Apart from the emotions of pity and consequent sympathy which may have been awakened in some breasts by the story of the ruined and exiled king, his appeal—passionate, vigorous and telling as it was—could not have been listened to with any great degree of pleasure by the assembled fathers; for it brought home to the government of a protecting state that most unpleasant of lessons, its duty to the protected. With the ingenuity of despair Adherbal exaggerated the degree of Roman government, in order to emphasise the moral and political obligations of the rulers to their dependents. If the King of Numidia was a mere agent of the imperial[890] city, subordinating his wishes to her ends, seeing the security of his own possessions in the extension of her influence alone, clinging to her friendship with a trust as firm as that inspired by ties of blood, it was the duty of the mistress to protect such a servant, and to avenge an outrage which reflected alike on her gratitude and her authority. It had been a maxim of Micipsa's that the clients of Rome supported a heavy burden, but were amply compensated by the immunity from danger that they enjoyed. And, if Rome did not protect, to whom could a client-king look for aid? His very service to Rome had made him the enemy of all neighbouring powers. It was true that Adherbal could claim little in his own right; he was a suppliant before he could be a benefactor, stripped of all power of benefiting his great protector before his devotion could be put to the test. Yet he could claim a debt; for he was the sole relic of a dynasty that had given their all to Rome. Jugurtha was destroying a family whose loyalty had stood every test, he was committing horrid atrocities on the friends of Rome, his insolence and impunity were inflicting as grave an injury on the Roman name as on the wretched victims of his cruelty.

Such was the current of subtle and cogent reasoning that ran through the passionate address of the exiled king, crying for vengeance, but above all for justice. The answer of Jugurtha's envoys was brief and to the point. They had only to state their fictitious case. A plausible case was all that was needed; their advocates would do the rest. Hiempsal, they urged, had been put to death by the Numidians in consequence of the cruelty of his rule. Adherbal had been the aggressor in the late war. He had suffered defeat, and was now petitioning for help because he had found himself unable to perpetrate the wrong which he had intended. Jugurtha entreated the senate to let the knowledge which had been gained of him at Numantia guide their opinion of him now, and to set his own past deeds before the words of a personal enemy.[891] Both parties then withdrew and the senate fell to debate.

It is sufficiently likely that, even had there been no corruption or suspicion of corruption, the opinions of the House would have been divided on the question that was put before them. Some minds naturally suspicious might have been doubtful of the facts. Were Hiempsal's death and Adherbal's flight due to national discontent or the unprovoked ambition of Jugurtha? If the former was the case, was the restoration of the king to an unwilling people by an armed force a measure conducive to the interest of the protecting state? But even some who accepted Adherbal's statement of the case, may have doubted the wisdom of a policy of armed intervention; for it was manifest that a considerable degree of force would have to be employed to lead Jugurtha to relinquish his claims and to stamp out the loyalty of his adherents. The senate could have been in no humour for another African war; they regarded their policy as closed in that quarter of the world; they had shifted the burden of frontier defence on to the Kings of Numidia, and must have viewed with alarm the prospect of something far worse than a frontier war arising from the quarrels of those kings. It is probable, therefore, that proposals for a peaceful settlement would in any case have commanded the respectful attention of the senate; had these been made with a show of decency, with a general recognition of Adherbal's claims, and some censure of Jugurtha's overbearing conduct (for this must have been better attested than his share in Hiempsal's death), but little adverse comment might have been excited by the tone of the debate. As it was, when member after member rose, lauded Jugurtha's merits to the skies and poured contempt on the statements of Adherbal,[892] an unpleasant feeling was excited that this fervour was not wholly due to a patriotic interest in the security of the empire. The very boisterousness of the championship induced a more rigorous attitude on the part of those who had not been approached by Jugurtha's envoys or had resisted their overtures. They maintained that Adherbal must be helped at all costs, and that strict punishment should be exacted for Hiempsal's murder. This minority found an ardent advocate in Scaurus, the keeper of the conscience of the senate, the man who knew better than any that an individual or a government lives by its reputation, who saw with horror that no specious pretexts were being employed to clothe a policy which the malevolent might interpret as a political crime, and that the sinister rumours which had been current in Rome were finding their open verification in the senate. A vigorous championship of the cause of right from the foremost politician of the day, might not influence the decision of the House, and would certainly not lead to a quixotic policy of armed intervention; but it might prove to critics of the government that the inevitable decision had not been reached wholly in defiance of the claims of the suppliant and wholly in obedience to the machinations of a usurper. The decision, which closed the unreal debate, recognised Jugurtha and Adherbal as joint rulers of Numidia. It wilfully ignored Hiempsal's death, it wantonly exposed the lamb to the wolf, it was worthless as a settlement of the dynastic question, unless Jugurtha's supporters entertained the pious hope that their favourite's ambition might be satisfied with the increase now granted to his wealth and territory, and that his prudence might withhold him from again testing the forbearance of the protecting power. But those who possessed keener insight or who knew Jugurtha better, must have foreseen the probable result of the impunity which had been granted; they must have presaged, with anxious foreboding or with patient cynicism, the final disappearance of Adherbal from the scene and a fresh request for the settlement of the Numidian question, which would have become less complex when there was but one candidate for the throne. The decree of the senate enjoined the creation of a commission of ten, which should visit Numidia and divide the whole of the kingdom which had been possessed by Micipsa, between the rival chiefs.[893]

The head of the commission was Lucius Opimius, whose influence amongst the members of his order had never waned since he had exercised and proved his right of saving the State from the threatened dangers of sedition. His selection on this occasion gave an air of impartiality to the commission, for he was known to be no friend to Jugurtha.[894]

That prince, however, did not allow his past relations to be an obstacle to his present enterprise. The conquest of Opimius was the immediate object to which he devoted all his energies. As soon as the commissioners had appeared on African soil, they and their chief were received with the utmost deference by the king. The frequent and secret colloquies which took place between the arbitrators and one of the parties interested in their decision were not a happy omen for an impartial judgment, and, if the award could by the exercise of malevolent ingenuity be interpreted as unfair, would certainly breed the suspicion, and, in case the matter was ever submitted to a hostile court of law, the proof that the honour of the commissioners had succumbed to the usual vulgar and universally accredited methods of corruption. On the face of it the award seemed eminently just. Numidia was becoming a commercial and agricultural state; but since commerce and agriculture did not flourish in the same domains, it was impossible to endow each of the claimants equally with both these sources of wealth. To Adherbal was given that part of the kingdom which in its external attributes seemed the more desirable; he was to rule over the eastern half of Numidia which bordered on the Roman province, the portion of the country which enjoyed a readier access to the sea and could boast of a fuller development of urban life. Cirta the capital lay within this sphere, and Adherbal could continue to give justice from the throne of his fathers. But those who held that the strength of a country depended mainly on its people and its soil, believed that Jugurtha had received the better part. The territories with which he was entrusted were those bordering on Mauretania, rich in the products of the soil and teeming with healthy human life.[895] From the point of view of military resources there could be no question as to which of the two kings was the stronger. The peaceful character of Adherbal may have seemed a justification for his peaceful sphere of rule; but the original aggressor was kept at his normal strength. Jugurtha ruled over the lands in which the national spirit, of which he was himself the embodiment, found its fullest and fiercest expression. He did not mean to acquiesce for a moment in the settlement effected by the commission. No sooner had it completed its task and returned home, than he began to devise a scheme which would lead to war between the two principalities and the consequent annihilation of Adherbal. He shrank at first from provoking the senate by a wanton attack on the neighbouring kingdom which they had just created; his design was rather to draw Adherbal into hostilities which would lead to a pitched battle, a certain victory, the disappearance of the last of Micipsa's race and the union of the two crowns. With this object he massed a considerable force on the boundary between the two kingdoms and suddenly crossed the frontier. His mounted raiders captured shepherds with their flocks, ravaged the fields of the peasantry, looted and burned their homes; then swept back within their own borders.[896] But Adherbal was not moved to reprisals. His circumstances no less than his temperament dictated methods of peace: and, if he could not keep his crown by diplomacy, he must have regarded it as lost. The Roman people was a better safeguard than his Numidian subjects, and it was necessary to temporise with Jugurtha until the senate could be moved by a strong appeal. Envoys were despatched to the court of the aggressor to complain of the recent outrage; they brought back an impudent reply; but Adherbal, steadfast in his pacific resolutions, still remained quiescent, Jugurtha's plan had failed and he was in no mood for further delay; he held now, as he had done once before, that his end could best be effected by vigorous and decisive action. The lapse of time could not improve his own position but might strengthen that of Adherbal, and it was advisable that a new Roman commission should witness an accomplished fact and make the best of it rather than engage again in the settlement of a disputed claim. It was no longer a predatory band but a large and regular army that he now collected; his present purpose was not a foray but a war.[897] He advanced into his rival's territory ravaging its fields, harrying its cities and gathering booty as he went. At every step the confidence of his own forces, the dismay of the enemy increased.

