From the Agrarian Law of Sp. Cassius to the appointment of the Decemvirs was a period of more than thirty years. During the whole of this time the struggle between the Patricians and the Plebeians was increasing. The latter constantly demanded, and the former as firmly refused, the execution of the Agrarian Law of Cassius. But, though the Plebeians failed in obtaining this object, they nevertheless made steady progress in gaining for themselves a more important position in the city. In B.C. 471 the Publilian Law was carried, by which the election of the Tribunes and Plebeian Ædiles was transferred from the Comitia of the Centuries to those of the Tribes.[17] From this time the Comitia of the Tribes may be regarded as one of the political assemblies of the state, ranking with those of the Centuries and the Curies. But the Patricians still retained exclusive possession of the administrative and judicial powers, and there were no written laws to limit their authority and to regulate their decisions. Under these circumstances, the Tribune C. Terentilius Arsa proposed, in B.C. 462, that a commission of Ten Men (Decemviri) should be appointed to draw up a code of laws, by which a check might be put to the arbitrary power of the Patrician magistrates. This proposition, as might have been expected, met with the most vehement opposition from the Patricians. But the Plebeians were firm, and for five successive years the same Tribunes were re-elected. It was during this struggle that an attempt was made upon the Capitol by Herdonius, a Sabine chief, with a band of outlaws and slaves. It was a turbulent period, and the Patricians had recourse even to assassination. At length, after a struggle of eight years, a compromise was effected, and it was arranged that Three Commissioners (Triumviri) were to be sent into Greece to collect information respecting the laws of Solon at Athens, as well as of the other Greek states. After an absence of two years the three commissioners returned to Rome (B.C. 452), and it was now resolved that a Council of Ten, or Decemvirs, should be appointed to draw up a code of laws, and, at the same time, to carry on the government and administer justice. All the other magistrates were obliged to abdicate, and no exception was made even in favor of the Tribunes. The Decemvirs were thus intrusted with supreme power in the state. They entered upon their office at the beginning of B.C. 451. They were all Patricians. At their head stood Appius Claudius and T. Genucius, who had been already appointed consuls for the year. They discharged the duties of their office with diligence, and dispensed justice with impartiality. Each administered the government day by day in succession, and the fasces were carried only before the one who presided for the day. They drew up a Code of Ten Tables, in which equal justice was dealt out to both orders. The Ten Tables received the sanction of the Comitia of the Centuries, and thus became law.
On the expiration of their year of office all parties were so well satisfied with the manner in which the Decemvirs had discharged their duties that it was resolved to continue the same form of government for another year, more especially as some of them said that their work was not finished. A new Council of Ten was accordingly elected, of whom Appius Claudius alone belonged to the former body. He had so carefully concealed his pride and ambition during the previous year that he had been the most popular member of the council, and the Patricians, to prevent his appointment for another year, had ordered him to preside at the Comitia for the elections, thinking that he would not receive votes for himself. But Appius set such scruples at defiance, and not only returned himself as elected, but took care that his nine colleagues should be subservient to his views. He now threw off the mask he had hitherto worn, and acted as the tyrant of Rome. Each Decemvir was attended by twelve lictors, who earned the fasces with the axes in them, so that 120 lictors were seen in the city instead of 12. The Senate was rarely summoned. No one was now safe, and many of the leading men quitted Rome. Two new Tables were added to the Code, making twelve in all; but these new laws were of the most oppressive kind, and confirmed the Patricians in their most odious privileges.
When the year came to a close the Decemvirs neither resigned nor held Comitia for the election of successors, but continued to hold their power in defiance of the Senate and of the People. Next year (B.C. 449) the Sabines and Æquians invaded the Roman territory, and two armies were dispatched against them, commanded by some of the Decemvirs. Appius remained at Rome to administer justice. But the soldiers fought with no spirit under the command of men whom they detested, and two acts of outrageous tyranny caused them to turn their arms against their hated masters. In the army fighting against the Sabines was a centurion named L. Sicinius Dentatus, the bravest of the brave. He had fought in 120 battles; he had slain eight of the enemy in single combat; had received 40 wounds, all in front; he had accompanied the triumphs of nine generals; and had war-crowns and other rewards innumerable. As Tribune of the Plebs four years before, he had taken an active part in opposing the Patricians, and was now suspected of plotting against the Decemvirs. His death was accordingly resolved on, and he was sent with a company of soldiers as if to reconnoitre the enemy's position. But in a lonely spot they fell upon him and slew him, though not until he had destroyed most of the traitors. His comrades, who were told that he had fallen in an ambush of the enemy, discovered the foul treachery that had been practiced when they saw him surrounded by Roman soldiers who had evidently been slain by him. The Decemvirs prevented an immediate outbreak only by burying Dentatus with great pomp, but the troops were ready to rise in open mutiny upon the first provocation.
