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The History of Rome, Books 01 to 08
by Titus Livius
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31. Whilst these things are going on among the Volsci, the dictator routs, puts to flight, and strips of their camp, the Sabines, where by far the most serious part of the war lay. By a charge of his cavalry he had thrown into confusion the centre of the enemy's line, where, by the wings extending themselves too far, they had not strengthened their line by a suitable depth of files.[86] The infantry fell upon them in this confusion, by one and the same charge their camp was taken and the war concluded. There was no other battle in those times more memorable than this since the action at the lake Regillus. The dictator is borne into the city in triumph. Besides the usual honours, a place in the circus was assigned to him and his descendants, to see the public games; a curule chair was fixed in that place. The lands of Velitrae were taken from the conquered Volsci: colonists were sent from the city to Velitrae, and a colony planted there. Soon after there was an engagement with the AEqui, but contrary to the wish of the consul, because they had to approach the enemy by disadvantageous ground. But the soldiers complaining that the war was on purpose spun out, that the dictator might resign his office before they returned home to the city, and so his promises might fall to the ground without effect, as those of the consul had done before, forced him at all hazards to march his army up the hill. This imprudent step, by the cowardice of the enemy, turned out successfully; for before the Romans came within reach of a dart, the AEqui, quite amazed at their boldness, abandoned their camp, which was situated in a very strong position, and ran down into the valleys on the opposite side.[87] In it abundance of booty was found, and the victory was a bloodless one. Matters being thus successfully managed in war in three different directions, anxiety respecting the event of their domestic differences had left neither the senators nor the people. With such powerful influence, and with such art also, had the money-lenders made their arrangements, so as to disappoint not only the people, but even the dictator himself. For Valerius, after the return of the consul Vetusius, first of all matters brought before the senate that relating to the victorious people, and proposed the question, what it was their determination should be done with respect to those confined for debt. And when this motion was rejected, "I am not acceptable," says he, "as an adviser of concord. You will ere long wish, depend on it, that the commons of Rome had patrons similar to me. For my part, I will neither further disappoint my fellow citizens, nor will I be dictator to no purpose. Intestine dissensions, foreign wars, caused the republic to require such a magistrate. Peace has been secured abroad, it is impeded at home. I will be a witness to disturbance as a private citizen rather than as dictator." Then quitting the senate-house, he abdicated his dictatorship. The case appeared to the commons, that he had resigned his office indignant at the treatment shown to them. Accordingly, as if his engagements to them had been fully discharged, since it had not been his fault that they were not made good, they attended him when returning to his home with approbation and applause.

[Footnote 86: i. e. by deepening the files.]

[Footnote 87: "On the opposite side." Gronovius proposes instead of adversus to read aversas: scil. the valleys behind them, or in their rear.]

32. Fear then seized the senators lest, if the army should be dismissed, secret meetings and conspiracies would be renewed; wherefore though the levy had been held by the dictator, yet supposing that, as they had sworn obedience to the consuls, the soldiers were bound by their oath, under the pretext of hostilities being renewed by the AEqui, they ordered the legions to be led out of the city; by which proceeding the sedition was hastened. And it is said that at first it was in contemplation to put the consuls to death, that they might be discharged from their oath: but that being afterwards informed that no religious obligation could be dissolved by a criminal act, they, by the advice of one Sicinius, retired, without the orders of the consuls, to the sacred mount, beyond the river Anio, three miles from the city: this account is more general than that which Piso has given, that the secession was made to the Aventine. There without any leader, their camp being fortified with a rampart and trench, remaining quiet, taking nothing but what was necessary for sustenance, they kept themselves for several days, neither being attacked, nor attacking others. Great was the panic in the city, and through mutual fear all was suspense. The people left in the city dreaded the violence of the senators; the senators dreaded the people remaining in the city, uncertain whether they should prefer them to stay or to depart; but how long would the multitude which had seceded, remain quiet? what were to be the consequences then, if, in the mean time, any foreign war should break out? they certainly considered no hope left, save in the concord of the citizens; this should be restored to the state by fair or by unfair means. It was resolved therefore that there should be sent as ambassador to the people, Menenius Agrippa, an eloquent man, and one who was a favourite with the people, because he derived his origin from them. He being admitted into the camp, is said to have related to them merely the following story in that antiquated and uncouth style; "At a time when all the parts in the human body did not, as now, agree together, but the several members had each its own scheme, its own language, the other parts, indignant that every thing was procured for the belly by their care, labour, and service; that the belly, remaining quiet in the centre, did nothing but enjoy the pleasures afforded it. They conspired accordingly, that the hands should not convey food to the mouth, nor the mouth receive it when presented, nor the teeth chew it: whilst they wished under the influence of this feeling to subdue the belly by famine, the members themselves and the entire body were reduced to the last degree of emaciation. Thence it became apparent that the service of the belly was by no means a slothful one; that it did not so much receive nourishment as supply it, sending to all parts of the body this blood by which we live and possess vigour, distributed equally to the veins when perfected by the digestion of the food." By comparing in this way how similar the intestine sedition of the body was to the resentment of the people against the senators, he made an impression on the minds of the multitude.

33. Then a commencement was made to treat of a reconciliation, and among the conditions it was allowed, "that the commons should have their own magistrates, with inviolable privileges, who should have the power of bringing assistance against the consuls, and that it should not be lawful for any of the patricians to hold that office." Thus two tribunes of the commons were created, Caius Licinius and L. Albinus. These created three colleagues for themselves. It is clear that among these was Sicinius, the adviser of the sedition; with respect to two, who they were is not so clear. There are some who say, that only two tribunes were elected on the sacred mount, and that there the devoting law was passed. During the secession of the commons, Sp. Cassius and Postumus Cominius entered on the consulship. During their consulate, the treaty with the Latin states was concluded. To ratify this, one of the consuls remained at Rome; the other being sent to the Volscian war, routs and puts to flight the Volscians of Antium, and continuing his pursuit of them, now that they were driven into the town of Longula, he takes possession of the town. Next he took Polusca, also belonging to the Volscians; then he attacked Corioli with all his force. There was then in the camp, among the young noblemen, C. Marcius, a youth distinguished both for intelligence and courage, who afterwards attained the cognomen of Coriolanus. When, as the Roman army was besieging Corioli, and was wholly intent on the townspeople, whom they kept shut up, without any apprehension of war threatening from without, the Volscian legion, setting out from Antium, suddenly attacked them, and, at the same time the enemy sallied forth from the town, Marcius happened to be on guard. He with a chosen body of men not only repelled the attack of those who had sallied out, but boldly rushed in through the open gate, and having cut down all in the part of the city nearest him, and having hastily seized some fire, threw it in the houses adjoining to the wall. Upon this the shouts of the townsmen mingling with the wailings of the women and children, occasioned by the first fright,[88] as is usual, both increased the courage of the Romans, and dispirited the Volscians, seeing the city captured to the relief of which they had come. Thus the Volsci of Antium were defeated, the town of Corioli was taken. And so much did Marcius by his valour eclipse the reputation of the consul, that had not the treaty concluded with the Latins by Sp. Cassius alone, because his colleague was absent, served as a memorial of it, it would have been forgotten that Postumus Cominius had conducted the war with the Volscians. The same year dies Agrippa Menenius, a man during all his life equally a favourite with the senators and commons, still more endeared to the commons after the secession. To this man, the mediator and umpire in restoring concord among his countrymen, the ambassador of the senators to the commons, the person who brought back the commons to the city, were wanting the expenses of his funeral. The people buried him by the contribution of a sextans from each person.

[Footnote 88: I have here adopted the reading of Stacker and others, scil. ad terrorem, ut solet, primum ortus.]

