Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
the _Plebes_ as a murderer, and withdrew into exile: whether he was
recalled afterwards, is unknown to us. This gives the whole affair an
ugly look. Mælius’ house was pulled down; the Æquimælium, the place
where it had stood, was under the walls of the Capitol, and is now
entirely buried in the rubbish which forms a mound at the foot of the
hill. This is a point of some importance for the understanding of Roman
topography.[112]
When the Valerian laws, as we have seen before, so far limited the old
right of the consuls to enforce obedience, that any one sentenced by
them to receive corporal punishment might appeal to his community,
they were yet to be allowed a certain sphere of jurisdiction without
appeal: otherwise their authority would have been reduced to a mere
nothing. That power extended to fines, the fixing of which is also
ascribed to Valerius. Yet this is not likely, as there is too positive
an evidence in the law of the consuls Tarpeius and Aternius, passed by
the centuries, in which the _multa_ was estimated in heads of cattle,
as Cicero _de Republica_ expressly tells us. This would not have been
possible, if the Valerian law had already fixed the limitation; or
else the rulers must afterwards again have seized upon the absolute
authority. On the whole, all that is mentioned of the Valerii is not to
be trusted, as Valerius Antias, who reckoned himself of the Valerian
house, invented a good deal about it, and the Valerii moreover were
rather vain of their popularity. That law fixed two sheep and thirty
oxen as the highest _multa_, with regard to which Gellius makes a very
heedless statement; for he says that sheep were at that time so rare,
that two of them were estimated as equal to thirty beeves, though he
himself immediately afterwards informs us that a sheep was worth ten,
and an ox a hundred _asses_. The explanation of the fact is simply
this,--that the consuls were obliged to increase the amount of the fine
only by degrees, that the way might always be left open for a return
to obedience: he who did not make his appearance on the first day, was
mulcted of a sheep; on the following day, of two; then of an ox; and so
on. We know from Cicero of another circumstance besides, which proves
to us how little other accounts are to be relied on. Only twenty-five
years later, the value of these payments was fixed in money, and that
at a moderate estimation. Cicero justly looks upon this as denoting a
progress of individual liberty.
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