with the repeated importunities of numerous considerable persons, he was prevailed upon to do so, and hindered the passing of the law; it being the rule that any tribune has a power to hinder an act, and that all the rest can effect nothing, if only one of them dissents. Tiberius, irritated at these proceedings, presently laid aside this milder bill, but at the same time preferred another; which, as it was more grateful to the common people, so it was much more severe against the wrongdoers, commanding them to make an immediate surrender of all lands which, contrary to former laws, had come into their possession. Hence there arose daily contentions between him and Octavius in their orations.
However, though they expressed themselves with the utmost heat and determination, they yet were never known to descend to any personal reproaches, or in their passion to let slip any indecent expressions, so as to derogate from one another.
For not alone In revelings and Bacchic play, but also in contentions and political animosities, a noble nature and a temperate education stay and compose the mind.
Observing, however, that Octavius himself was an offender against this law, and detained a great quantity of ground from the commonalty, Tiberius desired him to forbear opposing him any further, and proffered, for the public good, though he himself had but an indifferent estate, to pay a price for Octavius's share at his own cost and charges. But upon the refusal of this proffer by Octavius, he then interposed an edict, prohibiting all magistrates to exercise their respective functions, till such time as the law was either ratified or rejected by public votes. He further sealed up the gates of Saturn's temple, so that the treasurers could neither take any money out from thence, or put any in. He threatened to impose a severe fine upon those of the praetors who presumed to disobey his commands, insomuch that all the officers, for fear of this penalty, intermitted the exercise of their several jurisdictions. Upon this, the rich proprietors put themselves into mourning, went up and down melancholy and dejected; they entered also into a conspiracy against Tiberius, and procured men to murder him; so that he also, with all men's knowledge, whenever he went abroad, took with him a sword-staff, such as robbers use, called in Latin a dolo.
When the day appointed was come, and the people summoned to give their votes, the rich men seized upon the voting urns, and carried them away by force; thus all things were in confusion. But when Tiberius's party appeared strong enough to oppose the contrary faction, and drew together in a body, with the resolution to do so, Manlius and Fulvius, two of the consular quality, threw themselves before Tiberius, took him by the hand, and with tears in their eyes, begged of him to desist. Tiberius, considering the mischiefs that were all but now occurring, and having a great respect for two such eminent persons, demanded of them what they would advise him to do. They acknowledged themselves unfit to advise in a matter of so great importance, but earnestly entreated him to leave it to the determination of the senate. But when the senate assembled, and could not bring the business to any result, through the prevalence of the rich faction, he then was driven to a course neither legal nor fair, and proposed to deprive Octavius of his tribuneship, it being impossible for him in any other way to get the law brought to the vote.
At first he addressed him publicly, with entreaties couched in the kindest terms, and taking him by his hands, besought him, that now, in the presence of all the people, he would take this opportunity to oblige them, in granting only that request which was in itself so just and reasonable, being but a small recompense in regard of those many dangers and hardships which they had undergone for the public safety.
Octavius, however, would by no means be persuaded to compliance; upon which Tiberius declared openly, that seeing they two were united in the same office, and of equal authority, it would be a difficult matter to compose their difference on so weighty a matter without a civil war; and that the only remedy which he knew, must be the deposing one of them from their office. He desired, therefore, that Octavius would summon the people to pass their verdict upon him first, averring that he would willingly relinquish his authority if the citizens desired it. Octavius refused; and Tiberius then said he would himself put to the people the question of Octavius's deposition, if upon mature deliberation he did not alter his mind; and after this declaration, he adjourned the assembly till the next day.
