18. The following year was disastrous, whether by the intemperature of the air, or by human guilt, Marcus Claudius Marcellus and Caius Valerius being consuls. I find in the annals Flaccus and Potitus variously given as the surname of the consul; but in this it is of little consequence which is the true one. I would heartily wish that this other account were a false one, (nor indeed do all writers mention it,) viz. that those persons, whose death rendered the year signal for the pestilence, were carried off by poison. The circumstance however must be stated as it is handed down to us, that I may not detract from the credit of any writer. When the principal persons of the state were dying of similar diseases, and all generally with the same result, a certain maid-servant undertook, before Quintius Fabius Maximus, curule aedile, to discover the cause of the public malady, provided the public faith would be given to her by him, that the discovery should not be made detrimental to her. Fabius immediately lays the matter before the consuls, and the consuls before the senate, and with the concurrence of that order the public faith was pledged to the informer. It was then disclosed that the state was afflicted by the wickedness of certain women, and that certain matrons were preparing those poisonous drugs; and if they wished to follow her forthwith, they might be detected in the very fact. Having followed the informer, they found women preparing certain drugs, and others of the same kind laid up. These being brought into the forum, and several matrons, to the number of twenty, in whose possession they had been detected, being summoned by the beadle, two of them, Cornelia and Sergia, both of patrician rank, maintaining that these drugs were wholesome, were directed by the informer who confronted them to drink some, that they might convict her of having stated what was false; having taken time to confer together, when, the crowd being removed, they referred the matter to the other matrons in the open view of all; they also not refusing to drink, they all drank off the preparation, and perished by their own wicked device. Their attendants being instantly seized, informed against a great number of matrons, of whom to the number of one hundred and seventy were condemned. Nor up to that day was there ever an inquiry made at Rome concerning poisoning. The circumstance was considered a prodigy; and seemed the act rather of insane persons than of persons depraved by guilt. Wherefore mention having been found in the annals, that formerly in the secessions of the commons the nail had been driven by the dictator, and that the minds of the people, distracted by discord, had been restored to a sane state, it was determined that a dictator should be nominated for the purpose of driving the nail. Cneius Quinctilius being nominated, appointed Lucius Valerius master of the horse, who, as soon as the nail was driven, abdicated their offices.

19. Lucius Papirius Crassus a second time, and Lucius Plautius Venno were elected consuls; at the commencement of which year ambassadors came to Rome from the Fabraternians, a Volscian people, and from the Lucanians, soliciting to be admitted into alliance: [promising] that if they were defended from the arms of the Samnites, they would continue in fidelity and obedience under the government of the Roman people. Ambassadors were then sent by the senate; and the Samnites were directed to withhold all violence from the territories of those states; and this embassy proved effectual not so much because the Samnites were desirous of peace, as because they were not prepared for war. The same year a war broke out with the people of Privernum; in which the people of Fundi were their supporters, their leader also being a Fundanian, Vitruvius Vaccus; a man of distinction not only at home, but in Rome also. He had a house on the Palatine hill, which, after the building was razed and the ground thrown open, was called the Vacciprata. Lucius Papirius having set out to oppose him whilst devastating extensively the districts of Setia, Norba, and Cora, posted himself at no great distance from his camp. Vitruvius neither adopted the prudent resolution to enclose himself with his trenches against an enemy his superior in strength, nor had he sufficient courage to engage at any great distance from his camp. When his army had scarcely got out of the gate of the camp, and his soldiers were looking backwards to flight rather than to battle or the enemy, he enters on an engagement without judgment or boldness; and as he was conquered by a very slight effort and unequivocally, so did he by the very shortness of the distance, and by the facility of his retreat into the camp so near at hand, protect his soldiers without difficulty from much loss; and scarcely were any slain in the engagement itself, and but few in the confusion of the flight in the rear, whilst they were making their way into the camp; and as soon as it was dark they repaired to Privernum in trepidation, so that they might protect themselves rather by walls than by a rampart. Plautius, the other consul, after laying waste the lands in every direction and driving off the spoil, leads his army into the Fundanian territory. The senate of the Fundanians met him as he was entering their borders; they declare that "they had not come to intercede in behalf of Vitruvius or those who followed his faction, but in behalf of the people of Fundi, whose exemption from any blame in the war had been proved by Vitruvius himself, when he made Privernum his place of retreat, and not his native country, Fundi. At Privernum, therefore, the enemies of the Roman people were to be looked for, and punished, who revolted at the same time from the Fundanians and the Romans, unmindful of both countries. That the Fundanians were at peace, that they had Roman feelings and a grateful recollection of the political rights received. They entreated the consul to withhold war from an inoffensive people; their lands, city, their own bodies and those of their wives and children, were, and ever should be, at the disposal of the Roman people." The consul, having commended the Fundanians, and despatched letters to Rome that the Fundanians had preserved their allegiance, turned his march to Privernum. Claudius states, that the consul first punished those who were at the head of the conspiracy; that three hundred and fifty of the conspirators were sent in chains to Rome; and that such submission was not received by the senate, because they considered that the people of Fundi wished to come off with impunity by the punishment of needy and humble persons.

20. While the siege of Privernum was being conducted by the two consular armies, one of the consuls was recalled to Rome, on account of the elections. This year gaols were first erected in the circus. While the attention of the public was still occupied by the Privernian war, an alarming report of the Gauls being in arms, a matter scarcely ever slighted by the senate, suddenly came on them. The new consuls, therefore, Lucius AEmilius Mamercinus and Caius Plautius, on the calends of July, the very day on which they entered into office, received orders to settle the provinces immediately between themselves; and Mamercinus, to whom the Gallic war fell, was directed to levy troops, without admitting any plea of immunity: nay, it is said, that even the rabble of handicrafts, and those of sedentary trades, of all the worst qualified for military service, were called out; and a vast army was collected at Veii, in readiness to meet the Gauls. It was thought proper not to proceed to a greater distance, lest the enemy might by some other route arrive at the city without being observed. In the course of a few days it being ascertained, on a careful inquiry, that every thing on that side was quiet at the time; the whole force, which was to have opposed the Gauls, was then turned against Privernum. Of the issue of the business, there are two different accounts: some say, that the city was taken by storm; and that Vitruvius fell alive into the hands [of the conquerors]: others maintain that the townsmen, to avoid the extremities of a storm, presenting the rod of peace, surrendered to the consul; and that Vitruvius was delivered up by his troops. The senate, being consulted with respect to Vitruvius and the Privernians, sent directions, that the consul Plautius should demolish the walls of Privernum, and, leaving a strong garrison there, come home to enjoy the honour of a triumph; at the same time ordering that Vitruvius should be kept in prison, until the return of the consul, and that he should then be beaten with rods, and put to death. His house, which stood on the Palatine hill, they commanded to be razed to the ground, and his effects to be devoted to Semo Sancus. With the money produced by the sale of them, brazen globes were formed, and placed in the chapel of Sancus, opposite to the temple of Quirinus. As to the senate of Privernum, it was decreed, that every person who had continued to act as a senator of Privernum, after the revolt from the Romans, should reside on the farther side of the Tiber, under the same restrictions as those of Velitrae. After the passing of these decrees, there was no further mention of the Privernians, until Plautius had triumphed. After the triumph, Vitruvius, with his accomplices, having been put to death, the consul thought that all being now fully gratified by the sufferings of the guilty, allusion might be safely made to the business of the Privernians, he spoke in the following manner: "Conscript fathers, since the authors of the revolt have received, both from the immortal gods and from you, the punishment so well merited, what do ye judge proper to be done with respect to the guiltless multitude? For my part, although my duty consists rather in collecting the opinions of others than in offering my own, yet, when I reflect that the Privernians are situated in the neighbourhood of the Samnites, our peace with whom is exceedingly uncertain, I should wish, that as little ground of animosity as possible may be left between them and us."

