when the operations against Corioli were carried on. He could, therefore, speak with knowledge of an affair, which, though after such a length of time it was generally forgotten, was deeply fixed in his memory. The lands in dispute, he said, had belonged to the territory of Corioli, and when Corioli was taken, became, by the right of war, the property of the Roman people. He wondered by what precedent the Ardeans and Aricians could justify their expectations, of surreptitiously wresting from the Roman state, by making it an arbiter, instead of proprietor, its right to a tract, to which while the state of Corioli subsisted, they had never advanced any kind of claim. For his part, he had but a short time to live; yet he could not prevail on himself, old as he was, to decline asserting by his voice the only means then in his power, a title to those lands, which, by his vigorous exertions as a soldier, he had contributed to acquire: and he warmly recommended it to the people, not to be led by improper notions of delicacy, to pass a sentence subversive of their own rights." LXXII. The consuls, when they perceived that Scaptius was heard, not only with silence, but with approbation, appealed to gods and men against the infamy of the proceeding; and, sending for the principal senators, went round with them to the tribes, beseeching them "not to be guilty of a crime of the worst kind, which would afford a precedent still more pernicious, by converting to their own use a matter in dispute, whereon they were to decide as judges. Especially when, as the case stood, although it were allowable for a judge to show regard to his own emolument, yet the utmost advantage that could acruc from the seizure of the lands, would by no means counterbalance the loss which they must sustain in the alienation of the affections of the allies, by such an act of injustice; for the loss of reputation and the esteem of mankind are of importance beyond what can be estimated. Must the deputies carry home this account? Must this be made known to the world? Must the allies, must the enemy hear this? What grief would it give to the former, what joy to the latter! Did they imagine, that the neighbouring states would impute this proceeding to Scaptius, an old babbler in the assemblies? This indeed would serve, instead of a statue, to dignify the Scaptian name; but the Roman people would incur the imputation of corrupt chicanery and fraudulent usurpation of the claims of others. For what judge, in a cause between private persons, ever acted in this manner, adjudging to himself the property in dispute? Surely, even Scaptius himself, dead as he was to all sense of shame, would not act in such a manner." Thus the consuls, thus the senators exclaimed; but covetousness, and Scaptius, the instigator of that covetousness, had greater influence. The tribes being called, gave their judgment, that the land in question was the property of the Roman people. It is not denied, that it might with justice have been so determined, had the matter been tried before other judges: but as the affair was circumstanced, the infamy of their determination was in no degree lessened by the equity of their title; nor did it appear to the Aricians and Ardeans themselves in blacker or more hiedous colours than it did to the Roman senate. The remainder of the year passed without any commotion either at home or abroad. THE HISTORY OF ROME. BOOK IV. A law permitting the intermarriage of plebeians with patricians, carried, after a violent struggle and strong opposition on the part of the patricians. Military tribunes, with consular power created. Censors created. The lands which were taken from the people of Ardea, by an unjust determination of the Roman people, restored. Spurius Malius, aiming at regal power, slain by Caius Servilius Ahala. Cornelius Cossus, having killed Tolumnius, king of the Veientians, offers the second opima spoli. The duration of the censorship limited to a year and a half. Fidene reduced, and a colony settled there. The colonists murdered by the Fidenatians, who are reconquered by Ma:nercus Æmilius, dictator. A conspiracy of slaves suppressed. Postumius, a military tribune, slain by the army, exasperated by his crueltio. Pay first given to the soldiers out of the public treasury. Military operations against the Volscians, Fidenations, and Faliscians. I. THE next who succeeded in the consulship expressed great discontent on account of the forwere Marcus Genucius and Caius Curtius, tifying of Verrugo, preferring even a war, which whose year was disturbed by commotions, both promised not success, to an ignominious peace. at home and abroad. [Y. R. 310. B. C. 442.]