Chapter VII: The Invasion of the Gauls and Its Sequel (2)

It has been said that all difference between the patrician and plebeian orders was rapidly disappearing, or rather that the patrician families were gradually becoming fewer, while many plebeian families were rising to wealth and power. Already we have seen the plebeians obtain a footing in the senate; they were allowed to fill the offices of quæstor and ædile, and, as military tribunes, could command the armies of the state; but to the highest curule offices, as the censorship and consulship, they were not admissible, the reason given being, that for these offices the auguries must be taken and no religious rites could be performed save by persons of pure patrician blood. This now began to be felt to be a mockery. Men saw with their own eyes and judged with their own understanding that patricians and plebeians were men of like natures, were called on alike to share burdens and danger in the service of the state, and therefore ought to share alike the honours and dignities which she conferred. So Canuleius argued many years before, so the plebeians thought now; and two resolute tribunes arose, who at length carried the celebrated laws by which plebeians were admitted to the highest honours. These were C. Licinius Stolo and L. Sextius, his kinsman.

There is a well-known story of the manner in which they were first roused to the undertaking. It runs thus: M. Fabius Ambustus, a patrician, had two daughters, the elder married to Ser. Sulpicius, a patrician, the younger to C. Licinius, a plebeian. It happened that Sulpicius was consular tribune in the same year that Licinius was tribune of the plebs; and as the younger Fabia was on a visit to her sister, Sulpicius, returning home from the Forum with his lictors, alarmed the plebeian’s wife by the noise he made in entering the house. The elder sister laughed at this ignorance; and the younger Fabia, stung to the quick, besought her husband to place her on a level with her proud sister. But the story must be an invention--because Licinius’ wife could not have been ignorant of the dignities of the office; and because there was nothing to prevent Licinius himself from being consular tribune, and thus equal to his brother-in-law.[36]

THE LICINIAN ROGATIONS

[Sidenote: [376 B.C.]]

However this might be, Licinius and Sextius, being tribunes of the plebs together in the year 376 B.C., promulgated the three bills which have ever since borne the name of the Licinian Rogations. These were:

I. That of all debts on which interest had been paid, the sum of the interest paid should be deducted from the principal, and the remainder paid off in three successive years.

II. That no citizen should hold more than five hundred jugera (nearly 320 acres) of the public land, nor should feed on the public pastures more than one hundred head of larger cattle and five hundred of smaller, under penalty of a heavy fine.

III. That henceforth consuls, not consular tribunes, should always be elected, and that one of the two consuls must be a plebeian.

Of these laws, the first is of a kind not very uncommon in rude states of society. If persons lend and borrow money they enter into a legal contract, and the state is bound to maintain this contract. Cases will occur when the borrower is unable to pay his debts, and that from no fault or neglect of his own; and the laws provide for cases of insolvency in which the insolvent is not guilty of fraud. But if the state were to cancel all legal debts, persons would be very slow to lend money at all, and thus credit and commerce would be destroyed. At Rome, after the Gallic War, as at Athens in the time of Solon (when a similar ordinance was passed), all things were in such confusion that it might be necessary to resort to arbitrary measures; and we may well believe that Licinius, himself a wealthy man, would not have interfered but for necessity. But the precedent was bad; and in later times one of the worst means used by demagogues was a promise of _novæ tabulæ_, or an abolition of all debts.

The second law was a general agrarian law. Former agrarian laws had merely divided certain portions of public land among the needy citizens; but this laid down a general rule, by which the holding (_possessio_) of all such lands was to be limited. The purpose of Licinius was good. He wished to maintain that hardy race of yeomen who were the best soldiers in the state-militia; whereas if all these lands were absorbed by the rich, they would be cultivated by hired labourers or slaves. The subsequent history will show how unfortunate it was for Rome that this law was not more fully executed.

[Sidenote: [376-368 B.C.]]