When the people were met together again, Tiberius placed himself in the rostra, and endeavored a second time to persuade Octavius. But all being to no purpose, he referred the whole matter to the people, calling on them to vote at once, whether Octavius should be deposed or not; and when seventeen of the thirty-five tribes had already voted against him, and there wanted only the votes of one tribe more for his final deprivation, Tiberius put a short stop to the proceedings, and once more renewed his importunities; he embraced and kissed him before all the assembly, begging, with all the earnestness imaginable, that he would neither suffer himself to incur the dishonor, nor him to be reputed the author and promoter of so odious a measure. Octavius, we are told, did seem a little softened and moved with these entreaties; his eyes filled with tears, and he continued silent for a considerable time. But presently looking towards the rich men and proprietors of estates, who stood gathered in a body together, partly for shame, and partly for fear of disgracing himself with them, he boldly bade Tiberius use any severity he pleased. The law for his deprivation being thus voted, Tiberius ordered one of his servants, whom he had made a freeman, to remove Octavius from the rostra, employing his own domestic freed servants in the stead of the public officers. And it made the action seem all the sadder, that Octavius was dragged out in such an ignominious manner.
The people immediately assaulted him, whilst the rich men ran in to his assistance. Octavius, with some difficulty, was snatched away, and safely conveyed out of the crowd; though a trusty servant of his, who had placed himself in front of his master that he might assist his escape, in keeping off the multitude, had his eyes struck out, much to the displeasure of Tiberius, who ran with all haste, when he perceived the disturbance, to appease the rioters.
This being done, the law concerning the lands was ratified and confirmed, and three commissioners were appointed, to make a survey of the grounds and see the same equally divided. These were Tiberius himself, Claudius Appius, his father-in-law, and his brother, Caius Gracchus, who at this time was not at Rome, but in the army under the command of Scipio Africanus before Numantia. These things were transacted by Tiberius without any disturbance, none daring to offer any resistance to him, besides which, he gave the appointment as tribune in Octavius's place, not to any person of distinction, but to a certain Mucius, one of his own clients. The great men of the city were therefore utterly offended, and, fearing lest he should grow yet more popular, they took all opportunities of affronting him publicly in the senate house. For when he requested, as was usual, to have a tent provided at the public charge for his use, while dividing the lands, though it was a favor commonly granted to persons employed in business of much less importance, it was peremptorily refused to him; and the allowance made him for his daily expenses was fixed to nine obols only. The chief promoter of these affronts was Publius Nasica, who openly abandoned himself to his feelings of hatred against Tiberius, being a large holder of the public lands, and not a little resenting now to be turned out of them by force. The people, on the other hand, were still more and more excited, insomuch that a little after this, it happening that one of Tiberius's friends died suddenly, and his body being marked with malignant-looking spots, they ran, in tumultuous manner, to his funeral, crying aloud that the man was poisoned. They took the bier upon their shoulders, and stood over it, while it was placed on the pile, and really seemed to have fair grounds for their suspicion of foul play. For the body burst open, and such a quantity of corrupt humors issued out, that the funeral fire was extinguished, and when it was again kindled, the wood still would not burn; insomuch that they were constrained to carry the corpse to another place, where with much difficulty it took fire. Besides this, Tiberius, that he might incense the people yet more, put himself into mourning, brought his children amongst the crowd, and entreated the people to provide for them and their mother, as if he now despaired of his own security.
