians. This period during which the two divisions of the Roman people met in a conflict of unexampled ferocity and hate, presents little that can be dwelt on with pleasure. Incidents of the most revolting nature arose from the extreme arrogance of the patrician youth; even the word assassination has frequently to be employed, while the internal strife had a serious effect on the fortunes of the nation in the wars it was constantly waging abroad. Yet even in those troubled times the foreign foe would singularly misreckon who counted on the connivance of either patricians or plebeians to open to him the city’s door, since when an external common danger threatened, the divided factions united as a rule to present a front solid and impenetrable as a wall of brass.

Fortunately for the future of Rome the bent towards a constantly widening separation between the plebeians and the patricians received, in the decemvir period, an entirely different turn. From that time the plebeian leaders were chiefly occupied in winning for their constituents their proper social and political position in the Roman state, with the balance leaning strongly, up to the decisive battle for the hegemony on the Apennine peninsula, to the side of the purely political questions of dispute. The sympathy of modern observers is almost entirely with the plebeians. The demands were moderate and the political views of the energetic honourable Roman peasants were immeasurably higher than those of the Greek democrats.[21]

In spite of all the heat and passion evinced on both sides, revolution was the last thing the parties thought of up to the very time of the Gracchi. Whereas in Hellas the triumphant party rarely receded from a position once taken or abandoned any pretensions however lofty, the Roman peasant assemblies contented themselves with claiming merely what, according to our modern ideas, was their just due. Attacked as they frequently were in their deepest interests, the only revenge dreamed of by the plebeians was secession--the voluntary cutting of themselves adrift from the patrician state; and their end at last attained, in good qualities as in bad they manifested precisely the same robust qualities that characterised their patrician adversaries. Their subsequent acts fully justified their course, since in their public affairs they revealed a vigour and capacity well-nigh inexhaustible.

But we must not judge the patrician class too harshly; revolting as their laws against debtors appear to us, we are not justified in attributing their adroitly maintained policy of resistance purely to the arrogance and selfishness of a privileged class, nor their refusal to admit plebeians to equal marriage laws and municipal offices entirely to base hypocrisy. We must, moreover, take into account the natural hesitation of an old, experienced governing body to give the leadership in public affairs into the hands of new and untried elements; and the plebeians themselves, far from despising the adversaries they so deeply hated, never failed to recognise those sterling qualities by which in peace and war they had achieved such signal service to the state, and elevated them to the position of models for their own character and conduct. And finally, at the decisive turning points in the evolution of Rome’s ancient constitution, it was not before superior might that the patricians lowered their banner and reached out the hand of friendship to their foe; it was solely in obedience to their own patriotic perception of what was best for the state and to the force of inner necessity.

[Sidenote: [510-452 B.C.]]

The wonderful tenacity displayed by both the divisions of the people in their conflicts with each other, proclaims them to be of one blood, and to have in actual fact but one cause, that of their agricultural interests. This kinship further explains the conservative character of these struggles, and the aristocratic tendencies constantly to be observed in the Roman administration from the time of the complete triumph of the plebeians down to that of the elder Cato. It was these class struggles and the manner in which they were carried on that gave the Roman constitution, as it gradually developed through succeeding generations, that stability and elasticity that later excited in more than one Greek statesman feelings of envy.

One failure, however, was not spared this people, in spite of that practical sense that led them on only tried political ground, and caused them to advance by successive cautious steps rather than by means of dangerous innovations. It was precisely this conservative character maintained throughout by the Roman constitution that prevented the problems that confronted it from ever finding complete solution, that cumbered it with a number of empty, useless forms, and gave new life to certain dangerous elements--notably that of dualism--that were later, when the creative power of the people was on the wane and the national character for ability and skill about to disappear, to unfold in disastrous might.

The first period of inner dissensions, that extending to the middle of the fifth century B.C., has not completely been made known to us; historical accounts being so intermingled with myths and the chronicles and traditions of noble families as to be wholly unreliable. The period was certainly characterised, however, by incessant feuds with the neighbouring populations, and in the interior by the phase of the conflict between the patricians and the plebeians which revealed the two factions under their least favourable aspect.

