But it became much more favorable situation for the common people if they are in condition as opposed to the other compact class, that of the patricians. The misfortune of a commoner did not appear then as insignificant everyday event, but that fact was considered typical of the situation in its class. And not only that, occasionally happen that the situation could be relieved by pressing the help of classmates better off, as to the history, semi-legendary, of Spurious Melio. Every existence would be destroyed noted in the book of the crimes perpetrated by the nobility and the more their numbers increase, the more classmates, threatened by the same fate, would join in phalanx closed, thus bringing the day of liberation. It was thus the great storm brewing, which was to topple from its foundations the whole domain of the nobility.
We know the organization of the people rather the way that it has assumed in the later period, when the conflict between patricians and plebeians had already been overcome. What the tradition tells us about the origin of that organization is mixed until the indiscernible, with legends, family stories, fantastic deductions, etc.. However, the very institutions of the post are, in this respect, very instructive, because it kept the old ways under new conditions, but these no longer suitable for its content. In the period after the mob is the Roman people (populus Romanus), beside which the nobility no longer has any political significance. However, the mob still retains its individual officers, clearly distinct from the judges representing the whole people. Also, the mob continues to meet in their private assemblies, which were excluded from the nobility, as well as the plebeian magistrates. The functions of these special officers called "tribunes of the people, were gradually extended, certainly more by force of customary law. by law, to become superior to the power of the consuls and the Assemblies of separate individuals or the people, who were the body of these magistrates, had been able to acquire such importance that its deliberations were recognized by law as binding for all people. It is true that the patricians repeatedly challenged the validity of this law, but eventually the mob managed to incorporate it as indisputable part of state law. By contrast, the privileges of the patricians were eventually reduced to purely external formalities and so inconsistent that the champions of the people even considered it worthwhile to make the slightest effort to eliminate them.
At its inception, the organization of the people was purely internal matter. First, the patricians matter get the recognition of its steering committee (the body of the tribunes) and induce them to discuss with her about the differences and disputes that. arose. Surprising that the common people, once routed through this route, and, therefore, already aware of their strength, have not, the first resistance of the patricians, broken all the negotiations and attempted to impose on the minority, violence , thesis. According to all human foresight, the triumph could not have been lacking. This seems, however, that procedure had its risks. A similar organization is judged by today's successes more easily than in those times, when even there were precedents for such an experiment. They needed time and patience for incorporation into the organization all interested in the struggle and victory. Those among his classmates were in a state separate deal, could be observed with suspicion development that were taking things, but the privileges of the patricians were a thorn in their eyes, could, however, sought to expense of weaker, some advantages, which were not prepared to resign. Furthermore, we see, by the acceptance of some commoners in the Senate, how the patricians were quite prudent to look at the approaching storm, allies within the mob itself. For these allies do not become too annoying, the patricians were available to them effective limitations: for example, restricting the right to speak.
Another even more solvent for the new organization was that of the mass of customers. After the disappearance of all national differences, the clientele was, as mentioned above, only in a relationship of economic basis, while, according to public law, the former clients had spent all part of the mob. Even if these customers made their living as laborers or as tenants, it takes great strength of resolution to risk those momentary advantage by sticking to the organization of the plebs. They could even-since by their plebeian origin belonged, without any further requirement, the organization, attempting to ruin, from within it and in the interest of their patrons (Patroni), the success of his classmates know , thus serving the nobility of manner rather than by withdrawal.
But, quite apart from such circumstances, the mob could not force the situation up to the civil war, if not secured to the first blow was a decision quickly and favorably. The outbreak of civil war would mean a direct invitation to the neighboring peoples (Latin, Sabella, Etruscans, etc.). To embark on the city of the Tiber, overlooking the sea coast, the main river and the fertile plain, and escape , once and for all, by a vigorous blow, neighbor so dangerous. To this it must be the almost total lack of violent outbursts and bloodshed in the struggle between patricians and plebeians. Furthermore, it is the conservative nature of an agricultural town, avoid the use of violence until it offers alternatives for achieving their demands, even if it requires a much higher degree of persistence and patience.
