Plems Romana, page 8
461 BC: THE DEBATE DEADLOCKED
But the issue would not go away, and this time all the tribunes supported Terentilius. Proceedings were not helped by a number of very ominous portents: an earthquake, a talking cow and raining lumps of meat. The Sibylline Books were duly consulted and revealed that foreigners were about to cause trouble, and political factions should be avoided. The tribunes dismissed this as an invention designed to prevent the discussion of the proposal.
THE SIBYLLINE BOOKS
The Sybil was a prophetess from Cumae (near Naples). She offered King Tarquinius Priscus (p. 38) nine sacred books for 300 gold coins. Rejected, she burned three and offered the remaining six for the same price. Rejected again, she burned three more, and offered the final three at the same price again. Priscus gave up and bought them. These books did not actually foretell the future but gave accurate instructions on how to placate the gods if the omens looked bad. They were lost to fire in 83 BC, but the Senate ordered a commission of three to hunt the Mediterranean for a new set. Christians destroyed them c. AD 400.
At that point it was announced that the Volsci and Aequi were on the march yet again. The tribunes denounced this as an obviously baseless scare-story, designed by the Senate to get the plebs out of the city with a view to taking revenge on the tribunes. They urged the plebs not to exchange their civilian gear for uniforms and allow themselves to be tricked like this into slavery. The military levy went ahead, a riot ensued, and every arrest of a citizen refusing to sign up was challenged by the tribunes. It was chaos. Caeso Quinctius, a hot-headed senator, attempted to take on the tribunes, but the tribune Verginius stood up to him. This only encouraged Caeso to lose his rag completely and leave himself open to serious charges.
Caeso’s father was the patrician Cincinnatus (in Latin, ‘with hair in ringlets’), and he pleaded with the people to forgive his son’s extravagant behaviour. An ex-tribune, Marcus Fictor, then revealed that – during a drunken punch-up in the Subura – Caeso had knocked out his brother and killed him, but Marcus had never been able to get legal satisfaction for this crime.
THE SUBURA
This was the low-life area of Rome, divided from the important Forum area – which was full of monuments – by a magnificent wall (that still stands today). This was a precautionary move: the Subura was a place that often caught fire.
KILLING WITH KINDNESS
This made for a complex legal situation. But it was finally resolved when Caeso went into voluntary exile in Etruria, and his father sold everything to pay a huge fine, which left him penniless and ‘living in a deserted hovel across the Tiber like a banished man’.
Terentilius’ proposed codification of the law, however, was successfully put on hold, mainly because the younger senators, while continuing to resist it, otherwise bent over backwards to strike up friendly relations with the tribunes and the plebs. This enabled the plebs to pass various pieces of legislation without any problems. An uneasy political peace then ruled.
460–451 BC: YEARS OF CHAOS
Around 460 BC, a group of exiles and slaves, led by the Sabine Herdonius, seized the Capitoline ridge, but the town of Tusculum came to Rome’s rescue and the coup was foiled. The Aequi and the Sabines threatened Rome, and Cincinnatus was called from his plough by the Senate to become dictator (p. 50), as a temporary measure, to save the day. This he duly did, famously returning to his plough afterwards. Further attacks by the Aequi and attempts by the Senate to raise troops were hindered (as ever) by the tribunes’ efforts to get Terentilius’ code of law agreed, but in 457 BC the Senate did grant a concession – or was it a sweetener? – that the tribunes’ numbers should be increased from five to ten.
There was a further concession too: it was agreed some land around the Aventine ridge be assigned to plebeians by drawing lots.
451–450 BC: THE RULE OF THE TEN
By now it had become clear even to the tribunes that they needed a different strategy if the law was to be codified. They suggested that a board of legislators should be appointed, consisting of senators and plebs, to investigate the whole question of a new code of law.
Three representatives were sent to Athens to investigate the famous laws of the Athenian statesman Solon and in general to examine the political institutions of various Greek city-states. On the strength of their findings, a board of ten was invited to produce a written code of Roman law.
As a result, after the rule of the kings, and then of the Senate and consuls, came the rule of the ten decemvirs (Latin decem, ‘ten’, compare ‘decimal’; vir, ‘man’, compare ‘virile’).
The code turned out to be a tremendous success, delivering prompt justice enjoyed by the highest and lowest in the state. Further, it was made clear that, while the finest legal minds in Rome had been at work on the code, there was always room for improvement, and, as a result of enthusiastic public engagement with the whole process, various amendments were introduced. Livy comments in his history that the whole initiative ‘equalized the rights of all, both the highest and the lowest’.
But at the same time, it became obvious that more needed to be done, and it was decided to add two more codes to the existing ten. A new committee of decemvirs was elected to oversee this task. It was at this point that serious trouble began.
WHO RULES?
The son of Appius Claudius, true to form, managed to work himself into the presidency of this new committee and proceeded to ensure that his own candidates were appointed.
