General History for Colleges and High Schools

by P. V. N. Myers

CINCINNATUS MADE DICTATOR.—The enemies of Rome, taking advantage of the dissensions of the nobles and commons, pressed upon the frontiers of the republic on all sides. In 458 B.C., the Æquians, while one of the consuls was away fighting the Sabines, defeated the forces of the other, and shut them up in a narrow valley, whence escape seemed impossible. There was great terror in Rome when news of the situation of the army was brought to the city.

The Senate immediately appointed Cincinnatus, a noble patrician, dictator. The ambassadors that carried to him the message from the Senate found him upon his little farm near the Tiber, at work behind the plough. Accepting the office at once, he hastily gathered an army, marched to the relief of the consul, captured the entire army of the Æquians, and sent them beneath the yoke. [Footnote: This was formed of two spears thrust firmly into the ground and crossed a few feet from the earth by a third. Prisoners of war were forced to pass beneath this yoke as a symbol of submission.] Cincinnatus then led his army back to Rome in triumph, laid down his office, and sought again the retirement of his farm.

THE DECEMVIRS AND THE TABLES OF LAWS.—Written laws are always a great safeguard against oppression. Until what shall constitute a crime and what shall be its penalty are clearly written down and well known and understood by all, judges may render unfair decisions, or inflict unjust punishment, and yet run little risk—unless they go altogether too far—of being called to an account; for no one but themselves knows what the law or the penalty really is. Hence in all struggles of the people against the tyranny of the ruling class, the demand for written laws is one of the first measures taken by the people for the protection of their persons and property. Thus we have seen the people of Athens, early in their struggle with the nobles, demanding and obtaining a code of written laws (see p. 119). The same thing now took place at Rome. The plebeians demanded that a code of laws be drawn up, in accordance with which the consuls, who exercised judicial powers, should render their decisions. The patricians offered a stubborn resistance to their wishes, but finally were forced to yield to the popular clamor.

A commission was sent to the Greek cities of Southern Italy and to Athens to study the Grecian laws and customs. Upon the return of this embassy, a commission of ten magistrates, who were known as decemvirs, was appointed to frame a code of laws (451 B.C.). These officers, while engaged in this work, were also to administer the entire government, and so were invested with the supreme power of the state. The patricians gave up their consuls and the plebeians their tribunes. At the end of the first year, the task of the board was quite far from being finished, so a new decemvirate was elected to complete the work. Appius Claudius was the only member of the old board that was returned to the new.

The code was soon finished, and the laws were written on twelve tablets of brass, which were fastened to the rostrum, or orator's platform in the Forum, where they might be seen and read by all. These "Laws of the Twelve Tables" were to Roman jurisprudence what the good laws of Solon (see p. 120) were to the Athenian constitution. They formed the basis of all new legislation for many centuries, and constituted a part of the education of the Roman youth—every school-boy being required to learn them by heart.

MISRULE AND OVERTHROW OF THE DECEMVIRS.—The first decemvirs used the great power lodged in their hands with justice and prudence; but the second board, under the leadership of Appius Claudius, instituted a most infamous and tyrannical rule. The result was a second secession of the plebeians to the Sacred Hill. This procedure, which once before had proved so effectual in securing justice to the oppressed, had a similar issue now. The situation was so critical that the decemvirs were forced to resign. The consulate and the tribunate were restored. Eight of the decemvirs were forced to go into exile; Appius Claudius and one other, having been imprisoned, committed suicide.

CONSULAR, OR MILITARY TRIBUNES.—The overthrow of the decemvirate was followed by a long struggle between the nobles and the commons, which was an effort on the part of the latter to gain admission to the consulship; for up to this time only a patrician could hold that office. The contention resulted in a compromise. It was agreed that, in place of the two consuls, the people might elect from either order magistrates, who should be known as "military tribunes with consular powers." These officers, whose numbers varied, differed from consuls more in name than in functions or authority. In fact, the plebeians had gained the office, but not the name (444 B.C.).

THE CENSORS.—No sooner had the plebeians virtually secured admission to the consulship, than the jealous and exclusive patricians commenced scheming to rob them of the fruit of the victory they had gained. They effected this by taking from the consulate some of its most distinctive duties and powers, and conferring them upon two new patrician officers called censors. The functions of these magistrates were many and important. They took the census, and thus assigned to every man his position in the different classes of the citizens; and they could, for immorality or any improper conduct, not only degrade a man from his rank, but deprive him of his vote. It was their duty to watch the public morals and in case of necessity to administer wholesome advice. Thus we are told of their reproving the young Romans for wearing tunics with long sleeves— an Oriental and effeminate custom—and for neglecting to marry upon arriving at a proper age. From the name of these Roman officers comes our word censorious, meaning fault-finding.

The first censors were elected probably in the year 444 B.C.; about one hundred years afterwards, in 351 B.C., the plebeians secured the right of holding this office also.

SIEGE AND CAPTURE OF VEII.—We must now turn to notice the fortunes of Rome in war. Almost from the founding of the city, we find its warlike citizens carrying on a fierce contest with their powerful Etruscan neighbors on the north. Veii was one of the largest and richest of the cities of Etruria. Around this the war gathered. The Romans, like the Grecians at Troy, attacked its walls for ten years. The length of the siege, and the necessity of maintaining a force permanently in the field, led to the establishment of a paid standing army; for hitherto the soldier had not only equipped himself, but had served without pay. Thus was laid the basis of that military power which was destined to effect the conquest of the world, and then, in the hands of ambitious and favorite generals, to overthrow the republic itself.