The tradition unites the first great progress of the people-the public recognition of his organization, an event which even today is a way characteristic of the tactics of class struggle: the general strike of the populace. The tradition presented by some embellishing and exaggerating "the facts of this: Rome was in grave danger following the attacks of the border tribes, in such a situation is promised to the crowd of servants commoners (insolvent debtor), a relief of their fate if they are willing to march against the enemy. The plebeians accepted the offer, the invaders are driven back, but the nobility did not keep its promises. The case is repeated shortly thereafter. New wars, new promises, new victories and new violations of the word given. But the plebeians are now given encouragement. They finally gathered into one body of war and are aware of their class community. Led by their officers, the tribunes, leaving the city and declare solemnly in front of their doors that go to form a distinct community on Holy Hill, on the River Aniene (Year), less than an hour away from the walls Rome. This event is set to have occurred some 15 years after the expulsion of the kings and then the last violent attempt to restore them in power.
That this fact is developed in this way in this relationship and at this time can not be established with certainty. But, on the application of the means of struggle in times historically defined, we must also admit that this weapon was in the arsenal of the crowd. The exodus (Secessio) of the city was not really anything but a general strike. Without the plebeian mass, the Roman community was unable to resist attacks from the neighboring villages, indeed, the gravest danger would have come from the new plebeian community, numerically superior and established at their doorstep, on the Holy Mount. Moreover, the place for a new community foundation had not been chosen correctly, because, being in the immediate vicinity of the mother city, had not offered the peace and security, especially in the early days. You can not therefore consider this exodus of the people (Secessio plebis) but as a threat demonstrative. If the mob had had really intended to establish a separate and distinct community, could hardly have established in the vicinity of Rome, as this inevitably led to civil war had wanted to avoid in the inner city. The secession of the plebs was thus in the end, only an illegal declaration of war on the nobility, statement disguised under the legal form of the strike.
According to tradition, the chosen medium had its effect immediately, as well as other subsequent success of the people are the result of strikes. The aristocracy had to concede to the heads of the plebeians, the tribunes, most important powers. They got the right care for their classmates: that is, could veto any action by a patrician into a plebeian, even if the same consul in charge of implementation. Hence arose the right of veto in the broadest sense. The power of the tribunes became effective mainly related to military service and the reduction in debt slavery, but should file a protest in person and before the execution of the act, unable to undo what had been accomplished. In general, the tribunes, under the constitution, not sent, but vetaban. Besides, it was recognized the inviolability of their person. This was also extended to his aides, the magistrates, whose special function was apparently to protect the plebeians against arbitrary acts that were committed to ready them for the execution of public works tes. If the veto is not met or if someone violated the person of the tribunes or the aldermen, the culprits were sentenced to death and executed the sentence was precipitated from the Rock Tarpeya. For the authority of the tribunal is characteristic that the Roman emperors from Augustus, did derive its inviolable majesty of the ancient power of the pulpit, telling their years of government from that on which they had been given the power tribune.
But the task of the tribune did not end with the right care. Its negative power (the veto) indicated only its position within the wider community, but within the populace, the Tribune explained a broad and positive, though not intended by the constitution. As leaders of the organization plebeian tribunes-first were apparently two, then five, then ten: the story of the tribune is based on uncertain combinations of antique-ancient and modern, private assemblies convened in the crowd, distributed according to the rural districts (tribes), to discuss the issues that interested him, to deliberate on specific proposals and proceed to the election of the tribunes. As a first subsequent success, tradition regards the recognition of referendums: the private deliberations of the Assemblies of the people should be regarded as binding law for all people, including the patricians. It is true that this opinion was subordinate to the Senate, which corresponded to declare itself the motions before the Assemblies of the people were either not constitutionally permissible. For this intervention was suppressed "a priori" much of the success, however, was quite important that, alongside the Assembly of the Centuries (Comitia centuriata)-in which the patricians could prevail thanks to the voting system and direction of it, there was another, equally with deliberative powers. In particular the Assembly of the people, where the votes were made individually, within their respective tribes, the small peasant represented the decisive element. Otherwise, you could get more easily from the Senate that on the part of the Centuries. The Senate was basically an authority and as such had some moral obligation to appear impartial or, at least politically prudent, while in the popular assemblies the vote was usually determined by the base selfishness.