In the other army sent against the Æquians there was a well-known centurion named Virginius. He had a beautiful daughter, betrothed to L. Icilius, an eminent leader of the Plebeian order. The maiden had attracted the notice of the Decemvir Appius Claudius. He at first tried bribes and allurements, but when these failed he had recourse to an outrageous act of tyranny. One morning, as Virginia, attended by her nurse, was on the way to her school, which was in one of the booths surrounding the forum, M. Claudius, a client of Appius, laid hold of the damsel and claimed her as his slave. The cry of the nurse for help brought a crowd around them, and all parties went before the Decemvir. In his presence Marcus repeated the tale he had learnt, asserting that Virginia was the child of one of his female slaves, and had been imposed upon Virginius by his wife, who was childless. He farther stated that he would prove this to Virginius as soon as he returned to Rome, and he demanded that the girl should meantime be handed over to his custody. Appius, fearing a riot, said that he would let the cause stand over till the next day, but that then, whether her father appeared or not, he should know how to maintain the laws. Straightway two friends of the family made all haste to the camp, which they reached the same evening. Virginius immediately obtained leave of absence, and was already on his way to Rome, when the messenger of Appius arrived, instructing his colleagues to detain him. Early next morning Virginius and his daughter came into the forum with their garments rent. The father appealed to the people for aid, and the women in their company sobbed aloud. But, intent upon the gratification of his passions, Appius cared not for the misery of the father and the girl, and hastened to give sentence, by which he consigned the maiden to his client. Appius, who had brought with him a large body of patricians and their clients, ordered his lictors to disperse the mob. The people drew back, leaving Virginius and his daughter alone before the judgment-seat. All help was gone. The unhappy father then prayed the Decemvir to be allowed to speak one word to the nurse in his daughter's hearing, in order to ascertain whether she was really his daughter. The request was granted. Virginius drew them both aside, and, snatching up a butcher's-knife from one of the stalls, plunged it into his daughter's breast, exclaiming, "There is no way but this to keep thee free." In vain did Appius call out to stop him. The crowd made way for him, and, holding his bloody knife on high, he rushed to the gate of the city and hastened to the army. His comrades espoused his cause, expelled their commanders, and marched toward Rome. They were soon joined by the other army, to whom Numitorius and Icilius had carried the tidings. The Plebeians in the city flocked to them, and they all resolved to retire once more to the Sacred Mount.
This second secession extorted from the Patricians the second great charter of the Plebeian rights. The Patricians compelled the Decemvirs to resign, and sent L. Valerius and M. Horatius, two of the most eminent men of their order, to negotiate with the Plebeians. It was finally agreed that the Tribunes should be restored, that the authority of the Comitia Tributa should be recognized, and that the right of appeal to the people against the power of the supreme magistrates should be confirmed. The Plebeians now returned to the city, and elected, for the first time, ten Tribunes instead of five, a number which remained unchanged down to the latest times. Virginius, Icilius, and Numitorius were among the new Tribunes.
Two Consuls were elected in place of the Decemvirs, and the choice of the Comitia Centuriata naturally fell upon Valerius and Horatius. The new Consuls now redeemed their promises to the Plebeians by bringing forward the laws which are called after them, the Valerian and Horatian Laws. These celebrated laws enacted:
1. That every Roman citizen should have the right of appeal against the sentence of the supreme magistrate. This was, in fact, a solemn confirmation of the old law of Valerius Publicola, passed in the first year of the republic. It was enacted again a third time in B.C. 300, on the proposal of M. Valerius, the Consul. These repeated enactments gave a still farther sanction to the law. In the same way the Great Charter of England was ratified several times.
2. That the Plebiscita, or resolutions passed by the Plebeians in the Comitia Tributa, should have the force of laws, and should be binding alike upon Patricians and Plebeians.
3. That the persons of the Tribunes, Ædiles, and other Plebeian magistrates should be sacred, and whoever injured them should be sold as a slave.
Virginius now accused Appius Claudius, who was thrown into prison to await his trial. But the proud Patrician, seeing that his condemnation was certain, put an end to his own life. Oppius, another of the Decemvirs, and the personal friend of Appius, was condemned and executed. The other Decemvirs were allowed to go into exile, but they were all declared guilty, and their property confiscated to the state.
The Twelve Tables were always regarded as the foundation of the Roman law, and long continued to be held in the highest estimation. But they probably did little more than fix in a written form a large body of customary law, though even this was a benefit to the Plebeians, as they were no longer subject to the arbitrary decisions of the Patrician magistrates. The Patricians still retained their exclusive privileges; and the eleventh table even gave the sanction of law to the old custom which prohibited all intermarriage (connuubium) between the two orders.
The efforts of the leaders of the Plebeians were now directed to two subjects, the removal of the prohibition of intermarriage between the two orders, and the opening of the Consulship to their own order. They attained the first object four years after the Decemvirate by the Lex Canuleia, proposed by Canuleius, one of the Tribunes (B.C. 445). But they did not carry this law without a third secession, in which they occupied the Janiculum. At the same time a compromise was effected with respect to the Consulship. The Patricians agreed that the supreme power in the state should be intrusted to new officers bearing the title of Military Tribunes with Consular Power, who might be chosen equally from Patricians and Plebeians. Their number varied in different years from three to six. In B.C. 444 three Military Tribunes were nominated for the first time. In the following year (443) two new magistrates, called Censors, were appointed. They were always to be chosen from the Patricians; and the reason of the institution clearly was to deprive the Military Tribunes of some of the most important functions, which had been formerly discharged by the Consuls. The Censors originally held office for a period of five years, which was called a lustrum; but their tenure was limited to eighteen months, as early as ten years after its institution (B.C. 443), by a law of the Dictator Mamercus Æmilius, though they continued to be appointed only once in five years.[18]
Though the Military Tribunes could from their first institution be chosen from either order, yet such was the influence of the Patricians in the Comitia of the Centuries that it was not till B.C. 400, or nearly forty years afterward, that any Plebeians were actually elected. In B.C. 421 the Quæstorship was also thrown open to them. The Quæstors were the paymasters of the state; and as the Censors had to fill up vacancies in the Senate from those who had held the office of Quæstor, the Plebeians thus became eligible for the Senate.
