49. The multitude was excited partly by the atrocious nature of the deed, partly by the hope of recovering their liberty through a favourable opportunity. Appius now orders Icilius to be summoned before him, now on refusing to come to be seized; at length, when an opportunity of approaching him was not afforded to the beadles, he himself proceeding through the crowd with a body of young patricians, orders him to be taken into confinement. Now not only the multitude, but Lucius Valerius and Marcus Horatius, the leaders of the multitude, stood around Icilius: who, having repulsed the lictor, stated, that "if he meant to proceed by law, they would protect Icilius from one who was but a private citizen; if he desired to employ force, that they would be no bad match for him even then." Hence arises a furious scuffle. The decemvir's lictor attacks Valerius and Horatius: the fasces are broken by the people. Appius ascends the tribunal; Horatius and Valerius follow him. To them the assembly pays attention, they drown with clamour the voice of the decemvir. Now Valerius authoritatively ordered the lictors to depart from one who was but a private citizen: when Appius, whose spirits were now broken, being alarmed for his life, betook himself into a house in the vicinity of the forum, unknown to his enemies, with his head covered up. Spurius Oppius, in order to assist his colleague, rushes into the forum from the opposite side; he sees their authority overpowered by force. Distracted then by various counsels between which he wavered, by assenting to several advisers from every side, he eventually ordered the senate to be convened. Because the proceedings of the decemvirs seemed to be displeasing to the greater portion of the patricians, this step quieted the people with the hope that the government would be abolished through the senate. The senate gave their opinion that neither the commons should be exasperated, and much more that care should be taken that the arrival of Virginius should not occasion any commotion in the army.

50. Accordingly some of the junior patricians, being sent to the camp which was at that time on Mount Vecilius, announce to the decemvirs "that by every means in their power they should keep the soldiers from mutinying." Where Virginius occasioned greater commotion than he had left behind him in the city. For besides that he was seen coming with a body of near four hundred men, who, fired at the heinous enormity of the occurrence, had accompanied him from the city; the unsheathed weapon and himself besmeared with blood, attracted to him the entire camp; and the gowns[151] seen in the different parts of the camp, had caused the number of people from the city to appear much greater than it really was. When they asked him what was the matter, in consequence of his weeping he uttered not a word. At length, as soon as the crowd of those running together became still, and silence took place, he related every thing in order as it occurred. Then extending his hands towards heaven, addressing his fellow soldiers, he begged of them, "not to impute to him that which was the crime of Appius, not to abhor him as the murderer of his children." To him the life of his daughter was dearer than his own, if she had been allowed to live in freedom and chastity. When he beheld her dragged to prostitution as if a slave, thinking it better that his child should be lost by death than by dishonour, through compassion for her he fell into an appearance of cruelty. Nor would he have survived his daughter, had he not placed hope of avenging her death in the aid of his fellow soldiers. For that they too had daughters, sisters, and wives; nor was the lust of Appius Claudius extinguished with his daughter; but in proportion as it escaped with impunity, so much the more unbridled would it be. That in the calamities of others a warning was given to them to guard against a similar injury. That for his own part, his wife had been taken from him by fate; his daughter, because she no longer could live in chastity, died an unfortunate but honourable death; that there was no longer in his house an opportunity for Appius's lust; that from any other violence of his he would defend his person with the same spirit with which he vindicated that of his daughter. That others should take care of themselves and of their children. To Virginius, uttering these words in a loud voice, the multitude responded with a shout, "that they would not be backward, with respect either to his wrongs or their own liberty. And the gown-men mixing with the crowd of soldiers, both by narrating with sorrow those same circumstances, and by showing how much more shocking they must have appeared when seen than when merely heard, and also by telling them that matters were now desperate at Rome; those also who followed (the persons that accompanied Virginius from Rome) and alleged that Appius, having with difficulty escaped with life, had gone into exile;[152] all these individuals so far influenced them that there was a general cry to arms, they snatched up their standards, and set out for Rome." The decemvirs, being alarmed at the same time both by what they now saw, as well as by those things which they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. Whilst they proceeded with mildness no answer was returned to them. If any of them attempted to exert authority over them, the answer given was, that "they were men and had arms." They go in a body to the city and post themselves on the Aventine; encouraging the commons, according as each person met them, to reassume their liberty, and elect tribunes of the people; no other violent expression was heard. Spurius Oppius holds a meeting of the senate; it is resolved that no harsh proceedings should be adopted, as occasion for the sedition had been given by themselves. Three men of consular rank, Spurius Tarpeius, Caius Julius, Publius Sulpicius, are sent as ambassadors, to inquire, in the name of the senate, by whose orders they had deserted the camp? or what they intended in posting themselves on the Aventine in arms, and in turning away their arms from the enemy and taking their own country? They were at no loss for an answer; they wanted some one to give the answer, there being as yet no certain leader, and individuals not being forward enough to expose themselves to the invidious office. The multitude only called out with one voice, that they should send Lucius Valerius and Marcus Horatius to them: that to them they would give their answer.

[Footnote 151: The dress of the citizens.]

[Footnote 152: Two classes of persons are here intended: 1. Those who accompanied Virginius into the camp. 2. Others who followed them subsequently.]

51. The ambassadors being dismissed, Virginius reminds the soldiers "that a little time before they had been embarrassed in a matter of no very great difficulty, because the multitude was without a head; and that the answer given, though not inexpedient, was the result rather of an accidental concurrence than of a concerted plan. His opinion was, that ten persons be elected, who should preside in the management of their affairs, and, in the style of military dignity, that they should be called tribunes of the soldiers." When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to you and to me those your kind opinions of me. My daughter being unavenged, neither allows any honour to be satisfactory to me, nor in the disturbed state of things is it useful that those should be at your head who are most obnoxious to party malice. If there will be any use of me, such use will be derived not in a less degree from me in a private station." They then elect military tribunes ten in number. Nor was the army among the Sabines inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, the commotion of men's minds on recollecting the murder of Siccius being not less than that, which the recent account of the barbarous attempt made on the maiden to gratify lust had enkindled. When Icilius heard that tribunes of the soldiers were elected on Mount Aventine, lest the election-assembly in the city might follow the precedent of the military assembly, by electing the same persons tribunes of the commons, being well versed in popular intrigues and having an eye to that office, he also takes care, before they proceeded to the city, that the same number be elected by his own party with an equal power. They entered the city through the Colline gate in military array, and proceeded in a body to the Aventine through the middle of the city. There, joined to the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number, who should hold the command in chief. They choose Marcus Oppius and Sextus Manilius. The patricians, alarmed for the general safety, though there was a meeting every day, waste the time in wrangling more frequently than in deliberation. The murder of Siccius, the lust of Appius, and the disgraces incurred in war were urged as charges against the decemvirs. It was resolved that Valerius and Horatius should proceed to the Aventine. They refused to go on any other conditions, than that the decemvirs should lay down the badges of that office, which had expired the year before. The decemvirs, complaining that they were now being degraded, stated that they would not resign their office, until those laws were passed on account of which they had been appointed.

52. The people being informed through Marcus Duilius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, passes from the Aventine to the Sacred mount; Duilius affirming that serious concern for business would not enter the minds of the patricians, until they saw the city deserted. That the Sacred mount would remind them of the people's firmness; that they would then know, that matters could not be restored to concord without the restoration of (the tribunitian) power. Having set out along the Nomentan way, which was then called the Ficulnean, they pitched their camp on the Sacred mount, imitating the moderation of their fathers by committing no violence. The commons followed the army, no one whose age would permit him declining to go. Their wives and children attended their steps, piteously asking to whom would they leave them, in a city in which neither chastity nor liberty were respected? When the unusual solitude rendered every place in Rome void; when there was in the forum no one but a few old men; when, the patricians being convened into the senate, the forum appeared deserted; more now besides Horatius and Valerius began to exclaim, "What will ye now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will ye suffer all things to go to wreck and ruin? What power is that, decemvirs, which ye embrace and hold so firmly? do you mean to administer justice to walls and mere houses? Are you not ashamed that an almost greater number of your lictors is to be seen in the forum than of the other citizens? What are ye to do, in case the enemy should approach the city? What, if the commons should come presently in arms, if we seem not to be moved by their secession? do you mean to conclude your power by the fall of the city? But (the case is this,) either we must not have the commons, or they must have their tribunes. We would sooner dispense with our patrician magistrates, than they with their plebeian. That power, when new and untried, they wrested from our fathers; much less will they, now that they have tested the sweets of it, endure its loss: more especially since we make not a moderate use of our power, so that they may not stand in need of (tribunitian) aid." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declare that, since such seems to be the feeling, they would submit to the authority of the patricians. All they ask is, that they may be protected from popular rage; they give a warning, that they should not through shedding their blood habituate the people to inflict punishment on the patricians.

53. Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, are directed to make provision also for the decemvirs from the resentment and violence of the multitude. They set forward and are received into the camp with great joy by the people, as being their liberators beyond all doubt, both at the commencement of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius speaks in the name of the people. When the terms came to be considered, the ambassadors inquiring what were the demands of the people, the same individual, having already concerted the plan before the arrival of the ambassadors, stated demands of such a nature, that it became evident, that more hope was placed in the justice of their case than in arms. For they demanded back the tribunitian office and the right of appeal, which, before the appointment of decemvirs, had been the props of the people, and that it should not be visited with injury to any one, to have instigated the soldiers or the commons to seek back their liberty by a secession. Concerning the punishment only of the decemvirs was their demand immoderate; for they thought it but just that they should be delivered up to them; and they threatened that they would burn them alive. In answer the ambassadors say, the demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you; for you seek them as safeguards to your liberty, not as means of licentious power to assail others. Your resentment we must rather pardon than indulge; seeing that from your hatred of cruelty ye rush into cruelty, and almost before you are free yourselves, you wish already to lord it over your enemies. Shall our state never enjoy rest from punishments, either of the patricians on the Roman commons, or of the commons on the patricians? you have occasion for a shield rather than for a sword. He is sufficiently and abundantly humble, who lives in a state on an equal footing, neither inflicting nor suffering injury. Moreover, "should you feel disposed to render yourselves formidable, when, having recovered your magistrates and laws, decisions on our lives and fortunes shall be in your hands; then you shall determine according to the merits of each case; now it is sufficient that your liberty be restored."

54. All permitting them to act just as they think proper, the ambassadors assure them that they would speedily return, having completed every matter. When they went and laid before the patricians the message of the commons, the other decemvirs, since, contrary to their own expectation, no mention was made of their punishment, raised no objection. Appius, being of a truculent disposition and a particular object of detestation, measuring the rancour of others towards him by his own towards them, says, "I am aware of the fate which hangs over me. I see that the contest against us is deferred, until our arms are delivered up to our adversaries. Blood must be offered up to popular rage. Not even do I demur to resign my decemvirate." A decree of the senate is then passed, "that the decemvirs should without delay resign their office; that Quintus Furius, chief pontiff, should hold an election of plebeian tribunes, and that the secession of the soldiers and commons should not be visited on any one." These decrees being finished, the senate being dismissed, the decemvirs come forth into the assembly, and resign their office, to the great joy of all. News of this is carried to the commons. All the people remaining in the city escort the ambassadors. This crowd was met by another joyous body from the camp; they congratulate each other on the restoration of peace and concord to the state. The deputies address the assembly: "Be it advantageous, fortunate, and happy for you and the republic, return into your country to your household gods, your wives and children; but carry into the city the same modesty which you observed here, where, amid the consumption of so many matters necessary for so large a number of persons, no man's field has been injured. Go to the Aventine, whence ye set out. In that auspicious place, where ye took the first step towards liberty, ye shall elect tribunes of the people. The chief pontiff will be at hand to hold the elections." Great was their assent and joy, as evinced in their approbation of every measure. They then hastily raise their standards, and having set out for Rome, vie in exultation with all they met. There, the chief pontiff holding the meeting for the elections, they elected as their tribunes of the people, first of all A. Virginius, then Lucius Icilius, and Publius Numitorius the uncle of Virginia, the advisers of the secession. Then Caius Sicinius, the offspring of him who is recorded to have been elected first tribune of the commons on the Sacred mount; and Marcus Duilius, who had passed through a distinguished tribuneship before the creation of the decemvirs, and was never wanting to the commons in their contests with the decemvirs. Marcus Titinius, Marcus Pomponius, Caius Apronius, Publius Villius, and Caius Oppius, were elected more from hope (entertained of them) than from any services (performed). When he entered on his tribuneship, Lucius Icilius proposed to the commons, and the commons ordered, that the secession from the decemvirs which had taken place should not prove detrimental to any individual. Immediately after Duilius carried a proposition for electing consuls, with right of appeal. All these things were transacted in an assembly of the commons in the Flaminian meadows, which they now call the Flaminian circus.

55. Then through an interrex Lucius Valerius and Marcus Horatius were elected consuls, who immediately entered on their office; whose consulship was popular without any actual injury to the patricians, though not without their displeasure; for whatever provision was made for securing the liberty of the commons, that they considered to be a diminution made in their own power. First of all, when it was as it were a point in controversy, whether patricians were bound by regulations enacted in an assembly of the commons, they proposed a law in the assembly of the centuries, that whatever the commons ordered collectively, should bind the entire people; by which law a most keen-edged weapon was given to motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singular security to liberty, and subverted by the decemviral power, they not only restore, but guard it also for the time to come, by enacting a new law, "that no one should appoint any magistrate without a right of appeal; if any person should so elect, it would be lawful and right that he be put to death; and that such killing should not be deemed a capital offence." And when they had sufficiently secured the commons by the right of appeal on the one hand, by tribunitian aid on the other, they renewed for the tribunes themselves (the privilege) that they should be held sacred and inviolable, the memory of which matter had now been almost lost, reviving certain ceremonies which had been long disused; and they rendered them inviolable both by the religious institution, as well as by a law, enacting, that "whoever should offer injury to tribunes of the people, aediles, judges, decemvirs, his person should be devoted to Jupiter, and his property be sold at the temple of Ceres, Liber and Libera." Commentators deny that any person is by this law sacrosanct; but that he who may do an injury to any of them, is deemed to be devoted; therefore that an aedile may be arrested and carried to prison by superior magistrates, which, though it be not expressly warranted by law, for an injury is done to a person to whom it is not lawful to do an injury according to this law, yet it is a proof that an aedile is not considered as sacred; that the tribunes were sacred and inviolable by an ancient oath of the commons, when first they created that office. There have been persons who supposed that by this same Horatian law provision was made for the consuls also and the praetors, because they were elected under the same auspices as the consuls; for that a consul was called a judge. Which interpretation is refuted, because at this time it was not yet the custom for the consul to be styled judge, but the praetor. These were the laws proposed by the consuls. It was also regulated by the same consuls, that decrees of the senate should be deposited with the aediles of the commons in the temple of Ceres; which before that used to be suppressed and altered at the pleasure of the consuls. Marcus Duilius then, tribune of the commons, proposed to the people, and the people ordered, that "whoever left the people without tribunes, and whoever caused a magistrate to be elected without the right of appeal, should be punished with stripes and beheaded." All these matters, though against the feelings of the patricians, passed off without opposition from them, because no severity was aimed at any particular individual.

56. Then both the tribunitian power and the liberty of the commons being firmly established, the tribunes now deeming it both safe and seasonable to attack individuals, single out Virginius as the first prosecutor and Appius as defendant. When Virginius appointed a day for Appius, and Appius came down to the forum, accompanied by some young patricians, the memory of his most profligate exercise of power was instantly revived in the minds of all, as soon as they beheld himself and his satellites. Then Virginius says, "Long speeches have been invented for matters of a doubtful nature. Accordingly I shall neither waste time in dwelling on the guilt of this man before you, from whose cruelty ye have rescued yourselves by force of arms, nor shall I suffer him to add impudence to his other enormous crimes in defending himself. Wherefore, Appius Claudius, I remit to you the accumulated impious and nefarious deeds you have had the effrontery to commit for the last two years; with respect to one charge only, unless you will appoint a judge, (and prove) that you have not, contrary to the laws, sentenced a free person to be a slave, I order that you be taken into custody." Neither in the aid of the tribunes, nor in the judgment of the people, could Appius place any hope: still he both appealed to the tribunes, and, when no one regarded him, being seized by the bailiff, he exclaims, "I appeal." The hearing of this one expression, that safeguard of liberty, uttered from that mouth by which a free citizen was so recently consigned to slavery, occasioned general silence. And, whilst they observe to each other, that "at length there are gods, and that they do not disregard human affairs; and that punishments await tyranny and cruelty, which, though late, are still by no means light; that he now appealed, who had abolished all right of appeal; and that he implored the protection of the people, who had trampled down all the rights of the people; and that he was dragged off to prison, destitute of the rights of liberty, who had doomed a free person to slavery." Amid the murmurs of the assembly, the voice of Appius was heard imploring the protection of the Roman people. He enumerated the services of his ancestors to the state, at home and abroad; his own unfortunate zeal towards the Roman commons; that he had resigned the consulship, to the great displeasure of the patricians, for the purpose of equalizing the laws; (he then mentioned) his laws; which, though they still remained in force, the framer of them was dragged to a prison. But the peculiar advantages and disadvantages of his case he would then make trial of, when an opportunity would be afforded him of stating his defence. At present, he, a Roman citizen, demanded, by the common right of citizenship, that he be allowed to speak on the day appointed, and to appeal to the judgment of the Roman people. That he did not dread popular rage so much as not to place any hope in the equity and compassion of his fellow citizens. But if he were led to prison without being heard, that he once more appealed to the tribunes of the people, and warned them not to imitate those whom they hated. But if the tribunes acknowledge themselves bound in the same confederacy for abolishing the right of appeal, which they charged the decemvirs with having formed, then he appealed to the people: he implored the benefit of the laws passed that very year, both by the consuls and tribunes, regarding the right of appeal. For who would appeal, if this were not allowed a person as yet uncondemned, whose case has not been heard? what plebeian and humble individual would find protection in the laws, if Appius Claudius could not? that he would afford a proof, whether tyranny or liberty was established by the new laws; and whether the right of appeal and of challenge against the injustice of magistrates was only held out in empty words, or effectually granted.