34. T. Geganius and P. Minutius were next elected consuls. In this year, when every thing was quiet from war abroad, and the dissensions were healed at home, another much more serious evil fell upon the state; first a scarcity of provisions, in consequence of the lands lying untilled during the secession of the commons; then a famine such as befals those who are besieged. And it would have ended in the destruction of the slaves at least, and indeed some of the commons also, had not the consuls adopted precautionary measures, by sending persons in every direction to buy up corn, not only into Etruria on the coast to the right of Ostia, and through the Volscians along the coast on the left as far as Cumas, but into Sicily also, in quest of it. So far had the hatred of their neighbours obliged them to stand in need of aid from distant countries. When corn had been bought up at Cumae, the ships were detained in lieu of the property of the Tarquinii by the tyrant Aristodemus, who was their heir. Among the Volsci and in the Pomptine territory it could not even be purchased. The corn dealers themselves incurred danger from the violence of the inhabitants. Corn came from Etruria by the Tiber: by means of this the people were supported. Amid this distressing scarcity they would have been harassed by a very inconvenient war, had not a dreadful pestilence attacked the Volsci when about to commence hostilities. The minds of the enemy being alarmed by this calamity, so that they were influenced by some terror, even after it had abated, the Romans both augmented the number of their colonists at Velitrae, and despatched a new colony to the mountains of Norba, to serve as a barrier in the Pomptine district. Then in the consulship of M. Minucius, and A. Sempronius, a great quantity of corn was imported from Sicily, and it was debated in the senate at what rate it should be given to the commons. Many were of opinion, that the time was come for putting down the commons, and for recovering those rights which had been wrested from the senators by secession and violence. In particular, Marcius Coriolanus, an enemy to tribunitian power, says, "If they desire the former rate of provisions, let them restore to the senators their former rights. Why do I, after being sent under the yoke, after being, as it were, ransomed from robbers, behold plebeian magistrates, and Sicinius invested with power? Shall I submit to these indignities longer than is necessary? Shall I, who would not have endured King Tarquin, tolerate Sicinius. Let him now secede, let him call away the commons. The road lies open to the sacred mount and to other hills. Let them carry off the corn from our lands, as they did three years since. Let them have the benefit of that scarcity which in their frenzy they have occasioned. I will venture to say, that, brought to their senses by these sufferings, they will themselves become tillers of the lands, rather than, taking up arms and seceding, they would prevent them from being tilled." It is not so easy to say whether it should have been done, as I think that it might have been practicable for the senators, on the condition of lowering the price of provisions, to have rid themselves of both the tribunitian power, and all the restraints imposed on them against their will.[89]

[Footnote 89: i. e. I think it might have been done; whether it would have been right to do so, it is not so easy to decide. Livy means to say that it was possible enough for the senators, by lowering the price of corn, to get rid of the tribunes, &c. Such a judgment is easily formed; it is not, however, he says, so easy to determine, whether it would have been expedient to follow the advice of Coriolanus.]

35. This proposal both appeared to the senate too harsh, and from exasperation well nigh drove the people to arms: "that they were now assailed with famine, as if enemies, that they were defrauded of food and sustenance, that the foreign corn, the only support which fortune unexpectedly furnished to them, was being snatched from their mouth, unless the tribunes were given up in chains to C. Marcius, unless he glut his rage on the backs of the commons of Rome. That in him a new executioner had started up, who ordered them to die or be slaves." An assault would have been made on him as he left the senate-house, had not the tribunes very opportunely appointed him a day for trial; by this their rage was suppressed, every one saw himself become the judge, the arbiter of the life and death of his foe. At first Marcius heard the threats of the tribunes with contempt.—"That the right to afford aid, not to inflict punishment, had been granted to that office; that they were tribunes of the commons and not of the senators." But the commons had risen with such violent determination, that the senators were obliged to extricate themselves from danger by the punishment of one.[90] They resisted however, in spite of popular odium, and employed, each individual his own powers, and all those of the entire order. And first, the trial was made whether they could upset the affair, by posting their clients (in several places), by deterring individuals from attending meetings and cabals. Then they all proceeded in a body (you would suppose that all the senators were on their trial) earnestly entreating the commons, that if they would not acquit as innocent, they would at least pardon as guilty, one citizen, one senator. As he did not attend on the day appointed, they persevered in their resentment. Being condemned in his absence, he went into exile to the Volsci, threatening his country, and even then breathing all the resentment of an enemy. The Volsci received him kindly on his arrival, and treated him still more kindly every day in proportion as his resentful feelings towards his countrymen became more striking, and one time frequent complaints, another time threats were heard. He lodged with Attius Tullus. He was then the chief man of the Volscian people, and always a determined enemy of the Romans. Thus, when old animosity stimulated the one, recent resentment the other, they concert schemes for (bringing about) a war with Rome. They did not at once believe that their people could be persuaded to take up arms, so often unsuccessfully tried. That by the many frequent wars, and lastly, by the loss of their youth in the pestilence, their spirits were now broken; that they must have recourse to art, in a case where animosity had become blunted from length of time, that their feelings might become exasperated by some fresh cause of resentment.

[Footnote 90: i. e. the senate found themselves reduced to the necessity of delivering one up to the vengeance of the people, in order to save themselves from the further consequences of plebeian rage.]

36. It happened that preparations were being made at Rome for a repetition of the [91]great games; the cause of repeating them was this: on the morning of the games, the show not yet being commenced, a master of a family, after flogging his slave loaded with a neck-yoke, had driven him through the middle of the circus; after this the games were commenced, as if that circumstance bore no relation to religion. Not long after Tit. Atinius, a plebeian, had a dream. Jupiter seemed to him to say; "that the person who danced previous to the games had displeased him; unless these games were renewed on a splendid scale, that the city would be in danger; that he should go and announce these things to the consuls." Though his mind was not altogether free from superstitious feelings, his respectful awe of the dignity of the magistrates overcame his religious fear, lest he might pass into the mouths of people as a laughing-stock. This delay cost him dear; for he lost his son within a few days; and lest the cause of this sudden calamity should be doubtful, that same phantom, presenting itself to him sorrowful in mind, seemed to ask him, whether he had received a sufficient requital for his contempt of the deity; that a still heavier one awaited him, unless he went immediately and delivered the message to the consuls. The matter was now still more pressing. Hesitating, however, and delaying he was at length overtaken by a severe stroke of disease, a sudden paralysis. Then indeed the anger of the gods aroused him. Wearied out therefore by his past sufferings and by those threatening him, having convened a meeting of his friends, after he had detailed to them all he had seen and heard, and Jupiter's having so often presented himself to him in his sleep, the threats and anger of heaven realized[92] in his own calamities, by the unhesitating assent of all who were present he is conveyed in a litter into the forum to the consuls; from thence being conveyed into the senate-house, after he had stated those same particulars to the senators, to the great surprise of all, behold another miracle: he who had been conveyed into the senate-house deprived of the use of all his limbs, is recorded to have returned home on his own feet after he discharged his duty.

[Footnote 91: The same as the Circenses.]

[Footnote 92: Realizedrepraesentatas—quasi praesentes factas, oculis subjectas—presented as it were to the sight.—Rasch.]

37. The senate decreed that the games should be celebrated on as grand a scale as possible. To these games a great number of Volscians came by the advice of Attius Tullus. Before the games were commenced, Tullus, as had been concerted at home with Marcius, comes to the consuls. He tells them that there were matters on which he wished to treat with them in private concerning the commonwealth. All witnesses being removed, he says, "With reluctance I say that of my countrymen which is rather disparaging.[93] I do not however come to allege against them any thing as having been committed by them, but to guard against their committing any thing. The minds of our people are far more fickle than I could wish. We have felt that by many disasters; seeing that we are still preserved, not through our own deserts, but through your forbearance. There is now here a great multitude of Volscians. The games are going on; the city will be intent on the exhibition. I remember what has been committed in this city on a similar occasion by the youth of the Sabines. My mind shudders lest any thing should be committed inconsiderately and rashly. I considered, that these matters should be mentioned before-hand to you, consuls. With regard to myself, it is my determination to depart hence home immediately, lest, if present, I may be affected by the contagion of any word or deed." Having said this, he departed. When the consuls laid before the senate the matter, doubtful with respect to proof, though from credible authority, the authority more than the thing itself, as usually happens, urged them to adopt even needless precautions; and a decree of the senate being passed, that the Volscians should quit the city, criers are sent in different directions to order them all to depart before night. A great panic struck them at first as they ran about to their lodgings to carry away their effects. Afterwards, when setting out, indignation arose in their breasts: "that they, as if polluted with crime and contaminated, were driven away from the games, on festival days, from the converse in a manner of men and gods."

