the commons ordered, that the secession from the decemvirs which had
taken place should not prove detrimental to any individual. Immediately
after Duilius carried a proposition for electing consuls, with right of
appeal. All these things were transacted in an assembly of the commons
in the Flaminian meadows, which they now call the Flaminian circus.
55. Then through an interrex Lucius Valerius and Marcus Horatius were
elected consuls, who immediately entered on their office; whose
consulship was popular without any actual injury to the patricians,
though not without their displeasure; for whatever provision was made
for securing the liberty of the commons, that they considered to be a
diminution made in their own power. First of all, when it was as it were
a point in controversy, whether patricians were bound by regulations
enacted in an assembly of the commons, they proposed a law in the
assembly of the centuries, that whatever the commons ordered
collectively, should bind the entire people; by which law a most
keen-edged weapon was given to motions introduced by tribunes. Then
another law made by a consul concerning the right of appeal, a singular
security to liberty, and subverted by the decemviral power, they not
only restore, but guard it also for the time to come, by enacting a new
law, "that no one should appoint any magistrate without a right of
appeal; if any person should so elect, it would be lawful and right that
he be put to death; and that such killing should not be deemed a capital
offence." And when they had sufficiently secured the commons by the
right of appeal on the one hand, by tribunitian aid on the other, they
renewed for the tribunes themselves (the privilege) that they should be
held sacred and inviolable, the memory of which matter had now been
almost lost, reviving certain ceremonies which had been long disused;
and they rendered them inviolable both by the religious institution, as
well as by a law, enacting, that "whoever should offer injury to
tribunes of the people, ædiles, judges, decemvirs, his person should be
devoted to Jupiter, and his property be sold at the temple of Ceres,
Liber and Libera." Commentators deny that any person is by this law
sacrosanct; but that he who may do an injury to any of them, is deemed
to be devoted; therefore that an ædile may be arrested and carried to
prison by superior magistrates, which, though it be not expressly
warranted by law, for an injury is done to a person to whom it is not
lawful to do an injury according to this law, yet it is a proof that an
ædile is not considered as sacred; that the tribunes were sacred and
inviolable by an ancient oath of the commons, when first they created
that office. There have been persons who supposed that by this same
Horatian law provision was made for the consuls also and the prætors,
because they were elected under the same auspices as the consuls; for
that a consul was called a judge. Which interpretation is refuted,
Public-domain text, read in full here on John Shaqi.
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