57. Virginius, on the other hand, affirmed that Appius Claudius was the only person not entitled to a participation in the laws, nor in civil or human society. That men should look to the tribunal, the fortress of all villanies; where that perpetual decemvir, venting his fury on the properties, backs, and blood of the citizens, threatening all with his rods and axes, a despiser of gods and men, attended with executioners, not lictors, changing his mind from rapine and murder to lust, before the eyes of the Roman people, tore a free-born maiden, as if a prisoner of war, from the embraces of her father, and gave her as a present to a dependant, the pander to his secret pleasures. Where by a cruel decree, and by a most villainous decision, he armed the right hand of the father against the daughter: where he ordered the spouse and uncle, on their raising the lifeless body of the girl, to be taken off to a prison; moved more at the interruption to his sensual gratification than at her untimely death. That the prison was built for him also, which he used to call the domicile of the Roman commons. Wherefore, though he may appeal again and oftener, he would as frequently refer him to a judge, on the charge of having sentenced a free person to slavery; if he would not go before a judge, that he ordered him to be taken to prison as one condemned. He was thrown into prison, and though without the disapprobation of any individual, yet not without considerable emotions of the public mind, when, in consequence of the punishment of so distinguished a man, their own liberty began to appear to the commons themselves as excessive. The tribune deferred the day of trial. Whilst these matters are going on, ambassadors from the Hernicians and Latins came to Rome to present their congratulations on the harmony subsisting between the patricians and commons; and as an offering on that account to Jupiter, the best and greatest, they brought into the Capitol a golden crown, of small weight, as riches at that time did not abound, and the duties of religion were performed rather with piety than magnificence. From the same source it was ascertained that the AEquans and Volscians were preparing for war with the utmost energy. The consuls were therefore ordered to divide the provinces between them. The Sabines fell to the lot of Horatius, the AEquans and Volscians to that of Valerius. On their proclaiming a levy for these wars, through the good wishes of the commons, not only the younger men, but of those who had served out their time, a considerable portion as volunteers, attended to give in their names: and hence the army was stronger not only by the number, but also by the kind of soldiers, veterans being mixed with them. Before they marched out of the city, they engraved on brass, and fixed up in public view, the decemviral laws, which have received the name of "the twelve tables." There are some who state that the aediles discharged that office by order of the tribunes.

58. Caius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother's son, had retired to Regillum, the country of his forefathers, having returned, though now advanced in years, to deprecate the dangers impending over that man, whose vices he had shunned, now clad in a mourning garment, with the members of his family and his clients, went about the forum, and solicited the interest of the citizens individually, "That they would not cast such a stain on the Claudian family, as to consider them deserving of imprisonment and chains; that a man whose image would be most highly honoured with posterity, the framer of their laws and the founder of Roman jurisprudence, lay in chains amongst nightly thieves and robbers. (He begged) that they would turn away their minds from resentment for a while to examination and reflection; and rather pardon one at the intercession of so many members of the Claudian family, than through a hatred of one spurn the entreaties of many; that he himself also paid this tribute to the family and the name; nor had he been reconciled to him, whose unfortunate situation he wished to relieve; that by fortitude liberty had been recovered; by clemency the harmony of the several orders might be established." Some there were whom he influenced more by his warm attachment to his family than for the sake of him for whom he interceded. But Virginius begged that "they would rather pity him and his daughter; and that they would listen to the entreaties, not of the Claudian family, which had assumed a sort of sovereignty over the commons, but those of the near friends of Virginia and of the three tribunes; who having been created for the aid of the commons, were now themselves imploring the protection and aid of the commons." These tears appeared more just. Accordingly, all hope being cut off, Appius put a period to his life, before the day arrived appointed for his trial. Soon after, Spurius Oppius, the next object of public indignation, as having been in the city when the unjust decision was given by his colleague, was arraigned by Publius Numitorius. However, an act of injustice committed by Oppius brought more odium on him, than the not preventing one (in the case of Appius). A witness was brought forward, who, after reckoning up twenty campaigns, after having been particularly honoured eight different times, and wearing these honours in the sight of the Roman people, tore open his garment and exhibited his back torn with stripes, asking no other conditions but "that, if the accused could name any one guilty act of his, he might, though a private individual, once more repeat his severity on him." Oppius was also thrown into prison, where he put a period to his life before the day of trial. The tribunes confiscated the property of Appius and Oppius. Their colleagues left their homes to go into exile; their property was confiscated. Marcus Claudius, the claimant of Virginia, being condemned on the day of his trial, was discharged and went away into exile to Tibur, Virginius himself remitting the penalty as far as it affected his life; and the shade of Virginia, more fortunate after death than when living, after having roamed through so many families in quest of vengeance, at length rested in peace, no guilty person being left unpunished.

59. Great alarm seized the patricians, and the countenances of the tribunes were now the same as those of the decemvirs had been, when Marcus Duilius, tribune of the people, having put a salutary check to their immoderate power, says, "There has been both enough of liberty on our own part, and of vengeance on our enemies; wherefore for this year I will neither suffer a day of trial to be appointed for any one, nor any person to be thrown into prison. For it is neither pleasing to me that old crimes now forgotten should be again brought forward, seeing that the recent ones have been atoned for by the punishment of the decemvirs; and the unremitting care of both the consuls in defending your liberties, is ample security that nothing will be committed which will call for tribunitian interference." This moderation of the tribune first relieved the patricians from their fears, and at the same time increased their ill-will towards the consuls; for they had been so devoted to the commons, that even a plebeian magistrate took an earlier interest in the safety and liberty of the patricians, than one of patrician rank; and their enemies would have been surfeited with inflicting punishments on them, before the consuls, to all appearance, would have resisted their licentious career. And there were many who said that a want of firmness was shown, inasmuch as the fathers had given their approbation to the laws proposed; nor was there a doubt, but that in this troubled state of public affairs they had yielded to the times.

60. The business in the city being settled, and the rights of the commons being firmly established, the consuls departed to their respective provinces. Valerius prudently deferred all warlike operations against the armies of the AEquans and the Volscians, which had now formed a junction at Algidum. But if he had immediately committed the result to fortune, I know not but that, such were the feelings both of the Romans and of their enemies since the unfavourable auspices of the decemvirs, the contest would have stood them in a heavy loss. Having pitched his camp at the distance of a mile from the enemy, he kept his men quiet. The enemy filled the space lying between the two camps with their army in order of battle, and not a single Roman made them any answer when they challenged them to battle. At length, wearied from standing and from waiting in vain for a contest, the AEquans and Volscians, considering that the victory was in a manner conceded to them, go off, some to the Hernicians, some to the Latins, to commit depredations. There was left in the camp rather a garrison for its defence than sufficient force for a contest. When the consul perceived this, he retorted the terror previously occasioned to his men, and drawing up his troops in order of battle, he now in his turn provokes the enemy to fight. When they, from a feeling of the absence of their forces, declined battle, the courage of the Romans immediately increased, and they considered as vanquished those who stood panic-stricken within their rampart. After having stood for the entire day prepared for the contest, they retired at night. And the Romans, now full of hope, set about refreshing themselves. The enemy, in by no means equal spirits, being now in trepidation, despatch messengers in every direction to call back the plundering parties. Those in the nearest places return thence; those who were farther off were not found. When the day dawned, the Romans leave the camp, determining on assaulting the rampart unless an opportunity of fighting were afforded; and when the day was now far advanced, and no movement was made by the enemy, the consul orders them to advance; and the troops being put in motion, the AEquans and the Volscians became indignant, that victorious armies were to be defended by a rampart rather than by valour and arms. Wherefore they also earnestly demanded the signal for battle from their generals, and received it. And now half of them had got out of the gates, and the others in succession were observing order, marching down each to his own post, when the Roman consul, before the enemy's line could be drawn up, supported by their entire strength, advanced on them; and having attacked them before they were all as yet led forth, and when those who were so had not their ranks sufficiently arranged, he falls on the unsteady crowd of them, running in trepidation from one place to another, and throwing around their eyes on themselves and on their friends, a shout and violent onset adding to the already confused state of their minds. The enemy at first gave way; then, when they had rallied their spirits, and their generals on every side reprovingly asked them, whether they were about to yield to their vanquished foes, the battle was restored.