The resentment shown by the burghers and higher officials at the institution of the plebeian tribunes caused for a number of years the most common use of the latter’s authority to be the protection from encroachment by the patricians and from the consequences of their own acts, such plebeians as had resisted unlawful taxation, or refused to render military service. The tribunes also, after 476 repeatedly upheld the rights of the plebeians in cases of breach of the compact with the patricians, and had the power to condemn any individual patrician who was guilty of such a breach to a heavy fine or even exile. Gradually the personal sanctity and inviolability of the tribunes had come to serve them as a means of aggression rather than of mere defence. Wherever they chose to interpose, all hindrances disappeared from their path; it was only when they contemplated some decided step that their fellow tribunes had the right to interfere, all important measures being adopted by a council of the tribunes.

This right of intercession soon assumed a high significance. Without actual legal right to resist the laws passed by patrician rulers the tribunes yet could, by simply declaring their readiness to support the plebeians in their passive stand against the demands of senate and consuls for troops of war, offer effectual opposition to the enforcement of the state’s decrees. In this way they came to have a widely extended power of intervention, and at an early date they claimed the right of being present at all meetings of the senate. Unquestionably the mass of the citizens would gladly have seen the plebeian tribunes driven from office, and on both sides party hatred ran high. In this period tradition, untrustworthy as history, places the murder (473) of Genucius, the tribune, and the legend of Coriolanus.

SPURIUS CASSIUS AND THE FIRST AGRARIAN LAW

[Sidenote: [494-466 B.C.]]

The taxation abuses and the tyranny of the laws regulating debt, as well as the monopoly by patricians of state domains, had been allowed to go uncorrected until 494. In this year a high-minded citizen, Spurius Cassius Viscellinus, who was appointed consul for the third time in 486 and who then brought about the alliance with the Hernicans, as he had earlier, in 493, brought about that with the Latins, took an important conciliatory step in agrarian matters by proposing that the public lands be surveyed and given out in grants to the poorer plebeians, the remaining portions to be rented to patricians under much stricter conditions of payment than formerly. His law, it appears, was passed, but was never actually enforced.[22] Out of revenge his compeers hurled at him the accusation, fatal in republican Rome, of having aspired to mount the throne; and in the following year at the expiration of his term of office he was sentenced to death.

From this time until 466, when it was again driven into oblivion by the pressure of outside wars, the tribunes demanded the full enforcement of the _Lex Cassia_. Important advance in the development of the constitution was meanwhile made in another direction. With the institution of the tribunes, the informal, irregularly held meetings of the peasant assemblies were organised into the officially recognised diet of the whole plebeian body, which excluding the patricians and their clients (the latter now casting in their votes with the plebeians in the centuriata, thus considerably strengthening the position of the patricians in this assembly) broke up into smaller assemblies presided over by their tribunes and called the _comitia tributa_ (or assembly of the tribes) from the twenty-one district tribes into which the new organisation had divided the plebeians. These assemblies or comitia offered an opportunity to the tribunes gradually to educate the commonalty up to the high political standard set by the ablest of the plebeians.

In this manner alone could the plebeians develop their full strength and importance as a class, since all the advantages conferred by ancient tradition and political routine, by a clear insight into their own needs, and a firmly established social, religious, and political position, were on the side of the patricians, the plebeians having further to contend against the disadvantage of being widely scattered over a great extent of territory and of having received no preparatory political training or instruction. It was precisely these hindrances to the advancement of their people that the more active among the tribunes set about to overcome. A series of truly notable plebeian statesmen now came to the fore, the most prominent among them being the Icilii, the Virginii, and later the Duilii.

[Sidenote: [492-452 B.C.]]