About this time, king Attalus, surnamed Philometor, died, and Eudemus, a Pergamenian, brought his last will to Rome, by which he had made the Roman people his heirs. Tiberius, to please the people, immediately proposed making a law, that all the money which Attalus left, should be distributed amongst such poor citizens as were to be sharers of the public lands, for the better enabling them to proceed in stocking and cultivating their ground; and as for the cities that were in the territories of Attalus, he declared that the disposal of them did not at all belong to the senate, but to the people, and that he himself would ask their pleasure herein. By this he offended the senate more than ever he had done before, and Pompeius stood up, and acquainted them that he was the next neighbor to Tiberius, and so had the opportunity of knowing that Eudemus, the Pergamenian, had presented Tiberius with a royal diadem and a purple robe, as before long he was to be king of Rome. Quintus Metellus also upbraided him, saying, that when his father was censor, the Romans, whenever he happened to be going home from a supper, used to put out all their lights, lest they should be seen to have indulged themselves in feastings and drinking at unseasonable hours, whereas, now, the most indigent and audacious of the people were found with their torches at night, following Tiberius home. Titus Annius, a man of no great repute for either justice or temperance, but famous for his skill in putting and answering questions, challenged Tiberius to the proof by wager, declaring him to have deposed a magistrate who by law was sacred and inviolable. Loud clamor ensued, and Tiberius, quitting the senate hastily, called together the people, and summoning Annius to appear, was proceeding to accuse him. But Annius, being no great speaker, nor of any repute compared to him, sheltered himself in his own particular art, and desired that he might propose one or two questions to Tiberius, before he entered upon the chief argument. This liberty being granted, and silence proclaimed, Annius proposed his question. "If you," said he, "had a design to disgrace and defame me, and I should apply myself to one of your colleagues for redress, and he should come forward to my assistance, would you for that reason fall into a passion, and depose him?" Tiberius, they say, was so much disconcerted at this question, that, though at other times his assurance as well as his readiness of speech was always remarkable, yet now he was silent and made no reply.
For the present he dismissed the assembly. But beginning to understand that the course he had taken with Octavius had created offense even among the populace as well as the nobility, because the dignity of the tribunes seemed to be violated, which had always continued till that day sacred and honorable, he made a speech to the people in justification of himself; out of which it may not be improper to collect some particulars, to give an impression of his force and persuasiveness in speaking. "A tribune," he said, "of the people, is sacred indeed, and ought to be inviolable, because in a manner consecrated to be the guardian and protector of them; but if he degenerate so far as to oppress the people, abridge their powers, and take away their liberty of voting, he stands deprived by his own act of his honors and immunities, by the neglect of the duty, for which the honor was bestowed upon him. Otherwise we should be under the obligation to let a tribune do his pleasure, though he should proceed to destroy the capitol or set fire to the arsenal.
He who should make these attempts, would be a bad tribune.
He who assails the power of the people, is no longer a tribune at all. Is it not inconceivable, that a tribune should have power to imprison a consul, and the people have no authority to degrade him when he uses that honor which he received from them, to their detriment? For the tribunes, as well as the consuls, hold office by the people's votes. The kingly government, which comprehends all sorts of authority in itself alone, is morever elevated by the greatest and most religious solemnity imaginable into a condition of sanctity.
But the citizens, notwithstanding this, deposed Tarquin, when he acted wrongfully; and for the crime of one single man, the ancient government under which Rome was built, was abolished forever. What is there in all Rome so sacred and venerable as the vestal virgins, to whose care alone the preservation of the eternal fire is committed? yet if one of these transgress, she is buried alive; the sanctity which for the gods' sakes is allowed them, is forfeited when they offend against the gods. So likewise a tribune retains not his inviolability, which for the people's sake was accorded to him, when he offends against the people, and attacks the foundations of that authority from whence he derived his own.
We esteem him to be legally chosen tribune who is elected only by the majority of votes; and is not therefore the same person much more lawfully degraded, when by a general consent of them all, they agree to depose him? Nothing is so sacred as religious offerings; yet the people were never prohibited to make use of them, but suffered to remove and carry them wherever they pleased; so likewise, as it were some sacred present, they have lawful power to transfer the tribuneship from one man's hands to another's. Nor can that authority be thought inviolable and irremovable which many of those who have held it, have of their own act surrendered, and desired to be discharged from."
