History of Rome, books 1-10

the garrison at Corbio in a night attack of the Aequi. The consuls summoned a meeting of the senate; they were ordered to form a

force of all who could bear arms and march to Algidus. The contest about the Law was suspended, and a fresh struggle began about the enlistment. The consular authority was on the point of being overborne by

the interference of the tribunes when a fresh alarm was created. A Sabine army had descended on the Roman fields for plunder, and were approaching the City. Thoroughly alarmed, the tribunes allowed the enrolment to proceed; not, however, without insisting on an agreement that since they had been foiled for five years and but slight protection to the plebeians had so far been

afforded, there should henceforth be ten tribunes of the plebs elected. Necessity extorted this from the senate, with only one condition, that for the future they should not see the same tribunes in two successive years. That this agreement might not, like all the others, prove illusory, when once the

war was over, the elections for tribunes were held at once. The office of tribune had existed for thirty-six years when

for the first time ten were created, two from each class. It was definitely laid down that this should be the rule in all future elections. When the enrolment was completed Minucius advanced against the Sabines, but did not find the enemy. After massacring the garrison at Corbio, the Aequi had captured Ortona; Horatius fought them on Algidus, inflicting great slaughter, and drove them not only from Algidus but also out of Corbio and Ortona; Corbio he totally destroyed on account of their having betrayed the garrison.

M. Valerius and Sp. Vergilius were the new consuls. There was quiet at home and abroad. Owing to excessive rain there was a scarcity of provisions. A law was carried making the Aventine a part of the State domain. The tribunes of the plebs were reelected.

These men in the following year, when T. Romilius and C. Veturius were the consuls, were continually making the Law the staple of all their harangues, and said that they should be ashamed of their number being increased to no purpose, if that matter made as little progress during their two years of office as it had made during the five preceding years.

Whilst the agitation was at its height, a hurried message came from Tusculum to the effect that the Aequi were in the Tusculan territory. The good services which that nation had so lately rendered made the people ashamed to delay sending assistance. Both consuls were sent against the enemy, and found him in his usual position on Algidus.

An action was fought there; above 7000 of the enemy were killed, the rest were put to flight; immense booty was taken. This, owing to the low state of the public treasury, the consuls sold. Their action, however, created ill-feeling in the army, and afforded the tribunes material on which to base an accusation against them.

When, therefore, they went out of office, in which they were succeeded by Spurius Tarpeius and A. Aeternius, they were both impeached —Romilius by C. Calvius Cicero, plebeian tribune, and Veturius by L. Alienus, plebeian aedile.

To the intense indignation of the senatorial party, both were condemned and fined Romilius had to pay 10,000 “ ases,” and Veturius 15,000. The fate of their predecessors did not shake the resolution of the new consuls; they said that while it was quite possible that they might also be condemned, it was not possible for the plebs and its tribunes to carry the Law.

Through long discussion it had become stale, the tribunes now threw it over and approached the patricians in a less aggressive spirit They urged that an end should be put to their disputes and if they objected to the measures adopted by the plebeians they should consent to the appointment of a body of legislators, chosen in equal numbers from plebeians and patricians to enact what would be useful to both orders and secure equal liberty for each.

The patricians thought the proposal worth consideration, they said, however, that no one should legislate unless he were a patrician since they were agreed as to the laws and only differed as to who should enact them. Commissioners were sent to Athens with instructions to make a copy of the famous laws of Solon, and to investigate the institutions, customs, and laws of other Greek States. Their names were Spurius Postumius Albus, A. Manlius, P. Sulpicius Camerinus.

As regards foreign war, the year was a quiet one. The following one, in which P. Curiatius and Sextus Quinctilius were consuls, was still quieter owing to the continued silence of the

tribunes. This was due to two causes: first, they were waiting for the return of the commissioners who had gone to Athens, and the foreign laws which they were to bring; and secondly, two fearful disasters came together, famine and a pestilence which was fatal to men and fatal to cattle. The fields lay waste, the City was depleted by an unbroken series of deaths, many illustrious houses were in

mourning. The Flamen Quirinalis, Servius Cornelius, died, also the augur C. Horatius Pulvillus, in whose place the augurs chose C. Veturius, all the more eagerly because he had been condemned by the

plebs. The consul Quinctilius and four tribunes of the plebs died. The year was a gloomy one owing to the numerous

losses. There was a respite from external enemies. The succeeding consuls were C. Menenius and P. Sestius Capitolinus. This year also was free from war abroad, but commotions began at

home. The commissioners had now returned with the laws of Athens; the tribunes, in consequence, were more insistent that a commencement should at last be made in the compilation of the laws. It was decided that a body of Ten (hence called the “Decemvirs”) should be created, from whom there should be no appeal, and that all other magistrates should be suspended for the

year. There was a long controversy as to whether plebeians should be admitted; at last they gave way to the patricians on condition that the Icilian Law concerning the Aventine and the other sacred laws should not be repealed.

