CHAPTER VIII. THE CONTEST OF THE PLEBEIANS FOR CIVIL RIGHTS.

The plebeians were now (about 475) as numerous as the patricians, if

not more so. Their organization had become perfected, and many of their

leaders were persistent in their efforts to better the condition

of their followers. Their especial aim was to raise their civil and

political rights to an equality with those of the patricians. The

struggle finally culminated in the murder of one of the Tribunes, Gnarus

Genucius, for attempting to veto some of the acts of the Consuls.

VALERO PUBLILIUS, a Tribune, now (471) proposed and carried,

notwithstanding violent opposition by the patricians, a measure to the

effect that the Tribunes should hereafter be chosen in the _Comitia

Tributa_, instead of the _Comitia Centuriata_. Thus the plebeians

gained a very important step. This bill is called the PUBLILIAN LAW

(_Plebiscitum Publilium_). (Footnote: All bills passed in the Comitia

Tributa were called Plebiscita, and until 286 were not necessarily

binding upon the people at large; but this bill seems to have been

recognized as a law.)

For the next twenty years the struggle continued unabated. The plebeians

demanded a WRITTEN CODE OF LAWS.

We find among all early peoples that the laws are at first the unwritten

ones of custom and precedent. The laws at Rome, thus far, had been

interpreted according to the wishes and traditions of the patricians

only. A change was demanded. This was obtained by the TERENTILIAN

ROGATION, a proposal made in 461 by Gaius Terentilius Harsa, a Tribune,

to the effect that the laws thereafter be written. The patrician

families, led by one Kaeso Quinctius, made bitter opposition. Kaeso

himself, son of the famous Cincinnatus, was impeached by the Tribune and

fled from the city.

Finally it was arranged that the Comitia Centuriata should select from

the people at large ten men, called the DECEMVIRATE, to hold office for

one year, to direct the government and supersede all other magistrates,

and especially to draw up a code of laws to be submitted to the people

for approval. A commission of three patricians was sent to Athens to

examine the laws of that city, which was now (454) at the height of

its prosperity. Two years were spent by this commission, and upon their

return in 452 the above mentioned Decemvirate was appointed.

The laws drawn up by this board were approved, engraved on ten tables of

copper, and placed in the Forum in front of the Senate-House. Two more

tables were added the next year. These TWELVE TABLES were the only Roman

code.

The DECEMVIRI should have resigned as soon as these laws were approved,

but they neglected to do so, and began to act in a cruel and tyrannical

manner. The people, growing uneasy under their injustice, finally

rebelled when one of the Decemviri, Appius Claudius, passed a sentence

that brought an innocent maiden, Virginia, into his power. Her father,

Virginius, saved his daughter's honor by stabbing her to the heart, and

fleeing to the camp called upon the soldiers to put down such wicked

government.

A second time the army deserted its leaders, and seceded to the SACRED

MOUNT, where they nominated their own Tribunes. Then, marching into the

city, they compelled the Decemviri to resign.

The TWELVE TABLES have not been preserved, except in fragments, and we

know but little of their exact contents. The position of the debtor

was apparently made more endurable. The absolute control of the _pater

familias_ over his family was abolished. The close connection heretofore

existing between the clients and patrons was gradually relaxed, the

former became less dependent upon the latter, and finally were absorbed

into the body of the plebeians. _Gentes_ among the plebeians now began

to be recognized; previously only the patricians had been divided into

_gentes_.

Thus we see, socially, the two orders were approaching nearer and

nearer.

In 449 Valerius and Horatius were elected Consuls, and were instrumental

in passing the so called VALERIO-HORATIAN laws, the substance of which

was as follows:--

I. Every Roman citizen could appeal to the Comitia Centuriata against

the sentence of any magistrate.

II. All the decisions of the Comitia Tributa (_plebiscita_), if

sanctioned by the Senate and Comitia Centuriata, were made binding

upon patricians and plebeians alike. This assembly now became of equal

importance with the other two.