61. On the other side, the consul desired the Romans to remember that "on that day, for the first time, they fought as free men in defence of Rome, now a free city. That it was for themselves they were to conquer, and not that they should be the prize of the decemvirs, after conquering. That it was not under the command of Appius that the action was being conducted, but under their consul Valerius, descended from the liberators of the Roman people, himself too a liberator. That they should show that in former battles it had been the fault of the generals, and not of the soldiers, that they did not conquer. That it was shameful to have had more courage against their own countrymen than against their enemies, and to have dreaded slavery more at home than abroad. That Virginia was the only person whose chastity was in danger in time of peace: that Appius was the only citizen of dangerous lust. But if the fortune of war should turn against them, all their children would be in danger from so many thousands of enemies. That he would not, on account of the omen, mention things which may neither Jupiter nor their father Mars suffer to befall a city built under such auspices." He reminded them of the Aventine and the Sacred mount; and "that they should bring back dominion unimpaired to that spot, where their liberty had been established but a few months before: and that they should show that the Roman soldiers retained the same abilities after the expulsion of the decemvirs, which they had possessed before they were appointed; and that the valour of the Roman people was not deteriorated after the laws were equalized." After he uttered these words among the battalions of the infantry, he flies from them to the cavalry. "Come, young men, surpass in valour the infantry, as you already surpass them in honour and in rank. The infantry at the first onset have made the enemy give way: now that they have given way, do you give reins to your horses and drive them from the field. They will not stand your charge: even now they rather hesitate than resist." They spur on their horses, and drive in amongst the enemy who were already thrown into confusion by the attack of the infantry; and having broken through the ranks, and pushed on to the rear of their line, a part wheeling round in the open space, turn most of them away from the camp to which they were now flying from all sides, and by riding on before they deter them from that direction. The line of infantry, and the consul himself, and the main body of the army make for the camp, and having taken it with considerable slaughter, they get possession of a great quantity of booty. The fame of this battle was carried not only to the city, but to the other army also among the Sabines. In the city it was celebrated only with public rejoicing; in the camp it fired the courage of the soldiers to emulate such glory. Horatius, by training them in excursions, and making trial of them in slight skirmishes, had accustomed them to trust in themselves rather than to remember the ignominy incurred under the command of the decemvirs, and these little encounters had now gone so far as to insure to them the consummation of all their hopes. The Sabines, elated at their success on the preceding year, ceased not to provoke and urge them (to fight,) constantly asking them why they wasted time, sallying forth in small numbers and returning like marauders, and why they parcelled out the grand effort of a single war on a number of insignificant skirmishes? why did they not engage them in the field, and consign the result to fortune to be determined at once?

62. Besides that they had already of themselves recovered a sufficient degree of courage, the Romans were fired with exasperation "that the other army would soon return victorious to the city; that the enemy were now wantonly insulting them by contumelies; when would they be a match for the enemy, if they were not so then?" When the consul ascertained that the soldiers gave expression to these sentiments in the camp, having summoned an assembly: "How matters have gone on in Algidum," says he, "I suppose that you, soldiers, have already heard. As became the army of a free people to behave, so have they behaved: through the judicious conduct of my colleague and the valour of the soldiers, the victory has been gained. For my part, the plan and determination which I am to maintain, you yourselves shall suggest. The war may be both prolonged with advantage, and be brought to a speedy conclusion. If it is to be prolonged, I shall take care by the same discipline with which I have commenced, that your hopes and your valour may increase every day. If you have now sufficient courage, and it is your wish that the matter be decided, come on, raise here that shout such as you will raise in the field of battle, the index at once of your inclination and your valour." When the shout was raised with great alacrity, he assures them "that with the good favour of heaven, he would comply with their wishes and lead them next day to the field." The remainder of the day is spent in preparing their arms. On the following day, as soon as the Sabines saw the Roman army being drawn up in order of battle, they too, as being long since eager for the encounter, come forward. The battle was such a one as may be expected between two armies confident in themselves, the one animated by the glory of former and uninterrupted glory, the other lately so by an unusual instance of success. The Sabines aided their strength by stratagem also; for having formed a line equal (to that of the enemy,) they kept two thousand men in reserve, to make an attack on the left wing of the Romans in the heat of the battle. When these, by an attack in flank, were overpowering that wing, now almost surrounded, about six hundred of the cavalry of two legions leap down from their horses, and rush forward in front of their men, now giving way; and they at the same time both oppose the progress of the enemy, and incite the courage of the infantry, first sharing the danger equally with them, and then by arousing in them a sense of shame. It was a matter of shame that the cavalry should fight in their own proper character and in that of others; and that the infantry should not be equal to the cavalry even when dismounted.

63. They press forward therefore to the fight, which had been suspended on their part, and endeavour to regain the ground which they had lost, and in a moment not only is the battle restored, but one of the wings of the Sabines gives way. The cavalry, covered between the ranks of the foot, return to their horses; they then gallop across to the other division to announce their success to their party; at the same time also they make a charge on the enemy, now disheartened by the discomfiture of their stronger wing. The valour of none shone more conspicuous in that battle. The consul provided for all emergencies; he applauded the brave, rebuked wherever the battle seemed to slacken. When reproved, they displayed immediately the energy of brave men; and a sense of shame stimulated them as much as praises excited the others. The shout being raised anew, and making a united effort, they drive the enemy back; nor could the Roman power be any longer resisted. The Sabines, driven in every direction through the country, leave behind them their camp as plunder for the enemy. There the Roman recovers the effects not of the allies, as at Algidum, but his own property, which had been lost by the devastations of their lands. For this double victory, obtained in two battles, in two different places, the senate through jealousy decreed merely supplications in the name of the consuls for one day only. The people went, however, on the second day also in great numbers of their own accord to offer thanksgiving; and this unauthorized and popular supplication was even more zealously attended. The consuls by concert came to the city within the same two days, and called out the senate to the Campus Martius. Where, when they were relating the services performed by themselves, the chiefs of the patricians complained that the senate was convened among the soldiers designedly for the purpose of intimidation. The consuls therefore, lest there might be any foundation for such a charge, called away the senate to the Flaminian meadows, where the temple of Apollo now is (even then they called it Apollinaris). Where, when a triumph was refused by a large majority of the patricians, Lucius Icilius, tribune of the commons, proposed to the people regarding the triumph of the consuls, many persons coming forward to argue against the measure, but in particular Caius Claudius, exclaiming, "That it was over the senate, not over the enemy, the consuls wished to triumph; and that it was intended as a return for a private service to a tribune, and not as an honour due to valour. That never before was the matter of a triumph managed through the people; but that the consideration concerning the honour and the disposal of it, always lay with the senate; that not even the kings had infringed on the majesty of this highest order. That the tribunes should not thus occupy every department with their own authority, so as to allow the existence of no public council; that the state would be free, and the laws equalized by these means only, if each rank would retain its own rights, its own dignity." Though much had been said by the other senior patricians also to the same purpose, all the tribes approved that proposition. Then for the first time a triumph was celebrated by order of the people, without the authority of the senate.

64. This victory of the tribunes and people was well nigh terminating in an extravagance of a by no means salutary tendency, a conspiracy being formed among the tribunes to have the same tribunes re-elected, and in order that their ambition might be the less conspicuous, to continue their office to the consuls. They pleaded, as a cause, the combination of the patricians by which the privileges of the commons were attempted to be undermined by the affronts thrown upon the consuls. What would be the consequence, before the laws are yet firmly established, if consuls should through their factions attack the new tribunes. For that Horatii and Valerii would not always be consuls, who would postpone their own interest to the liberty of the people. By some concurrence of circumstances, useful at the time, it fell by lot to Marcus Duilius above any one else to preside at the elections, a man of prudence, and who perceived the storm of public odium that was hanging over them from the continuance of their office. And when he stated that he would take no notice of the former tribunes, and his colleagues strenuously insisted that he should allow the tribes to be at liberty to vote, or should give up the office of presiding at the elections to his colleagues, who would hold the election according to law rather than according to the pleasure of the patricians; a contention being now excited, when Duilius had sent for the consuls to his seat and asked them what they contemplated doing with respect to the consular elections, and they answered that they would appoint new consuls, having found popular supporters of a measure by no means popular, he proceeded with them into the assembly. Where, when the consuls, being brought forward before the people, and asked, whether if the Roman people, mindful of their liberty recovered at home through them, mindful also of their military services, should again elect them consuls, what they would do, made no change in their sentiments; he held the election, after eulogizing the consuls, because they persevered to the last in being unlike the decemvirs; and five tribunes of the people being elected, when, through the zealous exertions of the nine tribunes who openly pushed their canvass, the other candidates could not make up the required number of tribes, he dismissed the assembly; nor did he hold one after for the purpose of an election. He said that he had fulfilled the law, which without any where specifying the number of tribunes, only enacted that tribunes should be left; and recommended that colleagues be chosen by those who had been elected. And he recited the terms of the law, in which (it is said,) "If I shall propose ten tribunes of the commons, if you elect this day less than ten tribunes of the people, then that those whom they may have chosen as colleagues for themselves be legitimate tribunes of the people, by the same law as those whom you have this day elected tribunes of the people." When Duilius persevered to the last, stating that the republic could not have fifteen tribunes of the people, after baffling the ambition of his colleagues, he resigned his office, being equally approved by the patricians and people.

