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The History of Rome, Books 01 to 08

Livy

the Roman dominion increased. You do well to be dissatisfied now with a plebeian consul, when your ancestors disdained not foreigners as kings, and when, even after the expulsion of kings, the city was not shut against foreign merit. After the expulsion of the kings, we certainly admitted the Claudian family from the Sabine country not only into citizenship, but even into the number of the patricians. Can a man from a foreigner be made a patrician, then a consul? shall a Roman citizen, if he belong to the commons, be precluded from all hope of the consulate? Do we then deem it impossible that a man of the commons can be a person of fortitude and activity, qualified to excel both in peace and war, tyke to Numa, Lucius Tarquinius, and Servius Tullius? Or, should such appear, shall we not suffer him to meddle with the helm of government? or shall we have consuls like the decemvirs, the most abandoned of mortals, who were, however, all patricians, rather than like the best of kings, though new men? 4. "But (I may be told) no commoner has been consul since the expulsion of the kings. What then? ought no innovation to be introduced? and what has not yet been practised, (and in a new state there are many things not yet practised,) ought not even such measures, even though they be useful, be adopted? During the reign of Romulus there were no pontiffs, nor augurs: they were appointed by Numa Pompilius. There was no census in the state, nor the distribution of centuries and classes; it was introduced by Servius Tullius: there never had been consuls; they were created after the expulsion of the kings. Of a dictator neither the office nor the name had existed; it commenced its existence among the senators. There were no tribunes of the people, ædiles, nor quæstors: it was resolved that those officers should be appointed. Within the last ten years we both created decemvirs for compiling laws, and we abolished them. Who can doubt but that in a city doomed for eternal duration, increasing to an immense magnitude, new civil offices, priesthoods, rights of families and of individuals, may be established? This very matter, that there should not be the right of intermarriage between patricians and commons, did not the decemvirs introduce within the last few years to the utmost injury of the commons, on a principle most detrimental to the public? Can there be a greater or more marked insult, than that one portion of the state, as if contaminated, should be deemed unworthy of intermarriage? What else is it than to suffer exile within the same walls, actual rustication? They wish to prevent our being mixed with them by affinity or consanguinity; that our blood be not mingled with theirs. What? if this cast a stain on that nobility of yours, which most of you, the progeny of Albans or Sabines, possess, not in right of birth or blood, but by co-optation into the patricians, having been elected either by the kings, or after the expulsion of kings, by order of the people, could ye not keep it pure by private regulations, by neither marrying into the commons, and by not suffering your daughters or sisters to marry out of the patricians. No one of the commons would offer violence to a patrician maiden; such lust as that belongs to the patricians. None of them would oblige any man against his will to enter into a marriage contract. But really that such a thing should be prevented by law, that the intermarriage of the patricians and plebeians should be interdicted, that it is which is insulting to the commons. Why do you not combine in enacting a law that there shall be no intermarriage between rich and poor? That which has in all places and always been the business of private regulations, that a woman might marry into whatever family she has been engaged to, and that each man might take a wife out of whatever family he had contracted with, that ye shackle with the restraints of a most tyrannical law, by which ye sever the bonds of civil society and split one state into two. Why do ye not enact a law that a plebeian shall not dwell in the neighbourhood of a patrician? that he shall not go the same road with him? that he shall not enter the same banquet with him? that he shall not stand in the same forum? For what else is there in the matter, if a patrician man wed a plebeian woman, or a plebeian a patrician? What right, pray, is thereby changed? the children surely go with the father. Nor is there any thing which we seek from intermarriage with you, except that we may be held in the number of human beings and fellow citizens; nor is there any reason why ye contest the point, except that it delights you to strive for insult and ignominy to us. 5. "In a word, whether is the supreme power belonging to the Roman people, or is it yours? Whether by the expulsion of kings has dominion been acquired for you or equal liberty for all? It is fitting that the Roman people should be allowed to enact a law, if it please. Or will ye decree a levy by way of punishment, according as each bill shall be proposed? and as soon as I, as tribune, shall begin to call the tribes to give their votes, will you, forthwith, as consul, force the younger men to take the military oath, and lead them out to camp? and will you threaten the commons? will you threaten the tribune? What, if you had not already twice experienced how little those threats availed against the united sense of the people? Of course it was because you wished to consult for our interest, that you abstained from force. Or was there no contest for this reason, that the party which was the stronger was also the more moderate? Nor will there be any contest now, Romans: they will try your spirit; your strength they will not make trial of. Wherefore, consuls, the commons are prepared to accompany you to these wars, whether real or fictitious, if, by restoring the right of intermarriage, you at length make this one state; if they can coalesce, be united and mixed with you by private ties; if the hope, if the access to honours be granted to men of ability and energy; if it is lawful to be in a partnership and share of the government; if, what is the result of equal freedom, it be allowed in the distribution of the annual offices to obey and to govern in their turns. If any one shall obstruct these measures, talk about wars, multiply them by report; no one will give in his name, no one will take up arms, no one will fight for haughty masters, with whom there is no participation of honours in public, nor of intermarriage in private." 