Decemviri


The decemviri or decemvirs refer to official ten-man commissions established by the Roman Republic.
The most important were those of the two decemvirates, formally the decemvirate with consular power for writing laws who reformed and codified Roman law during the Conflict of the Orders between ancient Rome's patrician aristocracy and plebeian commoners. Other decemviri include the decemviri for adjudging litigation, the decemviri for making sacrifices, and the decemviri for the assignment and giving of arable lands.

''Decemviri consulari imperio legibus scribundis''

Background

, a plebeian tribune, wished to protect the plebeian population by curtailing the power of the Roman consuls. To do this, he proposed a law in 462 BC which provided for a five-man commission to define their power. The patricians were opposed to this curtailment and managed to postpone the debate on this law for eight years. In 454 BC the plebeian tribunes dropped their pursuit of this law. They asked the senate to "consent to the appointment of a body of legislators, chosen in equal numbers from plebeians and patricians to enact what would be useful to both orders and secure equal liberty for each". The patricians replied that this was worthy of consideration, but said that only patricians could legislate. Although disputed by historians such as Niebuhr, Cornell and Grant, according to Livy and Dionysius, three envoys were sent to Athens to study the Law of Solon and question more about the laws of Greek city-states.
In 452 BCE the envoys "returned with the laws of Athens". The plebeian tribunes pressed to begin the compilation of the laws. It was agreed to appoint decemviri with consular powers which would not be subject to appeal and were to suspend both the consulship and the plebeian tribunate. Thus establishing the decemvirate as a political institution with the power to compile laws. After a debate about whether plebeians should sit on the decemvirate, the plebeian tribunes agreed to a patrician-only panel in exchange for a law they had passed not being repealed.