These were the principal heads of Tiberius's apology. But his friends, apprehending the dangers which seemed to threaten him, and the conspiracy that was gathering head against him, were of opinion, that the safest way would be for him to petition that he might be continued tribune for the year ensuing. Upon this consideration, he again endeavored to secure the people's good-will with fresh laws, making the years of serving in the war fewer than formerly, granting liberty of appeal from the judges to the people, and joining to the senators, who were judges at that time, an equal number of citizens of the horsemen's degree, endeavoring as much as in him lay to lessen the power of the senate, rather from passion and partisanship than from any rational regard to equity and the public good. And when it came to the question, whether these laws should be passed, and they perceived that the opposite party were strongest, the people as yet being not got together in a full body, they began first of all to gain time by speeches in accusation of some of their fellow-magistrates, and at length adjourned the assembly till the day following.
Tiberius then went down into the marketplace amongst the people, and made his addresses to them humbly and with tears in his eyes; and told them, he had just reason to suspect, that his adversaries would attempt in the night time to break open his house, and murder him. This worked so strongly with the multitude, that several of them pitched tents round about his house, and kept guard all night for the security of his person. By break of day came one of the soothsayers, who prognosticate good or bad success by the pecking of fowls, and threw them something to eat. The soothsayer used his utmost endeavors to fright the fowls out of their coop; but none of them except one would venture out, which fluttered with its left wing, and stretched out its leg, and ran back again into the coop, without eating anything. This put Tiberius in mind of another ill omen which had formerly happened to him. He had a very costly headpiece, which he made use of when he engaged in any battle, and into this piece of armor two serpents crawled, laid eggs, and brought forth young ones. The remembrance of which made Tiberius more concerned now, than otherwise he would have been.
However, he went towards the capitol, as soon as he understood that the people were assembled there; but before he got out of the house, he stumbled upon the threshold with such violence, that he broke the nail of his great toe, insomuch that blood gushed out of his shoe. He was not gone very far before he saw two ravens fighting on the top of a house which stood on his left hand as he passed along; and though he was surrounded with a number of people, a stone, struck from its place by one of the ravens, fell just at his foot. This even the boldest men about him felt as a check.
But Blossius of Cuma, who was present, told him, that it would be a shame, and an ignominious thing, for Tiberius, who was the son of Gracchus, the grandson of Scipio Africanus, and the protector of the Roman people, to refuse, for fear of a silly bird, to answer, when his countrymen called to him; and that his adversaries would represent it not as a mere matter for their ridicule, but would declaim about it to the people as the mark of a tyrannical temper, which felt a pride in taking liberties with the people. At the same time several messengers came also from his friends, to desire his presence at the capitol, saying that all things went there according to expectation. And indeed Tiberius's first entrance there was in every way successful; as soon as ever he appeared, the people welcomed him with loud acclamations, and as he went up to his place, they repeated their expressions of joy, and gathered in a body around him, so that no one who was not well known to be his friend, might approach. Mucius then began to put the business again to the vote; but nothing could be performed in the usual course and order, because of the disturbance caused by those who were on the outside of the crowd, where there was a struggle going on with those of the opposite party, who were pushing on and trying to force their way in and establish themselves among them.
Whilst things were in this confusion, Flavius Flaccus, a senator, standing in a place where he could be seen, but at such a distance from Tiberius that he could not make him hear, signified to him by motions of his hand, that he wished to impart something of consequence to him in private.
Tiberius ordered the multitude to make way for him, by which means, though not without some difficulty, Flavius got to him, and informed him, that the rich men, in a sitting of the senate, seeing they could not prevail upon the consul to espouse their quarrel, had come to a final determination amongst themselves, that he should be assassinated, and to that purpose had a great number of their friends and servants ready armed to accomplish it. Tiberius no sooner communicated this confederacy to those about him, but they immediately tucked up their gowns, broke the halberts which the officers used to keep the crowd off into pieces, and distributed them among themselves, resolving to resist the attack with these. Those who stood at a distance wondered, and asked what was the occasion; Tiberius, knowing that they could not hear him at that distance, lifted his hand to his head, wishing to intimate the great danger which he apprehended himself to be in. His adversaries, taking notice of that action, ran off at once to the senate house, and declared, that Tiberius desired the people to bestow a crown upon him, as if this were the meaning of his touching his head. This news created general confusion in the senators, and Nasica at once called upon the consul to punish this tyrant, and defend the government. The consul mildly replied, that he would not be the first to do any violence; and as he would not suffer any freeman to be put to death, before sentence had lawfully passed upon him, so neither would he allow any measure to be carried into effect, if by persuasion or compulsion on the part of Tiberius the people had been induced to pass any unlawful vote. But Nasica, rising from his seat, "Since the consul," said he, "regards not the safety of the commonwealth, let everyone who will defend the laws, follow me." He, then, casting the skirt of his gown over his head, hastened to the capitol; those who bore him company, wrapped their gowns also about their arms.