During these struggles between the two orders an event took place which is frequently referred to by later writers. In the year 440 B.C. there was a great famine at Rome. Sp. Mælius, one of the richest of the Plebeian knights, expended his fortune in buying up corn, which he sold to the poor at a small price, or distributed among them gratuitously. The Patricians thought, or pretended to think, that he was aiming at kingly power: and in the following year (439) the aged Quintius Cincinnatus, who had saved the Roman army on Mount Algidus, was appointed Dictator. He nominated C. Servilius Ahala his Master of the Horse. During the night the Capitol and all the strong posts were garrisoned by the Patricians, and in the morning Cincinnatus appeared in the forum with a strong force, and summoned Mælius to appear before his tribunal. But seeing the fate which awaited him, he refused to go, whereupon Ahala rushed into the crowd and struck him dead upon the spot. His property was confiscated, and his house was leveled to the ground. The deed of Ahala is frequently mentioned by Cicero and other writers in terms of the highest admiration, but it was regarded by the Plebeians at the time as an act of murder. Ahala was brought to trial, and only escaped condemnation by a voluntary exile.
In their foreign wars the Romans continued to be successful, and, aided by their allies the Latins and Hernicans, they made steady progress in driving back their old enemies the Volscians and Æquians. About this time they planted several colonies in the districts which they conquered. These Roman colonies differed widely from those of ancient Greece and of modern Europe. They were of the nature of garrisons established in conquered towns, and served both to strengthen and extend the power of Rome. The colonists received a portion of the conquered territory, and lived as a ruling class among the old inhabitants, who retained the use of the land.
The Romans now renewed their wars with the Etruscans; and the capture of the important city of Veii was the first decisive advantage gained by the Republic. The hero of this period was Camillus, who stands out prominently as the greatest general of the infant Republic, who saved Rome from the Gauls, and whom later ages honored as a second Romulus.
Veii, however, was only taken after a long and severe struggle. It was closely allied with Fidenæ, a town of Latium, not more than five or six miles from Rome. The two cities frequently united their arms against Rome, and in one of these wars Lars Tolumnius, the king of Veii, was slain in single combat by A. Cornelius Cossus, one of the Military Tribunes, and his arms dedicated to Jupiter, the second of the three instances in which the Spolia Opima were won (B.C. 437). A few years afterward Fidenæ was taken and destroyed (B.C. 426), and at the same time a truce was granted to the Veientines for twenty years. At the expiration of this truce the war was renewed, and the Romans resolved to subdue Veii as they had done Fidenæ. The siege of Veii, like that of Troy, lasted ten years, and the means of its capture was almost as marvelous as the wooden horse by which Troy was taken. The waters of the Alban Lake rose to such a height as to deluge the neighboring country. An oracle declared that Veii could not be taken until the waters of the lake found a passage to the sea. This reached the ears of the Romans, who thereupon constructed a tunnel to carry off its superfluous waters.[19] The formation of this tunnel is said to have suggested to the Romans the means of taking Veii. M. Furius Camillus, who was appointed Dictator, commenced digging a mine beneath the city, which was to have its outlet in the citadel, in the temple of Juno, the guardian deity of Veii. When the mine was finished, the attention of the inhabitants was diverted by feigned assaults against the walls. Camillus led the way into the mine at the head of a picked body of troops. As he stood beneath the temple of Juno, he heard the soothsayer declare to the king of the Veientines that whoever should complete the sacrifice he was offering would be the conqueror. Thereupon the Romans burst forth and seized the flesh of the victim, which Camillus offered up. The soldiers who guarded the walls were thus taken in the rear, the gates were thrown open, and the city soon filled with Romans. The booty was immense, and the few citizens who escaped the sword were sold as slaves. The image of Juno was carried to Rome, and installed with great pomp on Mount Aventine, where a temple was erected to her. Camillus entered Rome in a chariot drawn by four white horses. Rome had never yet seen so magnificent a triumph (B.C. 396).
One circumstance, which occurred during the siege of Veii, deserves notice. As the Roman soldiers were obliged to pass the whole year under arms, in order to invest the city during the winter as well as the summer, they now, for the first time, received pay.
Veii was a more beautiful city than Rome, and, as it was now without inhabitants, many of the Roman people wished to remove thither. At the persuasion of Camillus the project was abandoned; but the territory of Veii was divided among the Plebeians.
Falerii was almost the only one of the Etruscan cities which had assisted Veii, and she was now exposed single-handed to the vengeance of the Romans. It is related that, when Camillus appeared before Falerii, a schoolmaster of the town treacherously conducted the sons of the noblest families into the Roman camp, but that Camillus, scorning the baseness of the man, ordered his arms to be tied behind him, and the boys to flog him back into the town; whereupon the inhabitants, overcome by such generosity, gave up their arms, and surrendered to the Romans (B.C. 394).
Camillus was one of the proudest of the Patricians; and he now incurred the hatred of the Plebeians by calling upon every man to refund a tenth of the booty taken at Veii; because he had made a vow to consecrate to Apollo a tithe of the spoil. He was accused of having appropriated the great bronze gates at Veii, and was impeached by one of the Tribunes. Seeing that his condemnation was certain, he went into exile, praying as he left the walls that the Republic might soon have cause to regret him (B.C. 491). His prayer was heard, for the Gauls had already crossed the Apennines, and next year Rome was in ashes.
