…a contention was excited between the principal persons in the commonwealth, patricians on one hand, and plebeians on the other, by the two Ogulnii, Quintus and Cneius, plebeian tribunes, who, seeking everywhere occasions of criminating the patricians in the hearing of the people, and having found other attempts fruitless, set on foot a proceeding by which they might inflame, not the lowest class of the commons, but their chief men, the plebeians of consular and triumphal rank, to the completion of whose honors nothing was now wanting but the offices of the priesthood, which were not yet laid open to them. They therefore published a proposal for a law, that, whereas there were then four augurs and four pontiffs, and it had been determined that the number of priests should be augmented, the four additional pontiffs and five augurs should all be chosen out of the commons. How the college of augurs could be reduced to the number of four, except by the death of two, I do not understand: for it is a rule among the augurs, that their number should be composed of threes, so that the three ancient tribes, the Ramnes, Titienses, and Luceres, should have each its own augur; or, in case there should be occasion for more, that each should increase its number of augurs, in equal proportion with the rest, in like manner as when, by the addition of five to four, they made up the number nine, so that there were three to each tribe. However, as it was proposed that they should be chosen out of the commons, the patricians were as highly offended at the proceeding, as when they saw the consulship made common; yet they pretended that the business concerned not them so much as it did the gods, who would “take care that their own worship should not be contaminated; that, for their parts, they only wished that no misfortune might ensue to the commonwealth.” But they made a less vigorous opposition, as being now accustomed to suffer defeat in such kind of disputes; and they saw their adversaries, not, as formerly, grasping at that which they could scarcely hope to reach, the higher honors; but already in possession of all those advantages, on the uncertain prospect of which they had maintained the contest, manifold consulships, censorships, and triumphs.

7.
The principal struggle, however, in supporting and opposing the bill, they say, was between Appius Claudius and Publius Decius Mus. After these had urged nearly the same topics, respecting the privileges of patricians and plebeians, which had been formerly employed for and against the Licinian law, when the proposition was brought forward of opening the consulship to plebeians, Decius is said to have drawn a lively description of his own father, such as many then present in the assembly had seen him, girt in the Gabine dress, standing on a spear, in the attitude in which he had devoted himself for the people and the legions, and to have added, that the consul Publius Decius was then deemed by the immortal gods an offering equally pure and pious, as if his colleague, Titus Manlius, had been devoted. And might not the same Publius Decius have been, with propriety, chosen to perform the public worship of the Roman people? Was there any danger that the gods would give less attention to his prayers than to those of Appius Claudius? Did the latter perform his private acts of adoration with a purer mind, or worship the gods more religiously than he? Who had any reason to complain of the vows offered in behalf of the commonwealth, by so many plebeian consuls and dictators, either when setting out to their armies, or in the heat of battle? Were the numbers of commanders reckoned, during those years since business began to be transacted under the conduct and auspices of plebeians, the same number of triumphs might be found. The commons had now no reason to be dissatisfied with their own nobility. On the contrary, they were fully convinced, that in case of a sudden war breaking out, the senate and people of Rome would not repose greater confidence in patrician than in plebeian commanders. “Which being the case,” said he, “what god or man can deem it an impropriety, if those whom ye have honored with curule chairs, with the purple bordered gown, with the palm-vest and embroidered robe, with the triumphal crown and laurel, whose houses ye have rendered conspicuous above others, by affixing to them the spoils of conquered enemies, should add to these the badges of augurs or pontiffs? If a person, who has rode through the city in a gilt chariot; and, decorated with the ensigns of Jupiter, supremely good and great, has mounted the Capitol, should be seen with a chalice and wand; what impropriety, I say, that he should, with his head veiled, slay a victim, or take an augury in the citadel? When, in the inscription on a person’s statue, the consulship, censorship, and triumph shall be read with patience, will the eyes of readers be unable to endure the addition of the office of augur or pontiff? In truth (with deference to the gods I say it) I trust that we are, through the kindness of the Roman people, qualified in such a manner that we should, by the dignity of our characters, reflect back, on the priesthood, not less lustre than we should receive; and may demand, rather on behalf of the gods, than for our own sakes, that those whom we worship in our private we may also worship in a public capacity.”

