The History of Rome, Books 01 to 08
parties would have proceeded further, (so highly were their passions
inflamed,) had not, as if for the very purpose, news been brought, that
by an attack of the Æquans the garrison at Corbio had been cut off. The
consuls convene the senate; they are ordered to raise a hasty levy and
to proceed to Algidum. Then the contest about the law being given up, a
new dispute arose regarding the levy. And the consular authority[132]
was about to be overpowered by tribunitian influence, when an additional
cause of alarm comes on them: that the Sabine army had made a descent
into the Roman lands to commit depredations; that from thence they were
advancing to the city. This fear influenced the tribunes to allow the
levy to proceed, not without a stipulation, however, that since they had
been foiled for five years, and as that was but little protection to the
commons, ten tribunes of the people should henceforward be elected.
Necessity wrung this from the patricians; this exception only they made,
that they should not hereafter re-elect the same tribunes. The election
for the tribunes was held immediately, lest that measure also, like
others, might prove a delusion after the war. On the thirty-sixth year
after the first tribunes, ten were elected, two from each class; and
provision was made that they should be elected in this manner for the
future. The levy being then held, Minucius marched out against the
Sabines, and found no enemy. Horatius, after the Æquans, having put the
garrison at Corbio to the sword, had taken Ortona also, fights a battle
at Algidum; he slays a great number; drives the enemy not only from
Algidum, but from Corbio and Ortona also. Corbio he razed to the ground
for their having betrayed the garrison.
[Footnote 132: _Consulare, imperium tribunicio auxilio_.--The consuls
possessed _imperium_. The tribunes could not be said to possess it.
Their province was confined to _auxilii latio_, sc. adversus consules.]
31. Marcus Valerius and Spurius Virginius are next elected consuls.
Quiet prevailed at home and abroad. They laboured under a scarcity of
provisions on account of the excessive rains. A law was proposed
regarding the making Mount Aventine public property. The same tribunes
of the people being re-elected on the following year, Titus Romilius and
Caius Veturius being consuls, strongly recommended the law[133] in all
their harangues, "That they were ashamed of their number increased to no
purpose, if that question should lie for their two years in the same
manner as it had lain for the whole preceding five." Whilst they were
most busily employed in these matters, an alarming account comes from
Tusculum, that the Æquans were in the Tusculan territory. The recent
services of that state made them ashamed of delaying relief. Both the
consuls were sent with an army, and find the enemy in their usual post
in Algidum. A battle was fought there; upwards of seven thousand of the
enemy were slain; the rest were routed; immense booty was obtained. This
the consuls sold on account of the low state of the treasury; the
proceeding was the cause of dissatisfaction to the army, and it also
afforded to the tribunes materials for bringing a charge against the
consuls before the commons. Accordingly, as soon as they went out of
office, in the consulship of Spurius Tarpeius and Aulus Aterius, a day
was appointed for Romilius by Caius Claudius Cicero, tribune of the
people; for Veturius, by Lucius Alienus, plebeian ædile. They were both
condemned, to the great mortification of the patricians; Romilius to pay
ten thousand _asses_; Veturius, fifteen thousand. Nor did this
misfortune of their predecessors render the new consuls more remiss.
They said that they too might be condemned, and that the commons and
tribunes could not carry the law. Then having thrown up the law, which,
in its repeated publication, had now grown old, the tribunes adopted a
milder mode of proceeding with the patricians. "That they should at
length put an end to their disputes. If plebeian laws displeased them,
at least they should suffer legislators (chosen) in common, both from
the commons and from the patricians, who would propose measures
advantageous to both parties, and such as might tend to the
equalization of liberty." This proposal the patricians did not reject.
They said that "no one should propose laws, except some of the
patricians." When they agreed with respect to the laws, and differed
only with respect to the proposer; ambassadors were sent to Athens,
Spurius Posthumius Albus, Aulus Manlius, Publius Sulpicius Camerinus;
and they were ordered to copy out the celebrated laws of Solon, and to
become acquainted with the institutions, customs, and laws of the other
states of Greece.
[Footnote 133: It is extraordinary that Livy makes no mention here of
Siccius Dentatus, and his strenuous exertions in endeavouring to carry
the agrarian law, as well as of his angry contentions with the consuls.
For his character, see Dion. x. 31, 32.]
