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Φοβηθέντες γὰρ αὐτοῦ οἱ πολλοὶ τὸ μέγεθος τῆς τε κατὰ τὸ ἑαυτοῦ σῶμα παρανομίας ἐς τὴν δίαιταν.... ὡς τυραννίδος ἐπιθυμοῦντι πολέμιοι καθ ÉσTAσAV.—THUCYDIDES, VI. 15.

CHAP. IN the fourteen years which elapsed between the beXIX. ginning of the last war with Veii and the invasion of

Advance of

the plebeians.

The pa

tricians in

the election

the Gauls, the plebeian leaders reaped the fruit of the seed which their predecessors had sown so perseveringly. Now for the first time we find plebeians not only admitted into the college of military tribunes, but forming in it the majority. Yet even this was as it were only the first fruits of the harvest; many years elapsed before the full crop was brought to the sickle.

In the year 352, the third year of the war with Veii, terfere with the Romans intending, as has been mentioned, to of tribunes. blockade the city, were obliged to keep a part of their forces on duty during the winter. This was doubly unpopular, both as it obliged so many citizens to be absent from their homes for several months together, a term of service ill endured by an army of householders and agriculturists; and also as it increased

the

pay CHAP.

XIX.

A.C. 399.

expense of the war; for the soldiers received only for those months in which they were actually under arms. Thus the tribunes began to complain of the burden of the siege, and the indecisive character of the war hitherto was likely to make it unpopular; but when news came that the Roman lines had been destroyed by a sally of the besieged', national pride prevailed, and all ranks united in supporting the contest zealously. But the next year only brought fresh disasters 2: Anxur was surprised by the Volscians, A.U.C. 353. and the armies before Veii were completely defeated, and the blockade entirely raised. Then feelings of irritation revived; and these were so far shared by the senate, that they obliged all the military tribunes of the year to go out of office on the first of October 3, two months and a half before the expiration of their year. The commons, however, were not satisfied; for the first act of the new military tribunes was to call out to military service, not only the citizens within the usual age, but the older men also, who were to form a force for the defence of the city. Such a call, just as winter was coming on, was most unwelcome; besides, every additional soldier rendered a heavier taxation necessary; and as the patricians were continually evading the payment of the vectigal for their occupation of the public land, so the tributum or property-tax necessarily increased in amount. In this state of things, the patricians were so afraid of the possible effects of the tribunician power, that they ventured on the unusual step of tampering with the elections for for new tribunes, which took place in December. The tribune who presided at the comitia must have been gained over to betray his trust; he refused votes, we must suppose, when given in favour

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XIX.

CHAP. of the most popular, and therefore the most obnoxious candidates, whilst others could not gain from the tribes themselves the requisite majority of suffrages. The consequence was that, in defiance of the Trebonian law, only eight tribunes were returned'; and these, by a second violation of the law, filled up the vacant places by choosing two colleagues for themselves.

Plebeians for the first

as tribunes

of the

soldiers.

But this over-straining broke the bow. One honest time elected tribune of the college, Cn. Trebonius, was enough, where the cause was so manifestly just, to awaken the indignation of the commons. Three of the other tribunes, men, as it seems, of those base natures which always follow the stream, now strove to avert their own unpopularity by impeaching the two unfortunate military tribunes who had been defeated before Veii. These were condemned and fined, but their punishment did not abate the storm. The tribunes then proposed an agrarian law; and when this was resisted, they positively refused to allow the tribute to be collected for the benefit of the army at Veii. This stoppage of the supplies brought the soldiers almost to a state of mutiny. We have seen that a custom, so old as to be held equivalent to law, authorized the soldier to practise a summary process of distress upon the paymaster, if his pay was not regularly issued. Thus the law itself seemed to sanction insubordination, if the soldier's right was denied him: so that if the tribunes persisted in forbidding the tribute to be levied, the siege of Veii was inevitably at an end. Then, at last, after an interval of more than forty years, the constitution of the year 312 was fully carried A.U.C. 355. into effect; the elections of military tribunes were left really free, and four out of six of the members of the

A.C. 397.