Adherbal was at last convinced that he must appeal to the sword for the security of his crown. A second flight to Rome would have utterly discredited him in the eyes of his subjects, perhaps in those of the Roman government itself; yet, as his chief hope still lay in Rome, he hurriedly despatched an embassy to the suzerain city[898] while he himself prepared to take the field. With unwilling energy he gathered his available forces and marched to oppose Jugurtha's triumphant progress. The invading host had now skirted Cirta to the west and was apparently attempting to cut off its communications with the sea. The disastrous results that would have followed the success of this attempt, may have been the final motive that spurred Adherbal to his appeal to arms; and it was somewhere within the fifty miles that intervened between the capital and its port of Rusicade and at a spot nearer to the sea than to Cirta,[899] that the opposing armies met. The day was already far spent when Adherbal came into touch with his enemy: there was no thought of a pitched battle in the gathering gloom, and either party took up his quarters for the night. Towards the late watches of the night, in the doubtful light of the early dawn, the soldiers of Jugurtha crept up to the outposts of the enemy; at a given signal they rushed on the camp and carried it by storm. Adherbal's soldiers, heavy with sleep and groping for their arms, were routed or slain; the prince himself sprang on his horse and with a handful of his knights sped for safety to the walls of Cirta, Jugurtha's troops in hot pursuit. They had almost closed on the fugitive before the walls were reached; but the race had been watched from the battlements, and, as the flying Adherbal passed the gates, the walls were manned by a volunteer body of Italian merchants who kept the pursuing Numidians at bay.[900] It was the merchant class that had most to fear from the cruelty and cupidity of the nomad hordes that now beat against the fortress, and during the siege that followed they controlled the course of events far more effectually than the unhappy king whom they had for the moment saved from destruction.

Jugurtha's plans were foiled; Adherbal had escaped, and there lay before him the irksome prospect of a siege, of probable interference from Rome and, it might be, of the necessity of openly defying the senate's commands. But it was now too late to draw back, and he set himself vigorously to the work of reducing Cirta by assault or famine. The task must have been an arduous one. The town formed one of the strongest positions for defence that could be found in the ancient world. It was built on an isolated cube of rock that towered above the vast cultivated tracts of the surrounding plain. At its eastern extremity the precipice made a sheer drop of six hundred feet, and was perhaps quite inaccessible on this side, although it threw out spurs, whether natural or of artificial construction, which formed a difficult and easily defensible communication with the lower land around. Its natural bastions were completed by a natural moat, for the river Ampsaga (the Waed Remel) almost encircled the town, and on the eastern side its deep and rushing waters could only be crossed by a ledge of rock, through which it bored a subterranean channel and over which some kind of bridge or causeway had probably been formed.[901] The natural and easy mode of approach to the city was to be found in the south-west, where a neck of land of half a furlong's breadth led up to the principal gate.

In spite of the formidable difficulties of the task Jugurtha attempted an assault, for it was of the utmost importance that he should possess the person of Adherbal before interference was felt from Rome. Mantlets, turrets and all the engines of siege warfare were vigorously employed to carry the town by storm;[902] but the stout walls baffled every effort, and Jugurtha was forced to face as best he might another Roman embassy which Adherbal's protests had brought to African soil. The senate, when it had learnt the news of the renewed outbreak of the war, was as unwilling as ever to intervene as a third partner in a three-sided conflict. To play the part of the policeman as well as of the judge was no element in Roman policy; the very essence of a protectorate was that it should take care of itself; were intervention necessary, it should be decisive, and it would be a lengthy task and an arduous strain to gather and transport to Africa a force sufficient to overawe Jugurtha. The easy device of a new commission was therefore adopted. If its Suggestions were obeyed, all would be well; if they were neglected, matters could not be much worse than they were at present. As the new commissioners had merely to take a message and were credited with no discretionary power, it was thought unnecessary to burden the higher magnates of the State with the unenviable task, or to expose them to the undignified predicament of finding their representations flouted by a rebel who might have eventually to be recognised as a king. A chance was given to younger members of the senatorial order, and the three who landed in Africa were branded by the hostile criticism that was soon to find utterance and in the poverty of its indictment to catch at every straw, as lacking the age and dignity demanded by the mission—qualities which, had they been present, would probably have failed to make the least impression on Jugurtha's fixed resolve. The commissioners were to approach both the kings and to bring to their notice the will and resolution of the Roman senate and people, which were to the effect that hostilities should be suspended and that the questions at issue between the rivals should be submitted to peaceful arbitration. This conduct the senate recommended as the only one worthy of its royal clients and of itself.[903]

The speed of the envoys was accelerated by the impression that they might find but one king to be the recipient of their message. On the eve of their departure the news of the decisive battle and the siege of Cirta had reached their ears. Haste was imperative, if they were to retain their position as envoys, for the next despatch might bring news of Adherbal's death. The actual news received fell short of the truth,[904] and was perhaps still further softened for the public ear; the fact that the envoys had sailed was itself an official indication that all hope had not been abandoned. If they cherished a similar illusion themselves, it must almost have vanished before the sight that met their eyes in Numidia. They saw a closely beleaguered town in which one of the kings, who were to be the recipients of their message, was so closely hemmed that access to him was impossible.[905] The other, without abating one jot of his military preparations, met them with an answer as uncompromising as it was courteous. Jugurtha held nothing more precious than the authority of the senate; from his youth up he had striven to meet the approbation of the good; it was by merit not by artifice, that he had gained the favour of Scipio; it was desert that had won him a place amongst Micipsa's children and a share in the Numidian crown. But qualities carry their responsibilities; the very distinction of his services made it the more incumbent on him to avenge a wrong. Adherbal had treacherously plotted against his life; the crime had been revealed and he had but taken steps to forestall it; the Roman people would not be acting justly or honourably, if they hindered him from taking such steps in his own defence as were the common right of all men.[906]

He would soon send envoys to Rome to deal with the whole question in dispute.

This answer showed the Roman commissioners the utter helplessness of their position. Their presence in Jugurtha's camp within sight of a city in which a client king and a number of their own citizens were imprisoned, was itself a stigma on the name of Rome. If they had prayed to see Adherbal, the request, must have been refused; to prolong the negotiations was to court further insult, and they set their faces once more for Rome after faithfully performing the important mission of repeating a message of the senate with verbal correctness. Jugurtha granted them the courtesy of not renewing his active operations until he thought that they had quitted Africa. Then, despairing of carrying the town by assault, he settled to the work of a regular siege. The nature of the ground must have made a complete investment impossible; but it also rendered it unnecessary. The cliffs and the river bed made escape as difficult as attack. On some sides it was but necessary to maintain a strenuous watch on every possible egress; on others lines of circumvallation, with ramparts and ditches, kept the beleaguered within their walls. Siege-towers were raised to mate the height of the fortifications which they threatened, and manned with garrisons to harry the town and repel all efforts of its citizens to escape. The blockade was varied by a series of surprises, of sudden assaults by day or night; no method of force or fraud was left untried; the loyalty of the defenders who appeared on the walls was assailed by threats or promises; the assailants were strenuously exhorted to effect a speedy entry.