When the ten decemvirs paraded before the people, each of them was accompanied by twelve attendants (lictors), carrying the dreaded fasces (p. 21). This was tyranny – a powerless Senate, no more consuls or tribunes, no more right of appeal, no help for anyone wrongly accused. And to cap it all, the decemvirs agreed among themselves that no one would argue with one another’s decisions. It soon became clear that Appius Claudius had the plebs as his target: there were to be no more political concessions. This was as unpopular with the Senate as it was with the plebs.
Still, when the two new legal codes were completed, the job of the decemvirs would be done and it was assumed that Rome would revert to republican rule. But when election day arrived, no new officials were nominated, and the Ten paraded with their lictors as before.
ROME AT BAY
It had not escaped the notice of Rome’s enemies that the city was now hopelessly divided. The Sabines invaded, farms were ransacked and burned down, and refugees flooded into the city. The Aequi were also mustering for an attack.
It had been so long since the Roman Senate had been summoned that there were no senators about; they had all departed for their country retreats. The plebs were refusing to enlist. A meeting was called and a few senators turned up – including Marcus Horatius Barbatus, who denounced the Ten and said the real battle was not with Rome’s external enemies, but with the decemvirs. He called them the ‘ten Tarquins’. Not that there was anything in principle wrong with the kings, he said, except their violence and pride. And if that was intolerable in kings, who would endure it in men who held no legal office at all? The Ten had better beware: if they forbade free speech in the Senate, tongues would soon be wagging in the streets:
The self-seeking and greed of tyrants are no match for honest indignation fighting to throw off its chains. The real war which the people of Rome must fight is a war against those who, appointed to office in order to give us laws, have left our country at the mercy of their own whims; it is against those who abolished free elections and annual offices, which are the sole guarantee of liberty for all, who, without any mandate from the people, exercise the power of Kings. Whom do you support? The people? You’ve done nothing for them! The elite? But the Senate has not met for a year, and now that we are met, we are forbidden to discuss the situation. Do not, I warn you, trust that the people will fear the consequences of rebelling. What we are enduring now is worse than anything we may fear in the future.
Much more in this vein followed, but no conclusion was reached. But at least the motion to raise troops was accepted. The results were catastrophic, however, as the troops had no interest in fighting under the orders of the decemvirs. So Rome went into full defensive mode: all men of military age were ordered to be on guard duty.
Meanwhile, in operations on Sabine territory, one Lucius Siccius began urging the soldiers not to fight but to demand the election of tribunes, who had been made powerless during the rule of the decemvirs. He was secretly murdered. The decemvirs, realizing that this was a step too far, gave him a hero’s military funeral at public cost. It made little difference to the plebs’ feelings about them.
ANOTHER LUCRETIA?
Even worse was to follow. Appius Claudius was determined to have his way with a beautiful young girl, Verginia, daughter of a highly respected Roman centurion, Lucius Verginius. Appius ordered a dependant of his, Marcus Claudius, to claim that she was a slave and arrest her as she was going to school.
ROMAN SCHOOLS
Anyone in the Roman world could set up a school as long as he had suitable premises – a shop, a house, a tent, a stoa (a pillared colonnade, giving protection from sun and rain). But education was the sphere of the elite males, who had the leisure to indulge in it, unlike the plebs. It was designed to train them in the art of public speaking, and so give them the ability to win arguments in the law courts and the Senate. Livy invented the school in his account of Appius Claudius and Verginia; girls were educated at home.
This was greeted with outrage, but she was brought before the court, where Marcus said he had excellent evidence that proved she was a slave. Appius, who had put himself in charge of the court, ruled that her father should be called back from military service – after all, Verginia was subject to her father – and in the meantime the girl should be kept in Marcus’ custody.
At that point, Verginia’s fiancé, Icilius, arrived, saying he would do everything in his power to protect his wife-to-be. Appius agreed to release her for one day, and Icilius sent friends at speed to alert Verginius to the situation. Well aware of what was happening, Appius attempted to get a message through to have Verginius arrested, but it was too late.
The next day, Verginius and his daughter arrived at the Forum in mourning garb, and he and Icilius went about the sympathetic, weeping crowd, pleading for their support. Appius paid no attention whatsoever, but as a horrified Livy reports: ‘There and then Appius gave judgement for Marcus and declared Verginia to be his slave.’ This was greeted with incredulity. Verginius threatened force, but Appius commanded his lictors to clear the rebellious crowd so that Marcus could take charge of his slave.
Verginius stood there, helpless, but then asked if he could consult his family nurse privately, to find out if he really was Verginia’s father. Appius agreed, and Verginius moved the nurse and his daughter aside to the shops next to the shrine of Cloacina – where, snatching a knife from a butcher, he cried, ‘My daughter, this is the only way to make you free!’ and stabbed her in the heart. Then, turning to Appius, he exclaimed, ‘May the curse of this blood rest upon your head forever!’ and made his escape through the crowd.
A riot broke out, but the well-liked Lucius Valerius, son of a consul, and consul Marcus Horatius Barbatus took charge and ordered the lictors to refuse to obey Appius because he had no official rank. Appius fled in fear of his life.