21. The affair naturally admitted of a diversity of opinions, each, agreeably to his particular temper, recommending either severity or lenity; matters were still further perplexed by one of the Privernian ambassadors, more mindful of the prospects to which he had been born, than to the exigency of the present juncture: who being asked by one of the advocates for severity, "What punishment he thought the Privernians deserved?" answered, "Such as those deserve who deem themselves worthy of liberty." The consul observing, that, by this stubborn answer, those who were adverse to the cause of the Privernians were the more exasperated against them, and wishing, by a question of favourable import, to draw from him a more conciliating reply, said to him, "What if we remit the punishment, in what manner may we expect that ye will observe the peace which shall be established between us?" He replied, "If the peace which ye grant us be a good one, both inviolable and eternal; if bad, of no long continuance." Then indeed some exclaimed, that the Privernian menaced them, and not in ambiguous terms; and that by such expressions peaceable states were incited to rebellion. But the more reasonable part of the senate interpreted his answers more favourably, and said, that "the words they had heard were those of a man, and of a free-man. Could it be believed that any people, or even any individual, would remain, longer than necessity constrained, in a situation which he felt painful? That peace was faithfully observed, only when those at peace were voluntarily so; but that fidelity was not to be expected where they wished to establish slavery." In this opinion they were led to concur, principally, by the consul himself, who frequently observed to the consulars, who had proposed the different resolutions, in such a manner as to be heard by several, that "surely those men only who thought of nothing but liberty, were worthy of being made Romans." They consequently both carried their cause in the senate; and, moreover, by direction of that body, a proposal was laid before the people, that the freedom of the state should be granted to the Privernians. The same year a colony of three hundred was sent to Anxur, and received two acres of land each.

22. The year following, in which the consuls were Publius Plautius Proculus and Publius Cornelius Scapula, was remarkable for no one transaction, civil or military, except the sending of a colony to Fregellae, a district which had belonged to the Sidicinians, and afterwards to the Volscians; and a distribution of meat to the people, made by Marcus Flavius, on occasion of the funeral of his mother. There were many who represented, that, under the appearance of doing honour to his parent, a deserved recompence was made to the people, for having acquitted him, when prosecuted by the aediles on a charge of having debauched a married woman. This distribution of meat intended as a return for favours shown on the trial, proved also the means of procuring him the honour of a public office; for, at the next election, though absent, he was preferred before the candidates who solicited in person the tribuneship of the commons. The city of Palaepolis was situated at no great distance from the spot where Neapolis now stands. The two cities were inhabited by one people: these came from Cumae, and the Cumans derive their origin from Chalcis in Euboea. By means of the fleet in which they had been conveyed hither, they possessed great power on the coast of the sea, near which they dwelt. Having first landed on the islands of AEnaria, and the Pithecusae, they afterwards ventured to transfer their settlement to the continent. This state, relying both on their own strength, as well as on the treacherous nature of the alliance of the Samnites with the Romans; or, encouraged by the report of a pestilence having attacked the city of Rome, committed various acts of hostility against the Romans settled in the Campanian and Falernian territories. Wherefore, in the succeeding consulate of Lucius Cornelius, and Quintus Publilius Philo a second time, heralds being sent to Palaepolis to demand satisfaction, when a haughty answer was returned by these Greeks, a race more magnanimous in words than in action, the people, in pursuance of the direction of the senate, ordered war to be declared against the Palaepolitans. On settling the provinces between the consuls, the war against the Greeks fell to Publilius. Cornelius, with another army, was appointed to watch the Samnites if they should attempt any movement; but a report prevailed that they, anxiously expecting a revolt in Campania, intended to march their troops thither; that was judged by Cornelius the properest station for him.

23. The senate received information, from both the consuls, that there was very little hope of peace with the Samnites. Publilius informed them, that two thousand soldiers from Nolae, and four thousand of the Samnites, had been received into Palaepolis, a measure rather forced on the Greeks by the Nolans than agreeable to their inclination. Cornelius wrote, that a levy of troops had been ordered, that all Samnium was in motion, and that the neighbouring states of Privernum, Fundi, and Formiae, were openly solicited to join them. When in consequence it was thought proper, that, before hostilities were commenced, ambassadors should be sent to the Samnites, an insolent answer is returned by them; they even went so far as to accuse the Romans of behaving injuriously towards them; but, nevertheless, they took pains to clear themselves of the charges made against them, asserting, that "the Greeks were not assisted with either counsel or aid by their state, nor were the Fundanians or Formians tampered with by them; for, if they were disposed to war, they had not the least reason to be diffident of their own strength. However, they could not dissemble, that it gave great offence to the state of the Samnites, that Fregellae, by them taken from the Volscians and demolished, should have been rebuilt by the Romans; and that they should have established a colony within the territory of the Samnites, to which their colonists gave the name of Fregellae. This injury and affront, if not done away by the authors, they were determined themselves to remove, by every means in their power." When one of the Roman ambassadors proposed to discuss the matter before their common allies and friends, their magistrate said, "Why do we disguise our sentiments? Romans, no conferences of ambassadors, nor arbitration of any person whatever, can terminate our differences; but the plains of Campania, in which we must meet; our arms and the common fortune of war will settle the point. Let our armies, therefore, meet between Capua and Suessula; and there let us decide, whether the Samnite or the Roman shall hold the sovereignty of Italy." To this the ambassadors of the Romans replied, "that they would go, not whither their enemy called, but whither their commanders should lead." In the mean time, Publilius, by seizing an advantageous post between Palaepolis and Neapolis, had cut off that interchange of mutual aid, which they had hitherto afforded each other, according as either place was hard pressed. Accordingly, when both the day of the elections approached, and as it was highly inexpedient for the public interest that Publilius should be called away when on the point of assailing the enemy's walls, and in daily expectation of gaining possession of their city, application was made to the tribunes, to recommend to the people the passing of an order, that Publilius Philo, when his year of office should expire, might continue in command, as pro-consul, until the war with the Greeks should be finished. A letter was despatched to Lucius Cornelius, with orders to name a dictator; for it was not thought proper that the consul should be recalled from the vigorous prosecution of the war now that he had entered into Samnium. He nominated Marcus Claudius Marcellus, who appointed Spurius Postumius master of the horse. The elections, however, were not held by the dictator, because it became a question whether he had been appointed under an irregularity; and the augurs being consulted, pronounced that it appeared that the dictator's appointment was defective. The tribunes inveighed against this proceeding as dangerous and dishonourable; "for it was not probable," they said, "that such defect could have been discovered, as the consul, rising in the night, had nominated the dictator while every thing was still;[172] nor had the said consul in any of his letters, either public or private, made any mention of such a thing to any one; nor did any person whatever come forward who said that he saw or heard any thing which could vitiate the auspices. Neither could the augurs sitting at Rome divine what inauspicious circumstance had occurred to the consul in the camp. Who did not plainly perceive, that the dictator's being a plebeian, was the defect which the augurs had discovered?" These and other arguments were urged in vain by the tribunes: the affair however ended in an interregnum. At last, after the elections had been adjourned repeatedly on one pretext or another, the fourteenth interrex, Lucius AEmilius, elected consuls Caius Paetelius, and Lucius Papirius Mugillanus, or Cursor, as I find him named in some annals.