First decemvirate

The decemviri took office in 451 BC. Both consuls, Appius Claudius Crassus Inregillensis Sabinus and Titus Genucius Augurinus, resigned as well as the other magistrates and the plebeian tribunes. In compensation for their loss of office, Appius Claudius and Titus Genucius were appointed to the decemviri. Publius Sestius Capitolinus Vaticanus, one of the consuls of the previous year, was also appointed because he had put the proposal to the senate despite the opposition of his colleague. The three envoys were also part of the decemviri. The most influential member was Appius Claudius who, according to Livy, "was the guiding hand in the whole magistracy... thanks to the favour of the plebs". Each day a different decemvir presided over the magistracy and this man had the twelve lictors with fasces. The decemvirate was not subject to appeal, despite this, they yielded to one another when an appeal was taken. They drafted their laws on ten bronze tables and presented them to the people, asked for feedback and amended them accordingly. They were approved by the higher popular assembly, the Assembly of the Soldiers. There was a general feeling that two more tables were needed to have a corpus of all Roman law. It was decided to elect a new decemvirate.
The first decemvirate consisted of:
According to Livy, Appius Claudius rigged the election and announced the election of himself and nine men who were his supporters. Livy writes that these officials became tyrannical, each man had twelve lictors and each fasces had axes. He describes this decemvirate conducting trials behind closed doors and issuing arbitrary judgements. Due to these possible actions, they may have become a source of fear in ancient Rome, striking terror into those who saw them. Livy states that there were rumors that the officials in the second decemvirate wished to rule perpetually. When time for the elections came, they were not held, and the decemviri became violent.
A Sabine and an Aequi army attacked Roman territory and an ally of Rome. According to Livy, the decemviri summoned the senate, but the senators did not show up due to their disgust. To the plebeians this signaled the illegitimacy of the decemviri as their term had expired and were now meant to be just private citizens. They were considering boycotting the military draft. Again, the senate was summoned, and this time some senators attended. The plebeians saw this as a betrayal of liberty. However, the senators denounced the decemviri and tried to oppose them, called them private citizens and refused to call a levy. In the end they allowed its proclamation of the levy in silence because they feared a popular uprising would bolster the plebeian tribunes, their political adversaries. The plebeians enlisted because they feared violent reprisal as there was no right to appeal. Some of the decemviri led two armies against the two enemies. However, both armies were routed.
Livy alleged that Appius Claudius was sexually interested in Verginia, the daughter of a plebeian, Lucius Verginius, who was a centurion absent from Rome with the army. Having failed to woo her with money and promises, Appius Claudius decided to seize this opportunity to get one of his men to claim her as his slave. She was dragged off her feet in the forum and the shouts of her nurses attracted a crowd. The claimant said that he was acting lawfully and had summoned her to court. Verginia went to court followed by her friends and acquaintances. The judge was Appius Claudius. The claimant said that the girl was born at his house and then he persuaded Verginius to take her, but that she still was his slave. Verginia's friends asked for an adjournment until Verginius could attend and to leave Verginia in the custody of the defendants.
Appius Claudius agreed to summon Verginius but put Verginia in the custody of the claimant. Verginia's lover, Icilius, arrived at the forum, but was stopped by a lictor. He pleaded his case loudly and attracted the attention of the crowd. Verginia's supporters sent a relative and Icilius' brother to quickly go to Verginius' military camp. The claimant pressed Icilius to pay surety to be Verginia's guarantor. Many people offered money and Verginia was bailed to her family.
Appius Claudius wrote to his colleagues at the camp not to grant Verginius leave and to arrest him. However, the messengers had already arrived and Verginius had already been given leave. At dawn a crowd was waiting to see what would happen. Verginius arrived, leading his daughter and a large mass of supporters. He motivated people for help to claim his due. The matrons accompanying Verginia began to cry, this display moved the populace towards Icillus' side.
Appius Claudius upheld the fabricated case of the claimant and adjudged Verginia to him without even listening to Verginius. Livy wrote that the crowd was stunned by this. When the claimant made his way to take her, Verginius shouted that he had betrothed Verginia to Icilius, not to Appius Claudius, and that he did not bring her up for dishonor. Appius Claudius claimed that he knew that there had been seditious meetings and told Verginius to be quiet and the lictors to seize the slave. The crowd did not react. According to Livy, Verginius stabbed his daughter to death saying that was the only way he could assert her freedom. Appius Claudius ordered his arrest, but the crowd protected him as he made his way to the city gate. As a result, the crowd talked about restoring the plebeian tribunes and the right to appeal.
The second decemvirate consisted of:
According to Livy, Appius Claudius ordered the arrest of Icilius, but the crowd prevented this. Two patricians, Lucius Valerius Potitus and Marcus Horatius Barbatus pushed the lictors back, announcing that "if Appius proceeded legally, they would protect Icilius from the prosecution of a mere citizen; if he sought to make use of violence, there too they would be a match for him". Appius Claudius, Lucius Valerius, and Marcus Horatius made speeches. The crowd booed the former and listened only to the latter two, who ordered the lictors to back off. Appius Claudius fled. Another decemvir, not knowing what to do, ended up summoning the senate. The senators were hostile to the decemviri and there was hope that they would bring them down. However, the senators were concerned that the arrival of Verginius at the military camp would cause unrest and sent messengers to tell the commanders to keep the troops from mutiny. Verginius, who had been followed by nearly four hundred men, caused an even bigger stir with the soldiers than in the city. He told his fellow soldiers to "look out for themselves and for their own children" and they replied that they "would not forget his sufferings nor fail to vindicate their liberty". The civilians who had come with Verginius to the military camp claimed that the decemviri had been overthrown and that Appius Claudius had gone into exile and incited the soldiers to rise up.
These soldiers, who were from the army which had been sent against the Aequi, marched to Rome and took possession of the Aventine Hill. They urged the plebeians to regain their freedom and elect the plebeian tribunes. The senate decided to take no harsh action as it had been partly responsible for the mutiny. It sent three envoys to inquire who had seized the Aventine, who their leaders were and what they wanted. The mutineers did not have a leader, and no one dared to express enmity. The civilian crowd shouted that they wanted Lucius Valerius and Marcus Horatius to be the envoys. Verginius proposed the election of ten leaders to be given the military title, military tribune. Verginius was elected.
At the instigation of Icilius, the soldiers of the Roman armies located in Sabine territories also rebelled. On hearing of the election of military tribunes at the Aventine, Icilius, thinking that these men would then be elected as plebeian tribunes and wanting to become one himself, arranged the election of the same number of "military tribunes" among these soldiers, who headed for Rome, marched through the city and to the Aventine. When they joined the other army, the twenty "military tribunes" appointed two men, Marcus Oppius and Sextus Manilius, to take command.
According to Livy, the senators, who were convening daily, spent most of the time squabbling. They decided to send Valerius and Horatius to the Aventine on the condition that the decemviri resign. The latter said that they would do so only after the enactment of the two tables of laws for which they were elected. Given that the senate kept bickering, the soldiers decided to secede to Mons Sacer as they had done in 494 BC to increase pressure on the senators and the decemviri. They now demanded the restoration of tribunician power and they would stand firm to obtain this. On their way through the city, they were joined by civilian plebeians. The senate hesitated because of the enmity between senators and plebeian tribunes. Some senators, including Valerius and Horatius, argued that their restoration was needed in order to both get rid of the decemviri and restore patrician magistrates. The decemviri agreed to step down on the condition that they would get personal protection against any reprisals.
Lucius Valerius and Marcus Horatius were sent to negotiate terms with the plebeians at their discretion. The plebeians welcomed and thanked them because of their previous stand at the forum. They demanded the recovery of the protections the plebeians enjoyed through the plebeian tribunes and the right to appeal, immunity for those who incited the rebellion and harsh punishment for the decemviri. The envoys agreed on the first three demands and asked that the issue of punishment be postponed. The plebeians accepted this. The senate decreed the abdication of the decemviri, the election of the plebeian tribunes and the mentioned immunity. The plebeians returned to Rome and elected their tribunes. The plebeian council carried a motion of immunity and passed a bill for the election of consuls subject to appeal.