Decemvirate

“ The decemvirs did not confine themselves to passing oppressive laws. They began a career of outrage and oppression that filled Rome with woe. The youthful patricians followed their lead, and insult and murder became common incidents in Rome. When the second year of the decemvirate expired, Appius and his colleagues, knowing that they could not be elected again, showed no intention of yielding up their authority. They were supported by the senate and the patricians, and had gained such power that they defied the plebeians. ”

“ We only know that he died. His colleague, who had come to his aid on that fatal day, was also thrown into prison, on the [Pg 86] charge of having wantonly scourged an old and distinguished soldier. He also died there. The other decemvirs, with M. Claudius, who had claimed Virginia as his slave, were allowed to give bail, and all fled from Rome. The property of all of them was confiscated and sold.
Rome had experienced enough of decemvirate rule. The tribunes of the people were restored, and thereafter they were both freely chosen by the people, which had not been the case before. ”

“ The decemvirs probably, like the patrician burgesses in former times, regarded these inroads not without satisfaction; for they turned away the mind of the people from their sufferings at home. Yet from these very wars sprung the events which overturned their power and destroyed themselves.
Two armies were levied, one to check the Sabines, the other to oppose the Æquians, and these were commanded by the six military decemvirs. Appius and Oppius remained to administer affairs at home. But there was no spirit in the armies. ”

“ For when they cannot agree to pass some measure favourable to freedom, one faction or the other sets itself to support some one man, and a tyranny at once springs up. Both parties in Rome consented to the creation of the decemvirs, and to their exercising unrestricted powers, from the desire which the one had to put an end to the consular name, and the other to abolish the authority of the tribunes. When, on the appointment of the decemvirate, it seemed to the commons that Appius had become favourable to their cause, and was ready to attack the nobles, they inclined to support him. ”

“ Thus partially strengthened, the plebs are able soon to force the abdication of the decemvirate (449) by the old menace of their withdrawal; and for a time the commonalty sufficiently holds its own, getting (445) the right of marriage with patricians, and (444) the institution of military tribunes with consular power; [41] though fresh distribution of land is prevented, and the patricians learn to divide the tribunes against each other. ”

“ All freedom of speech ceased. The senate was seldom called together. The leading men, patricians and plebeians, left the city. The outward aspect of things was that of perfect calm and peace, but an opportunity only was wanting for the discontent which was smouldering in all men's hearts to break out and show itself.
By the end of the year the decemvirs had added two more tables to the code, so that there were now twelve tables. But these two last were of a most oppressive and arbitrary kind, devoted chiefly to restore the ancient privileges of the patrician caste. ”

“ Another thing which greatly hurts a government is to keep alive bitter feelings in men’s minds by often renewed attacks on individuals, as was done in Rome after the decemvirate was put an end to. For each of the decemvirs, and other citizens besides, were at different times accused and condemned, so that the greatest alarm was spread through the whole body of the nobles, who came to believe that these prosecutions would never cease until their entire order was exterminated. ”

“ Do not place too much reliance on the fears of others. The ills that men are actually suffering from seem to them much more grievous than any they may fear in the future."
40 Whilst Horatius was delivering this impassioned speech, and the decemvirs were in doubt how far they ought to go, whether in the direction of angry resistance or in that of concession, and unable to see what the issue would be, C. Claudius, the uncle of the decemvir Appius, made a speech more in the nature of entreaty than of censure. ”

“ It was for themselves that they would conquer, the fruits of their victory would not go to decemvirs. The battle was not being fought under an Appius, but under their consul Valerius, a descendant of the liberators of the Roman people, and a liberator himself. They must show that it was owing to the generals, not to the soldiers, that they had failed to conquer in former battles; it would be a disgrace if they showed more courage against their own citizens than against a foreign foe, or dreaded slavery at home more than abroad. ”

“ He was wondering, he said, by what fatality it had come about that the decemvirs should be attacked by those who had sought the office or by their allies or in particular by these men, or why, during all the months that the commonwealth was undisturbed, no one questioned whether those at the head of affairs were lawful magistrates or not, whereas now, when the enemy were almost at their gates, they were fomenting civic discord - unless indeed they supposed that the nature of their proceeding would be less apparent in the general confusion. ”

“ This man perceived that as long as the consuls retained their almost despotic power, and were elected by the influence of the patricians, this order had it in its power to thwart all measures, even after they were passed, which tended to advance the interests of the plebeians. He therefore no longer demanded the execution of the Agrarian law, but proposed that a commission of ten men (decemviri) should be appointed to draw up constitutional laws for regulating the future relations of the patricians and plebeians. ”

“ They were all patricians. At their head stood Appius Claudius and T. Genucius, who had already been chosen consuls for this memorable year. This Appius Claudius (the third of his name) was son and grandson of those two patrician chiefs who had opposed the leaders of the plebeians so vehemently in the matter of the tribunate. But he affected a different conduct from his sires. He was the most popular man of the whole council, and became in fact the sovereign of Rome. At first he used his great power well, and the first year's government of the decemvirs was famed for justice and moderation. ”

“ One of the historians tells us that in this period of seditious violence many of the leading plebeians were assassinated (as the tribune Genucius had been) , and to this time only can be attributed the horrible story, mentioned by more than one writer, that nine tribunes were burned alive at the instance of their colleague Mucius. Society was utterly disorganized. The two orders were on the brink of civil war. It seemed as if Rome was to become the city of discord, not of law. Happily, there were moderate men in both orders. ”

