[494-466 B.C.]

yet could, by simply declaring their readiness to support the plebeians in their passive stand against the demands of senate and consuls for troops of war, offer effectual opposition to the enforcement of the state's decrees. In this way they came to have a widely extended power of intervention, and at an early date they claimed the right of being present at all meetings of the senate. Unquestionably the mass of the citizens would gladly have seen the plebeian tribunes driven from office, and on both sides party hatred ran high. In this period tradition, untrustworthy as history, places the murder (473) of Genucius, the tribune, and the legend of Coriolanus.

SPURIUS CASSIUS AND THE FIRST AGRARIAN LAW

The taxation abuses and the tyranny of the laws regulating debt, as well as the monopoly by patricians of state domains, had been allowed to go uncorrected until 494. In this year a high-minded citizen, Spurius Cassius Viscellinus, who was appointed consul for the third time in 486 and who then brought about the alliance with the Hernicans, as he had earlier, in 493, brought about that with the Latins, took an important conciliatory step in agrarian matters by proposing that the public lands be surveyed and given out in grants to the poorer plebeians, the remaining portions to be rented to patricians under much stricter conditions of payment than formerly. His law, it appears, was passed, but was never actually enforced.1 Out of revenge his compeers hurled at him the accusation, fatal in republican Rome, of having aspired to mount the throne; and in the following year at the expiration of his term of office he was sentenced to death.

From this time until 466, when it was again driven into oblivion by the pressure of outside wars, the tribunes demanded the full enforcement of the Lex Cassia. Important advance in the development of the constitution was meanwhile made in another direction. With the institution of the tribunes, the informal, irregularly held meetings of the peasant assemblies were organised into the officially recognised diet of the whole plebeian body, which excluding the patricians and their clients (the latter now casting in their votes with the plebeians in the centuriata, thus considerably strengthening the position of the patricians in this assembly) broke up into smaller assemblies presided over by their tribunes and called the comitia tributa (or assembly of the tribes) from the twenty-one district tribes into which the new organisation had divided the plebeians. These assemblies or comitia. offered an opportunity to the tribunes gradually to educate the commonalty up to the high political standard set by the ablest of the plebeians.

In this manner alone could the plebeians develop their full strength and importance as a class, since all the advantages conferred by ancient tradition and political routine, by a clear insight into their own needs, and a firmly established social, religious, and political position, were on the side of the patricians, the plebeians having further to contend against the disadvantage of being widely scattered over a great extent of territory and of having received no preparatory political training or instruction. It was precisely these hindrances to the advancement of their people that the more active

[1 More probably, according to Herzog, m his bill never became a law; and, as no record was made of unpassed bills, we do not know the precise nature of his proposal. Possibly it aimed to give the peasants a better title to the lands they held.]

H. W.-VOL. V. K

[492-452 B.C.] among the tribunes set about to overcome. A series of truly notable plebeian statesmen now came to the fore, the most prominent among them being the Icilii, the Virginii, and later the Duilii.

As early as 492 an Icilius had passed a law making it a punishable crime to interrupt or in any way disturb the tribunes when in the act of laying their criminal decisions before the plebeians in the assembly of the tribes. Furthermore the tribunes, preventing as they did any violent interruption of the process of development by holding the plebeians, in all their upward strivings, strictly to the line of legal right, came to be the most powerful factor in the gradual development and formation of the Roman constitution. In domestic legislation they also constantly took the initiative, being chiefly

concerned in gaining for the tribal assembly and their proceedings — which latter as merely "legislative monologues" had hitherto remained without resulta recognised position in the magistracy of the state. The centuriate assembly was at that time of comparatively little service to the plebeians. The plebeians eligible to vote greatly outnumbered the patricians of the same class; yet the arrangement of "voices" in the centuriata was such that the patricians largely predominated. The first census class consisted of eighty centuries, the mass of the members possessing the least means being united into one, while the second, third, fourth, and fifth census classes- those formed of the peasantry of the middle class-were divided up into ninety centuries.

It was long, however, before the tribunes gained for their tribal assembly the recognition of the state. It was as late as 482, that the commonalty

[1 According to some authorities, he was hurled from the Tarpeian Rock; other ancient writers assert that his father put him to death.]