[Footnote 172: Any noise happening during the taking of the auspices was reckoned inauspicious; hence silentium signified among the augurs, every circumstance being favourable.]

24. It has been recorded, that in this year Alexandria in Egypt was founded; and that Alexander, king of Epirus, being slain by a Lucanian exile, verified in the circumstances of his death the prediction of Jupiter of Dodona. At the time when he was invited into Italy by the Tarentines, a caution had been given him, "to beware of the Acherusian waters and the city Pandosia, for there were fixed the limits of his destiny." For that reason he made the greater haste to pass over to Italy, in order to be at as great a distance as possible from the city Pandosia in Epirus, and the river Acheron, which, after flowing through Molossis, runs into the lakes called Infernal, and is received into the Thesprotian gulf. But, (as it frequently happens, that men, by endeavouring to shun their fate, run directly upon it,) after having often defeated the armies of Bruttium and Lucania, and taken Heraclea, a colony of the Tarentines, Consentia and Metapontum from the Lucanians, Terina from the Bruttians, and several other cities of the Messapians and Lucanians; and having sent into Epirus three hundred illustrious families, whom he intended to keep as hostages, he posted his troops on three hills, which stood at a small distance from each other, not far from the city Pandosia, and close to the frontiers of the Bruttians and Lucanians, in order that he might thence make incursions into every part of the enemy's country. At that time he kept about his person two hundred Lucanian exiles, as faithful attendants, but whose fidelity, according to the general disposition of people of that description, was ever ready to follow the changes of fortune. When continual rains spread such an inundation over all the plains, as cut off from the three separate divisions of the army all means of mutual aid, the two parties, in neither of which the king was present, were suddenly attacked and overpowered by the enemy, who, after putting them to the sword, employed their whole force in blockading the king himself. From this place the Lucanian exiles sent emissaries to their countrymen, and stipulating a safe return for themselves, promised to deliver the king, either alive or dead, into their power. But he, bravely resolving to make an extraordinary effort, at the head of a chosen band, broke through the midst of their forces; engaged singly, and slew the general of the Lucanians, and collecting together his men, who had been scattered in the retreat, arrived at a river which pointed out his road by the ruins of a bridge which had been recently broken by the violence of the flood. Here, while the party was fording the river on a very uneven bottom, a soldier, almost spent with fatigue and apprehension, cried out as a reflection on the odious name of it,—"You are justly named Acheros (dismal):" which expression reaching the king's ears, and instantly recalling to his mind the fate denounced on him, he halted, hesitating whether he should cross over or not. Then Sotimus, one of the royal band of youths which attended him, asking why he delayed in such a critical moment, showed him that the Lucanians were watching an opportunity to perpetrate some act of treachery: whereupon the king, looking back, and seeing them coming towards him in a body, drew his sword, and pushed on his horse through the middle of the river. When he had now reached the shallow, a Lucanian exile from a distance transfixed him with a javelin: after his fall, the current carried down his lifeless body, with the weapon sticking in it, to the posts of the enemy: there a shocking mangling of it took place; for dividing it in the middle, they sent one half to Consentia, and kept the other, as a subject of mockery, to themselves. While they were throwing darts and stones at it, a woman mixing with the crowd, who were enraged to a degree beyond the credible extent of human resentment, prevailed on them to stop for a moment. She then told them with tears in her eyes that she had a husband and children, prisoners among the enemy; and that she hoped to be able with the king's body, however disfigured, to ransom her friends: this put an end to their outrages. The remnants of his limbs were buried at Consentia, entirely through the care of the woman; and his bones were sent to Metapontum to the enemy, from whence they were conveyed to Epirus to his wife Cleopatra and his sister Olympias; the latter of whom was the mother, the former the sister, of Alexander the Great. Such was the melancholy end of Alexander of Epirus; of which, although fortune did not allow him to engage in hostilities with the Romans, yet, as he waged war in Italy, I have thought it proper to give this brief account. This year, the fifth time since the building of the city, the lectisternium was performed at Rome for procuring the favour of the same deities to whom it was addressed before.

25. When the new consuls had, by order of the people, sent persons to declare war against the Samnites, and they themselves were making all preparations with greater energy than against the Greeks, a new accession of strength also came to them when expecting no such thing. The Lucanians and Apulians, nations who, until that time, had no kind of intercourse with the Roman people, proposed an alliance with them, promising a supply of men and arms for the war: a treaty of friendship was accordingly concluded. At the same time, their affairs went on successfully in Samnium. Three towns fell into their hands, Allifae, Callifae, and Ruffrium; and the adjoining country to a great extent was, on the first arrival of the consuls, laid entirely waste. Whilst the war on this side was commenced with so much success, so the war in the other quarter where the Greeks were held besieged, now drew towards a conclusion. For, besides the communication between the two posts of the enemy being cut off, by the besiegers having possession of part of the works through which it had been carried on, they now suffered within the walls hardships far more grievous than those with which the enemy threatened them, and as if made prisoners by their own garrison, they were now subjected to the greatest indignities in the persons of their wives and children, and to such extremities as are generally felt on the sacking of cities. When, therefore, intelligence arrived that reinforcements were to come from Tarentum and from the Samnites, all agreed that there were more of the latter already within the walls than they wished; but the young men of Tarentum, who were Greeks as well as themselves, they earnestly longed for, as they hoped to be enabled by their means to oppose the Samnites and Nolans, no less than to resist their Roman enemies. At last a surrender to the Romans appeared to be the lightest evil. Charilaus and Nymphius, the two principal men in the state, consulting together on the subject, settled the part which each was to act; it, was, that one should desert to the Roman general, and the other stay behind to manage affairs in the city, so as to facilitate the execution of their plan. Charilaus was the person who came to Publilius Philo; he told him that "he had taken a resolution, which he hoped would prove advantageous, fortunate, and happy to the Palaepolitans and to the Roman people, of delivering the fortifications into his hands. Whether he should appear by that deed to have betrayed or preserved his country, depended on the honour of the Romans. That for himself in particular, he neither stipulated nor requested any thing; but, in behalf of the state, he requested rather than stipulated, that in case the design should succeed, the Roman people would consider more especially the zeal and hazard with which it sought a renewal of their friendship, than its folly and rashness in deviating from its duty." He was commended by the general, and received a body of three thousand soldiers, with which he was to seize on that part of the city which was possessed by the Samnites; this detachment was commanded by Lucius Quinctius, military tribune.

