Page:The Referendum and the Recall Among the Ancient Romans (Abbott, 1915, hvd.32044080048069).pdf/14

12 which he knew, must be the deposing one of them from office. He desired, therefore, that Octavius would summon the people to pass their verdict on 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 on the rostra, and endeavored a second time to persuade Octavius.... 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..... 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."

Here at last we have all the elements of the recall, a charge based on a magistrate's official action, no judicial procedure, and removal from office by vote of the people. The action set a precedent of tremendous importance, and Tiberius in a few days felt the need of defending it. Fortunately Plutarch has preserved for us a part of his defence. I wish it were possible to give the entire extract, but I must content myself with a few quotations from it. "'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 degenerates 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 honors and immunities, by the neglect of the duty for which the honor was bestowed upon him..... He who