65. The new tribunes of the people in electing their colleagues evinced a disposition to gratify the wishes of the patricians; they even elected two who were patricians, and even consulars, Spurius Tarpeius and Aulus Aterius. The consuls then elected, Largius Herminius, Titus Virginius Caelimontanus not very much inclined to the cause either of the patricians or commons, had perfect tranquillity both at home and abroad. Lucius Trebonius, tribune of the commons, incensed against the patricians, because, as he said, he was imposed on by them in the affair of choosing colleagues, and betrayed by his colleagues, carried a proposal, "that whoever took the votes of the commons in electing tribunes of the people, he should go on taking the votes, until he elected ten tribunes of the people;" and he spent his tribuneship in worrying the patricians, whence the cognomen of Asper was given him. Next Marcus Geganius Macerinus, and Caius Julius, being elected consuls, quieted some combinations of the tribunes against the youth of the nobility, without any harsh proceeding against that power, and still preserving the dignity of the patricians; by proclaiming a levy for the war against the Volscians and AEquans, they kept the people from riots by keeping matters in abeyance; affirming, that every thing was quiet abroad, there being harmony in the city, and that through civil discord the enemies assumed new courage. Their anxiety for peace was also the cause of concord at home. But each of the orders ever took advantage of moderation in the other. Acts of injustice began to be committed by the younger patricians on the commons when perfectly quiet. When the tribunes would assist the weaker party, at first it was of little use; then not even themselves escaped being ill-treated; particularly in the latter months, when injustice was committed through the combinations among the more powerful, and the vigour of every magistracy becomes considerably more lax in the latter part of the year; and now the commons placed hopes in the tribuneship, only on the condition that they had tribunes like Icilius; that for the last two years they had had only mere names. On the other hand, the elder members of the patrician order, though they considered their young men to be too overbearing, yet would rather, if bounds were to be exceeded, that a redundancy of spirit should exist in their own order than in their adversaries. So difficult a thing is moderation in maintaining liberty, whilst by pretending to desire equalization, every person raises himself in such a manner as to depress another; and men, by their very precautions against fear, cause themselves to become objects of dread; and we saddle on others injustice thrown off from ourselves, as if it were actually necessary either to commit injustice or to submit to it.

66. Titus Quintius Capitolinus, for the fourth time, and Agrippa Furius being then elected consuls, found neither disturbance at home nor war abroad; both, however, were impending. The discord of the citizens could now no longer be checked, both tribunes and commons being exasperated against the patricians, when a day of trial being appointed for any of the nobility always embroiled the assemblies with new contests. On the first noise of which the AEquans and Volscians, as if they had received a signal, took up arms; at the same time because their leaders, desirous of plunder, had persuaded them that the levy proclaimed two years previously could not be proceeded with, the commons now refusing obedience; that on that account no armies were sent against them; that military discipline was subverted by licentiousness; and that Rome was no longer considered as their common country; that whatever resentment and animosity they may have entertained against foreigners, was now turned against each other; that now an occasion offered for destroying those wolves blinded by intestine rage. Having united their forces, they first laid waste the Latin territory: when no resistance was found there, then indeed, to the great exultation of the advisers of the war, they approached the very walls of Rome, carrying their depredations into the district around the Esquiline gate, pointing out to the city the devastation of the land by way of insult. Whence when they marched back to Corbio unmolested, and driving the prey before them, Quintius the consul summoned the people to an assembly.

67. There I find that he spoke to this purport: "Though I am conscious to myself of no fault, Romans, yet with the greatest shame I have come forward to your assembly. That you should know this; that this should be handed down on record to posterity, that the AEquans and Volscians, a short time since scarcely a match for the Hernicians, have with impunity come with arms in their hands to the walls of Rome, in the fourth consulate of Titus Quintius. Had I known that this ignominy was reserved for this particular year, (though we are now long living in such a manner, such is the state of affairs, that my mind could augur nothing good,) I would have avoided this honour either by exile or by death, if there were no other means of escaping it. Then if men of courage had those arms, which were at our gates, could Rome be taken in my consulate? I have had sufficient honours, enough and more than enough of life: I should have died in my third consulate. Whom did these most dastardly enemies despise? us, consuls, or you, citizens? If the fault is in us, take away the command from us as unworthy persons; and if that is insufficient, further inflict punishment on us. If in you, may there be none of gods or men who will punish your offences; do you only repent of them. It is not your cowardice they have despised, nor their own valour they have confided in; for having been so often routed and put to flight, stripped of their camp, amerced in their land, sent under the yoke, they know both themselves and you. The discord among the several orders is the bane of this city; the contests of the patricians and commons have raised their spirits; whilst we have neither bounds in the pursuit of power, nor you in that of liberty, whilst you are tired of patrician, these of plebeian magistrates. In the name of heaven, what would ye have? You coveted tribunes of the commons; we conceded them for the sake of concord. Ye longed for decemvirs; we suffered them to be created. Ye became weary of decemvirs; we compelled them to resign the office. Your resentment against these same persons when they became private citizens still continuing, we suffered men of the highest families and rank to die or go into exile. Ye wished again to create tribunes of the commons; ye created them. Though we saw that it was unjust to the patricians to create consuls in your own interest, we have even seen a patrician magistracy conceded as an offering to the people. The aid of tribunes, right of appeal to the people, the acts of the commons made binding on the patricians under the pretext of equalizing the laws, the subversion of our privileges, we have borne and still bear. What termination is there to be to our dissensions? when shall it be allowed us to have a united city? when to have one common country? When defeated we submit with more resignation than you when victorious. Is it enough for you, that you are objects of terror to us? The Aventine is taken against us; against us the Sacred mount is seized. When the Esquiliae is almost taken by the enemy, and when the Volscian foe is scaling your rampart, there is no one to dislodge him: against us ye are men, against us ye take up arms.

68. "Come, when ye have blockaded the senate-house here, and have made the forum the seat of war, and filled the prison with the leading men of the state, march forth through the Esquiline gate, with that same determined spirit; or if ye do not even venture thus far, behold from your walls the lands laid waste with fire and sword, booty driven off, the houses set on fire in every direction and smoking. But (I may be told) it is the public weal that is in a worse condition through these results: the land is burned, the city is besieged, all the glory of the war is centred in the enemy. What in the name of heaven? in what state is your own private interest? just now his own private losses were announced to each of you from the lands. What, pray, is there at home, whence you may recruit them? Will the tribunes restore and compensate you for what ye have lost? Of sound and words they will heap on you as much as ye please, and of charges against the leading men, and laws one upon another, and of public meetings. But from these meetings never has one of you returned home more increased in substance or in fortune. Has any one ever brought back to his wife and children aught save hatred, quarrels, grudges public and private? from which (and their effects) you have been ever protected, not by your own valour and integrity, but by the aid of others. But, when you served under the guidance of us consuls, not under your tribunes, and the enemy trembled at your shout in the field of battle, not the Roman patricians in the assembly, booty being obtained, land taken from the enemy, with a plentiful stock of wealth and glory, both public and private, you used to return home to your household gods in triumph: now you allow the enemy to go off laden with your property. Continue immovably tied to your assemblies, live in the forum; the necessity of taking the field, which ye avoid, still follows you. Was it too hard on you to march against the AEquans and the Volscians? The war is at your gates: if it is not repelled from thence, it will soon be within your walls, and will scale the citadel and Capitol, and follow you into your very houses. Two years ago the senate ordered a levy to be held, and the army to march to Algidum; yet we sit down listless at home, quarrelling with each other like women; delighting in present peace, and not seeing that after that short-lived intermission complicated wars are sure to return. That there are other topics more pleasing than these, I well know; but even though my own mind did not prompt me to it, necessity obliges me to speak that which is true instead of that which is pleasing. I would indeed be anxious to please you, Romans; but I am much more anxious that ye should be preserved, whatever sentiments ye shall entertain towards me. It has been so ordained by nature, that he who addresses a multitude for his own private interest, is more pleasing than the man whose mind has nothing in view but the public interest. Unless perhaps you suppose that those public sycophants, those flatterers of the commons, who neither suffer you to take up arms nor to live in peace, incite and work you up for your own interests. When excited, you are to them sources either of honour or of profit: and because, during concord between the several orders, they see that themselves are of no importance on any side, they wish to be leaders of a bad cause rather than of no cause whatever, of tumults, and of sedition. Of which state of things, if a tedium can at length enter your minds, and if ye are willing to resume the modes of acting practised by your forefathers, and formerly by yourselves, I submit to any punishment, if I do not rout and put to flight, and strip of their camp, those ravagers of our lands, and transfer from our gates and walls to their cities this terror of war, by which you are now thrown into consternation."

69. Scarcely ever was the speech of a popular tribune more acceptable to the commons, than was this of a most strict consul on that occasion. The young men also, who during such alarming emergencies had been accustomed to employ the refusal to enlist as the sharpest weapon against the patricians, began to direct their thoughts to war and arms: and the flight of the rustics, and those who had been robbed on the lands and wounded, announcing matters more revolting even than what was exhibited to view, filled the whole city with a spirit of vengeance. When the senate assembled, these all turning to Quintius, looked on him as the only champion of Roman majesty; and the leading senators declared "his harangue to be worthy of the consular authority, worthy of so many consulships formerly borne by him, worthy of his whole life, which was full of honours frequently enjoyed, more frequently deserved. That other consuls had either flattered the commons by betraying the dignity of the patricians, or by harshly maintaining the rights of their order, had rendered the multitude more difficult to subdue: that Titus Quintius had delivered a speech mindful of the dignity of the patricians, of the concord of the different orders, and above all, of the times. They entreated him and his colleague to take up the interest of the commonwealth; they entreated the tribunes, that by acting in concert with the consuls they would join in repelling the war from the city and the walls, and that they would induce the commons to be obedient to the senate in so perilous a conjuncture: that, their lands being devastated, and their city in a manner besieged, their common country appealed to them as tribunes, and implored their aid." By universal consent the levy is decreed and held. When the consuls gave public notice "that there was no time for examining into excuses, that all the young men should attend on the following morning at the first dawn in the Campus Martius; that when the war was over, they should afford time for inquiring into the excuses of those who had not given in their names; that the man should be held as a deserter, with whose excuse they might not be satisfied;" the entire youth attended on the following day. The cohorts chose each their centurions: two senators were placed at the head of each cohort. We have heard that all these measures were perfected with such expedition, that the standards, having been brought forth from the treasury on that very day by the quaestors and conveyed to the Campus, began to move from thence at the fourth hour; and the newly raised army halted at the tenth stone, followed by a few cohorts of veteran soldiers as volunteers. The following day brought the enemy within view, and camp was joined to camp near Corbio. On the third day, when resentment urged on the Romans, a consciousness of guilt for having so often rebelled, and despair (of pardon) urged them on the other side, there was no delay made in coming to an engagement.