32. The year was undisturbed by foreign wars; the following one was
still more quiet, Publius Curiatius and Sextus Quintilius being consuls,
the tribunes observing uninterrupted silence, which was occasioned in
the first place by their waiting for the ambassadors who had gone to
Athens, and for the foreign laws; in the next place, two heavy
calamities arose at the same time, famine and pestilence, (which proved)
destructive to man, and equally so to cattle. The lands were left
desolate; the city exhausted by a constant succession of deaths. Many
and illustrious families were in mourning. The Flamen Quirinalis,
Servilius Cornelius, died; as also the augur, Caius Horatius Pulvillus;
into whose place the augurs elected Caius Veturius, the more eagerly,
because he had been condemned by the commons. The consul Quintilius
died, and four tribunes of the people. The year was rendered a
melancholy one by these manifold disasters; but from an enemy there was
perfect quiet. Then Caius Menenius and Publius Sestius Capitolinus were
elected consuls. Nor was there in that year any external war:
disturbances arose at home. The ambassadors had now returned with the
Athenian laws; the tribunes pressed the more urgently, that a
commencement should at length be made of compiling the laws. It was
resolved that decemvirs should be elected without appeal, and that there
should be no other magistrate during that year. There was, for a
considerable time, a dispute whether plebeians should be admitted among
them: at length the point was given up to the patricians, provided that
the Icilian law regarding the Aventine and the other devoting laws were
not repealed.
33. In the three hundred and first year after Rome was built, the form
of the government was a second time changed, the supreme power being
transferred from consuls to decemvirs, as it had passed before from
kings to consuls. The change was less remarkable, because not of long
duration; for the joyous commencement of that government became too
licentious. So much the sooner did the matter fall, and (the usage) was
recurred to, that the name and authority of consuls was committed to two
persons. The decemvirs appointed were, Appius Claudius, Titus Genucius,
Publius Sestius, Lucius Veturius, Caius Julius, Aulus Manlius, Servius
Sulpicius, Publius Curiatius, Titus Romilius, Spurius Postumius. On
Claudius and Genucius, because they had been elected consuls for that
year, the honour was conferred in compensation for the honour (of the
consulate); and on Sestius, one of the consuls of the former year,
because he had proposed that matter to the senate against the will of
his colleague. Next to these were considered the three ambassadors who
had gone to Athens; at the same time that the honour might serve as a
recompence for so distant an embassy; at the same time they considered
that persons acquainted with the foreign laws would be of use in
digesting the new code of regulations. Other persons made up the number.
They say that persons advanced in years were appointed by the last
suffrages, in order that they might oppose with less warmth the opinions
of others. The direction of the entire government was rested in Appius
through the favour of the commons, and he had assumed a demeanour so
new, that from a severe and harsh reviler of the people, he became
suddenly a protector of the commons, and a candidate for popular favour.
They administered justice to the people one every tenth day. On that day
the twelve fasces attended the præfect of justice; one beadle attended
each of his nine colleagues, and in the singular harmony among
themselves, which unanimity might sometimes prove prejudicial to private
persons, the strictest equity was shown to others. It will suffice to
adduce a proof of their moderation by instancing one matter. Though they
had been appointed without (the privilege of) appeal, yet a dead body
having been found buried in the house of Publius Sestius, a man of
patrician rank, and this having been brought forward in an assembly, in
a matter equally clear and atrocious, Caius Julius, a decemvir,
appointed a day of trial for Sestius, and appeared before the people as
prosecutor (in a matter) of which he was legally a judge; and
relinquished his right, so that he might add what had been taken from
the power of the office to the liberty of the people.
34. Whilst the highest and lowest alike experienced from them this
prompt administration of justice, impartial, as if from an oracle, then
their attention was devoted to the framing of laws; and the ten tables
being proposed amid the intense expectation of all, they summoned the
people to an assembly: and "what may prove favourable, advantageous, and
happy to the commonwealth themselves, and to their children, ordered
them to go and read the laws that were exhibited." "That they had
equalized the rights of all, both the highest and the lowest, as far as
could be devised by the abilities of ten men; that the understanding and
counsels of a greater number might prove more successful; that they
should turn in their minds each particular within themselves, canvass it
in conversation; and bring together under public discussion whatever
might seem an excess or deficiency under each particular. That the Roman
people should have such laws, as the general consent might appear not so
much to have ratified when proposed, as to have proposed from
themselves." When they appeared sufficiently corrected according to
public opinion (as expressed) regarding each chapter of the laws as it
was published, the laws of the ten tables were passed at the assembly
voting by centuries; which, even at the present time, amid this immense
heap of laws crowded one upon the other, still remain the source of all
public and private jurisprudence. A rumour was then spread that two
tables were wanting; on the addition of which a body, as it were, of the
whole Roman law might be completed. The expectation of this, as the day
of election approached, created a desire to appoint decemvirs again. The
commons now, besides that they detested the name of consuls as much as
that of kings, required not even the tribunitian aid, as the decemvirs
in turn submitted to appeal.
35. But when the assembly for electing decemvirs was proclaimed for the
third market-day, so strong a flame of ambition blazed forth, that the
first men of the state began to canvass individuals, (through fear, I
suppose, lest the possession of such high authority might become
accessible to persons not sufficiently worthy, if the post were left
unoccupied by themselves,) suppliantly soliciting for an honour, which
had been opposed by them with all their might, from that commons with
whom they had so often contended. Their dignity now lowered to the risk