“ Appius cried out to seize "the murderer," but the crowd made way for Virginius, and he passed through them holding up the bloody knife, and went out at the gate and made straight for the army. There, when the soldiers had heard his tale, they at once abandoned their decemviral generals and marched to Rome. They were soon followed by the other army from the Sabine frontier; for to them Icilius had gone, and Numitorius; and they found willing ears among men who were already enraged by the murder of old Siccius Dentatus. ”

“ Here the consuls were brought forward to the people and the question was put to them, "If the Roman people, remembering how you have recovered their liberty for them at home, remembering, too, your services and achievements in war, should make you consuls a second time, what do you intend to do?" They declared their resolution unchanged, and Duillius, applauding the consuls for maintaining to the last an attitude totally unlike that of the decemvirs, proceeded to hold the election. ”

“ It is the dissensions between the two orders, the quarrels between patricians and plebeians that is poisoning the life of this City. As long as our power respects no limits, and your liberty acknowledges no restraints, as long as you are impatient of patrician, we of plebeian magistrates, so long has the courage of our enemies been rising. What in heaven's name do you want? You set your hearts on having tribunes of the plebs, we yielded, for the sake of peace. You yearned for decemvirs, we consented to their appointment ”

“ Then followed two events which were preserved in well-known legends, and which give the popular narrative of the manner in which the power of the decemvirs was at last overthrown.
LEGEND OF SICCIUS DENTATUS In the army sent against the Sabines, Siccius Dentatus was known as the bravest man. He was then serving as a centurion; he had fought in one hundred and twenty battles; he had slain eight champions in single combat; had saved the lives of fourteen citizens ”

“ They found the city free from domestic strife, partly from the concessions already made, partly from expectation of what was now to follow, and partly from the effect of a pestilence which had broken out anew. ”

“ They must make it clear that Roman soldiers possessed the same qualities now that the decemvirs were expelled which they had before they were created, and that Roman courage was not weakened by the fact that the laws were equal for all.
After this address to the infantry, he galloped up to the cavalry. "Come, young men," he shouted, "prove yourselves superior to the infantry in courage, as you are superior to them in honour and rank. They dislodged the enemy at the first onset, do you ride in amongst them and drive them from the field. ”

“ When wars and pestilence had laid a heavy burden upon the Roman people, there appears to have been a period in which internal commotions and civil strife were stilled, and the quarrels of patricians and plebeians gave way to temporary truce. On the inevitable renewal of the old struggle the college of tribunes adopted a measure favorable to the plebeians in so far as it provided means for checking the abuse of power on the part of consuls in punishing members of that class in connection with the prosecution of suits against them. ”

“ He now threw off the mask he had hitherto worn, and acted as the tyrant of Rome. Each Decemvir was attended by twelve lictors, who earned the fasces with the axes in them, so that 120 lictors were seen in the city instead of 12. The Senate was rarely summoned. No one was now safe, and many of the leading men quitted Rome. Two new Tables were added to the Code, making twelve in all; but these new laws were of the most oppressive kind, and confirmed the Patricians in their most odious privileges. ”

“ The decemvirs, being alarmed at the same time both by what they now saw, as well as by those things which they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. Whilst they proceeded with mildness no answer was returned to them. If any of them attempted to exert authority over them, the answer given was, that "they were men and had arms." They go in a body to the city and post themselves on the Aventine; encouraging the commons, according as each person met them, to reassume their liberty, and elect tribunes of the people ”

“ Caius Servilius, chief pontiff was ordered to find out proper atonements for the wrath of the gods; the decemvirs to inspect the books, and the consul to vow offerings, and to present gilded statues, to Apollo Æsculapius, and Health; which he vowed and gave. The decemvirs proclaimed, on account of the sickness, a supplication of two days in the city, and in all the market-towns and villages; all persons above the age of twelve years offered the supplication, with garlands on their heads, and holding laurels in their hands. ”

“ Denta'tus too late perceived the treachery of the decemviri, and was resolved to sell his life as dearly as he could; he therefore set his back against a rock, and defended himself against those who pressed most closely. Though now grown old, he had still the remains of his former valour, and, with his own hand, killed no less than fifteen of the assailants, and wounded thirty. 26. The assassins now, therefore, terrified at his amazing bravery, showered their javelins upon him at a distance, all which he received in his shield with undaunted resolution. ”

“ When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declare that, since such seems to be the feeling, they would submit to the authority of the patricians. All they ask is, that they may be protected from popular rage; they give a warning, that they should not through shedding their blood habituate the people to inflict punishment on the patricians. ”

“ The history now shows us in the second year the decemvirs in possession of every magisterial power. They [Pg 307] are stated to have kept a guard of an hundred and twenty lictors (ῥαβδοφόροι) , twelve men each. This was in the style of all the Greek oligarchs; these lictors therefore had quite a different meaning from those of the consuls; they are the σωματοφύλακες of the Greek tyrants. Now the decemvirs of Livy and Dionysius are represented as criminal tyrants. ”

“ That a war broke out with the Æquians and Sabines, was an event of which the decemvirs might indeed have been glad, as they gained by it an opportunity of giving the people employment. We are now told that patriots, L. Valerius Potitus and M. Horatius Barbatus, had got up in the senate, and had required the decemvirs first to resign their power; but that the majority of the senate had decided upon the levy. The speeches which are found in Livy on this occasion, I look upon as empty declamations which have arisen from the belief, that the decemvirs had usurped their office. ”