26. At the same time also, Nymphius, on his part, artfully addressing himself to the commander of the Samnites, prevailed upon him, as all the troops of the Romans were employed either about Palaepolis or in Samnium, to allow him to sail round with the fleet to the territory of Rome, where he undertook to ravage, not only the sea-coast, but the country adjoining the very city. But, in order to avoid observation, it was necessary, he told him, to set out by night, and to launch the ships immediately. That this might be effected with the greater despatch, all the young Samnites, except the necessary guards of the city, were sent to the shore. While Nymphius wasted the time there, giving contradictory orders, designedly, to create confusion, which was increased by the darkness, and by the crowd, which was so numerous as to obstruct each other's operations, Charilaus, according to the plan concerted, was admitted by his associates into the city; and have filled the higher parts of it with Roman soldiers, he ordered them to raise a shout; on which the Greeks, who had received previous directions from their leaders, kept themselves quiet. The Nolans fled through the opposite part of the town, by the road leading to Nola. The flight of the Samnites, who were shut out from the city, was easier, but had a more disgraceful appearance; for they returned to their homes without arms, stripped, and destitute of every thing; all, in short, belonging to them being left with their enemies; so that they were objects of ridicule, not only to foreigners, but even to their own countrymen. I know that there is another account of this matter, according to which the town is represented to have been betrayed by the Samnites; but I have this account on the authority most worthy of credit; besides, the treaty of Neapolis, for to that place the seat of government of the Greeks was then transferred, renders it more probable that the renewal of friendship was voluntary on their side. A triumph was decreed to Publilius, because people were well convinced that the enemy, reduced by the siege, had adopted terms of submission. These two extraordinary incidents, which never before occurred in any case, befell this man: a prolongation of command never before granted to any one; and a triumph after the expiration of his office.

27. Another war soon after arose with the Greeks of the other coast. For the Tarentines having, for a considerable time, buoyed up the state of Palaepolis with delusive hopes of assistance, when they understood that the Romans had gotten possession of that city, as if they were the persons who had suffered the disappointment, and not the authors of it, they inveighed against the Palaepolitans, and became furious in their anger and malice towards the Romans; on this account also, because information was brought that the Lucanians and Apulians had submitted to the Roman people; for a treaty of alliance had been this year concluded with both these nations. "The business," they observed, "was now brought almost to their doors; and that the matter would soon come to this, that the Romans must either be dealt with as enemies, or received as masters: that, in fact, their interests were involved in the war of the Samnites, and in its issue. That that was the only nation which continued to make opposition; and that with power very inadequate, since the Lucanians left them: these however might yet be brought back, and induced to renounce the Roman alliance, if proper skill were used in sowing dissension between them." These reasonings being readily adopted, by people who wished for a change, some young Lucanians of considerable note among their countrymen, but devoid of honour, were procured for money; these having lacerated each other's persons with stripes, after they had come naked into a public meeting of their countrymen, exclaimed that, because they had ventured to go into the Roman camp, they had been thus beaten with rods, by order of the consul, and had hardly escaped the loss of their heads. A circumstance, so shocking in its nature, carrying strong proofs of the ill-treatment, none of artifice, the people were so irritated, that, by their clamours, they compelled the magistrates to call together the senate; and some standing round that assembly, insisted on a declaration of war against the Romans, others ran different ways to rouse to arms the multitude residing in the country. Thus the tumult hurrying into imprudence the minds even of rational men, a decree was passed, that the alliance with the Samnites should be renewed, and ambassadors sent for that purpose. Because this so sudden a proceeding was totally devoid of any obvious cause for its adoption, and consequently was little relied on for its sincerity; they were, however, obliged both to give hostages, and also to receive garrisons into their fortified places; and they, blinded by fraud and resentment, refused no terms. In a little time after, on the authors of the false charges removing to Tarentum, the whole imposition came to light. But as they had given all power out of their own hands, nothing was left them but unavailing repentance.

28. This year there arose, as it were, a new era of liberty to the Roman commons; in this that a stop was put to the practice of confining debtors. This alteration of the law was effected in consequence of the lust and signal cruelty of one usurer. His name was Lucius Papirius. To him one Caius Publilius having surrendered his person to be confined for a debt due by his father, his youth and beauty, which ought to have excited commiseration, operated on the other's mind as incentives to lust and insult. He first attempted to seduce the young man by impure discourses, considering the bloom of his youth his own adventitious gain; but finding that his ears were shocked at their infamous tendency, he then endeavoured to terrify him by threats, and reminded him frequently of his situation. At last, convinced of his resolution to act conformably to his honourable birth, rather than to his present condition, he ordered him to be stripped and scourged. When with the marks of the rods imprinted in his flesh the youth rushed out into the public street, loudly complaining of the depravedness and inhumanity of the usurer; a vast number of people, moved by compassion for his early age, and indignation at his barbarous treatment, reflecting at the same time on their own lot and that of their children, flocked together into the forum, and from thence in a body to the senate-house. When the consuls were obliged by the sudden tumult to call a meeting of the senate, the people, falling at the feet of each of the senators, as they were going into the senate-house, presented to their view the lacerated back of the youth. On that day, in consequence of the outrageous conduct of an individual, the strongest bonds of credit were broken; and the consuls were commanded to propose to the people, that no person should be held in fetters or stocks, except convicted of a crime, and in order to punishment; but that, for money due, the goods of the debtor, not his person, should be answerable. Thus the confined debtors were released; and provision made, for the time to come, that they should not be liable to confinement.

29. In the course of this year, while the war with the Samnites was sufficient in itself to give full employment to the senate, besides the sudden defection of the Lucanians, and the Tarentines, the promoters of the defection, [another source of uneasiness] was added in a union formed by the state of the Vestinians with the Samnites. Which event, though it continued, during the present year, to be the general subject of conversation, without coming under any public discussion, appeared so important to the consuls of the year following, Lucius Furius Camillus a second time, and Junius Brutus Scaeva, that it was the first business which they proposed to the consideration of the state. And though the matter was still recent, still great perplexity seized the senate, as they dreaded equally the consequences, either of passing it over, or of taking it up; lest, on the one hand, impunity might stir up the neighbouring states with wantonness and arrogance; and, on the other, punishment inflicted on them by force of arms, and dread of immediate danger, might produce the same effect by exciting resentment. And the whole body, too, was in every way equal in strength to the Samnites, being composed of the Marsians, the Pelignians, and the Marrusinians; all of whom would have to be encountered as enemies, if the Vestinians were to be interfered with. However, that side prevailed which might, at the time, seem to have more spirit than prudence; but the event proved that fortune assists the brave. The people, in pursuance of the direction of the senate, ordered war against the Vestinians; that province fell by lot to Junius, Samnium to Camillus. Armies were led to both places, and by carefully guarding the frontiers, the enemy were prevented from joining their forces. But the other consul, Lucius Furius, on whom the principal weight of the business rested, was withdrawn by chance from the war, being seized with a severe sickness. Being therefore ordered to nominate a dictator to conduct the business, he nominated Lucius Papirius Cursor, the most celebrated general, by far, of any in that age, who appointed Quintus Fabius Maximus Rullianus master of the horse: a pair of commanders distinguished for their exploits in war; more so, however, for a quarrel between themselves, and which proceeded almost to violence. The other consul, in the territory of the Vestinians, carried on operations of various kinds; and, in all, was uniformly successful. For he both utterly laid waste their lands, and, by spoiling and burning their houses and corn, compelled them to come to an engagement; and, in one battle, he reduced the strength of the Vestinians to such a degree, though not without loss on his own side, that the enemy not only fled to their camp, but, fearing even to trust to the rampart and trench, dispersed from thence into the several towns, in hopes of finding security in the situation and fortifications of their cities. At last, having undertaken to reduce their towns by force, amid the great ardour of the soldiers, and their resentment for the wounds which they had received, (hardly one of them having come out of the battle unhurt,) he took Cutina by scalade, and afterwards Cingilia. The spoil of both cities he gave to the soldiers, in consideration of their having bravely surmounted the obstruction both of gates and walls.

