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.