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Whether this extraordinary act was demanded by Innocent or suggested by John, the evidence does not permit us to say. The balance of probabilities, however, inclines strongly to the opinion that it was a voluntary act of the king's. There is nothing in the papal documents to indicate any such demand, and it is hardly possible that the pope could have believed that he could carry the matter so far. On the other hand, John was able to see clearly that nothing else would save him. He had every reason to be sure that no ordinary reconciliation with the papacy would check the invasion of Philip or prevent the treason of the barons. If England were made a possession of the pope, the whole situation would take on a different aspect. Not only would all Europe think Innocent justified in adopting the most extreme measures for the defence of his vassal, but also the most peculiar circumstances only would justify Philip in going on with his attack, and without him disaffection at home was powerless. We should be particularly careful not to judge this act of John's by the sentiment of a later time. There was nothing that seemed degrading to that age about becoming a vassal. Every member of the aristocracy of Europe and almost every king was a vassal. A man passed from the classes that were looked down upon, the peasantry and the bourgeoisie, into the nobility by becoming a vassal. The English kings had been vassals since feudalism had existed in England, though not for the kingdom, and only a few years before Richard had made even that a fief of the empire. There is no evidence that John's right to take this step was questioned by any one, or that there was any general condemnation of it at that time. One writer a few years later says that the act seemed to many "ignominious," but he records in the same sentence his own judgment that John was "very prudently providing for himself and his by the deed."[77] Even in the rebellion against John that closed his reign no objection was made to the relationship with the papacy, nor was the king's right to act as he did denied, though his action was alleged by his enemies to be illegal because it did not have the consent of the barons. John's charter of concession, however, expressly affirms this consent, and the barons on one occasion seem to have confirmed the assertion.[78]

The reign of Tarquin was distinguished by great exploits in war and by great works in peace. He defeated the Sabines, and took their town Collatia, which he placed under his nephew Egerius, who was thence called Collatinus. He also captured many of the Latin towns, and became the ruler of all Latium; but the important works which he executed in peace have rendered his name still more famous. The great cloacae, or sewers, by which he drained the lower parts of the city, still remain, after so many ages, with not a stone displaced. He laid out the Circus Maximus, and instituted the great or Roman games performed in the circus. He also made some changes in the constitution of the state. He added to the Senate 100 new members, taken from the Luceres, the third tribe, and called _patres minorum gentium_, to distinguish them from the old Senators, who were now termed _patres majorum gentium_. To the three centuries of equites established by Romulus he wished to add three new centuries, and to call them after himself and two of his friends. But his plan was opposed by the augur Attus Navius, who said that the gods forbade it. The tale runs that the king, to test the augur, asked him to divine whether what he was thinking of could be done. After consulting the heavens, the augur replied that it could; whereupon the king said, "I was thinking that thou shouldst cut this whetstone with a razor." Navius, without a moment's hesitation, took a razor and cut it in twain. In consequence of this miracle, Tarquin gave up his design of establishing new centuries; but with each of the former centuries he associated another under the same name, so that henceforth there were the first and second Ramnes, Tities, and Luceres. The number of Vestal Virgins was also increased from four to six, the two new vestals being probably taken from the Luceres.

The Senate felt themselves now sufficiently strong to declare them public enemies, and invested the Consuls with dictatorial power. Marius was unwilling to act against his associates, but he had no alternative, and his backwardness was compensated by the zeal of others. Driven out of the forum, Saturninus, Glaucia, and the Quaestor Saufeius took refuge in the Capitol, but the partisans of the Senate cut off the pipes which supplied the citadel with water before Marius began to move against them. Unable to hold out any longer, they surrendered to Marius. The latter did all he could to save their lives: as soon as they descended from the Capitol, he placed them, for security, in the Curia Hostilia; but the mob pulled off the tiles of the Senate-house, and pelted them till they died. The Senate gave their sanction to the proceeding by rewarding with the citizenship a slave of the name of Scaeva, who claimed the honor of having killed Saturninus.