HKB
far from being destroyed, as we learn from the history of the patrician Virginia, married to the plebeian Volumnius, whom the matrons drove away from the temple of Pudicitia patricia.[153]
The laws protected liberty, but they were rarely executed, as is shown by the continual renewal of the same regulations. Thus it had been decided in 305 that the plebiscita should have the force of law, yet in spite of that it was found necessary to re-enact the same regulation by the laws Hortensia, in 466, and Mænia, in 468. This last sanctioned also anew the law Publilia of 415. It was the same with the law of Valerius Publicola (of the year 246), which authorised an appeal to the people from the judgments of the magistrates. It appears to have been restored to vigour by Valerius and Horatius in 305, and again by Valerius Corvus in 454. And, on this occasion, the great Roman historian exclaims, “I can only explain this frequent renewal of the same law by supposing that the power of some of the great ones always succeeded in triumphing over the liberty of the people.”[154] The right of admission to the Senate was acknowledged in principle, yet no one could enter it without having obtained a decree of the censor, or exercised a curule magistracy--favours almost always reserved to the aristocracy. The law which required a plebeian among the censors remained almost always in abeyance, and, to become censor, it was generally necessary to have been consul.
All offices ought to be annual, and yet the tribunes, as well as the consuls, obtained their re-election several times at short intervals--as in the instance of Licinius Stolo, re-elected tribune during nine consecutive years; of Sulpicius Peticus, five times consul (from 390 to 403); of Popilius Lænas and Marcius Rutilus, both four times, the first from 395 to 406, the second from 397 to 412. The law of 412 came in vain to require an interval of ten years before becoming again a candidate for the same magistracy. Several personages were none the less re-elected before the time required, such as Valerius Corvus, six times consul (from 406 to 455), and consecutively during the last three years; and Papirius Cursor, five times (from 421 to 441).
The lives of the citizens were protected by the laws, but public opinion remained powerless at the assassination of those who had incurred the hatred of the Senate; and, in spite of the law of the consul Valerius Publicola, the violent death of the tribune Genucius, or of the rich plebeian Spurius Melius, was a subject of applause.
The comitia were free, but the Senate had at its disposal either the veto of the tribunes or the religious scruples of the people. A consul could prevent the meeting of these assemblies, or cut short all their deliberations, either by declaring that he was observing the sky, or that a clap of thunder or some other celestial manifestation had occurred;[155] and it depended upon the declaration of the augurs to annul the elections. Moreover, the people in reality were satisfied with naming the persons on whom they wished to confer the magisterial offices, for, to enter upon their functions, the consuls and the prætors had to submit their powers to the sanction of the curiæ (lex curiata de imperio).[156] It was thus in the power of the nobility to reverse the elections which displeased them, a fact which Cicero explains in the following terms, while presenting this measure in a light favourable to the people: “Your ancestors required the suffrages twice for all magistracies, for, when a curiate law was proposed in favour of the patrician magistrates, they voted in reality a second time for the same persons, so that the people, if they repented of their choice, had the power of abandoning it.”[157]