70. In the Roman army, though the two consuls were invested with equal authority, the supreme command was by the concession of Agrippa resigned to his colleague, a thing which is most salutary in the management of matters of great importance; and he who was preferred politely responded to the ready condescension of him who lowered himself, by communicating to him all his measures and sharing with him his honours, and by equalizing himself to him no longer his equal. On the field of battle Quintius commanded the right, Agrippa the left wing; the command of the central line is intrusted to Spurius Postumius Albus, as lieutenant-general. Servius Sulpicius, the other lieutenant-general, they place over the cavalry. The infantry on the right wing fought with distinguished valour, with stout resistance from the Volscians. Servius Sulpicius broke with his cavalry through the centre of the enemy's line; whence though he might have returned in the same way to his own party, before the enemy could have restored their broken ranks, it seemed more advisable to attack the enemy's rear, and by attacking the rear he would in a moment have dispersed the enemy by the twofold attack, had not the cavalry of the Volscians and AEquans intercepted him and kept him engaged by a mode of fighting similar to his own. Then indeed Sulpicius asserted that "there was no time for delaying," crying out that "they were surrounded and cut off from their own friends, unless they united all their efforts and despatched the engagement with the cavalry. Nor was it enough to rout the enemy without disabling them; that they should slay horses and men, lest any might return to the fight or renew the battle; that they could not resist them, before whom a compact body of infantry had given way." His orders were addressed to by no means deaf ears; by one charge they routed the entire cavalry, dismounted great numbers, and killed with their javelins both the men and the horses. This put a termination to the battle with the cavalry. Then attacking the enemy's line, they send an account to the consuls of what they had done, where the enemy's line was now giving way. The news both gave new spirits to the Romans who were now conquering, and dismayed the AEquans as they were beginning to give way. They first began to be beaten in the centre, where the charge of the cavalry had broken their ranks. Then the left wing began to lose ground before the consul Quintius; there was most difficulty on the right. Then Agrippa, buoyed up by youth and vigour, on seeing matters going more favourably in every part of the battle than in his own quarter, took some of the standards from the standard-bearers and carried them on himself, some even he began to throw into the thick of the enemy. The soldiers, urged on by the fear of this disgrace, attacked the enemy; thus the victory was equalized in every quarter. News then came from Quintius that he, being now victorious, was about to attack the enemy's camp; that he was unwilling to break into it before he learned that they were beaten in the left wing also. If he had routed the enemy, that he should now join him, that all the army together might take possession of the booty. Agrippa being victorious came with mutual congratulations to his victorious colleague and to the enemy's camp. There being but few to defend it, and these being routed in a moment, they break into the fortifications without a struggle; and they march back the army after it obtained a large share of spoil, having recovered also their own effects, which had been lost by the devastation of the lands. I have not ascertained that either they themselves demanded a triumph, nor that such was conferred on them by the senate; nor is any cause assigned for the honour being either overlooked or not hoped for. As far as I can conjecture at so great a distance of time, when a triumph had been refused to the consuls Horatius and Valerius, who, in addition to the AEquans and Volscians, had gained the glory of finishing the Sabine war, the consuls were ashamed to demand a triumph for one half of the services done by them; lest if they even should obtain it, regard of persons rather than of merit might appear to have been entertained.

71. A disgraceful decision of the people regarding the boundaries of their allies disgraced the honourable victory obtained over their enemies. The states of Aricia and of Ardea, having frequently contended in arms concerning a disputed piece of land, and being wearied out by many mutual losses, appointed the Roman people as arbitrators. When they came to support their claims, an assembly of the people being granted them by the magistrates, a debate ensued conducted with great warmth. And the witnesses being now produced, when the tribes were to be called, and the people were to give their votes, Publius Scaptius, a plebeian advanced in years, rises up and says; "Consuls, if it is permitted me to speak on the public interest, I will not suffer the people to be led into a mistake in this matter." When the consuls said that he, as unworthy of attention, was not to be heard and, on his exclaiming "that the public interest was being betrayed," ordered him to be put aside, he appeals to the tribunes. The tribunes, as they are always directed by the multitude, rather than they direct them, indulged the people, who were anxious to hear him, in granting Scaptius leave to say what he pleased. He then commences: "That he was in his eighty-third year, and that he had served in that district which was now in dispute, not even then a young man as he was serving his twentieth campaign, when operations were going on at Corioli. He therefore adduced a fact forgotten by length of time, but one deeply fixed in his own memory: the district now in dispute had belonged to the territory of Corioli, and after the taking of Corioli, it became by right of war the public property of the Roman people. That he was surprised how the states of Ardea and Aricia should hope to intercept from the Roman people, whom from being the right owners they made arbitrators, a district the right to which they never claimed whilst the state of Corioli subsisted. That he for his part had but a short time to live; he could not however bring himself, old as he now was, to decline claiming by his voice, the only means he now had, a district which, as a soldier, he had contributed to acquire, as far as an individual could. That he strenuously advised the people not to damn their own interest by an improper feeling of delicacy."

72. The consuls, when they perceived that Scaptius was listened to not only in silence, but even with approbation, appealing to gods and men, that an enormous and disgraceful act was being committed, send for the principal senators: with these they went around to the tribunes; entreated, "that, as judges, they would not be guilty of a most heinous crime, with a still worse precedent, by converting the dispute to their own interest, more especially when, even though it may be lawful for a judge to protect his own emolument, so much would by no means be acquired by keeping the land, as would be lost by alienating the affections of their allies by injustice; for that the losses of character and of reputation were greater than could be estimated. Were the ambassadors to carry home this answer; was this to go out to the world; were their allies to hear this; were their enemies to hear it—with what sorrow the one—with what joy the other party? Could they suppose, that the neighbouring states would impute this proceeding to Scaptius, an old babbler at assemblies? that Scaptius would be rendered distinguished by this statue: that the Roman people would assume the character of a usurper and intercepter of the claims of others. For what judge in a private cause ever acted in this way, so as to adjudge to himself the property in dispute? That even Scaptius himself would not act so, though he has now outlived all sense of shame." Thus the consuls, thus the senators exclaimed; but covetousness, and Scaptius, the adviser of that covetousness, had more influence. The tribes, when convened, decided that the district was the public property of the Roman people. Nor is it denied that it might have been so, if they had gone to other judges; now the disgrace of the decision is certainly not at all diminished by the fairness of the title: nor did it appear more disgraceful or more hideous to the people of Aricia and of Ardea, than it did to the Roman senate. The remainder of the year continued free from either city or foreign commotions.



BOOK IV.

A law was passed concerning the intermarriage of the patricians and plebeians, after strong resistance on the part of the patricians. Military tribunes with consular power. Censors created. Restoration of the lands unjustly taken from the people of Ardea. Spurius Melius, suspected of aiming at regal power, is slain by C. Servilius Ahala by order of Quintius Cincinnatus, dictator. Cornelius Cossus, having killed Tolumnius, king of the Veientes, offers the second spolia opima. Duration of the censorship, originally five years, limited to one year and a half. Fidenae reduced, and a colony settled there. The colonists destroyed by the Fidenatians, who are subsequently conquered by Mamercus AEmilius, dictator. A conspiracy of the slaves put down. Postumius, a military tribune, slain by the army for his cruelties. Pay from the treasury first given to the soldiers. Operations against the Volscians, Fidenatians, and Faliscians.

1. Marcus Genucius and Caius Curtius followed these as consuls. The year was disturbed both at home and abroad. For at the commencement of the year Caius Canuleius, tribune of the people, proposed a law concerning the intermarriage of the patricians and commons; by which the patricians considered that their blood would be contaminated, and the privileges of birth would be confounded; and a hint at first lightly suggested by the tribunes, that it should be lawful that one of the consuls should be elected from the commons, afterwards proceeded so far, that the nine tribunes proposed a bill, "that the people should have the power of electing the consuls, whether they wished, from the commons or the patricians. But they thought that if that were done, the supreme authority would not only be shared with the lowest ranks, but be wholly transferred from the nobility to the commons. With joy therefore the patricians heard that the people of Ardea had revolted in consequence of the injustice of the taking away their land, and that the Veientians had laid waste the frontiers of the Roman territory, and that the Volscians and AEquans murmured on account of the fortifying of Verrago; so much did they prefer an unsuccessful war to an ignominious peace." These tidings therefore being received and with exaggerations, in order that during the din of so many wars the tribunitian proceedings might be suspended, they order the levies to be held, preparations to be made for war and arms with the utmost activity; with more energy, if possible, than had been used in the consulship of Titus Quintius. Then Caius Canuleius declared aloud in brief terms in the senate, that "the consuls wished in vain to divert the commons from attention to the new laws; that they never should hold a levee while he lived, before the commons had first ratified the laws proposed by him and his colleagues;" and he instantly summoned them to an assembly.

