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قراءة كتاب The Two Great Republics: Rome and the United States
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The Two Great Republics: Rome and the United States
campaign. They refused to obey. One of the consuls, Publius Servilius, however, induced them to make the campaign by suspending some of the laws bearing most heavily upon the poor and by releasing all persons in prison for debt. But hardly had the army returned from a victorious campaign than the other consul, Appius Claudius, as a reward for their victory began to enforce the debtor laws with extraordinary severity.
Once more, in the following year, the plebeians were induced to take the field, mainly on account of the popularity of the dictator appointed for the management of this campaign, Marius Valerius, and his promise that upon the termination of the campaign permanent reforms would be made in the law. Again the Roman army was victorious, and again the patricians broke faith with the plebeians and refused to carry out their promised reforms.
The next scene in this conflict is one almost without parallel, either in ancient or modern history. The plebeians, disgusted by the selfishness and perfidy of the patricians, determined to abandon Rome to the patrician order and to found a new city for themselves upon the "Sacred Mount," a hill situated between the Tiber and the Anio. The patricians, thunderstruck by this unexpected movement, and being far more in need of the plebeians than the plebeians were of them, immediately made sufficient concessions to the plebeians to induce them to return to Rome.
Some of the concessions made at this time related to temporary provisions for relief of debtors; but the great innovation was that which established the office of tribune. The character of the office of tribune is absolutely unique in the political history of the world. The tribunes, elected by the people in the comitia tributa, were plebeian officers who were at first without any constructive part in the carrying on of the Roman government and whose sole duty at the outset was to protect the members of the plebeian order from the oppression of the patrician officials. This protection was exercised mainly through the use of the veto power given to the tribunes. Under this power the tribunes had the right at any time to put a stop to any act either by any of the public assemblies, by the Senate, or by any of the magistrates. It was a power which, if exercised to its fullest extent, could put a stop to the very carrying on of the government.
It speaks much for the moderation of the Roman tribunes that through all the centuries of the Roman republic little serious inconvenience was experienced from the use of this power. With few and unimportant exceptions, it was exercised only in cases where the welfare of the plebeians as a class, or of some particular plebeian, demanded it.
The creation of the office of tribune was merely one more example of that system of checks and balances which played so prominent a part in the framing of the government after the expulsion of the king—a system of checks and balances so strikingly resembling that in our Federal Constitution. The tribunes were introduced as a protection for the plebeians and an additional restraint upon the magistrates.
While at first the power and duties of the tribunes were entirely of a negative nature, they gradually acquired an authority of a positive character. The tribunes generally presided over the comitia tributa and took the lead in securing the passage of laws by that body. In addition they acquired judicial powers, and in cases where a plebeian had been wronged they could summon any citizen, even the consuls, before them, and might impose even the death penalty. The persons of the tribunes were declared inviolable, and any one who attacked them was thought to be accursed. The number of the tribunes was at first two, but was later increased to five and still later to ten.
The second great victory won by the plebeians was in the passage of the Publilian Law in 471 B.C. This law was proposed by the tribune Valerius Publilius, and was brought about by the murder of the tribune Gnæus Genucius. The main object of this law was the protection of the plebeian assembly and the plebeian officers, but its exact details are unknown. It is believed by some that the comitia tributa really came into existence with this law, and that previously the plebeians had voted by curies. The law limited to plebeian freeholders the right to vote in a plebeian assembly, and excluded nearly all the freedmen and clients who were under the influence of the patricians as well as the patricians themselves. It is possible also that the increase in the number of the tribunes from two to five was made by this law. In 462 B.C. an unsuccessful attempt was made to abolish the office of tribune; in 457 B.C. came the increase from five tribunes to ten.
From 451 to 450 B.C. the regular system of government at Rome was interrupted by the election and rule of the decemvirs. The episode of these decemvirs has an important place in Roman history; but (as is the case with all events in Roman history in the fifth century before Christ) our knowledge of these men, of their work, and of their overthrow is very uncertain. The election of these officials was primarily brought about by the recognized necessity for a reform and codification of the Roman laws. If the duties of these men had been limited to the preparation of such code, its character and position would not have been unsimilar to that of numerous other bodies of men appointed for a similar purpose in many countries and in all ages. But the peculiarity about the work of the decemvirs lies in the fact that upon their appointment all the ordinary Roman offices were discontinued and the entire judicial and executive administration of the state passed into the hands of the decemvirs.
During their first year of office the decemvirs drew up ten tables of laws, so called because the laws were engraved upon tables of copper and stood up in the Forum on the rostra in front of the Senate house.
According to the legends (for the Roman historical records of this century are little more than such), it had originally been intended to intrust the decemvirs with power only for a single year, but their work being incomplete at the expiration of the first year, they were chosen for a second year. It is uncertain whether the decemvirs for the second year were exactly the same men as those for the first year. According to some reports some of the decemvirs of the second year were plebeians, while none of those originally elected belonged to that order.
During their second year of office the decemvirs prepared two more tables of laws, and these, with the ten tables prepared during the preceding year, constituted the famous "Law of the Twelve Tables," the first Roman code of which we have any knowledge. Only fragmentary extracts from these tables have come down to us, but these fragments furnish us with such an insight into early Roman laws, institutions, and customs that they are here inserted:
THE TWELVE TABLES
Table I
THE SUMMONS BEFORE THE MAGISTRATE
1. If the plaintiff summon a man to appear before the magistrate and he refuse to go, the plaintiff shall first call witnesses and arrest him.
2. If the defendant attempt evasion or flight, the plaintiff shall take him by force.
3. If the defendant be prevented by illness or old age, let him who summons him before the magistrate furnish a beast of burden, but he need not send a covered carriage for him unless he choose.
4. For a wealthy defendant only a wealthy man may go bail; any one who chooses may go bail for