It would seem that Cirta was ill-provided with supplies.[907] Adherbal, who had made it the basis of his attack and must have foreseen the probability of his defeat, should have seen that it was well provisioned; and the vast cisterns and granaries cut in the solid rock, that were in later times to be found within the city, should have supplied water and food sufficient to prolong the siege to a degree that might have tried the senate's patience as sorely as Jugurtha's. But neither the king nor his advisers were adepts in the art of war; it must have been difficult to regulate the distribution of provisions amidst the trading classes, of unsettled habits and mixed nationalities, that were crowded within the walls; discontent could not be restrained by discipline and might at any moment be a motive to surrender. The imprisoned king saw no prospect of a prolongation of the war that could secure even his personal safety; no help could be looked for from without and a ruthless enemy was battering at his gates. His only hope, a faint one, lay in a last appeal to Rome; but the invader's lines were drawn so close that even a chance of communicating with the protecting city seemed denied. At length, by urgent appeals to pity and to avarice, he induced two of the comrades who had joined his flight from the field of battle, to risk the venture of penetrating the enemy's lines and reaching the sea.[908] The venture, which was made by night, succeeded; the two bold messengers stole through the enclosing fortifications, rapidly made for the nearest port, and thence took ship to Rome. Within a few days they were in the presence of the senate,[909] and the despairing cry of Adherbal was being read to an assembly, to whom it could convey no new knowledge and on whom it could lay no added burden of perplexity. But emotion, although it cannot teach, may focus thought and clarify the promptings of interest. To many a loose thinker Adherbal's missive may have been the first revelation, not only of the shame, but of the possible danger of the situation. The facts were too well known to require detailed treatment. It was sufficient to remind the senate that for five months a friend and ally of the Roman people had been blockaded in his own capital; his choice was merely one between death by the sword and death by famine. Adherbal no longer asked for his kingdom; nay, he barely ventured to ask for his life; but he deprecated a death by torture—a fate that would most certainly be his if he fell into the hands of his implacable foe. The appeal to interest was interwoven with that made to pity and to honour. What were Jugurtha's ultimate motives? When he had consummated his crimes and absorbed the whole of Numidia, did he mean to remain a peaceful client-king, a faithful vassal of Rome? His fidelity and obedience might be measured by the treatment which he had already accorded to the mandate and the envoys of the senate. The power of Rome in her African possessions was at stake; and the majesty of the empire was appealed to no less than the sense of friendship, loyalty, and gratitude, as a ground for instant assistance which might yet save the suppliant from a terrible and degrading end.

The impression produced by this appeal was seen in the bolder attitude adopted by that section of the senate which had from the first regarded Jugurtha as a criminal at large, and had never approved the policy of leaving Numidia to settle its own affairs. Voices were heard advocating the immediate despatch of an army to Africa, the speedy succour of Adherbal, the consideration of an adequate punishment for the contumacy of Jugurtha in not obeying the express commands of Rome.[910] But the usual protests were heard from the other side, protests which were interpreted as a proof of the utter corruption of those who uttered them,[911] but which were doubtless veiled in the decent language, and may in some cases have been animated by the genuine spirit, of the cautious imperialist who prefers a crime to a blunder. The conflict of opinion resulted in the usual compromise. A new commission was to be despatched with a more strongly worded message from the senate; but, as rumour had apparently been busy with the adventures of the "three young men" whom Jugurtha had turned back, it was deemed advisable to select the present envoys from men whose age, birth and ample honours might give weight to a mission that was meant to avert a war.[912] The solemnity of the occasion was attested, and some feeling of assurance may have been created, by the fact that there figured amongst the commissioners no less a person than the chief of the senate Marcus Aemilius Scaurus, beyond all question the foremost man of Rome,[913] the highest embodiment of patrician dignity and astute diplomacy. The pressing appeal of Adherbal's envoys, the ugly rumours which were circulating in Rome, urged the commissioners to unwonted activity. Within three days they were on board, and after a short interval had landed at Utica in the African province. The experience of the former mission had taught them that their dignity might be utterly lost if they quitted the territory of the Roman domain. They did not deign to set foot in Numidia, but sent a message to Jugurtha informing him that they had a mandate from the senate and ordering him to come with all speed to the Roman province.

Jugurtha was for the moment torn by conflicting resolutions. The very audacity of his acts had been tempered and in part directed by a secret fear of Rome. Whether in any moments of ambitious imagination he had dreamed of throwing off the protectorate and asserting the unlimited independence of the Numidian kingdom, must remain uncertain; but in any case that consummation must belong to the end, not to the intermediate stage, of his present enterprise. His immediate plan had been to win or purchase recognition of an accomplished fact from the somnolence, caution or corruption of the government; and here was intervention assuming a more formidable shape while the fact was but half accomplished and he himself was but playing the part of the rebel, not of the king. The dignity of the commissioners, and the peremptory nature of their demand, seemed to show that negotiations with Rome were losing their character of a conventional game and assuming a more serious aspect. It is possible that Jugurtha did not know the full extent of the danger which he was running; it is possible that, like so many other potentates who had relations with the imperial city, he made the mistake of imagining that the senate was in the fullest sense the government of Rome, and had no cognisance of the subtle forces whose equilibrium was expressed in a formal control by the nobility; but even what he saw was sufficient to alarm him and to lead him, in a moment of panic or prudence, to think of the possibility of obeying the commission. At the next moment the new man, which the deliberate but almost frenzied pursuit of a single object had made of Jugurtha, was fully reasserted.[914] But his passion was not blind; his recklessness still veiled a plan; his one absorbing desire was to see Adherbal in his hands before he should himself be forced to meet the envoys. He gave orders for his whole force to encircle the walls of Cirta; a simultaneous assault was directed against every vulnerable point; the attention of the defenders was to be distracted by the ubiquitous nature of the attack; a failure of vigilance at any point might give him the desired entry by force or fraud. But nothing came of the enterprise; the assailants were beaten back, and Jugurtha had another moment for cool reflection. He soon decided that further delay would not strengthen his position. The name of Scaurus weighed heavily on his mind.[915] He was an untried element with respect to the details of the Numidian affair; but all that Jugurtha knew of him—his influence with the senate, his uncompromising respectability, his earlier attitude on the question—inspired a feeling of fear. Obedience to the demand which the commissioners had made for his presence might be the wiser course; whatever the result of the interview, such obedience might prolong the period of negotiation and delay armed intervention until his own great object was fulfilled. With a few of his knights Jugurtha crossed into the Roman province and presented himself before the commissioners. We have no record of the discussion which ensued. The senate's message was almost an ultimatum; it threatened extreme measures if Jugurtha did not desist from the siege of Cirta; but the peremptory nature of the missive did not prevent close and lengthy discussions between the envoys and the king. The plausible personality of Jugurtha may have told in his favour and may have led to the hopes of a compromise; for it is not probable that he ventured on a summary rejection of their orders or advice. But the commissioners could merely threaten or advise; they had no power to wring promises from the king or to keep him to them when they were made. Thus when, at the close of the debates, Jugurtha returned to Numidia and the envoys embarked at Utica, it was felt on all sides that nothing had been accomplished.[916] The commissioners may have believed that they had made Jugurtha sensible of his true relations to Rome; they had perhaps threatened open war as the result of disobedience; but they had neither checked his progress nor stayed his hand; and the taint with which all dealings with the wealthy potentate infected his environment, clung even to this select body of distinguished men.

The immediate effect of the fruitless negotiations was the disaster which every one must have foreseen. Cirta and her king had been utterly betrayed by their protectress; and when the news of the departure of the envoys and the return of Jugurtha penetrated within the walls, despair of further resistance gave substance to the hope of the possibility of surrender on tolerable terms. The hope was never present to the mind of Adherbal; he knew his enemy too well. Nor could it have been entertained in a very lively form by the king's Numidian councillors and subjects. But the Numidian was not the strongest element in Cirta. There the merchant class held sway. In the defence of their property and commerce, the organised business and the homes which they had established in the civilised state, they had taken the lead in repelling the hordes of Western Numidians which Jugurtha led; and amongst the merchant class those of Italian race had been the most active and efficient in repelling the assaults of the besiegers. To these men the choice was not between famine and the sword; but merely between famine and the loss of property or comfort. For what Roman or Italian could doubt that the most perfect security for his life and person was still implicit in the magic name of Rome? Confident in their safety they advised Adherbal to hand over the town to Jugurtha; the only condition which he needed to make was the preservation of his own life and that of the besieged; all else was of less importance, for their future fortunes rested not with Jugurtha but with the senate.[917] It is questionable whether the Italians were really inspired with this blind confidence in the senate's power to restore as well as to save; even their ability to save was more than doubtful to Adherbal; still more worthless was a promise made by his enemy. The unhappy king would have preferred the most desperate resistance to a trust in Jugurtha's honour; but the advice of the Italians was equivalent to a command; and a gleam of hope, sufficient at least to prevent him from taking his own life, may have buoyed him up when he yielded to their wishes and made the formal surrender. The hope, if it existed, was immediately dispelled. Adherbal was put to death with cruel tortures.[918] The Italians then had their proof of the present value of the majesty of the name of Rome. Their calculations had been vitiated by one fatal blunder. They forgot that they were letting into their stronghold an exasperated people drawn from the rudest parts of Numidia—a people to whom the name of Rome was as nothing, to whom the name of merchant or foreigner was contemptible and hateful. As the surging crowd of Jugurtha's soldiery swept over the doomed city, massacring every Numidian of adult age, the claim of nationality made by the protesting merchants was not unnaturally met by a thrust from the sword. If even the assailants could distinguish them in the frenzy of victory, they knew them for men who had occupied the fighting line; and this fact was alone sufficient to doom them to destruction. Jugurtha may also have made his blunder. Unless we suppose that his penetrating mind had been, suddenly clouded by the senseless rage which prompts the half-savage man to a momentary act of demoniacal folly, he could never have willed the slaughter of the Roman and Italian merchants.[919] If he willed it in cold blood, he was consciously making war on Rome and declaring the independence of Numidia. For, even with his limited knowledge of the balance of interests in the capital, he must have seen that the act was inexpiable. His true policy, now as before, was not to cross swords with Rome, but merely to wring from her indifference a recognition of a purely national crime. His wits had failed him if he had ordered a deed which put indifference and recognition out of the question. It is probable that he did not calculate on the fury of his troops; it is possible that he had ceased to lead and was a mere unit swept along in the avalanche which sated its wrath at the prolonged resistance, and avenged the real or fancied crimes committed by the merchant class.