[Footnote 93: Sequius sit—otherwise than as it should be.]

38. As they went along in an almost continuous body, Tullus having preceded them to the fountain of Ferentina, accosting the chiefs among them according as each arrived, by asking questions and expressing indignation, he led both themselves, who greedily listened to language congenial[94] to their angry feelings, and through them the rest of the multitude, into a plain adjoining to the road. There having commenced an address after the manner of a public harangue, he says, "Though you were to forget the former ill treatment of the Roman people and the calamities of the nation of the Volsci, and all other such matters, with what feelings do you bear this outrage offered you to-day, whereon they have commenced their games by insulting us? Have you not felt that a triumph has been had over you this day? that you, when departing, were a spectacle to all, citizens, foreigners, so many neighbouring states? that your wives, your children were exhibited before the eyes of men? What do you suppose to have been the sentiments of those who heard the voice of the crier? what of those who saw you departing? what of those who met this ignominious cavalcade? what, except that we are identified with some enormous guilt by which we should profane the games, and render an expiation necessary; that for this reason we are driven away from the residences of these pious people, from their converse and meeting? what, does it not strike you that we still live because we hastened our departure? if this is a departure and not a flight. And do you not consider this to be the city of enemies, where if you had delayed a single day, you must have all died? War has been declared against you; to the heavy injury of those who declared it, if you are men." Thus, being both already charged with resentment, and incited (by this harangue) they went severally to their homes, and by instigating each his own state, they succeeded in making the entire Volscian nation revolt.

[Footnote 94: Audientes secunda irae verba—attentively listening to words which fanned (or chimed in with) their anger.—St.]

39. The generals selected for that war by the unanimous choice of all the states were Attius Tullus and Caius Marcius; in the latter of whom their chief hope was reposed. And this hope he by no means disappointed: so that it clearly appeared that the Roman commonwealth was more powerful by reason of its generals than its army. Having marched to Circeii, he expelled from thence the Roman colonists, and delivered that city in a state of freedom to the Volscians. From thence passing across the country through by-roads into the Latin way, he deprived the Romans of their recently acquired towns, Satricum, Longula, Polusca, Corioli. He next retook Lavinium: he then took in succession Corbio, Vitellia, Trebia, Lavici, and Pedum: Lastly he marches from Pedum to the city,[95] and having pitched his camp at the Cluilian trenches five miles from the city, he from thence ravages the Roman territory, guards being sent among the devastators to preserve the lands of the patricians intact; whether as being incensed chiefly against the plebeians, or in order that dissension might arise between the senators and the people. And this certainly would have arisen, so powerfully did the tribunes, by inveighing against the leading men of the state, incite the plebeians, already sufficiently violent of themselves; but their apprehensions of the foe, the strongest bond of concord, united their minds, distrustful and rancorous though they were. The only matter not agreed on was this, that the senate and consuls rested their hopes on nothing else than on arms; the plebeians preferred any thing to war. Sp. Nautius and Sex. Furius were now consuls. Whilst they were reviewing the legions, posting guards along the walls and other places where they had determined that there should be posts and watches, a vast multitude of persons demanding peace terrified them first by their seditious clamour; then compelled them to convene the senate, to consider the question of sending ambassadors to C. Marcius. The senate entertained the question, when it became evident that the spirits of the plebeians were giving way, and ambassadors being sent to Marcius concerning peace, brought back a harsh answer: "If their lands were restored to the Volscians, that they might then consider the question of peace; if they were disposed to enjoy the plunder of war at their ease, that he, mindful both of the injurious treatment of his countrymen, as well as of the kindness of strangers, would do his utmost to make it appear that his spirit was irritated by exile, not crushed." When the same persons are sent back a second time, they are not admitted into the camp. It is recorded that the priests also, arrayed in their insignia, went as suppliants to the enemy's camp; and that they did not influence his mind more than the ambassadors.

[Footnote 95: Scil. Rome. Dionysius narrates the expedition of Coriolanus in a different order from that given by Livy, and says that he approached the city twice. Niebuhr, ii. p. 94, n. 535, thinks that the words "passing across the country into the Latin way" (in Latinam viam transversis itineribus transgressus) have been transposed from their proper place, and that they should come in after "he then took," &c. (tunc deinceps).]

40. Then the matrons assemble in a body around Veturia, the mother of Coriolanus, and his wife, Volumnia: whether that was the result of public counsel, or of the women's fear, I cannot ascertain. They certainly carried their point that Veturia, a lady advanced in years, and Volumnia, leading her two sons by Marcius, should go into the camp of the enemy, and that women should defend by entreaties and tears a city which men were unable to defend by arms. When they reached the camp, and it was announced to Coriolanus, that a great body of women were approaching, he, who had been moved neither by the majesty of the state in its ambassadors, nor by the sanctity of religion so strikingly addressed to his eyes and understanding in its priests, was much more obdurate against the women's tears. Then one of his acquaintances, who recognised Veturia, distinguished from all the others by her sadness, standing between her daughter-in-law and grand-children, says, "Unless my eyes deceive me, your mother, children, and wife, are approaching." When Coriolanus, almost like one bewildered, rushing in consternation from his seat, offered to embrace his mother as she met him, the lady, turning from entreaties to angry rebuke, says, "Before I receive your embrace, let me know whether I have come to an enemy or to a son; whether I am in your camp a captive or a mother? Has length of life and a hapless old age reserved me for this—to behold you an exile, then an enemy? Could you lay waste this land, which gave you birth and nurtured you? Though you had come with an incensed and vengeful mind, did not your resentment subside when you entered its frontiers? When Rome came within view, did it not occur to you, within these walls my house and guardian gods are, my mother, wife, and children? So then, had I not been a mother, Rome would not be besieged: had I not a son, I might have died free in a free country. But I can now suffer nothing that is not more discreditable to you than distressing to me; nor however wretched I may be, shall I be so long. Look to these, whom, if you persist, either an untimely death or lengthened slavery awaits." Then his wife and children embraced him: and the lamentation proceeding from the entire crowd of women, and their bemoaning themselves and their country, at length overcame the man; then, after embracing his family, he sends them away; he moved his camp farther back from the city. Then, after he had drawn off his troops from the Roman territory, they say that he lost his life, overwhelmed by the odium of the proceeding: different writers say by different modes of death: I find in Fabius, far the most ancient writer, that he lived even to old age; he states positively, that advanced in years he made use of this phrase, "That exile bore much heavier on the old man." The men of Rome were not remiss in awarding their praises to the women, so truly did they live without detracting from the merit of others; a temple was built also and dedicated to female Fortune, to serve as a monument. The Volscians afterwards returned in conjunction with the AEqui into the Roman territory: but the AEqui would no longer have Attius Tullus as their leader; hence from dispute, whether the Volscians or the AEqui should give a general to the allied army, a sedition, and afterwards a furious battle arose. There the good fortune of the Roman people destroyed the two armies of the enemy, by a contest no less bloody than obstinate. T. Sicinius and C. Aquillius were made consuls. The Volsci fell as a province to Sicinius; the Hernici (for they too were in arms) to Aquillius. That year the Hernici were defeated; they came off with respect to the Volscians on equal terms.