As early as 492 an Icilius had passed a law making it a punishable crime to interrupt or in any way disturb the tribunes when in the act of laying their criminal decisions before the plebeians in the assembly of the tribes. Furthermore the tribunes, preventing as they did any violent interruption of the process of development by holding the plebeians, in all their upward strivings, strictly to the line of legal right, came to be the most powerful factor in the gradual development and formation of the Roman constitution. In domestic legislation they also constantly took the initiative, being chiefly concerned in gaining for the tribal assembly and their proceedings--which latter as merely “legislative monologues” had hitherto remained without result--a recognised position in the magistracy of the state. The centuriate assembly was at that time of comparatively little service to the plebeians. The plebeians eligible to vote greatly outnumbered the patricians of the same class; yet the arrangement of “voices” in the centuriata was such that the patricians largely predominated. The first census class consisted of eighty centuries, the mass of the members possessing the least means being united into one, while the second, third, fourth, and fifth census classes--those formed of the peasantry of the middle class--were divided up into ninety centuries.

]

[Sidenote: [482-452 B.C.]]

It was long, however, before the tribunes gained for their tribal assembly the recognition of the state. It was as late as 482, that the commonalty was entirely bound to the choice of the consuls and senate in consular elections, and it was only in 473--when the uprising provoked by the murder of the tribune Genucius, brought an able and energetic plebeian, Volero Publilius, forward as leader of the plebs--that any important step was made in advance. In the year 471 this tribune, by securing the passage of a law providing that the election of the tribunes and ædiles should be ratified by the tribal assembly, raised this body to a position beside that of the national assembly as an organ of the state with a special function in state legislation. The right of the plebs to deliberate and render decisions in their separate assemblies was thus recognised, and their hope of one day taking “legislative initiative” made an actual fact. All measures proposed by them, drawn up in the form of petitions to the senate, must pass through the hands of the tribunes, and the senate had no longer the right to reject such proposals straightway, but must first take counsel upon them with the tribunes. In case of approval by the senate the rogations (where they did not relate exclusively to the affairs of the plebeians) were laid before the curiate assembly as the last step preliminary to their passage as laws.[24]

THE INSTITUTION OF THE DECEMVIRATE

According to the fragmentary accounts that have been handed down there was a long cessation of the civil strife in consequence of the heavy burden of wars and pestilence under which Rome at one time laboured: but the old struggle was finally renewed under conditions that made possible an entire change of tactics on the part of the plebeian leaders. In the year 462 the tribune Caius Terentilius Harsa proposed a measure--adopted the following year by the united college of tribunes--that empowered the commonalty to appoint a committee of five plebeians who should frame certain laws for the limiting and regulating of the arbitrary power of punishment exercised by the consuls in suits against plebeians; just so much judicial power as the plebeian allowed him should the consul wield, but he was not to rule according to his own whim and pleasure. The aim of this measure was to complete the organisation of the plebs as an independent organ of the state, and to restrict as far as possible the functions of patrician magistrates in the administration of justice. It naturally met with the most determined opposition on the part of the older citizens; and even the most liberal and clear sighted among the patrician statesmen were alarmed at this incursion of the plebeians into a new field, since the greatest sufferers from any increase in the rights and independence of the plebs that would inevitably widen the gulf already existing between governing power and people, would be themselves. Bitter and prolonged were the party struggles that ensued, the same tribunes being appointed year after year by the people’s assemblies, while the senate and the older citizens, with equal obstinacy, rejected again and again the same old measures. The senate tried to conciliate the plebs by making other concessions, but in vain; finally in the year 457 it gave its consent to the number of the tribunes being increased to ten--a doubtful victory for the plebs, since among so many one or another could surely be found who could be induced by patrician influence to use his right of intercession against any plans of his colleagues that might be troublesome.[25]

[Sidenote: [454-449 B.C.]]