| These tidings being brought, with exaggeraFor, in the beginning of it, Caius Canuleius, a tions, the senate, in order to silence the intribune of the people, proposed a law, for allow-trigues of the tribunes during the bustle of so ing the intermarriage of patricians and plebeians, many wars, ordered a levy to be held, and prewhich the former considered as tending to con-parations for hostilities to be made with the taminate their blood, and to confound all the dis- utmost dilligence, even with more despatch, if tinctions and privileges of noble birth. Some possible, than had been used in the consulate hints, too suggested by the tribunes, that of Titus Quintius. On which Caius Canuleius liberty ought to be granted of choosing one of declared aloud in the senate, that "the consuls the consuls from among the commons, were would in vain think of diverting the attention afterwards improved, to such a degree, that of the commons from the new laws, by holding the other nine tribunes proposed a law, that out objects of terror to their view; and that, the people should have power of electing con- while he was alive they should never hold a suls, either from among the commons or the levy, until the people had first ratified the laws patricians, as they should think fit. The proposed by him and his colleagues; and then patricians were of opinion, that if this took place, the supreme authority would not only II. Whilst the consuls were employed in be shared with the very lowest ranks, but per- rousing the indignation of the senate against the haps be entirely removed out of the hands of tribune, the tribune was as busy in exciting the the nobility into those of the plebeians. With people against the consuls. The latter asserted great joy, they therefore, received intelligence, that "the outrageous proceedings of the tribunes that the people of Ardea, in resentment of could not be any longer endured: that matters the injustice of the sentence which had de- were now come to a crisis, there being more prived them of their land, had revolted; that dangerous hostilities excited at home than the Veientians were laying waste the Roman abroad: that for this the commons were not frontiers, and that the Volscians and Equans more to be blamed than the senate, nor the tri he instantly called an assembly. bunes more than the consuls. In any state, would rather die a thousand deaths, than suffer whatever practices meet with rewards, these such disgrace to be incurred. They were con are always pursued to the greatest degree of fident that could their ancestor have foreseen, proficiency, and these are the incitements which that, in consequence of unlimited concessions, call forth merit, both in peace and war. Now, the commons, instead of showing a better temat Rome, there was nothing so highly rewarded per towards them, would become more intractas sedition; this was in every instance attended able, and, as fast as they obtained their dewith honours both to individuals and to collec-mands, would advance others more unreasontive bodies. They ought therefore carefully to able and exorbitant, they would have struggled consider in what condition they had received at first with any difficulties whatever, rather the majesty of the senate from their fathers, than have allowed such terms to be imposed on and in what condition they were likely to hand them. Because a concession was then made it down to their children; whether they could to them with respect to tribunes, it was for the make the same boast which the commons might, same reason made a second time. This would with respect to their privileges, that it was im- be the case for ever. Tribunes of the commons, proved both in degree and in splendour. No and a senate, could not subsist together, in the end appeared of these proceedings, nor would, same state; either the office of the former, or so long as the fomenters of sedition were rc- the order of the latter, must be abolished, and warded with honours in proportion to the suc- it was better late than never, to endeavour to cess of their projects. What were the new and put a stop to presumption and temerity. Must important schemes which Caius Canuleius had they with impunity, after they have, by sowing set on foot? No less than the prostitution of discord, encouraged the neighbouring nations to the privileges of nobility, and the confounding attack us, prevent the state afterwards from the rights of auspices, both public and private; arming and defending itself against the attack that nothing might be left pure and unpolluted; which they have brought on it? and, when they and that, every distinction being removed, no had done every thing but send an invitation to person might know what himself was, nor to the enemy, prevent troops from being enlisted what order he belonged. For what other ten- to oppose that enemy? But Canuleius has had dency had such promiscuous intermarriages, the audacity to declare openly in the senate, than to produce an irregular intercourse be- that he would hinder the making of the levy, tween patricians and plebeians, not very differ- unless the senate, acknowledging in a manner ent from that between brutes? So that, of their his superiority, allowed his laws to be enacted. offspring not one should be able to tell of what What else was this, than to threaten that he blood he was, or in what mode he was to wor- would betray his country; that he would suffer ship the gods, being in himself a heterogeneous it to be attacked, and to fall into the enemy's composition, half patrician and half plebeian? hands? What courage must that declaration And, not content with the confusion which this afford, not to the Roman commons, but to the would create in every affair, divine and human, Volscians, to the Equans, and Veientians? those incendiaries, the tribunes, were now pre- Might not these hope, that, under the guidance paring to invade the consulship itself. At first of Canuleius, they would be able to scale the they had ventured no farther than to sound capitol and the citadel; might they not hope this, people's sentiments in conversation on a plan if the tribunes, while they stripped the patricians of one of