2. Both the consuls incited the senate against the tribune, and the tribune the people against the consuls at one and the same time. The consuls denied "that tribunitian frenzies could any longer be endured; that they were now come to a crisis; that more hostilities were being stirred up at home than abroad. That this happened not more through the fault of the commons than of the patricians; nor more through that of the tribunes than of the consuls. That the matter for which there was a reward in the state thrived always with the greatest proficiency; that thus it was that men became meritorious in peace, thus in war. That at Rome the highest reward was for sedition; that had ever been the source of honour both to individuals and to collective bodies. They should remember in what condition they had received the majesty of the senate from their forefathers, in what condition they were about to transmit it to their children; that, like the commons, they should have it in their power to boast that it was improved in degree and in splendour. That there was no end, nor would there be, so long as the promoters of sedition were rewarded with honour in proportion as sedition was successful. What and how important schemes Caius Canuleius had set on foot! that he was introducing confounding of family rank, a disturbance of the auspices both public and private, that nothing may remain pure, nothing uncontaminated; that, all distinction being abolished, no one might know either himself or those he belonged to. For what other tendency had those promiscuous intermarriages, except that intercourse between commons and patricians might be made common after the manner of wild beasts; so that of the offspring each may be ignorant of what blood he may be, of what form of religion he was; that he may belong half to the patricians, half to the commons, not being homogeneous even with himself? That it appeared not enough, that all things divine and human should be confounded; that those disturbers of the common people were now preparing to (seize) the consulship; and first that they sounded people's sentiments in mere conversation on the project of having one consul appointed from the commons; that now the proposition was brought forward, that the people may appoint the consuls, whether they pleased from the patricians or from the people; and that they would appoint no doubt every most turbulent person. The Canuleii, therefore, and the Icilii would be consuls. (They expressed a hope) that Jupiter, the best and greatest, would not suffer the imperial majesty of the sovereign power to descend to that; and that they would certainly die a thousand deaths rather than such a disgrace should be incurred. They were certain that their ancestors, could they have divined that the commons would become not more placable to them, but more intractable, by making successive demands still more unreasonable, after they had obtained the first, would have rather submitted to any struggle, than have suffered such laws to be saddled on them. Because it was then conceded to them with respect to tribunes, the concession was made a second time. There was no end to it; tribunes of the commons and patricians could not subsist in the same state; either the one order or the other office must be abolished; and that a stop should be put to presumption and temerity rather late than never. (Was it right) that they, by sowing discord, should with impunity stir up the neighbouring states against us? and then prevent the state from arming and defending itself against those evils which they may have brought on us? and after they have almost sent for the enemy, not suffer the armies to be levied against the enemies? But Canuleius may have the audacity to declare openly in the senate that, unless the patrician suffer the laws proposed by himself as victorious, to be enacted, he would prevent the levy from being held. What else was this, but threatening that he would betray his country; that he would suffer it to be attacked and captured? What courage would that expression afford, not to the Roman commons, but to the Volscians, AEquans, and the Veientians! would they not hope that, under the generalship of Canuleius, they should be able to scale the Capitol and citadel, if with the deprivation of privilege and majesty, the tribunes should rob the patricians of their courage also? That the consuls were prepared to act against the wicked schemes of their countrymen, before they would act against the arms of the enemy."

3. Just when these matters were going on in the senate, Canuleius thus declaimed in favour of his laws and against the consuls: "Frequently even before now I think I have observed how much the patricians despised you, Romans, how unworthy they deemed you to dwell in the one city and within the same walls with them; but on the present occasion most clearly, in their having risen up so determinedly in opposition to those propositions of ours: in which what else do we do, but remind them that we are their fellow citizens, and that though we possess not the same power, we inhabit the same city? In the one we demand intermarriage, a thing which is usually granted to neighbours and foreigners: we have granted even to vanquished enemies the right of citizenship, which is more than the right of intermarriage. In the other we propose nothing new; we only reclaim and demand that which is the people's; that the Roman people may confer honours on whomsoever they may please. And what in the name of goodness is it for which they embroil heaven and earth? why was almost an attack made on me just now in the senate? why do they say that they will not restrain themselves from violence, and threaten that they will insult an office, sacred and inviolable? Shall this city no longer be able to stand, and is the empire at stake, if the right of free suffrage is granted to the Roman people, to confer the consulship on whomsoever they may please, and if a plebeian, though he may be worthy of the highest honour, is not precluded from the hope of attaining that honour? and is this of the same import, whether a plebeian be made a consul, as if any one were to propose a slave or the son of a slave to be consul? Do you perceive in what contempt you live? they would take from you a participation in this light, if it were permitted them. That you breathe, that you enjoy the faculty of speech, that you possess the forms of human beings, excites their indignation. Nay even, as I hope for mercy, they say that it is contrary to religion that a plebeian should be made consul. I pray, though we are not admitted to the annals, nor to the commentaries of the pontiffs, do we not know even those things which strangers know? that consuls have succeeded kings? and that they possess no privilege, no majesty which was not formerly inherent in kings? Do you suppose that we ever heard it mentioned that Numa Pompilius, who not only was not a patrician, but not even a citizen of Rome, was sent for from the country of the Sabines by order of the people, with the approbation of the senate, and that he was made king at Rome? that afterwards Lucius Tarquinius, who was not only not of Roman, but not even of Italian extraction, the son of Damaratus of Corinth, an emigrant from Tarquinii, was made king, even whilst the sons of Ancus still lived? that after him Servius Tullius, the son of a captive woman of Corniculum, with his father unknown, his mother a slave, attained the throne by his ability and merit? For what shall I say of Titus Tatius the Sabine, whom Romulus himself, the founder of our city, admitted into partnership of the throne? Accordingly, whilst no class of persons is disdained, in whom conspicuous merit may be found, the Roman dominion increased. You do well to be dissatisfied now with a plebeian consul, when your ancestors disdained not foreigners as kings, and when, even after the expulsion of kings, the city was not shut against foreign merit. After the expulsion of the kings, we certainly admitted the Claudian family from the Sabine country not only into citizenship, but even into the number of the patricians. Can a man from a foreigner be made a patrician, then a consul? shall a Roman citizen, if he belong to the commons, be precluded from all hope of the consulate? Do we then deem it impossible that a man of the commons can be a person of fortitude and activity, qualified to excel both in peace and war, tyke to Numa, Lucius Tarquinius, and Servius Tullius? Or, should such appear, shall we not suffer him to meddle with the helm of government? or shall we have consuls like the decemvirs, the most abandoned of mortals, who were, however, all patricians, rather than like the best of kings, though new men?

4. "But (I may be told) no commoner has been consul since the expulsion of the kings. What then? ought no innovation to be introduced? and what has not yet been practised, (and in a new state there are many things not yet practised,) ought not even such measures, even though they be useful, be adopted? During the reign of Romulus there were no pontiffs, nor augurs: they were appointed by Numa Pompilius. There was no census in the state, nor the distribution of centuries and classes; it was introduced by Servius Tullius: there never had been consuls; they were created after the expulsion of the kings. Of a dictator neither the office nor the name had existed; it commenced its existence among the senators. There were no tribunes of the people, aediles, nor quaestors: it was resolved that those officers should be appointed. Within the last ten years we both created decemvirs for compiling laws, and we abolished them. Who can doubt but that in a city doomed for eternal duration, increasing to an immense magnitude, new civil offices, priesthoods, rights of families and of individuals, may be established? This very matter, that there should not be the right of intermarriage between patricians and commons, did not the decemvirs introduce within the last few years to the utmost injury of the commons, on a principle most detrimental to the public? Can there be a greater or more marked insult, than that one portion of the state, as if contaminated, should be deemed unworthy of intermarriage? What else is it than to suffer exile within the same walls, actual rustication? They wish to prevent our being mixed with them by affinity or consanguinity; that our blood be not mingled with theirs. What? if this cast a stain on that nobility of yours, which most of you, the progeny of Albans or Sabines, possess, not in right of birth or blood, but by co-optation into the patricians, having been elected either by the kings, or after the expulsion of kings, by order of the people, could ye not keep it pure by private regulations, by neither marrying into the commons, and by not suffering your daughters or sisters to marry out of the patricians. No one of the commons would offer violence to a patrician maiden; such lust as that belongs to the patricians. None of them would oblige any man against his will to enter into a marriage contract. But really that such a thing should be prevented by law, that the intermarriage of the patricians and plebeians should be interdicted, that it is which is insulting to the commons. Why do you not combine in enacting a law that there shall be no intermarriage between rich and poor? That which has in all places and always been the business of private regulations, that a woman might marry into whatever family she has been engaged to, and that each man might take a wife out of whatever family he had contracted with, that ye shackle with the restraints of a most tyrannical law, by which ye sever the bonds of civil society and split one state into two. Why do ye not enact a law that a plebeian shall not dwell in the neighbourhood of a patrician? that he shall not go the same road with him? that he shall not enter the same banquet with him? that he shall not stand in the same forum? For what else is there in the matter, if a patrician man wed a plebeian woman, or a plebeian a patrician? What right, pray, is thereby changed? the children surely go with the father. Nor is there any thing which we seek from intermarriage with you, except that we may be held in the number of human beings and fellow citizens; nor is there any reason why ye contest the point, except that it delights you to strive for insult and ignominy to us.