In one of the following years the consuls, A. Aternius and Sp. Tarpeius, passed a law limiting the hitherto unrestricted right of the consuls to impose property fines; according to its terms no man (except in cases of appeal) could be sentenced to a heavier fine than two sheep or thirty head of cattle in one day. In spite of all this the obstinacy of the people’s party remained unshaken until the senate finally succeeded in effecting a compromise, whereby the power of the consuls to inflict punishment was considerably lessened, while the dangerous power of initial rogation by the tribunes was completely done away with. Between 454-452 an agreement with the tribunes was reached that both divisions of the Roman people should have a common civil and criminal code, and the codification of the new statute book was intrusted to a commission of ten men appointed by the comitia centuriata. The choice was made in 452, and the commissioners--decemvirs, so-called, including none but patricians--entered upon their functions May 15th, 451. A complete reorganisation of the old system being the work in hand, the magistrates, particularly consuls and tribunes, were, according to an ancient custom, suspended from office under a proviso that safeguarded the sworn rights and liberties of the commonalty, while it bound the tribunes not to make appeal to the people, and their full power was given into the hands of the new governing body.

The manner in which the decemvirs at first discharged their duties is well known; so great was the legislative ability they displayed that during their first year of office, 451, they brought to completion the main object of their work. A code was shortly after approved by the senate, and accepted by the comitia centuriata, and affixed in the form of ten copper tablets to the speaker’s pulpit in the Forum. Ten new decemvirs were appointed for the year 450, and among these were several plebeians, the first non-aristocratic office holders to act as representatives for the entire Roman people. Whatever may have been the plan of the politicians of that day, it never reached fulfilment; as shortly after the completion of the new code, which comprised in all Twelve Tables, the decemvirate, headed by the brutally arrogant Appius Claudius,[26] began to assume the character of the most intolerable despotism. Dissatisfaction reached its height when Appius Claudius and his associates attempted, against all legal right, to retain their office after the 15th of May, 449, and undertook war against the Sabines and the Æquians.[b]

THE STORY OF VIRGINIA TOLD BY DIONYSIUS

[Sidenote: [449 B.C.]]

A plebeian, whose name was Lucius Virginius, a man inferior to none in military accomplishments, had the command of a century in one of the five legions that were employed against the Æqui; this person had a daughter, called from her father, Virginia, who far surpassed all the Roman virgins in beauty, and was promised in marriage to Lucius, formerly a tribune, the grandson of that Icilius who first instituted, and was first invested with, the tribunitian power. Appius Claudius, the chief of the decemvirs, having seen this virgin, who was now marriageable, as she was reading in a school (for the schools stood at that time near the Forum) he was presently captivated with her beauty, and the violence of his passion forcing him often to return to the school, his frenzy was, by this time, increased. But, finding it impossible for him to marry her, both because she was promised to another, and because he himself was married; and looking upon it, at the same time, to be below him to marry into a plebeian family, and contrary to the law, which he himself had inserted among those of the Twelve Tables, he first endeavoured to corrupt her with money; and, for that purpose, was continually sending some women to her governesses (for Virginia had lost her mother) and gave them much, and promised more. The women he sent to tempt the governesses had orders not to acquaint them with the name of the man who was in love with Virginia, but only that he was a person who had it in his power to do good and bad offices to those he thought fit. When he found himself unable to gain the governesses, and saw the virgin guarded even with greater care than before, his passion was inflamed, and he resolved upon more audacious measures. Then, sending for Marcus Claudius, who was one of his clients, a daring man, and ready for any service, he acquainted him with his passion; and, having instructed him what he would have him do and say, he sent him away, accompanied with a band of the most profligate men. Claudius, going to the school, seized the virgin, and attempted to lead her away publicly through the Forum; but there being an outcry, and a great concourse of people, he was hindered from carrying the virgin to the place he had designed, and addressed himself to a magistrate. This was Appius, who was then sitting alone in the tribunal to hear causes, and administer justice to those who applied for it. But, when Claudius was going to speak, the people, who stood round the tribunal cried out and expressed their indignation, and all desired he might stay till the relations of the virgin were present. And Appius ordered it should be so. In a short time, Publius Numitorius, uncle to Virginia by her mother, a man of distinction among the plebeians, appeared with many of his friends and relations; and, not long after, came Lucius, to whom she had been promised by her father, accompanied with a strong body of young plebeians. He came to the tribunal out of breath, and labouring for respiration, and desired to know who it was had dared to lay hands upon a virgin, who was a Roman citizen, and what he meant by it.