30. The commanders entered Samnium under uncertain auspices; an informality which pointed, not at the event of war, for that was prosperous, but at the furious passions and the quarrels which broke out between the leaders. For Papirius the dictator, returning to Rome in order to take the auspices anew, in consequence of a caution received from the aruspex, left strict orders with the master of the horse to remain in his post, and not to engage in battle during his absence. After the departure of the dictator, Fabius having discovered by his scouts that the enemy were in as unguarded a state as if there was not a single Roman in Samnium, the high-spirited youth, (either conceiving indignation at the sole authority in every point appearing to be lodged in the hands of the dictator, or induced by the opportunity of striking an important blow,) having made the necessary preparations and dispositions, marched to a place called Imbrinium, and there fought a battle with the Samnites. His success in the fight was such, that there was no one circumstance which could have been improved to more advantage, if the dictator had been present. The leader was not wanting to the soldiers, nor the soldiers to their leader. The cavalry too, (finding, after repeated charges, that they could not break the ranks,) by the advice of Lucius Cominius, a military tribune, pulled off the bridles from their horses and spurred them on so furiously, that no power could withstand them; forcing their way through the thickest of the enemy, they bore down every thing before them; and the infantry seconding the charge, the whole body was thrown into confusion. Twenty thousand of the enemy are said to have fallen on that day. I have authority for saying that there were two battles fought during the dictator's absence, and two victories obtained; but, according to the most ancient writers, only this one is found, and in some histories the whole transaction is omitted. The master of the horse getting possession of abundance of spoils, in consequence of the great numbers slain, collected the arms into a huge heap, and burned them; either in pursuance of a vow to some of the gods, or, if we choose to credit the authority of Fabius, it was done on this account, that the dictator might not reap the fruits of his glory, inscribe his name on them, or carry the spoils in triumph. His letters also, containing an account of the success, being sent to the senate, not to the dictator, showed plainly that he wished not to impart to him any share of the honour; who certainly viewed the proceeding in this light, for while others rejoiced at the victory obtained, he showed only surliness and anger; insomuch that, immediately dismissing the senate, he hastened out of the senate-house, and frequently repeated with warmth, that the legions of the Samnites were not more effectually vanquished and overthrown by the master of the horse, than were the dictatorial dignity and military discipline, if such contempt of orders escaped with impunity. Thus, breathing resentment and menaces, he set out for the camp; but, though he travelled with all possible expedition, he was unable, however, to outstrip the report of his coming. For messengers had started from the city before him, who brought intelligence that the dictator was coming, eager for vengeance, and in almost every second sentence applauding the conduct of Titus Manlius.

31. Fabius instantly called an assembly, and entreated the soldiers to "show the same courage in protecting him, under whose conduct and auspices they had conquered, from the outrageous cruelty of the dictator, which they had so lately displayed in defending the commonwealth from its most inveterate enemies. He was now coming," he told them, "frantic with envy; enraged at another's bravery and success, he was mad, because, in his absence, the business of the public had been executed, with remarkable success; and if he could change the fortune of the engagement, would wish the Samnites in possession of victory rather than the Romans. He talked much of contempt of orders; as if his prohibition of fighting were not dictated by the same motive, which caused his vexation at the fight having taken place. He wished to shackle the valour of others through envy, and meant to take away the soldiers' arms when they were most eager for action, and that no use might be made of them in his absence: he was further enraged too, because without Lucius Papirius the soldiers were not without hands or arms, and because Quintus Fabius considered himself as master of the horse, not as a beadle to the dictator. How would he have behaved, had the issue of the fight been unfortunate; which, through the chances of war and the uncertainty of military operations, might have been the case; since now, when the enemy has been vanquished, (as completely, indeed, as if that leader's own singular talents had been employed in the matter,) he yet threatens the master of the horse with punishment? Nor is he more incensed against the master of the horse, than against the military tribunes, the centurions, and the soldiers. On all, he would vent his rage if he could; and because that is not in his power, he vents it on one. Envy, like flame, soars upwards; aims at the summit; that he makes his attack on the head of the business, on the leader. If he could put him out of the way, together with the glory of the service performed, he would then lord it, like a conqueror over vanquished troops; and, without scruple, practise against the soldiers what he had been allowed to act against their commander. That they should, therefore, in his cause, support the general liberty of all. If the dictator perceived among the troops the same unanimity in justifying their victory that they had displayed in the battle, and that all interested themselves in the safety of one, it would bend his temper to milder counsels. In fine," he told them, "that he committed his life, and all his interests, to their honour and to their courage."

32. His speech was received with the loudest acclamations from every part of the assembly, bidding him "have courage; for while the Roman legions were in being, no man should offer him violence." Not long after, the dictator arrived, and instantly summoned an assembly by sound of trumpet. Then silence being made, a crier cited Quintus Fabius, master of the horse, and as soon as, on the lower ground, he had approached the tribunal, the dictator said, "Quintus Fabius, I demand of you, when the authority of dictator is acknowledged to be supreme, and is submitted to by the consuls, officers endowed with regal power; and likewise by the praetors, created under the same auspices with consuls; whether or no you think it reasonable that it should not meet obedience from a master of the horse? I also ask you whether, when I knew that I set out from home under uncertain auspices, the safety of the commonwealth ought to have been endangered by me, whilst the omens were confused, or whether the auspices ought to be newly taken, so that nothing might be done while the will of the gods remained doubtful? And further, when a religious scruple was of such a nature as to hinder the dictator from acting, whether the master of the horse could be exempt from it and at liberty? But why do I ask these questions, when, though I had gone without leaving any orders, your own judgment ought to have been regulated according to what you could discover of my intention? Why do you not answer? Did I not forbid you to act, in any respect, during my absence? Did I not forbid you to engage the enemy? Yet, in contempt of these my orders, while the auspices were uncertain, while the omens were confused, contrary to the practice of war, contrary to the discipline of our ancestors, and contrary to the authority of the gods, you dared to enter on the fight. Answer to these questions proposed to you. On any other matter utter not a word. Lictor, draw near him." To each of these particulars, Fabius, finding it no easy matter to answer, at one time remonstrated against the same person acting as accuser and judge, in a cause which affected his very existence; at another, he asserted that his life should sooner be forced from him, than the glory of his past services; clearing himself and accusing the other by turns; so then Papirius' anger blazing out with fresh fury, he ordered the master of the horse to be stripped, and the rods and axes to be got ready. Fabius, imploring the protection of the soldiers, while the lictors were tearing his garments, betook himself to the quarters of the veterans, who were already raising a commotion in the assembly: from them the uproar spread through the whole body; in one place the voice of supplication was heard; in another, menaces. Those who happened to stand nearest to the tribunal, because, being under the eyes of the general, they could easily be known, entreated him to spare the master of the horse, and not in him to condemn the whole army. The remoter parts of the assembly, and the crowd collected round Fabius, railed at the unrelenting spirit of the dictator, and were not far from mutiny; nor was even the tribunal perfectly quiet. The lieutenants-general standing round the general's seat besought him to adjourn the business to the next day, and to allow time to his anger, and room for consideration; representing that "the indiscretion of Fabius had been sufficiently rebuked; his victory sufficiently disgraced; and they begged him not to proceed to the extreme of severity; not to brand with ignominy a youth of extraordinary merit, or his father, a man of most illustrious character, together with the whole family of the Fabii." When they made but little impression either by their prayers or arguments, they desired him to observe the violent ferment of the assembly, and told him that "while the soldiers' tempers were heated to such a degree, it became not either his age or his wisdom to kindle them into a flame, and afford matter for a mutiny; that no one would lay the blame of such an event on Quintus Fabius, who only deprecated punishment; but on the dictator, if, blinded by resentment, he should, by an ill-judged contest, draw on himself the fury of the multitude: and lest he should think that they acted from motives of regard to Quintus Fabius, they were ready to make oath that, in their judgment, it was not for the interest of the commonwealth that Quintus Fabius should be punished at that time."