The Gauls or Celts were in ancient times spread over the greater part of Western Europe. They inhabited Gaul and the British isles, and had in the time of the Tarquins crossed the Alps and taken possession of Northern Italy. But they now spread farther south, crossed the Apennines, and laid waste with fire and sword the provinces of Central Italy. Rome fell before them, and was reduced to ashes; but the details of its capture are clearly legendary. The common story runs as follows:
The Senones, a tribe of the Gauls, led by their chief Brennus, laid siege to Clusium, the powerful Etruscan city over which Lars Porsena once reigned. Such reputation had Rome gained through her conquests in Etruria, that Clusium applied to her for aid (B.C. 391). The Senate sent three embassadors, sons of the chief pontiff, Fabius Ambustus, to warn the barbarians not to touch an ally of Rome. But the Gauls treated their message with scorn; and the embassadors, forgetting their sacred character, fought in the Clusine ranks. One of the Fabii slew with his own hands a Gallic chieftain, and was recognized while stripping off his armor. Brennus therefore sent to Rome to demand satisfaction. The Roman people not only refused to give it, but elected the three Fabii as Military Tribunes for the following year. On hearing of this insult, the Gauls broke up the siege of Clusium, and hastened southward toward Rome. All the inhabitants fled before them into the towns. They pursued their course without injuring any one, crying to the guards upon the walls of the towns they passed, "Our way lies for Rome." On the news of their approach the Roman army hurried out of the city, and on the 16th of July (B.C. 300), a day ever after regarded as disastrous, they met the Gauls on the Allia, a small river which flows into the Tiber, on its left bank, about eleven miles from Rome. Brennus attacked the Romans on the flank, and threw them into confusion. A general panic seized them: they turned and fled. Some escaped across the Tiber to Veii, and a few reached Rome, but the greater number were slain by the Gauls.
The loss at the Allia had been so great that enough men were not left to guard the walls of the city. It was therefore resolved that those in the vigor of their age should withdraw to the Capitol, taking with them all the provisions in the city; that the priests and Vestal Virgins should convey the objects of religious reverence to Cæré; and that the rest of the population should disperse among the neighboring towns. But the aged senators, who had been Consuls or Censors, seeing that their lives were no longer of any service to the state, sat down in the forum on their curule thrones awaiting death. When the Gauls entered the city they found it desolate and deathlike. They marched on, without seeing a human being till they came to the forum. Here they beheld the aged senators sitting immovable, like beings of another world. For some time they gazed in awe at this strange sight, till at length one of the Gauls ventured to go up to M. Papirius and stroke his white beard. The old man struck him on the head with his ivory sceptre; whereupon the barbarian slew him, and all the rest were massacred. The Gauls now began plundering the city; fires broke out in several quarters; and with the exception of a few houses on the Palatine, which the chiefs kept for their own residence, the whole city was burnt to the ground.
The Capitol was the next object of attack. There was only one steep way leading up to it, and all the assaults of the besiegers were easily repelled. They thereupon turned the siege into a blockade, and for seven months were encamped amid the ruins of Rome. But their numbers were soon thinned by disease, for they had entered Rome in the most unhealthy time of the year, when fevers have always prevailed. The failure of provisions obliged them to ravage the neighboring countries, the people of which began to combine for defense against the marauders. Meantime the scattered Romans took courage. They collected at Veii, and here resolved to recall Camillus from banishment, and appoint him Dictator. In order to obtain the consent of the Senate, a daring youth, named Pontius Cominius, offered to swim across the Tiber and climb the Capitol. He reached the top unperceived by the enemy, obtained the approval of the Senate to the appointment of Camillus, and returned safely to Veii. But next day some Gauls observed the traces of his steps, and in the dead of night they climbed up the same way. The foremost of them had already reached the top, unnoticed by the sentinels and the dogs, when the cries of some geese roused M. Manlius from sleep. These geese were sacred to Juno, and had been spared notwithstanding the gnawings of hunger; and the Romans were now rewarded for their piety. M. Manlius thrust down the Gaul who had clambered up, and gave the alarm. The Capitol was thus saved; and down to latest times M. Manlius was honored as one of the greatest heroes of the early Republic.
Still no help came, and the Gauls remained before the Capitol. The Romans suffered from famine, and at length agreed to pay the barbarians 1000 pounds of gold, on condition of their quitting the city and its territory. Brennus brought false weights, and, when the Romans exclaimed against this injustice, the Gallic chief threw his sword also into the scale, crying, "Woe to the vanquished!" But at this very moment Camillus marched into the forum, ordered the gold to be taken away, and drove the Gauls out of the city. Another battle was fought on the road to Gabii, in which the Gauls were completely destroyed, and their leader Brennus taken prisoner. This tale, however, is an invention of Roman vanity. We learn from other sources that the Gauls retreated because their settlements in Northern Italy were attacked by the Venetians; and there can be little doubt that their departure was hastened by a present of Roman gold. The Gauls frequently repeated their inroads, and for many years to come were the constant dread of the Romans.
When the Romans returned to the heap of ruins which was once their city their hearts sank within them. The people shrank from the expense and toil of rebuilding their houses, and loudly demanded that they should all remove to Veii, where the private dwellings and public buildings were still standing. But Camillus and the Patricians strongly urged them not to abandon the homes of their fathers, and they were at length persuaded to remain. The state granted bricks, and stones were fetched from Veii. Within a year the city rose from its ashes; but the streets were narrow and crooked; the houses were frequently built over the sewers; and the city continued to show, down to the great fire of Nero, evident traces of the haste and irregularity with which it had been rebuilt. Rome was now deprived of almost all her subjects, and her territory was reduced to nearly its original limits. The Latins and Hernicans dissolved the League with the Romans, and wars broke out on every side. In these difficulties and dangers Camillus was the soul of the Republic. Again and again he led the Roman legions against their enemies, and always with success. The rapidity with which the Romans recovered their power after so terrible a disaster would seem unaccountable but for the fact that the other nations had also suffered greatly from the inroads of the Gauls, who still continued to ravage Central Italy. Two of their invasions of the Roman territory are commemorated by celebrated legends, which may be related here, though they belong to a later period.
In B.C. 361 the Gauls and Romans were encamped on either bank of the Arno. A gigantic Gaul stepped forth from the ranks and insultingly challenged a Roman knight. T. Manlius, a Roman youth, obtained permission from his general to accept the challenge, slew the giant, and took from the dead body the golden chain (torques) which the barbarian wore around his neck. His comrades gave him the surname of Torquatus, which he handed down to his descendants.