41. Sp. Cassius and Proculus Virginius were next made consuls; a treaty was struck with the Hernici; two-thirds of their land were taken from them: of this the consul Cassius was about to distribute one half among the Latins, the other half among the commons. To this donation he was adding a considerable portion of land, which, though public property, he alleged was possessed by private individuals. This proceeding alarmed several of the senators, the actual possessors, at the danger of their property; the senators felt, moreover, a solicitude on public grounds, that the consul by his donation was establishing an influence dangerous to liberty. Then, for the first time, the Agrarian law was proposed, which even down to our own recollection was never agitated without the greatest commotions in the state. The other consul resisted the donation, the senators seconding him, nor were all the commons opposed to him; they had at first begun to despise a gift which was extended from citizens to allies: in the next place they frequently heard the consul Virginius in the assemblies as it were prophesying—"that the gift of his colleague was pestilential—that those lands were sure to bring slavery to those who should receive them; that the way was paving to a throne." For why was it that the allies were included, and the Latin nation? What was the object of a third of the land that had been taken being given back to the Hernici so lately our enemies, except that instead of Coriolanus being their leader they may have Cassius? The dissuader and opposer of the agrarian law now began to be popular. Both consuls then vied with each other in humouring the commons. Virginius said that he would suffer the lands to be assigned, provided they were assigned to no one but to a Roman citizen. Cassius, because in the agrarian donation he sought popularity among the allies, and was therefore lowered in the estimation of his countrymen, in order that by another donation he might conciliate their affections, ordered that the money received for the Sicilian corn should be refunded to the people. That indeed the people rejected as nothing else than a present bribe for regal authority: so strongly were his gifts spurned in the minds of men, as if they possessed every thing in abundance, in consequence of their inveterate suspicions of his aiming at sovereign power. As soon as he went out of office, it is certain that he was condemned and put to death. There are some who represent his father as the person who inflicted the punishment: that he, having tried him at home, scourged him and put him to death, and consecrated his son's private property to Ceres; that out of this a statue was set up and inscribed, "given from the Cassian family." In some authors I find it stated, and that is more probable, that a day of trial was assigned him for high treason, by the questors, Kaeso Fabius and Lucius Valerius; and that he was condemned by the decision of the people; that his house was demolished by a public decree: this is the area before the temple of Tellus. But whether that trial was private or public, he was condemned in the consulship of Ser. Cornelius and Q. Fabius.

42. The resentment of the people against Cassius was not of long duration. The allurements of the agrarian law, now that its proposer was gone, were of themselves gaining ground in their minds; and this feeling was further heightened by the parsimonious conduct of the senators, who, the Volsci and AEqui having been defeated that year, defrauded the soldiers of the booty; whatever was taken from the enemy, the consul Fabius sold, and lodged the proceeds in the treasury. The Fabian name was odious to the commons on account of the last consul: the senate however succeeded in having Kaeso Fabius elected consul with L. AEmilius. The commons, still further incensed at this, stirred up foreign war by exciting disturbance at home; civil dissensions were then interrupted by war. The senators and commons uniting, under the conduct of AEmilius, conquered in battle the Volsci and AEqui who renewed hostilities. The retreat, however, destroyed more of the enemy than the battle; so perseveringly did the horse pursue them when routed. During the same year, on the ides of July, the temple of Castor was dedicated: it had been vowed during the Latin war in the dictatorship of Posthumius: his son, who was elected duumvir for that special purpose, dedicated it. In that year also the minds of the people were excited by the charms of the agrarian law. The tribunes of the people were for enhancing the popular power (vested in them) by promoting the popular law. The senators, considering that there was enough and more than enough of frenzy in the multitude without any additional incitement, viewed with horror largesses and all inducements to temerity: the senators found in the consuls most energetic abettors in making resistance. That portion of the commonwealth therefore prevailed; and not for the present only, but for the forthcoming year they succeeded in bringing in M. Fabius, Kaeso's brother, as consul, and one still more detested by the commons for his persecution of Sp. Cassius, L. Valerius. In that year also there was a contest with the tribunes. The law proved to be a vain project, and the abettors of the law mere boasters, by their holding out a gift that was not realized. The Fabian name was from thence held in high repute, after three successive consulates, and all as it were uniformly exercised in contending with the tribunes; accordingly, the honour remained for a considerable time in that family, as being right well placed. A Veientian war was then commenced; the Volscians, too, renewed hostilities; but for foreign wars their strength was almost more than sufficient, and they abused it by contending among themselves. To the distracted state of the public mind were added prodigies from heaven, exhibiting almost daily threats in the city and in the country, and the soothsayers, consulted by the state and by private individuals, one while by means of entrails, another by birds, declared that there was no other cause for the divine anger, but that the ceremonies of religion were not duly attended to. These terrors, however, terminated in this, that Oppia, a vestal virgin, being found guilty of a breach of chastity, was made to suffer punishment.

43. Quintus Fabius and C. Julius were then made consuls. During this year the dissension at home was not abated, and the war abroad was more desperate. Arms were taken up by the AEquans; the Veientes also entered the territory of the Romans committing devastations; the solicitude about which wars increasing, Kaeso Fabius and Sp. Fusius are created consuls. The AEqui were laying siege to Ortona, a Latin city. The Veientes, now satiated with plunder, threatened that they would besiege Rome itself. Which terrors, when they ought to assuage, increased still further the bad feelings of the commons: and the custom of declining the military service was now returning, not of their own accord; but Sp. Licinius, a tribune of the people, thinking that the time was come for forcing the agrarian law on the patricians by extreme necessity, had taken on him the task of obstructing the military preparations. But all the odium of the tribunitian power was turned on the author; nor did the consuls rise up against him more zealously than his own colleagues; and by their assistance the consuls hold the levy. An army is raised for the two wars at the same time; one is given to Fabius to be led against the AEqui, the other to Furius against the Veientians. And with respect to the Veientians, nothing was done worthy of mention. Fabius had much more trouble with his countrymen than with the enemy: that one man himself, as consul, sustained the commonwealth, which the army was betraying, far as in them lay, through their hatred of the consul. For when the consul, in addition to his other military talents, which he exhibited amply in his preparations for and conduct of war, had so drawn up his line that he routed the enemy's army solely by a charge of his cavalry, the infantry refused to pursue them when routed: and though the exhortation of their general, whom they hated, could not move them, neither could even their own infamy, and the present public disgrace and subsequent danger, if the enemy should recover courage, oblige them to quicken their pace, or even to stand in order of battle, if nothing else. Without orders they face about, and with a sorrowful air (you would suppose them beaten) they return to the camp, execrating at one time their general, at another time the services rendered by the cavalry. Nor were any remedies sought by the general for this so pestilent an example; so true is it that the most distinguished talents are more likely to be deficient in the tact of managing their countrymen than in that of conquering an enemy. The consul returned to Rome, not having so much increased his military glory as irritated and exasperated the hatred of his soldiers towards him. The patricians, however, succeeded in having the consulship remain in the Fabian family. They elect M. Fabius consul: Cn. Manlius is assigned as a colleague to Fabius.

