XXXII. In such a manner the senate governed the commonwealth in those days, that though the people were free, still they interfered in but few things. Public affairs were principally managed under the authority, and by the rules and customs of the senate. And although the consuls possessed their power only for a year, it was royal in its nature and effect. And this was strenuously preserved, as necessary to the preservation of the influence of the nobles and principal chiefs, that nothing should be established in the meetings of the people, which was not sanctioned by the authority of the fathers. In these very times too, T. Larcius was appointed dictator, about ten years after the first consuls. A new kind of authority, very much resembling, as we perceive, the royal power. But all great matters were conducted by the authority of the principal men, the people submitting to it. And great events took place in those times in war, under renowned men in the supreme command, from among those very dictators and consuls.
XXXIII. But what belongs to the very nature of things, as that a people emancipated from kings, should take a little more power to themselves; was brought about not long after, about the sixteenth year, in the consulate of Postumus Cominus, and Sp. Cassius. Not in the right way perhaps, but it is of the nature of public affairs frequently to deviate from what is right. For observe what I said in the beginning, that unless an equable compensation prevails in a state, in the laws, in offices, in emoluments; so that the magistrates enjoy their proper degree of power; the chief men their authority in council, and the people their liberties, such a state of the government cannot remain unchanged. For when the city was in commotion on account of the pressure of their debts, the people first occupied the Sacred Mount, then the Aventine. Nor could the discipline even of Lycurgus keep the Greeks within those restraints. In the reign of Theopompus, at Sparta, those five whom they call Ephori; the ten too in Crete, who are called Cosmoi; arose against the royal power, as the tribunes of the people did against the consular authority.
XXXIV. Perhaps there was a mode by which our ancestors might have relieved the pressure of the law of debt, which had not escaped Solon, the Athenian, some short time before, and which our senate adopted not long after, when on account of the infamous conduct of a creditor, the citizens were liberated from the general oppression, and voluntary bondage on account of debt abolished in future.[[18]] And always at such periods, when the common people are exhausted by contributions in times of public calamity, some relief and remedy is to be devised for the common safety. Which the senate having neglected to do, sufficient cause was given to the people to create two tribunes during a sedition of the plebeians, with intent to weaken the power and authority of the senate; which nevertheless remained a grave and great body, bringing forward in the service of the state the wisest and bravest men, and strengthening it by arms and counsel. And their authority was the greater, because far excelling all others in honour, they were less conspicuous for voluptuousness, and not much signalized by their wealth. Their high worth also was the more esteemed in the state, because in private life they diligently assisted individuals by their advice, and by substantial services.
XXXV. In which situation of the republic, the quæstor accused Sp. Cassius, who enjoyed the highest degree of favour with the people, and was contriving a usurpation of the government; and as you have heard, when his own father stated himself to be satisfied of his guilt, the people assenting to it, he put him to death. It was a grateful thing also to the people, when Sp. Tarpeius, and A. Aternius, consuls, about fifty-four years after the first consuls, carried a law in the meetings of the centuries concerning fines. Twenty years afterwards when L. Papirius, and P. Pinarius, censors, by pronouncing fines, converted the strength of the flocks of many private individuals to the public use; a light valuation of cattle was ordained in the law on fines, during the consulate of C. Julius and P. Papirius.
XXXVI. But some years before, when the senate enjoyed the greatest authority, the people being very patient and obedient, a new plan was instituted. The consuls and the tribunes of the people abdicated the magistracy, and ten men were created with the greatest authority, and without appeal, who were to possess the supreme power, and to inscribe the laws. Who when they with great equity and prudence, had written ten tables of laws, appointed ten other decemvirs for the following year, whose faith and justice are not in like manner praised. From which college, however, comes that praiseworthy act of C. Julius, who stated that in his presence a body had been dug out of the chamber of a patrician, L. Sestius. Although he had supreme power, and as decemvir was without appeal, he admitted him to bail, refusing to lose sight of that most excellent law, which forbids sentence to be pronounced on the head of a Roman citizen, unless in the meetings of the centuries.
XXXVII. A third decemviral year followed under the same men, they being unwilling to appoint others. In this condition of the commonwealth, which I have often already stated not to be lasting, because it is not equable to all the orders of the state, the chief men had the whole government in their hands; the most noble decemvirs being always preferred. No tribunes of plebeians opposed to them, no other magistrates associated with them, and no appeal left to the people against death and stripes. Wherefore on account of the injustice of these men, a great disturbance suddenly arose, and a revolution took place in the whole commonwealth. They added two tables of iniquitous laws, in which the very marriages which were even permitted to strangers, were forbidden by an inhuman law, lest the plebeians should connect themselves with the fathers; which law was afterwards abrogated by the plebicist Canuleius. In all things they conducted themselves libidinously, cruelly, and avariciously towards the people. Upon that celebrated and well known affair contained in many literary records, in which one Decimus Virginius on account of the outrage of one of the decemvirs, slew his virgin daughter with his own hand in the Forum, and fled lamenting to the army which was then on Mount Algide; the soldiers abandoned the war they were then engaged in, and as was before done for a similar cause, first came to the sacred mount, and next to the Aventine * * * * *
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XXXVIII. When Scipio had spoken these things, and all by their silence were expecting the remainder.—“Since my seniors here, Africanus,” said Tubero, “ask you no questions, hear from me what I still find wanting in your discourse.” “Most cheerfully,” replied Scipio. “You appear to me,” said he “to have been pronouncing the eulogium of our republic, when Lælius was inquiring not respecting ours, but of government in general. Nor have I learnt from your discourse, by what discipline, or by what customs or laws, a republic like the one you praise, can be constituted or preserved.”
XXXIX. “I think,” said Africanus, “we shall by and by have a more appropriate occasion, Tubero, of discussing the establishment and preservation of states. In respect to the best kind of government, I deem myself to have sufficiently answered the inquiries which Lælius made. First I pointed out three kinds of government that might be endured, and to these three their very pernicious opposites: that no one among them was the best, but that one moderately balanced from all three, was preferable to either of them. That I have availed myself of our state for an example, was not with a view to define the best form of government, for that could be done without an example. But in truth, that a great state might present the very picture, such as reason and language might describe it to be. But if without going to the example of any people, you are desirous of finding that perfect condition of government, then look at the image which nature presents to us * * *
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