In B.C. 349 another distinguished Roman family earned its surname from a single combat with a Gaul. Here again a Gallic warrior of gigantic size challenged any one of the Romans to single combat. His challenge was accepted by M. Valerius, upon whose helmet a raven perched; and as they fought, the bird flew into the face of the Gaul, striking at him with its beak and flapping his wings. Thus Valerius slew the Gaul, and was called in consequence "Corvus," or the "Raven."
It is now necessary to revert to the internal history of Rome. Great suffering and discontent prevailed. Returning to ruined homes and ravaged lands, the poor citizens had been obliged to borrow money to rebuild their houses and cultivate their farms. The law of debtor and creditor at Rome, as we have already seen, was very severe, and many unfortunate debtors were carried away to bondage. Under these circumstances, M. Manlius, the preserver of the Capitol, came forward as the patron of the poor. This distinguished man had been bitterly disappointed in his claims to honor and gratitude. While Camillus, his personal enemy, who had shared in none of the dangers of the siege, was repeatedly raised to the highest honors of the state, he, who had saved the Capitol, was left to languish in a private station. Neglected by his own order, Manlius turned to the Plebeians. One day he recognized in the forum a soldier who had served with him in the field, and whom a creditor was carrying away in fetters. Manlius paid his debt upon the spot, and swore that, as long as he had a single pound, he would not allow any Roman to be imprisoned for debt. He sold a large part of his property, and applied the proceeds to the liberation of his fellow-citizens from bondage. Supported now by the Plebeians, he came forward as the accuser of his own order, and charged them with appropriating to their own use the gold which had been raised to ransom the city from the Gauls. The Patricians in return accused him, as they had accused Sp. Cassius, of aspiring to the tyranny. When he was brought to trial before the Comitia of the Centuries in the Campus Martius, he proudly showed the spoils of thirty warriors whom he had slain, the forty military distinctions which he had won in battle, and the innumerable scars upon his breast, and then turning toward the Capitol he prayed the immortal gods to remember the man who had saved their temples from destruction. After such an appeal, his condemnation was impossible, and his enemies therefore contrived to break up the assembly. Shortly afterward he was arraigned on the same charges before the Comitia of the Curies in the Peteline Grove. Here he was at once condemned, and was hurled from the Tarpeian Rock. His house, which was on the Capitol, was razed to the ground (B.C. 384).
The death of Manlius, however, was only a temporary check to the Plebeian cause. A few years afterward the contest came to a crisis. In B.C. 376 C. Licinius Stolo and his kinsman L. Sextius, being Tribunes of the Plebs, determined to give the Plebeians an equal share in the political power, to deprive the Patricians of the exclusive use of the public land, and to remove the present distress of the Plebeians. For this purpose they brought forward three laws, which are celebrated in history under the name of THE LICINIAN ROGATIONS.[20] These were:
I. That in future Consuls, and not Military Tribunes, should be appointed, and that one of the two Consuls must be a Plebeian.
II. That no citizen should possess more than 500 jugera[21] of the public land, nor should feed upon the public pastures more than 100 head of large and 500 of small cattle, under penalty of a heavy fine.
III. That the interest already paid for borrowed money should be deducted from the principal, and that the remainder should be repaid in three yearly instalments.
These great reforms naturally excited the most violent opposition, and the Patricians induced some of the Plebeians to put their veto upon the measures of their colleagues. But Licinius and Sextius were not to be baffled in this way, and they exercised their veto by preventing the Comitia of the Centuries from electing any magistrates for the next year. Hence no Consuls, Military Tribunes, Censors, or Quæstors could be appointed; and the Tribunes of the Plebs and the Ædiles, who were elected by the Comitia of the Tribes, were the only magistrates in the state. For five years did this state of things continue. C. Licinius and L. Sextius were re-elected annually, and prevented the Comitia of the Centuries from appointing any magistrates. At the end of this time they allowed Military Tribunes to be chosen in consequence of a war with the Latins; but so far were they from yielding any of their demands, that to their former Rogations they now added another: That the care of the Sibylline books, instead of being intrusted to two men (duumviri), both Patricians, should be given to ten men (decemviri), half of whom should be Plebeians.
Five years more did the struggle last; but the firmness of the Tribunes at length prevailed. In B.C. 367 the Licinian Rogations were passed, and L. Sextius was elected the first Plebeian Consul for the next year. But the Patricians made one last effort to evade the law. By the Roman constitution, the Consuls, after being elected by the Comitia Centuriata, received the Imperium, or sovereign power, from the Comitia Curiata. The Patricians thus had it in their power to nullify the election of the Centuries by refusing the Imperium. This they did when L. Sextius was elected Consul; and they made Camillus, the great champion of their order, Dictator, to support them in their new struggle. But the old hero saw that it was too late, and determined to bring about a reconciliation between the two orders. A compromise was effected. The Imperium was conferred upon L. Sextius; but the judicial duties were taken away from the Consuls, and given to a new magistrate called Prætor. Camillus vowed to the goddess Concord a temple for his success.
The long struggle between the Patricians and Plebeians was thus brought to a virtual close. The Patricians still clung obstinately to the exclusive privileges which they still possessed; but when the Plebeians had once obtained a share in the Consulship, it was evident that their participation in the other offices of the state could not be much longer delayed. We may therefore anticipate the course of events by narrating in this place that the first Plebeian Dictator was C. Marcius Rutilus in B.C. 356; that the same man was the first Plebeian Censor five years afterward (B.C. 351); that the Prætorship was thrown open to the Plebeians in B.C. 336; and that the Lex Ogulnia in B.C. 300, which increased the number of the Pontiffs from four to eight, and that of the Augurs from four to nine, also enacted that four of the Pontiffs and five of the Augurs should be taken from the Plebeians.