44. This year also had a tribune as a proposer of the agrarian law. It was Titus Pontificius: he pursuing the same course, as if it had succeeded with Sp. Licinius, obstructed the levy for a little time. The patricians being once more perplexed, Appius Claudius asserts "that the tribunitian power was put down last year: for the present by the very act, for the future by the precedent established, and since it was found that it could be rendered ineffective by its own strength; for that there never would be wanting a tribune who would both be willing to obtain a victory for himself over his colleague, and the favour of the better party by advancing the public weal. That both a plurality of tribunes, if there were need of such plurality, would be ready to assist the consuls; and that even one would be sufficient against all. Only let the consuls and leading members of the senate take care to gain over, if not all, at least some of the tribunes, to the commonwealth and the senate." The senators, convinced by the counsels of Appius, both collectively addressed the tribunes with kindness and civility, and the men of consular rank, according as each possessed personal influence over them individually, partly by conciliation, partly by authority, prevailed so far as to make them consent that the powers of the tribunitian office should be beneficial to the state; and by the aid of four tribunes against one obstructor of the public good, the consuls complete the levy. They then set out to the Veientian war, to which auxiliaries had flocked from all parts of Etruria, collected not so much for the sake of the Veientians, as because they had formed a hope that the Roman state might be destroyed by internal discord. And in the councils of all the states of Etruria the leading men openly stated, "that the Roman power was eternal, unless they were distracted by disturbances among themselves. That this was the only poison, this the bane discovered for powerful states, to render great empires mortal. That this evil, a long time retarded, partly by the wise measures of the patricians, partly by the forbearance of the commons, had now proceeded to extremities. That two states were now formed out of one: that each party had its own magistrates, its own laws. That though at first they were accustomed to be turbulent during the levies, still that these same individuals had ever been obedient to their commanders during war; that military discipline being still retained, no matter what might be the state of the city, it had been possible to withstand the evil; that now the custom of not obeying their superior followed the Roman soldier even to the camp. That in the last war in the very field, in the very heat of battle, by consent of the army the victory was voluntarily surrendered to the vanquished AEqui: that the standards were deserted, the general abandoned on the field, and that the army had returned to the camp without orders. That without doubt, if perseverance were used, Rome might be conquered by her own soldiery. That nothing else was necessary than to declare and make a show of war: that the fates and the gods would of themselves manage the rest." These hopes had armed the Etrurians, who in many vicissitudes had been vanquished and victors.

45. The Roman consuls also dreaded nothing else, than their own strength, and their own arms. The recollection of the destructive precedent set in the last war, deterred them from bringing matters to such a pass as that they should have to fear two armies at the same time. Accordingly they kept within their camp, avoiding this double danger: "that delay and time itself would soften down resentment, and bring a right way of thinking to their minds." The Veientian enemy and the Etrurians proceeded with so much the greater precipitation; they provoked them to battle, first riding up to the camp and challenging them; at length, when they produced no effect by reviling as well the consuls themselves as the army, they stated, "that the pretence of internal dissension was assumed as a cloak for this cowardice; and that the consuls distrusted as much the courage as the obedience of their soldiers. That silence and inaction among men in arms were a novel form of sedition." Besides this they threw out reproaches, both true as well as false, on the upstart quality of their race and origin. Whilst they vociferated these reproaches beneath the very rampart and gates, the consuls bore them without impatience: but at one time indignation, at another time shame, distracted the breasts of the ignorant multitude, and diverted their attention from intestine evils; they were unwilling that the enemy should come off unpunished; they were unwilling that success should accrue to the patricians or the consuls; foreign and domestic hatred struggled for mastery in their breasts; at length the former prevail, so haughtily and insolently did the enemy revile them; they crowd in a body to the general's tent; they demand battle, they require that the signal be given. The consuls confer together as if to deliberate; they continue the conference for a long time; they were desirous of fighting, but that desire must be checked and concealed, that by opposition and delay they might increase the ardour of the soldiery once roused. An answer is returned, "that the matter in question was premature, that it was not yet time for fighting: that they should keep within their camp." They then issue a proclamation, "that they should abstain from fighting; that if any one fought without orders, they should punish him as an enemy." When they were thus dismissed, their eagerness for fighting increases in proportion as they think that the consuls were less disposed for it; the enemies moreover come up much more insolently, as soon as it was known that the consuls had determined not to fight. For they supposed "that they might insult them with impunity; that their arms were not intrusted to the soldiery. That the matter would explode in a violent mutiny; that a termination had come to the Roman empire." Relying on these hopes, they run up to the gates, heap reproaches on them, with difficulty refrain from assaulting the camp. Now indeed the Romans could no longer endure these insults; they crowd from every quarter of the camp to the consuls: they no longer, as formerly, make their demand with reserve, through the mediation of the centurions of the first rank; but all proceed indiscriminately with loud clamours. The affair was now ripe; still they put it off. Fabius then, his colleague giving way in consequence of his dread of mutiny being now augmented by the uproar, after he had commanded silence by sound of trumpet, says, "that these men are able to conquer, Cneius Manlius, I know; that they are willing they themselves have prevented me from knowing. It is therefore resolved and determined not to give the signal, unless they swear that they will return victorious from this battle. The soldier has once deceived the Roman consul in the field, the gods he never will deceive." There was a centurion, Marcus Flavoleius, one of the foremost in demanding battle; he says, "M. Fabius, I will return victorious from the field." If he deceived, he invokes the anger of father Jove, Mars Gradivus, and of the other gods. After him the entire army severally take the same oath. The signal is given to them when sworn; they take up arms, go into battle, full of rage and of hope. They bid the Etrurians now to cast their reproaches; they severally require that the enemy, once so ready with the tongue, should now stand before them armed as they were. On that day the bravery of all, both commons and patricians, was extraordinary: the Fabian name, the Fabian race shone forth most conspicuous: they are determined to recover in that battle the affections of the commons, which during many civil contests had been alienated from them. The line of battle is formed; nor do the Veientian foe and the Etrurian legions decline the contest.

46. An almost certain hope was entertained that they would no more fight with them than they had done with the AEqui; that even some more serious attempt was not to be despaired of, considering the irritated state of their feelings, and the very critical occasion. The affair turned out altogether differently; for never before in any other war did the Roman soldiers enter the field with more determined minds (so much had the enemy exasperated them by taunts on the one hand, and the consuls by delay on the other). The Etrurians had scarcely time to form their ranks, when the javelins having been thrown away at random, in the first hurry, rather than discharged with aim, the battle had now come to close fighting, even to swords, where the fury of war is most desperate. Among the foremost the Fabian family was distinguished for the sight it afforded and the example it presented to their fellow citizens; one of these, Q. Fabius, (he had been consul two years before,) as he was advancing at the head of his men against a dense body of Veientians, and whilst engaged amid numerous parties of the enemy, and therefore not prepared for it, was transfixed with a sword through the breast by a Tuscan who presumed on his bodily strength and skill in arms: on the weapon being extracted, Fabius fell forward on the wound. Both armies felt the fall of this one man, and the Roman began in consequence to give way, when the consul Marcus Fabius leaped over the body as it lay, and holding up his buckler, said, "Is this what you swore, soldiers, that you would return to the camp in flight? are you thus more afraid of your most dastardly enemies, than of Jupiter and Mars, by whom you have sworn? But I who have not sworn will either return victorious, or will fall fighting here beside thee, Q. Fabius." Then Kaeso Fabius, the consul of the preceding year, says to the consul, "Brother, is it by these words you think you will prevail on them to fight? the gods by whom they have sworn will prevail on them. Let us also, as men of noble birth, as is worthy of the Fabian name, enkindle the courage of the soldiers by fighting rather than by exhorting." Thus the two Fabii rush forward to the front with presented spears, and brought on with them the whole line.