At first the patricians were equally opposed to all these laws; they were the chief creditors, and therefore would lose by the first law; they held the bulk of the public lands on easy terms, and therefore would lose by the second; they alone could be consuls, and therefore they could not brook the third. We need not therefore wonder at a violent resistance; nor is it wonderful that they should enlist many rich plebeians on their side, for these persons would suffer as much as themselves from the first two laws. Accordingly we find that some tribunes were found to put a veto on the bills. But Licinius and Sextius would not be thus thwarted, and themselves turned the powerful engine of the veto against their opponents. When the time of the elections arrived they interdicted all proceedings in the comitia of the centuries; consequently no consuls, consular tribunes, censors, or quæstors could be elected. The tribunes and ædiles, who were chosen at the comitia of tribes, were the only officers of state for the ensuing year.

This state of things (as the Roman annalists say) lasted for five years,[37] Licinius and Sextius being re-elected to the tribunate every year. But in the fifth year, when the people of Tusculum, old allies of Rome, applied for aid against the Latins, the tribunes permitted consular tribunes to be elected to lead the army, and among them was M. Fabius Ambustus, the father-in-law and friend of Licinius. The latter, far from relaxing his claims, now proposed a fourth bill, providing that, instead of two keepers of the Sibylline books (_duumviri_), both patricians, there should be ten (_decemviri_), to be chosen alike from both orders--so scornfully did he treat the pretensions of the patricians to be sole ministers of religion.

The latter felt that the ground was slipping from under them, and that the popular cause was daily gaining strength. In vain did the senate order a dictator to be named for the purpose of settling the matter in their favour. The great Camillus assumed the office for the fourth time, but resigned; and P. Manlius Capitolinus, who was named presently after, effected nothing.

Once more, as when the patricians were in opposition to the tribunes, Terentilius and Canuleius, so now did the more moderate party propose a compromise. The law respecting the keepers of the Sibylline books was allowed to pass, and it was suggested that the two former of the Licinian rogations, the two social laws, might be conceded, if the plebeians would not press the political law, and claim admission to the highest curule rank. But this the tribunes refused. They could not, they said, effectually remedy the social evils of their poor brethren unless they had access to the highest political power; and they declared they would not allow the first two bills to become law unless the third was passed together with them. “If the people will not eat,” said Licinius, “neither shall they drink.” In vain the patricians endeavoured to turn this declaration against them; in vain they represented the tribunes as ambitious men who cared not really for the wants of the poor in comparison of their own honour and dignity; in vain the mass of the plebeians avowed themselves ready to accept the compromise. The tribunes set their faces like iron against the threats of the higher sort and the supplications of the lower. For another five years the grim conflict lasted, till at length their resolution prevailed, and in the year 367 B.C. all the three Licinian rogations became law.

This great triumph was achieved with little tumult (so far as we hear) and no bloodshed. Who can refuse his admiration to a people which could carry through their most violent changes with such calmness and moderation?

But the patricians, worsted as they were, had not yet shot away all their arrows. At the first election after these laws were passed, L. Sextius was chosen the first plebeian consul. Now the consuls, though elected at the comitia of the centuries, were invested with the imperium or sovereign power by a law of the curies. This law the patricians, who alone composed the curies, refused to grant; and to support this refusal the senate had ordered Camillus, who was now some eighty years old, to be named dictator for the fifth time. The old soldier, always ready to fight at an advantage, perceived that nothing now was practicable but an honourable capitulation. The tribunes advised the people to submit to the dictator, but declared that they would indict him at the close of his office; and he, taking a calm view of the state of things, resolved to act as mediator.

EQUALISATION OF THE TWO ORDERS

[Sidenote: [368-367 B.C.]]

The matter was finally adjusted by a further compromise. The plebeian consul was invested with the imperium; but the judicial power was now taken from the consuls and put into the hands of a supreme patrician judge, called the Prætor of the City (_Prætor Urbanus_), and Sp. Camillus, son of the dictator, was the first prætor. A hundred men (_centumviri_) were named, to whom he might delegate all difficult cases not of a criminal nature. At the same time also another magistracy, the curule ædileship, was created, to be filled by patricians and plebeians in alternate years. These curule ædiles shared the duties of the plebeian ædiles, and besides this, had to superintend the great games, for which they were allowed a certain sum from the treasury. At the same time a fourth day was added to these games in honour of the plebeians.

