drives the enemy not only from Algidum, but from Corbio and Ortona also. Corbio he razed to the ground for their having betrayed the garrison.
31
Marcus Valerius and Spurius Virginius are next elected consuls. Quiet prevailed at home and abroad. They laboured under a scarcity of provisions on account of the excessive rains. A law was proposed regarding the making Mount Aventine public property. The same tribunes of the people being re-elected on the following year, Titus Romilius and Caius Veturius being consuls, strongly recommended the law133 in all their harangues, "That they were ashamed of their number increased to no purpose, if that question should lie for their two years in the same manner as it had lain for the whole preceding five." Whilst they were most busily employed in these matters, an alarming account comes from Tusculum, that the Æquans were in the Tusculan territory. The recent services of that state made them ashamed of delaying relief. Both the consuls were sent with an army, and find the enemy in their usual post in Algidum. A battle was fought there; upwards of seven thousand of the enemy were slain; the rest were routed; immense booty was obtained. This the consuls sold on account of the low state of the treasury; the proceeding was the cause of dissatisfaction to the army, and it also afforded to the tribunes materials for bringing a charge against the consuls before the commons. Accordingly, as soon as they went out of office, in the consulship of Spurius Tarpeius and Aulus Aterius, a day was appointed for Romilius by Caius Claudius Cicero, tribune of the people; for Veturius, by Lucius Alienus, plebeian ædile. They were both condemned, to the great mortification of the patricians; Romilius to pay ten thousand asses; Veturius, fifteen thousand. Nor did this misfortune of their predecessors render the new consuls more remiss. They said that they too might be condemned, and that the commons and tribunes could not carry the law. Then having thrown up the law, which, in its repeated publication, had now grown old, the tribunes adopted a milder mode of proceeding with the patricians. "That they should at length put an end to their disputes. If plebeian laws displeased them, at least they should suffer legislators (chosen) in common, both from the commons and from the patricians, who would propose measures advantageous to both parties, and such as might tend to the equalization of liberty." This proposal the patricians did not reject. They said that "no one should propose laws, except some of the patricians." When they agreed with respect to the laws, and differed only with respect to the proposer; ambassadors were sent to Athens, Spurius Posthumius Albus, Aulus Manlius, Publius Sulpicius Camerinus; and they were ordered to copy out the celebrated laws of Solon, and to become acquainted with the institutions, customs, and laws of the other states of Greece.
32
The year was undisturbed by foreign wars; the following one was still more quiet, Publius Curiatius and Sextus Quintilius being consuls, the tribunes observing uninterrupted silence, which was occasioned in the first place by their waiting for the ambassadors who had gone to Athens, and for the foreign laws; in the next place, two heavy calamities arose at the same time, famine and pestilence, (which proved) destructive to man, and equally so to cattle. The lands were left desolate; the city exhausted by a constant succession of deaths. Many and illustrious families were in mourning. The Flamen Quirinalis, Servilius Cornelius, died; as also the augur, Caius Horatius Pulvillus; into whose place the augurs elected Caius Veturius, the more eagerly, because he had been condemned by the commons. The consul Quintilius died, and four tribunes of the people. The year was rendered a melancholy one by these manifold disasters; but from an enemy there was perfect quiet. Then Caius Menenius and Publius Sestius Capitolinus were elected consuls. Nor was there in that year any external war: disturbances arose at home. The ambassadors had now returned with the Athenian laws; the tribunes pressed the more urgently, that a commencement should at length be made of compiling the laws. It was resolved that decemvirs should be elected without appeal, and that there should be no other magistrate during that year. There was, for a considerable time, a dispute whether plebeians should be admitted among them: at length the point was given up to the patricians, provided that the Icilian law regarding the Aventine and the other devoting laws were not repealed.
33
In the three hundred and first year after Rome was built, the form of the government was a second time changed, the supreme power being transferred from consuls to decemvirs, as it had passed before from kings to consuls. The change was less remarkable, because not of long duration; for the joyous commencement of that government became too licentious. So much the sooner did the matter fall, and (the usage) was recurred to, that the name and authority of consuls was committed to two persons. The decemvirs appointed were, Appius Claudius, Titus Genucius, Publius Sestius, Lucius Veturius, Caius Julius, Aulus Manlius, Servius Sulpicius, Publius Curiatius, Titus Romilius, Spurius Postumius. On Claudius and Genucius, because they had been elected consuls for that year, the honour was conferred in compensation for the honour (of the consulate); and on Sestius, one of the consuls of the former year, because he had proposed that matter to the senate against the will of his colleague. Next to these were considered the three ambassadors who had gone to Athens; at the same time that the honour might serve as a recompence for so distant an embassy; at the same time they considered that persons acquainted with the foreign laws would be of use in digesting the new code of regulations. Other persons made up the number. They say that persons advanced in years were appointed by the last suffrages, in order that they might oppose with less warmth the opinions of others. The direction of the entire government was rested in Appius through the favour of the commons, and he had assumed a demeanour so new, that from a severe and harsh reviler of the people, he became suddenly a protector of the commons, and a candidate for popular favour. They administered justice to the people one every tenth day. On that day the twelve fasces attended the præfect of justice; one beadle attended each of his nine colleagues, and in the singular harmony among themselves, which unanimity might sometimes prove prejudicial to private persons, the strictest equity was shown to others. It will suffice to adduce a proof of their moderation by instancing one matter. Though they had been appointed without (the privilege of) appeal, yet a dead body having been found buried in the house of Publius Sestius, a man of patrician rank, and this having been brought forward in an assembly, in a matter equally clear and atrocious, Caius Julius, a decemvir, appointed a day of trial for Sestius, and appeared before the people as prosecutor (in a matter) of which he was legally a judge; and relinquished his right, so that he might add what had been taken from the power of the office to the liberty of the people.
34
Whilst the highest and lowest alike experienced from them this prompt administration of justice, impartial, as if from an oracle, then their attention was devoted to the framing of laws; and the ten tables being proposed amid the intense expectation of all, they summoned the people to an assembly: and "what may prove favourable, advantageous, and happy to the commonwealth themselves, and to their children, ordered them to go and read the laws that were exhibited." "That they had equalized the rights of all, both the highest and the lowest, as far as could be devised by the abilities of ten men; that the understanding and counsels of a greater number might prove more successful; that they should turn in their minds each particular within themselves, canvass it in conversation; and bring together under public discussion whatever might seem an excess or deficiency under each particular. That the Roman people should have such laws, as the general consent might appear not so much to have ratified when proposed, as to have proposed from themselves." When they appeared sufficiently corrected according to public opinion (as expressed) regarding each chapter of the laws as it was published, the laws of the ten tables were passed at the assembly voting by centuries; which, even at the present time, amid this immense heap of laws crowded one upon the other, still remain the source of all public and private jurisprudence. A rumour was then spread that two tables were wanting; on the addition of which a body, as it were, of the whole Roman law might be completed. The expectation of this, as the day of election approached, created a desire to appoint decemvirs again. The commons now, besides that they detested the name of consuls as much as that of kings, required not even the tribunitian aid, as the decemvirs in turn submitted to appeal.
