The plebeian legions, infuriated by the story of the outrage, as related by Virginius, advanced on the city and invested the Aventine. Icilius in concert with the liberal patricians, L. Valerius Potitus and M. Horatius Barbatus, had already organised a party in Rome; and as the decemvirs, supported by a contingent of the old citizens, persisted in their refusal to relinquish their office, the plebeians, on the advice of M. Duilius, again withdrew in a body to the Sacred Mount on the Anio. This new secession forced the decemvirs to resign; and by means of negotiations with the senate carried on by Valerius and Horatius in the summer of 449, important concessions were gained, which assured—the old order of things having meanwhile been resumed—the future position of the plebs in the Roman state. As before there were appointed two magistrates (Valerius and Horatius being the first to fill this office) elected by the free choice of the citizens, to whom the name consul was now for the first time properly applied, and the plebs were again represented by their tribunes. The only legacy of the decemvirs to be taken up was the new system of laws, the complete revision and codification of all the legal forms and processes that had hitherto been current in Rome. In the “Twelve Tables” the whole Roman people had now a just and uniform code of marriage, property, civil, and criminal laws.[28] Apparently an attempt was made to mitigate their severity in certain respects; but the law of debtor and creditor still remained extremely harsh, and the maintenance of the prohibition against marriage between patricians and plebeians, with the denial of all legal rights to the issue of such marriages, kept alive the most intense phase of the animosity felt toward each other by the divided classes. On the other hand the new statutes sought to overthrow the former evil practices in consequence of which patricians and plebeians accused of capital political crimes were certain to receive severe sentence, the first from the tribal assembly, the second from the curiata. Hereafter the centuriate assembly was to be the sole organ of the people’s will in the trial and judgment of criminal offences. It was apparently at this epoch also that the Romans first caused their raw supplies of copper ore to be minted in copper coins.
Under the conduct of the consuls Horatius and Valerius, and of the able and energetic tribune of the plebs, M. Duilius, the affairs of Rome were soon brought into a condition of order and peace. A series of laws were set in operation which may be looked upon as the Magna Charta of the plebs, and on the proposition of the consuls the right of appeal was confirmed by the centuriate assembly, and given the most solemn and binding form, so that no magistrate (the dictator himself, who had retained all his former power, not excepted) who had pronounced sentence of death without admitting the right of appeal to the people could be a second time elected to office. The inviolability of the people’s tribunes was again declared, and safeguarded anew by a special enactment of the citizens under the sanction of the gods; and, representatives of the entire people as they were henceforth, their official organisation underwent important changes.
Roman Arms and Standard
This was the beginning of the period during which patricians were driven by various causes to seek the protection of the tribunes, and the senate frequently availed itself of their support to break the opposition of the consuls. Their share in the transactions of the senate was now formally recognised; but they could still impose only money penalties on patrician opponents summoned before the tribal assembly, and when they contemplated bringing a capital charge they were obliged to apply first to the patrician magistrate, who would himself lay the charge before the centuriata. With the increase in importance of their position the tribunes received the right to take auspices. The election of quæstors, who as yet acted only in matters of finance, was also given over, in 447, to the tribunes under supervision by the consuls.
The great advance made by the plebs during the crisis the state had passed through was best evidenced by the altered position of the tribal assembly which, in obedience to the Valerio-Horatian law that declared the decisions of the plebs as uttered in the tribal assembly to be binding on the entire people, was given equal rights with the centuriata and elevated beside it to the importance of a second national assembly. Widely different interpretations have been given of the actual functions and position of the tribal assembly up to the time of the Tarentine War; but the views which seem most acceptable state that in order to become laws the decisions of the tributa in general matters, as well as those of the centuriata, needed the sanction of the senate, merely as a form, perhaps, and without any special proviso attached. The position of the senate appears to have remained unchanged in so far as that the tribunes were obliged to take counsel with that body and obtain its consent or authority before undertaking the passage of any measures that might require in their carrying out the full executive machinery of the state. This was the more necessary in that the senate, under the republic, had gradually assumed entire control of the state’s finances; and neither the consuls nor the dictator himself, with all his unlimited power, could touch any of the public funds without the senate’s express consent.
The tribal assembly, unhampered as it was by the complicated business routine that marked the proceedings of the centuriate assembly, offered the best field for the further development of the Roman state. Here the popular assemblies under the tribunes took a leading part in legislation, and the plebeians carried into the camp of the old citizens an active political war that was as ever directed towards levelling the distinctions that still separated them from the aristocratic classes, and gaining for themselves the rights and privileges that should be theirs under an impartial state rule.
Thus we see that from the close of the great crisis the plebs continued to gain ground slowly but surely. Aside from the rustic population, that lived widely scattered in villages or on country estates and were seldom brought into the current of political agitation unless great interests were at stake; there was still another class of plebeians who took no part in the general strife but bent their energies solely towards securing and making permanent their newly won advantage, and establishing peaceful relations with the aristocratic families. These designs were greatly aided by the fact that the leadership in all the upward movements of the plebs fell naturally into the hands of the richest and most able, politically, among them. It was only at a later period, when the issue at stake was the winning of a great political and agricultural victory for the benefit of the entire community, that the lesser and poorer peasant landholders, whose interests were more deeply involved than those of any other class, rose in union and brought to bear on the higher rank that mighty, irresistible pressure which is in their power to exert. Under these conditions the political conflict took on the character of a “class war,” with all the statesmanship, shrewdness, and craft, usual to such contests.
THE CANULEIAN LAW
[445-421 B.C.]