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wise mentions a certain Caius Minucius, who gave his opinion against the restoration of Tarquin's property, as having been the first private citizen who spoke before the Roman people: thus differing from Dionysius, who says that it was Lucretius. (25)

The completion of the Senate is likewise related by several authors, but by all differently from Dionysius. His account is that Brutus and Valerius gave to certain selected plebeians the rank of patricians, and added them to the Senate, until it reached the full number of three hundred members. (6) Livy says that the number was made up to three hundred: but he describes the added members as being of the equestrian order, not plebeians; and he places the event under Brutus and Collatinus, before the arrival of the envoys from Tarquinii. (27) Plutarch places it after the battle in which Brutus falls. (26) There is likewise a statement that the number of members thus added was exactly one hundred and sixty-four.(-9) Livy uses this transaction for explaining the phrase Patres conscripti ; which he supposes to be equivalent to Patres et conscripti, the Patres being the original senators, and the conscripti those who were subsequently added. A similar explanation of the same phrase is given by other authorities; the addition being by one referred to king Servius.(30) Dionysius on the other hand traces the origin of the expression Patres conscripti to the time of Romulus.(31) The whole of this is a mere conjectural ætiology of the ancient appellation of the senators. Tacitus finds in the same event an explanation of another constitutional

(25) Public. 2–8. Plutarch speaks of the conspirators in the house of the Aquillii confirming their oath by a libation of human blood, and by laying their hands on the entrails of a slaughtered man. A similar account is given by Sallust of the oath of the Catilinarian conspirators; Catil. 22. (26) v. 13.

(27) ii. 1.

(28) Public. 11. (29) Festus, p. 254, who says that they were plebeians. Plut. Public. 11. Niebuhr conjectures that the number 164 was derived from Valerius Antias. • These arbitrary numbers were a trick by which he tried to give his fictions a delusive resemblance to genuine accounts;' Hist. vol. i.

p. 526.

(30) Festus, ib. Plut. Rom. 13; Quæst. Rom. 58; Servius, ad Æn. i. 426.

(31) ü. 12.

phrase: he considers the original senators of Romulus as the majores gentes ; those added by Brutus as the minores gentes. (32) All these

guesses stand on the same ground, and aim at the same object. The reasons are equally uncertain, but the subject of explanation is an ascertained fact.

From the name of the slave Vindicius is traced the ancient mode of manumission per vindictam : for his important service, he received a pecuniary reward from the public treasury, his freedom, and also the rights of citizenship. Hence, says Livy, those who were liberated, per vindictam obtained the full franchise.(33) It is plain that this story of the slave Vindicius is an institutional legend, intended to serve as a support to the ancient mode of manumission in question.

The story of the corn thrown into the Tiber, again, is evidently a topographical legend, invented in order to explain the origin of the Insula Tiberina. Dionysius differs from Livy and Plutarch as to the time of the consecration which made the corn unholy: the former supposes the ground to have been already sacred when it was tilled by Tarquin; the latter conceive the consecration as subsequent to the confiscation, and as affecting the standing corn.(31) Another account described this event as having happened at a later period, when either the Campus Martius itself, or an adjoining piece of land, was given to the people by a Vestal virgin named Tarquinia, or Tarracia. (35)

(32) Ann. xi. 25. Compare Becker, ii. 2, p. 388-9.

(33) Livy, i. 5; Plut. Public. 7. Compare Mr. Long's art. Manu. missio in Dr. Smith's Dict. of Gr. and Rom. Antiquities.

(34) Dion. Hal. v. 13; Livy, ii. 5 ; Plut. Public. 8. Florus, i. 9, likewise supposes the consecration to Mars to take place after its confiscation. For a description of the Campus Martius in the Augustan age, see Strabo, v. 3, § 8.