[482-452 B.C.] was entirely bound to the choice of the consuls and senate in consular elections, and it was only in 473-when the uprising provoked by the murder of the tribune Genucius, brought an able and energetic plebeian, Volero Publilius, forward as leader of the plebs-that any important step was made in advance. In the year 471 this tribune, by securing the passage of a law providing that the election of the tribunes and ædiles should be ratified by the tribal assembly, raised this body to a position beside that of the national assembly as an organ of the state with a special function in state legislation. The right of the plebs to deliberate and render decisions in their separate assemblies was thus recognised, and their hope of one day taking "legislative initiative" made an actual fact. All measures proposed by them, drawn up in the form of petitions to the senate, must pass through the hands of the tribunes, and the senate had no longer the right to reject such proposals straightway, but must first take counsel upon them with the tribunes. In case of approval by the senate the rogations (where they did not relate exclusively to the affairs of the plebeians) were laid before the curiate assembly as the last step preliminary to their passage as laws.1

THE INSTITUTION OF THE DECEMVIRATE

According to the fragmentary accounts that have been handed down there was a long cessation of the civil strife in consequence of the heavy burden of wars and pestilence under which Rome at one time laboured: but the old struggle was finally renewed under conditions that made possible an entire change of tactics on the part of the plebeian leaders. In the year 462 the tribune Caius Terentilius Harsa proposed a measure-adopted the following year by the united college of tribunes-that empowered the commonalty to appoint a committee of five plebeians who should frame certain laws for the limiting and regulating of the arbitrary power of punishment exercised by the consuls in suits against plebeians; just so much judicial power as the plebeian allowed him should the consul wield, but he was not to rule according to his own whim and pleasure. The aim of this measure was to complete the organisation of the plebs as an independent organ of the state, and to restrict as far as possible the functions of patrician magistrates in the administration of justice. It naturally met with the most determined opposition on the part of the older citizens; and even the most liberal and clear sighted among the patrician statesmen were alarmed at this incursion of the plebeians into a new field, since the greatest sufferers from any increase in the rights and independence of the plebs that would inevitably widen the gulf already existing between governing power and people, would be themselves. Bitter and prolonged were the party struggles that ensued, the same tribunes being appointed year after year by the people's assemblies, while the senate and the older citizens, with equal obstinacy, rejected again and again the same old measures. The senate tried to conciliate the plebs by making other concessions, but in vain; finally in the year 457 it gave its consent to the number of the tribunes being increased to ten-a doubtful victory for the plebs, since among so many one or another could surely be found who could be induced by patrician influence

[1 The comitia centuriata was now the great legislative body. At this early period the tribunes could influence legislation by moral suasion or by obstructing the levy of troops, disturbing public business, and threats of violence. The tribal assembly had as yet no legislative power. Cf. Herzog, m]

[454-449 B.C.] to use his right of intercession against any plans of his colleagues that might be troublesome.1

In one of the following years the consuls, A. Aternius and Sp. Tarpeius, passed a law limiting the hitherto unrestricted right of the consuls to impose property fines; according to its terms no man (except in cases of appeal) could be sentenced to a heavier fine than two sheep or thirty head of cattle in one day. In spite of all this the obstinacy of the people's party remained unshaken until the senate finally succeeded in effecting a compromise, whereby the power of the consuls to inflict punishment was considerably lessened, while the dangerous power of initial rogation by the tribunes was completely done away with. Between 454-452 an agreement with the tribunes was reached that both divisions of the Roman people should have a common civil and criminal code, and the codification of the new statute book was intrusted to a commission of ten men appointed by the comitia centuriata. The choice was made in 452, and the commissioners decemvirs, so-called, including none but patricians — entered upon their functions May 15th, 451. A complete reorganisation of the old system being the work in hand, the magistrates, particularly consuls and tribunes, were, according to an ancient custom, suspended from office under a proviso that safeguarded the sworn rights and liberties of the commonalty, while it bound the tribunes not to make appeal to the people, and their full power was given into the hands of the new governing body.