6. When both the consuls came forward into the assembly, and the matter had changed from a long series of harangues to altercation, the tribune, on asking why it was not right that a plebeian should be made a consul, an answer was returned truly perhaps, though by no means expediently for the present contest, "that no plebeian could have the auspices, and for this reason the decemvirs had prohibited the intermarriage, lest from uncertainty of descent the auspices might be vitiated." The commons were fired with indignation at this above all, because, as if hateful to the immortal gods, they were denied to be qualified to take auspices. And now (as the commons both had a most energetic supporter in the tribune, and they themselves vied with him in perseverance) there was no end of the contentions, until the patricians, being at length overpowered, agreed that the law regarding intermarriage should be passed, judging that by these means most probably the tribunes would either give up altogether or postpone till after the war the question concerning the plebeian consuls; and that in the mean time the commons, content with the intermarriage-law (being passed,) would be ready to enlist. When Canuleius was now in high repute by his victory over the patricians and by the favour of the commons, the other tribunes being excited to contend for their bill, set to work with all their might, and, the accounts regarding the war augmenting daily, obstruct the levy. The consuls, when nothing could be transacted through the senate in consequence of the opposition of the tribunes, held meetings of the leading men at their own houses. It was becoming evident that they must concede the victory either to the enemies or to their countrymen. Valerius and Horatius alone of the consulars did not attend the meetings. The opinion of Caius Claudius was for arming the consuls against the tribunes. The sentiments of the Quintii, both Cincinnatus and Capitolinus, were averse to bloodshed, and to violating (persons) whom by the treaty concluded with the commons they had admitted to be sacred and inviolable. Through these meetings the matter was brought to this, that they suffered tribunes of the soldiers with consular authority to be elected from the patricians and commons without distinction; that with respect to the election of consuls no change should be made; and with this the tribunes were content, as were also the commons. An assembly is now proclaimed for electing three tribunes with consular power. This being proclaimed, forthwith whoever had contributed to promote sedition by word or deed, more particularly men who had been tribunes, began to solicit support and to bustle about the forum as candidates; so that despair, in the first instance, of obtaining the honour, by reason of the irritated state of the people's mind, then indignation at having to hold the office with such persons, deterred the patricians; at length however, being forced, they stood as candidates, lest they might appear to have relinquished all share in the government. The result of this election showed that the sentiments of persons in the struggle for liberty and dignity are different from those they feel when the contest is laid aside, the judgment being unbiassed; for the people elected all patricians as tribunes, content with this, that the plebeians had been taken into account. Where could you now find in an individual such moderation, disinterestedness, and elevation of mind, as was then displayed by the entire people? 7. In the three hundred and tenth year after the city of Rome was built, for the first time military tribunes in the room of consuls enter into office, Aulus Sempronius Atratinus, Lucius Atilius, Titus Clælius; in whose office the concord prevailing at home afforded peace also abroad. There are some who, without mentioning the proposal of the law concerning the election of consuls from among the commons, say that three military tribunes were elected on account of the Veientian war being added to the war of the Æquans and the Volscians and to the revolt of the Ardeates, because two consuls could not execute so many wars together, these tribunes being invested also with the authority and insignia of consuls. The jurisdiction of that office however did not stand on a firm footing, because the third month after they entered on the office, they resigned the honour, in pursuance of a decree of the augurs, as if unduly elected; because Caius Curtius, who had presided at the election, had not selected his tent with due regard to ceremony. Ambassadors came to Rome from Ardea complaining of the injustice in such a manner, that it appeared that, if it were redressed, they would continue in amity and the observance of the treaty, on the restitution of their land. The answer returned by the senate was: "that the judgment of the people could not be rescinded by the senate, besides such a measure could not be adopted on precedent or with justice;, as an additional reason also for the purpose of preserving concord between the several orders of the state. If the Ardeans were willing to abide a seasonable conjuncture, and leave to the senate the mode of redressing