The massacre of the merchants caused a complete change in the attitude with which Numidian events were viewed at Rome. It cut the commercial classes to the quick, and this third party which moulded the policy of Rome began closing up its ranks. The balance of power on which the nobility had rested its presidency since the fall of Caius Gracchus, began to be disturbed. It was possible again for a leader of the people to make his voice heard; not, however, because he was the leader of the people, but because he was the head of a coalition. The man of the hour was Caius Memmius, who was tribune elect for the following year. He was an orator, vehement rather than eloquent, of a mordant utterance, and famed in the courts for his power of attack.[920] His critical temperament and keen eye for abuses had already led him to join the sparse ranks of politicians who tried still to keep alive the healthy flame of discontent, and to utter an occasional protest against the manner in which the nobility exercised their trust.[921] His influence must have been increased by the growing suspicion of the last few years and the scandal that fed on tales of bribery in high places; it was assured by the latest news which, through the illogical process of reasoning out of which great causes grow, seemed to make rumour a certainty and to justify suspicion by the increased numbers and respectability of the suspecting. A pretext for action was found in the shifty and dilatory proceedings of the senate. Even the latest phase of the Numidian affair was not powerful or horrible enough to crush all attempts at a temporising policy.[922] Men were still found to interrupt the course of a debate which promised to issue in some strong and speedy resolution, by raising counter-motions which the great names of the movers forced on the attention of the house; every artifice which influence could command was employed to dull the pain of a wounded self-respect; and when this method failed, idle recrimination took the place of argument as a means of consuming the time for action and passing the point at which anger would have cooled into indifference, or at least into an emotion not stronger than regret. It was plain that the stimulus must be supplied from without; and Memmius provided it by going straight to the people and embodying their floating suspicions in a bald and uncompromising form. He told them[923] that the prolonged proceedings in the senate meant simply that the crime of Jugurtha was likely to be condoned through the influence of a few ardent partisans of the king; and it is probable that he dealt frankly and in the true Roman manner with the motives for this partisanship. The pressure was effectual in bringing to a head the deliberations of the senate. The council as a whole did not need conversion on the main question at issue, for most of its members must have felt that it had exhausted the resources of peaceful diplomacy, and it showed its characteristic aversion to the provocation of a constitutional crisis, which might easily arise if the people chose to declare war on the motion of a magistrate without waiting for the advice of the fathers; while the obstructive minority may have been alarmed by the distant vision of a trial before the Assembly or before a commission of inquiry composed of judges taken from the angry Equites. The senate took the lead in a formal declaration of war; Numidia was named as one of the provinces which were to be assigned to the future consuls in accordance with the provisions of the Sempronian law. The choice of the people fell on Publius Scipio Nasica and Lucius Calpurnius Bestia as consuls for the following year.[924] The lot assigned the home government and the guardianship of Italy to Nasica, while Bestia gained the command in the impending war. Military preparations were pushed on with all haste; an army was levied for service in Africa; pay and supplies were voted on an adequate scale.

The news is said to have surprised Jugurtha.[925] Perhaps earlier messages of a more cheerful import had reached him from Rome during the days when successful obstruction seemed to be achieving its end, and had dulled the fears which the massacre of Cirta most have aroused even in a mind so familiar with the acquiescent policy of the senate. Yet even now he did not lose heart, nor did his courage take the form, prevalent amongst the lower types of mind, of a mere reliance on brute force, on the resources of that Numidia of which he was now the undisputed lord. With a persistence born of successful experience he still attempted the methods of diplomacy-methods which prove a lack of insight only in the sense that Rome was an impossible sphere for their present exercise. The king had not gauged the situation in the capital; but subsequent events proved that he still possessed a correct estimate of the real inclinations of the men who were chiefly responsible for Roman policy. The Numidian envoy was no less a person than the king's own son, and he was supported by two trusty counsellors of Jugurtha.[926] As was usual in the case of a diplomatic mission arriving from a country which had no treaty relations, or was actually in a state of war, with Rome, the envoys were not permitted to pass the gates until the will of the senate was known. An excellent opportunity was given for proving the conversion of the senate. When the consul Bestia put the question "Is it the pleasure of the house that the envoys of Jugurtha be received within the walls?" the firm answer was returned that "Unless these envoys had come to surrender Numidia and its king to the absolute discretion of the Roman people, they must cross the borders of Italy within ten days".[927] The consul had this message conveyed to the prince, and he and his colleagues returned from their fruitless mission.

Bestia meanwhile was consumed with military zeal. His army was ready, his staff was chosen, and he was evidently bent on an earnest prosecution of the war. He was in many respects as fit a man as could have been selected for the task. His powers of physical endurance and the vigour of his intellect had already been tested in war; he possessed the resolution and the foresight of a true general. But the canker of the age was supposed to have infected Bestia and neutralised his splendid qualities.[928] The proof that he allowed greed to dominate his public conduct is indeed lacking; but he would have departed widely from the spirit of his time if he had allowed no thought of private gain to add its quota to the joy of the soldier who finds himself for the first time in the untrammelled conduct of a war. To the commanders of the age foreign service was as a matter of course a source of profit as well as a sphere of duty or of glory. To Bestia it was also to be a sphere for diplomacy; and diplomacy and profit present an awkward combination, which gives room for much misinterpretation. Although the war was in some sense a concession to outside influences, the consul did not represent the spirit to which the senate had yielded. Nine years earlier he had served the cause of the nobility by effecting the recall of Popillius from exile, and was now a member of that inner circle of the government whose cautious manipulation of foreign affairs was veiled in a secrecy which might easily rouse the suspicion, because it did not appeal to the intelligence, of the masses. How vital a part diplomacy was to play in the coming war, was shown by Bestia's selection of his staff. It was practically a committee of the inner ring of governing nobles,[929] and the importance attached to the purely political aspect of the African war was proved by the fact that Scaurus himself deigned to occupy a position amongst the legates of the commander. It was a difficult task which Bestia and his assistants had to perform. They were to carry out the mandate of the people and pursue Jugurtha as a criminal; they were to follow out their own conviction as to the best means of saving Rome from a prolonged and burdensome war with a whole nation-a conviction which might, force them to recognise Jugurtha as a king. To avenge honour and at the same time to secure peace was, in the present condition of the public mind, an almost impossible task. Its gravity was increased by the fact that, through the method of selection employed for composing the general's council, a certain section of the nobility, already marked out for suspicion, would be held wholly responsible for its failure. It was a gravity that was probably undervalued by the leaders of the expedition, who could scarcely have looked forward to the day when it might be said that Bestia had selected his legates with a view of hiding the misdeeds which, he meant to commit under the authority of their names.[930]