47. The battle being restored on one side, Cn. Manlius, the consul, with no less ardour, encouraged the fight on the other wing. Where an almost similar result took place; for as the soldiers undauntedly followed Q. Fabius on the one wing, so did they follow Manlius on this, as he was driving the enemy now nearly routed, and when he, having received a severe wound, retired from the battle, they fell back, supposing that he was slain, and would have given way, had not the other consul, galloping at full speed to that quarter with some troops of horse, supported their drooping energies, crying out that his colleague was still alive, that he himself was now come victorious, having routed the other wing. Manlius also shows himself to restore the battle. The well-known voices of the two consuls rekindle the courage of the soldiers; at the same time too the enemy's line was now weakened, whilst, relying on their superior numbers, they draw off their reserve and send them to storm the camp. This being assaulted without much resistance, whilst they lose time in attending to plunder rather than to fighting, the Roman triarii,[96] who had not been able to sustain the first shock, having sent an account to the consuls of the present position of affairs, return in a compact body to the Praetorium, and of themselves renew the battle. The consul Manlius also having returned to the camp, and posted soldiers at all the gates, had blocked up every passage against the enemy. This desperate situation aroused the fury rather than the bravery of the Etrurians; for when rushing on wherever hope held out the prospect of escape, they had frequently advanced with fruitless efforts; one body of young men makes an attack on the consul himself, conspicuous from his arms. The first weapons were intercepted by those who stood around him; afterwards their force could not be sustained. The consul falls, having received a mortal wound, and all around him are dispersed. The courage of the Etrurians rises. Terror drives the Romans in dismay through the entire camp; and matters would have come to extremities, had not the lieutenant-generals, hastily seizing the body of the consul, opened a passage for the enemy at one gate. Through this they rush out; and going away in the utmost disorder, they fall in with the other consul who had been victorious; there again they are slain and routed in every direction. A glorious victory was obtained, saddened however by two so illustrious deaths. The consul, therefore, on the senate voting him a triumph, replied, that "if the army could triumph without their general, he would readily accede to it in consideration of their distinguished behaviour in that war: that for his own part, his family being plunged in grief in consequence of the death of his brother Q. Fabius, and the commonwealth being in some degree bereaved by the loss of one of her consuls, he would not accept the laurel blasted by public and private grief." The triumph thus resigned was more distinguished than any triumph actually enjoyed; so true it is, that glory refused in due season sometimes returns with accumulated lustre. He next celebrates the two funerals of his colleague and brother, one after the other, he himself acting as panegyrist in the case of both, when by ascribing to them his own deserts, he himself obtained the greatest share of them. And not unmindful of that which he had conceived at the commencement of his consulate, namely, the regaining the affection of the people, he distributes the wounded soldiers among the patricians to be cured. Most of them were given to the Fabii: nor were they treated with greater attention in any other place. From this time the Fabii began to be popular, and that not by any practices except such as were beneficial to the state.

[Footnote 96: The triarii were veteran soldiers of approved valour: they formed the third line, whence their name.]

48. Accordingly Kaeso Fabius, having been elected consul with T. Virginius not more with the zealous wishes of the senators than of the commons, attended neither to wars, nor levies, nor any other object, until the hope of concord being now in some measure commenced, the feelings of the commons might be consolidated with those of the senators as soon as possible. Wherefore at the commencement of the year he proposed: "that before any tribune should stand forth as an abettor of the agrarian law, the patricians themselves should be beforehand with them in performing their duty; that they should distribute among the commons the land taken from the enemy in as equal a proportion as possible; that it was but just that those should obtain it, by whose blood and sweat it was obtained." The patricians rejected the proposal with scorn; some even complained that the once brilliant talents of Kaeso were now becoming wanton, and were waning through excess of glory. There were afterwards no factions in the city. The Latins were harassed by the incursions of the AEqui. Kaeso being sent thither with an army, passes into the very territory of the AEqui to depopulate it. The AEqui retired into the towns, and kept themselves within the walls: on that account no battle worth mentioning was fought. But a blow was received from the Veientian foe through the temerity of the other consul; and the army would have been all cut off, had not Kaeso Fabius come to their assistance in time. From that time there was neither peace nor war with the Veientians; their proceedings had now come very near to the form of that of brigands. They retired from the Roman troops into the city; when they perceived that the troops were drawn off, they made incursions into the country, alternately evading war by quiet, quiet by war. Thus the matter could neither be dropped altogether, nor brought to a conclusion; and other wars were impending either at the moment, as from the AEqui and Volsci, who remained inactive no longer than until the recent smart of their late disaster should pass away; or it was evident that the Sabines, ever hostile, and all Etruria would put themselves in motion: but the Veientians, a constant rather than a formidable enemy, kept their minds in constant uneasiness by their insults more frequently than by any danger apprehended from them; a matter which could at no time be neglected, and which suffered them not to direct their attention to any other object. Then the Fabian family addressed the senate; the consul speaks in the name of the family: "Conscript fathers, the Veientian war requires, as you know, a constant rather than a strong force. Do you attend to other wars: assign the Fabii as enemies to the Veientians. We pledge ourselves that the majesty of the Roman name shall be safe in that quarter. That war, as the property of our family, it is our determination to conduct at our own private expense. Let the republic be spared the expense of soldiers and money there." The warmest thanks were returned to them. The consul, leaving the senate-house, accompanied by the Fabii in a body, who had been standing in the porch of the senate-house, returned home. Being ordered to attend on the following day in arms at the consul's gate, they retire to their homes.

49. The rumour spreads through the entire city; they extol the Fabii to the skies by their encomiums. "That a single family had taken on them the burden of the state: that the Veientian war had now become a private concern, a private quarrel. If there were two families of the same strength in the city, let them demand, the one the Volsci for itself, the other the AEqui; that all the neighbouring states might be subdued, the Roman people all the time enjoying profound peace." The day following, the Fabii take up arms; they assemble where they had been ordered. The consul coming forth in his paludamentum,[97] beholds his entire family in the porch drawn up in order of march; being received into the centre, he orders the standards to be carried forward. Never did an army march through the city, either smaller in number, or more distinguished in fame and in the admiration of all men. Three hundred and six soldiers, all patricians, all of the one stock, not one of whom the senate would reject as a leader in its palmiest days, proceeded on their march, menacing destruction to the Veientian state by the prowess of a single family. A crowd followed, partly belonging to their kinsmen and friends, who contemplated in mind no moderation either as to their hopes or anxiety, but every thing on the highest scale; partly consisting of individuals not connected with their family, aroused by solicitude for the public weal, all enraptured with esteem and admiration. They bid them "proceed in the brave resolve, proceed with happy omens, bring back results proportioned to their undertaking: thence to expect consulships and triumphs, all rewards, all honours from them." As they passed the Capitol and the citadel, and the other sacred edifices, they offer up prayers to all the gods that presented themselves to their sight, or to their mind: that "they would send forward that band with prosperity and success, and soon send them back safe into their country to their parents." In vain were these prayers sent up. Having set out on their luckless road by the right-hand postern of the Carmental gate, they arrive at the river Cremera: this appeared a favourable situation for fortifying a post. L. AEmilius and C. Servilius were then created consuls. And as long as there was nothing else to occupy them but mutual devastations, the Fabii were not only sufficiently able to protect their garrison, but through the entire tract, as far as the Etrurian joins the Roman territory, they protected all their own districts and ravaged those of the enemy, spreading their forces along both frontiers. There was afterwards an intermission, though not of long duration, to these depredations: whilst both the Veientians, having sent for an army from Etruria, assault the post at the Cremera, and the Roman troops, led thither by L. AEmilius the consul, come to a close engagement in the field with the Etrurians; although the Veientians had scarcely time to draw up their line: for during the first alarm, whilst the ranks are posting themselves behind their respective banners and they are stationing their reserves, a brigade of Roman cavalry charging them suddenly in flank, took away all opportunity not only of commencing the fight, but even of standing their ground. Thus being driven back to the Red Rocks, (there they pitched their camp,) they suppliantly sue for peace; for the obtaining of which they were sorry, from the natural inconsistency of their minds, before the Roman garrison was drawn off from the Cremera.

[Footnote 97: Before a consul set out on any expedition, he offered sacrifices and prayers in the Capitol; and then, laying aside his consular gown, marched out of the city, dressed in a military robe of state, called Paludamentum.]

