In 391, the people arrogated the right of appointing a part of the legionary tribunes, previously chosen by the consuls.[121]
In 415, the law of Q. Publilius Philo took from the Senate the power of refusing the auctoritas to the laws voted by the comitia, and obliged it to declare in advance if the proposed law were in conformity with public and religious law. Further, the obligation imposed by this law of having always one censor taken from among the plebeians, opened the doors of the Senate to the richest of them, since it was the business of the censor to fix the rank of the citizens, and pronounce on the admission or exclusion of the senators. The Publilian law thus tended to raise the aristocracy of the two orders to the same rank, and to create the nobility (nobilitas), composed of all the families rendered illustrious by the offices they had filled.
Elements of Dissolution.
IV. At the beginning of the fifth century of Rome, the bringing nearer together of the two orders had given a greater consistence to society; but, just as we have seen under the kingly rule, the principles begin to show themselves which were one day to make the greatness of Rome, so now we see the first appearance of dangers which will be renewed unceasingly. Electoral corruption, the law of perduellio, slavery, the increase of the poor class, the agrarian laws, and the question of debts, will come, under different circumstances, to threaten the existence of the Republic. Let us summarily state that these questions, so grave in the sequel, were raised at an early date.
Electoral Corruption.—Fraud found its way into the elections as soon as the number of electors increased and rendered it necessary to collect more suffrages to obtain public charges; as early as 396, indeed, a law on solicitation, proposed by the tribune of the people, C. Pœtelius, bears witness to the existence of electoral corruption.
Law of High-treason.—As early as 305 and 369, the application of the law of perduellio, or design against the Republic, furnished to arbitrary power an arm of which, at a later period, under the emperors, so deplorable a use was made under the name of the law of high-treason.[122]
Slavery.—Slavery presented serious dangers for society, for, on the one hand, it tended, by the lower price of manual labour, to substitute itself for the labour of free men; while, on the other, discontented with their lot, the slaves were always ready to shake off the yoke and become the auxiliaries of all who were ambitious. In 253, 294, and 336, partial insurrections announced the condition already to be feared of a class disinherited of all the advantages, though intimately bound up with all the wants, of ordinary life.[123] The number of slaves increased rapidly. They replaced the free men torn by the continual wars from the cultivation of the land. At a later period, when these latter returned to their homes, the Senate was obliged to support them by sending as far as Sicily to seek wheat to deliver to them either gratis or at a reduced price.[124]
Agrarian Laws.—As to the Agrarian laws and the question of debts, they soon became an incessant cause of agitation.
The kings, with the conquered lands, had formed a domain of the State (ager publicus), one of its principal resources,[125] and generously distributed part of it to the poor citizens.[126] Generally, they took from the conquered peoples two-thirds of their land.[127] Of these two-thirds, “the cultivated part,” says Appian, “was always adjudged to the new colonists, either as a gratuitous grant, or by sale, or by lease paying rent. As to the uncultivated part, which, as a consequence of war, was almost always the most considerable, it was not the custom to distribute it, but the enjoyment of it was left to any one willing to clear and cultivate it, with a reservation to the State of the tenth part of the harvest and a fifth part of the fruits. A similar tax was levied upon those who bred cattle, large or small (in order to prevent the pasture land from increasing in extent to the detriment of the arable land). This was done in view of the increase of the Italic population, which was judged at Rome the most laborious, and to have allies of their own race. But the measure produced a result contrary to that which was expected from it. The rich appropriated to themselves the greatest part of the undistributed lands, and reckoning that the long duration of their occupation would permit nobody to expel them, they bought when they found a seller, or took by force from their neighbouring lesser proprietors their modest heritages, and thus formed vast domains, instead of the mere fields which they had themselves cultivated before.”[128]
The kings had always sought to put a curb on these usurpations,[129] and perhaps it was a similar attempt which cost Servius Tullius his life. But after the fall of the kingly power, the patricians, having become more powerful, determined to preserve the lands which they had unjustly seized.[130]