A Manual of Ancient History

by M. E. Thalheimer

At last the noble ladies of Rome, headed by Volum´nia, the mother of Caius, and his wife, Vergil´ia, with her young children, went out in a sad and solemn procession to plead for their sacred city. Coriolanus honored, above all, the mother to whose wise and faithful care he owed his greatness. He sprang to meet her with fitting reverence, but before she would receive his greeting, Volumnia exclaimed: “Let me know whether I stand, in thy camp, thy prisoner or thy mother; whether I am speaking to an enemy or to my son!” Her reproaches silenced Caius; the entreaties of his wife and children, and the tears of the noble ladies, moved him from his purpose. He exclaimed, “Mother, thine is the victory; thou hast saved Rome, but thou hast lost thy son!” He led away the Volscian army. Some say he fell a victim to their revenge; but others, that he lived on among them to extreme old age, and lamented, in the desolateness of his years of infirmity, the factious pride that had exiled him from wife, children, and native land.

43. In the meantime, Rome suffered another visitation of pestilence, in which thousands of people died daily in the streets. The Æquians and Volscians ravaged the country up to the walls of Rome; and in addition to their other miseries, the crowded multitude were threatened with starvation. Their civil grievances were not to be redressed by anything less than a thorough and radical reform. In the year 462 B. C., the tribune Terenti´lius Harsa proposed the appointment of a board of ten commissioners, half patrician and half plebeian, to revise the constitution, define the duties of consuls and tribunes, and frame a code of laws from the mass of decisions and precedents. This movement was the occasion for ten years of violent contention, during which Rome was several times near falling into the hands of the Volscians, and was once actually occupied by a band of exiles and slaves under a Sabine leader, Herdo´nius, who seized the Capitol and demanded the restoration of all banished citizens to their rights in Rome.

44. Chief of the exiles was Kæso Quinc´tius, son of the great Cincinna´tus, who had been expelled for raising riots in the Forum, to prevent any action of the people upon the Terentilian law. The invading party was defeated, and every man slain. The father of Kæso was then consul. In revenge for the fate of his son, he declared that the law should never pass while he was in office; and that he would immediately lead the entire citizen-soldiery out to war, thus preventing a meeting of the tribes. Nay more, the augurs were to accompany him, and so consecrate the ground of the encampment, that a lawful assembly could be held under the absolute power of the consuls, and repeal all the laws which had ever been enacted at Rome under the authority of the tribunes. At the close of his term, Cincinnatus declared that he would appoint a dictator, whose authority would supersede that of all other officers, patrician or plebeian. All these things could be done under the strict forms of the Roman constitution; but the Senate and the wiser patricians saw that the patience of the commons might be taxed too far, and persuaded Cincinnatus to forego so extreme an exercise of his power.

45. War with the Æquians went on, and treaties were only made to be broken. In the year 458 B. C., the entire Roman army was entrapped in a pass of the Alban Hills, surrounded by the enemy, and in imminent danger of destruction. In this crisis, Cincinnatus, who had retired from the consulship to resume his favorite toil of farming, was called to be dictator, with absolute power. The messengers of the Senate found him at his plow, in his little garden-plot across the Tiber. He left the plow in the furrow, hastened to Rome, levied a new army in a single day, went out and defeated the Æquians, and returned the next evening in triumph.

RECAPITULATION.

Consuls are appointed with kingly power, but for a limited time. Rome subject to Porsena. The Latins are defeated at the Lake Regillus. Roman nobles oppress their debtors, and the poor secede. Tribunes of the people and ædiles are appointed. The first Agrarian Law is proposed by Cassius, B. C. 486. To avenge the tyranny of their consuls, the common soldiers refuse to fight. The Fabii take sides with the people, and are destroyed in their colony on the Cremera. The Publilian Laws give the election of officers to the people in their tribes, B. C. 471. War and pestilence. Ten years’ debate upon the Terentilian Laws, which propose a revision of the constitution, B. C. 462-452. The Capitol seized by exiles and Sabines. Cincinnatus, as a noble, opposes the commons, but, as a general, saves Rome.

The Laws of the Twelve Tables.

46. The passage of the Terentilian law was delayed six years, but at length the nobles yielded the main point, and the decemviri were chosen. Though wholly patrician, they were men who enjoyed the confidence of both orders for their proved integrity. Both consuls and tribunes were superseded for the time, and full powers, constituent, legislative, and executive, were intrusted to the Ten. The laws of the Twelve Tables, which were the result of their labors, became the “source of all public and private right” at Rome for many centuries. During the debate upon the bill, commissioners had already been sent to Greece, to study the laws and constitution of the Hellenic states. They returned with an Ionian sophist, Hermodo´rus of Ephesus, who aided in explaining to the lawmakers whatever was obscure in the notes of the commissioners; and so valuable were his services, that he was honored with a statue in the Roman comitium.

47. Only a few points in this celebrated work of legislation can here be noticed. The laws of Rome gave to a father absolute right of property in his family. He might sell his son, his daughter, or even his wife. The latter act, indeed, was denounced as impious by the religious law, but no penalty was attached to it; the curse of the chief pontiff merely marked the guilty person for the wrathful judgments of Heaven. If a father desired to make his son free, the process was more difficult than the emancipation of a slave. The latter, if sold to another master, could be liberated at once, but a son thus sold and liberated returned to the possession of his father. This subjection could only end with the death of the parent, though the son himself might then be an old man. The Twelve Tables enacted that, if a father had three times sold his son, he lost all further control over him; but a son thus emancipated was considered as severed from all relationship with his father, and could no longer inherit his property. Women were all their lives considered as minors and wards. If their father died, they passed under the control of their brothers; or, if they married, they became the absolute property of their husbands. A widow might become the ward of her own son. Marriages between patricians and plebeians were declared unlawful, and children born in such had no claim upon their fathers’ possessions.