33. When by these expostulations they rather irritated the dictator against themselves, than appeased his anger against the master of the horse, the lieutenants-general were ordered to go down from the tribunal; and after several vain attempts were made to procure silence by means of a crier, the noise and tumult being so great that neither the voice of the dictator himself, nor that of his apparitors, could be heard; night, as in the case of a battle, put an end to the contest. The master of the horse was ordered to attend on the day following; but when all assured him that Papirius, being agitated and exasperated in the course of the present contention, would proceed against him with greater violence, he fled privately from the camp to Rome; where, by the advice of his father, Marcus Fabius, who had been three times consul, and likewise dictator, he immediately called a meeting of the senate. While he was strenuously complaining before the fathers of the rage and injustice of the dictator, on a sudden was heard the noise of lictors before the senate-house, clearing the way, and Papirius himself arrived, full of resentment, having followed, with a guard of light horse, as soon as he heard that the other had quitted the camp. The contention then began anew, and the dictator ordered Fabius to be seized. Where, when his unrelenting spirit persisted in its purpose, notwithstanding the united intercessions of the principal patricians, and of the whole senate, Fabius, the father, then said, "Since neither the authority of the senate has any weight with you; nor my age, which you wish to render childless; nor the noble birth and merit of a master of the horse, nominated by yourself; nor prayers which have often mitigated the rage of an enemy, and which appease the wrath of the gods; I call upon the tribunes of the commons for support, and appeal to the people; and since you decline the judgment of your own army, as well as of the senate, I call you before a judge who must certainly be allowed, though no other should, to possess more power and authority than yourself, though dictator. I shall see whether you will submit to an appeal, to which Tullus Hostilius, a Roman king, submitted." They proceeded directly from the senate-house to the assembly; where, being arrived, the dictator attended by few, the master of the horse by all the people of the first rank in a body, Papirius commanded him to be taken from the rostrum to the lower ground; his father, following him, said, "You do well in ordering us to be brought down to a place where even as private persons we have liberty of speech." At first, instead of regular speeches, nothing but altercation was heard; at length, the indignation of old Fabius, and the strength of his voice, got the better of noise, while he reproached Papirius with arrogance and cruelty. "He himself," he said, "had been dictator at Rome; and no man, not even the lowest plebeian, or centurion, or soldier, had been outraged by him. But Papirius sought for victory and triumph over a Roman commander, as over the generals of the enemy. What an immense difference between the moderation of the ancients, and modern oppression and cruelty. Quinctius Cincinnatus when dictator exercised no further severity on Lucius Minucius the consul, although rescued by him from a siege, than leaving him at the head of the army, in the quality of lieutenant-general, instead of consul. Marcus Furius Camillus, in the case of Lucius Furius, who, in contempt of his great age and authority, had fought a battle with a most disgraceful result, not only restrained his anger at the time so as to write no unfavourable representation of his conduct to the people or the senate; but after returning home, when the patricians gave him a power of electing from among his colleagues whoever he might approve as an associate with himself in the command, chose that very man in preference to all the other consular tribunes. Nay, that not even the resentment of the people, with whom lay the supreme power in all cases, was ever exercised with greater severity towards those who, through rashness and ignorance, had occasioned the loss of armies, than the fining them in a sum of money. Until that day, a capital prosecution for ill conduct in war had never been instituted against any commander, but now generals of the Roman people when victorious, and meriting the most honourable triumphs, are threatened with rods and axes; a treatment which would not have been deemed allowable, even towards those who had been defeated by an enemy. What would his son have to suffer, if he had occasioned the loss of the army? if he had been routed, put to flight, and driven out of his camp? To what greater length could his resentment and violence be stretched, than to scourge him, and put him to death? How was it consistent with reason, that through the means of Quintus Fabius, the state should be filled with joy, exulting in victory, and occupied in thanksgivings and congratulations; while at the same time, he who had given occasion to the temples of the gods being thrown open, their altars yet smoking with sacrifices, and loaded with honours and offerings, should be stripped naked, and torn with stripes in the sight of the Roman people; within view of the Capitol and citadel, and of those gods not in vain invoked in two different battles? With what temper would the army which had conquered under his conduct and auspices have borne it? What mourning would there be in the Roman camp! what joy among their enemies!" This speech he accompanied with an abundant flow of tears; uniting reproaches and complaints, imploring the aid both of gods and men, and warmly embracing his son.

34. On his side stood the majesty of the senate, the favour of the people, the support of the tribunes, and regard for the absent army. On the other side were urged the inviolable authority of the Roman government and military discipline; the edict of the dictator, always observed as the mandate of a deity; the orders of Manlius, and his postponing even parental affection to public utility. "The same also," said the dictator, "was the conduct of Lucius Brutus, the founder of Roman liberty, in the case of his two sons. That now fathers were become indulgent, and the aged indifferent in the case of the authority of others being despised, and indulge the young in the subversion of military order, as if it were a matter of trifling consequence. For his part, however, he would persevere in his purpose, and would not remit the smallest part of the punishment justly due to a person who fought contrary to his orders, while the rites of religion were imperfectly executed, and the auspices uncertain. Whether the majesty of the supreme authority was to be perpetual or not, depended not on him; but Lucius Papirius would not diminish aught of its rights. He wished that the tribunitian office, inviolate itself, would not by its interposition violate the authority of the Roman government; nor the Roman people, to their own detriment particularly, annihilate the dictator and the rights of the dictatorship together. But if this should be the case, not Lucius Papirius but the tribunes and the people would be blamed by posterity in vain; when military discipline being once dissolved, the soldier would no longer obey the orders of the centurion, the centurion those of the tribune, the tribune those of the lieutenant-general, the lieutenant-general those of the consul, nor the master of the horse those of the dictator. No one would then pay any deference to men, no, nor even to the gods. Neither edicts of generals nor auspices would be observed. The soldiers, without leave of absence, would straggle at random through the lands of friends and of foes; and regardless of their oath would, influenced solely by a wanton humour, quit the service whenever they might choose. The standards would be unattended and forsaken: the men would neither assemble in pursuance of orders, nor would any distinction be made as to fighting by night or by day, on favourable or unfavourable ground, by order or without the the orders of the general; nor would they observe standards or ranks; the service, instead of being solemn and sacred, would be confused and the result of mere chance, like that of freebooters. Render yourselves then, tribunes of the commons, accountable for all these evils to all future ages. Expose your own persons to these heavy imputations in defence of the licentious conduct of Quintus Fabius."