the consuls being elected from among of their privileges and their dignity, robbed them the commons; now, they publicly proposed a also of their courage ?" The consuls concluded law, that the people might appoint consuls, by saying, that they were ready to act as their either from among the patricians, or from among leaders, first against the wicked practices of the plebeians, as they should think fit; and their countrymen; and afterwards, against the there could be no doubt that they would appoint arms of their enemies. from among the commons the most seditious that could be found. The Canuleii and Icilii therefore would be consuls. But might Jupiter supremely good and great forbid, that the imperial majesty of the sovereign power should sink so low as that, and for their part they III. At the very time while such arguments as these were urged in the senate, Canuleius was employed in declaiming in favour of his laws, and against the consuls, in the following manner : "Roman citizens! In many former instances I have seen enough to convince me in every foreigner knows? That consuls were substituted in the place of kings; and consequently have no kind of privilege or dignity which was not possessed before by kings? Do ye suppose that we never heard it mentioned, that Numa Pompilius, not only no patrician, but not even a citizen of Rome, was invited hither from the country of the Sabines, and made sovereign at Rome, by the order of the people, and with the approbation of the senate? That Lucius Tarquinius, of a race which, so far from being Roman, was not even Italian. the son of Demaratus a Corinthian, having come hither a stranger from Tarquinii, was raised to the like high station, though the sons of Ancus were alive? That after him Servius Tullius, the son of a captive woman of Corniculum, his father not known, and his mother in servitude, obtained the crown, through his abilities and merit? Need I speak of Titus Tatius, the Sabine, whom Romulus himself, the founder of the city, admitted into partnership in the throne? The consequence was, that while no objection was made to any family, in which conspicuous merit appeared, the Roman empire continually increased. It well becomes you to show disgust, now, at a plebeian consul; though our ancestors disdained not to call foreigners to the throne, nor even after the expulsion of the kings, ever shut the gates of the city against what degree of contempt the patricians hold you, how unworthy they esteem you to live in the same city, within the same walls with them. But this is now more clearly than ever demonstrated by their outrageous opposition to those propositions of ours. And this, for what? unless for reminding them thereby that we are members of the same community with themselves; and that though we possess not the same degree of power, we are yet inhabitants of the same country. By the one, we require the liberty of intermarrying with them, a liberty usually granted to people of the neighbouring states, and to foreigners; for we have admitted even vanquished enemies to the right of citizenship, which is of more importance than that of intermarriage. By the other, we offer no innovation, we only reclaim and enforce an inherent right; that the Roman people should commit the high offices of the state to such persons as they think proper. And what is there in this, that can justify the patricians in thus disturbing heaven and earth? Their treatment of me just now, in the senate, very little short of personal violence? Their open declarations that they will have recourse to force, and their threatening to insult an office which has been held sacred and inviolable? Can the city no longer subsist, if the Roman people are allowed to give their suffrage with freedom, and to intrust the consulship to such persons as they may ap-foreign merit. It is well known, that we since prove; or must the downfall of the empire ensue, if a plebeian, how worthy soever of the highest station, is not precluded from every hope of attaining to it? And does the question, whether a commoner may be elected consul, carry the same import, as if a person spoke of a slave, or the issue of a slave for the consul-off from every hope of the consulship? Is ship? Do ye not perceive, do ye not feel, in what a despicable view ye are considered? Were it in their power, they would hinder you from sharing even the light of the sun. That ve breathe, that ye enjoy the faculty of speech, that ye wear the human shape, are subjects of mortification to them. But then, they tell you, that truly it is contrary to the rules of religion that a plebeian should be made consul. For heaven's sake, though we are not admitted to inspect the records,* or the annals,† of the pontiffs, are we ignorant of the things which even *The records, in which the names of the magistrates in succession, and the most memorable events, were recorded. ↑ The annals were a compen lious registry of events as they occurred made by the pontiffs, who likewise had the VOL. I.-U admitted the Claudian family from among the Sabines, not only into the number of citizens, but even into that of the patricians. May a person then from a foreigner, become a patrician, and in consequence, consul; and shall a citizen of Rome, if he be a commoner, be cut it deemed impossible that a plebeian can be a man of fortitude and activity, qualified to excel in peace and war, like Numa, Lucius Tarquinius, and Servius Tullius? Or, should such appear, shall we still prohibit him from meddling with the helm of government? In a word, shall we choose to have consuls rather resembling the decemvirs, the most profligate of mankind, who in their time were all patricians, than like the best of the kings, who were new men ?"