BACK TO THE SACRED MOUNT
Verginius raced back to the army, where he told the whole story, including the flight of Appius. The decemvirs’ attempts to assert their authority failed and the whole army marched to Rome, where they urged the plebs to recover their freedom and restore the tribunes. The final result was that the army and the whole military and civilian population decamped to the Sacred Mount in protest, leaving Rome empty except for the Senate, now sitting in complete solitude in the Forum.
The Senate’s political attacks on the decemvirs were so ferocious that they were forced to bow to the weight of opinion, give up their power and yield to the Senate’s authority. Valerius and Horatius were promptly sent to the Sacred Mount to agree terms for the return of the population to Rome. The plebs made it clear that all they wanted was an equitable settlement, i.e. the tribunate restored, together with the right of appeal, and no punishment of those responsible for urging the army and the people to win back their freedoms. They did, however, also express a wish for the decemvirs to surrender and threatened to burn them alive.
449 BC: PLEB POWER INCREASED
Without delay, the plebs and army left the Sacred Mount for Rome, where the demands of the plebs were met in full and new tribunes were elected. Valerius and Horatius were appointed consuls. Further, it was agreed that:
• Any resolution passed by the plebs should be binding upon the whole people (proposed, but not enacted).
• The right of appeal should be widened and guaranteed.
• The sacrosanctity of the tribunes should be restored.
Since political liberty had now been reinstated, the tribunes brought charges against the decemvirs. Appius Claudius, accused of having ‘no part in the mutual compact of civilized men’, was inevitably found guilty, but used the right of appeal – which he had denied to so many others – and was consigned to prison to await a formal trial. When all his appeals for pity failed, he killed himself. In fact, all those who conspired against Verginia met their end.
Meanwhile, the Twelve Tables – the original ten laws, plus the later two – were inscribed in bronze and permanently exhibited for all to read, as were all future laws. No longer were laws ‘suppressed or falsified by the consuls to suit their own convenience’.
RECONCILIATION?
It was inevitable that the patricians would find the restoration of plebeian rights difficult to take, especially as the two consuls, Valerius and Horatius, had proved to be such enthusiastic supporters of the plebs. But the tribune Duilius took upon himself the responsibility of assuring them that the tribunes had no intention of raking up all the old problems, which had now been solved, and that the tribunes would act strictly in accordance with the law in all their political dealings.
PLEB POWER: A SUMMARY OF GAINS
507 BC:
The plebs won the right to appeal against arrest. 494 BC: Two sacrosanct tribunes of the plebs were to be annually appointed by a people’s assembly.
471 BC:
The tribunes were now appointed by the Plebeian Assembly, so that the patricians had no say. The number of tribunes was raised from two to five.
457 BC:
The number of tribunes was raised to ten.
451–450 BC:
The Twelve Tables were inscribed in bronze and exhibited for all to read, as all future laws would be.
449 BC:
It was decided that the right of appeal should be widened and guaranteed; the sacrosanctity of the tribunes should be restored; a very dangerous Sabine assault was foiled. The Senate refused a triumph. But the plebs unanimously voted for it and for the first time it was celebrated without Senatorial authorization.
V
FURTHER PLEBEIAN SUCCESS AND THE EMERGENCE OF CAMILLUS:
449–390 BC
FOREIGN AFFAIRS
Rome’s internal problems had been the subject of much interest, as ever, to the surrounding clans. The Latins and the Hernici remained loyal allies, and sent their congratulations on the recent reconciliation. Not so the Volsci, the Aequi and the Sabines, always on the lookout for weakness in this powerful state. But thanks to the new political settlement, this time Rome had no problem in raising troops, both young and old, to take to the field, and, when they found themselves in a spot of bother against the Aequi, it simply took the consul Valerius reminding the plebs that the decemvirs and Appius were no longer in charge of affairs.
Livy found ringing words to end Valerius’ appeal: ‘Prove today that the heart of a Roman soldier is what it always was before the decemvirs came to their accursed power, and that a Roman’s courage is none the less for his equality before the law!’ Valerius’ victory spurred on Horatius against the Sabines, who proved stern foes, but the Romans eventually came out on top, and the enemy fled, leaving their camp to be plundered at will.
After all their recent internal troubles, the Romans were overjoyed at this double success and the tribunes demanded that the two consuls should be given the public honour of a triumph (p. 155). The senators objected to this on the grounds that it was their job to make the decision, not the plebs’. But the public vote was overwhelming, and the triumph was celebrated at the bidding of the plebs.
448–447 BC: UNEASY CALM
With the end of control by the decemvirs, elections were held for tribunes and consuls. Five of the previous tribunes wanted to be re-elected, but that was against the law. As a result, it was decided for the first time to co-opt patricians as tribunes to make up the numbers. This caused a degree of resentment in one of the tribunes, who over the course of the year was given the nickname ‘Prickly’. The next year’s consuls maintained not just internal but also external peace, though the tensions between patricians and plebs continued.
Livy far-sightedly summarized the situation as follows: ‘True moderation in the defence of political liberties is very difficult to achieve: everyone claims to want equality but makes every effort to come out on top. Our anxiety to avoid domination leads us to practise it ourselves; the injustice we fight, we visit on others, as if the only available choice were to inflict wrong or suffer it.’