III. The persons of the Tribunes, Aediles, and other plebeian officers,

were to be considered sacred.

IV. The Tribunes could take part in the debates of the Senate, and veto

any of its decisions.

Two years later (447), the election of the Quaestors, who must still be

patricians, was intrusted to the Comitia Tributa. Heretofore they had

been appointed by the Consuls.

In 445 the Tribune Canuleius proposed a bill which was passed,

and called the CANULEIAN LAW, giving to the plebeians the right of

intermarriage (_connubium_) with the patricians, and enacting that all

issue of such marriages should have the rank of the father.

Canuleius also proposed another bill which he did not carry; viz. that

the consulship be open to the plebeians. A compromise, however, was

made, and it was agreed to suspend for a time the office of Consul, and

to elect annually six MILITARY TRIBUNES in the Comitia Centuriata, the

office being open to all citizens. The people voted every year whether

they should have consuls or military tribunes, and this custom continued

for nearly a half-century. The patricians, however, were so influential,

that for a long time no plebeian was elected.

As an offset to these gains of the plebeians, the patricians in 435

obtained two new officers, called CENSORS, elected from their own ranks

every five years (_lustrum_) to hold office for eighteen months.

The duties of the Censors were:--

I. To see that the citizens of every class were properly registered.

II. To punish immorality in the Senate by the removal of any members who

were guilty of offences against public morals.

III. To have the general supervision of the finances and public works of

the state. This office became in after years the most coveted at Rome.

A few years later, in 421, the plebeians made another step forward by

obtaining the right of electing one of their number as Quaestor. There

were now four Quaestors.

Thus the patricians, in spite of the most obstinate resistance,

sustained loss after loss. Even the rich plebeians, who had hitherto

often found it for their interest to side with the patricians, joined

the farmers or lower classes.

Finally, in 367, the Tribunes Licinius and Sextius proposed and passed

the following bills, called the LICINIAN ROGATIONS.

I. To abolish the six military tribunes, and elect annually, as

formerly, two Consuls, choosing one or both of them from the plebeians.

II. To forbid any citizen's holding more than 500 _jugera_ (300 acres)

of the public lands, or feeding thereon more than 100 oxen or 500 sheep.

III. To compel all landlords to employ on their fields a certain number

of free laborers, proportionate to the number of their slaves.

IV. To allow all interest hitherto paid on borrowed money to be deducted

from the principal, and the rest to be paid in three yearly instalments.

These rogations were a great gain for the poorer classes. It gave them

an opportunity for labor which had previously been performed mostly

by slaves. They were less burdened by debts, and had some prospect of

becoming solvent. But most of all, since the office of Consul was open

to them, they felt that their interests were now more likely to be

protected. The temple of CONCORDIA in the Forum was dedicated by

Camillus as a mark of gratitude for the better times that these

rogations promised.

The plebeians, however, did not stop until all the offices, except

that of _Interrex_, were thrown open to them. First they gained that of

Dictator, then those of Censor and of Praetor, and finally, in 286, by

the law of HORTENSIUS, the plebiscita became binding upon all the people

without the sanction of the Senate and Comitia Centuriata. After 200 the

sacred offices of PONTIFEX and AUGUR also could be filled by plebeians.

Thus the strife that had lasted for two centuries was virtually ended;

and although the Roman patricians still held aloof from the commons, yet

their rights as citizens were no greater than those of the plebeians.

To recapitulate:--

Full citizenship comprised four rights, viz.: that of trading and

holding property (COMMERCIUM); that of voting (SUFFRAGIUM); that of

intermarriage (CONNUBIUM); and that of holding office (HONORES).

The first of these rights the plebeians always enjoyed; the second they

obtained in the establishment of the COMITIA TRIBUTA; the third by the

CANULEIAN BILL; the fourth by the LICINIAN and subsequent bills.

Ancient Rome : from the earliest times down to 476 A. D. · 第 8 / 50 章