Thus the patricians lost one of the consulships, but retained part of the consular functions under other titles. And when Camillus had thus effected peace between the orders, he vowed a temple to Concord; but before he could dedicate it, the old hero died. The temple, however, was built according to his design; its site, now one of the best known among those of ancient Rome, can still be traced with great certainty at the northwestern angle of the Forum, immediately under the Capitoline. The building was restored with great magnificence by the emperor Tiberius; and it deserved to be so, for it commemorated one of the greatest events of Roman history,--the final union of the two orders, from which point we must date that splendid period on which we now enter. By this event was a single city enabled to conquer, first of all Italy, and then all the civilised countries of the known world, that is, all the peoples bordering on the Mediterranean Sea.

Various causes were for some time interposed to prevent the due execution of the Licinian laws. Indeed the first two of these measures, which aimed at social improvements, may be said to have failed. Social abuses are always difficult to correct. The evils are, in these cases, of slow growth; their roots strike deep; they can only be abated by altering the habits and feelings of the people, which cannot be effected in the existing generation; they will not give way at once to the will of a law-giver, however good his judgment, however pure his motives, however just his objects. But the common difficulty of removing social evils was increased in Rome at this time by circumstances.

[Sidenote: [367-343 B.C.]]

For two years a pestilence raged in the city, which swept away great numbers of citizens and paralysed the industry of all. The most illustrious of its victims was Camillus, who died even more gloriously than he had lived, while discharging the office of peacemaker. About the same time the region of the city was shaken by earthquakes; the Tiber overflowed its bed and flooded the Great Circus, so that the games then going on were broken off. Not long after a vast gulf opened in the Forum, as if to say that the meeting-place of the Roman people was to be used no more. The seers said that the gods forbade this gulf to close till that which Rome held most valuable were thrown into it. Then, when men were asking what this might be, a noble youth, named M. Curtius, said aloud that Rome’s true riches were brave men, that nothing else so worthy could be devoted to the gods. Thus saying, he put on his armour, and mounting his horse, leaped into the gulf; and straightway, says the legend, the earth closed and became solid as before; and the place was called the Lacus Curtius forever after.

To these direct visitations of God, the pestilence and the earthquake, was added a still more terrible scourge in the continued inroads of the Gauls. It has been noticed above that in the years 361 and 350 B.C. hordes of these barbarians again burst into Latium and again ravaged the Roman territory.

These combined causes increased the distress of the poor, and we read without surprise that in the year 357 B.C., ten years after the passing of the Licinian laws, a bill was brought forward by Duilius and Mænius, tribunes of the plebs, to restore the rate of interest fixed by the Twelve Tables, which in the late troubles had fallen into neglect; and five years later (in 352) the consuls brought forward a measure to assist the operation of the Licinian law of debt. They appointed five commissioners (_quinqueviri_), with power to make estimates of all debts and of the property of the debtors. This done, the commissioners advanced money to discharge the debt, as far as it was covered by the property of the debtor. The measure was wise and useful, but could only be partial in its effects. It could not help those debtors who had no property, or not enough property to pay their debts withal. Hence we find that in another five years (347 B.C.) the rate of interest was reduced to 5 per cent.; and some years afterwards it was tried to abolish interest altogether. But, laws to limit interest proved then, as they have proved ever since, ineffectual to restrain the practices of grasping and dishonest usurers.