5. "In a word, whether is the supreme power belonging to the Roman people, or is it yours? Whether by the expulsion of kings has dominion been acquired for you or equal liberty for all? It is fitting that the Roman people should be allowed to enact a law, if it please. Or will ye decree a levy by way of punishment, according as each bill shall be proposed? and as soon as I, as tribune, shall begin to call the tribes to give their votes, will you, forthwith, as consul, force the younger men to take the military oath, and lead them out to camp? and will you threaten the commons? will you threaten the tribune? What, if you had not already twice experienced how little those threats availed against the united sense of the people? Of course it was because you wished to consult for our interest, that you abstained from force. Or was there no contest for this reason, that the party which was the stronger was also the more moderate? Nor will there be any contest now, Romans: they will try your spirit; your strength they will not make trial of. Wherefore, consuls, the commons are prepared to accompany you to these wars, whether real or fictitious, if, by restoring the right of intermarriage, you at length make this one state; if they can coalesce, be united and mixed with you by private ties; if the hope, if the access to honours be granted to men of ability and energy; if it is lawful to be in a partnership and share of the government; if, what is the result of equal freedom, it be allowed in the distribution of the annual offices to obey and to govern in their turns. If any one shall obstruct these measures, talk about wars, multiply them by report; no one will give in his name, no one will take up arms, no one will fight for haughty masters, with whom there is no participation of honours in public, nor of intermarriage in private."

6. When both the consuls came forward into the assembly, and the matter had changed from a long series of harangues to altercation, the tribune, on asking why it was not right that a plebeian should be made a consul, an answer was returned truly perhaps, though by no means expediently for the present contest, "that no plebeian could have the auspices, and for this reason the decemvirs had prohibited the intermarriage, lest from uncertainty of descent the auspices might be vitiated." The commons were fired with indignation at this above all, because, as if hateful to the immortal gods, they were denied to be qualified to take auspices. And now (as the commons both had a most energetic supporter in the tribune, and they themselves vied with him in perseverance) there was no end of the contentions, until the patricians, being at length overpowered, agreed that the law regarding intermarriage should be passed, judging that by these means most probably the tribunes would either give up altogether or postpone till after the war the question concerning the plebeian consuls; and that in the mean time the commons, content with the intermarriage-law (being passed,) would be ready to enlist. When Canuleius was now in high repute by his victory over the patricians and by the favour of the commons, the other tribunes being excited to contend for their bill, set to work with all their might, and, the accounts regarding the war augmenting daily, obstruct the levy. The consuls, when nothing could be transacted through the senate in consequence of the opposition of the tribunes, held meetings of the leading men at their own houses. It was becoming evident that they must concede the victory either to the enemies or to their countrymen. Valerius and Horatius alone of the consulars did not attend the meetings. The opinion of Caius Claudius was for arming the consuls against the tribunes. The sentiments of the Quintii, both Cincinnatus and Capitolinus, were averse to bloodshed, and to violating (persons) whom by the treaty concluded with the commons they had admitted to be sacred and inviolable. Through these meetings the matter was brought to this, that they suffered tribunes of the soldiers with consular authority to be elected from the patricians and commons without distinction; that with respect to the election of consuls no change should be made; and with this the tribunes were content, as were also the commons. An assembly is now proclaimed for electing three tribunes with consular power. This being proclaimed, forthwith whoever had contributed to promote sedition by word or deed, more particularly men who had been tribunes, began to solicit support and to bustle about the forum as candidates; so that despair, in the first instance, of obtaining the honour, by reason of the irritated state of the people's mind, then indignation at having to hold the office with such persons, deterred the patricians; at length however, being forced, they stood as candidates, lest they might appear to have relinquished all share in the government. The result of this election showed that the sentiments of persons in the struggle for liberty and dignity are different from those they feel when the contest is laid aside, the judgment being unbiassed; for the people elected all patricians as tribunes, content with this, that the plebeians had been taken into account. Where could you now find in an individual such moderation, disinterestedness, and elevation of mind, as was then displayed by the entire people?

7. In the three hundred and tenth year after the city of Rome was built, for the first time military tribunes in the room of consuls enter into office, Aulus Sempronius Atratinus, Lucius Atilius, Titus Claelius; in whose office the concord prevailing at home afforded peace also abroad. There are some who, without mentioning the proposal of the law concerning the election of consuls from among the commons, say that three military tribunes were elected on account of the Veientian war being added to the war of the AEquans and the Volscians and to the revolt of the Ardeates, because two consuls could not execute so many wars together, these tribunes being invested also with the authority and insignia of consuls. The jurisdiction of that office however did not stand on a firm footing, because the third month after they entered on the office, they resigned the honour, in pursuance of a decree of the augurs, as if unduly elected; because Caius Curtius, who had presided at the election, had not selected his tent with due regard to ceremony. Ambassadors came to Rome from Ardea complaining of the injustice in such a manner, that it appeared that, if it were redressed, they would continue in amity and the observance of the treaty, on the restitution of their land. The answer returned by the senate was: "that the judgment of the people could not be rescinded by the senate, besides such a measure could not be adopted on precedent or with justice;, as an additional reason also for the purpose of preserving concord between the several orders of the state. If the Ardeans were willing to abide a seasonable conjuncture, and leave to the senate the mode of redressing the injustice done to them, that the consequence would be that they would rejoice for having moderated their resentment, and that they should be convinced that the patricians were equally anxious that no injustice should arise against them, and that any which may have arisen should not be lasting." Thus the ambassadors, saying that they should lay the whole matter anew before their friends, were dismissed courteously. The patricians, now that the republic was without any curule magistrate, assembled together and elected an interrex. The contest whether consuls or military tribunes should be elected, kept the matter for several days in a state of interregnum. The interrex and senate strive that the elections of consuls be held; the tribunes of the people, and the people themselves, that elections of the military tribunes be held. The patricians succeeded, because both the commons, sure to confer the one or the other honour on patricians, gave up a needless contest, and the leaders of the commons preferred those elections at which no account was to be taken of them (as candidates) to those at which they should be passed by as unworthy. The tribunes of the commons also gave up the contest without a decision, as a compliment to the chiefs of the patricians. Titus Quintius Barbatus, the interrex, elects consuls Lucius Papirius Mugillanus, Lucius Sempronius Atratinus. During their consulship, the treaty was renewed with the Ardeans; and that is a record to prove, that they were consuls in that year, though they are not to be found among the ancient annals, nor in the books of the magistrates. I suppose because military tribunes existed at the commencement of the year, on that account, though these consuls were substituted, the names of the consuls were left out, just as if the military tribunes were the entire year in office. Licinius Macer states, that they were found both in the Ardean treaty and in the linen books at the temple of Moneta. There was tranquillity both at home and abroad, though so many alarms were held out by the neighbouring states.

8. This year (whether it had tribunes only, or consuls substituted in the room of tribunes) is followed by a year when there were undoubtedly consuls, scil. Marcus Geganius Macerinus a second time, Titus Quintius Capitolinus a fifth time. This same year was the commencement of the censorship, a thing which arose from an humble origin, which afterwards increased so much in importance, that in it was vested the regulation of the morals and discipline of Rome, the senate and the centuries of the knights, the distinction of honour and of ignominy were under the sway of that office, the legal right to public and private places, the revenues of the Roman people fell under their beck and jurisdiction. The institution of the thing originated in this, that the people not having been subjected to a survey for several years, the census could neither be deferred, nor had the consuls leisure to discharge their duty, when wars impended from so many states. An observation was made by the senate, "that an office laborious in itself, and one little suited to the consular office, required a magistrate for itself, to whose authority should be submitted the duties of the several scribes, the custody and care of the records, as well as the adjustment of the form to be adopted in the census." And inconsiderable though the proposal might be, still the senate received it with great pleasure, because it increased the number of patrician magistrates in the state, judging also that that would come to pass, which really did occur, viz. that the influence of those who should preside, and the honour of the office would derive on it additional authority and dignity. The tribunes also, considering the discharge of the duty (as was really the case) as necessary rather than the duty itself, as being attended with lustre, did not indeed offer opposition, lest they should through perverseness show a disposition to thwart them even in trifles. After the honour was rejected by the leading men of the state, the people by their suffrages appointed to the office of conducting the census Papirius and Sempronius, concerning whose consulate doubts are entertained, that in that magistracy they might have some recompence for the incompleteness of their consulate. They were called censors from the nature of their office.