The republic of Cicero · Marcus Tullius Cicero
BOOK II.
The law, too, which for the sake of concord passed in the consulate of Lucius Valerius Potitus, and M. Horatius Barbatus, men very justly popular; sanctioned the principle, that no magistrate should be created without appeal. Nor did the Portian laws, which are three as you know of the three Portii, contain any thing new except the confirmation of it. Publicola therefore, upon the law in favour of appeal being published, immediately ordered the axes to be taken from off the fasces, and the next day had Sp. Lucretius appointed to him as his colleague: being his superior in age, he ordered his own lictors to go to him; and first established the custom that lictors should precede each of the consuls, alternate months, lest the ensigns of command among a free people, should be as numerous as in a kingdom. There was something more than mediocrity in this man, as I consider him: who having given a moderate liberty to the people, preserved more easily the authority of the chiefs. Nor do I repeat these things, now so old and obsolete to you, without cause. I select examples of men and things drawn from illustrious persons and times, to which the remainder of my discourse shall be applied.
XXXII. In such a manner the senate governed the commonwealth in those days, that though the people were free, still they interfered in but few things. Public affairs were principally managed under the authority, and by the rules and customs of the senate. And although the consuls possessed their power only for a year, it was royal in its nature and effect. And this was strenuously preserved, as necessary to the preservation of the influence of the nobles and principal chiefs, that nothing should be established in the meetings of the people, which was not sanctioned by the authority of the fathers. In these very times too, T. Larcius was appointed dictator, about ten years after the first consuls. A new kind of authority, very much resembling, as we perceive, the royal power. But all great matters were conducted by the authority of the principal men, the people submitting to it. And great events took place in those times in war, under renowned men in the supreme command, from among those very dictators and consuls.
XXXIII. But what belongs to the very nature of things, as that a people emancipated from kings, should take a little more power to themselves; was brought about not long after, about the sixteenth year, in the consulate of Postumus Cominus, and Sp. Cassius. Not in the right way perhaps, but it is of the nature of public affairs frequently to deviate from what is right. For observe what I said in the beginning, that unless an equable compensation prevails in a state, in the laws, in offices, in emoluments; so that the magistrates enjoy their proper degree of power; the chief men their authority in council, and the people their liberties, such a state of the government cannot remain unchanged. For when the city was in commotion on account of the pressure of their debts, the people first occupied the Sacred Mount, then the Aventine. Nor could the discipline even of Lycurgus keep the Greeks within those restraints. In the reign of Theopompus, at Sparta, those five whom they call Ephori; the ten too in Crete, who are called Cosmoi; arose against the royal power, as the tribunes of the people did against the consular authority.
XXXIV. Perhaps there was a mode by which our ancestors might have relieved the pressure of the law of debt, which had not escaped Solon, the Athenian, some short time before, and which our senate adopted not long after, when on account of the infamous conduct of a creditor, the citizens were liberated from the general oppression, and voluntary bondage on account of debt abolished in future.[18] And always at such periods, when the common people are exhausted by contributions in times of public calamity, some relief and remedy is to be devised for the common safety. Which the senate having neglected to do, sufficient cause was given to the people to create two tribunes during a sedition of the plebeians, with intent to weaken the power and authority of the senate; which nevertheless remained a grave and great body, bringing forward in the service of the state the wisest and bravest men, and strengthening it by arms and counsel. And their authority was the greater, because far excelling all others in honour, they were less conspicuous for voluptuousness, and not much signalized by their wealth. Their high worth also was the more esteemed in the state, because in private life they diligently assisted individuals by their advice, and by substantial services.
XXXV. In which situation of the republic, the quæstor accused Sp. Cassius, who enjoyed the highest degree of favour with the people, and was contriving a usurpation of the government; and as you have heard, when his own father stated himself to be satisfied of his guilt, the people assenting to it, he put him to death. It was a grateful thing also to the people, when Sp. Tarpeius, and A. Aternius, consuls, about fifty-four years after the first consuls, carried a law in the meetings of the centuries concerning fines. Twenty years afterwards when L. Papirius, and P. Pinarius, censors, by pronouncing fines, converted the strength of the flocks of many private individuals to the public use; a light valuation of cattle was ordained in the law on fines, during the consulate of C. Julius and P. Papirius. XXXVI. But some years before, when the senate enjoyed the greatest authority, the people being very patient and obedient, a new plan was instituted. The consuls and the tribunes of the people abdicated the magistracy, and ten men were created with the greatest authority, and without appeal, who were to possess the supreme power, and to inscribe the laws. Who when they with great equity and prudence, had written ten tables of laws, appointed ten other decemvirs for the following year, whose faith and justice are not in like manner praised. From which college, however, comes that praiseworthy act of C. Julius, who stated that in his presence a body had been dug out of the chamber of a patrician, L. Sestius. Although he had supreme power, and as decemvir was without appeal, he admitted him to bail, refusing to lose sight of that most excellent law, which forbids sentence to be pronounced on the head of a Roman citizen, unless in the meetings of the centuries.
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