About thirty years after the Licinian Rogations, another important reform, which abridged still farther the privileges of the Patricians, was effected by the PUBLILIAN LAWS, proposed by the Dictator Q. Publilius Philo in B.C. 339. These were:
I. That the Resolutions of the Plebs should be binding on all the Quirites,[22] thus giving to the Plebiscita passed at the Comitia of the Tribes the same force as the Laws passed at the Comitia of the Centuries.
II. That all laws passed at the Comitia of the Centuries should receive previously the sanction of the Curies; so that the Curies were now deprived of all power over the Centuries.
III. That one of the Censors must be a Plebeian.
The first of these laws seems to be little move than a re-enactment of one of the Valerian and Horatian laws, passed after the expulsion of the Decemvirs;[23] but it is probable that the latter had never been really carried into effect. Even the Publilian Law upon this subject seems to have been evaded; and it was accordingly enacted again by the Dictator Q. Hortensius in B.C. 286. In this year the last Secession of the Plebeians took place, and the LEX HORTENSIA is always mentioned as the law which gave to Plebiscita passed at the Comitia of the Tribes the full power of laws binding upon the whole nation. From this time we hear of no more civil dissensions till the times of the Gracchi, a hundred and fifty years afterward, and the Lex Hortensia may therefore be regarded as the termination of the long struggle between the two orders.
United at home, the Romans were now prepared to carry on their foreign wars with more vigor; and their conquests of the Samnites and Latins made them the virtual masters of Italy. But the years which immediately followed the Licinian laws were times of great suffering. A pestilence raged in Rome, which carried off many of the most distinguished men, and among others the aged Camillus (B.C. 362). The Tiber overflowed its banks, the city was shaken by earthquakes, and a yawning chasm opened in the forum. The soothsayers declared that the gulf could never be filled up except by throwing into it that which Rome held most valuable. The tale runs that, when every one was doubting what the gods could mean, a noble youth named M. Curtius came forward, and, declaring that Rome possessed nothing so valuable as her brave citizens, mounted his steed and leaped into the abyss in full armor, whereupon the earth closed over him. This event is assigned to the year 362 B.C.
During the next few years the Gauls renewed their inroads, of which we have already spoken, and in the course of which Manlius Torquatus and Valerius Corvus gained such glory. The Romans steadily extended their dominion over the southern part of Etruria and the country of the Volscians, and the alliance with the Latins was renewed. Fifty years had elapsed since the capture of the city by the Gauls, and Rome was now strong enough to enter into a contest with the most formidable enemy which her arms had yet encountered. The SAMNITES were at the height of their power, and the contest between them and the Romans was virtually for the supremacy of Italy. The Samnites, as we have already seen, were a people of Sabine origin, and had emigrated to the country which they inhabited at a comparatively late period. They consisted of four different tribes or cantons, the Pentri, Hirpini, Caraceni, and Caudini, of whom the two former were the most important. They inhabited that part of the Apennines which lies between Campania and Lucania, but they were not contented with their mountain-homes, and overran the rich plains which lay at their feet. They became the masters of Campania and Lucania, and spread themselves almost to the southern extremity of Italy. But the Samnites of Campania and Lucania had in course of time broken off all connection with the parent nation, and sometimes were engaged in hostilities with the latter. It was a contest of this kind that led to the war between the Romans and the Samnites of the Apennines. On the borders of Campania and Samnium dwelt a people, called the Sidicini, who had hitherto preserved their independence. Being attacked by the Samnites, this people implored the assistance of the Campanians, which was readily granted. Thereupon the Samnites turned their arms against the Campanians, and, after occupying Mount Tifata, which overlooks the city of Capua, they descended into the plain, and defeated the Campanians in a pitched battle at the very gates of Capua. The Campanians, being shut up within the city, now applied for assistance to Rome, and offered to place Capua in their hands. The Romans had only a few years previously concluded an alliance with the Samnites; but the bait of the richest city and the most fertile soil in Italy was irresistible, and they resolved to comply with the request. Thus began the Samnite Wars, which, with a few intervals of peace, lasted 53 years.
FIRST SAMNITE WAR, B.C. 343-341.—The Romans commenced the war by sending two consular armies against the Samnites; and the first battle between the rival nations was fought at the foot of Mount Gaurus, which lies about three miles from Cumæ. The Samnites were defeated with great loss; and it has been justly remarked that this battle may be regarded as one of the most memorable in history, since it was a kind of omen of the ultimate issue of the great contest which had now begun between the Samnites and Romans for the sovereignty of Italy. The Romans gained two other decisive victories, and both consuls entered the city in triumph. But two causes prevented the Romans from prosecuting their success. In the first place, the Roman army, which had been wintering in Capua, rose in open mutiny; and the poorer Plebeians in the city, who were oppressed by debt, left Rome and joined the mutineers. In the second place, the increasing disaffection of the Latins warned the Romans to husband their resources for another and more terrible struggle. The Romans, therefore, abandoning the Sidicini and Campanians, concluded a treaty of peace and alliance with the Samnites in B.C. 341, so that in the great Latin war, which broke out in the following year, the Samnites fought on the side of the Romans.
THE LATIN WAR, B.C. 340-338.—The Latins had, as already stated, renewed their league with Rome in B.C. 356, and consequently their troops had fought along with the Romans in the war against the Samnites. But the increasing power of Rome excited their alarm; and it became evident to them that, though nominally on a footing of equality, they were, in reality, becoming subject to Rome. This feeling was confirmed by the treaty of alliance which the Romans had formed with the Samnites. The Latins, therefore, determined to bring matters to a crisis, and sent two Prætors, who were their chief magistrates, to propose to the Romans that the two nations should henceforth form one state; that half of the state should consist of Latins, and that one of the two Consuls should be chosen from Latium. These requests excited the greatest indignation at Rome, and were rejected with the utmost scorn. The Senate met in the Temple of Jupiter, in the Capitol, to receive the Latin deputation, and, after hearing their proposals, the Consul, T. Manlius Torquatus, the same who had slain the Gaul in single combat, declared that, if the Republic should cowardly yield to these demands, he would come into the senate-house sword in hand and cut down the first Latin he saw there. The tale goes on to say that in the discussion which followed, when both parties were excited by anger, the Latin Prætor defied the Roman Jupiter; that thereupon an awful peal of thunder shook the building; and that, as the impious man hurried down the steps from the temple, he fell from top to bottom, and lay there a corpse.
