228 The Republic. R 0 
being chosen from the popular, and the other from the 
aristocratic party. In the year of Rome 272, C^eso Fabius, 
of the high party, and Spurius Furius, in the interest of 
the commons, were consuls. They set out at the head of 
two armies to attack the iEqui and Veientes, but while the 
soldiers of Furius, devoted to their leader, ravaged the ene¬ 
my’s country and returned laden with plunder, the infantry of 
Fabius refused to fight, suffered the patrician cavalry to be cut 
to pieces by the Veientes, and then deserted their camp, and 
forced the consul to escort them back to Rome. During 
seyeral years the strength of the enemies of the republic 
gained ground. Famine, indeed, and the very cogent argu¬ 
ment, that only by union could they conquer, drove the 
Romans every now and then into the field ; but the Sabines, 
Etrurians, and Volsci all united, and the ruin of the country 
seemed fast approaching. Still the imperious patricians re¬ 
fused to yield to the just demands of the people. The Fa¬ 
bian family especially, who for a long time held a share of 
the consulship, madly opposed all innovation. Yet they 
were brave, and deserved well of their country for their devo¬ 
tion, however culpable for stupidity: on one occasion the 
whole clan, upwards of 300 in number, marched against the 
enemy. They performed, the Roman historians say, pro¬ 
digies of valour, were surrounded, and all killed. 
It was in the year 280, during the consulate of L. Emilius 
arid Vopiscus Julius, when the enemies had been for a 
time beaten back, that one of the tribunes imperatively 
demanded the execution of the Agrarian law. But Genucius, 
the tribune who made this demand, was found dead in his 
bed, and if his death was not effected by the patrician party, 
several of them thought proper to hint as much, by way of 
intimidating the friends of the people, and a loud and general 
indignation became developed. This agitation was in¬ 
creased by an unjust attempt to scourge a valiant plebeian 
soldier named Valero . This man, for mere party purposes, 
was refused the usual promotion, and when he demanded it 
as his right, was condemned to be publicly whipped. The 
people beat off the lictor who attempted to put this sentence 
in force, and attacked the senators. In the next consulate they 
elected Valero tribune. After long struggles, and even 
serious scuffles between the popular party and Appius 
Claudius and his friends, Valero passed a law that the tribunes 
should be chosen by the tribes of the people, and not 
by the divisions into Curiae, as made by Servius Tullius, 
this method having given too much influence to the nobi- 
lity. 
After several years of disorder at home and defeat abroad, 
the senate applied to the old resource of appointing a dictator. 
The man they pitched upon for this office was, Quintus 
Cincinnatus. He was an old patrician, whose son had been 
arraigned before the people for misconduct during his con¬ 
sulship. Aware that with the enraged people accusation 
was a certain prelude to condemnation, the patricians con¬ 
trived that his trial should be put off, and his father was 
bound by a heavy fine to produce him at his trial. The 
son fled, and the mulct so far ruined Cincinnatus that he was 
compelled to cultivate his little farm- with his own hands. 
A deputation from the senate found him at his plough, and 
informed him that he w'as named dictator. In choosing 
Cincinnatus, the senate seem to have been actuated by the hope 
that a man in some measure removed from the influence of 
either party, might stand some chance of obedience from the 
refractory plebeians, without entirely yielding to the popular 
demands. He was victorious and laid down the dictatorship, 
but he was soon requested again to take it up, for the defeated 
enemies of Rome again attacked her, and the people refused to 
serve until the Terentian law was passed. This was a law 
to alter the penal code and to provide for its more efficient 
execution, all judgments having been long in the hands of 
the patricians, who had no written rules, but acted from their 
own notions of equity. 
Cincinnatus was not so successful this time in silencing the 
populace, but he engaged them to defer for a short time the 
Terentian law, and they accepted in exchange permission to 
M E. The Republic. 
double the number of the tribunes, a most important victory 
over the aristocratic party. 
It was during the tribuneship of Sicinius, a plebeian 
soldier, to whom all the army was attached and who had 
won several battles, that the senate yielded to the wish of 
th6 people concerning the Terentian law. It was agreed that 
ambassadors should be sent to the Greek cities in Italy, and 
to Athens, to bring home such laws from thence as by ex¬ 
perience had been found most equitable and useful. For this 
purpose, three senators, Posthumius, Sulpicius, and Manlius, 
were fixed upon, and galleys assigned to convoy them, 
agreeable to the majesty of the Roman people. While they 
were upon this commission abroad, a dreadful plague depo¬ 
pulated the city at home, and supplied the interval of their 
absence with other anxiety than that of wishes for their return. 
In about a year the plague ceased, and the ambassadors 
returned, bringing home a body of laws, collected from the 
most civilized states of Greece and Italy, which being after¬ 
wards formed into ten tables, and two more being added, 
made that celebrated code called the Laws of the Twelve 
Tables. 
The ambassadors were no sooner returned, than the tribunes 
required that a body of men should be chosen to digest their 
new laws into proper form, and to give weight to the execu¬ 
tion of them. After long debates whether this choice should 
not be partly made from the people as well as the patricians, 
it was at last agreed that 10 of the principal senators should 
be elected, whose power, continuing for a year, should be 
equal to that of kings and consuls, and that without any ap¬ 
peal. The persons chosen were Appius and Genutius, who 
had been elected consuls for the ensuing year; Posthumius, 
Sulpicius, and Manlius, the three ambassadors; Sextus and 
Romulus, former consuls; with Julius Veturius, and Horatius, 
senators of the first consideration. 
The decemviri being now invested with absolute power, 
agreed to take the reins of government by turns, and that each 
should dispense justice for a day. 
These magistrates, for the first year, wrought with extreme 
application, and produced ten tables of laws; of these several 
fragments remain: they have been partly restored from old 
inscriptions, and partly found in the works of the Latin writers. 
We shall offer no apology to our readers for presenting them 
with these laws. Though tedious to superficial readers, they 
are far more interesting to the philosophical historian, than 
all the sieges, battles or romantic stories that ever adorned 
the annals of a country ; for they exhibit the earliest 
efforts that Rome made towards that sound law which is 
founded in the immutable principles of justice. They have 
been, in truth, as Cicero says, of more value -than the li¬ 
braries of all the philosophers. Moreover these laws are 
specimens of the barbarous and inefficient language of the 
time; and they are valuable as proofs that the popular party 
were not, as we should at first sight be inclined to suppose, 
a noisy mob clamorous for uncertain and unfair advantages, 
but that the tribunes of Rome looked to something higher 
and better, than to an envious degradation of their superiors, 
and that their demands had in view rather to elevate the 
plebeian to his natural right, as a free citizen, and to restrain 
him only by the bonds of law and justice. It is necessary to 
premise, that from the imperfect state of the language, a 
great latitude has been taken in the translation of these 
laws. We have chiefly, but not invariably, followed the 
readings which the Fathers Catrou and Rouille have adopted, 
from a numerous list of learned authorities. 
Table I. —Of Law Suits. 
1. S’in jus vocaf, atque eat.—If any one calls you before 
the judge, go immediately. 
2. N’itantestamino : igitur em capito.—If the person you 
cite refuses to go with you before the judge, take some that 
are present to be witnesses of it, and you shall have a right 
to compel him to appear. 
3. Si calvitur, pedem ve strait, manum endo jacito.— 
If he kicks or attempts to run off, seize him by force. 
4. Si 
