Similar dissatisfaction grew up in Rome against the consular authority. For the people seeing one war follow another, and that they were never allowed to rest, when they should have ascribed this to the ambition of neighbouring nations who desired their overthrow, ascribed it to the ambition of the nobles, who, as they believed, being unable to wreak their hatred against them within the city, where they were protected by the power of the tribunes, sought to lead them outside the city, where they were under the authority of the consuls, that they might crush them where they were without help. In which belief they thought it necessary either to get rid of the consuls altogether, or so to restrict their powers as to leave them no authority over the people, either in the city or out of it.
The first who attempted to pass a law to this effect was the tribune Terentillus, who proposed that a committee of five should be named to consider and regulate the power of the consuls. This roused the anger of the nobles, to whom it seemed that the greatness of their authority was about to set forever, and that no part would be left them in the administration of the republic. Such, however, was the obstinacy of the tribunes, that they succeeded in abolishing the consular title, nor were satisfied until, after other changes, it was resolved that, in room of consuls, tribunes should be appointed with consular powers; so much greater was their hatred of the name than of the thing. For a long time matters remained on this footing; till eventually, the commons, discovering their mistake, resumed the appointment of consuls in the same way as the Florentines reverted to “the Ten of the War.”
XL
Of the creation of the Decemvirate in Rome, and what therein is to be noted. Wherein among other matters is shown how the same causes may lead to the safety or to the ruin of a commonwealth.
It being my desire to treat fully of those disorders which arose in Rome on the creation of the decemvirate, I think it not amiss first of all to relate what took place at the time of that creation, and then to discuss those circumstances attending it which seem most to deserve notice. These are numerous, and should be well considered, both by those who would maintain the liberties of a commonwealth and by those who would subvert them. For in the course of our inquiry it will be seen that many mistakes prejudicial to freedom were made by the senate and people, and that many were likewise made by Appius, the chief decemvir, prejudicial to that tyranny which it was his aim to establish in Rome.
After much controversy and wrangling between the commons and the nobles as to the framing of new laws by which the freedom of Rome might be better secured, Spurius Posthumius and two other citizens were, by general consent, despatched to Athens to procure copies of the laws which Solon had drawn up for the Athenians, to the end that these might serve as a groundwork for the laws of Rome. On their return, the next step was to depute certain persons to examine these laws and to draft the new code. For which purpose a commission consisting of ten members, among whom was Appius Claudius, a crafty and ambitious citizen, was appointed for a year; and that the commissioners in framing their laws might act without fear or favour, all the other magistracies, and in particular the consulate and tribuneship, were suspended, and the appeal to the people discontinued; so that the decemvirs came to be absolute in Rome. Very soon the whole authority of the commissioners came to be centred in Appius, owing to the favour in which he was held by the commons. For although before he had been regarded as the cruel persecutor of the people, he now showed himself so conciliatory in his bearing that men wondered at the sudden change in his character and disposition.
This set of commissioners, then, behaved discreetly, being attended by no more than twelve lictors, walking in front of that decemvir whom the rest put forward as their chief; and though vested with absolute authority, yet when a Roman citizen had to be tried for murder, they cited him before the people and caused him to be judged by them. Their laws they wrote upon ten tables, but before signing them they exposed them publicly, that everyone might read and consider them, and if any defect were discovered in them, it might be corrected before they were finally passed. At this juncture Appius caused it to be notified throughout the city that were two other tables added to these ten, the laws would be complete; hoping that under this belief the people would consent to continue the decemvirate for another year. This consent the people willingly gave, partly to prevent the consuls being reinstated, and partly because they thought they could hold their ground without the aid of the tribunes, who, as has already been said, were the judges in criminal cases.
On it being resolved to reappoint the decemvirate, all the nobles set to canvass for the office, Appius among the foremost; and such cordiality did he display towards the commons while seeking their votes, that the other candidates, “unable to persuade themselves that so much affability on the part of so proud a man was wholly disinterested,” began to suspect him; but fearing to oppose him openly, sought to circumvent him, by putting him forward, though the youngest of them all, to declare to the people the names of the proposed decemvirs; thinking that he would not venture to name himself, that being an unusual course in