Do not forget either that the nobility had been forced to accept the Senate some commoners. Although commoners were senators, for their economic position - socially, much closer to the nobility of the great mass of his classmates could not forget, in the same interests, the interests of its kind, at least until that had not achieved the fundamental political equality with the nobility. And just in the Senate should warn those members commoners how painful your situation. It was, indeed, humiliating and embarrassing for them to be always treated as second-class senators, must abide by in silence all is said and mortifying that he intended about his class and able to express their opinion only in the final vote. Already at the address below must feel their position is, when he began his speech with the words "Parent Attachment" (Parent et conscripti). Formal privileges of the patrician senators at a later time how modest it is inferred must have been at first the rights of "conscripti. Therefore, despite the large economic differences, there was always the common people then within a community of interests, so the Senate deliberations could occasionally result in favor of the plebeians, while indicating that most the Senate was a commoner, not be taken seriously on ele era struggle between the two classes.
With the creation of the tribune and the Assemblies of the tribes had managed commoners be heard and present their claims. Out what their claims, this was the economic and political conditions. Undoubtedly, the two major goals-participation in the "ager publicus" and the state administration could not be achieved at once. It was necessary to achieve a long series of partial successes, before really getting to conquer all the essentials. Spoke in favor of sound sense of Roman peasants that on the one hand looked just the essentials without wasting their strength in the struggle to empty formalism, and moreover, did not relinquish in anything truly substantial.
But until the essentials were made, the patricians opposed plebeian claims the fiercest resistance. Refer tradition for many years how the patricians they agreed to do some other concession, especially land allocations, only when the attitude of the populace becomes threatening. The heads of the. eme mob soon noticed the achievement of economic goals was impossible without the radical transformation of the political and the subsequent creation of a secure base on which to develop the probability of success fought. In this sense tribunicia legislation will increasingly widen, and achieved the first success, the mob quickly march from victory to victory, reaching the desired alignment.
One of the most important preliminary step was the codification of existing law, both favored the nobility. Greatly hampered the leadership of the struggle that lacked a basis for the demands and concessions and that the current rules were difficult to understand in order to modify them effectively. Rome did not have a code yet. The judge did justice according to principles contained in formulas handed down from father to son. Patrician officials who exercised justice in person or by judges appointed by them, and that in most cases were senators, so it could not be called to answer for their management. Even though their sentences violate the legal conscience and seriously offended so provocative to the other class, the code lacked a measure, with which it could properly appreciate or condemn the conduct of judges.
The claim that the tribunes presented as champions of the people, not tended at first, very prudently, to get the right deal, especially for the poor plebeians, but to get the encoding of the current, with all its hardships. The tradition has also adorned with accessories that struggle extraordinarily abundant. It is worth remembering everything she talks about the long struggle and its preparations, and the less the story of the abuses allegedly committed by ten men (decemviri), chosen for encoding, to be staggered by the plebeians and patricians confederates.
The resistance of the nobility is easily understandable. However that might be favorable for it codified law the obligation to obey it was always less convenient than the discretionary functions held till then. But this resistance should eventually break down in front of the compact organization commoner. The law in force was recorded, apparently in the years 451 -450, nearly half a century after the abolition of the monarchy, on twelve tablets of bronze, which, for the information of all were exposed in the marketplace (Forum), as a code of the Roman people. Subsequent legislation amended or abolished, by the way, something of the Code of the Twelve Tables, but it was always based on Roman civil law and unconditional value for all cases for which had not been prepared at a later time differently. And being the Roman civil law accepted by almost all civilized peoples, the law of the Twelve Tables may be considered the basis of modern civil law.
Although from the standpoint of social class and the common people could not expect such a codification great achievements, was, however, included a more benign use, any fair consideration, which was formerly practiced only in exceptional cases. We have already recalled how he had been established by law a waiting period of 60 days, before which time could not apply the strict provisions on the debt, otherwise kept in the Code of the Twelve Tables. In addition, I set a minimum livelihood to the creditor must provide the debtor reduced to servant. It also goes against usury law of the Twelve Tables: the usurer had to pay four times the illegal gain, while the thief had to return only double or triple. As was permitted maximum annual interest twelfth of the loan, ie, one ounce per pound of copper or, as the modern term of art, 8 1 / 3%. That interest rate may seem excessive, but for purposes of seniority was not an exaggeration, let alone at that time the basis of money exchange was still in its infancy. It also appears that at least attempted, by some measures, giving the administration of justice impartial look. It threatens the death penalty so the judge to accept gifts from parties, and the witness whose statement was false. The first paragraph of this provision is indeed a great achievement, because the gifts of the parties, made the judge, were not originally an attempt at corruption, but, as in Homer's fees, compensation for their activity, only with the passage of time the use was changed to abuse, so it was a great achievement that is strongly extirpated root of evil. It is worth noting adopted another principle: the greater leniency toward juvenile delinquency.