8.
“But why do I argue thus, as if the cause of the patricians, respecting the priesthood, were untouched and as if we were not already in possession of one sacerdotal office, of the highest class? We see plebeian decemvirs, for performing sacrifices, interpreters of the Sibylline prophecies, and of the fates of the nation; we also see them presidents of Apollo’s festival, and of other religious performances. Neither was any injustice done to the patricians, when, to the two commissioners for performing sacrifices, an additional number was joined, in favour of the plebeians; nor is there now, when a tribune, a man of courage and activity, wishes to add five places of augurs, and four of pontiffs, to which plebeians may be nominated; not Appius, with intent to expel you from your places; but, that men of plebeian rank may assist you, in the management of divine affairs, with the same zeal with which they assist you in matters of human concernment. Blush not, Appius, at having a man your colleague in the priesthood, whom you might have a colleague in the censorship or consulship, whose master of the horse you yourself may be, when he is dictator, as well as dictator when he is master of the horse. A Sabine adventurer, the first origin of your nobility, either Attus Clausus, or Appius Claudius, which you will, the ancient patricians of those days admitted into their number: do not then, on your part, disdain to admit us into the number of priests. We bring with us numerous honors; all those honors, indeed, which have rendered your party so proud. Lucius Sextius was the first consul chosen out of the plebeians; Caius Licinius Stolo, the first master of the horse; Caius Marcius Rutilus, the first dictator, and likewise censor; Quintus Publilius Philo, the first praetor. On all occasions was heard a repetition of the same arguments; that the right of auspices was vested in you; that ye alone had the rights of ancestry; that ye alone were legally entitled to the supreme command, and the auspices both in peace and war. The supreme command has hitherto been, and will continue to be, equally prosperous in plebeian hands as in patrician. Have ye never heard it said, that the first created patricians were not men sent down from heaven, but such as could cite their fathers, that is, nothing more than free born. I can now cite my father, a consul; and my son will be able to cite a grandfather. Citizens, there is nothing else in it, than that we should never obtain anything without a refusal. The patricians wish only for a dispute; nor do they care what issue their disputes may have. For my part, be it advantageous, happy, and prosperous to you and to the commonwealth, I am of opinion that this law should receive your sanction.”

9.
The people ordered that the tribes should be instantly called; and there was every appearance that the law would be accepted. It was deferred, however, for that day, by a protest, from which on the day following the tribunes were deterred; and it passed with the approbation of a vast majority. The pontiffs created were, Publius Decius Mus, the advocate for the law; Publius Sempronius Sophus, Caius Marcius Rutilus, and Marcus Livius Denter. The five augurs, who were also plebeians, were, Caius Genucius, Publius Aelius Paetus, Marcus Minucius Fessus, Caius Marcius, and Titus Publilius. Thus the number of the pontiffs was made eight; that of the augurs nine. In the same year Marcus Valerius, consul, procured a law to be passed concerning appeals; more carefully enforced by additional sanctions. This was the third time, since the expulsion of the kings, of this law being introduced, and always by the same family. The reason for renewing it so often was, I believe, no other, than that the influence of a few was apt to prove too powerful for the liberty of the commons. However, the Porcian law seems intended, solely, for the security of the persons of the citizens; as it visited with a severe penalty any one for beating with stripes or putting to death a Roman citizen. The Valerian law, after forbidding a person, who had appealed, to be beaten with rods and beheaded, added, in case of any one acting contrary thereto, that it shall yet be only deemed a wicked act. This, I suppose, was judged of sufficient strength to enforce obedience to the law in those days; so powerful was then men’s sense of shame; at present one would scarcely make use of such a threat seriously. The Aequans rebelling, the same consul conducted the war against them; in which no memorable event occurred; for, except ferocity, they retained nothing of their ancient condition. The other consul, Appuleius, invested the town of Nequinum in Umbria. The ground, the same whereon Narnia now stands, was steep (on one side even perpendicular); this rendered the town impregnable either by assault or works. That business, therefore, came unfinished into the hands of the succeeding consuls, Marcus Fulvius Paetinus and Titus Manlius Torquatus. When all the centuries named Quintus Fabius consul for that year though not a candidate, Macer Licinius and Tubero state that he himself recommended them to postpone the conferring the consulship on him until a year wherein there might be more employment for their arms; adding, that, during the present year, he might be more useful to the state in the management of a city magistracy; and thus, neither dissembling what he preferred, nor yet making direct application for it, he was appointed curule aedile with Lucius Papirius Cursor. Piso, a more ancient writer of annals, prevents me from averring this as certain; he asserts that the curule aediles of that year were Caius Domitius Calvinus, son of Cneius, and Spurius Carvilius Maximus, son of Caius. I am of opinion, that this latter surname caused a mistake concerning the aediles; and that thence followed a story conformable to this mistake, patched up out of the two elections, of the aediles, and of the consuls. The general survey was performed, this year, by Publius Sempronius Sophus and Publius Sulpicius Saverrio, censors; and two tribes were added, the Aniensian and Terentine. Such were the occurrences at Rome.