All being silent, Marcus Claudius, who had laid hold on Virginia, spoke as follows: “I have committed neither a rash nor a violent action in relation to this virgin, Appius Claudius; but, as I am her master, I take her according to law. I shall now inform you by what means she is become mine. I have a female slave, who belonged to my father, and has served a great many years. This slave, being with child, was engaged by the wife of Virginius, whom she was acquainted with, and used to visit, to give her the child she should be brought to bed of; and, in performance of this promise, when delivered of this daughter, she pretended to us that she was brought to bed of a dead child, and gave the girl to Numitoria; who, having no children, either male, or female, took the child; and, supposing it, brought it up. For a long time, I was ignorant of all this; but now being informed of it, and provided with many credible witnesses, and having also examined the slave, I fly to that law, which is common to all, and determines that the children shall belong to their mothers, not to those who suppose them; that, if the mothers are free, the children shall be free; if those are slaves, the children shall be slaves also; and that both the children and the mothers shall have the same masters. In virtue of this law, I desire that I may take the daughter of my slave, and I am ready to submit my pretensions to a trial; and, if any one claims her, to give sufficient sureties to produce her at the time appointed; but if they desire to have this affair speedily determined, I am willing this minute to plead my cause before you, and shall neither give security for her appearance, nor offer anything that may create a delay. Let them choose which of these conditions they like best.”

After Claudius had said this, and added many entreaties that his claim might not be less regarded than that of his adversaries, because he was his client, and of mean birth, the uncle of Virginia answered in few words, and those such as were proper to be addressed to a magistrate, saying, that Virginius, a plebeian, was the father of this girl, and then abroad in the service of his country; that Numitoria, his own sister, a woman of virtue and worth, was her mother, who died not many years before; that the virgin herself had been educated in such a manner as became a person of free condition, and a citizen of Rome; that she had been solemnly betrothed to Icilius, and that the marriage had taken effect, if the war with the Æqui had not intervened; that, during no less than fifteen years, Claudius had never attempted to aver anything of this kind to the relations of Virginia, but that now the virgin was marriageable, and of distinguished beauty, he was charmed with it, and published an infamous calumny, contrived not indeed by himself, but by a man who thought he had a right to gratify all his passions by all the methods he could invent. He added that, as to the trial, the father himself would defend the cause of his daughter when he returned from the campaign; and that, in the meantime, as he was her uncle, and ready to support her right, he himself claimed her person, to which he was entitled by the laws; and in this, he insisted upon nothing that was either new, or not allowed to every Roman, if not to every other man, which is, that if it is pretended that any person is a slave, not the man who maintains that he is so, but he who asserts his liberty, shall have the custody of that person, till the decision of the contest. And he said that Appius was obliged, on many accounts, to observe this institution; first, because he had inserted this very law with the rest in the Twelve Tables; and, in the next place, because he was chief of the decemvirate; and, besides, that he was invested not only with the consular, but also with the tribunitian, power, the principal function of which was to relieve such of the citizens as were weak and destitute of all other help. He then desired him to compassionate a virgin, who fled to him for assistance, and who had long since lost her mother, and was then deprived of her father, and in danger of losing not only her paternal fortunes, but also her husband, her country, and, the greatest of all human blessings, her liberty. And, having lamented the abuse to which the virgin would be delivered up, and by that means raised great compassion in all present, he at last spoke of the time to be appointed for the decision of this cause. [He urged that he be given custody of the girl until the return of her father. Appius however refused this request. Icilius, the virgin’s betrothed lover, protested that the outrage should never be consummated while he lived.]