But elsewhere in nature manifests the patrician rigidly, ie largely capitalist of that Code. It maintains the old law as to the debts and providing for the death penalty for theft in the field accomplished overnight. The thief caught red handed becomes property of the victim at the same time the debtor insolvent. It also established the death penalty for perpetrators of offenses and public mockery falls particularly on the forehead humble, I used to use that verb form of revenge on the rulers. Furthermore, the proletarian has fewer rights than the landlord, and marriage between patricians and plebeians is strictly prohibited. Particularly characteristic for the low estimate of the common man is the provision for bail. If the object of the litigation exceeded the 1. 000 pounds of copper, 500 pounds bail matter, and if it was smaller, 50 pounds. This bond was considered small enough also to criminal trials, in which, of course, were never involved wealthy landowners, or patricians.
This was therefore the base from which the mob began the fight for further progress. And in fact, not long before the first success, until they came so quickly that the tradition places them in immediate relation to the law of the Twelve Tables. The preponderance of large landowners in the centuries had a counterweight in a new type of assemblies of the whole community, organized by the rural districts (tribes) and that was decisive in the vote of a majority of the participants. Voting rights belonged only to landowners, but unrelated to the greater or less extent of the property. The deliberations of these assemblies (Food is taxed) had the force of law as the centuries (Comitia centuriata). In the vote share of the two classes, the majority was then secured to smallholders and, hence, the rabble .. It is true that these assemblies were addressed by officials patricians (the consuls), who had no obligation to be voted on resolutions that pleases them to us on the other hand, consuls friends of the people were now able to provide their proposals on consent of the whole community. The law-by which the deliberations of the Assemblies of the tribes had the force of law for the whole community "was proposed by the consuls Valerius and Horace, and seems to be the price for the return of the mob after a new secession.
Another success that the tradition set at a somewhat later date the law Valerie and Horacia meant an almost complete victory in the political arena, even the nobility tried to react meanly, we will remove and reserving some more or less decorative formalisms and gradually also touched by commoners (Laws of Canuleyo tribune).
Above all, this law consented marriage between patricians and plebeians, also forbidden by the Twelve Tables. This could mean nothing else but the children of such marriages were recognized as legitimate offspring and heirs of the paternal family, while that previously had to settle for the lower level commoners rights. Legal recognition of mixed marriages was one of the biggest hits, as it was now possible to create a generation free of caste bias.
Although not previously had failed patrician liberal for whom there was nothing dishonorable in marriage to a commoner, appeared, however unwise such ties in view of the future position of the children, who had charged ahead with all the disadvantages of belonging to the plebeian class. By the law of the tribune Canuleyo all these problems disappear. And still more: given the prominent position in the Roman family that occupied the mother, had founded hope that the children patricians, surpassing the stupid pride of caste, and not despise the class, where his mother left. It is true that the acceptance of the commoners in this field had been admitted only from the standpoint of public and private law, while the solemn form of marriage with the intervention of the highest ecclesiastical dignitaries remained patrician privilege for all time, even after most church offices were accessible to commoners. But they never bothered to claim those formalities.
The same tribune, by whose intervention had passed the law on the equalization of mixed marriages, there seems assured, according to tradition, the plebeians, and precisely in the same year (445), access to the highest office: the consulate. This success was, of course, even less complete than the last. The stubbornness and smallness of the nobility, who tried the haggling over petty and low even on the most trivial formalities, openly rebelled. For no reason I wanted to share with commoners and formal external honors of the consulate, as the mob was shown this time determined not to abandon its claim to participate in the supreme power, preferred to give the Bloods to the consulate, rather than admit it to commoners. It was decided to confer the supreme political leadership of the State, instead of the consuls, the military tribunes, that is, to the highest staff officers of the army, naming them, as had hitherto been done 'with the consuls, annually through popular election. More like the first time since the highest ranks of the army were also open to plebeians, they succeeded, though the back door, access to the supreme state power. Some people would like the honors belonging to consuls as, for example, refused to triumph military tribunes. They were also deprived of an important function, creating, for compiling lists of the "taxpayers and recruits, a new judiciary, the censorship, which was granted extensive honors and badges, which were later limited.