War was now declared, and the most vigorous efforts were made on both sides. The contest was to decide whether Rome should become a Latin town, or the Latins be subject to Rome. The Romans had elected to the consulship two of their most distinguished men. The Patrician Consul was, as already mentioned, T. Manlius Torquatus; his Plebeian colleague was P. Decius Mus, who had gained great renown in the recent war against the Samnites. The two Consuls marched through Samnium into Campania, and threatened Capua, thus leaving Rome exposed to the attacks of the Latins. But the Consuls foresaw that the Latins would not abandon Capua, their great acquisition; and the event proved their wisdom. The contest was thus withdrawn from the territory of Rome and transferred to Campania, where the Romans could receive assistance from the neighboring country of their Samnite allies. It was at the foot of Mount Vesuvius that the two armies met, and here the battle was fought which decided the contest. It was like a civil war. The soldiers of the two armies spoke the same language, had fought by each others' sides, and were well known to one another. Under these circumstances, the Consuls published a proclamation that no Roman should engage in single combat with a Latin on pain of death. But the son of Torquatus, provoked by the insults of a Tusculan officer, accepted his challenge, slew his adversary, and carried the bloody spoils in triumph to his father. The Consul had within him the heart of Brutus; he would not pardon this breach of discipline, and ordered the unhappy youth to be beheaded by the lictor in the presence of the assembled army.
In the night before the battle a vision appeared to each Consul, announcing that the general of one side and the army of the other were doomed to destruction. Both agreed that the one whose wing first began to waver should devote himself and the army of the enemy to the gods of the lower world. Decius commanded the left wing; and when it began to give way, he resolved to fulfill his vow. Calling the Pontifex Maximus, he repeated after him the form of words by which he devoted himself and the army of the enemy to the gods of the dead and the mother earth; then leaping upon his horse, he rushed into the thickest of the fight, and was slain. The Romans gained a signal victory. Scarcely a fourth part of the Latins escaped (B.C. 340).
This victory made the Romans masters of Campania, and the Latins did not dare to meet them again in the field. The war continued two years longer, each city confining itself to the defense of its own walls, and hoping to receive help from others in case of an attack. But upon the capture of Pedum in B.C. 338 all the Latins laid down their arms, and garrisons were placed in their towns. The Romans were now absolute masters of Latium, and their great object was to prevent the Latin cities from forming any union again. For this purpose not only were all general assemblies forbidden, but, in order to keep the cities completely isolated, the citizens of one town could not marry or make a legal contract of bargain or sale with another.[24] Tibur and Præneste, the two most powerful cities of the League, which had taken the most active part in the war, were deprived of a portion of their land, but were allowed to retain a nominal independence, preserving their own laws, and renewing from time to time their treaties with Rome. The inhabitants of several other towns, such as Tusculum and Lanuvium, received the Roman franchise; their territory was incorporated in that of the Republic; and two new tribes were created to carry these arrangements into effect. Many of the most distinguished Romans sprung from these Latin towns.
Twelve years elapsed between the subjugation of Latium and the commencement of the Second Samnite War. During this time the Roman arms continued to make steady progress. One of their most important conquests was that of the Volscian town of Privernum in B.C. 329, from which time the Volscians, so long the formidable enemies of Rome, disappear as an independent nation. The extension of the Roman power naturally awakened the jealousy of the Samnites; and the assistance rendered by them to the Greek cities of Palæopolis and Neapolis was the immediate occasion of the Second Samnite War. These two cities were colonies of the neighboring Cumæ, and were situated only five miles from each other. The position of Palæopolis, or the "Old City," is uncertain; but Neapolis, or the "New City," stands on the site of a part of the modern Naples. The Romans declared war against the two cities in B.C. 327, and sent the Consul Q. Publilius Philo to reduce them to subjection. The Greek colonists had previously formed an alliance with the Samnites, and now received powerful Samnite garrisons. Publilius encamped between the cities; and as he did not succeed in taking them before his year of office expired, he was continued in the command with the title of Proconsul, the first time that this office was created. At the beginning of the following year Palæopolis was taken; and Neapolis only escaped the same fate by concluding an alliance with the Romans. Meanwhile the Romans had declared war against the Samnites.
SECOND OR GREAT SAMNITE WAR, B.C. 326-304.—The Second Samnite War lasted 22 years, and was by far the most important of the three wars which this people waged with Rome. During the first five years (B.C. 326-322) the Roman arms were generally successful. The Samnites became so disheartened that they sued for peace, but obtained only a truce for a year. It was during this period that the well-known quarrel took place between L. Papirius Cursor and Q. Fabius Maximus, the two most celebrated Roman generals of the time, who constantly led the armies of the Republic to victory. In B.C. 325 L. Papirius was Dictator, and Q. Fabius his Master of the Horse. Recalled to Rome by some defect in the auspices, the Dictator left the army in charge of Fabius, but with strict orders not to venture upon an engagement. Compelled or provoked by the growing boldness of the enemy, Fabius attacked and defeated them with great loss. But this victory was no extenuation for his offense in the eyes of the Dictator. Papirius hastened back to the camp, burning with indignation that his commands had been disobeyed, and ordered his lictors to seize Fabius and put him to death. The soldiers, whom Fabius had led to victory, rose in his defense; and in the night he escaped to Rome, to implore the protection of the Senate. He was stating the case to the Fathers, when Papirius entered the senate-house, followed by his lictors, and demanded that the offender should be given up for execution. But the Senate, the people, and the aged father of Maximus interceded so strongly for his life, that the Dictator was obliged to give way and to grant an ungracious pardon.