35. The tribunes now confounded, and more anxiously concerned at their own situation than at his for whom their support was sought, were freed from this embarrassment by the Roman people unanimously having recourse to prayers and entreaties, that the dictator would, for their sakes, remit the punishment of the master of the horse. The tribunes likewise, following the example set them of employing entreaties, earnestly beseech the dictator to pardon human error, to consider the immaturity of the offender's age; that he had suffered sufficiently; and now the youth himself, now his father, Marcus Fabius, disclaiming further contest, fell at the dictator's knees and deprecated his wrath. Then the dictator, after causing silence, said, "Romans, it is well. Military discipline has prevailed; the majesty of government has prevailed; both which were in danger of ceasing this day to exist. Quintus Fabius, who fought contrary to the order of his commander, is not acquitted of guilt; but after being condemned as guilty, is granted as a boon to the Roman people; is granted to the college of tribunes, supporting him with their prayers, not with the regular power of their office. Live, Quintus Fabius, more happy in this united sympathy of the state for your preservation, than in the victory in which you lately exulted. Live, after having ventured on such an act, as your father himself, had he been in the place of Lucius Papirius, would not have pardoned. With me you shall be reconciled whenever you wish it. To the Roman people, to whom you owe your life, you can perform no greater service than to let this day teach you a sufficient lesson to enable you to submit to lawful commands, both in war and peace." He then declared, that he no longer detained the master of the horse, and as he retired from the rostrum, the senate being greatly rejoiced, and the people still more so, gathered round him and escorted him, on one hand commending the dictator, on the other congratulating the master of the horse; while it was considered that the authority of military command was confirmed no less effectually by the danger of Quintus Fabius that the lamentable punishment of young Manlius. It so happened, that, through the course of that year, as often as the dictator left the army the Samnites were in motion: but Marcus Valerius, the lieutenant-general who commanded in the camp, had Quintus Fabius before his eyes for an example, not to fear any violence of the enemy, so much as the unrelenting anger of the dictator. So that when a body of his foragers fell into an ambuscade and were cut to pieces in disadvantageous ground, it was generally believed that the lieutenant-general could have given them assistance if he had not been held in dread by his rigorous orders. The resentment for this also alienated the affections of the soldiery from the dictator, already incensed against him because he had been implacable towards Quintus Fabius, and because he had granted him pardon at the intercession of the Roman people, a thing which he had refused to their entreaties.

36. The dictator, having appointed Lucius Papirius Crassus, as master of the horse, to the command of the city, and prohibited Quintus Fabius from acting in any case as magistrate, returned to the camp; where his arrival brought neither any great joy to his countrymen, nor any degree of terror to the enemy: for on the day following, either not knowing that the dictator had arrived, or little regarding whether he were present or absent, they approached his camp in order of battle. Of such importance, however, was that single man, Lucius Papirius, that had the zeal of the soldiers seconded the dispositions of the commander, no doubt was entertained that an end might have been put that day to the war with the Samnites; so judiciously did he draw up his army with respect to situation and reserves, in such a manner did he strengthen them with every advantage of military skill: but the soldiers exerted no vigour; and designedly kept from conquering, in order to injure the reputation of their leader. Of the Samnites, however, very many were slain; and great numbers of the Romans wounded. The experienced commander quickly perceived the circumstance which prevented his success, and that it would be necessary to moderate his temper, and to mingle mildness with austerity. Accordingly, attended by the lieutenants-general, going round to the wounded soldiers, thrusting his head into their tents, and asking them, one by one, how they were in health; then, mentioning them by name, he gave them in charge to the officers, tribunes, and praefects. This behaviour, popular in itself, he maintained with such dexterity, that by his attention to their recovery he gradually gained their affection; nor did any thing so much contribute towards their recovery as the circumstance of this attention being received with gratitude. The army being restored to health, he came to an engagement with the enemy; and both himself and the troops, being possessed with full confidence of success, he so entirely defeated and dispersed the Samnites, that that was the last day they met the dictator in the field. The victorious army, afterwards, directed its march wherever a prospect of booty invited, and traversed the enemies' territories, encountering not a weapon, nor any opposition, either openly or by stratagem. It added to their alacrity, that the dictator had, by proclamation, given the whole spoil to the soldiers; so that they were animated not only by the public quarrel, but by their private emolument. Reduced by these losses, the Samnites sued to the dictator for peace, and, after they had engaged to supply each of his soldiers with a suit of clothes and a year's pay, being ordered to apply to the senate, they answered, that they would follow the dictator, committing their cause wholly to his integrity and honour. On this the troops were withdrawn out of Samnium.

37. The dictator entered the city in triumph; and, though desirous of resigning his office immediately, yet, by order of the senate, he held it until the consuls were elected: these were Caius Sulpicius Longus a second time, and Quintus AEmilius Cerretanus. The Samnites, without finishing the treaty of peace, the terms being still in negotiation, brought home with them a truce for a year. Nor was even that faithfully observed; so strongly was their inclination for war excited, on hearing that Papirius was gone out of office. In this consulate of Caius Sulpicius and Quintus AEmilius, (some histories have Aulius,) to the revolt of the Samnites was added a new war with the Apulians. Armies were sent against both. The Samnites fell by lot to Sulpicius, the Apulians to AEmilius. Some writers say, that this war was not waged with the Apulians, but that the allied states of that nation were defended against the violence and injustice of the Samnites. But the circumstances of the Samnites, who could with difficulty, at that period, support a war in which themselves were engaged, render it more probable that they did not make war on the Apulians, but that both nations were in arms against the Romans at the same time. However, no memorable event occurred. The lands of the Apulians and of Samnium were utterly laid waste; but in neither quarter were the enemy to be found. At Rome, an alarm, which happened in the night, suddenly roused the people from their sleep, in such a fright, that the Capitol and citadel, the walls and gates, were all filled with men in arms. But after they had called all to their posts, and run together in bodies, in every quarter, when day approached, neither the author nor cause of the alarm could be discovered. This year, in pursuance to the advice of Flavius, the Tusculans were brought to a trial before the people. Marcus Flavius, a tribune of the commons, proposed, that punishment should be inflicted on those of the Tusculans, "by whose advice and assistance the Veliternians and Privernians had made war on the Roman people." The Tusculans, with their wives and children, came to Rome. The whole party in mourning habits, like persons under accusation, went round the tribes, throwing themselves at the feet of the citizens. The compassion thus excited operated more effectually towards procuring them pardon, than all their arguments did towards clearing them of guilt. Every one of the tribes, except the Pollian, negatived the proposition. The sentence of the Pollian tribe was, that the grown-up males should be beaten and put to death, and their wives and children sold by auction, according to the rules of war. It appears that the resentment which rose against the advisers of so rigorous a measure, was retained in memory by the Tusculans down to the age of our fathers; and that hardly any candidate of the Pollian tribe could, ever since, gain the votes of the Papirian.