(35) Plut. ib. Plin. N. H. xxxiv. 11; Gell. vi. 7. Plutarch concludes his account of the origin of the Insula Tiberina with the words : kai raŭra μεν ούτω γενέσθαι μυθολογούσι. The statement as to the evidence of the Ves being made admissible by special legislation, which occurs both in Plutarch and Gellius, shows that the same person is in question in both writers; and as no corruptions are so frequent in the manuscripts of ancient authors, as the corruptions of proper names, it seems not improbable that Ταρρακίαν ought to be read in Ρlutarch for Ταρκωνίαν. Compare Becker,

§ 4 As soon as the failure of the attempt to procure the restoration of Tarquin is known, the Tarquinians and Veientes combine their forces, and make a joint expedition against Rome. The Romans go out to meet them, and cross the Tiber. An equestrian single combat, in front of the armies, takes place between Brutus and Aruns Tarquin, in which both fall, transfixed by each other's spears.(36) The infantry are afterwards engaged, and the armies separate without any decisive result; a divine voice (supposed to be that of Silvanus or Faunus) is however heard at night from the neighbouring wood, declaring that the Romans are the victors, for that the number of their dead is less than that of the Etruscans by one. When the dead bodies are counted, it is found that the exact numbers are 11,300 Etruscans, and 11,299 Romans.()) The body of Brutus is car

37 ried back to Rome, with civic honours; and on the following day a funeral oration is delivered over it by his colleague. The matrons honoured his memory by a year's mourning, as for a parent.(38)

After the death of Brutus, Valerius, like Collatinus, incurs the suspicions of the people, by remaining sole consul, without proposing the election of a colleague, and also by building a house in a lofty and precipitous position, called Velia, com

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vol. i. p. 621, 651. Dr. Schmitz, Hist. of Rome, p. 99, says: “It scarcely requires to be observed that this story about the origin of the island in the Tiber is a mere fiction.'

(36) • Decorum erat (says Livy) tum ipsis capessere pugnam ducibus;' ii. 6.

(37) Dion. Hal. v. 14–17; Livy, ii. 6; Plut. Publ. 9; Zon. vii. 12. The place of the battle is called by Dionysius, deeuwv Ovivios, near the sacred grove of a hero Horatus. Plutarch has Αισούειoς λειμών, and Oupcov algoc Livy has Silva Arsia. Obscure proper names are perpetually corrupted in the manuscripts of the ancient writers. With respect to the voice issuing from the wood, see above, vol. i. p. 208, n.88. A warning voice was heard at night before the Gallic invasion, according to Livy, v. 50. The day of this battle was fixed to the last day of February ; Plut. ib. Val. Max. i. 8, § 5, says that the Etruscans were seized in this battle with a panic fear, caused by the supernatural announcement of Silvanus that one more would be killed on the Etruscan than on the Roman side, and that the Romans would be victorious. He speaks of Silva Arsia, like Livy:

(38) See Dion. Hal. v. 17-8; Plut. Publ. 9; above, vol. i. p. 185.

manding the Forum. In order to remove these imputations, he proposed the election of Sp. Lucretius, who died after having been consul only a few days; and after bis death, of M. Horatius. He likewise changed the site of his house, and transferred it to a position at the bottom of the hill, called Vicapota.(39) Furthermore, he made two changes with respect to the chief badge of the consular power : he lowered his fasces to an assembly of the people, as showing that he derived from them his authority; and he introduced the custom for the consul to take the axes out of the fasces in the city.(40) Valerius likewise proposed at this time two popular laws, which were passed by the people, and which procured him the appellation of Publicola. These were—1 That all magistrates should be appointed by the people, and that it should be lawful to kill a person who usurped supreme power without such an election—a law directed against attempts at an assumption of regal power. 2 That if any magistrate sentenced a citizen to death, corporal infliction, or a fine, there should be an appeal to the people. (42)


(39) Cic. Rep. ii. 31, says that Velia had been the place of the house of Servius Tullius. Livy places the house of Tullus Hostilius on Velia ; i. 30. Compare Becker, vol. i. p. 249.


