The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
A further attempt was made to get rid of the tribunician power by
securing to the plebeians equality of rights in a more regular and
more effectual way. The tribune of the people, Gaius Terentilius
Arsa, proposed in 292 the nomination of a commission of five men to
prepare a general code of law by which the consuls should in future be
bound in exercising their judicial powers. But the senate refused to
sanction this proposal, and ten years elapsed ere it was carried into
effect--years of vehement strife between the orders, and variously
agitated moreover by wars and internal troubles. With equal obstinacy
the party of the nobles hindered the concession of the law in the
senate, and the plebs nominated again and again the same men as
tribunes. Attempts were made to obviate the attack by other
concessions. In the year 297 an increase of the tribunes from four to
ten was sanctioned--a very dubious gain; and in the following year, by
an Icilian -plebiscitum- which was admitted among the sworn privileges
of the plebs, the Aventine, which had hitherto been a temple-grove and
uninhabited, was distributed among the poorer burgesses as sites for
buildings in heritable occupancy. The plebs took what was offered
to them, but never ceased to insist in their demand for a legal code.
At length, in the year 300, a compromise was effected; the senate in
substance gave way. The preparation of a legal code was resolved
upon; for that purpose, as an extraordinary measure, the centuries
were to choose ten men who were at the same time to act as supreme
magistrates in room of the consuls (-decemviri consulari imperio
legibus scribundls-), and to this office not merely patricians, but
plebeians also might be elected. These were here for the first time
designated as eligible, though only for an extraordinary office. This
was a great step in the progress towards full political equality; and
it was not too dearly purchased, when the tribunate of the people as
well as the right of appeal were suspended while the decemvirate
lasted, and the decemvirs were simply bound not to infringe the sworn
liberties of the community. Previously however an embassy was sent
to Greece to bring home the laws of Solon and other Greek laws; and
it was only on its return that the decemvirs were chosen for the year
303. Although they were at liberty to elect plebeians, the choice
fell on patricians alone--so powerful was the nobility still--and
it was only when a second election became necessary for 304, that
some plebeians were chosen--the first non-patrician magistrates that
the Roman community had.
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