There were, then, great difficulties in the way of a law for relieving debtors. These were increased, as has been seen, by circumstances, and we must now add the selfishness and dishonesty of the rich patricians and plebeians, who held the bulk of the public land in their own hands, and contrived to evade the Licinian law in the following way. If a man held more than five hundred jugera, he emancipated his son and made over a portion of the land nominally to him, or, if he had no son, to some other trusty person. With sorrow we hear of these practices, and with still greater sorrow we learn that in the year 354 B.C. C. Licinius himself was indicted by the curule ædile, M. Popilius Lænas, for fraudulently making over five hundred jugera to his son, while he held another five hundred in his own name. Thus this remedy for pauperism was set aside and neglected, till the Gracchi arose, and vainly endeavoured, after more than two centuries of abuse, to correct that which at first might have been prevented.

The law for equalising political power was more effective. For eleven years after the Licinian law one consul was always a plebeian. Then the patricians made one last struggle to recover their exclusive privilege; and in the year 355 B.C. we have a Sulpicius and a Valerius as consuls, both of them patricians; and in the course of the next dozen years we find the law violated in like manner no less than seven times. After that it is regularly observed, one consul being patrician and the other plebeian, till at length in the year 172 B.C., when the patrician families had greatly decreased, both consulships were opened to the plebeians, and from that time forth the offices were held by men of either order without distinction.

These violations of the law above mentioned were effected by the power by which the senate ordered the patrician consul to name a dictator. At least in the space twenty-five years after the Licinian laws we have no fewer than fifteen dictators. Now several of these were appointed for sudden emergencies of war, such as the Gallic invasions of 361 and 350. But often we find dictators when there is no mention of foreign war. In the year 360 we find that both the consuls enjoyed a triumph, and not the dictator. These and other reasons have led to the belief that these dictators were appointed to hold the consular comitia, and brought the overbearing weight of their political power to secure the election of two patrician consuls.

But if this were the plan of the patricians, it availed not. After the year 343 B.C. the law was regularly observed, by which one consul was necessarily a plebeian. The plebeians also forced their way to other offices. C. Marcius Rutilus, the most distinguished plebeian of his time, who was four times elected consul, was named dictator in the year 356 B.C., no doubt, by the plebeian consul Popilius Lænas; and five years later (351) we find the same Marcius elected to the censorship.

Practically, therefore, the political reform of Licinius and Sextius had been effectual so far as the admission of plebeians to the highest offices of state was concerned. It must be remarked, however, that these privileges, though no longer engrossed by patricians, seem to have been open only to a few wealthy plebeian families. C. Marcius Rutilus, as we have just remarked, held the consulship four times in sixteen years (357-342). M. Popilius Lænas and C. Pœtelius Libo enjoyed a similar monopoly of honours.

As the exclusive privileges of the patricians thus gradually and quietly gave way, instead of being maintained (as in modern France) till swept away by the violent tide of revolution, so did the power of the senate rise. It was by the wisdom or policy of this famous assembly that the city of Rome became mistress of Italy and of the world. Hitherto the contest has been internal, of citizen against citizen, in order to gain an equality of rights. Henceforth, for two hundred years, we shall have to relate contests with foreign peoples, and to give an account of the conquest of Italy, for which the Roman senate and people, now at length politically united, were prepared.

EXTERNAL AFFAIRS

[Sidenote: [390-342 B.C.]]

Abroad, after the burning of the city, Rome had once more to struggle for very existence. Before the city was so far restored as to be habitable, it was announced that the Æquians and Volscians were in arms. The Æquians seem to have shared in the general disaster caused by the Gallic inroad; henceforth at least the part they play is insignificant. But the Volscians boldly advanced to Lanuvium, and once more encamped at the foot of the Alban hills. The city was in great alarm; and Camillus was named dictator for the exigency. He defeated them with great loss, and pursued them into their own territory. He then marched rapidly to Bola, to which place the Æquians had advanced and gained another victory.

But in the moment of triumph news came that Etruria was in arms. The Etruscans hoped by a brave effort to recover the territory which the Romans had for the second time appropriated. A force was sent against them; but so completely was it routed on the nones of July, that this day was noted in the Calendar as the Poplifugia. Siege was then laid to Sutrium by the victors, and it fell. But the prompt dictator, on the first alarm, marched his troops straight from Bola to the point of danger; and on the very day on which Sutrium had yielded to the foe, it was again taken by the Roman general. Thus Camillus again appears as the saviour of Rome. He enjoyed a threefold triumph over the Volscians, the Æquians, and the Etrurians.