For the second time —in the 301st year from the foundation of Rome —was the form of government changed; the supreme authority was transferred from consuls to decemvirs, just as it had previously passed from kings to consuls.

The change was the less owing to its short duration, for the happy beginnings of that government developed into too luxuriant a growth; hence its early failure and the return to the old practice of entrusting to two men the name and authority of consul.

The decemvirs were Appius Claudius, T. Genucius, P. Sestius, L. Veturius, C. Julius, A. Manlius, P. Sulpicius, P. Curiatius, T. Romilius, and Sp. Postumius.

As Claudius and Genucius were the consuls designate, they received the honour in place of the honour of which they were deprived. Sestius, one of the consuls the year before, was honoured because he had, against his colleague, brought that subject before the senate.

Next to them were placed the three commissioners who had gone to Athens, as a reward for their undertaking so distant an embassage, and also because it was thought that those who were familiar with the laws of foreign States would be useful in the compilation of new ones.

It is said that in the final voting for the four required to complete the number, the electors chose aged men, to prevent any violent opposition to the decisions of the others.

The presidency of the whole body was, in accordance with the wishes of the plebs, entrusted to Appius. He had assumed such a new character that from being a stern and bitter enemy of the people he suddenly appeared as their advocate, and trimmed his sails to catch every breath of popular favour.

They administered justice each in turn, the one who was presiding judge for the day was attended by the twelve lictors, the others had only a single usher each. Notwithstanding the singular harmony which prevailed amongst them —a harmony which under other circumstances might be dangerous to individuals —the most perfect equity was shown to others.

It will be sufficient to adduce a single instance as proof of the moderation with which they acted. A dead body had been discovered and dug up in the house of Sestius, a member of a patrician family.

It was brought into the Assembly. As it was clear that an atrocious crime had been committed, Caius Julius, a decemvir, indicted Sestius, and appeared before the people to prosecute in person, though he had the right to act as sole judge in the case. He waived his right in order that the liberties of the people might gain what he surrendered of his power.

Whilst highest and lowest alike were enjoying their prompt and impartial administration of justice, as though delivered by an oracle, they were at the same time devoting their attention to the framing of the laws.

These eagerly looked for laws were at length inscribed on ten tables which were exhibited in an Assembly specially convened for the purpose. After a prayer that their work might bring welfare and happiness to the State, to them and to their children, the decemvirs bade them go and read the laws which were exhibited.

“As far as the wisdom and foresight of ten men admitted, they had established equal laws for all, for highest and lowest alike; there was, however, more weight in the intelligence and advice of many men.

They should turn over each separate item in their minds, discuss them in conversations with each other, and bring forward for public debate what appeared to them superfluous or defective in each enactment.

The future laws for Rome should be such as would appear to have been no less unanimously proposed by the people themselves than ratified by them on the proposal of others.”

When it appeared that they had been sufficiently amended in accordance with the expression of public opinion on each head, the Laws of the Ten Tables were passed by the Assembly of Centuries. Even in the mass of legislation today, where laws are piled one upon another in a confused heap, they still form the source of all public and private jurisprudence.

After their ratification, the remark was generally made that two tables were still wanting; if they were added, the body, as it might be called, of Roman law would be complete. As the day for the elections approached, this impression created a desire to appoint decemvirs for a second year.

The plebeians had learnt to detest the name of “consul” as much as that of “king,” and now as the decemvirs allowed an appeal from one of their body to another, they no longer required the aid of their tribunes.