Icilius was going on, when the lictors, by order of the magistrate, kept him off from the tribunal, and commanded him to obey the sentence. Upon which Claudius laid hold on the virgin, and was going to take her away, while she hung upon her uncle, and her spouse. The people, who stood round the tribunal, seeing her in so moving an agony, cried out all at once, and, without regarding the authority of the magistrate, fell upon those who were endeavouring to force her away. So that Claudius, fearing the violence, quitted Virginia, and fled for refuge under the feet of the decemvir. Appius, seeing all the people in a rage, was at first greatly disordered, and in doubt for a considerable time what measures to take; then calling Claudius to the tribunal, and speaking a few words to him, as it seemed, he made a sign for the audience to be silent, and said: “Since I find you are exasperated at the sentence I have pronounced, citizens, I shall waive the exactness of that part of it which relates to the giving sureties by Claudius for the appearance of Virginia; and, in order to gratify you, I have prevailed upon my client to consent that the relations of the virgin shall bail her till the arrival of her father. Take away the virgin, therefore, Numitorius, and acknowledge yourself bound for her appearance to-morrow. For this time is sufficient for you both to give Virginius notice to-day, and to bring him hither in three or four hours from the camp to-morrow.” And they desiring further time, he gave no answer, but rose up, and ordered his seat to be taken away.

He left the Forum full of anguish, distracted with love, and determined not to relinquish the virgin any more to her relations; but when she was produced by her surety, to take her away by force; to place a stronger guard about his person, in order to prevent any violence from the multitude, and early to post a great number of his friends and clients round the tribunal. That he might execute this resolution with a show of justice under the pretence of the non-appearance of the father, he sent some horsemen, whom he chiefly confided in, to the camp with letters for Antonius, who commanded the legion in which Virginius served, to desire he would detain the man in safe custody, lest, when he was informed of the situation of his daughter, he might escape out of the camp. But his design was prevented by the son of Numitorius, and the brother of Icilius, who being sent away by the rest of her relations upon the first motion of this affair, as they were young, and full of spirit, rode full speed; and, arriving at the camp before the men sent by Appius, informed Virginius of everything which had passed; who, going to Antonius, and concealing the true cause of his request, pretended that he had received an account of the death of some near relation, whose funeral and burial he was obliged by the law to perform; and, by that means obtained his dismission; and, setting out in the evening with the youths, he took a byroad for fear of being pursued both from the camp, and the city; which really happened; for Antonius, having received the letters about the first watch, detached a party of horse after him, and others, sent from the city, patrolled all night in the road that led from the camp to Rome. When Appius was informed of the unexpected arrival of Virginius, he was in a fury; and, going to the tribunal with a great number of attendants, ordered the relations of Virginia to appear. When they were come, Claudius repeated what he had said before, and desired Appius to decide the contest without delay, saying that both his informer and his witnesses were present, and that he was ready to deliver up the slave herself to be examined. He ended all with a feigned lamentation, grounded on a supposed fear of not obtaining the same justice with others, as he had said before, because he was his client; and also with desiring that Appius would not relieve those whose complaints were the most affecting, but whose demands were the most equitable.

On the other side, the father of the virgin, and the rest of her relations, brought many just and well-grounded proofs to show the child could not have been supposed; alleging that the sister of Numitorius, and wife of Virginius, could have no probable reason to suppose a child, since she was then young, and married to a young man, and had brought forth a child no very considerable time after her marriage; neither, if she had been ever so desirous to introduce a foreign offspring into her own family, would she have taken the child of another person’s slave, rather than that of a free woman united to her by consanguinity, or friendship, whose fidelity might have secured to her the possession of the child she had taken; and, when she had it in her power to take either a male or a female child, she would have certainly chosen the former. For, after a woman is brought to bed, if she wants children, she must necessarily be contented with, and bring up, whatever nature produces; whereas, a woman who supposes a child will, in all probability, choose one of that sex which excels the other. As to the informer, and the credible witnesses which Claudius said he would produce in great numbers, they disproved their testimony by this reason, drawn from probability, that Numitoria would never have done a thing openly, and in conjunction with witnesses of free condition, which required secrecy, and might have been transacted by one person, and, by that means, have exposed herself to have the girl taken from her by the master of the mother, after she had brought her up.