It was two years after, that the Etruscan territory, now effectually conquered, was formed into four tribes. By the addition of these new tribes, the first that had been added since this very territory had been wrested from Rome by Porsenna, the whole number was raised to twenty-five. The late assault of the Etruscans, perhaps, suggested the wisdom of making the free inhabitants of this district citizens of Rome. Men who had lately been subject to the oppressive government of a civic oligarchy, being now mingled with Roman plebeians who had received allotments in the district, and seeing the comparative freedom of all Roman burgesses, were sure to fight for Rome rather than join in an insurrection against her. Here was the beginning of that sagacious policy, which for a time led political enfranchisement hand in hand with conquest. Thirty years later (358 B.C.) the senate pursued the same course with respect to the Pontine district and other lowlands which had been recovered from the grasp of the Volscians. A settlement of poor plebeians, which was attempted in 387 B.C., failed; the emigrants were cut off by the Volscian hills-men. But the territory being now formed into two tribes, so as to make the whole number twenty-seven, the inhabitants had an interest in repressing predatory inroads.

[Sidenote: [387-354 B.C.]]

Soon after followed the struggle for the Licinian laws; and during this period the annals are altogether silent on the subject of wars.

But before the promulgation of the Licinian laws, there were threatenings of greater danger than was to be feared either from Etruscans or Volscians. The Latins and Hernicans, who since the time of Sp. Cassius had fought by the side of Rome in all her border wars, no longer appeared in this position. The inroad of the Gauls had broken up the league. Rome had been reduced to ashes, and was left in miserable weakness. Many of the thirty Latin towns, the names of which occur in the league of Cassius, were so utterly destroyed, that the antiquary in vain seeks for their site in the desolation of the Campagna. But the two important cities of Tibur and Præneste (Tivoli and Palestrina), perched on steep-scarped rocks, defying the rude arts of the invader, had gained strength by the ruin of their neighbours, and appear as independent communities, standing apart from the rest of Latium and from Rome. It was believed that the Prænestines encouraged the Volscians in their inroads, and in 382 B.C. war was declared against them. Some of the Latin cities joined Præneste; others sought protection against her from Rome. In this war even the Tusculans deserted Rome. But after a struggle of five years, the dictator, T. Quinctius, took nine insurgent cities, and blockaded Præneste itself, which capitulated on terms of which we are not informed. Soon after Tusculum also was recovered; and for the present all fear of the Latins subsided.

But a few years after the temple of Concord had been erected by old Camillus, fresh alarms arose. The Hernicans gave signs of disquietude. War was declared against them in 362 B.C. Next year came the second inroad of the Gauls, and it was observed with consternation, that this terrible foe occupied the valley of the Anio, and was not molested either by the Latins of Tibur or by the Hernicans. In the year 360 B.C. the _Fasti_ record a triumph of the consul Fabius over this last-named people, and another of his colleague Pœtelius over the men of Tibur and the Gauls--an ominous conjunction.

But this new inroad of the barbarians, which threatened Rome with a second ruin, really proved a blessing; for the remaining Latin cities, which in the late conflicts had stood aloof, terrified by the presence of the Gauls, and seeing safety only in union, now renewed their league with Rome, and the Hernicans soon after followed their example. The glory of concluding this second league belongs to C. Plautius, the plebeian consul of the year 358 B.C. The Gauls now quitted Latium; and Privernum and Tibur, the only Latin cities which rejected the alliance, were both compelled to yield (357, 354 B.C.).

