THE HISTORY OF ROME (Complete Edition in 4 Volumes). Livy

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THE HISTORY OF ROME (Complete Edition in 4 Volumes) - Livy


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these meetings the matter was brought to this, that they suffered tribunes of the soldiers with consular authority to be elected from the patricians and commons without distinction; that with respect to the election of consuls no change should be made; and with this the tribunes were content, as were also the commons. An assembly is now proclaimed for electing three tribunes with consular power. This being proclaimed, forthwith whoever had contributed to promote sedition by word or deed, more particularly men who had been tribunes, began to solicit support and to bustle about the forum as candidates; so that despair, in the first instance, of obtaining the honour, by reason of the irritated state of the people's mind, then indignation at having to hold the office with such persons, deterred the patricians; at length however, being forced, they stood as candidates, lest they might appear to have relinquished all share in the government. The result of this election showed that the sentiments of persons in the struggle for liberty and dignity are different from those they feel when the contest is laid aside, the judgment being unbiassed; for the people elected all patricians as tribunes, content with this, that the plebeians had been taken into account. Where could you now find in an individual such moderation, disinterestedness, and elevation of mind, as was then displayed by the entire people?

      7

      In the three hundred and tenth year after the city of Rome was built, for the first time military tribunes in the room of consuls enter into office, Aulus Sempronius Atratinus, Lucius Atilius, Titus Clælius; in whose office the concord prevailing at home afforded peace also abroad. There are some who, without mentioning the proposal of the law concerning the election of consuls from among the commons, say that three military tribunes were elected on account of the Veientian war being added to the war of the Æquans and the Volscians and to the revolt of the Ardeates, because two consuls could not execute so many wars together, these tribunes being invested also with the authority and insignia of consuls. The jurisdiction of that office however did not stand on a firm footing, because the third month after they entered on the office, they resigned the honour, in pursuance of a decree of the augurs, as if unduly elected; because Caius Curtius, who had presided at the election, had not selected his tent with due regard to ceremony. Ambassadors came to Rome from Ardea complaining of the injustice in such a manner, that it appeared that, if it were redressed, they would continue in amity and the observance of the treaty, on the restitution of their land. The answer returned by the senate was: "that the judgment of the people could not be rescinded by the senate, besides such a measure could not be adopted on precedent or with justice;, as an additional reason also for the purpose of preserving concord between the several orders of the state. If the Ardeans were willing to abide a seasonable conjuncture, and leave to the senate the mode of redressing the injustice done to them, that the consequence would be that they would rejoice for having moderated their resentment, and that they should be convinced that the patricians were equally anxious that no injustice should arise against them, and that any which may have arisen should not be lasting." Thus the ambassadors, saying that they should lay the whole matter anew before their friends, were dismissed courteously. The patricians, now that the republic was without any curule magistrate, assembled together and elected an interrex. The contest whether consuls or military tribunes should be elected, kept the matter for several days in a state of interregnum. The interrex and senate strive that the elections of consuls be held; the tribunes of the people, and the people themselves, that elections of the military tribunes be held. The patricians succeeded, because both the commons, sure to confer the one or the other honour on patricians, gave up a needless contest, and the leaders of the commons preferred those elections at which no account was to be taken of them (as candidates) to those at which they should be passed by as unworthy. The tribunes of the commons also gave up the contest without a decision, as a compliment to the chiefs of the patricians. Titus Quintius Barbatus, the interrex, elects consuls Lucius Papirius Mugillanus, Lucius Sempronius Atratinus. During their consulship, the treaty was renewed with the Ardeans; and that is a record to prove, that they were consuls in that year, though they are not to be found among the ancient annals, nor in the books of the magistrates. I suppose because military tribunes existed at the commencement of the year, on that account, though these consuls were substituted, the names of the consuls were left out, just as if the military tribunes were the entire year in office. Licinius Macer states, that they were found both in the Ardean treaty and in the linen books at the temple of Moneta. There was tranquillity both at home and abroad, though so many alarms were held out by the neighbouring states.

      8

      This year (whether it had tribunes only, or consuls substituted in the room of tribunes) is followed by a year when there were undoubtedly consuls, scil. Marcus Geganius Macerinus a second time, Titus Quintius Capitolinus a fifth time. This same year was the commencement of the censorship, a thing which arose from an humble origin, which afterwards increased so much in importance, that in it was vested the regulation of the morals and discipline of Rome, the senate and the centuries of the knights, the distinction of honour and of ignominy were under the sway of that office, the legal right to public and private places, the revenues of the Roman people fell under their beck and jurisdiction. The institution of the thing originated in this, that the people not having been subjected to a survey for several years, the census could neither be deferred, nor had the consuls leisure to discharge their duty, when wars impended from so many states. An observation was made by the senate, "that an office laborious in itself, and one little suited to the consular office, required a magistrate for itself, to whose authority should be submitted the duties of the several scribes, the custody and care of the records, as well as the adjustment of the form to be adopted in the census." And inconsiderable though the proposal might be, still the senate received it with great pleasure, because it increased the number of patrician magistrates in the state, judging also that that would come to pass, which really did occur, viz. that the influence of those who should preside, and the honour of the office would derive on it additional authority and dignity. The tribunes also, considering the discharge of the duty (as was really the case) as necessary rather than the duty itself, as being attended with lustre, did not indeed offer opposition, lest they should through perverseness show a disposition to thwart them even in trifles. After the honour was rejected by the leading men of the state, the people by their suffrages appointed to the office of conducting the census Papirius and Sempronius, concerning whose consulate doubts are entertained, that in that magistracy they might have some recompence for the incompleteness of their consulate. They were called censors from the nature of their office.

      9

      Whilst these matters are transacting at Rome, ambassadors come from Ardea, imploring aid for their city, which was nearly destroyed, in consideration of their very ancient alliance, and of the treaty recently renewed. For by intestine wars they were not allowed to enjoy the peace with Rome, which they had by the soundest policy preserved; the cause and origin of which is said to have arisen from a struggle between factions; which have proved and ever will prove more a cause of destruction to several states, than foreign wars, famine, or disease, or any of the other evils which men refer to the anger of heaven, as the severest of public calamities. Two young men courted a maiden of a plebeian family, highly distinguished for beauty: one of them on a level with the maid in point of birth, and favoured by her guardians, who were themselves of the same rank; the other of noble birth, captivated by nothing but her beauty. The latter was aided by the good wishes of the nobles, through which party disputes made their way even into the girl's family. The nobleman was preferred in the judgment of the mother, who was anxious that her daughter should have the most splendid match possible: the guardians, mindful of party even in that transaction, strove for the person of their own order. As the matter could not be settled within the walls of the house, they proceeded to a court of justice. On hearing the claim of the mother and of the guardians, the magistrate decides the right of marriage in conformity with the wish of the mother. But violence was the more powerful. For the guardians, having harangued openly in the forum among persons of their own faction, on the injustice of the decree, collected a party and carry off the girl from her mother's house: against whom a body of nobles having arisen more incensed than before, attends the young man rendered furious by the outrage. A desperate battle takes place; the commons in no respect like to the Roman commons were worsted, and having set out from the city in arms, and taken possession


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