38. On the following year, in the consulate of Quintus Fabius and Lucius Fulvius, Aulus Cornelius Arvina being made dictator, and Marcus Fabius Ambustus master of the horse, a levy being held with more than usual rigour in consequence of their apprehension of a very serious war in Samnium, (for it was reported that some young men had been hired from their neighbours,) led forth a very strong army against the Samnites. Although in a hostile country, their camp was pitched in as careless a manner as if the foe were at a great distance; when, suddenly, the legions of the Samnites approached with so much boldness as to advance their rampart close to an out-post of the Romans. Night was now coming on; that prevented their assaulting the works; but they did not conceal their intention of doing so next day, as soon as the light should appear. The dictator found that there would be a necessity for fighting sooner than he had expected, and lest the situation should be an obstruction to the bravery of the troops, he led away the legions in silence, leaving a great number of fires the better to deceive the enemy. On account of the proximity of the camps, however, he could not escape their observation: their cavalry instantly pursued, and pressed closely on his troops, in such a way as to refrain from attacking them until the day appeared. Their infantry did not even quit their camp before daylight. As soon as it was dawn, the cavalry venturing to attack the enemy by harassing the Roman rear, and pressing them in places of difficult passage, considerably delayed their march. Meanwhile their infantry overtook the cavalry; and now the Samnites pursued close with their entire force. The dictator then, finding that he could no longer go forward without great inconvenience, ordered the spot where he stood to be measured out for a camp. But it was impossible, while the enemy's horse were spread about on every side, that palisades could be brought, and the work be begun: seeing it, therefore, impracticable, either to march forward or to settle himself there, he drew up his troops for battle, removing the baggage out of the line. The enemy likewise formed their line opposite to his; fully equal both in spirit and in strength. Their courage was chiefly improved from not knowing that the motive of the Romans' retreat was the incommodiousness of the ground, so that they imagined themselves objects of terror, and supposed that they were pursuing men who fled through fear. This kept the balance of the fight equal for a considerable time; though, of late, it had been unusual with the Samnites to stand even the shout of a Roman army. Certain it is, that the contest, on this day, continued so very doubtful from the third hour to the eighth, that neither was the shout repeated, after being raised at the first onset, nor the standards moved either forward or backward; nor any ground lost on either side. They fought without taking breath or looking behind them, every man in his post, and pushing against their opponents with their shields. The noise continuing equal, and the terror of the fight the same, seemed to denote, that the decision would be effected either by fatigue or by the night. The men had now exhausted their strength, the sword its power, and the leaders their skill; when, on a sudden, the Samnite cavalry, having learned from a single troop which had advanced beyond the rest, that the baggage of the Romans lay at a distance from their army, without any guard or defence; through eagerness for booty, they attack it: of which the dictator being informed by a hasty messenger, said, "Let them only encumber themselves with spoils." Afterwards came several, one after another, crying out, that they were plundering and carrying off all the effects of the soldiers: he then called to him the master of the horse, and said, "Do you see, Marcus Fabius, that the fight has been forsaken by the enemy's cavalry? They are entangled and encumbered with our baggage. Attack them whilst scattered about, as is the case of every multitude employed in plundering; you will find few mounted on horseback, few with swords in their hands; and, while they are loading their horses with spoil, and unarmed, put them to the sword, and make it bloody spoil for them. I will take care of the legions, and the fight of the infantry: yours be the honour which the horse shall acquire."

39. The body of cavalry, in the most exact order possible, charging the enemy, who were straggling and embarrassed, filled every place with slaughter: for amid the packages which they hastily threw down, and which lay in the way of their feet, and of the affrighted horses, as they endeavoured to escape, being now unable either to fight or fly, they are slaughtered. Then Fabius, after he had almost entirely cut off the enemy's horse, led round his squadrons in a small circuit, and attacked the infantry in the rear. The new shout, raised in that quarter, terrified the Samnites on the one hand; and when, on the other, the dictator saw their troops in the van looking behind them, their battalions in confusion, and their line wavering, he earnestly exhorted and animated his men, calling on the tribunes and chief centurions, by name, to join him in renewing the fight. Raising the shout anew, they pressed forward, and as they advanced, perceived the enemy more and more confused. The cavalry now could be seen by those in front, and Cornelius, turning about to the several companies, made them understand, by raising his voice and hands, that he saw the standards and bucklers of his own horsemen. On hearing which, and at the same time seeing them, they, at once, so far forgot the fatigue which they had endured through almost the whole day, and even their wounds, that they rushed on against the enemy with as much vigour and alacrity as if they were coming fresh out of camp on receiving the signal for battle. The Samnites could no longer sustain the charge of horse and foot together; part of them, enclosed on both sides, were cut off; the rest were scattered and fled different ways. The infantry slew those who were surrounded and made resistance; and the cavalry made great havoc of the fugitives, among whom fell their general. This battle crushed, at length, the power of the Samnites so effectually, that, in all their meetings, they said, "it was not at all to be wondered at, if in an impious war, commenced in violation of a treaty, when the gods were, with justice, more incensed against them than men, they succeeded in none of their undertakings. That war must be expiated and atoned for with a heavy penalty. The only alternative they had, was whether the penalty should be the guilty blood of a few, or the innocent blood of all." Some now ventured to name the authors of the war; one name in particular, by the united voices of all, was mentioned, that of Brutulus Papius; he was a man of power and noble birth, and undoubtedly the violator of the late truce. The praetors being compelled to take the opinion of the assembly concerning him, a decree was made, "that Brutulus Papius should be delivered into the hands of the Romans; and that, together with him, all the spoil taken from the Romans, and the prisoners, should be sent to Rome, and that the restitution demanded by the heralds, in conformity to treaty, should be made, as was agreeable to justice and equity." In pursuance of this determination heralds were sent to Rome, and also the dead body of Brutulus; for, by a voluntary death, he avoided the punishment and ignominy intended for him. It was thought proper that his goods also should be delivered up along with the body. But none of all those things were accepted, except the prisoners, and such articles of the spoil as were recognised by the owners. The dictator obtained a triumph by a decree of the senate.

40. Some writers affirm, that this war was conducted by the consuls, and that they triumphed over the Samnites; and also, that Fabius advanced into Apulia, and carried off from thence abundance of spoil. But that Aulus Cornelius was dictator that year is an undisputed fact. The question then is, whether he was appointed for the purpose of conducting the war, or on occasion of the illness of Lucius Plautius, the praetor; in order that there might be a magistrate to give the signal for the starting of the chariots at the Roman games. This latter is asserted of him; and that after performing the business, which in truth reflected no great lustre on his office, he resigned the dictatorship. It is not easy to determine between either the facts or the writers, which of them deserves the preference: I am inclined to think that history has been much corrupted by means of funeral panegyrics and false inscriptions on statues; each family striving by false representations to appropriate to itself the fame of warlike exploits and public honours. From this cause, certainly, both the actions of individuals and the public records of events have been confused. Nor is there extant any writer, contemporary with those events, on whose authority we can with certainty rely.

END OF VOL. I.

JOHN CHILDS AND SON, BUNGAY.