Aulus Aternius Varus
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Aulus Aternius Varus, surnamed Fontinalis, was consul
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...

 in 454 BC, with Spurius Tarpeius Montanus Capitolinus.

The consuls of the previous year, Titus Romilius and Gaius Veturius had defeated the Aequi
Aequi
thumb|300px|Location of the Aequi in central Italy.The Aequi were an ancient people of northeast Latium and the central Appennines of Italy who appear in the early history of ancient Rome. After a long struggle for independence from Rome they were defeated and substantial Roman colonies were...

 at Mount Algidus
Algidus Mons
The Algidus Mons is the eastern rim of the dormant Alban Volcano in the Alban Hills, about 20 km southeast of Rome, Italy. The ridge is traversed by a narrow crevasse called la Cava d'Aglio...

, but were now prosecuted for having sold the captured material and equipment in order to replenish the treasury, without having received the approval of the troops, who would otherwise have been entitled to a share of the proceeds. The former consuls were tried and fined for their misappropriation. This occurrence appears to have led to the passage of the lex Aternia Tarpeia, regulating the payment of fines, and fixing the maximum fine which magistrates could impose.

Aternius and Tarpeius also maintained the opposition of the senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...

 and the patricians to a law passed two years earlier by the tribunes of the plebs
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...

, opening the Aventine Hill
Aventine Hill
The Aventine Hill is one of the seven hills on which ancient Rome was built. It belongs to Ripa, the twelfth rione, or ward, of Rome.-Location and boundaries:The Aventine hill is the southernmost of Rome's seven hills...

 to settlement. With the two orders deadlocked, an agreement was forged to appoint a body consisting of both patricians and plebeians
Plebs
The plebs was the general body of free land-owning Roman citizens in Ancient Rome. They were distinct from the higher order of the patricians. A member of the plebs was known as a plebeian...

, which should pass measures for the benefit of all. Three envoys (all patricians) were sent to Athens
Classical Athens
The city of Athens during the classical period of Ancient Greece was a notable polis of Attica, Greece, leading the Delian League in the Peloponnesian War against Sparta and the Peloponnesian League. Athenian democracy was established in 508 BC under Cleisthenes following the tyranny of Hippias...

, to study the laws of Solon
Solon
Solon was an Athenian statesman, lawmaker, and poet. He is remembered particularly for his efforts to legislate against political, economic and moral decline in archaic Athens...

 and Greek political institutions, and report their findings upon their return. This settlement led to the creation of the Decemviri Legibus Scribundis
Decemviri
Decemviri is a Latin term meaning "Ten Men" which designates any such commission in the Roman Republic...

, who held power from 451 to 449, and established the Twelve Tables
Twelve Tables
The Law of the Twelve Tables was the ancient legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic and the core of the mos maiorum...

 of Roman law.

The Decemvirate failed to bring about the reconciliation of the orders, and was itself abolished, as the consulship was re-instituted in 449. A plan was then proposed by which the senate would accede to the illegal re-election of several of the tribunes, if the consuls should also be re-elected. The object of this scheme was to discredit both the tribunes and the consuls, who had previously earned the people's trust. However, the president of the elections, Marcus Duilius, himself a former tribune, secured the pledge of the consuls not to accept a second year in office.

Duilius then called for the election of the tribunes, and refused to acknowledge the re-election of the tribunes of 449. As only five other men were elected, Duilius announced that the legally-elected tribunes should appoint five others to fill the vacancies, thereby frustrating the tribunes whom the senate had sought to return to office for a second year. As a concession to those patricians who had supported the peaceful resolution of the conflict, the tribunes chose two patricians, Aternius, and his colleague Tarpeius, to fill two of the vacant positions.

This was the only time that patricians were permitted to hold this office, in consequence of which the plebeian tribune Lucius Trebonius Asper succeeded in passing the lex Trebonia, requiring that in the future, votes should continue to be called until the full number of tribunes had been elected, thereby preventing future tribunes from appointing colleagues who might be opposed to the interests of the people.
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