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caution them "to keep themselves from honours and the administration of public affairs, and that they would consider the consular fasces, the prætexta and curule chair, as nothing else than the decorations of a funeral; that when covered with these fine insignia, as with fillets, they were doomed to death. But if the charms of the consulate were so great, they should rest satisfied that the consulate was held in captivity and crushed by the tribunitian power; that every thing was to be done at the nod and command of the tribune by the consul, as if he were a tribune's beadle. If he stir, if he have reference to the patricians, if he should think for a moment that there existed any other party in the state but the commons, let him place before his eyes the banishment of Caius Marcius, the condemnation and death of Menenius." Fired by these discourses, the patricians from that time held their consultations not in public, but in private, and withdrawn from the knowledge of the many; where when this one point was agreed on, that the accused must be rescued whether by just or unjust means, every proposition that was most desperate was most approved; nor was an actor wanted for any deed however daring. Accordingly on the day of trial, when the people stood in the forum in anxious expectation, they at first began to feel surprised that the tribune did not come down; then when the delay was now becoming more suspicious, they considered that he was deterred by the nobles, and they complained that the public cause was abandoned and betrayed. At length those who had been waiting before the gate of the tribune's residence, bring word that he was found dead in his house. As soon as rumour spread this through the whole assembly, just as an army disperses on the fall of its general, so did they separate in different directions. The principal panic seized the tribunes, now warned by their colleague's death what little aid the devoting laws afforded them. Nor did the patricians bear their joy with sufficient moderation; and so far was any of them from feeling compunction at the guilty act, that even those who were innocent wished to be considered to have perpetrated it, and it was openly declared that the tribunitian power should be subdued by chastisement.

      55

      Immediately after this victory of a most ruinous precedent a levy is proclaimed; and the tribunes being now overawed, the consuls accomplish the matter without any opposition. Then indeed the commons became enraged more on account of the silence of the tribunes than the command of the consuls: and they said "there was an end of their liberty; that they were come back again to the old condition of things; that the tribunitian power had died along with Genucius and was buried with him; that other means must be devised and practised, by which to resist the patricians; and that the only method for that was that the people should defend themselves, since they now had no other aid. That four-and-twenty lictors waited on the consuls; and that these very individuals were from among the commons; that nothing could be more despicable, nor weaker, if there were only persons who could despise them; that each person magnified those things and made them objects of terror to himself." When they had excited each other by these discourses, a lictor was despatched by the consuls to Volero Publilius, a man belonging to the commons, because he stated, that having been a centurion he ought not to be made a common soldier. Volero appeals to the tribunes. When one came to his assistance, the consuls order the man to be stripped and the rods to be got ready. "I appeal to the people," says Volero, "since tribunes had rather see a Roman citizen scourged before their eyes, than themselves be butchered by you in their bed." The more vehemently he cried out, the more violently did the lictor tear off his clothes and strip him. Then Volero, being both himself of great bodily strength, and being aided by his partisans, having repulsed the lictor, when the shouts of those indignant in his behalf became very intense, betook himself into the thickest part of the crowd, crying out, "I appeal, and implore the protection of the commons; assist me, fellow citizens; assist me, fellow soldiers; there is no use in waiting for the tribunes, who themselves stand in need of your aid." The men, being much excited, prepare as it were for battle; and it became manifest that there was urgent danger, that nothing would be held sacred by any one, that there would no longer exist any public or private right. When the consuls faced this so violent storm, they soon experienced that majesty without strength had but little security; the lictors being maltreated, the fasces broken, they are driven from the forum into the senate-house, uncertain how far Volero would push his victory. After that, the disturbance subsiding, when they had ordered the senate to be convened, they complain of the outrages committed on themselves, of the violence of the people, the daring of Volero. Many violent measures having been proposed, the elder members prevailed, who recommended that the unthinking rashness of the commons should not be met by the passionate resentment of the patricians.

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      The commons having espoused the interest of Volero, with great warmth choose him, at the next election, tribune of the people for that year, which had Lucius Pinarius and Publius Furius for consuls; and, contrary to the opinion of all men, who thought that he would let loose his tribuneship in harassing the consuls of the preceding year, postponing private resentment to the public interest, without assailing the consuls even by a single word, he proposed a law to the people that plebeian magistrates should be elected at the comitia by tribes. A matter of no trifling moment was now being brought forward, under an aspect at first sight by no means alarming; but one which in reality deprived the patricians of all power to elect whatever tribunes they pleased by the suffrages of their clients. The patricians used all their energies in resisting this proposition, which was most pleasing to the commons; and though none of the college could be induced by the influence either of the consuls or of the chief members of the senate to enter a protest against it, the only means of resistance which now existed; yet the matter, important as it was by its own weight, is spun out by contention till the following year. The commons re-elect Volero as tribune. The senators, considering that the question would be carried to the very extreme of a struggle, elect to the consulate Appius Claudius, the son of Appius, who was both hated by and hated the commons, ever since the contests between them and his father. Titus Quintius is assigned to him as his colleague. In the very commencement of the year no other question took precedence of that regarding the law. But though Volero was the inventor of it, his colleague, Lætorius, was both a more recent abettor of it, as well as a more energetic one. Whilst Volero confined himself to the subject of the law, avoiding all abuse of the consuls, he commenced with accusing Appius and his family, as having ever been most overbearing and cruel towards the Roman commons, contending that he had been elected by the senators, not as consul, but as executioner, to harass and torture the people; his rude tongue, he being a military man, was not sufficient to express the freedom of his sentiments. Language therefore failing him, he says, "Romans, since I do not speak with as much readiness as I make good what I have spoken, attend here to-morrow. I will either die here before your eyes, or will carry the law." On the following day the tribunes take possession of the temple; the consuls and the nobility take their places in the assembly to obstruct the law. Lætorius orders all persons to be removed, except those going to vote; the young nobles kept their places, paying no regard to the officer; then Lætorius orders some of them to be seized. The consul Appius insisted "that the tribune had no jurisdiction over any one except a plebeian; for that he was not a magistrate of the people in general, but only of the commons; for that even he himself could not, according to the usage of their ancestors, by virtue of his authority remove any person; because the words run thus, if ye think proper, depart, Romans." He was able to disconcert Lætorius by arguing fluently and contemptuously concerning the right. The tribune therefore, burning with rage, sends his beadle to the consul; the consul sends his lictor to the tribune, exclaiming that he was a private individual, without power and without magistracy; and the tribune would have been roughly treated, had not both the entire assembly risen up with great warmth in behalf of the tribune against the consul, and a rush of persons belonging to the multitude, which was now much excited, taken place from the entire city into the forum. Appius, however, withstood so great a storm with obstinacy, and the contest would have ended in a battle, not without blood, had not Quintius, the other consul, after giving it in charge to the men of consular dignity to remove his colleague from the forum by force, if they could not do it otherwise, himself assuaged the enraged people by entreaties, and implored the tribunes to dismiss the assembly. "That they should give their passion time to cool; that delay would not deprive them of their power, but would add prudence to strength; and that the senators would be under the control of the people, and the consul under that of the senators."

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