50. Again the Veientian state had to contend with the Fabii without any additional military armament [on either side]; and there were not merely incursions into each other's territories, or sudden attacks on those making the incursions, but they fought repeatedly in the open field, and in pitched battles: and one family of the Roman people oftentimes gained the victory over an entire Etrurian state, one of the most powerful at that time. This at first appeared mortifying and humiliating to the Veientians: then (they formed) a design, suggested by the circumstance, of surprising their daring enemy by an ambuscade; they were even glad that the confidence of the Fabii was increasing by their great success. Wherefore cattle were frequently driven in the way of the plundering parties, as if they had come there by mere accident, and tracts of land were abandoned by the flight of the peasants; and troops of armed men sent to prevent the devastations retreated more frequently from pretended than from real fear. And now the Fabii had such a contempt for the enemy, as to believe that their invincible arms could not be withstood either in any place or on any occasion: this presumption carried them so far, that at the sight of some cattle at a distance from Cremera, with an extensive plain lying between, they ran down to it (although few troops of the enemy were observed); and when incautious and in disorderly haste they had passed the ambuscade placed on either side of the very road; and when dispersed in different directions they began to carry off the cattle straying about, as is usual when they are frightened, the Veientians rise up suddenly from their ambuscade, and the enemy were in front and on every side. At first the shout that was raised terrified them; then weapons assailed them from every side; and, the Etrurians closing, they also were compelled, hemmed in as they now were by a compact body of soldiers, to contract their own circle within a narrower compass; which circumstance rendered striking both their own paucity of numbers, and the superior numbers of the enemy, the ranks being crowded in a narrow space. Then the plan of fighting, which they had directed equally against every part, being now relinquished, they all incline their forces towards one point; in that direction straining every effort both with their bodies and arms, they forced a passage by forming a wedge. The way led to a hill of moderate acclivity; here they first halted: presently, as soon as the higher ground afforded them time to gain breath, and to recover from so great a panic, they repulsed them as they advanced up; and the small band by the advantage of the ground was gaining the victory, had not a party of the Veientians, sent round the ridge of the hill, made their way to the summit; thus again the enemy obtained the higher ground; all the Fabii were killed to a man, and the fort was taken: it is agreed on all hands that the three hundred and six were cut off; that one[98] only, who nearly attained the age of puberty, was left as a stock for the Fabian race; and that he was destined to prove the greatest support in the dangerous emergencies of the Roman people both at home and in war.

[Footnote 98: This statement is rejected by Niebuhr entirely.]

51. At the time when this disaster was received, C. Horatius and T. Menenius were consuls. Menenius was immediately sent against the Etrurians, elated with victory. Then too an unsuccessful battle was fought, and the enemy took possession of the Janiculum: and the city would have been besieged, scarcity of provisions bearing hard upon them in addition to the war, (for the Etrurians had passed the Tiber,) had not the consul Horatius been recalled from the Volsci; and so closely did that war approach the very walls, that the first battle was fought near the temple of Hope with doubtful success, and a second time at the Colline gate. There, although the Romans had the advantage in a slight degree only, yet that contest rendered the soldiers better for future battles by restoring to them their former courage. Aulus Virginius and Sp. Servilius are created consuls. After the defeat sustained in the last battle, the Veientians declined an engagement. Ravages were committed, and they made incursions in every direction on the Roman territory from the Janiculum as if from a fortress; no where were the cattle or the husbandmen safe. They were afterwards entrapped by the same stratagem as that by which they had entrapped the Fabii: having pursued some cattle that had been driven on designedly for the purpose of decoying them, they fell into an ambuscade; in proportion as they were more numerous, the slaughter was greater. The violent resentment resulting from this disaster was the cause and commencement of one still greater: for having crossed the Tiber by night, they attempted to assault the camp of the consul Servilius; being repulsed from thence with great slaughter, they with difficulty made good their retreat into the Janiculum. The consul himself also crosses the Tiber, fortifies his camp at the foot of the Janiculum: at break of day on the following morning, both from being somewhat elated by the success of the battle of the day before, more however because the scarcity of corn forced him into measures which, though dangerous, (he adopted) because they were more expeditious, he rashly marched his army up the steep of the Janiculum to the camp of the enemy, and being repulsed from thence with more disgrace than he had repulsed them on the preceding day, he was saved, both himself and his army, by the intervention of his colleague. The Etrurians (hemmed in) between the two armies, when they presented their rear to the one and the other by turns, were entirely cut off. Thus the Veientian war was crushed by a fortunate act of temerity.

52. Together with the peace, provisions returned to the city in greater abundance, both by reason of corn having been brought in from Campania, and, as soon as the fear felt by each of future famine left them, that corn being brought forward which had been hoarded up. Then their minds once more became licentious from their present abundance and ease, and their former subjects of complaint, now that there were none abroad, they sought for at home; the tribunes began to excite the commons by their poison, the agrarian law: they roused them against the senators who opposed it, and not only against them as a body, but also against particular individuals. Q. Considius and T. Genucius, the proposers of the agrarian law, appoint a day of trial for T. Menenius: the loss of the fort of Cremera, whilst the consul had his standing camp at no great distance from thence, was the charge against him. They crushed him, though both the senators had exerted themselves in his behalf with no less earnestness than in behalf of Coriolanus, and the popularity of his father Agrippa was not yet forgotten. The tribunes, however, went no further than a fine: though they had arraigned him for a capital offence, they imposed on him, when found guilty, a fine of two thousand asses. This proved fatal. They say that he could not submit to the disgrace, and to the anguish of mind (occasioned by it): that, in consequence, he was taken off by disease. Another senator, Sp. Servilius, being soon after arraigned, as soon as he went out of office, a day of trial having been appointed for him by the tribunes, L. Caedicius and T. Statius, at the very commencement of the year, in the consulship of C. Nautius and P. Valerius, did not, like Menenius, meet the attacks of the tribunes with supplications from himself and the patricians, but with firm reliance on his own integrity, and his personal influence. The battle with the Etrurians at the Janiculum was the charge against him also: but being a man of an intrepid spirit, as he had formerly acted in the case of public peril, so now in that which was personal to himself, he dispelled the danger by boldly facing it, by confuting not only the tribunes but the commons also, by a bold speech, and upbraiding them with the condemnation and death of T. Menenius, by the good offices of whose father the commons were formerly re-established, and were now in possession of those laws and those magistrates, by means of which they then exercised their insolence; his colleague Virginius also, who was brought forward as a witness, aided him by assigning to him a share of his own deserts; the condemnation of Menenius however was of greater service to him (so much had they changed their minds).

53. The contests at home were now concluded. A Veientian war broke out, with whom the Sabines had united their forces. The consul P. Valerius, after auxiliaries were sent for from the Latins and Hernicians, being despatched to Veii with an army, immediately attacks the Sabine camp, which had been pitched before the walls of their allies: and occasioned such great consternation, that while, dispersed in different directions, they sally forth to repel the assault of the enemy, the gate which the Romans first attacked was taken; then within the rampart there was rather a carnage than a battle. From the camp the alarm spreads into the city; the Veientians run to arms in as great a panic as if Veii had been taken: some come up to the support of the Sabines, others fall upon the Romans, who had directed all their force against the camp. For a little while they were disconcerted and thrown into confusion; then they too forming two fronts make a stand: and the cavalry, being commanded by the consul to charge, routs the Etrurians and puts them to flight; and in the same hour two armies and two of the most influential and powerful of the neighbouring states were vanquished. Whilst these transactions are going on at Veii, the Volsci and AEqui had pitched their camp in the Latin territory, and laid waste their frontiers. The Latins, by their own exertions, being joined by the Hernicians, without either a Roman general or Roman auxiliaries, stripped them of their camp. Besides recovering their own effects, they obtained immense booty. The consul C. Nautius, however, was sent against the Volsci from Rome. The custom, I suppose, was not pleasing for allies to carry on wars with their own forces and under their own direction without a Roman general and troops. There was no kind of injury or indignity that was not practised against the Volsci; nor could they be prevailed on however to come to an engagement in the field.

