HKB
proposition for electing consuls, with right of appeal[59]. All these things were transacted in an assembly of the commons in the Flaminian meadows, which are now called the Flaminian Circus.[60]
Then, through an interrex, Lucius Valerius and Marcus Horatius were elected consuls, and immediately entered on their office; their consulship, agreeable to the people, although it did no injury to the patricians, was not, however, without giving them offence; for whatever measures were taken to secure the liberty of the people, they considered to be a diminution of their own power. First of all, when it was as it were a disputed point of law, whether patricians were bound by regulations enacted in an assembly of the commons, they proposed a law in the assembly of the centuries, that whatever the commons ordered in the assembly of the tribes, should be binding on the entire people; by which law a most keen-edged weapon of offence was given to the motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singularly effective safeguard of liberty, that had been upset by the decemviral power, was not only restored but also guarded for the time to come, by the passing of a new law, that no one should appoint any magistrate without appeal:[61] if any person should so appoint, it should be lawful and right that he be put to death; and that such killing should not be deemed a capital offence. And when they had sufficiently secured the commons by the right of appeal on the one hand by tribunician aid on the other, they revived for the tribunes themselves the privilege that their persons should be considered inviolable--the recollection of which was now almost forgotten--by renewing after a long interval certain ceremonies which had fallen into disuse; and they rendered them inviolable by religion, as well as by a law, enacting that whosoever should offer injury to tribunes of the people, ædiles, or judicial decemvirs, his person should be devoted to Jupiter, and his property be sold at the Temple of Ceres, Liber, and Libera. Expounders of the law deny that any person is by this law inviolable, but assert that he, who may do an injury to any of them, is deemed by law accursed: and that, accordingly, an ædile may be arrested and carried to prison by superior magistrates, which, though it be not expressly warranted by law (for an injury is done to a person to whom it is not lawful to do an injury according to this law), is yet a proof that an ædile is not considered as sacred and inviolable; the tribunes, however, are sacred and inviolable according to the ancient oath of the commons, when first they created that office. There have been some who supposed that by this same Horatian law provision was made for the consuls also and the prætors, because they were elected under the same auspices as the consuls; for a consul was called a judge. This interpretation is refuted, because at this time it had not yet been customary for the consul to be styled judge, but prætor.[62] These were the laws proposed by the consuls. It was also arranged by the same consuls, that decrees of the senate, which before that used to be suppressed and altered at the pleasure of the consuls, should be deposited in the Temple of Ceres, under the care of the aediles of the commons. Then Marcus Duillius, tribune of the commons, brought before the people and the people enacted, that whoever left the people without tribunes, and whoever caused a magistrate to be elected without appeal, should be punished with stripes and beheaded. All these enactments, though against the feelings of the patricians, passed off without opposition from them, because as yet no severity was aimed at any particular individual.