and forced their way after him. And as they were persons of the greatest authority in the city, the common people did not venture to obstruct their passing, but were rather so eager to clear the way for them, that they tumbled over one another in haste. The attendants they brought with them, had furnished themselves with clubs and staves from their houses, and they themselves picked up the feet and other fragments of stools and chairs, which were broken by the hasty flight of the common people. Thus armed, they made towards Tiberius, knocking down those whom they found in front of him, and those were soon wholly dispersed, and many of them slain.
Tiberius tried to save himself by flight. As he was running, he was stopped by one who caught hold of him by the gown; but he threw it off, and fled in his under-garments only. And stumbling over those who before had been knocked down, as he was endeavoring to get up again, Publius Satureius, a tribune, one of his colleagues, was observed to give him the first fatal stroke, by hitting him upon the head with the foot of a stool. The second blow was claimed, as though it had been a deed to be proud of, by Lucius Rufus. And of the rest there fell above three hundred, killed by clubs and staves only, none by an iron weapon.
This, we are told, was the first sedition amongst the Romans, since the abrogation of kingly government, that ended in the effusion of blood. All former quarrels which were neither small nor about trivial matters, were always amicably composed, by mutual concessions on either side, the senate yielding for fear of the commons, and the commons out of respect to the senate. And it is probable indeed that Tiberius himself might then have been easily induced, by mere persuasion, to give way, and certainly, if attacked at all, must have yielded without any recourse to violence and bloodshed, as he had not at that time above three thousand men to support him. But it is evident, that this conspiracy was fomented against him, more out of the hatred and malice which the rich men had to his person, than for the reasons which they commonly pretended against him. In testimony of which, we may adduce the cruelty and unnatural insults which they used to his dead body. For they would not suffer his own brother, though he earnestly begged the favor, to bury him in the night, but threw him, together with the other corpses, into the river. Neither did their animosity stop here; for they banished some of his friends without legal process, and slew as many of the others us they could lay their hands on; amongst whom Diophanes, the orator, was slain, and one Caius Villius cruelly murdered by being shut up in a large tun with vipers and serpents. Blossius of Cuma, indeed, was carried before the consuls, and examined touching what had happened, and freely confessed, that he had done, without scruple, whatever Tiberius bade him.
"What," replied Nasica, "then if Tiberius had bidden you burn the capitol, would you have burnt it?" His first answer was, that Tiberius never would have ordered any such thing; but being pressed with the same question by several others, he declared, "If Tiberius had commanded it, it would have been right for me to do it; for he never would have commanded it, if it had not been for the people's good." Blossius at this time was pardoned, and afterwards went away to Aristonicus in Asia, and when Aristonicus was overthrown and ruined, killed himself.
The senate, to soothe the people after these transactions, did not oppose the division of the public lands, and permitted them to choose another commissioner in the room of Tiberius. So they elected Publius Crassus, who was Gracchus's near connection, as his daughter Licinia was married to Caius Gracchus; although Cornelius Nepos says, that it was not Crassus's daughter whom Caius married, but Brutus's, who triumphed for his victories over the Lusitanians; but most writers state it as we have done. The people, however, showed evident marks of their anger at Tiberius's death; and were clearly waiting only for the opportunity to be revenged, and Nasica was already threatened with an impeachment. The senate, therefore, fearing lest some mischief should befall him, sent him ambassador into Asia, though there was no occasion for his going thither.