The manner in which the decemvirs at first discharged their duties is well known; so great was the legislative ability they displayed that during their first year of office, 451, they brought to completion the main object of their work. A code was shortly after approved by the senate, and accepted by the comitia centuriata, and affixed in the form of ten copper tablets to the speaker's pulpit in the Forum. Ten new decemvirs were appointed for the year 450, and among these were several plebeians, the first non-aristocratic office holders to act as representatives for the entire Roman people. Whatever may have been the plan of the politicians of that day, it never reached fulfilment; as shortly after the completion of the new code, which comprised in all Twelve Tables, the decemvirate, headed by the brutally arrogant Appius Claudius,2 began to assume the character of the most intolerable despotism. Dissatisfaction reached its height when Appius Claudius and his associates attempted, against all legal right, to retain their office after the 15th of May, 449, and undertook war against the Sabines and the Equians.b

THE STORY OF VIRGINIA TOLD BY DIONYSIUS

A plebeian, whose name was Lucius Virginius, a man inferior to none in military accomplishments, had the command of a century in one of the five legions that were employed against the Equi; this person had a daughter, called from her father, Virginia, who far surpassed all the Roman virgins in beauty, and was promised in marriage to Lucius, formerly a tribune, the

[1 As long as the function of the tribunes was limited to the protection of the weak and to the obstruction of public business, an increase in number added strength; but when they acquired a right to initiate legislation, their great number weakened them, as the text makes clear.]

[2 Recent researches convince Fiske" that Appius Claudius was a liberal, far-sighted statesman, neither brutal nor unnecessarily despotic; but it is hardly probable that anything can now dispel the traditional view. Unfavourable contemporary judgments are seldom reversed by posterity.]

[449 B.C.]

grandson of that Icilius who first instituted, and was first invested with, the tribunitian power. Appius Claudius, the chief of the decemvirs, having seen this virgin, who was now marriageable, as she was reading in a school (for the schools stood at that time near the Forum) he was presently captivated with her beauty, and the violence of his passion forcing him often to return to the school, his frenzy was, by this time, increased. But, finding it impossible for him to marry her, both because she was promised to another, and because he himself was married; and looking upon it, at the same time, to be below him to marry into a plebeian family, and contrary to the law, which he himself had inserted among those of the Twelve Tables, he first endeavoured to corrupt her with money; and, for that purpose, was continually sending some women to her governesses (for Virginia had lost her mother) and gave them much, and promised more. The women he sent to tempt the governesses had orders not to acquaint them with the name of the man who was in love with Virginia, but only that he was a person who had it in his power to do good and bad offices to those he thought fit. When he found himself unable to gain the governesses, and saw the virgin guarded even with greater care than before, his passion was inflamed, and he resolved upon more audacious measures. Then, sending for Marcus Claudius, who was one of his clients, a daring man, and ready for any service, he acquainted him with his passion; and, having instructed him what he would have him do and say, he sent him away, accompanied with a band of the most profligate men. Claudius, going to the school, seized the virgin, and attempted to lead her away publicly through the Forum; but there being an outcry, and a great concourse of people, he was hindered from carrying the virgin to the place he had designed, and addressed himself to a magistrate. This was Appius, who was then sitting alone in the tribunal to hear causes, and administer justice to those who applied for it. But, when Claudius was going to speak, the people, who stood round the tribunal cried out and expressed their indignation, and all desired he might stay till the relations of the virgin were present. And Appius ordered it should be so. In a short time, Publius Numitorius, uncle to Virginia by her mother, a man of distinction among the plebeians, appeared with many of his friends and relations; and, not long after, came Lucius, to whom she had been promised by her father, accompanied with a strong body of young plebeians. He came to the tribunal out of breath, and labouring for respiration, and desired to know who it was had dared to lay hands upon a virgin, who was a Roman citizen, and what he meant by it.

All being silent, Marcus Claudius, who had laid hold on Virginia, spoke as follows: "I have committed neither a rash nor a violent action in relation to this virgin, Appius Claudius; but, as I am her master, I take her according to law. I shall now inform you by what means she is become mine. I have a female slave, who belonged to my father, and has served a great many years. This slave, being with child, was engaged by the wife of Virginius, whom she was acquainted with, and used to visit, to give her the child she should be brought to bed of; and, in performance of this promise, when delivered of this daughter, she pretended to us that she was brought to bed of a dead child, and gave the girl to Numitoria; who, having no children, either male, or female, took the child; and, supposing it, brought it

up.

For a long time, I was ignorant of all this; but now being informed of it, and provided with many credible witnesses, and having also examined the slave, I fly to that law, which is common to all, and determines that the children shall belong to their mothers, not to those who suppose them; that,