But after notice had been given that the election of decemvirs would be held on

the third market day, such eagerness to be amongst those elected displayed itself, that even the foremost men of the State began an individual canvass as humble suitors for an office which they had previously with all their might opposed, seeking it at the hands of that very plebs with which they had hitherto

been in conflict. I think they feared that if they did not fill posts of such great authority, they would be open to men who were not worthy of them. Appius Claudius was keenly alive to the chance that he might not be reelected, in spite of his age and the honours

he had enjoyed. You could hardly tell whether to consider him as a decemvir

or a candidate. Sometimes he was more like one who sought office than one who actually held it; he abused the nobility, and extolled all the candidates who had neither birth nor personal weight to recommend them; he used to bustle about the Forum surrounded by ex-tribunes of the Duellius and Scilius stamp and through them made overtures to the plebeians, until even his colleagues, who till then had been wholly devoted to him, began to watch him, wondering

what he meant. They were convinced that there was no sincerity about it, it was certain that so haughty a man would not exhibit such affability for nothing. They regarded this demeaning of himself and hobnobbing with private individuals as the action of a man who was not so keen to resign office as to discover some way

of prolonging it. Not venturing to thwart his aims openly, they tried to moderate his violence by humouring him. As he was the youngest member of their body, they unanimously conferred on him the office of presiding

over the elections. By this artifice they hoped to prevent him from getting himself elected; a thing which no one except the tribunes of the plebs had ever done, setting thereby the worst of precedents.

However, he gave out that, if all went well, he should hold the elections, and he seized upon what should have been an impediment as a good opportunity for effecting his purpose. By forming a coalition he secured the rejection of the two Quinctii — Capitolinus and Cincinnatus —his own uncle, C. Claudius, one of the firmest supporters of the nobility, and other citizens of

the same rank. He procured the election of men who were very far from being their equals either socially or politically, himself amongst the first, a step which respectable men disapproved of; all the more because no one had supposed that he would have the audacity

to take it. With him were elected M. Cornelius Maluginensis, M. Sergius, L. Minucius, Q. Fabius Vibulanus, Q. Poetilius, T. Antonius Merenda, K. Duillius, Sp. Oppius Cornicen, and Manlius Rabuleius.

This was the end of Appius' assumption of a part foreign to his nature. From that time his conduct was in accordance with his natural disposition, and he began to mould his new colleagues, even before they entered on office, into the lines of his own character.

They held private meetings daily; then, armed with plans hatched in absolute secrecy for exercising unbridled power, they no longer troubled to dissemble their tyranny, but made themselves difficult of access, harsh and stern to those to whom they granted interviews.

So matters went on till the middle of May. At that period, May 15, was the proper time for magistrates to take up their office. At the outset, the first day of their government was marked by a demonstration which aroused great fears. For, whereas the previous decemvirs had observed the rule of only one having the “ fasces ” at a time and making this emblem of royalty go to each in turn, now all the Ten suddenly appeared, each with his twelve lictors.

The Forum was filled with one hundred and twenty lictors, and they bore the axes tied up in the “ fasces.” The decemvirs explained it by saying that as they were invested with absolute power of life and death, there was no reason for the axes being removed.

They presented the appearance of ten kings, and manifold fears were entertained not only by the lowest classes but even by the foremost of the senators. They felt that a pretext for commencing bloodshed was being sought for, so that if any one uttered, either in the senate or amongst the people, a single word which reminded them of liberty, the rods and axes would instantly be made ready for him, to intimidate the rest.

For not only was there no protection in the people now that the right of appeal to them was withdrawn, but the decemvirs had mutually agreed not to interfere with each other's sentences, whereas the previous decemvirs had allowed their judicial decisions to be revised on appeal to a colleague, and certain matters which they considered to be within the jurisdiction of the people they had referred to them.

For some time they inspired equal terror in all, gradually it rested wholly on the plebs. The patricians were unmolested; it was the men in humble life for whom they reserved their wanton and cruel treatment. They were solely swayed by personal motives, not by the justice of a cause, since influence had with them the force of equity.

They drew up their judgments at home and pronounced them in the Forum; if any one appealed to a colleague, he left the presence of the one to whom he had appealed bitterly regretting that he had not abided by the first sentence.

A belief, not traceable to any authoritative source, had got abroad that their conspiracy against law and justice was not for the present only, a secret and sworn agreement existed amongst them not to hold any elections, but to keep their power, now they had once obtained it, by making the decemvirate perpetual.

The plebeians now began to study the faces of the patricians, to catch haply some gleam of liberty from the men from whom they had dreaded slavery and through that dread had brought the commonwealth into its present condition.

