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The History of Rome, Books 01 to 08

Livy

now formed of those who would demand back their liberty, if the commons would but accompany the senate, and as the patricians, when summoned, did not attend the senate, so the commons also should refuse to enlist." Such were the remarks of the commons. There was scarcely any of the patricians in the forum, and but very few in the city. In disgust with the state of affairs, they had retired into the country, and were attending to their own affairs, renouncing all public concerns, considering that they themselves were aloof from ill-treatment in proportion as they should remove themselves from the meeting and converse of their imperious masters. When those who had been summoned did not assemble, apparitors were despatched to their houses, both to levy the penalties,[142] and to ascertain whether they declined attendance through design? They bring back word that the senate was in the country. This was more pleasing to the decemvirs, than if they brought word that they were present and refused obedience to their commands. They command them all to be sent for, and proclaim a meeting of the senate for the following day; which congregated together in much greater numbers than they themselves had expected. By which proceeding the commons considered that their liberty was betrayed by the patricians, because the senate had obeyed those persons, as if they had a right to compel them, who had already gone out of office; and were but private individuals, were it not for the violence employed by them.[143] [Footnote 140: _Inhibendum_, sc. _adhibendum_--the term _inhibeo_ occurs frequently in this sense, as below, _imperioque inhibendo_. The adjective _imminutis_ also refers evidently to _honoris insignibus_.--_Stroth._] [Footnote 141: The words are, _quum et ipsi invisum consensu imperium, et plebs, quid privatis jus non esset vocandi senatum, non convenire patres interpretarentur_, i. e. while, on the one hand, the decemvirs themselves accounted for the staying away of the senators from the meeting, by the fact of their (the decemvirs') government being disliked by them; whilst, on the other hand, the commons accounted for the non-appearance of the senators by the fact, that being now mere private citizens, their time of office being passed, they (the decemvirs) had no right whatever to convene the senate.--_Stroth._] [Footnote 142: The senators were obliged to attend the meeting of the senate when convened by the magistrate; otherwise a fine was imposed, to insure the payment of which pledges were exacted, which were sold in case of non-payment. See Cicero de Orat. iii. 1. Philip. i. 5.] [Footnote 143: In the original the words are: _quod iis qui jam magistratu abissent, privatisque, si vis abesset_, &c., i. e. who differed in no other respect from mere private citizens, except that they had recourse to violence, which it was competent for the magistrate only to do.] 39. But they showed more obedience in coming into the senate than servility in the sentiments expressed by them, as we have learned. It is recorded that, after Appius's stating the subject of the meeting, and before the opinions were demanded in order, Lucius Valerius Potitus excited a commotion, by demanding permission to express his sentiments concerning the state, and when the decemvirs were prohibiting him with threats, declaring that he would present himself before the people. (We have also heard) that Marcus Horatius Barbatus entered the lists with no less boldness, calling them "ten Tarquins," and reminding them, "that under the leadership of the Valerii and Horatii[144] the kings had been expelled. Nor was it of the mere name that men were then tired, it being that by which it was usual to style Jupiter, and by which Romulus, the founder of the city, and his successors were also styled; a name too which has been retained even in the ceremonies of religion, as a solemn one; that it was the tyranny and arrogance of a king they then detested, which if they were not to be tolerated in one who was both a king himself and the son of a king, who was to tolerate it in so many private citizens? that they should beware lest, by preventing persons from speaking their sentiments freely in the senate, they might oblige them to raise their voice outside the senate-house. Nor could he see how it was less allowable for him, a private citizen, to summon the people to an assembly, than for them to convene the senate. They might try, whenever they pleased, how much more determined a sense of wrong will be found to be in vindicating one's own liberty, than ambition in (vindicating) usurped domination. That they proposed the question concerning the Sabine war, as if the Roman people had any more important war on hand, than that against those who, having been elected for the purpose of framing laws, had left no law in the state; who had abolished elections, annual magistrates, the regular change of rulers, which was the only means of equalizing liberty; who, though private citizens, still possess the fasces and regal dominion. That on the expulsion of the kings, patrician magistrates were appointed, and subsequently, after the secession of the people, plebeian magistrates. To which party, he asked, did they belong? To the popular party? What had they ever done with the concurrence of the people? were they nobles? who for now nearly an entire year have not held a meeting of the senate; and then hold one in such a manner, that they actually prevent numbers from expressing their sentiments regarding the commonwealth; that they should not place too much hope in the fears of others; that the grievances which they are suffering now appear to men more oppressive than any they may have to apprehend." [Footnote 144: Livy's own account of the matter does not justify this claim of the Horatii to having been at the head of the revolution which banished the kings. But Dionysius of Halicarnassus informs us that it was Marcus Horatius who made the army revolt against Tarquinius Superbus, and that the same in his second consulate rendered unavailing all the efforts of Porsenna to restore the Tarquins.] 