When the time for departure had arrived, the legions were marched through Italy to Rhegium, were shipped thence to Sicily and from Sicily were transferred to the African province. This was to be Bestia's basis of operations; and when he had gathered adequate supplies and organised his lines of communication, he entered Numidia. His march was from a superficial point of view a complete success; large numbers of prisoners were taken and several cities were carried by assault.[931] But the nature of the war in hand was soon made painfully manifest. It was a war with a nation, not a mere hunting expedition for the purpose of tracking down Jugurtha. The latter object could be successfully accomplished only if some assistance were secured from friendly portions of Numidia or from neighbouring powers. But there was no friendly portion of Numidia. The mercantile class had been wiped out, and though the Romans seem to have regained possession of Cirta at an early period of the war,[932] it is not likely that it ever resumed the industrial life, which might have supplied money and provisions, if not men; while the position of the town rendered it useless as a basis of operations for expeditions into that western portion of Numidia, from which the chief military strength of Jugurtha was drawn. In these regions a possible ally was to be found in Bocchus King of Mauretania; but his recent overtures to Rome had been deliberately rejected by the senate. Nothing but the name of this great King of the Moors, who ruled over the territory stretching from the Muluccha to Tingis, had hitherto been known to the Roman people; even the proximity of a portion of his kingdom to the coast of Spain had brought him into no relations, either friendly or hostile, to the imperial government.[933]

Bocchus had secured peace with his eastern neighbour by giving his daughter in marriage to Jugurtha; but he never allowed this family connection to disturb his ideas of political convenience and, as soon as he heard that war had been declared against Jugurtha, he sent an embassy to Rome praying for a treaty with the Roman people and a recognition as one of the friends of the Republic.[934] This conduct may have been due to the belief that a victory of the Romans over Jugurtha would entail the destruction of the Numidian monarchy and the reduction of at least a portion of the territory to the condition of a province. In this case Mauretania would itself be the frontier kingdom, playing the part now taken by Numidia; and Bocchus may have wished to have some claim on Rome before his eastern frontier was bordered, as his northern was commanded, by a Roman province. He may even have hoped to benefit by the spoils of war, as Masinissa had once benefited by those which fell from Syphax and from Carthage, and to increase his territories at the expense of his son-in-law. There can be no better proof of the real intentions of the government as regards Numidia, even after war had been declared, than the senate's rejection of the offer made by Bocchus. His aid would be invaluable from a strategic point of view, if the aim of the expedition were to make Numidia a province or even to crush Jugurtha. But the most constant maxim of senatorial policy was to avoid an extension of the frontiers, and this principle was accompanied by a strong objection to enter into close relations with any power that was not a frontier state. Such relations might involve awkward obligations, and were inconsistent with the policy which devolved the whole obligation for frontier defence and frontier relations on a friendly client prince. Whether the maintenance of the traditional scheme of administration in Africa demanded the renewed recognition of Jugurtha as King of Numidia, was a subordinate question; its answer depended entirely on the possibility of the Numidians being induced to accept any other monarch.

It must have required but a brief experience of the war to convince Bestia and his council that a Numidian kingdom without the recognition of Jugurtha as king was almost unthinkable, unless Rome was prepared to enter on an arduous and harassing war for the piecemeal conquest of the land or (a task equally difficult) for the purpose of securing the person of an elusive monarch, who could take every advantage of the natural difficulties of his country and could find a refuge and ready assistance in every part of his dominions. The tentative approaches of Jugurtha, who negotiated while he fought, were therefore admitted both by the consul and by Scaurus, who inevitably dominated the diplomatic relations of the war. That Jugurtha sent money as well as proposals at the hands of his envoys, was a fact subsequently approved by a Roman court of law, and deserves such credence as can be attached to a verdict which was the final phase of a political agitation. That Bestia was blinded by avarice and lost all sense of his own and his country's honour, that Scaurus's sense of respectability and distrust of Jugurtha went down before the golden promises of the king,[935] were beliefs widely held, and perhaps universally, professed, by the democrats who were soon thundering at the doors of the Curia—by men, that is, who did not understand, or whose policy led them to profess misunderstanding of, the problem in statecraft, as dishonouring in some of its aspects as such problems usually are, which was being faced by a general and a statesman who were pursuing a narrow and traditional but very intelligible line of policy. The policy was indeed sufficiently ugly even had there been no suspicion of personal corruption; its ugliness could be tested by the fact that even the sanguine and cynical Jugurtha could hardly credit the extent of the good fortune revealed to him by the progress of the negotiations. At first his diplomatic manoeuvres had been adopted simply as a means of staying the progress of hostilities, of gaining a breathing space while he renewed his efforts at influencing opinion in the imperial city. But when he saw that the very agents of war were willing to be missionaries of peace, that the avengers sent out by an injured people were ready for conciliation before they had inflicted punishment, he concentrated his efforts on an immediate settlement of the question.[936] It was necessary for the enemy of the Roman people to pass through a preliminary stage of humiliation before he could be recognised as a friend; it was all the more imperative in this case since a number of angry people in Rome were clamouring for Jugurtha's punishment. It was also necessary to arrange a plan by which the humiliation might be effected with the least inconvenience to both parties. An armistice had already been declared as a necessary preliminary to effective negotiations for a surrender. This condition of peace rendered it possible for Jugurtha to be interviewed in person by a responsible representative of the consul.[937] Both the king and the consul were in close touch with one another near the north-western part of the Roman province, and Jugurtha was actually in possession of Vaga, a town only sixty miles south-west of Utica. The town, in spite of its geographical position, was an appanage[938] of the Numidian kingdom, and the pretext under which Bestia sent his quaestor to the spot, was the acceptance of a supply of corn which had been demanded of the king as a condition of the truce granted by the consul. The presence of the quaestor at Vaga was really meant as a guarantee of good faith, and perhaps he was regarded as a hostage for the personal security of Jugurtha.[939] Shortly afterwards the king rode into the Roman camp and was introduced to the consul and his council. He said a few words in extenuation of the hostile feeling with which his recent course of action had been received at Rome, and after this brief apology asked that his surrender should be accepted. The conditions, it appeared, were not for the full council; they were for the private ear of Bestia and Scauras alone.[940] With these Jugurtha was soon closeted, and the final programme was definitely arranged, On the following day the king appeared again before the council of war; the consul pretended to take the opinion of his advisers, but no clear issue for debate could possibly be put before the board; for the gist of the whole proceedings, the recognition of the right of Jugurtha to retain Numidia, was the result of a secret understanding, not of a definite admission that could be blazoned to the world. There was some formal and desultory discussion, opinions on the question of surrender were elicited without any differentiation of the many issues that it might involve, and the consul was able to announce in the end that his council sanctioned the acceptance of Jugurtha's submission.[941] The council, however, had deemed it necessary that some visible proof, however slight, should be given that a surrender had been effected; for it was necessary to convey to the minds of critics at home the impression that some material advantage had been won and that Jugurtha had been humiliated. With this object in view the king was required to hand over something to the Roman authorities. He kept his army, but solemnly transferred thirty elephants, some large droves of cattle and horses, and a small sum of money—the possessions, presumably, which he had ready at hand in his city of Vaga—to the custody of the quaestor of the Roman army.[942] The year meanwhile was drawing to a close, and the consul, now that peace had been restored, quitted his province for Rome to preside at the magisterial elections.[943] The army still remained in the Roman province or in Numidia, but the cessation of hostilities reduced it to a state of inaction which augured ill for its future discipline should it again be called upon to serve.

