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All its most essential features admission to the senate by the holding of the quaestorship, the abolition of the censorial right to eject a senator from the senate, the initiative of the senate in legislation, the conversion of the tribunician office into an instrument of the senate for fettering the -imperium-, the prolonging of the duration of the supreme office to two years, the transference of the command from the popularly-elected magistrate to the senatorial proconsul or propraetor, and even the new criminal and municipal arrangements were not created by Sulla, but were institutions which had previously grown out of the oligarchic government, and which he merely regulated and fixed.
The commons by this time, besides that they detested the name of consuls no less than that of kings, did not even require the tribunician aid, as the decemvirs in turn allowed an appeal.
For they demanded the restoration of the tribunician office and the right of appeal, which, before the appointment of decemvirs, had been the supports of the people, and that it should be without detriment to any one to have instigated the soldiers or the commons to seek to recover their liberty by a secession.
Again the multitude of the capital was fed from the state-chest, in other words by the provinces; again the tribunician authority gave to every demagogue a legal license to overturn the arrangements of the state; again the moneyed nobility, as farmers of the revenue and possessed of the judicial control over the governors, raised their heads alongside of the government as powerfully as ever; again the senate trembled before the verdict of jurymen of the equestrian order and before the censorial censure.
Cinna seems to have been admitted into the conspiracy only by an afterthought and merely because the intrigue, which in consequence of the restriction of the tribunician powers needed a consul to bring forward its proposals, saw in him among the consular candidates for 667 its fittest instrument and so pushed him forward as consul.
It was probably because he declined to recognise the legality of the act that he still lingered on the Rostra. One of the tribunician viatores, a freedman of Gracchus, was commanded to fetch him down. When he reached the ground, a rush was made at him by the mob; but his supporters rallied round him, and Tiberius himself rushed from the Rostra to prevent the act of violence.
Decemvirs A further attempt was made to get rid of the tribunician power by securing to the plebeians equality of rights in a more regular and more effectual way. The tribune of the people, Gaius Terentilius Arsa, proposed in 292 the nomination of a commission of five men to prepare a general code of law by which the consuls should in future be bound in exercising their judicial powers.
In the next place, whereas they had engaged to prosecute Marcius upon no other head but that of tyranny, which could never be made out against him, they relinquished this plea, and urged instead, his language in the senate against an abatement of the price of corn, and for the overthrow of the tribunician power; adding further, as a new impeachment, the distribution that was made by him of the spoil and booty he had taken from the Antiates, when he overran their country, which he had divided among those that had followed him, whereas it ought rather to have been brought into the public treasury; which last accusation did, they say, more discompose Marcius than all the rest, as he had not anticipated he should ever be questioned on that subject, and, therefore, was less provided with any satisfactory answer to it on the sudden.
Their special aim was to re-establish the tribunician power, which Sulla had not abolished but had divested of its most essential prerogatives, and which exercised over the multitude a charm all the more mysterious, because the institution had no obvious practical use and was in fact an empty phantom the mere name of tribune of the people, more than a thousand years later, revolutionized Rome.
Marius did not disdain in person to solicit votes and, it was said, even to purchase them; in fact, at the tribunician elections when nine men from the list of the government party were proclaimed, and the tenth place seemed already secured for a respectable man of the same complexion Quintus Nunnius, the latter was set upon and slain by a savage band, which is said to have been mainly composed of discharged soldiers of Marius.
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