For the people did not conceal their indignation, even in the open streets, but railed at him, whenever they met him abroad, calling him a murderer and a tyrant, one who had polluted the most holy and religious spot in Rome with the blood of a sacred and inviolable magistrate. And so Nasica left Italy, although be was bound, being the chief priest, to officiate in all principal sacrifices. Thus wandering wretchedly and ignominiously from one place to another, he died in a short time after, not far from Pergamus. It is no wonder that the people had such an aversion to Nasica, when even Scipio Africanus, though so much and so deservedly beloved by the Romans, was in danger of quite losing the good opinion which the people had of him, only for repeating, when the news of Tiberius's death was first brought to Numantia, the verse out of Homer Even so perish all who do the same.
And afterwards, being asked by Caius and Fulvius, in a great assembly, what he thought of Tiberius's death, he gave an answer adverse to Tiberius's public actions. Upon which account, the people thenceforth used to interrupt him when he spoke, which, until that time, they had never done, and he, on the other hand, was induced to speak ill of the people.
But of this the particulars are given in the life of Scipio.
CAIUS GRACCHUS Caius Gracchus, at first, either for fear of his brother's enemies, or designing to render them more odious to the people, absented himself from the public assemblies, and lived quietly in his own house, as if he were not only reduced for the present to live unambitiously, but was disposed in general to pass his life in inaction. And some, indeed, went so far as to say that he disliked his brother's measures, and had wholly abandoned the defense of them. However, he was now but very young, being not so old as Tiberius by nine years; and he was not yet thirty when he was slain.
In some little time, however, he quietly let his temper appear, which was one of an utter antipathy to a lazy retirement and effeminacy, and not the least likely to be contented with a life of eating, drinking, and money getting. He gave great pains to the study of eloquence, as wings upon which he might aspire to public business; and it was very apparent that he did not intend to pass his days in obscurity. When Vettius, a friend of his, was on his trial, he defended his cause, and the people were in an ecstasy, and transported with joy, finding him master of such eloquence that the other orators seemed like children in comparison, and jealousies and fears on the other hand began to be felt by the powerful citizens; and it was generally spoken of amongst them that they must hinder Caius from being made tribune.
But soon after, it happened that he was elected quaestor, and obliged to attend Orestes, the consul, into Sardinia. This, as it pleased his enemies, so it was not ungrateful to him, being naturally of a warlike character, and as well trained in the art of war as in that of pleading. And, besides, as yet he very much dreaded meddling with state affairs, and appearing publicly in the rostra, which, because of the importunity of the people and his friends, he could no otherwise avoid, than by taking this journey.
He was therefore most thankful for the opportunity of absenting himself. Notwithstanding which, it is the prevailing opinion that Caius was a far more thorough demagogue, and more ambitious than ever Tiberius had been, of popular applause; yet it is certain that he was borne rather by a sort of necessity than by any purpose of his own into public business. And Cicero, the orator, relates, that when he declined all such concerns, and would have lived privately, his brother appeared to him in a dream, and calling him by his name, said, "why do you tarry, Caius? There is no escape; one life and one death is appointed for us both, to spend the one and to meet the other, in the service of the people."