The agreement itself must have seemed to its authors a triumph of diplomacy. They had secured peace with but an inconsiderable loss of honour; they had saved Rome from a long, difficult and costly war, whilst a modicum of punishment might with some ingenuity be held to have been inflicted on Jugurtha. They must have been astounded by the chorus of execration with which the news of the compact was received at Rome.[944] Nor indeed can any single reason, adequate in itself and without reference to others, be assigned for this feeling of hostility. First, there was the idle gossip of the public places and the clubs—gossip which, in the unhealthy atmosphere of the time, loved to unveil the interested motives which were supposed to underlie the public actions of all men of mark, and which exhibited moderation to an enemy as the crowning proof of its suspicions. Secondly there was the feeling that had been stirred in the proletariate at Rome. The question of Jugurtha, little as they understood its merits, was still to them the great question of the hour, a matter of absorbing interest and expectation. Their feelings had been harrowed by the story of his cruelties, their fears excited by rumours of his power and intentions. They had roused the senate from its lethargy and forced that illustrious body to pursue the great criminal; they had seen a great army quitting the gates of Rome to execute the work of justice; their relatives and friends had been subjected to the irksome duties of the conscription. Everywhere there had been a fervid blaze of patriotism, and this blaze had now ended in the thinnest curl of smoke. But to the masses the imagined shame of the Jugurthine War had now become but a single count in an indictment. The origin of the movement was now but its stimulus; as is the case with most of such popular awakenings, the agitation was now of a wholly illimitable character. The one vivid element in its composition was the memory of the recent past. It was easy to arouse the train of thought that centred round the two Gracchan movements and the terrible moments of their catastrophe. The new movement against the senate was in fact but the old movement in another form. The senate had betrayed the interests of the people; now it was betraying the interests of the empire; but to imagine that the form of the indictment as it appealed to the popular mind was even so definite as this, is to credit the average mind with a power of analysis which it does not, and probably would not wish to, possess. It is less easy to gauge the attitude of the commercial classes in this crisis. Their indignation at the impunity given to Jugurtha after the massacre of the merchants at Cirta is easily understood; but with this class sentiment was wont to be outweighed by considerations of interest, and the preservation of peace in Numidia, and consequently of facilities for trade, must have been the end which they most desired. But perhaps they felt that the only peace which would serve their purposes was one based on a full reassertion of Roman prestige, and perhaps they knew that Jugurtha, the reawakener of the national spirit of the Numidians, would show no friendship to the foreign trader. They must also have seen that, whatever the prospects of the mercantile class under Jugurtha's rule might be, the convention just concluded could not be lasting. Their own previous action had determined its transitory character. By their support of the agitation awakened by Memmius they had created a condition of feeling which could not rest satisfied with the present suspected compromise. But if satisfaction was impossible, a continuance of the war was inevitable. They had before them the prospect of continued unsettlement and insecurity in a fruitful sphere of profit; and they intended to support the present agitation by their influence in the Comitia and, if necessary, by their verdicts in the courts, until a strong policy had been asserted and a decisive settlement attained.

Even before the storm of criticism had again gathered strength, there was great anxiety in the senate over the recent action in Numidia. That body could doubtless read between the lines and see the real motives of policy which had led up to the present compact; they could see that the agreement was a compromise between the views of two opposing sections of their own house; and they must have approved of it in their hearts in so far as it expressed the characteristic objection of the senate as a whole to imperil the security of their imperial system, perhaps even to expose the frontiers of their northern possessions now threatened by barbarian hordes, through undertaking an unnecessary war in a southern protectorate. But none the less they saw clearly the invidious elements in the recent stroke of diplomacy, the combination of inconsistency and dishonesty exhibited in the comparison between the magnificent preparations and the futile result—a result which, as interpreted by the ordinary mind, made its authors seem corrupt and the senate look ridiculous. Their anxiety was increased by the fact that an immediate decision on their part was imperative. Were they to sanction what had been done, or to refuse to ratify the decision of the consul?[945]

The latter was of itself an extreme step, but it was rendered still more difficult by the fact that every one knew that Bestia would never have ventured on such a course had he not possessed the support of Scaurus.[946] To frame a decision which must be interpreted to mean a vote of lack of confidence in Scaurus, was to unseat the head of the administration, to abandon their ablest champion, perhaps to invite the successful attacks of the leaders of the other camp who were lying in wait for the first false step of the powerful and crafty organiser. Again, as in the discussion which had followed the fall of Cirta, the debates in the senate dragged on and there was a prospect of the question being indefinitely shelved—a result which, when the popular agitation had cooled, would have meant the acceptance of the existing state of things. Again the stimulus to greater rapidity of decision was supplied by Memmius. The leader of the agitation was now invested with the tribunate, and his position gave him the opportunity of unfettered intercourse with the people. His Contiones were the feature of the day,[947] and these popular addresses culminated in the exhortation which he addressed to the crowd after the return of the unhappy Bestia. His speech[948] shows Memmius to be both the product and the author of the general character which had now been assumed by this long continued agitation on a special point. The golden opportunity had been gained of emphasising anew the fundamental differences of interest between the nobility and the people, of reviewing the conduct of the governing class in its continuous development during the last twenty years,[949] of pointing out the miserable consequences of uncontrolled power, irresponsibility and impunity. For the purpose of investing an address with the dignity and authority which spring from distant historical allusion, of brightening the prosaic present with something of the glamour of the half-mythical past, even of flattering his auditors with the suggestion that they were the descendants and heirs of the men who had seceded to the Aventine, it was necessary for a popular orator to touch on the great epoch of the struggle between the orders. But Memmius, while satisfying the conditions of his art by the introduction of the subject, uses it only to point the contrast between the epoch when liberty had been won and that wherein it had been lost, or to illustrate the uselessness of such heroic methods as the old secessions as weapons against a nobility such as the present which was rushing headlong to its own destruction. More important was the memory of those recent years which had seen the life of the people and of their champions become the plaything of a narrow oligarchy. The judicial murders that had followed the overthrow of the Gracchi, the spirit of abject patience with which they had been accepted and endured, were the symbol of the absolute impunity of the oligarchy, the source of their knowledge that they might use their power as they pleased. And how had they used it? A general category of their crimes would be misleading; it was possible to exhibit an ascending scale of guilt. They had always preyed on the commonwealth; but their earlier depredations might be borne in silence. Their earlier victims had been the allies and dependants of Rome; they had drawn revenues from kings and free peoples, they had pillaged the public treasury. But they had not yet begun to put up for sale the security of the empire and of Rome itself. Now this last and monstrous stage had been reached. The authority of the senate, the power which the people had delegated to its magistrate, had been betrayed to the most dangerous of foes; not satisfied with treating the allies of Rome as her enemies, the nobility were now treating her enemies as allies.[950] And what was the secret of the uncontrolled power, the shameless indifference to opinion that made such misdeeds possible? It was to be found partly in the tolerance of the people—a tolerance which was the result of the imposture which made ill-gained objects of plunder—consulships, priesthoods, triumphs—seem the proof of merit. But it was to be found chiefly in the fact that co-operation in crime had been raised to the dignity of a system which made for the security of the criminal. The solidarity of the nobility, its very detachment from the popular interest, was its main source of strength. It had ceased even to be a party; it had become a clique—a mere faction whose community of hope, interest and fear had given it its present position of overweening strength.[951] This strength, which sprang from perfect unity of design and action, could only be met and broken successfully by a people fired with a common enthusiasm. But what form should this enthusiasm assume? Should an adviser of the people advocate a violent resumption of its rights, the employment of force to punish the men who have betrayed their country? No! Acts of violence might indeed be the fitting reward for their conduct, but they are unworthy instruments for the just vengeance of an outraged people. All that we demand is full inquiry and publicity. The secrets of the recent negotiations shall be probed. Jugurtha himself shall be the witness. If he has surrendered to the Roman people, as we are told, he will immediately obey your orders; if he despises your commands, you will have an opportunity of knowing the true nature of that peace and that submission which have brought to Jugurtha impunity for his crimes, to a narrow ring of oligarchs a large increase in their wealth, to the state a legacy of loss and shame.