The leaders of the senate hated the decemvirs, and hated the plebs; they did not approve of what was going on, but they thought that the plebeians deserved all that they got,

and refused to help men who by rushing too eagerly after liberty had fallen into slavery.

They even increased the wrongs they suffered, that through their disgust and impatience at the present conditions they might begin to long for the former state of things and the two consuls of old. The greater part of the year had now elapsed; two tables had been added to the ten of the previous year; if these additional laws were passed by the “ Comitia Centuriata ” there was no reason why the decemvirate should be any longer considered necessary.

Men were wondering how soon notice would be given of the election of consuls; the sole anxiety of the plebeians was as to the method by which they could reestablish that bulwark of their liberties, the power of the tribunes, which was now suspended.

Meantime nothing was said about any elections. At first the decemvirs had bid for popularity by appearing before the plebs, surrounded by ex-tribunes, but now they were accompanied

by an escort of young patricians, who crowded round the tribunals, maltreated the plebeians and plundered their property, and being the stronger, succeeded in getting whatever they had taken a fancy to.

They did not stop short of personal violence, some were scourged, others beheaded, and that this brutality might not be gratuitous, the punishment of the owner was followed by a grant of his effects. Corrupted by such bribes, the young nobility not only declined to oppose the lawlessness of the decemvirs, but they openly showed that they preferred their own freedom from all restraints to the general liberty.

The fifteenth of May arrived, the decemvirs' term of office expired, but no new magistrates were appointed. Though now only private citizens, the decemvirs came forward as determined as ever to enforce their authority and retain all the emblems of power.

It was now in truth undisguised monarchy. Liberty was looked upon as for ever lost, none stood forth to vindicate it, nor did it seem likely that any one would do so. Not only had the people sunk into despondency themselves but they were beginning to be despised by their neighbours, who scorned the idea of sovereign power existing where there was no liberty.

The Sabines made an incursion into Roman territory in great force, and carrying their ravages far and wide, drove away an immense quantity of men and cattle to Eretum, where they collected their scattered forces and encamped in the hope that the distracted state of Rome would prevent an army from being raised. Not only the messengers who brought the information but the country people who were flying into the City created a panic.

The decemvirs, hated alike by the senate and the plebs, were left without any support, and whilst they were consulting as to the necessary measures, Fortune added a fresh cause of alarm.

The Aequi, advancing in a different direction, had entrenched themselves on Algidus, and from there were making predatory incursions into the territory of Tusculum. The news was brought by envoys from Tusculum who implored assistance. The panic created unnerved the decemvirs, and seeing the City encompassed by two separate wars they were driven to consult the senate.

They gave orders for the senators to be summoned, quite realising what a storm of indignant resentment was awaiting them, and that they would be held solely responsible for the wasted territory and the threatening dangers.

This, they expected, would lead to an attempt to deprive them of office, unless they offered a unanimous resistance, and by a sharp exercise of authority on a few of the most daring spirits repress the attempts of the others.

When the voice of the crier was heard in the Forum calling the patricians to the Senate-house to meet the decemvirs, the novelty of it, after so long a suspension of the meetings of the senate, filled the plebeians with astonishment. “What,” they asked, “has happened to revive a practice so long disused? We ought to be grateful to the enemy who are menacing us with war, for causing anything to happen which belongs to the usage of a free State.”

They looked in every part of the Forum for a senator, but seldom was one recognised; then they contemplated the Senate-house and the solitude round the decemvirs.

The latter put it down to the universal hatred felt for their authority, the plebeians explained it by saying that the senators did not meet because private citizens had not the right to summon them. If the plebs made common cause with the senate, those who were bent on recovering their liberty would have men to lead them, and as the senators when summoned would not assemble, so the plebs must refuse to be enrolled for service. Thus the plebeians expressed their opinions. As to the senators, there was hardly a single member of the order in the Forum, and very few in the City.

Disgusted with the state of matters they had retired to their country homes and were attending to their own affairs, having lost all interest in those of the State. They felt that the more they kept away from any meeting and intercourse with their tyrannical masters the safer would it be for them.

As, on being summoned, they did not come, the ushers were despatched to their houses to exact the penalties for non-attendance and to ascertain whether they absented themselves of set purpose. They took back word that the senate was in the country. This was less unpleasant for the decemvirs than if they had been in the City and had refused to recognise their authority.