Caius was no sooner arrived in Sardinia, but he gave exemplary proofs of his high merit; he not only excelled all the young men of his age in his actions against his enemies, in doing justice to his inferiors, and in showing all obedience and respect to his superior officer; but likewise in temperance, frugality, and industry, he surpassed even those who were much older than himself. It happened to be a sharp and sickly winter in Sardinia, insomuch that the general was forced to lay an imposition upon several towns to supply the soldiers with necessary clothes. The cities sent to Rome, petitioning to be excused from that burden; the senate found their request reasonable, and ordered the general to find some other way of new clothing the army. While he was at a loss what course to take in this affair, the soldiers were reduced to great distress; but Caius went from one city to another, and by his mere representations, he prevailed with them, that of their own accord they clothed the Roman army. This again being reported to Rome, and seeming to be only an intimation of what was to be expected of him as a popular leader hereafter, raised new jealousies amongst the senators. And, besides, there came ambassadors out of Africa from king Micipsa, to acquaint the senate, that their master, out of respect to Caius Gracchus, had sent a considerable quantity of corn to the general in Sardinia; at which the senators were so much offended, that they turned the ambassadors out of the senate house, and made an order that the soldiers should be relieved by sending others in their room; but that Orestes should continue at his post, with whom Caius, also, as they presumed, being his quaestor, would remain. But he, finding how things were carried, immediately in anger took ship for Rome, where his unexpected appearance obtained him the censure not only of his enemies, but also of the people; who thought it strange that a quaestor should leave before his commander.
Nevertheless, when some accusation upon this ground was made against him to the censors, he desired leave to defend himself, and did it so effectually, that, when he ended, he was regarded as one who had been very much injured. He made it then appear, that he had served twelve years in the army, whereas others are obliged to serve only ten; that he had continued quaestor to the general three years, whereas he might by law have returned at the end of one year; and alone of all who went on the expedition, he had carried out a full, and had brought home an empty purse, while others, after drinking up the wine they had carried out with them, brought back the wine-jars filled again with gold and silver from the war.
After this, they brought other accusations and writs against him, for exciting insurrection amongst the allies, and being engaged in the conspiracy that was discovered about Fregellae. But having cleared himself of every suspicion, and proved his entire innocence, he now at once came forward to ask for the tribuneship; in which, though he was universally opposed by all persons of distinction, yet there came such infinite numbers of people from all parts of Italy to vote for Caius, that lodgings for them could not be supplied in the city; and the Field being not large enough to contain the assembly, there were numbers who climbed upon the roofs and the tilings of the houses to use their voices in his favor. However, the nobility so far forced the people to their pleasure and disappointed Caius's hope, that he was not returned the first, as was expected, but the fourth tribune. But when he came to the execution of his office, it was seen presently who was really first tribune, as he was a better orator than any of his contemporaries, and the passion with which he still lamented his brother's death, made him the bolder in speaking. He used on all occasions to remind the people of what had happened in that tumult, and laid before them the examples of their ancestors, how they declared war against the Faliscans, only for giving scurrilous language to one Genucius, a tribune of the people; and sentenced Caius Veturius to death, for refusing to give way in the forum to a tribune; "Whereas," said he, "these men did, in the presence of you all, murder Tiberius with clubs, and dragged the slaughtered body through the middle of the city, to be cast into the river. Even his friends, as many as could be taken, were put to death immediately, without any trial, notwithstanding that just and ancient custom, which has always been observed in our city, that whenever anyone is accused of a capital crime, and does not make his personal appearance in court, a trumpeter is sent in the morning to his lodging, to summon him by sound of trumpet to appear; and before this ceremony is performed, the judges do not proceed to the vote; so cautious and reserved were our ancestors about business of life and death."
Having moved the people's passion with such addresses (and his voice was of the loudest and strongest), he proposed two laws.
The first was, that whoever was turned out of any public office by the people, should be thereby rendered incapable of bearing any office afterwards; the second, that if any magistrate condemn a Roman to be banished, without a legal trial, the people be authorized to take cognizance thereof.
One of these laws was manifestly leveled at Marcus Octavius, who, at the instigation of Tiberius, had been deprived of his tribuneship. The other touched Popilius, who, in his praetorship, had banished all Tiberius's friends; whereupon Popilius, being unwilling to stand the hazard of a trial, fled out of Italy. As for the former law, it was withdrawn by Caius himself, who said he yielded in the case of Octavius, at the request of his mother Cornelia. This was very acceptable and pleasing to the people,