It was on this happily constructed dilemma that Memmius acted when he brought his positive proposal before the people. It was to the effect that the praetor Lucius Cassius Longinus should be sent to Jugurtha and bring him to Rome on the faith of a safe conduct granted by the State; Jugurtha's revelations were to be the key by which the secret chamber of the recent negotiations was to be unlocked, with the desired hope of convicting Scaurus and all others whose contact with the Numidian king, whether in the late or in past transactions,[952] had suggested their corruption. The object of this mission had been rapidly regaining the complete control of Numidia, which had been momentarily shaken by the Roman invasion. The presence of the Roman army, some portion of which was still quartered in a part of his dominions, was no check on his activity; for the absence of the commander, the incapacity and dishonesty of the delegates whom he had left in his place, and the demoralising indolence of the rank and file, had reduced the forces to a condition lower than that of mere ineffectiveness or lack of discipline. The desire of making a profit out of the situation pervaded every grade. The elephants which had been handed over by Jugurtha, were mysteriously restored; Numidians who had espoused the cause of Rome and deserted from the army of the king—loyalists whom, whatever their motives and character, Rome was bound to protect—were handed back to the king in exchange for a price;[953] districts already pacified were plundered by desultory bands of soldiers. The Roman power in Numidia was completely broken when Cassius arrived and revealed his mission to the king. The strange request would have alarmed a timid or ignorant ruler; Jugurtha himself wavered for a moment as to whether he should put himself unreservedly into the power of a hostile people; but he had sufficient imagination and familiarity with Roman life to realise that the principles of international honour that prevailed amongst despotic monarchies were not those of the great Republic even at its present stage, and he professed himself encouraged by the words of the amiable praetor that "since he had thrown himself on the mercy of the Roman people, he would do better to appeal to their pity than to challenge their might".[954] His guide added his own word of honour to that of the Republic, and such was the repute of Cassius that this assurance helped to remove the momentary scruples of the king. Once he was assured of personal safety, Jugurtha's visit to Rome became merely a matter of policy, and his rapid mind must have surveyed every issue depending on his acceptance or refusal before he committed himself to so doubtful a step. His real plan of action is unfortunately unknown; for we possess but the barest outline of these incidents, and we have no information on the really vital point whether communications had reached him from his supporters in the capital, which enabled him to predict the course events would take if he obeyed the summons of Cassius. Had such communications reached him, he might have known that the projected investigation would be nugatory. But a failure in the purpose for which he was summoned could convey no benefit to Jugurtha or his supporters; it would simply incense the people and place both the king, and his friends amongst the nobility, in a worse position than before. The course of action, by turns sullen, shifty and impudent, which he pursued at Rome, must have been due to the exigencies of the moment and the frantic promptings of his frightened friends; for it could scarcely have appealed to a calculating mind as a procedure likely to lead to fruitful results. Its certain issue was war; but war could be had without the trouble of a journey to Rome. He had but to stay where he was and decline the people's request, and this policy of passive resistance would have the further merit of saving his dignity as a king. It may seem strange that he never adopted the bold but simple plan of standing up in Rome and telling the whole truth, or at least such portions of the truth as might have satisfied the people. It was a course of action that might have secured him his crown. Doubtless if his transactions with Roman officials had been innocent, the truth, if he adhered to it, might not have been believed; but, if his evidence was damning, the people might well have been turned from the insignificant question "Who was to be King of Numidia?" to the supreme task of punishing the traitors whom he denounced. But we have no right to read Jugurtha's character by the light of the single motive of a self-interest which knew no scruples. He may have had his own ideas of honour and of the protection due to a benefactor or a trusty agent. Self-interest too might in this matter come to the aid of sentiment; for it was at least possible that the popular storm might spend its fury and leave the nobility still holding their ground. So far as we with our imperfect knowledge can discern, Jugurtha could have had no definite plan of action when he consented to take the journey to Rome. But he had abundant prospects, if even he possessed no plan. His presence in the capital was a decided advantage, in so far as it enabled him to confer with his leading supporters, and to attend to a matter affecting his dynastic interests which we shall soon find arousing the destructive energy which was becoming habitual to his jealous and impatient mind.

When Jugurtha appeared in Rome under the guidance of Cassius, he had laid aside all the emblems of sovereignty and assumed the sordid garb that befitted a suppliant for the mercy of the sovereign people.[955] He seemed to have come, not as a witness for the prosecution, but as a suspected criminal who appeared in his own defence. He was still keeping up the part of one whom the fortune of war had thrown absolutely into the power of the conquering state—a part perhaps suggested by the friendly Cassius, but one that was perfectly in harmony with the pretensions of Bestia and Scaurus. But the heart beneath that miserable dress beat high with hope, and he was soon cheered by messages from the circle of his friends at Rome and apprised of the means which had been taken to baffle the threatened investigation,[956] The senate had, as usual, a tribune at its service. Caius Baebius was the name of the man who was willing to play the part, so familiar to the practice of the constitution, of supporter of the government against undue encroachments on its power and dignity, or against over-hasty action by the leaders of the people. The government undoubtedly had a case. It was contrary to all accepted notions of order and decency that a protected king should be used as a political instrument by a turbulent tribune. Memmius had impeached no one and had given no notice of a public trial; yet he intended to bring Jugurtha before a gathering of the rabble and ask him to blacken the names of the foremost men in Rome. It was exceedingly probable that the grotesque proceeding would lead to a breach of the peace; the sooner it was stopped, the better; and, although it was unfortunately impossible to prevent Memmius from initiating the drama by bringing forward his protagonist, the law had luckily provided means for ending the performance before the climax had been reached. It was believed that the sound constitutional views of Baebius were strengthened by a great price paid by Jugurtha,[957] and, if we care to believe one more of those charges of corruption, the multitude of which had not palled even on the easily wearied mind of the lively Roman, it is possible to imagine that the implicated members of the senate, in whose interest far more than in that of Jugurtha Baebius was acting, had persuaded the king that it was to his advantage to make the gift.

The eagerly awaited day arrived, on which the scandal-loving ears of the people were to be filled to the full with the iniquities of their rulers, on which their long-cherished suspicions should be changed to a pleasantly anticipated certainty. Memmius summoned his Contio and produced the king. Even the suppliant garb of Jugurtha did not save him from a howl of execration. From the tribunal, to which he had been led by the tribune, he looked over a sea of angry faces and threatening hands, while his ears were deafened by the roar of fierce voices, some crying that he should be put in bonds, others that he should suffer the death of the traitor if he failed to reveal the partners of his crimes.[958] Memmius, anxious for the dignity of his unusual proceedings which were being marred by this frantic outburst, used all his efforts to secure order and a patient hearing, and succeeded at length in imposing silence on the crowd—a silence which perhaps marked that psychological moment when pent up feeling had found its full expression and passion had given way to curiosity. The tribune also vehemently asserted his intention of preserving inviolate the safe conduct which had been granted by the State. He then led the king forward[959] and began a recital of the catalogue of his deeds. He spared him nothing; his criminal activity at Rome and in Numidia, his outrages on his family—the whole history of that career, as it continued to live in the minds of democrats, was fully rehearsed. He concluded the story, which he assumed to be true, by a request for the important details of which full confirmation was lacking. "Although the Roman people understood by whose assistance and ministry all this had been done, yet they wished to have their suspicions finally attested by the king. If he revealed the truth, he could repose abundant hope on the honour and clemency of the Roman people; if he refused to speak, he would not help the partners of his guilt, but his silence would ruin both himself and his future." Memmius ceased and asked the king for a reply; Baebius stepped forward and ordered the king to be silent.[960] The voice of Jugurtha could legally find utterance only through the will of the magistrate who commanded; it was stifled by the prohibition of the colleague who forbade. The people were in the presence of one of those galling restraints on their own liberty to which the jealousy of the magistracy, expressed in the constitutional creations of their ancestors, so often led. Baebius was immediately subjected to the terrorism which Octavius, his forerunner in tribunician constancy, had once withstood. The frantic mob scowled, shouted, made rushes for the tribunal, and used every effort short of personal assault which anger could suggest, to break the spirit of the man who balked their will. But the resolution—or, as his enemies said, the shamelessness[961]—of Baebius prevailed. The multitude, tricked of its hopes, melted from the Forum in gloomy discontent. It is said that the hopes of Bestia and his friends rose high.[962] Perhaps they had lived too long in security to realise the danger threatened by a disappointed crowd that might meet to better purpose some future day; that had gained from the insulting scene itself an embittered confirmation of its views, with none of the softening influence which springs from a curiosity completely satiated; that, as an assembly of the sovereign people, might at any moment avenge the latest outrage which had been inflicted on its dignity.