But even with these limitations on the power of the military tribunes the patricians warned well the gravity of the defeat and, whenever they could, trying to make it harder for adversaries the use of success stories. Only rarely and with great effort was achieved by the choice of a commoner for the post of military tribune regent: the predominance of the patricians in the electoral bodies, the centuries, was not as easy to delete. Add to this the fact that officials patricians who ran the election rally at their disposal all sorts of ways and tricks to thwart the upset election of candidates, in union and in accordance with the high clergy, knew at the time to invent appropriate, using the superstitious nature of people, the electoral impediments that were needed to make impossible the triumph of their adversaries. Often-and-fortune attempted to ignore the new constitutional order and choose again two patrician consuls instead of military tribunes. As new laws were out of referendums, establish how much care is also linked to the Bloods. A legal action to cancel such election against the will of the patricians, not offered the Roman constitution.
Nor is the future political success could be exploited only in part. When quaestorship posts, a lower level judiciary, were increased from two to four, commoners also got eligibility for that office, but it was many years before they obtain some electoral success, although the decision depended now here of the tribes, the districts in which the commoners they could succeed. But it seems that the peasants put little interest in the election of the Questors, whose powers were very modest and dependent on all of the senior officials, so did not want to spend time and money to travel to Rome, the only constituency.
There is no denying that the plebeians were, with those political successes, achieved a lot. Regarding the economic field, some states that Patricia will not dare to bring the opposing ends plebeian aspirations. But you can not say that the frequent conquered land allocations had declined or put into question the fundamental right to property of the patricians, however, these measures were highly significant as temporary file. Particularly effective was the incorporation of the territory of Vejio, the Etruscan city fall into the hands of the Roman armies after a siege for durations up to ten years ago. In this case the distribution of land was doubly necessary in consideration of the many and various damages that war had brought so long, especially for economically weak.
But the patricians to use every means to keep the populace in situations of economic dependency. In a series of stories relating to that, the truth is mixed with many poetic tales, but they give us very clear idea of the shift in the ethical conceptions. If these anecdotes go well patrician sources and traditions, the Roman nobility plays, in our opinion, a very dishonorable. According to the anecdotes, legal and illegal murder by the hand of assassins, was the weapon of choice for the nobility in the struggle, and both patricians and plebeians were eliminated by such means as they tried to promote the solution of social problems, which in Rome was a agrarian problem through radical measures. Patrician descriptions such heinous acts are constantly involved in some transfiguration. The victims are, in the patrician tradition invariably selfish demagogues for whom the popular measures are only a means to seize power and restore the hated monarchy. Instead, murderers are always the saviors of republican liberty, which also loaded with hatred for the murder accompli. The glorification of the tyrannicides Athenians, of Brutus, of Tell, shows that in this respect the ethical concepts yielded everywhere against politicians.
As a trend of projects, so violently suppressed, it usually indicates the confiscation of public lands occupied by the patricians and they exploited, without having any title, just as an appendix to their caste privileges. It was observed that such use, especially after the great division of the lands of Vejio and other cities, could not understand then large areas. However, it seems that the requirement of the poor part of the crowd was also another. Two tribunes proposed would again divide all lands conquered by war: that is, not, as our source tells, a new division of the whole Roman territory, but that he intended to cancel all allotments, which lacked legitimacy be established, and proceed accordingly to a redistribution of those lands, whose ownership was uncertain or did not exist. That measure had been taken also with regard to possessions in the interval had changed hands, ie hands that had gone plebeian, patrician hands. This radical project, particularly in its first part, also reportedly affected large landowners commoners, so that the patricians were able this time to deter the proponents of purpose, provoking the veto (intercessio) by six tribunes of the people.
Such was the situation at the time that Rome had to overcome the serious crisis caused by the invasion of the Gauls. The city was contestability and consigned to the flames, and if internal turbulence had not called home to the winners, the hosts would have taken galas surely possession of the territory of the vanquished.
After the devastation of the territory economically weak stocks were once again on the brink of ruin. According to tradition, Rome sought out the serious constraint by establishing colonies on the edge of urban areas, which were both very necessary for protection against enemy invasions based on the experiences made recently. In general is known about the early years following the Gallic mission. But it seems certain that the patricians tried to use the distressing situation of the people to regain ground lost earlier. Only by legislation licinia - Sextia we are able to know that 22 years after the Gallic fire, strife between patricians and plebeians had their conclusion with the complete victory of the plebeians (367 d C.). Despite all the distortions contained in our sources, no doubt about the final result: legislation establishing legal equality both politically and economically.
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