occupancy. The plebs took what was offered
to them, but never ceased to insist in their demand for a legal code.
At length, in the year 300, a compromise was effected; the senate in
substance gave way. The preparation of a legal code was resolved
upon; for that purpose, as an extraordinary measure, the centuries
were to choose ten men who were at the same time to act as supreme
magistrates in room of the consuls (-decemviri consulari imperio
legibus scribundls-), and to this office not merely patricians, but
plebeians also might be elected. These were here for the first time
designated as eligible, though only for an extraordinary office. This
was a great step in the progress towards full political equality; and
it was not too dearly purchased, when the tribunate of the people as
well as the right of appeal were suspended while the decemvirate
lasted, and the decemvirs were simply bound not to infringe the sworn
liberties of the community. Previously however an embassy was sent
to Greece to bring home the laws of Solon and other Greek laws; and
it was only on its return that the decemvirs were chosen for the year
303. Although they were at liberty to elect plebeians, the choice
fell on patricians alone--so powerful was the nobility still--and
it was only when a second election became necessary for 304, that
some plebeians were chosen--the first non-patrician magistrates that
the Roman community had.

Taking a connected view of these measures, we can scarcely attribute
to them any other design than that of substituting for tribunician
intercession a limitation of the consular powers by written law.
On both sides there must have been a conviction that things could not
remain as they were, and the perpetuation of anarchy, while it ruined
the commonwealth, was in reality of no benefit to any one. People in
earnest could not but discern that the interference of the tribunes
in administration and their action as prosecutors had an absolutely
pernicious effect; and the only real gain which the tribunate brought
to the plebeians was the protection which it afforded against a
partial administration of justice, by operating as a sort of court
of cassation to check the caprice of the magistrate. Beyond doubt,
when the plebeians desired a written code, the patricians replied that
in that event the legal protection of tribunes would be superfluous;
and upon this there appears to have been concession by both sides.
Perhaps t