Jugurtha had, perhaps through no fault of his own, sorely tried the patience of the people on the one occasion on which, as a professed suppliant, he had come into contact with his sovereign. He was now, on his own initiative, to try it yet further, and to test it in a manner which aroused the horror and resentment of many who did not share the views of Memmius. The king was not the only representative of Masinissa's house at present to be found in Rome. There resided in the city, as a fugitive from his power, his cousin Massiva, son of Gulussa and grandson of Masinissa. It is not known why this scion of the royal house had been passed over in the regulation of the succession, although it is easily intelligible that Micipsa, with two sons of his own, might not have wished to increase the number of co-regents of Numidia by recognising his brother's heirs, and would not have done so had he not been forced by circumstances to adopt Jugurtha. During the early struggles between the three kings, Massiva had attached himself to the party of Hiempsal and Adherbal, and had thus incurred Jugurtha's enmity; but he had continued to live in Numidia as long as there was any hope of the continuance of the dual kingship. The fall of Cirta and the death of Adherbal had forced him to find a refuge at Rome, where he continued to reside in peace until fate suddenly made him a pawn in the political game. At last there had arisen a definite section amongst the nobility which found it to its interest to offer an active opposition to Jugurtha's claims. The consuls who succeeded Bestia and Nasica, were Spurius Albinus and Quintus Minucius Rufus. The latter had won the province of Macedonia and the protection of the north-eastern frontier; to the former had fallen Numidia and the conduct of affairs in Africa. The fact that the senate had declared Numidia a consular province before the close of the previous year, was the ostensible proof that they had yielded to the pressure applied by Memmius and nominally at least repudiated the pacification effected by Bestia and Scaurus. But the rejection of this arrangement seems never to have been officially declared; there was still a chance of the recognition of Jugurtha's claims, and of the governor of Numidia being assigned the inglorious function of seeing to the restoration of the king and then evacuating his territory. Such a modest role did not at all harmonise with the views of Albinus. He wished a real command and a genuine war; but it was not easy to wage such a war as long as Jugurtha was the only candidate in the field. Even if his surrender were regarded as fictitious and the war were resumed on that ground, it was difficult to assign it an ultimate object, since the senate had no intention of making Numidia a province. But the object which would make the war a living reality could be secured, if a pretender were put forward for the Numidian crown; and such a pretender Albinus sought in the scion of Masinissa's race now resident in Rome, whose birth gave him a better hereditary claim than Jugurtha himself. The consul approached Massiva and urged him to make a case out of the odium excited and the fears inspired by Jugurtha's crimes, and to approach the senate with a request for the kingdom of Numidia.[963] The prince caught at the suggestion, the petition was prepared, and this new and unexpected movement began to make itself felt. Jugurtha's fear and anger were increased by the sudden discovery that his friends at Rome were almost powerless to help him. They could not parade a question of principle when it came to persons; a kingdom in Numidia was more easily defended than its king; every act of assistance which they rendered plunged them deeper in the mire of suspicion; it was a time to walk warily, for those who had no judge in their own conscience found one in the keen scrutiny of a hostile world. But the danger was too great to permit Jugurtha to relax his efforts through the failure of his friends. He appealed to his own resources, which consisted of the passive obedience of his immediate attendants and the power of his purse. To Bomilcar his most trusted servant he gave the mission of making one final effort with the gold which had already done so much. Men might be hired who would lie in wait for Massiva. If possible, the matter was to be effected secretly. If secrecy was impossible, the Numidian must yet be slain. His death was deserving of any risk. Bomilcar was prompt in carrying out his mission. A band of hired spies watched every movement of Massiva. They learnt the hours at which he left and returned to his home; the places he visited, the times at which his visits were paid. When the seasonable hour arrived, the ambush was set by Bomilcar. The elaborate precautions which had been taken proved to have been thrown away; the assassin who struck the fatal blow was no adept in the art of secret killing. Hardly had Massiva fallen when the alarm was given and the murderer seized.[964] The men who had an interest in Massiva's life were too numerous and too great to make it possible for the act to sink to the level of ordinary street outrages, or for the assassin caught red-handed to be regarded as the sole author of the crime. The consul Albinus amongst others pressed the murderer to reveal the instigator of the deed, and the senate must have promised the immunity that was sometimes given to the criminal who named his accomplices. The man named Bomilcar, who was thereupon formally arraigned of the murder and bound over to stand his trial before a criminal court. Even this step was taken with considerable hesitation, for it was admitted that the safe-conduct which protected Jugurtha extended to his retinue.[965] The king and his court were strictly speaking extra-territorial, and the strict letter of international law would have handed Bomilcar over for trial by his sovereign. But it was felt that a departure from custom was a less evil than to allow such an outrage to remain unpunished, and it was easier to satisfy the popular conscience by finding Bomilcar guilty than to fix the crime on the man whom every one named as its ultimate author. Jugurtha himself was inclined for a time to acquiesce in this view; he regarded the trial of his favourite as inevitable and furnished fifty of his own acquaintances who were willing to give bail for the appearance of the accused. But reflection convinced him that the sacrifice was unnecessary; his name could not be saved by Bomilcar's doom, and no influence or wealth could create even a pretence at belief in his own innocence. His standing in Rome was gone, and this made him the more eager to consider his standing as King of Numidia. If Bomilcar were sacrificed, his powerlessness to protect the chief member of his retinue might shake the allegiance of his own subjects.[966] He therefore smuggled his accused henchman from Rome and had him conveyed secretly to Numidia. This, of all Jugurtha's acts of perfidy perhaps the mildest and most excusable, in spite of the awkward predicament in which it left the fifty securities, was the last of the baffling incidents that had been crowded into his short sojourn at Rome. His presence must have been an annoyance to every one. He had exhausted his friends, had failed to serve the purposes of the opposition leader, and had inspired in the senate memories and anticipations which they were willing to forget. When that body ordered him to quit Italy—it must have expressed the wish of every class. Within a few days of Bomilcar's disappearance the king himself was leaving the gates. It is said that he often turned and took a long and silent look at the distant town, and that at last the words broke from him "A city for sale and ripe for ruin, if only a purchaser can be found!" [967]

The departure of Jugurtha implied the renewal of the war. The compact made with Bestia and Scaurus had been tacitly, if not formally, repudiated by the senate, and the fiction that Jugurtha had surrendered, although it had played its part in the negotiations which brought him to Rome, disappeared with the compact. Since, however, the right of Jugurtha to retain Numidia, which was the objectionable element in the late agreement, seems to have been implied rather than expressed, it may have seemed possible to take the view that Jugurtha's surrender was unconditional, and that the war was now the pursuit of an escaped prisoner of Rome. Such a conception was absolutely worthless so far as most of the practical difficulties of the task were concerned; for, whether Jugurtha was an enemy or a rebel, he was equally difficult to secure; but it may have had a considerable influence on the principles on which the Numidian war was now to be conducted, and we shall find on the part of Rome a growing disinclination to give Jugurtha the benefits of those rules of civilised warfare of which she generally professed a scrupulous observance in the letter if not in the spirit. The object of the war was, through its very simplicity, extraordinarily difficult of attainment. It was neither more nor less than the seizure of the person of Jugurtha. Numidia had no common government and no unity but those personified in its king, and the conquest of fragments of the country would be almost useless until the king was secured. The hope of setting up a rival pretender, whose recognition by Rome might have enabled organisation to keep pace with conquest, had perished with the murder of Massiva,[968] although it is very questionable whether the name even of the son of the warlike Gulussa would have detached any of the military strength of Numidia from a monarch who had stirred the fighting spirit of the nation and was regarded as the embodiment of its manliest traditions. The outlook of the consul Albinus, the new organiser of the war on the Roman side, was indeed a poor one, and it was made still poorer by the fact that a considerable portion of his year of office had already lapsed, and the events of his campaign must of necessity be crowded into the few remaining months of the summer and the early autumn. Had there been any spirit of self-sacrifice in Roman commanders, or any true continuity in Roman military policies, Albinus might have set himself the useful task of organising victory for his successors; yet he cannot be wholly blamed for the hope, wild and foolish as it seems, of striking some decisive blow in the narrow time allowed him.[969] The military operations of the war at this stage become almost wholly subordinate to political considerations. Senate and consuls were being swept off their feet and forced into a disastrous celerity or superficiality of action by the growing tide of indignation which animated commons and capitalists alike; and the feeling that something decisive must be accomplished for the satisfaction of public opinion, was supplemented by the lower but very human consideration that a general must seem to have attained some success if he hoped to have his command prolonged for another year. The senate, it is true, might have insight enough to see that success in a war such as that in Numidia could not be gauged by the brilliance of the results obtained; but how were they to defend their verdict to the people unless they could point to exploits such as would dazzle the popular eye? But although a feverish policy seemed the readiest mode of escape from public suspicion or inglorious retirement, it had its own particular nemesis, of which Albinus seemed for the moment to be oblivious. To finish the war in a short time meant to finish it by any means that came to hand. But, if a striking victory did not surrender Jugurtha into the hands of his conqueror—and even the most glorious victory did not under the circumstances of the war imply the capture of the vanquished—what means remained except negotiation and the voluntary surrender of the king?[970] Such means had been employed by Bestia, and every one knew now with what result. The policy of haste might breed more suspicion and bitterness than the most desultory conduct of the campaign.