* care of the records, and kept both carefully shut up from the inspection of the lower order. *The first in a family who attained any of the curule offices, that is, any of the superior magistracies, was cailed novus homo, a new man. IV. «But it is argued, that since the expulsion of the kings, there has been no instance of a plebeian consul. What then? Is no new institution ever to be known? Must every measure not heretofore practised, (and in a new state there must be many measure not yet introduced into practice,) be, therefore rejected, even though it should be evidently advantageous?" In the reign of Romulus, there were neither pontiff's nor augurs; Numa Pompilius introduced them. There was no such thing in the state as a general survey, and distribution of the centuries and classes, until instituted by Servius Tullius. There was a time when there never had been consuls; on the expulsion of the kings they were created. Of a dictator neither the office nor name had existed; in the time of our fathers it was introduced. There had never been tribunes of the commons, ædiles or quæstors; and yet it was resolved that those offices should be created. The office of decemvirs for compiling laws, we ourselves have within the last ten years both created and abolished. Who is not convinced that in a city, founded for eternal duration, and growing up to an immense magnitude, many new offices, both civil and religious, many new rights, both of families and individuals, must necessarily be instituted. This very rule, prohibiting the intermarriage of patricians and plebeians, was it not enacted by the decemvirs within these few years, with the utmost injustice towards the plebeians, on a principle highly detrimental to the public? Can there be any insult greater or more flagrant, than that one half of the state, as if it were contaminated, should be held unworthy of intermarrying with the other? What else is this than, within the same walls, to suffer all the evils of rustication or of exile? They are anxious to prevent our being united to them by any affinity or consanguinity; to prevent our blood from being mingled with theirs. What! If this would be a stain on that nobility, which the greater number of you, the progeny of Albans and Sabines, possess, not in right of birth or of blood, but of cooptation into the body of the patricians; having been elected, either by the kings, or after their expulsion, by order of the people, could ye not preserve its purity by regulations among yourselves? By neither taking plebeian wives nor suffer your daughters and sisters to marry out of the patrician line? No plebeian will offer violence to a noble maiden; such outrageous lust is to be found only among nobles. None of them would compel any man against his will to enter into a marriage-contract. But it is the prohibition of it by a law, the intermarriage of patircians and plebeians being interdicted; this is what the commons must consider as an insult. Why do ye not procure a law to, be passed, that the rich shall not marry with the poor? A matter which in all countries has been left to the regulation of people's own prudence; that each woman should marry into whatever family she has been betrothed to; and each man take a wife from whatever family he had contracted with; this ye shackle with the restraints of a most tyrannical law, whereby ye tear assunder the bands of civil society, and split one state into two. Why do ye not enact, that a plebeian shall not dwell in the neighbourhood of a patrician? That he shall not travel on the same road? That he shall not appear at the same entertainment? That he shall not stand in the same forum? For what more materia! consequence can in reality ensue, should a patrician wed a plebeian woman, or a plebeian a patrician woman? What alteration is thereby made in the rights of any person? Surely the children follow the condition of the father. So that neither have we any advantage in view, from intermarriage with you, except that of being considered on the footing of human beings, and of fellow-citizens; nor is there any reason for contesting the point, unless ye feel pleasure in labouring to subject us to scorn and insult. V. "In fine, let me ask you, whether is the supreme power vested in the Roman people, or in you? Was the expulsion of the kings intendeď to procure absolute dominion to yourselves, or equal freedom to all? Is it fitting that the Roman people should have the power of enacting such laws as they choose? or whenever any matter of the kind has been proposed to their consideration, shall ye, by way of punishment, pass a decree for a levy of troops? And as soon as, in capacity of tribune, I shall begin to call the tribes to give their suffrages, will you, in the office of consul, compel the younger citizens to take the military oath, and lead them out to camp? Will you menace the commons? Will you menace their tribune? As if ye had not already experienced, on two several occasions, how little such menaces avail against the united sense of the people. suppose it was out of regard to our interests, that ye did not proceed |