. (40) Dion. Hal. v. 19, says of the practice of taking out the axes in the city, και κατεστήσατο τοίς μετ' αυτόν υπάτοις έθος, και και μέχρι της έμής Òé jeivev ydeias. Compare c. 75, x. 59. Plutarch, Publ. 10, says of both customs, και τούτο μέχρι νύν διαφυλάττουσιν οι άρχοντες. Compare Livy, ii. 7. Cicero, Rep. ii. 31, represents Valerius as taking the axes out of the fasces, and as establishing the custom that the consuls should each have the twelve fasces in alternate months; in order that there might not be more emblems of supreme power under the free consular government than under the kings. This rule, according to Livy, ii. 1, had been made under Brutus and Collatinus : see above, p. 2. "Zonaras, vii. 13, says that Valerius took the axes out of the fasces, and submitted the fasces to the people. The account of Valerius Maximus, iv. 1, 1, is that Valerius took out the axes, lowered the fasces to the people, halved their number, and gave

the priority of them to his senior colleague, Lucretius. The lex Julia transferred the priority of the fasces from the senior consul, to the consul who had most children: Gell. ii. 15. Dionysius describes Coriolanus, as preceded by the fasces with the axes, when commander of the Volscian army; viii. 44.

(41) Dion. Hal. v. 19, 70; Plut. Publ. ii. 12; Livy, ii. 8. Cicero, Rep. ii

. 31, who attributes to Valerius only the law concerning the appeal, says that it was the first law passed in comitia centuriata. The same statement is made by Val. Max.iv. 1, 1. Dionysius specifies two Valerian lans: one making it a capital offence to act as a magistrate without The dedication of the temple of Jupiter on the Capitol is generally referred to this year. Its construction by the Tarquins has been already mentioned.(*2) The consul Horatius is said to have dedicated it, and the ceremony is supposed to have been interrupted by a message of his son's death. The story, which forms a part of the foundation legend of this temple, is given with minute details. (13)

$ 5 In the following year, Valerius and Lucretius, the consuls, are stated to have instituted a census according to the Servian law: two quæstors were now, according to some authorities, for the first time appointed, and the temple of Saturn was declared the treasury, as it remained in later times.(+1) Other writers however speak of the quæstors as having existed under the kings (+5) The accounts respecting the origin of this office



receiving the authority from the people—the other granting an appeal from the sentence of a magistrate. Livy likewise specifies two: one making it treason to attempt to obtain the office of king—the other relating to the appeal. The first law of Dionysius appears to be substantially identical with the first law of Livy. Plutarch however distinguishes them; so that he makes three Valerian laws. He likewise adds a fourth, repealing the property taxes payable by the citizens. This latter measure is subsequently mentioned by Livy, but is attributed by him to the Senate, not to Valerius : ii. 9. The Valerian law making it a capital offence to act as a magistrate without election by the people, was repealed pro tanto when the office of dictator was created. The dictator was named by one of the consuls, when the necessity for the nomination had been decreed by the Senate. L. Junius Brutus the tribune, in a speech in Dion. Hal. vii. 41, states that the Valerian law de provocatione preserved the internal concord of the city, and induced the people to take arms for repelling the Tarquins.

(42) Above, vol. i. p. 474, 512.

(43) Livy, ii. 8; vii. 3; Plut. Publ. 14 ; Plin. H. N. xxxiii. 6; Polyb. iï. 22: but Dionysius, v. 35, and Tacit. Hist. iii. 72, place it in the 3rd year of the Republic, in the second consulship of Horatius. Compare Dio Cass. xii. 2; Serv. Æn. xi. 2.

(44) Dion. Hal. v. 20; Plut. Publ. 12; Zonaras, vii. 13. According to Plutarch, the quæstors were named P. Veturius and Minucius Marcus. Livy, iv. 4, and Pomponius de Orig. Jur. $ 22, likewise represent the office of quæstor as having been created under the Republic. The former mentions quæstors with judicial functions, ii. 41, and the increase of their number, from two to four; iv. 43. Livy and Dionysius place the dedication of the temple of Saturn in a later year: Livy, iii. 21; Dion. Hal. vi. 1. See Becker, vol. i. p. 313. Concerning the use of the temple of Saturn as a treasury, see Plut. Quæst. Rom. 42.

(45) Tacit. Ann. xi. 22. Sed quæstores regibus etiam tum imperantibus constituti sunt; quod lex curiata ostendit, ab L. Bruto repetita.

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