The year's truce had not expired when the Samnites again took up arms, and for the next seven years (B.C. 321-315) the balance of success inclined to their side. This appears to have been mainly owing to the military abilities of their general C. Pontius, who deserves to be ranked among the chief men of antiquity. In the first year of his command he inflicted upon the Romans one of the severest blows they ever sustained in the whole course of their history.
In B.C. 321 the two Consuls, T. Veturius and Sp. Postumius, marched into Samnium by the road from Capua to Beneventum. Near the town of Caudium they entered the celebrated pass called the CAUDINE FORKS (Furculæ Caudinæ). It consisted of two narrow defiles or gorges, between which was a tolerably spacious plain, but shut in on each side by mountains. The Romans, thinking the Samnites to be far distant, had marched through the first pass and the plain; but when they came to the second they found it blocked up by works and trunks of trees, so as to be quite impassable. Retracing their steps to the pass by which they had entered, they found that the enemy had meantime taken possession of this also. They were thus blocked up at either end, and, after making vain attempts to force their way through, were obliged to surrender at discretion. Thus both Consuls and four legions fell into the hands of the Samnites. C. Pontius made a merciful use of his victory. He agreed to dismiss them in safety upon their promising to restore the ancient alliance on equal terms between the two nations, and to give up all the places which they had conquered during the war. The Consuls and the other superior officers swore to these terms in the name of the Republic, and six hundred Roman knights were given as hostages. The whole Roman army was now allowed to depart, and each Roman soldier marched out singly under the yoke.
When the news of this disaster reached Rome the Senate refused to ratify the peace, and resolved that the two Consuls and all the officers who had sworn to the peace should be delivered up to the Samnites as persons who had deceived them. They were conducted to Caudium by a Fetialis; and when they appeared before the tribunal of C. Pontius, Postumius, with superstitious folly, struck the Fetialis with his foot, saying that he was now a Samnite citizen, and that war might be renewed with justice by the Romans, since a Samnite had insulted the sacred envoy of the Roman people. But Pontius refused to accept the persons who were thus offered, and told them, if they wished to nullify the treaty, to send back the army to the Caudine Forks. Thus Postumius and his companions returned to Rome, and the 600 knights were alone left in the hands of the Samnites.
The disaster of Caudium shook the fate of many of the Roman allies, and the fortune of war was for some years in favor of the Samnites. But in B.C. 314 the tide of success again turned, and the decisive victory of the Consuls in that year opened the way into the heart of Samnium. From this time the Romans were uniformly successful; and it seemed probable that the war was drawing to a close, when the Etruscans created a powerful diversion by declaring war against Rome in B.C. 311. But the energy and ability of Q. Fabius Maximus averted this new danger. He boldly carried the war into the very heart of Etruria, and gained a decisive victory over the forces of the League. The Samnites also were repeatedly defeated; and after the capture of Bovianum, the chief city of the Pentri, they were compelled to sue for peace. It was granted them in B.C. 304, on condition of their acknowledging the supremacy of Rome.
At the conclusion of the Second Samnite War the Æquians and Hernicans were reduced to subjection after a brief struggle. A part of the Æquian territory was incorporated in that of Rome by the addition of two new tribes, and two colonies were planted in the other portion. The Marsi, Marrucini, Peligni, and other nations of Central Italy, entered into a league with the Romans on equal terms. Thus, in B.C. 300, the power of Rome seemed firmly established in Central Italy. But this very power awakened the jealousy of the surrounding nations, and the Samnites exerted themselves to form a new and formidable coalition. The Etruscans and Umbrians agreed to make war against Rome, and called in the assistance of the Senonian Gauls.
THIRD SAMNITE WAR, B.C. 298-290.—As soon as the Etruscans and Umbrians were engaged with Rome, the Samnites invaded Lucania. The Lucanians invoked the assistance of the Romans, who forthwith declared war against the Samnites. The Republic had now to contend at one and the same time against the Etruscans, Umbrians, Gauls, and Samnites; but she carried on the struggle with the utmost energy, attacking the Etruscans, Umbrians, and Gauls in the north, and the Samnites in the south. At length, in B.C. 295, the Samnites joined their confederates in Umbria. In this country, near the town of Sentinum, a desperate battle was fought, which decided the fortune of the war. The two Roman Consuls were the aged Q. Fabius Maximus and P. Decius Mus. The victory was long doubtful. The wing commanded by Decius was giving way before the terrible onset of the Gauls, when he determined to imitate the example of his father, and to devote himself and the enemy to destruction. His death gave fresh courage to his men, and Fabius gained a complete and decisive victory. Gellius Egnatius, the Samnite general, who had taken the most active part in forming the coalition, was slain. But, though the League was thus broken up, the Samnites continued the struggle for five years longer. During this period C. Pontius, who had defeated the Romans at the Caudine Forks, again appeared, after twenty-seven years, as the leader of the Samnites, but was defeated by Q. Fabius Maximus with great loss and taken prisoner. Being carried to Rome, he was put to death as the triumphal car of the victor ascended the Capitol (B.C. 292). This shameful act has been justly branded as one of the greatest stains on the Roman annals. Two years afterward the Samnites were unable to continue any longer the hopeless struggle, and became the subjects of Rome. The third and last Samnite war was brought to a close in B.C. 290.