Page:Roman Constitutional History, 753-44 B.C..djvu/65

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MOVEMENT IN FAVOR OF A CODE.
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Distribution of Lots on the Aventine. — About the same time the public land on the Aventine hill was distributed among the poorer plebeians as sites for buildings. Small as the grant was, here was an agrarian law (lex agraria) and a precedent for reclaiming public land that had been occupied.

Limitation of Fines. — A third concession was in line with plebeian demands and of high importance. The Aternio-Tarpeian law of 454 fixed the highest fine (multa maxima or suprema), not subject to appeal, at two sheep and thirty oxen, valued by the Julio-Papirian law of 430 at about $166 (3020 asses librales). Moreover, the penalty was in no case to exceed one-half of the property of the citizen fined. The right to impose higher fines was in practice left to the plebeian magistrates, as the consuls waived the right when obliged to allow appeal.

Election of Commission. — At last, in 454, the plebeians were successful in their demand for a commission, though they were forced to agree to a compromise. The assembly of centuries was to elect a commission of ten men to prepare a code of law (decemviri consulari imperio legibus scribundis). These men were to have consular powers and were for the time being to supersede the consuls. During their continuance in office the tribunate and the right of appeal were to be suspended. But they were forbidden to infringe on the sacred laws (leges sacratae). Although plebeians seem to have been eligible, the patricians succeeded in electing ten of their own number. Afterward, when a second election became necessary, some plebeians were chosen — the first plebeian magistrates of the Roman state. This was a great advance toward political equality, and was well worth the temporary sacrifice of the tribunate and the right of appeal.