While these dangers were successfully averted on the northeastern frontier, war had been declared against Rome by the powerful Etruscan city of Tarquinii, which lies beyond the Ciminian hills. This was in the very year in which the new league was formed with the Latins and Hernicans. But for this, it is hard to imagine that Rome, exhausted as she was, could have resisted the united assaults of Gauls, Volscians, Latins, Hernicans, and Etruscans. As it was, she found it hard to repel the Tarquinians. This people made a sudden descent from the hills, defeated the consul C. Fabius, and sacrificed 307 Roman prisoners to their gods (358 B.C.). Two years later they were joined by the Faliscans. Bearing torches in their hands, and having their hair wreathed into snake-like tresses, they attacked the Romans with savage cries, and drove them before them. They overran the four new tribes, and threatened Rome itself. Then M. Popilius Lænas, the plebeian consul, being ordered by the senate to name a dictator, named another plebeian, C. Marcius Rutilus, the first of his order who was advanced to this high office; and his conduct justified the appointment. The enemy was defeated. The senate refused a triumph to the plebeian, but the people in their tribes voted that he should enjoy the well-earned honour.

[Sidenote: [356-351 B.C.]]

For a moment the people of Cære, the old allies of the Roman people, who had given shelter to their sacred things, their women, and children, in the panic of the Gallic invasion, joined the war; but almost immediately after sued for peace. The Romans, however, remembered this defection. The Tarquinians were again defeated in a great battle. Three hundred and fifty-eight prisoners were scourged and beheaded in the Forum to retaliate for former barbarity. In the year 351 B.C. a peace of forty years was concluded, after a struggle of eight years’ duration.

It was in the very next year after the conclusion of this war that the third inroad of the Gauls took place, of which we have above spoken, when M. Valerius gained his name of Corvus. Thus remarkably was Rome carried through the dangers of intestine strife and surrounding wars. When she was at strife within, her enemies were quiet. Before each new assault commenced, a former foe had retired from the field, and Rome rose stronger from every fall. She had now recovered all the Latin coast land from the Tibur to Circeii; and her increasing importance is shown by a renewed treaty with the great commercial city of Carthage. But a more formidable enemy was now to be encountered than had as yet challenged Rome to conflict, and a larger area opened to her ambition. In the course of a very few years after the last event of which we have spoken the First Samnite War began.[b]

The destruction of Rome by the Gauls is the dividing point between historical and ante-historical Rome, as Ihne[g] justly notes; for the conflagration wiped out not only the records but most of the monuments as well. He complains, however, that it is long after the conflagration before the chronicles become really trustworthy. He doubts equally the story of how Valerius won the name of Corvus and the achievements of L. Furius Camillus. He says in conclusion:

“The result of our investigations is that the whole of the six wars with the Gauls, as Livy[c] relates them, are not much more than stop-gaps, marking points of time at which the annals of the old time have been filled up with edifying and patriotic matter. We can, therefore, infer that a considerable part of the other wars is equally apocryphal, and we may perhaps have the satisfaction of thinking that there were no wars to relate and that the Romans had now and then a little breathing-place.” So extreme an erasure of tradition with all its details will not, however, win the approval of many students of these times.[a]

FOOTNOTES

[33] The aged were doomed to perish under any circumstances (_utique_), from scarcity of provisions, whether they retired into the Capitol with the military youth, or were left behind in the city.

[34] [As a forewarning here of the comparatively recent Gallic re-invasions of Italy, one may quote what J. J. Ampère[d] says in his _L’histoire romaine à Rome_: “To terminate cheerfully the story of the geese of Manlius, I will recall a caricature representing a French soldier plucking a goose on the Capitoline Hill; beneath were the words, ‘Vengeance of a Gaul.’”]

[35] It may be observed that each _gens et familia_ clung to the same forenames. Thus Publius, Lucius, Cneius, were favourite forenames of the Cornelii; Caius of the Julii; Appius of the Claudii; and so on.

[36] [And yet, though constitutionally eligible, Licinius could hardly have won the consular tribuneship, for the patricians had practically monopolised the office, as the _fasti_ prove.]

[37] [The annalists were probably wrong in supposing that Rome was without magistrates for this period. Doubtless their error is due to chronological confusion.]