40. Whilst Horatius was exclaiming in this manner, "and the decemvirs could not discover any limit either to their anger or forbearance, nor could they see to what the thing would come, Caius Claudius, who was uncle to Appius the decemvir, delivered an address more like entreaties than reproach, beseeching him by the shade of his own brother and of his father, that he would hold in recollection the civil society in which he had been born rather than the confederacy nefariously entered into with his colleagues; that he besought this much more on Appius's own account, than for the sake of the commonwealth. For that the commonwealth would assert its rights in spite of them, if it could not obtain them with their consent. But that from great contests great animosities arise; the result of the latter he dreads." Though the decemvirs forbad them to speak on any other subject than that which they had submitted to them, they felt too much respect for Claudius to interrupt him. He therefore concluded his address by moving that it was their wish that no decree of the senate should be passed. And all understood the matter thus, that they were judged by Claudius to be private citizens; and many of the men of consular standing expressed their assent. Another measure proposed, more harsh in appearance, possessed much less efficacy; one which ordered the patricians to assemble to elect an interrex; for by passing any resolution they judged, that those persons who convened the senate were magistrates of some kind or other, whilst the person who recommended that no decree of the senate should be passed, had thereby declared them private citizens. When the cause of the decemvirs was now sinking, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the decemvir, having been purposely reserved from among the consular men to close the debate, by affecting an anxiety about the war, defended his brother and his colleagues thus: saying, "he wondered by what fatality it had occurred, that those who had been candidates for the decemvirate, should attack the decemvirs, either as secondaries,[145] or as principals: or when no one disputed for so many months whilst the state was disengaged, whether legal magistrates had the management of affairs, why do they now sow discord, when the enemies are nearly at the gate; unless that in a state of confusion they think that what they are aiming at will be less seen through." But that it was not just that any one should prejudice so important a cause, whilst our minds are occupied with a more momentous concern. It was his opinion, that the point which Valerius and Horatius urged, viz. that the decemvirs had gone out of office before the ides of May, should be discussed in the senate, when the wars which are now impending are over, and the commonwealth has been restored to tranquillity: and that Appius Claudius should now prepare to take notice that an account is to be rendered by him of the comitia which he himself held for electing decemvirs, whether they were elected for one year, or until the laws which were wanting were ratified. It was his opinion that all other matters should be laid aside for the present, except the war; and if they thought that the reports regarding it were propagated without foundation, and that not only the couriers, but the ambassadors of the Tusculans also had stated what was false, he thought that scouts should be despatched to bring back more certain information; but if credit were given both to the couriers and the ambassadors, that the levy should be held at the very earliest opportunity; that the decemvirs should lead the armies, whither it may seem proper to each; and that no other matter should take precedence. [Footnote 145: The original here is rather obscure. _Aut socii, aut hi maxime._ Crevier prefers to read _aut soli aut hi maxime_. Stroth explains _socii, se socios præbendo_.] 41. The junior patricians succeeded in having this opinion carried. Valerius and Horatius rising again with greater vehemence demanded aloud, "that it should be allowed them to express their sentiments concerning the republic; that they would address the people, if by a faction they were not allowed to do so in the senate. For that private individuals, either in the senate or in a general assembly, could not prevent them; nor would they yield to their imaginary fasces." Appius then considering that the crisis was now nigh at hand, when their authority would be overpowered, unless their violence were resisted with equal boldness: "It will be better," says he, "not to utter a word on any subject, except that which we are now considering: and to Valerius, when he refused to be silent for a private individual, he commands a lictor to proceed." When Valerius, on the threshold of the senate-house, now craved the protection of the citizens, Lucius Cornelius, embracing Appius, put an end to the dispute, not consulting the interest of him whose interest he affected to consult; and permission to speak his sentiments being obtained for Valerius through Cornelius, when this liberty did not extend beyond words, the decemvirs obtained their object. The consulars also and senior members, from the hatred of tribunitian power still rankling in their bosoms, the desire of which they considered was much more keenly felt by the commons than that of the consular power, almost had rather that the decemvirs themselves should voluntarily resign their office at some future period, than that the people should rise once more into consequence through their unpopularity. If the matter, conducted with gentleness, should again