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9

9 Pignoris capio. See Gaius, IV. $ 27.

9 The names, as given by Livy, are, P. Licinius Calvus, P. Manlius

XIX.

.U.C. 356.

college were chosen from among the plebeians. A CHAP. similar result attended the elections of the year following; four out of six of the tribunes of the soldiers were again chosen from the commons.

A.C. 496.

of the pa

recover the

possession

military

Such a choice, continued for two years successively, Endeavours proves how deep was the indignation excited by the tricians to attempt of the patricians to tamper with the tribune- exclusive ship of the commons. But the influence of an aristo- of the cracy acts through the relations of private life, which tribuneship. are in their very nature permanent, whilst it is opposed only by a strong feeling of anger, or an urgent sense of public interest, both of which exist only in seasons of excitement, and wear out by the mere lapse of time. It happened also that in the last two years Rome had been visited by a winter of such unusual severity, as to appear preternatural, and afterwards, by a pestilence; and such calamities have a well-known tendency to engross men's minds with their own domestic affairs, and to make them regard political questions with indifference. Nor did the patricians fail to represent these visitations as proofs of the displeasure of the gods, who were offended that plebeians had (Mænius being a mere correction by Sigonius), L. Titinius, P. Mælius, L. Furius Medullinus, and L. Publilius Volscus. He calls them all patricians, except Licinius; yet it is certain that all, except L. Furius and P. Manlius, were plebeians. The names are all plebeian; which, although not a decisive argument with respect to the very early times of the Commonwealth, yet becomes a circumstance of great weight in the middle of the fourth century of Rome. Again, the re-appointment of many of the tribunes of this year, four years afterwards, as colleagues of P. Licinius, is a confirmation of their being plebeians. And if we examine the several names, we find a M. Titinius elected tribune of the commons in the year 306, and a Sex. Titinius tribune in the year 316.

10

And the fragments of the Fasti
Capitolini describe P. Mælius as the
son of Sp. Mælius, and give him the
surname of Capitolinus; so that
there is every reason to regard him
as the son of that Mælius who was
murdered by Servilius Ahala in 316,
and whose house, as we know, stood
sufficiently within the precincts of the
Capitoline hill, to entitle him to the
name of Capitolinus. Lastly, Publi-
lius Volscus is described in the Fasti
as "Voleronis Nepos," and as bearing
the surname of Philo; so that there
can be no doubt that he was a de-
scendant of the famous tribune who
carried the Publilian law in the year
283, and of the family of the no less
famous plebeian dictator, who pass-
ed the Publilian laws of the year 416.
Livy, V. 14.

10

XIX.

CHAP. been elected even in the comitia of centuries, which professed to be regulated according to the divine will as observed and declared by the augurs. And still further to secure their object, when the election of military tribunes came on, the most eminent individuals of the noblest families of the patricians appeared as candidates. Accordingly, every place in the college for the year 357" was once more filled by a patrician; and the election of the following year presented the same result.

The commons resist

success.

12

The tribunes of the year 358 appear however to them with have been moderate men; and there was a danger, lest they should hold the comitia fairly, and lest some plebeians might thus again be elected as their successors. Accordingly the senate obliged them all on religious pretences to resign before their year was expired; and an interrex was named to hold the comitia. But the discontent of the commons had been again growing; even in this very year the tribunes had opposed the enlistment of soldiers to meet a new enemy, the people of Tarquinii; and now, when the object of the patricians in appointing an interrex could not be mistaken, they interfered, and would not allow the comitia to be held. The dispute went on for some time, and lasted till a third interrex had been appointed, the famous M. Camillus. But even he, though one of the bitterest enemies of the commons, was on this occasion obliged to yield; either Veii must be relinquished, or the commons must have justice; and accordingly it was agreed that the elections should be held freely, so as to allow a majority in the college to the plebeians 3, and four out of six of the military tribunes were again chosen from the plebeians.

11 Livy, V. 14. 16.

12 Livy, V. 17.

13

13 Livy, V. 18. Fasti Capitolini. Frammenti nuovi, Borghesi. Ac

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