54. Lucius Furius and Caius Manlius were the next consuls. The Veientians fell to Manlius as his province. War however did not take place: a truce for forty years was granted them at their request, corn and pay for the soldiers being demanded of them. Disturbance at home immediately succeeds to peace abroad: the commons were goaded by the tribunes with the excitement of the agrarian law. The consuls, nothing intimidated by the condemnation of Menenius, nor by the danger of Servilius, resist with their utmost might; Cn. Genucius, a tribune of the people, arraigned the consuls on their going out of office. Lucius AEmilius and Opiter Virginius enter on the consulate. Instead of Virginius I find Vopiscus Julius consul in some annals. In this year (whatever consuls it had) Furius and Manlius, being summoned to trial before the people, go about in suppliant garb not more to the commons than to the younger patricians; they advise, they caution them "to keep themselves from honours and the administration of public affairs, and that they would consider the consular fasces, the praetexta and curule chair, as nothing else than the decorations of a funeral; that when covered with these fine insignia, as with fillets, they were doomed to death. But if the charms of the consulate were so great, they should rest satisfied that the consulate was held in captivity and crushed by the tribunitian power; that every thing was to be done at the nod and command of the tribune by the consul, as if he were a tribune's beadle. If he stir, if he have reference to the patricians, if he should think for a moment that there existed any other party in the state but the commons, let him place before his eyes the banishment of Caius Marcius, the condemnation and death of Menenius." Fired by these discourses, the patricians from that time held their consultations not in public, but in private, and withdrawn from the knowledge of the many; where when this one point was agreed on, that the accused must be rescued whether by just or unjust means, every proposition that was most desperate was most approved; nor was an actor wanted for any deed however daring. Accordingly on the day of trial, when the people stood in the forum in anxious expectation, they at first began to feel surprised that the tribune did not come down; then when the delay was now becoming more suspicious, they considered that he was deterred by the nobles, and they complained that the public cause was abandoned and betrayed. At length those who had been waiting before the gate of the tribune's residence, bring word that he was found dead in his house. As soon as rumour spread this through the whole assembly, just as an army disperses on the fall of its general, so did they separate in different directions. The principal panic seized the tribunes, now warned by their colleague's death what little aid the devoting laws afforded them. Nor did the patricians bear their joy with sufficient moderation; and so far was any of them from feeling compunction at the guilty act, that even those who were innocent wished to be considered to have perpetrated it, and it was openly declared that the tribunitian power should be subdued by chastisement.

55. Immediately after this victory of a most ruinous precedent a levy is proclaimed; and the tribunes being now overawed, the consuls accomplish the matter without any opposition. Then indeed the commons became enraged more on account of the silence of the tribunes than the command of the consuls: and they said "there was an end of their liberty; that they were come back again to the old condition of things; that the tribunitian power had died along with Genucius and was buried with him; that other means must be devised and practised, by which to resist the patricians; and that the only method for that was that the people should defend themselves, since they now had no other aid. That four-and-twenty lictors waited on the consuls; and that these very individuals were from among the commons; that nothing could be more despicable, nor weaker, if there were only persons who could despise them; that each person magnified those things and made them objects of terror to himself." When they had excited each other by these discourses, a lictor was despatched by the consuls to Volero Publilius, a man belonging to the commons, because he stated, that having been a centurion he ought not to be made a common soldier. Volero appeals to the tribunes. When one came to his assistance, the consuls order the man to be stripped and the rods to be got ready. "I appeal to the people," says Volero, "since tribunes had rather see a Roman citizen scourged before their eyes, than themselves be butchered by you in their bed." The more vehemently he cried out, the more violently did the lictor tear off his clothes and strip him. Then Volero, being both himself of great bodily strength, and being aided by his partisans, having repulsed the lictor, when the shouts of those indignant in his behalf became very intense, betook himself into the thickest part of the crowd, crying out, "I appeal, and implore the protection of the commons; assist me, fellow citizens; assist me, fellow soldiers; there is no use in waiting for the tribunes, who themselves stand in need of your aid." The men, being much excited, prepare as it were for battle; and it became manifest that there was urgent danger, that nothing would be held sacred by any one, that there would no longer exist any public or private right. When the consuls faced this so violent storm, they soon experienced that majesty without strength had but little security; the lictors being maltreated, the fasces broken, they are driven from the forum into the senate-house, uncertain how far Volero would push his victory. After that, the disturbance subsiding, when they had ordered the senate to be convened, they complain of the outrages committed on themselves, of the violence of the people, the daring of Volero. Many violent measures having been proposed, the elder members prevailed, who recommended that the unthinking rashness of the commons should not be met by the passionate resentment of the patricians.

56. The commons having espoused the interest of Volero, with great warmth choose him, at the next election, tribune of the people for that year, which had Lucius Pinarius and Publius Furius for consuls; and, contrary to the opinion of all men, who thought that he would let loose his tribuneship in harassing the consuls of the preceding year, postponing private resentment to the public interest, without assailing the consuls even by a single word, he proposed a law to the people that plebeian magistrates should be elected at the comitia by tribes. A matter of no trifling moment was now being brought forward, under an aspect at first sight by no means alarming; but one which in reality deprived the patricians of all power to elect whatever tribunes they pleased by the suffrages of their clients. The patricians used all their energies in resisting this proposition, which was most pleasing to the commons; and though none of the college could be induced by the influence either of the consuls or of the chief members of the senate to enter a protest against it, the only means of resistance which now existed; yet the matter, important as it was by its own weight, is spun out by contention till the following year. The commons re-elect Volero as tribune. The senators, considering that the question would be carried to the very extreme of a struggle, elect to the consulate Appius Claudius, the son of Appius, who was both hated by and hated the commons, ever since the contests between them and his father. Titus Quintius is assigned to him as his colleague. In the very commencement of the year no other question took precedence of that regarding the law. But though Volero was the inventor of it, his colleague, Laetorius, was both a more recent abettor of it, as well as a more energetic one. Whilst Volero confined himself to the subject of the law, avoiding all abuse of the consuls, he commenced with accusing Appius and his family, as having ever been most overbearing and cruel towards the Roman commons, contending that he had been elected by the senators, not as consul, but as executioner, to harass and torture the people; his rude tongue, he being a military man, was not sufficient to express the freedom of his sentiments. Language therefore failing him, he says, "Romans, since I do not speak with as much readiness as I make good what I have spoken, attend here to-morrow. I will either die here before your eyes, or will carry the law." On the following day the tribunes take possession of the temple; the consuls and the nobility take their places in the assembly to obstruct the law. Laetorius orders all persons to be removed, except those going to vote; the young nobles kept their places, paying no regard to the officer; then Laetorius orders some of them to be seized. The consul Appius insisted "that the tribune had no jurisdiction over any one except a plebeian; for that he was not a magistrate of the people in general, but only of the commons; for that even he himself could not, according to the usage of their ancestors, by virtue of his authority remove any person; because the words run thus, if ye think proper, depart, Romans." He was able to disconcert Laetorius by arguing fluently and contemptuously concerning the right. The tribune therefore, burning with rage, sends his beadle to the consul; the consul sends his lictor to the tribune, exclaiming that he was a private individual, without power and without magistracy; and the tribune would have been roughly treated, had not both the entire assembly risen up with great warmth in behalf of the tribune against the consul, and a rush of persons belonging to the multitude, which was now much excited, taken place from the entire city into the forum. Appius, however, withstood so great a storm with obstinacy, and the contest would have ended in a battle, not without blood, had not Quintius, the other consul, after giving it in charge to the men of consular dignity to remove his colleague from the forum by force, if they could not do it otherwise, himself assuaged the enraged people by entreaties, and implored the tribunes to dismiss the assembly. "That they should give their passion time to cool; that delay would not deprive them of their power, but would add prudence to strength; and that the senators would be under the control of the people, and the consul under that of the senators."

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